Employment

  • September 12, 2024

    DOL Has Authority To Issue Salary Regs, 5th Circ. Affirms

    The U.S. Department of Labor has the authority to issue salary rules as part of its role in defining the overtime exemptions of the Fair Labor Standards Act, the Fifth Circuit affirmed, in a case that raised questions about the DOL's power to regulate a fundamental aspect of wage and hour law.

  • September 12, 2024

    9th Circ. Sends Salary Basis Case Back To Lower Court

    San Francisco city nurses claiming they were not paid a true salary and are therefore entitled to overtime pay will have their day in court after the Ninth Circuit reversed a lower court's summary judgment and remanded the case for further proceedings.

  • September 12, 2024

    King & Spalding Adds Former Kirkland Partner In Atlanta

    King & Spalding LLP said Thursday the firm had bolstered its ranks in Atlanta by bringing on a lawyer from Kirkland & Ellis LLP who specializes in the executive compensation and employee benefits aspects of corporate transactions.

  • September 12, 2024

    Ex-Bojangles Workers Get OT Collective Cert, But Just In NC

    A North Carolina federal judge has ruled that former assistant Bojangles managers claiming they were wrongfully denied overtime pay have shown they are similarly situated, but that they haven't justified certification of a Fair Labor Standards Act collective action with a geographic scope beyond the Tar Heel State.

  • September 12, 2024

    White Cop Passed Over For Chief's Job Sees Bias Suit Tossed

    A New Jersey federal judge threw out a lawsuit from a white police officer who said he faced race discrimination when he was passed over for a chief's job in favor of a colleague who is Palestinian and Muslim, saying his allegations weren't adequate to sustain his bias claim.

  • September 12, 2024

    Disneyland Performers Can Join Colleagues In Existing Union

    Certain Disneyland performers can have the opportunity to vote to join an existing bargaining unit, the National Labor Relations Board ruled, overturning an NLRB judge's decision that they didn't share enough in common with existing members of the union to be part of their unit.

  • September 12, 2024

    Medline Can't Force Arbitration In Transportation Wage Suit

    Medical supply giant Medline can't compel a warehouse employee to arbitrate her wage-and-hour claims, the Ninth Circuit ruled, upholding a lower court's decision that she's exempted under the interstate-commerce exemption of the Federal Arbitration Act because she loads goods that cross state lines.

  • September 12, 2024

    Wilson Sonsini Hires Tax Pro From Slaughter and May

    Wilson Sonsini Goodrich & Rosati PC has recruited a tax specialist from Slaughter and May to its office in London to boost its strengths representing U.K. and European technology and life sciences companies that are expanding in the U.S. and globally.

  • September 12, 2024

    Employment Firm GQ Littler Hires Pro From Baker McKenzie

    GQ Littler has hired a long-serving employment lawyer at Baker McKenzie to its office in London to represent U.K. and international clients, particularly in the financial services, technology and media sectors.

  • September 12, 2024

    Ex-Mass. State Sen. Tran Convicted Of Pandemic Aid Fraud

    Former Massachusetts State Sen. Dean Tran was convicted Wednesday of fraudulently collecting pandemic unemployment benefits after he was voted out of office and of cheating on his taxes.

  • September 12, 2024

    Ex-CBA Chief Jo Sidhu KC Accused Of Sexual Harrassment

    A former chair of the Criminal Bar Association is reportedly facing allegations of sexual harassment before a professional tribunal.

  • September 12, 2024

    BNP Paribas Attempts To Prune London Banker's Claim

    BNP Paribas attempted to trim a manager's claim at a London employment tribunal on Thursday, arguing that the employee had taken a "kitchen sink approach" by adding excessive legal claims onto some of her allegations.

  • September 12, 2024

    Slater & Gordon Beats Former Analyst's Redundancy Appeal

    Slater & Gordon has defeated a cost analyst's appeal against the firm's decision to make him redundant, persuading a London judge on Thursday that a lower tribunal did not botch its investigation into the factors leading to his dismissal.

  • September 12, 2024

    UK Gov't Warned Over Pension Tax Changes In Budget

    A trade body for actuaries said on Thursday that the government should consult widely and take time to implement any reform to pension taxation as it joins a growing number of organizations urging caution over potential tax changes ahead of the upcoming Budget.

