A New Jersey appellate panel on Wednesday sided with the city of Paterson in the city's dispute with police unions over how employee health contributions are calculated, ruling the state Legislature intended for an employee’s total pensionable salary to be used to calculate the contribution.
A class of 300 delivery drivers sued Jimmy John's Gourmet Sandwich franchise operator Bushwood Investments LLC in Kansas federal court Wednesday, alleging the company's failure to compensate them for work expenses in violation of the Fair Labor Standards Act and the Kansas Wage Payment Act.
A California federal judge denied class certification Wednesday to Jenny Craig Inc. employees the company allegedly failed to pay for all time worked, ruling that would-be class members had varied experiences and that common questions wouldn't predominate over individualized inquiries.
Pennsylvania Gov. Tom Corbett asked a federal court Monday to dismiss a lawsuit challenging the state’s refusal to recognize same-sex marriages that were legally performed in other states, saying the suit is barred by sovereign immunity and fails to state a claim.
All 45 Senate Republicans have recently urged the U.S. Supreme Court to affirm the D.C. Circuit's blockbuster Noel Canning ruling that three recess appointments to the National Labor Relations Board were invalid, arguing that President Obama had claimed “unilateral appointment authority” that the Constitution's framers intentionally withheld.
The U.S. Department of Labor on Wednesday pushed back its target date for issuing a final rule narrowing the advice exemption to the Labor-Management Reporting and Disclosure Act — which could saddle law firms with significant new reporting requirements — to March 2014.
Employees of chicken wing chain Planet Wings Inc. recently launched a putative class action in New York federal court, alleging the restaurant failed to pay overtime and spread-of-hours wages.
The 10th Circuit ruled Tuesday that a Kansas hospital did not engage in unlawful retaliation when it fired an employee who had complained of sexual harassment, in part because she repeatedly, falsely denied having authored Facebook posts that accused her supervisor of misconduct.
Hospitality software firm Micros Systems Inc. was hit Wednesday with a proposed class action in Tennessee federal court, in which the company is accused of violating the Fair Labor Standards Act, the California Labor Code and California Unfair Competition Law by not paying workers required overtime wages.
The Obama administration on Wednesday delayed online enrollment by one year for small businesses using the Affordable Care Act's federal marketplace, a casualty of prioritizing repairs to the website's functions for individuals.
Consumer reporting agency General Information Services Inc. sued a pair of Chubb Group insurers in Pennsylvania on Monday over their refusal to cover the settlement of a long-running class action accusing it of illegally divulging arrest record information to a potential employer.
The business development techniques necessary to sell to women are different than those needed to sell to men. With more women in senior leadership roles in legal departments, firms need to make it an aspect of their business development coaching for partners, says Grace Speights, managing partner of Morgan Lewis & Bockius LLP's Washington, D.C., office and leader of the firm's employment practice.
New York University announced Tuesday that it has reversed course and will allow an election to let graduate students decide whether they want the United Auto Workers to represent them, and the union has in turn agreed to drop National Labor Relations Board proceedings.
A California state court jury on Monday awarded a $1.1 million verdict to a black firefighter who alleged the city of Los Angeles had discriminated against him based on his race.
A slot machine company filed a $5 million suit Tuesday against a competitor formed by the company’s former in-house counsel, alleging he poached employees and appropriated trade secrets in violation of a nondisclosure agreement he signed upon his exit.
Pennsylvania officials defending the state’s gay marriage ban from a lawsuit challenging its constitutionality asked a federal court Monday to let them appeal the pending suit to the Third Circuit, saying the claims don’t fall under federal jurisdiction.
A group of former Conde Nast Publications interns asked a New York federal court Tuesday to conditionally certify a class of interns who say they were not paid minimum wage for all hours worked, noting the court only needs to preliminarily determine that others may be similarly situated.
The Second Circuit accepted two appeals Thursday that could shed light on the standard for determining if unpaid interns qualify as “employees” under wage-and-hour laws, agreeing to hear challenges to class certification decisions from Fox Entertainment Group Inc. and former interns who sued Hearst Corp for wages.
