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August 2013 Archives

Second Circuit Upholds FLSA Class Action Waiver

Connecticut employers should take note that the U.S. Court of Appeals for the Second Circuit on August 9, 2013, issued a ruling upholding a class-action waiver in an employment agreement. In the case in questions, Sunderland v. Ernst & Young, LLP, the employee was making a claim for unpaid overtime wages, asserting that the employer improperly classified her as "exempt" for purposes of the Fair Labor Standards Act. The district court denied the employer's effort to compel individual arbitration, which had been agreed to by the employee in her original hiring. While on appeal, the U.S. Supreme Court decided American Express Co. v. Italian Colors Restaurant, 133 S.Ct. 2304 (2013). That decision compelled the Second Circuit to reverse the District Court's decision.

The long, winding road of Macy's v JC Penney should soon end

The attorneys for Macy's Inc. and J.C. Penney Co. made their final arguments recently in their contract dispute over rights to Martha Stewart Living merchandise. The parties reconvened after the last of many breaks in the trial that opened in February. While scheduling issues caused most of the delays, the court halted the proceedings at one point -- in March -- so that the retailers could attempt to mediate the matter.

Connecticut company sued for breach of contract

A large construction project on a university campus fell behind and cost more to complete because of the actions of a Connecticut subcontractor, a general contracting company claims in recent court filings. The general contractor is suing the Connecticut company for breach of contract and negligence.

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