Helping Citigroup Inc. secure a Second Circuit win that allowed the bank to enforce an individual arbitration policy in an overtime dispute is just one of the recent successes that landed Morgan Lewis & Bockius LLP's Samuel Shaulson among Law360's Employment MVPs.
The Ninth Circuit on Thursday upheld the award of nearly $700,000 in attorneys’ fees to a former United Parcel Service Inc. employee in her discrimination case against the company, ruling California law allowed for the disparity between the fee award and her $27,000 damages award.
A National Labor Relations Board administrative law judge found Wednesday that a California-based realty company’s mandatory employment documents for new and existing employees, which included an arbitration agreement containing a class waiver, violated federal labor law under D.R. Horton.
Snack food giant Frito-Lay Inc. on Wednesday took shots at the U.S. Department of Labor’s administrative trial system for government contractors, telling a Texas federal judge the agency never had authority to request its employment data as part of a gender discrimination investigation.
The White House on Wednesday raised the cap on what the government will pay toward contractor salaries to nearly $1 million, based on a statutory formula that tracks the top salaries of private sector executives, a move that drew criticism from both contractors and federal employees.
The parent company of Philadelphia's two major daily newspapers told a state judge Monday that the city's former housing director could not prove he'd been libeled by a series of articles revealing allegations that he'd used public funds to settle sexual harassment suits brought by his subordinates.
Philadelphia-based Kleinbard Bell & Brecker LLP has added an Ogletree Deakins attorney with experience in commercial, intellectual property and employment litigation to bolster its employment group, the firm announced Tuesday.
A Texas city urged the state’s highest court Wednesday to reject a lawsuit brought by a man who claims he suffered nerve damage to his wrists by an officer when he was handcuffed during an arrest, saying the case could open the state to an avalanche of litigation.
Seyfarth Shaw LLP's Camille Olson set herself apart in the past year with a pair of key wins for her client DHL Express (USA) Inc. in a U.S. Equal Employment Opportunity Commission discrimination case and a former executive's breach of contract suit, earning her a spot on Law360's list of Employment MVPs.
The U.S. Court of Federal Claims on Wednesday rebuffed the government's attempt to get a putative wage-and-hour class action against the Department of Homeland Security transferred to a federal district court, saying that it had jurisdiction over the workers' Fair Labor Standards Act claims.
The New Jersey federal judge overseeing multidistrict overtime litigation against Morgan Stanley Smith Barney LLC tossed all but one of the claims that the company took illegal deductions from financial advisers' wages, ruling Wednesday that the claims weren't adequately alleged.
Five former Kansas City Chiefs players claimed in a lawsuit Tuesday that the team had failed to warn them about the health risks posed by concussions — the first time NFL retirees have targeted a team, rather than the league, over head injuries.
Plaintiffs challenging Pennsylvania’s ban on same-sex marriage said Monday that a bid by Gov. Tom Corbett’s administration for an interlocutory appeal to the Third Circuit to determine whether claims in the lawsuit fell under federal jurisdiction would create needlessly delay.
A day after one faction of the Philadelphia Inquirer’s divided ownership group asked the Pennsylvania Superior Court not to rush an appeal of a November decision reinstating the paper’s editor in chief, the majority group took the exact opposite position.
A California federal magistrate on Monday refused to certify a class of more than 50,000 CVS Caremark Corp. workers in a lawsuit accusing the pharmacy chain of violating state law by failing to pay employees for time spent making deliveries between stores.
The family of a University of Pennsylvania neuroscientist who died of brain cancer launched a lawsuit in Pennsylvania state court on Tuesday, alleging that the university and his supervisor failed to take measures to protect him from radiation used during his research.
The U.S. Equal Employment Opportunity Commission asked the full 10th Circuit to reconsider a panel ruling that Abercrombie & Fitch Stores Inc.'s refusal to hire a Muslim woman because of her headscarf didn't amount to religious discrimination.