  • September 12, 2024

    Tesco Ruling Puts Employers On Notice: Keep Your Promises

    A rare injunction issued by the U.K. Supreme Court on Thursday is a warning to employers to stick to what they promised in a contract — but lawyers say it does not prevent bosses from firing staff and rehiring them on worse terms.

  • September 12, 2024

    Lloyd's To Overhaul Rules In Crackdown On Misconduct

    Lloyd's of London on Thursday floated new rules to tackle non-financial misconduct after the specialist insurance market suffered reputational damage from accusations of misogyny and bullying.

  • September 12, 2024

    EEOC Slaps 2 Companies With ADA Suits Over Firings

    A plastic packaging company unlawfully fired a worker who took time off to deal with depression, and a healthcare facilities support provider broke the law by terminating a blind worker, the U.S. Equal Employment Opportunity Commission said in a pair of new suits.

  • September 12, 2024

    Barrister Cleared Of Misconduct Over Touching Paralegal

    A One Essex Court barrister accused of touching a paralegal's thigh during a dinner has been cleared of misconduct, as a tribunal found on Thursday that he genuinely believed he was reciprocating her flirtation.

  • September 12, 2024

    Weinstein Hit With New Charges In NY Ahead Of Retrial

    Harvey Weinstein was charged in a new indictment Thursday as Manhattan prosecutors prepare to retry the disgraced Hollywood mogul after his previous sex-crimes conviction was overturned.

  • September 12, 2024

    Labour MP Abrahams Named New Pensions Committee Chair

    The parliamentary Work and Pensions Committee could investigate whether to pay billions of pounds in compensation to women affected by government state pension failings after Labour MP Debbie Abrahams was named its new chair.

  • September 12, 2024

    Tesco Cannot Rehire Workers To Cut Pay, Top UK Court Rules

    Retail giant Tesco's decision to fire and rehire warehouse workers to remove what it described as a "permanent" pay supplement was a violation of their employment contracts, the U.K. Supreme Court ruled Thursday.

  • September 11, 2024

    Litigation Spending To Rise As Cases Grow More Aggressive

    A substantial number of large companies are expecting to increase their litigation spending by double digits next year in the face of more complex and hard-fought cases — and they are more open to bringing in new legal talent to navigate the matters, according to a report released Thursday. 

  • September 11, 2024

    The Firms That Handle The Most Trade Secrets Work

    Gordon Rees remains the most active law firm representing plaintiffs in trade secrets disputes, according to a new report by Lex Machina analyzing a three-year period from 2021 to 2023, while Littler Mendelson continues to lead the pack on the defendants' side during that same timeframe.

  • September 11, 2024

    FTC Fights Pa. Noncompete Ban Challenger's Pause Bid

    The Federal Trade Commission on Wednesday urged a Pennsylvania federal judge to reject a tree service company's bid to pause its challenge of the agency's noncompete ban, arguing that another district court's decision to set the ban aside nationwide doesn't justify a stay because the agency is mulling an appeal.

  • September 11, 2024

    Gov't Spent $236B In Fraud And Improper Payments In 2023

    Federal agencies made $236 billion in improper payments in fiscal 2023, a drop of about $11 billion from the prior year, according to a report released Tuesday by the U.S. Government Accountability Office.

Expert Analysis

  • What's Next After NLRB Ruling On Overbroad Noncompetes

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    If the National Labor Relations Board's recent ruling on noncompete provisions and its extension of Section 7 rights to limit noncompetes is adopted, this interpretation of the National Labor Relations Act will have to survive scrutiny by the courts without the deference previously afforded under the U.S. Supreme Court's recent overturning of Chevron, say attorneys at Littler.

  • Think Like A Lawyer: Dance The Legal Standard Two-Step

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    From rookie brief writers to Chief Justice John Roberts, lawyers should master the legal standard two-step — framing the governing standard at the outset, and clarifying why they meet that standard — which has benefits for both the drafter and reader, says Luke Andrews at Poole Huffman.

  • Recent Settlement Shows 'China Initiative' Has Life After Death

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    Though the U.S. Department of Justice shuttered its controversial China Initiative two years ago, its recent False Claims Act settlement with the Cleveland Clinic Foundation demonstrates that prosecutors are more than willing to civilly pursue research institutions whose employees were previously targeted, say attorneys at Benesch.

