Author Archives: Jeremy M. Sher

Advocate’s View: Second Circuit gives FLSA litigants a shortcut to settlement approval

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In settling a Fair Labor Standards Act (“FLSA”) action, reaching an agreement between the parties has usually been just the first step. Before the parties file a stipulation of discontinuance under Federal Rule 41(a)(1)(A), the court or the Department of ...

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Advocate’s View: Restrictive covenants and employee manuals can make a bad combination

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I have recently observed a trend in employment litigation: employers attempting to enforce covenants not to compete or solicit clients (“restrictive covenants”) that are contained in employee manuals, as opposed to discrete contracts. Employers should reconsider this practice if they ...

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Advocate’s View: Removing to federal court: a deadline you can’t miss

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When I last wrote about unmissable deadlines, I described CPLR and NYCRR provisions setting deadlines that normally can’t be forgiven. If you’re defending a state court action, there’s another deadline you must remember: the 30-day deadline to remove an action ...

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Advocate’s View: New York practice deadlines you can’t miss

Adjournments and extensions are routine in New York litigation. Return dates are postponed, scheduling orders are amended, and discovery deadlines are forgiven.  But deadlines can only be extended if the parties or the court have the authority to change them.  ...

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