The fate of the Affordable Care Act’s contraception mandate now rests with the U.S. Supreme Court, but access to birth control could end up a mere subplot if the justices hand down a sweeping decision recognizing corporate religious rights, something that could weaken federal laws and build on the landmark Citizens United decision, experts say.
Latham & Watkins LLP has reached an agreement to resolve remaining claims in a former secretary's pregnancy bias suit against the firm and will not file a response to the plaintiff’s amended complaint, according to court documents filed in Washington, D.C., federal court on Monday.
The Florida Senate is considering joining a multitude of states that have banned employers from requesting or requiring access to current or prospective employees’ social media accounts. Indeed, using social media sites to vet a candidate generally provides employers with access to personal information that can expose the employer to a potential lawsuit, says Lillian Chaves Moon of Jackson Lewis LLP.
Relying on advances in technology that increase efficiency allowed firms during the past few years to reduce the ratio of lawyers to legal assistants from as low as 1-1 to as much as a 4-1. Now is not the time to stress about negative publicity that often results from staff layoffs. Your attention to your bottom line easily translates into an appropriate concern for your clients’ bottom lines, says Allan Colman of The Closers Group.
As the Equal Employment Opportunity Commission continues to resort to administrative subpoenas and actions to enforce those administrative subpoenas, especially in its systemic discrimination matters, the recent opinion in EEOC v. HomeNurse Inc. could prove to be useful to employers caught in the EEOC’s crosshairs, say attorneys with Greenberg Traurig LLP.
When is it safe to rely on the research of a junior associate? You may have seen this coming, but it is almost never entirely safe. The law is simply too riddled with dangerous twists and turns that are hard to spot. And these are not traps that can be avoided with common sense. Indeed, attorneys who follow what is normally considered the sensible path of trusting in their judgment of what is reasonable are apt to be betrayed by the law, says Andrew Jarzyna of Ulmer & Berne LLP.
Most employers are aware of the prohibitions against pregnancy discrimination under Title VII and the Pregnancy Discrimination Act and the leave rights of new mothers, but they may not be as familiar with the often overlapping legal issues that may arise before, during and after pregnancy, says Alia Wynne of Fisher & Phillips LLP.
At oral argument in Sandifer v. United States Steel Corp., the U.S. Supreme Court wrestled with different definitions of “changing clothes” under the Fair Labor Standards Act offered by the petitioner-employees and respondent-employer, as well as a new middle ground alternative offered by the government that would incorporate certain protective equipment items if they were “ancillary” to donning and doffing items, say Tammy McCutchen and William Allen of Littler Mendelson PC.
Many employers think that the Office of Federal Contract Compliance Programs has no interest in them because they are not federal contractors. If only it were that easy. Work that triggers OFCCP compliance obligations could include providing guest rooms, hosting an event or providing catering for a federal government group, say Nancy Cooper and Lucy Bisognano of Garvey Schubert Barer.
Companies should be aware of the recent modifications to the Investment Advisers Act, which clarify the applicability of U.S. Securities and Exchange Commission regulations to certain “investment advisers” outside the U.S. Given the size and importance of the U.S. securities markets, this act and whistleblower program may apply all over the world, says R. Scott Oswald of The Employment Law Group PC.
As evidenced by the U.S. District Court for the Southern District of New York's recent decision in Janus et Cie v. Kahnke, the law must balance between protecting against claims of trade secret misappropriation and permitting employers to harass former employees by litigating unsupported claims without alleging any wrongdoing, say R. Mark Keenan and Dennis Artese of Anderson Kill PC.
The question of how hoteliers can protect themselves from financially crippling discrimination lawsuits takes on great importance in light of recent high-profile cases, such as the Millennium Broadway Hotel incident in New York and the Fontainebleau Miami Beach Hotel incident in Miami, say Richard Barrett-Cuetara of Shannon Gracey Ratliff & Miller and Peter Campbell Sode of Rutgers University.