The National Labor Relations Board's endorsement of a bargaining unit composed of Macy's Inc. cosmetics and fragrance workers demonstrated the labor board's willingness to apply its controversial Specialty Healthcare ruling in the retail sector and left management-side lawyers wondering if challenges to so-called micro-units are winnable before the current board.
A California federal judge on Wednesday sentenced two accomplices of disgraced Korn/Ferry International recruiter David Nosal to one year of probation each, finding that their cooperation helped the firm secure Nosal's conviction for hacking, stealing trade secrets and conspiring to use proprietary information.
The Obama administration won cautious praise on Wednesday from its legal adversaries in litigation over the Affordable Care Act’s birth control mandate after disclosing that it will alter an opt-out process that religious nonprofits say makes them complicit in immoral activities.
A California judge on Wednesday refused to reconsider his decision granting class certification to more than 300 medical dispatchers who allege American Medical Response Inc. and its Southern California branch shorted their wages, saying the plaintiffs' lack of a specific trial plan isn't enough to invalidate certification.
A California federal judge on Tuesday preliminarily approved a $1.4 million settlement between Delta Air Lines Inc. and a class of cargo employees who have accused the company of failing to provide them with overtime and meal breaks in violation of California labor law.
A gay couple in Florida who last week secured a trial court decision overturning a state ban on same-sex marriages were denied their appeal Wednesday of the judge's decision to stay the ruling while the state appeals.
Several migrant farmworker organizations lost their challenge to the U.S. Department of Labor's implementation of a wage policy that allows employers to use private surveys, rather than publicly available data, to set wage levels, with a Pennsylvania federal judge ruling Wednesday that their claims were not ripe for a decision.
A former NYG Capital LLC intern is seeking $850 million in damages in a suit filed in New York district court Monday that accuses the company's CEO of repeated sexual harassment, forced sexual relations, stalking and unlawful termination, among other things.
A Delaware bankruptcy judge on Wednesday rejected a request to stay Ormet Corp.’s court-approved $25 million deal for a shuttered aluminum plant so a union trust could appeal the sale order, saying the debtor faced “enormous” harm if the deal didn’t close.
A Wisconsin federal judge on Tuesday unsealed a whistleblower suit brought under the False Claims Act alleging Select Medical Holdings Corp. performed medically unnecessary treatments at a long-term acute care hospital to fraudulently maximize reimbursements from the Centers for Medicare and Medicaid Services.
Shoe retailer Nine West Holdings Inc. was slapped Wednesday with a putative class action in Florida federal court that alleges the company conducts background checks on job applicants without proper disclosures, violating the Fair Credit Reporting Act.
A New Jersey law firm has launched a defamation and invasion of privacy suit against a former associate who it claims misrepresented his departure from the firm and falsely stated that his one-time employer had landed itself in hot water over client funds.
Former Oakland Athletics pitcher Yadel Marti and a group of fellow former Major League Baseball players filed a labor and antitrust class action in California federal court, alleging the organization failed to pay minor league players for the long hours they were at work and in training.
Virginia-based information technology giant CACI International Inc. has been awarded a three-year “prime contract” worth up to $22 million to continue providing personnel and other services for the Bureau of Naval Personnel, which serves as the human resources department of the Navy Personnel Command, CACI announced Wednesday.
A Pennsylvania federal judge has denied requests by Philadelphia ironworkers' union leader Joseph Dougherty and four others to dismiss charges implicating them in creating “goon squads” that set fires, assaulted workers and sabotaged property to strong-arm contractors into hiring union labor.
Gov. Andrew Cuomo on Tuesday signed legislation that gives New York state interns workplace protections, like those enjoyed by regular workers, from sexual harassment and discrimination, expanding across the state a similar move made in spring by New York City leaders.
An increased willingness among attorneys to take on wage-and-hour cases and ambiguity in applying the Fair Labor Standards Act have driven a substantial rise in wage lawsuits over the past decade, a U.S. Government Accountability Office official told Congress on Wednesday.
Pennsylvania State University has been hit with a $1 million lawsuit by former assistant football coaches William Kenney and Jay Paterno, son of the late longtime coach Joe Paterno, who claim that their personal and professional reputations have been irreparably harmed after the school fired them.
The National Labor Relations Board ruled Tuesday that a group of cosmetics and fragrance sales workers at a Macy's Inc. store in Massachusetts can organize, despite the retailer's argument that the group was too narrow and a dissent that panned the NLRB's controversial Specialty Healthcare ruling.
Laid-off Macon County Greyhound Park Inc. employees on Tuesday won $2.7 million in a class action against the entertainment complex operator over claims they were terminated without sufficient notice in violation of the federal Worker Adjustment and Retraining Notification Act.
Analytics offer opportunities for refining both discovery strategy and overall litigation strategy by providing information to support better informed decisions. As an added bonus, they can result in significant cost savings, say Nathalie Hofman and Carolyn Southerland of Huron Consulting Group Inc.
Any attorney sending or storing confidential client information or privileged communications via the cloud may be knowingly exposing those communications to scrutiny by the U.S. government via programs such as the National Security Agency’s PRISM — and arguably, even waiving any claim of privilege as a result, say attorney Thomas Mullaney and Vaultive CEO Elad Yoran.
The trend of indexing minimum wage increases to the Consumer Price Index will have significant, long-term implications for states and municipalities, telling us two things: minimum wage rates will likely continue to rise annually and will bring with them an increase in potential wage liability exposure for employers, say James McNeill and Peter Stockburger of McKenna Long & Aldridge LLP.
It only took the threat of a 10 cent cost increase to make people bring their own bags to Bay Area grocery stores. What if we gave partners an extra $10,000 for increasing diversity in their firms? asks Orrick Herrington & Sutcliffe LLP partner Patricia Gillette.
Any practitioner considering predictive coding should fully consider Magistrate Judge Peggy Leen’s reasoning in Progressive Casualty Insurance v. Delaney and the potential pitfalls associated with failure to consistently cooperate, say Emily Cobb and Annamaria Enenajor of Ropes & Gray LLP.
The obvious and inherent risk in using a vague “wrong fit” explanation when terminating an employee is that any judge can construe this reason as having multiple interpretations, making it a ripe disputed issue for a fact finder at trial, says Joanne Buser of Paul Plevin Sullivan & Connaughton LLP.
If there is anything that would convince big law firms to ditch the advance conflict waiver, it is the financial bottom line. And I can assure you firms are losing new client opportunities because of these waivers, says Eric Lane of Green Patent Law.
Once signed by New York Gov. Andrew Cuomo, a revitalization of the Wage Theft Prevention Act presents a mixed bag for employers. While elimination of the annual wage notice requirement helps employers, a majority of the bill's remaining provisions are employee-friendly, say Cindy Minniti and Mark Goldstein of Reed Smith LLP.
The Illinois legislature recently passed HB 8, the latest in a flurry of state and local legislation requiring employers to provide accommodations for pregnant employees and paid family leave. Employers, adjust your summer to-do lists, say attorneys at Baker & McKenzie LLP.
Labor unions are targeting franchisees and the restaurant industry as a whole, and they are not alone. Large corporate entities could see a domino effect in which the actions of a small group of employees open the doors to unionization among millions of workers under the corporate umbrella, says Matthew Austin of Roetzel & Andress LPA.