A federal court in Missouri refused last week to sign off on a $1.7 million proposed settlement in a wage class action brought by a group of tank installers who alleged USA Tank Sales and Erection Co. Inc. denied them overtime.
A ruling Monday that nixed the U.S. Equal Employment Opportunity Commission's massive suit against Sterling Jewelers Inc. due to the scope of the agency's presuit investigation is not only a major setback for the agency, but also the latest front in a growing battle over the EEOC's tactics for launching large-scale cases that the U.S. Supreme Court will have to resolve.
A National Labor Relations Board regional director agreed Monday to let workers who oppose unionization intervene in the United Auto Workers' bid to have its recent loss in a representation election at Volkswagen AG's Chattanooga, Tenn., plant tossed over alleged interference by state politicians.
The Professional Association of Golf Officials asked the Texas Supreme Court Monday to revive a malpractice suit against its former law firm over allegedly bad advice it received concerning its collective bargaining agreement with the PGA.
Senators questioned the Department of Energy and its contractors at the Hanford nuclear site in Washington state about the firing of two employees who raised concerns about safety, saying that the DOE must support whistleblowers and should reconsider its practice of paying legal fees of contractors accused of wrongfully firing employees.
The U.S. House of Representatives passed a package of bills Tuesday designed to limit the scope of the Affordable Care Act’s individual and employer mandates, including a bill that would allow individuals to opt out of health coverage for religious reasons.
Increasing compatibility of health, safety and environmental regulations in the U.S. and Europe while maintaining high levels of protection are among the U.S. goals in ongoing trade negotiations with the European Union, the U.S. Trade Representative's office said Tuesday.
A New York state judge on Tuesday tossed a suit accusing the New York State Assembly of being liable for a disgraced politician's alleged sexual harassment of female staff members in his office, ruling that the plaintiffs hadn't shown that the Assembly was their employer.
The U.S. Department of Labor took a step Tuesday toward requiring pension plan service providers to give employers a road map to help them understand disclosures about compensation and possible conflicts of interest, proposing an amendment to a 2012 rule and seeking public input.
A former administrator at the General Services Administration who was ousted after a scandal over exorbitant spending during a 2010 Las Vegas training conference will be reinstated and granted 19 months of back pay after being exonerated on Thursday.
The Pennsylvania Superior Court upheld a trial court decision letting law firm McNees Wallace & Nurick LLC off the hook in a case accusing the firm of committing legal malpractice in connection with All-Staffing Inc. co-owner Alfonso Sebia's sale of stock during an acquisition of the company.
A federal magistrate judge in Pennsylvania on Thursday threw out a suit accusing five former Carnegie Strategic Design Engineers LLC workers of jumping ship with $10 million worth of confidential business information, endorsing a “narrow interpretation” of the Computer Fraud and Abuse Act.
Republicans in the New Jersey Assembly introduced legislation on Monday that would allow business owners to deduct from their state income taxes contributions they make toward their own pension plan.
Former employees of a Fort Lauderdale, Fla.-based college targeting the school in a False Claims Act suit sought a quick win in Florida federal court Monday, saying the school's denial that it incentivized admissions counselors in violation of federal law doesn't stand up to the evidence.
The low proportion of women in senior roles at private equity firms has not improved much over the past two years, according to a study by PE research firm Preqin.
A National Labor Relations Board judge said Friday that a Pep Boys Manny Moe & Jack of California arbitration agreement barring worker class actions was unlawful, adding that the NLRB's D.R. Horton decision remains the law of the land unless the U.S. Supreme Court says otherwise.
Successfully handling high-profile matters, with and against so many well-known insurance coverage professionals, offered me a chance to break into, then gain prominence and respect in, an industry dominated by men, says Sherilyn Pastor, leader of McCarter & English LLP's insurance coverage group and a member of the firm's executive committee.
