The Fourth Circuit on Thursday partially revived a lawsuit accusing a North Carolina volunteer fire department of mistreating its first female lieutenant because of her gender and then firing her for complaining about the treatment, saying that the true cause of her termination was not clear.
Legal experts are again raising questions about the role of money in state judicial elections after campaign contributions helped push multiple members of the Pennsylvania Supreme Court to recuse themselves from deciding an appeal set to be argued Monday involving a politically influential Philadelphia union boss.
Renzenberger Inc. drivers urged the Ninth Circuit on Thursday to reverse a trial court's refusal to certify a class of potentially 1,100 drivers on claims they were denied rest breaks, arguing the trial court put the cart before the horse in finding Renzenberger's break policy was legal.
North Carolina’s House leader said Thursday that state legislators won’t take action to repeal its controversial law restricting bathroom access for transgender state employees by the U.S. Department of Justice’s looming deadline, his spokesman confirmed.
The National Labor Relations Board on Wednesday ordered CVS Pharmacy Inc. to alter its workplace dispute resolution program requiring employees to give up the right to bring collective and class actions, agreeing with an earlier ruling that called it an unfair labor practice.
The Third Circuit on Thursday denied a Muslim woman's bid to revive her retaliation suit against a Philadelphia casino and her former employer on religion, national origin and medical leave grounds, saying she couldn't establish her firing was caused by her complaints.
Hernia mesh maker Tela Bio Inc. urged a New Jersey federal court Thursday to find that Federal Insurance Co. must defend it in a trade secrets lawsuit brought by an Acelity LP unit, saying that the Federal policy's libel and slander coverage was triggered even though the unit didn't explicitly allege defamation.
U.S. Labor Secretary Thomas Perez joined with business leaders on Thursday to tout company programs that offer workers paid family and medical leave, adding that the U.S. Department of Labor will have regulations in place by year’s end requiring all federal contractors to have leave policies in place.
A belated bid by former anti-theft detectives to expand their proposed class action against CVS Pharmacy Inc. claiming they were told to target black and Hispanic customers received a chilly reception from a New York federal judge on Thursday, and their assertion that they would simply launch another suit if denied drew a direct rebuke.
Uber Technologies Inc. will have to face the bulk of a suit brought by two women who say the ride-hailing service is responsible for two sexual assaults by drivers after a California federal judge ruled Wednesday the women plausibly claimed Uber was the drivers’ employer.
A California judge on Thursday ordered yoga guru Bikram Choudhury to show up for a deposition over claims he raped a former teacher trainee, angrily telling his counsel that he can’t testify by video link just because he’s in India training yoga instructors.
A Texas appellate court on Thursday ruled that a psychologist can proceed with his lawsuit against the state agency that fired him on grounds that it did not make reasonable accommodations for him after he started prostate cancer treatment, but the court rejected his claims of race and disability discrimination.
Cornerstone Home Lending Inc. told a Texas federal judge Thursday to toss a proposed overtime collective action after opposing counsel stopped communicating with the lender's attorneys, causing counsel to fly to Arizona for depositions the former employees skipped, only to file a certification motion referencing the lack of discovery.
An Illinois federal court Thursday issued a former Citadel LLC analyst a reduced sentence of six more months in prison for stealing trade secrets, over the defense's request that he be released on time served after the Seventh Circuit had found his original, three-year sentence excessive.
A False Claims Act case brought against Wells Fargo & Co. by whistleblowers who say the bank defrauded the Federal Reserve by lying about following banking law so they could borrow money at lower interest rates stayed dead Thursday when the Second Circuit affirmed its dismissal by a lower court.
Uber agreed Wednesday to loosen confidentiality restrictions on the total estimated value of claims brought by drivers in two closely watched class actions the company recently settled for as much as $100 million, saying making the information available could help class members evaluate the deals.
A National Labor Relations Board judge reversed a previous decision in favor of a Caesars Entertainment Corp. casino, ruling Tuesday that its email communications policy illegally restricted workers’ right to engage in protected union activity.
