With California’s paid sick leave mandate taking effect Wednesday, employers need to think carefully about how they provide and track employee sick days and when they deny a request for leave, or risk administrative fines and retaliation claims, according to lawyers. Here, attorneys offer five tips to make sure employers are following the new state law.
In newly unveiled plans to force public companies to recoup executive pay after a restatement, the U.S. Securities and Exchange Commission would force companies to overhaul their current clawback procedures while placing them in a quandary over how to enforce the stiff measures.
A California judge on Wednesday approved a deal by two units of The Walt Disney Co. ending putative class actions alleging 4,500 resort and theme park workers lost out when the companies miscalculated how much vacation pay exiting workers were owed.
The U.S. Supreme Court has handed down a bevy of opinions in labor and employment cases since 2000, tackling everything from the nuances of discrimination law to class action requirements to the validity of presidential recess appointments and underscoring the significance of workplace law to the American economy. Here, Law360 ranks the top 15 high court employment decisions from the past 15 years.
The National Labor Relations Board has decided to adopt a new standard for a union’s access to an employer’s witness statements, nixing a blanket exemption on mandatory disclosure in favor of a more nuanced approach that assesses an employer’s confidentiality interests.
Former Sony Pictures Entertainment Inc. employees sought class certification Tuesday in their California federal suit claiming its negligence caused a massive data breach, purportedly carried out by North Korean hackers in retaliation for a movie in which Kim Jong Un is assassinated.
The first half of 2015 was eventful in Delaware, with a battle over fee-shifting in shareholder litigation boiling over from the courts to the capitol, the Delaware Supreme Court limiting suits against independent directors, and a former state high court justice joining a powerhouse firm. Here, Law360 runs down the major developments of the first half of the year and looks ahead to how they might continue to play out.
The U.S. Equal Employment Opportunity Commission has tapped two longtime agency attorneys to take charge of the agency's district offices in Chicago and San Francisco, EEOC chair Jenny R. Yang has announced.
With 2015 halfway done, the employment litigation landscape has already seen several big decisions in the appellate courts, from a Second Circuit ruling on the limits of class certification to the Colorado Supreme Court’s decision about firing a worker who used medical marijuana. Here, Law360 takes a look back at the key 2015 decisions employment attorneys need to know.
A divided U.S. Securities and Exchange Commission on Wednesday proposed stiff new requirements that would require publicly traded companies to claw back some bonuses and other incentive-based pay from executives in the event of an accounting restatement, regardless of whether they were at fault.
Despite a sharply critical dissent arguing for the use of a looser test to determine liability, antitrust experts say the Second Circuit's decision Tuesday to apply the tougher per se standard to keep Apple on the hook for e-book price-fixing was the right call.
The U.S. Department of Labor's newly proposed rule to expand overtime pay protections won plaudits from worker advocates, but some management-side lawyers warned that the final version could contain changes to the duties tests for overtime eligibility that weren't pitched when the proposal was unveiled Tuesday.
The Eleventh Circuit on Tuesday revived two putative class actions accusing SunTrust Banks Inc. of unfairly compromising its employees' retirement plans by allegedly selecting poorly performing mutual funds managed by its own affiliates in light of the U.S. Supreme Court's recent Tibble ruling.
In agreeing to hear a case about naked short selling, the U.S. Supreme Court on Tuesday put itself in a position to establish the extent to which federal securities laws preempt certain state-based claims and, in doing so, may further curtail state securities suits.
Amazon.com on Monday shot back at the Federal Trade Commission’s bid to compel the Internet giant to disclose the names of “potentially thousands” of its customers in the agency’s suit challenging charges for children’s in-app purchases, saying the FTC’s request would needlessly violate customers’ privacy.
The U.S. Department of Labor’s new regulations governing the certification process for H-2B visa workers make an already complex process more complicated, hurting small businesses in the process, the American Immigration Lawyers Association and the U.S. Chamber of Commerce argued Monday.
The Second Circuit on Tuesday rejected Apple Inc.'s challenge to a ruling that it orchestrated a plot among five of the nation's biggest publishers to hike the price of e-books, handing a victory to the U.S. Department of Justice.
