September 2013

Former Wal-Mart Stores, Inc. v. Dukes class members were dealt another blow this week when Southern District of Florida District Judge Robert N. Scola, Jr. granted Wal-Mart’s motion to dismiss more regionally-focused class claims that had been brought by certain members of the doomed Dukes class.  In Love v. Wal-Mart Stores, Inc., No. 12-61959-Civ-SCOLA (S.D. Fla. Sept. 23, 2013), the district court held that the class claims being asserted were time-barred and thus subject to dismissal.

The Diversity Visa Lottery Registration for the next cycle of this popular program opens Tuesday, October 1, 2013. Entries must be submitted electronically at https://www.dvlottery.state.gov/ between noon on October 1, 2013, and noon on November 2, 2013, Eastern Standard Time. Read this alert to learn more about the registration process and which applicants are encouraged…

On October 1, 2013, the New Jersey Security and Financial Empowerment Act (SAFE Act) will take effect, requiring employers to provide unpaid leave to employees affected by domestic or sexual violence. For more on the requirements of the new law, see our past client alert New Jersey’s New Law Requires Unpaid Leave for Victims of…

On August 28, 2013, New Jersey Governor Chris Christie signed A-2648 to add a new non-retaliation pay equity measure to the Law Against Discrimination (“LAD”) (hereinafter, the “amendment” or “law”). The amendment prohibits an employer from retaliating against any employee who requests information concerning the job title, occupational category, rate of compensation (including benefits), gender,…

In 2005, Congress passed the Class Action Fairness Act (CAFA), which creates federal jurisdiction over class actions involving more than 100 class members and $5 million in controversy.  Plaintiffs have long attempted to avoid CAFA’s invocation of federal jurisdiction by stipulating to no more than $5 million in classwide damages.  In Standard Fire Ins. Co. v. Knowles, 133 S. Ct. 1345 (2013), the Supreme Court’s first CAFA case, the Court rejected such stipulations on the basis that, prior to class certification, a named plaintiff has no authority to legally bind unnamed class members.

On August 27, 2013, the Office of Federal Contract Compliance Programs (“OFCCP”) released long-awaited Final Rules that substantially impact federal contractor compliance obligations under the Vietnam Era Veterans’ Readjustment Assistance Act, as amended (“VEVRAA”) and Section 503 of the Rehabilitation Act of 1973, as amended (Section 503). VEVRAA and Section 503 Final Rules impose significant…