  • How Calif. Ruling Alters Worker Arb. Agreement Enforcement

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    The California Supreme Court’s recent ruling in Ramirez v. Charter Communications should caution employers that while workers’ arbitration agreements will no longer be deemed unenforceable based on their number of unconscionable provisions, they must still be fair and balanced, says Sander van der Heide at CDF Labor.

  • Congress Quietly Amends FEPA: What Cos. Should Do Now

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    Last week, Congress revised the Foreign Extortion Prevention Act — passed last year to criminalize demand-side foreign bribery — to address inconsistencies and better harmonize the law with the Foreign Corrupt Practices Act, and companies should review their compliance programs accordingly, say Mark Mendelsohn and Benjamin Klein at Paul Weiss.

  • How First-Of-Its-Kind NIL Lawsuit Is Shaping College Athletics

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    College quarterback Jaden Rashada's recent fraudulent inducement allegations filed against the University of Florida’s head football coach in Florida federal court provide a glimpse into how universities and collectives are navigating novel name, image and likeness issues, and preview potential future legal challenges these institutions may face, say attorneys at O'Melveny.

  • CFTC Action Highlights Necessity Of Whistleblower Carveouts

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    The U.S. Commodity Futures Trading Commission's novel settlement with a trading firm over allegations of manipulating the market and failing to create contract carveouts for employees to freely communicate with investigators serves as a beacon for further enforcement activity from the CFTC and other regulators, say attorneys at Davis Wright.

  • Series

    Being A Luthier Makes Me A Better Lawyer

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    When I’m not working as an appellate lawyer, I spend my spare time building guitars — a craft known as luthiery — which has helped to enhance the discipline, patience and resilience needed to write better briefs, says Rob Carty at Nichols Brar.

  • Defending Against Aggressive DOL Child Labor Enforcement

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    The U.S. Department of Labor's recent unsuccessful injunction against an Alabama poultry facility highlights both the DOL's continued focus on child labor violations and the guardrails and defenses that employers can raise, say attorneys at Littler.

  • Lead Like 'Ted Lasso' By Embracing Cognitive Diversity

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    The Apple TV+ series “Ted Lasso” aptly illustrates how embracing cognitive diversity can be a winning strategy for teams, providing a useful lesson for law firms, which can benefit significantly from fresh, diverse perspectives and collaborative problem-solving, says Paul Manuele at PR Manuele Consulting.

  • 2 Lessons From Calif. Overtime Wages Ruling

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    A California federal court's recent decision finding that Home Depot did not purposely dodge overtime laws sheds light on what constitutes a good faith dispute, and the extent to which employers have discretion to define employees' workdays, says Michael Luchsinger at Segal McCambridge.

  • Questions Remain After 3rd Circ.'s NCAA Amateurism Ruling

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    The Third Circuit's recent holding that college athletes can be considered employees under the FLSA adds to the trend of student-athletes obtaining new legal status in collegiate athletics, but leaves key questions unanswered, including how the economics of the decision will be applied, say attorneys at Reed Smith.

  • Justices' Starbucks Ruling May Limit NLRB Injunction Wins

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    The U.S. Supreme Court’s recent decision in Starbucks v. McKinney, adopting a more stringent test for National Labor Relations Board Section 10(j) injunctions, may lessen the frequency with which employers must defend against injunctions alongside parallel unfair labor practice charges, say David Pryzbylski and Colleen Schade at Barnes & Thornburg.

  • Class Actions At The Circuit Courts: July Lessons

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    In this month's review of class action appeals, Mitchell Engel at Shook Hardy considers cases touching on pre- and post-conviction detainment conditions, communications with class representatives, when the American Pipe tolling doctrine stops applying to modified classes, and more.

  • Biden Policy Gives Employers New Ways To Help Dreamers

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    A new Biden administration immigration policy makes the process more predictable for Deferred Action for Childhood Arrivals recipients to seek employment visas, and, given uncertainties surrounding DACA’s future, employers should immediately determine which of their employees may be eligible, says Jennifer Kim at Moore & Van Allen.

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