The Ninth Circuit on Thursday affirmed the conviction and lengthy prison sentence of a Las Vegas businessman who attempted to avoid paying payroll and income taxes by paying his employees' wages in gold and silver coins, finding he had been given enough notice that the pay scheme was illegal.
Former WNBA player for the Connecticut Suns Adrienne Johnson cannot bring a workers' compensation suit in California for injuries suffered during her playing career because she did not suffer a specific injury in the state and only played one game there, a California appeals court ruled Tuesday.
The U.S. Department of Labor’s Occupational Safety and Health Administration on Thursday said the agency is launching an online complaints system.
Davis-Standard LLC sued an ex-vice president and a rival liquid coating equipment maker, SAM North America LLC, in Connecticut federal court Tuesday, saying the former executive had breached a noncompete agreement and violated trade secrets by joining SAM last month.
A New Jersey judge on Wednesday trimmed the lawsuit of a Continental Airlines Inc. flight attendant who contends supervisors harassed him over his hairstyle because he is openly gay but preserved his state law discrimination claim.
Fast food and retail employees held rallies Tuesday in 100 U.S. cities demanding higher wages, organizers reported on social media.
With the National Labor Relations Board increasingly interjecting into non-union issues, hotels, restaurants and other labor-intensive hospitality companies need to brace for potential claims and tread carefully when crafting social media policies for employees, experts say.
Helping Citigroup Inc. secure a Second Circuit win that allowed the bank to enforce an individual arbitration policy in an overtime dispute is just one of the recent successes that landed Morgan Lewis & Bockius LLP's Samuel Shaulson among Law360's Employment MVPs.
The Ninth Circuit on Thursday upheld the award of nearly $700,000 in attorneys’ fees to a former United Parcel Service Inc. employee in her discrimination case against the company, ruling California law allowed for the disparity between the fee award and her $27,000 damages award.
A National Labor Relations Board administrative law judge found Wednesday that a California-based realty company’s mandatory employment documents for new and existing employees, which included an arbitration agreement containing a class waiver, violated federal labor law under D.R. Horton.
Snack food giant Frito-Lay Inc. on Wednesday took shots at the U.S. Department of Labor’s administrative trial system for government contractors, telling a Texas federal judge the agency never had authority to request its employment data as part of a gender discrimination investigation.
The White House on Wednesday raised the cap on what the government will pay toward contractor salaries to nearly $1 million, based on a statutory formula that tracks the top salaries of private sector executives, a move that drew criticism from both contractors and federal employees.
The parent company of Philadelphia's two major daily newspapers told a state judge Monday that the city's former housing director could not prove he'd been libeled by a series of articles revealing allegations that he'd used public funds to settle sexual harassment suits brought by his subordinates.
Philadelphia-based Kleinbard Bell & Brecker LLP has added an Ogletree Deakins attorney with experience in commercial, intellectual property and employment litigation to bolster its employment group, the firm announced Tuesday.
A Texas city urged the state’s highest court Wednesday to reject a lawsuit brought by a man who claims he suffered nerve damage to his wrists by an officer when he was handcuffed during an arrest, saying the case could open the state to an avalanche of litigation.
Seyfarth Shaw LLP's Camille Olson set herself apart in the past year with a pair of key wins for her client DHL Express (USA) Inc. in a U.S. Equal Employment Opportunity Commission discrimination case and a former executive's breach of contract suit, earning her a spot on Law360's list of Employment MVPs.
The U.S. Court of Federal Claims on Wednesday rebuffed the government's attempt to get a putative wage-and-hour class action against the Department of Homeland Security transferred to a federal district court, saying that it had jurisdiction over the workers' Fair Labor Standards Act claims.
The New Jersey federal judge overseeing multidistrict overtime litigation against Morgan Stanley Smith Barney LLC tossed all but one of the claims that the company took illegal deductions from financial advisers' wages, ruling Wednesday that the claims weren't adequately alleged.
