The First Circuit on Friday reversed the remand of a putative wage class action against CVS Pharmacy Inc., saying CVS’ removal shouldn’t have been nixed for being filed past the 30-day deadline outlined in the Class Action Fairness Act, since the act includes exceptions when a suit’s damages can be readily calculated.
BMW Manufacturing Co. LLC on Thursday criticized a South Carolina federal judge's determination that the U.S. Equal Employment Opportunity Commission's use of background checks in hiring is not relevant to the agency's allegations that BMW's criminal record check policy disproportionately screens out black job applicants.
The Third Circuit on Thursday refused to take a second look at its decision denying Commerce Bancorp’s former CEO a new trial in his suit seeking to claim a $17 million severance package that went unpaid after he was ousted from the bank.
The U.S. Department of Labor has recovered nearly $2 million in back wages for construction workers on a federally funded solar energy project in Tonopah, Nevada, the agency said Thursday.
The D.C. Circuit Court of Appeals on Friday said it wouldn’t vacate a federal rule defining combustible dust in grain operations as a “hazardous chemical” and requiring employees be informed about its dangers, saying that the rule was fairly disseminated and not overly vague.
A whistleblower accusing Humana Inc. of Medicare Advantage fraud urged a Florida federal judge to reconsider his order dismissing her False Claims Act suit, claiming her latest amended complaint contains enough detail to allege a widespread case of fraud.
An ex-Anapol Schwartz Weiss Cohan Feldman & Smalley PC attorney who alleges that a culture of anti-gay bias at the firm derailed a lucrative job opportunity told a Pennsylvania state judge on Thursday that disputes over the events leading up to his departure require a jury trial.
The U.S. Office of Special Counsel on Thursday announced a landmark ruling that the U.S. Department of the Army had discriminated against a civilian employee after she announced a gender transition from male to female.
A Michigan appeals court ruled Friday that workers fired solely for failing a drug test because of their legal use of medical marijuana qualify for unemployment benefits, affirming lower court decisions that the state’s medical marijuana law preempted its unemployment law.
The Internal Revenue Service and U.S. Department of the Treasury on Friday said employer-sponsored 401(k) plans can now include annuities that are limited to older individuals without running afoul of federal nondiscrimination requirements, in a bid to promote annuity usage among taxpayers.
A Florida magistrate judge conditionally certified a collective class of exotic dancers Thursday in their lawsuit accusing a Miami strip club of stiffing them on wages and overtime, in violation of the Fair Labor Standards Act.
Sheehan Phinney Bass & Green PA announced that it has lured a veteran labor law practitioner from Jones Day to its Boston office.
An Illinois federal judge on Thursday refused to toss most of an ex-employee's $62 million False Claims Act suit accusing Northrop Grumman Corp. of defrauding the U.S. over a program designed to create technology protecting commercial aircraft from shoulder-fired missiles, finding plausible allegations that Northrop had lied.
Quinn Emanuel Urquhart & Sullivan LLP on Thursday asked a New York appeals court to allow it to represent an investment management firm in a former employee’s wrongful termination suit, saying a lower court misapplied conflict of interest standards when it disqualified the law firm from the case.
A New Jersey federal judge refused Thursday to nix a lawsuit brought against the owner of several Ashley Furniture HomeStore locations by an ex-human resources director who was allegedly fired because of her sexual orientation and told the termination was ordained by God.
Two pension funds launched another challenge to Simon Property Group CEO David Simon's pay in a derivative lawsuit unsealed late Wednesday, arguing revisions to his compensation made in the midst of a prior Delaware Chancery Court fight weren’t good enough and could hand him more than $150 million.
U.S. District Judge Lucy H. Koh agreed Wednesday to take on a proposed class action accusing Oracle Corp. of conspiring to suppress employee pay by entering an anti-poaching agreement with Google Inc., finding the new suit was related to an ongoing case about similar recruitment agreements.
