U.S. Supreme Court May Ultimately Have The Final Word On The Future Of Unpaid Internships In The Private Sector
By William D. Welkowitz, Outten & Golden LLP partner Rachel M. Bien was interviewed for this article. (Reproduced with permission from FLSA Litigation Tracker, FLLTSR 2015:004 (Oct. 26, 2015). Copyright 2015 by The Bureau of National Affairs, Inc. (800-372-1033))
Use Of Statistical Evidence In Complex Wage Litigation
Adam T. Klein and Tarik F. Ajami. Statistical evidence has taken its place as a core class of evidence in complex employment cases. Yet despite the centrality of statistics in the field, there is precious little caselaw addressing the use of expert statistical evidence in complex wage-and-hour litigation. However, as a growing number of practitioners have recognized, class and collective wage-and-hour litigation is as well-suited or better-suited for the use of statistical experts as are Title VII and other employment actions.
Adam Klein Discusses Unpaid Intern Litigation, Wage-Hour Issues Related To Remote Connectivity And Employer Misclassification
Adam T. Klein, attorney at Outten & Golden LLP, is interviewed by Katarina E. Wiegele, of Bloomberg BNA for the FLSA Litigation Tracker, Litigation Q & A. Reproduced with permission from FLSA Litigation Tracker, (July 12, 2013). Copyright 2013 by The Bureau of National Affairs, Inc. (800-372-1033) http://www.bna.com
Off-The-Clock Claims From The Employee's Perspective
Employment law attorney Adam T. Klein, and Sean Farhang. Chapter 8 from Compensation, Work Hours and Benefits: Proceedings of the New York 57th Annual Conference on Labor edited by Hirsch, Samuel Estreicher 05/05/2009
In this paper we discuss legal issues relevant to off-the-clock wage and hour claims. By “off-the-clock” claims we refer to claims alleging that the defendant failed to pay an employee for work time which was compensable under relevant wage and hour law. Our primary focus is application of the Fair Labor Standards Act (“FLSA”) to off-the-clock claims.
Justin Swartz and Rachel Bien, Section of Labor & Employment Law, American Bar Association, Vol. 35, Number 4, Summer 2007
Few doubt the merits of diversity in the workplace. Indeed, a host of organizational leaders from chief executive officers to top military brass have recently touted the importance of a diverse labor force. As a result, an entire industry has emerged, geared toward eradicating workplace inequality.
Many thoughtful ideas have made their way onto "best practices" lists that identify methods to increase the representation of historically underrepresented groups in corporations and firms. (See, e.g., Equal Employment Opportunity Committee Diversity Task Force web page, which links to several lists of "best practices," http://apps.americanbar.org/dch/comadd.cfm?com=LL104000&pg=2
Despite all of this attention, however, the challenge of actually achieving diversity remains. As Alexandra Kalev, Frank Dobbin, and Erin Kelly wrote in a recent article examining the effectiveness of employers' efforts to promote diversity, "We know a lot about the disease of workplace inequality, but not much about the cure." "Best Practices or Best Guesses? Assessing the Efficacy of Corporate Affirmative Action and Diversity Policies," 71 Am. Soc. Rev. 589, 590 (August 2006).
At the 2007 National Conference on Equal Employment Opportunity Law in Charleston, South Carolina, the Section's Equal Employment Opportunity Committee (EEOC) presented two panels that focused on efforts to increase diversity in private sector workplaces, including law firms. The consensus that emerged from both panels was clear: truly overcoming inequality in the workplace requires more than changing hearts and minds. It demands a structural, top-down approach with incentives for meeting concrete diversity goals.
Employer Credit-History Checks And Criminal Record Checks Of Job Applicants For Hiring Decisions: The Illegality Under Title VII Disparate Impact Doctrine
Adam T. Klein, ReNika Moore, and Professor Scott A. Moss, May 3, 2007.
The legality under Title VII of employer use of credit-history checks as a job criterion or investigative tool is a question best answered in several parts. First, are employee credit-history checks a sufficiently widespread practice to merit the issuance of written guidance by the EEOC? Second, are employee credit-history checks an employment practice that has a disproportionately negative impact on African-Americans (and other protected groups as well)? Third, are employee credit-history checks a practice that is job-related and consistent with business necessity? Fourth, and perhaps most broadly, would barring the use of employee credit-history information in determining employment suitability comport with the goals and purposes of Title VII? Each question will be answered in turn...
Adam T. Klein, Esq. Tarik F. Ajami, Esq. Douglas C. James, Esq. Rachel Wilhelm, 2006
Technophobes, relax: electronic discovery is, at its core, just discovery. And being discovery, it is fundamentally the process of locating, reviewing, and producing materials that are not privileged and that are reasonably likely to lead to evidence admissible at trial. Fed. R. Civ. P. 26(b)(1). But today, virtually every document on the planet is generated and stored in some kind of digital format. The practical effect of this is that plaintiffs and defendants alike are, perhaps unknowingly, sitting atop a mountain of invisible documents, many of which may well be discoverable in the event of litigation.
Use Of ADR Procedures To Resolve Complex Employment Discrimination Litigation From A Plaintiff's Perspective: No Thanks
Authored by Adam T. Klein, Tarik F. Ajami and Mark R. Humowiecki, 2004. Arbitration of employment discrimination claims – be it a hybrid like “med/arb” and “arb/med” or pure arbitration – at least from a plaintiff’s perspective, offers no real advantages. To the contrary, it appears that the two main objectives of “cram-down” arbitration of employment disputes are (1) to discourage the filing of these claims in the first place and (2) to eliminate the possibility of class action litigation. Once forced into arbitration, the claimant is at a distinct disadvantage due to inequities in information access relative to the employer, the lack of public transparency, the lack of meaningful appellate review, and the “repeat player” dynamic.
By Adam T. Klein, Esq. and Mark R. Humowiecki, Esq. A paper on corporate outsourcing and how it cheats workers.
More than 60 years after the passage of federal minimum wage and overtime laws, hundreds of West African immigrants were working twelve hours a day, seven days per week, for as little as $1.25 per hour, at New York City’s largest retail grocery stores and pharmacies. How could well-known, multi-billion dollar companies, such as Duane Reade, A&P, and Gristede’s, so openly and egregiously violate the law? Welcome to “outsourcing”— a corporate practice touted by business visionaries as a way of focusing on core competencies and producing efficiencies, but also a tried and true means of lowering labor costs, escaping liability for employment law violations, and blocking labor organizing efforts, all achieved by avoiding a formal employment relationship with outsourced workers.
Non-Compete Agreements: Emerging Issues From The Perspective Of Employee's Counsel
Co-authored by Wayne N. Outten, Anne Golden, and Nantiya Ruan, 2001.
Today more than ever, trained employees are valued by employers who want to do everything in their power to keep them from leaving and taking their skills and knowledge with them. Undoubtedly, this is due in part to our nation's unemployment rate reaching a thirty-year low. Add the current business environment of increased mobility, decreased loyalty, and the tremendous amount of capital resources spent in creating intellectual property, and companies are increasingly requiring key employees to sign harsh non-compete agreements to discourage employee defection or "corporate raiding."
The law still favors free mobility of employees. But along with an increased number of employers requiring employees to sign non-competition agreements comes an increased number of suits to enforce these restrictive covenants. Consequently, the body of law governing this area has been changing. This outline will give practical advice to employee advocates on ways to best protect their clients' interests when confronted with non-competition agreements and will examine the emerging trends in this narrow, but increasingly pertinent, area of employment law.