Uh-oh. Lawyers who do document review may not be exempt from the overtime requirements of the Fair Labor Standards Act, according to a court decision issued yesterday.

Large law firms and legal services vendors often hire stables of contract lawyers to do document review in big cases. Sometimes, the lawyers who do the review are actually reading and analyzing the documents in light of ...

The sexual harassment case of Alexandra Marchuk v. Faruqi & Faruqi went to the jury late yesterday afternoon. For previous coverage of the trial, go here, here, here, here, here, and here.

In closing arguments, the attorney for the defendants called Ms. Marchuk a "wolf" and said she had made up her allegations to get money. Among other things, he noted that her gynecologist, who she saw ...

As expected, Law360 reports this morning that Plaintiff Alexandra Marchuk has asked Judge Alvin Hellerstein to reconsider his ruling that Nadeem Faruqi and Lubna Faruqi, co-founders of the New York law firm Faruqi & Faruqi, be dismissed from her lawsuit as individual defendants. She also requested reconsideration of the court's decision granting judgment to the defendants on her ...

The defense completed its case yesterday at the trial of Alexandra Marchuk's sexual harassment claims against the New York City law firm of Faruqi & Faruqi and partner Juan Monteverde. Prior coverage of the trial is available here, here, here, and here.

Yesterday, Mr. Monteverde testified more about the blood-stained carpet, saying he had not noticed the stains until Ms. Marchuk told ...

As an employer, what can you do to protect yourself when one employee claims severe sexual harassment and the other party denies it or claims it was all consensual?

The Marchuk v. Faruqi & Faruqi trial (daily updates here) is far from over, but that case, as well as one involving CRST Van Expedited in California, provide some valuable opportunities for us to learn from other employers ...

NOTE TO READERS: I am updating this post daily with the previous day's trial testimony. As of January 21, I have also decided to reorganize the post to include the most recent testimony before the jump. Prior days' testimony will be below the jump, as well as my "two cents," which I posted last week as the trial began.

I hope that everyone is following the Marchuk v. Faruqi & Faruqi sexual ...

As of this week, we have a new challenge to an employer based on medical marijuana – this time, in Rhode Island.

The state chapter of the American Civil Liberties Union filed suit alleging that Darlington Fabrics Corporation discriminated against a candidate for a paid intern position because the candidate, Christine Callaghan, disclosed that she used medical marijuana for her ...

Oddities, weirdness, and the strange and unusual from the world of employment law.

I thought only elephants had two-year pregnancies. As I've discussed here before, "pregnancy" for purposes of the federal Pregnancy Discrimination Act includes a lot of things besides the actual nine months of physical gestation. Arguably, it includes the period that a woman may be receiving in ...

The EEOC -- can't live with 'em, can't live without 'em.

As irritated as I sometimes become with the agency's lawsuits, I have to hand it to them. The guidance they have recently published jointly with the Federal Trade Commission on background checks is great -- written in plain English (no legalese), concise, and convenient. An employer can read and comprehend it without even needing an ...

(Please note: This week's "Friday" post is up a day early because our platform is getting a system upgrade beginning tomorrow and through the weekend. The blog will be available for viewing, but we will not be able to post anything new until Monday. So if you submit a comment after today and don't see it right away, please don't worry - we will have it up the first of next week. Thank you for your ...