The Seventh Circuit on Thursday refused to rehear en banc a ruling that released ConAgra Foods Inc. from its portion of a $180 million jury verdict stemming from an explosion at an Illinois grain mill that severely burned three workers.
A bank and an insurer urged the judge handling San Bernardino, California’s two-year-old bankruptcy case on Wednesday to fix a March 1 deadline for the city to submit a Chapter 9 exit plan, saying that a firm timeline will pressure recalcitrant unions into accepting benefit cuts.
Chevron USA Inc. on Thursday won approval from a California judge for its $4.2 million settlement of class claims that it stiffed almost 1,400 current and former oil refinery employees by not paying wages for time spent on required pre- and post-shift meetings.
The Sixth Circuit’s ruling in Sherfel v. Newson reinforces the existing interpretation of the Employee Retirement Income Security Act — state law is preempted when it subjects ERISA-governed plans to different legal obligations or requires the plan administrator to pay different benefits than the plan otherwise provides, say attorneys at Baker & McKenzie.
Let’s face it: Taking friends or acquaintances to Justin Timberlake concerts or golf at the Ocean Course is not how we as law firm associates are going to develop business. Our primary value comes not from out-of-office networking jaunts but from bearing a laboring oar for our partners. Which is why our best approach to business development is more likely from the inside out, says Jason Idilbi of Moore & Van Allen PLLC.
Notwithstanding its arguably questionable precedential support, the Third Circuit’s decision in Opalinski v. Robert Half Inc. is not surprising. It continues arbitration law’s march toward a likely end, by any path, for class action liability for companies and other business entities, say Brian Berkley and Matthew Adler of Pepper Hamilton LLP.
In light of recent legal developments, most notably passage of the Affordable Care Act, and ongoing national issues, such as America's looming retirement crisis, corporate employers will continue to face incredible challenges to their offered health and benefit plans, says Michelle Capezza of Epstein Becker & Green PC.
Faced with a growing trend of trade secret theft, Japanese lawmakers are actively debating reforms to strengthen both civil and criminal enforcement of trade secrets. The proposals, however, fail to address the fundamental weakness of trade secret enforcement under current Japanese law, say attorneys with Finnegan Henderson Farabow Garrett & Dunner LLP, Kitahama Partners and Lexia Partners.
This fiscal year, the U.S. Equal Employment Opportunity Commission has focused substantial resources to tackle the legal issues that could — if the EEOC is successful — sweep away certain procedural prerequisites to filing suit that the agency believes impede its enforcement efforts, especially over systemic cases, say attorneys at Seyfarth Shaw LLP.
The Nevada federal court's recent ruling in Agincourt Gaming LLC v. Zynga Inc. is an important reminder that a nonparty wanting to challenge a civil subpoena should consider carefully the appropriate jurisdiction in which to file a motion to quash under recently enacted Rule 45, say Steven Luxton and Brad Nes of Morgan Lewis & Bockius LLP.
If the Eleventh Circuit overturns the ruling in Brenner v. Scott, then Florida’s ban on same-sex marriage would remain in place — making the Eleventh Circuit the only circuit to uphold such a ban and opening the door to U.S. Supreme Court review, say Brad Gould and Dana Apfelbaum of Dean Mead Minton & Zwemer.
In a regulatory landscape of ban-the-box laws and increased EEOC scrutiny of criminal history questions during the hiring process, employers in industries such as health care and finance are often put in the position of acting unlawfully because they are required to conduct background checks for certain positions. The Certainty in Enforcement Act could clarify things, but it also leaves the door open for trouble, says Natasha Dorse... (continued)
The goal of Brazil's eSocial program is to gradually replace obligations from previous labor and social security withholding forms, thus reducing employers' repetitive and excessive submission of information, say Walter Abrahao Nimir Junior and Marina Alfonso de Souza of De Vivo Whitaker e Castro Advogados.