Five former Kansas City Chiefs players claimed in a lawsuit Tuesday that the team had failed to warn them about the health risks posed by concussions — the first time NFL retirees have targeted a team, rather than the league, over head injuries.
Plaintiffs challenging Pennsylvania’s ban on same-sex marriage said Monday that a bid by Gov. Tom Corbett’s administration for an interlocutory appeal to the Third Circuit to determine whether claims in the lawsuit fell under federal jurisdiction would create needlessly delay.
While the Obama administration delayed the employer mandate provision of the Affordable Care Act until next year, employers will soon have to determine whether an employee is classified as full-time and is therefore eligible for coverage — which may lead to staffing decisions that could expose them to liability. Remember, section 510 of ERISA generally prohibits interfering with employee benefits, say Adam Solander and Kara Maciel of Epstein Becker Green PC.
The European Commission’s recent proposal to establish a common definition of "trade secrets" and set of remedies in all 28 EU members states is likely to increase confidence that this element of intellectual property policy can be addressed effectively in the trade agreement currently in negotiation between the EU and U.S., say Jan-Diederik Lindemans and Mark Klapow of Crowell & Moring LLP.
Regarding the petition for certiorari in Dudenhoefer v. Fifth Third Bancorp, the solicitor general recently opined that only the presumption of prudence regarding employer stock being a proper legal standard for evaluating breach of fiduciary duty claims warrants the U.S. Supreme Court's review. Although presumably the high court will show deference to the solicitor general’s opinion, the high court should do just the opposite, say H. Douglas Hinson and Emily Costin of Alston & Bird LLP.
If it’s the holiday season — a time for charity and good deeds — it must also be the time for nonprofit scandals, mismanaged money and outright fraud. The United Way of America and Progressive Policy Institute cases offer many lessons that boards of charities should take to heart, says Terry Lenzner of Investigative Group International.
What is the thinking as to whether leaky air conditioner cases warrant multidistrict litigation treatment? On Dec. 5, the Judicial Panel on Multidistrict Litigation heads to Vegas to find out. This will bring a temperature shift in more ways than one from the September hearing, where the panel considered a potential MDL proceeding arising from allegedly defective clothes dryers, says Alan Rothman of Kaye Scholer LLP.
Two recent decisions in the Fifth Circuit and the Federal Circuit involving Kellogg Brown & Root Services Inc. dealt with vicarious liability under the Anti-Kickback Act for subcontractor kickbacks accepted by KBR’s employees. Both decisions are flawed, but they should alert contractors to a serious need to revisit ethics and compliance programs to address kickback situations, says John Pachter of Smith Pachter McWhorter PLC.
Local labor authorities do not yet seem to be moving to enforce the new restrictions established by recent changes to China's Employment Contract Law. There is a fairly obvious reason for this — they don’t quite know how to do so without potentially causing labor unrest and they would have to take action against some of the largest and most powerful companies in China: the state-owned enterprises, says Kevin Jones at Faegre Baker Daniels LLP.
California joined the growing list of states with expanded protections for individuals with prior criminal records when Gov. Jerry Brown approved a bill amending the California Labor Code. Now is an excellent time for local employers, and multistate employers that use a nationwide job application form, to assess thoroughly whether their application form, including questions about prior criminal records, complies with state and local laws, say attorneys with Littler Mendelson PC.
Given the state of the economy and the high unemployment rate, employers are likely to be presented with a better crop of candidates looking for seasonal work than ever before. Some employers may, in fact, decide to use seasonal hiring to improve their permanent workforce by replacing existing lackluster performers with superior seasonal talent. This move is not, however, without legal risk, says Janet Hendrick of Fisher & Phillips LLP.
For Black Friday, it’s not just about getting shoppers to the stores, but also maintaining a safe environment when they get there. While the crowd-management guidance recently issued by the Occupational Safety and Health Administration is not a regulation — yet — retailers would be remiss if they just assume these are only unenforceable suggestions from OSHA, say Marjorie Fochtman and Jeffrey Tanenbaum of Nixon Peabody LLP.