The federal government on Thursday pushed for a D.C. federal judge to toss long-running class allegations of racial bias in the U.S. Secret Service, maintaining that the class could not prove that the promotions process as a whole resulted in fewer African-Americans being promoted.
Retired Booz Allen Hamilton officers asked the Second Circuit on Wednesday to revive their suit alleging the defense contractor significantly undervalued their stock options, saying a New York federal judge wrongly denied their requests to amend their complaint with newly-discovered evidence of fraud.
A group of truck drivers claiming the UAW failed to properly represent them in contract negotiations with GM urged a Michigan federal court on Tuesday to reject an attempt to ax nearly a dozen additional drivers from the action, saying the union is merely trying to subvert an earlier ruling.
Following the U.S. Supreme Court's recent ruling in Heffernan v. City of Paterson, it is now clear that the definition of protected speech for employees has been expanded. The decision squarely shifts the onus to employers to prove their policies and procedures are not intended to chill protected discourse, says Zachary Cantor, a principal at Cantor Law.
This week, the Ninth Circuit issued a crushing blow to a plaintiff who sought to use the California Labor Code to extract millions of dollars in penalties from his former employer, Time Warner, based entirely on the theory that over a 13-month period he was “underpaid” $15.02 and is owed compensation for precisely one minute. The decision restores some sanity to wage-and-hour jurisprudence, says Adam Rosenthal of Sheppard Mullin Ri... (continued)
Perhaps what the recent $100 million Uber settlement shows us, more than anything, is the weakness of regulating labor standards through the method of private attorneys bringing class actions. But more important than these legal maneuvers is the issue of work changing in response to technological restructuring, says Miriam Cherry, a professor at Saint Louis University School of Law.
In the wake of U.S. Supreme Court Justice Antonin Scalia’s death the pendulum may already be swinging back in favor of class actions. In fact, the post-Scalia court now sits divided evenly on business litigation issues, or perhaps even favoring consumers for the first time in a long time, say Brian Kabateck and Natalie Pang at Kabateck Brown Kellner LLP.
What happens when, following a criminal incident, an employer's attempt to beef up on-premise workplace security fails to prevent another occurrence? As one recent Missouri case demonstrates, such measures can ultimately put an organization at greater risk and employers can find themselves on the receiving end of a lawsuit they never saw coming, says Melody Rayl at Fisher & Phillips LLP.
Unfortunately, many sharing economy companies have tried to have it both ways — benefiting from the cost savings of calling workers independent contractors while at the same time treating them as employees in most other respects. Guidance from the U.S. Department of Labor suggests that many of these companies have misclassified their workers as independent contractors, say Rachel Bien and Cara Chomski of Outten & Golden LLP.
For employers that are caught between complying with export control laws and anti-discrimination laws, the U.S. Department of Justice recently issued guidance to help companies navigate these seemingly contradictory requirements. But, while helpful in some areas, the guidance may add to the confusion in other areas, say John Burke and Sabrina Shadi at BakerHostetler LLP.
“The operation of taxicabs is a local business,” declared the U.S. Supreme Court more than 60 years ago. Hence, standards for on-demand transportation exist at the local or state level to adapt to local needs and the regulatory and political climate of the locality. The onset of ride-sharing has significantly altered this dynamic, says Peter Mazer, general counsel of the Metropolitan Taxicab Board of Trade in New York.
A short-lived class action seeking allegedly unpaid royalties for content that World Wrestling Entertainment sold or licensed to both Netflix and to WWE Network is a free lesson in the challenges that both new and traditional over-the-top licensors may face, and how profit participant plaintiffs might seek to pursue networks and broadcasters for streaming royalties going forward, says Nathaniel Bach of Gibson Dunn & Crutcher LLP.
The decisions in Duran v. U.S. Bank and Tyson Foods v. Bouaphakeo seem like mirror images. One approved the use of statistical sampling to establish an employer’s liability, the other rejected the same method in a similar case. But on closer inspection, the U.S. Supreme Court’s reasoning in Tyson is more similar to the California Supreme Court’s in Duran than the outcomes would suggest, say attorneys at Crowell & Moring LLP.