House Republicans during a Wednesday hearing criticized the Office of Federal Contractor Compliance Programs' efforts to regulate affirmative action in hospitals and promote the hiring of disabled workers, using the discussion as an opportunity to advocate new legislation that would exempt many hospitals from the OFCCP's jurisdiction.
The Sixth Circuit on Tuesday rebuffed an industry plea to prevent the U.S. Mine Safety and Health Administration from enforcing its revised rule cracking down on safety issues in the nation's most dangerous mines, saying mine operators haven't shown they'll be irreparably harmed by the rule.
Adams and Reese LLP has bolstered its special business services practice group with the addition of a former Foley & Lardner LLP equity partner with extensive experience in labor and employment law to its Tallahassee and Tampa offices, the firm said Wednesday.
California joined the growing list of states with expanded protections for individuals with prior criminal records when Gov. Jerry Brown approved a bill amending the California Labor Code. Now is an excellent time for local employers, and multistate employers that use a nationwide job application form, to assess thoroughly whether their application form, including questions about prior criminal records, complies with state and local laws, say attorneys with Littler Mendelson PC.
Given the state of the economy and the high unemployment rate, employers are likely to be presented with a better crop of candidates looking for seasonal work than ever before. Some employers may, in fact, decide to use seasonal hiring to improve their permanent workforce by replacing existing lackluster performers with superior seasonal talent. This move is not, however, without legal risk, says Janet Hendrick of Fisher & Phillips LLP.
For Black Friday, it’s not just about getting shoppers to the stores, but also maintaining a safe environment when they get there. While the crowd-management guidance recently issued by the Occupational Safety and Health Administration is not a regulation — yet — retailers would be remiss if they just assume these are only unenforceable suggestions from OSHA, say Marjorie Fochtman and Jeffrey Tanenbaum of Nixon Peabody LLP.
Hedden v. Kean University provides corporate counsel with some solace that an organization’s privilege in its communications with inside or outside counsel cannot be waived by employees not charged with management. However, an organization is well advised to establish guidelines as to how and under what circumstances employees interact directly with counsel, say Donald Taylor and James Tonrey Jr. of Wilentz Goldman & Spitzer.
In a recent decision, the U.S. District Court for the Northern District of Georgia held that whistleblowers claiming retaliation under Dodd-Frank are not entitled to a jury trial. The decision provides the first authoritative answer to one of several statutory issues still working their way through the courts, say attorneys at King & Spalding LLP.
As the Thanksgiving holiday approaches, employers are likely giving thanks for the growing trend among federal courts to reign in what many perceive to be overly aggressive litigation tactics employed by the Equal Employment Opportunity Commission. There have been a surprising number of cases over the past year in which the EEOC has been dressed down, says Chuck Knapp at Faegre Baker Daniels LLP.
A fierce debate has now emerged over whether the phrase "exceeds authorized access" in the Computer Fraud and Abuse Act applies to violations of internal computer use policies. With circuits lining up on both sides of the argument, it appears that this issue may be ripe for a decision by the U.S. Supreme Court, say Brandon Krajewski and Steven Berryman of Quarles & Brady LLP.
With the onslaught of wage-and-hour litigation in recent years, employers are sometimes bullied into settlements. But Moore v. Citgo Refining & Chemicals Co. shows that defendants can succeed by holding the plaintiffs' feet to the fire and forcing them to participate in discovery, say John Collins and Rachel Hoffer of Seyfarth Shaw LLP.
Although they have not been as widely reported as the bills permitting undocumented immigrants to apply for drivers' licenses, in-state tuition and membership in the California state bar, a bundle of new California laws taking effect Jan. 1, 2014, provides undocumented immigrants significant new protections in the employment context, says Melinda Pilling at Rukin Hyland Doria & Tindall LLP.
Organizations that handle personal information have an overwhelming need to screen out untrustworthy job applicants. However, a legislative trend aimed at reintegrating millions of ex-offenders into the workforce has picked up so much steam that this practice is now illegal in some jurisdictions, forcing employers to rethink whether they should ask the question at all, says Philip Gordon of Littler Mendelson PC.