The Second Circuit Should Emulate Discrimination Law in Assessing Simultaneous FLSA and NYLL Misclassification Claims
Julio Sharp-Wasserman and David Krauss, NYSBA Lab & Emp. L.J. (Nov. 2018)
Females’ pay inequity in tech industry needs more than ‘karma’ to be corrected
Menaka Fernando, Guest Column, San Francisco Examiner, October 16, 2014
Arbitrability Of Sarbanes-Oxley Whistleblower Claims
This article explores the arguments presented by member firms and registered employees, and outlines what arbitration panels have decided. Laurence S. Moy. Pearl Zachlewski, Linda Neilan, and Katherine Blostein. The Neutral Corner, Newsletter of FINRA Neutrals, Volume 1, 2008.
Since the passage of the Sarbanes-Oxley Act of 2002 (SOX), arbitrators handling employment claims may be faced with a throny question concerning SOX whistleblower claims: Should a SOX claim be litigated in court or arbitrated? Ultimately, the question comes to whether SOX whistleblower claims constitute "employment discrimination" claims, and are thus exempt from arbitration under Rule 13201 of the Code of Arbitration Procedure for Industry Disputes (Code). This article explores the arguments presented by member firms and registered employees and outlines what arbitration panels have decided.