The U.S. Supreme Court on Tuesday granted an appeal from Merrill Lynch, UBS Securities LLC and other financial institutions over a shareholder suit alleging they engaged in illegal and manipulative “naked” short selling.
The U.S. Department of Labor unveiled a proposed rule Tuesday that would broaden federal overtime pay regulations to cover nearly 5 million more people and raise the minimum salary threshold required to qualify for the Fair Labor Standards Act's “white collar” exemption to $50,440 per year.
The National Federation of Independent Business on Monday lashed out at the IRS over a “schizophrenic” rule that penalizes small businesses that choose to compensate employees for health care-related expenses rather than provide group health insurance, throwing its weight behind repeal efforts in Congress.
Cybersecurity is an issue that should be top-of-mind for all companies. But there are three misconceptions that can put companies at significant risk. In this video, Foley & Lardner LLP partner Michael Overly discusses these misconceptions and how companies should change their approaches to cybersecurity.
It doesn’t get much worse than having your mother lie for you, being turned in by your own party and receiving an active federal prison sentence. But, while all the political operatives in the country get a good laugh at Tyler Harber’s expense, we should not miss the importance of the prosecution. It is the first of many investigations into the world of big money politics, says Robert Higdon, a partner at Williams Mullen and former... (continued)
While the 2015 annual meeting season is still winding down, there is no doubt that proxy access has gained considerable momentum and will remain a front-and-center corporate governance issue for the foreseeable future. For the many companies that were bystanders on the issue this proxy season, the question will be whether to act now or wait and watch for further developments, say Marc Gerber and Richard Grossman of Skadden Arps Sla... (continued)
The trial of former PetroTiger Ltd. CEO Joseph Sigelman came to an abrupt end last week after prosecutors agreed to a plea agreement that appears to include terms favorable to the ousted executive. The case garnered widespread interest in part because criminal Foreign Corrupt Practices Act cases are rarely tried — this was only the fourth FCPA prosecution in as many years to progress all the way to trial, say attorneys with Norton Rose Fulbright.
Audit committees must consider when adequate capital returns will be assessed, measured and then the subject of a corporate decision. An aphorism at Google — “fail fast” — distills the concept of boldly allocating capital, but then also boldly deciding when a capital allocation has been misspent and should be discontinued, says James Carlson of Mayer Brown LLP.
The Supreme Court of Texas plainly seems to believe that its decision in Sneed v. Webre endorses an “easier” path for a shareholder in a closely held corporation to enforce its rights and protect the value of its ownership interests. However, while the business judgment rule will not be a bar to standing, it remains a high hurdle to any ultimate recovery for derivative plaintiffs, says Jeffrey Elkin of Porter Hedges LLP.
As Dec. 1 approaches, prospective plaintiffs involved in patent disputes would do well to consider the pending changes to Federal Rule of Civil Procedure 84 and the Appendix of Forms when deciding when to file complaints and what to allege, say Leeron Morad and Andrew Bramhall of Quinn Emanuel Urquhart & Sullivan LLP.
Chief financial officers of multinational enterprises are finding themselves increasingly in difficult positions on the tax front, whether that is because of changes coming from the base erosion and profit-shifting initiative or “rogue” national changes like the U.K. diverted profits tax. It’s not surprising that 80 percent of CFOs in a recent survey stated that initiatives to reform the international tax architecture are desirable... (continued)
Motions for sanctions based on spoliation of evidence have become increasingly common, and a company that is not prepared to defend against a claim of spoliation may find itself forced to choose between an unfavorable settlement offer or the imposition of sanctions that could prevent it from prevailing on its claims or defenses, say Paul Steinman and Thomas Sanchez of Eckert Seamans Cherin & Mellott LLC.
During the 2015 legislative session, the Florida Legislature adopted amendments to the Florida Revised Limited Liability Company Act. Philip Schwartz and Andrew Schwartz at Akerman LLP highlight some of the major changes and their impact on Florida LLCs.