When you are in the middle of a trial or a large transaction and have missed one too many soccer games, it is easy to say you must make a change. But the best thing to do is to get through the madness, and then re-evaluate your personal and professional balance, says Heidi Goldstein, leader of Thompson Hine LLP's women's initiative.
Management-side employment titan Ogletree Deakins Nash Smoak & Stewart PC has deepened its New York City bench with the addition of a former Cooley LLP employment litigator and counselor with experience in the retail and media services sectors, the firm announced Monday.
A New Jersey senator announced Monday that he has introduced a bill that would protect workers in the state who can't make it to their jobs during a declared state of emergency from suffering negative consequences at the hands of their employers.
Scenarios that could trigger an internal investigation include a subpoena from a government agency seeking records and indicating a criminal investigation is underway for violations of insider trading, tax laws or fraud. In such cases, it is important for the company’s investigation to stay a step or two ahead. Consider the need for retaining separate counsel for certain employees and determine how to deal with third parties and former employees, say attorneys with Sheppard Mullin Richter & Hampton LLP.
The Sixth Circuit, in its recent decision in McClain v. Eaton Corp Disability Plan, took pains to dial back the effects of Cozzie v. Metropolitan Life Insurance Co. At a minimum, the court made it clear that administrators are due “extreme deference” and that their decisions under the arbitrary and capricious standard of review must be upheld as long as they are the result of a principled reasoning process and are supported by substantial evidence, says Michael DeWitt of Fox & Fox Co. LPA.
Many employees today prefer to bring their own mobile phone, tablet or laptop to the office to have 24/7 access to their work, a phenomenon known as "Bring Your Own Device." While most companies purchase anti-virus software for their computers, it seems logical, then, to extend that policy to other mobile devices because protecting employee devices provides insurance for the company too, says Daniel Garrie of Law & Forensics.
The economy has had a marked impact on the alternative dispute resolution industry, but much of that impact comes directly from the new dynamics between law firms and their clients. ADR providers have been keen observers of these trends and are learning to react creatively. It’s not all a bed full of roses from the ADR side, but there have been some positive changes, says Chris Poole of JAMS.
Creating a written policy and designating a human resources representative to monitor telecommuting employees and unpaid interns are worthwhile efforts to prevent an employment-related lawsuit and all the bad publicity that comes with one, say attorneys at Porter Hedges LLP.
San Francisco's recently enacted ordinance promoting family-friendly workplace policies has the potential to spur private litigation by employees for wrongful termination based on alleged violations of the law. While the ordinance does not provide a private right of action, foreseeably the plaintiffs bar will attempt to package retaliation claims under it — which may be the most significant, long-term impact of the new law, says Andrew Sommer of Epstein Becker & Green PC.
Cloud users must know how to use the cloud responsibly to prevent later difficulties with document production. When negotiating a cloud service agreement, users should look for certain services that will prove useful when responding to discovery requests, such as comprehensive search options, instant suspension of the auto-delete function, and preservation of metadata and embedded data, say attorneys with Sidley Austin LLP.
America's workforce today is a generational mix of Baby Boomers, Generation X and millennials, each with their own values, attitudes and communication styles. An ethics and compliance program strategy can promote more collaboration across generations by adopting three simple characteristics — multigenerational ambassadors, two-way dialog and information contextualization, says Marsha Hames of LRN Corporation.
In the year since the U.S. Supreme Court's decision in Comcast Corp. v. Behrend, nearly 200 cases have cited the ruling, but the only consensus reached is that its significance for class actions is unsettled. However, notwithstanding the lower courts’ inconsistent application of Comcast's “rigorous analysis” of damages model evidence, a few guiding principles have emerged, say Erik Snapp and Quinn Shean of Dechert LLP.
Whether ensuring wage-hour compliance, implementing a new internship program or conducting a background check, hospitality employers must always be aware of the pitfalls. For example, while screening new hires through background checks may seem like the best way to limit liability and protect guests, a blanket disqualification may be viewed as an indirect form of race discrimination, say Bethanie Barnes and John Mavros of Fisher & Phillips LLP.