Employment

  • November 17, 2014

    OSHA Tells Retailers To Keep Workers Safe On Black Friday

    The Occupational Safety and Health Administration on Monday urged major U.S. retailers to implement crowd control plans and other safety measures in preparation for an expected surge of Black Friday shoppers.

  • November 17, 2014

    KBR Tells High Court Tipster Is Wrong On Fraud Law Limits

    KBR Inc. has told the U.S. Supreme Court that the federal government and a whistleblower accusing it and a fellow contractor of fraud rely on arguments that rest on readings of the law that would essentially repeal the statute of limitations for claims of civil fraud.

  • November 17, 2014

    Fry's Can't Get Calif. PAGA Claim Sent To Arbitration

    A California appeals court ruled on Friday that the lead plaintiff in a proposed class action against Fry's Electronics Inc. must arbitrate his individual labor claims against the electronics retailer, but said that the employee can continue to pursue a separate Private Attorney General Act claim in court.

  • November 17, 2014

    NLRB Poised For Game-Changing Moves In Year-End Push

    With National Labor Relations Board member Nancy Schiffer's term just a month away from expiring, employers are bracing for a flurry of activity from the labor board on closely watched issues like union election procedures, workers' rights to use their employers' email system for union organizing purposes and joint-employer status. 

  • November 17, 2014

    NCAA Says High Court Precedent Supports Athlete Pay Ban

    The National Collegiate Athletic Association on Friday lodged its opening brief in its Ninth Circuit challenge to a finding that it had violated antitrust law by preventing college athletes from being paid for the use of their names, images and likenesses, arguing that its rules regarding payment are consistent with Supreme Court precedent.

  • November 17, 2014

    UPMC To Appeal NLRB Ruling Reinstating Pro-Union Workers

    The University of Pittsburgh Medical Center said Monday it intended to appeal a National Labor Relations Board decision finding that four employees who’d been involved in efforts to unionize nonclinical support staff at two hospitals had been fired in violation of federal law.

  • November 17, 2014

    Starbucks Dress Code Is Legal But May Impact Worker Morale

    Starbucks Corp. sparked some controversy with a recent update to its dress code that, among other limitations, restricts employees from wearing engagement rings. Attorneys say such policies don't necessarily run afoul of discrimination laws but employers should be mindful of the impact on employee morale and the perception of the company.

  • November 17, 2014

    Lying Attorney Rightly Banned From Mass., 1st Circ. Says

    A Massachusetts federal court was right to ban a California attorney from practicing law in the state after he lied to a judge about passing notes to his client while she was being deposed in a sexual harassment case, according to a First Circuit opinion.

  • November 17, 2014

    Ex-Siemens Patent Atty Accuses Company Of Age Bias

    A former patent attorney with Siemens Corp. has sued the engineering giant in New Jersey state court for alleged discrimination, claiming the company terminated him because of his age and handed his job responsibilities to a younger lawyer.

  • November 17, 2014

    $10.9M Awarded To NY Exotic Dancers In Wage Suit

    A New York federal judge on Friday awarded nearly $11 million to a class of exotic dancers at Rick's Cabaret who alleged club operator Peregrine Enterprises Inc. incorrectly classified them as independent contractors and failed to pay minimum wages.

  • November 17, 2014

    Interstate Hotels Hit With Wage Class Action In Calif.

    A California man hit hotel management company Interstate Hotels & Resorts Inc., which operates Hilton, Sheraton, Crowne Plaza, Marriott and Westin-branded hotels in the state, with a putative class action on Friday alleging a slew of state labor law violations, including failure to pay overtime wages, provide meal breaks and pay minimum wage.

  • November 17, 2014

    Nurses At Texas Hospital Win Conditional Cert. In OT Suit

    A Texas federal judge on Friday granted conditional certification to a class of nurses in a suit alleging a chain of Houston hospitals routinely forced them to work without pay during scheduled meal breaks.

  • November 17, 2014

    Swartz Campbell's Fee Fight With Ex-Atty Sent To Arbitration

    A Pennsylvania state judge on Friday put an end to Swartz Campbell LLC’s lawsuit over legal fees against a former attorney who left to join rival The Chartwell Law Offices LLP, ruling that the matter belongs in arbitration.

  • November 15, 2014

    High Court Likely To Face Follow-On ACA, Standing Cases

    Follow-on cases to the U.S. Supreme Court's Hobby Lobby decision and Lanham Act standing questions after the court’s Lexmark ruling are among the percolating conflicts in lower courts that may rise again to the high court's attention, a panel of experts said Saturday.

  • November 14, 2014

    NLRB Charge Expands Data Breach Duties For Unionized Cos.

    A postal workers union has lodged a charge with the National Labor Relations Board over the U.S. Postal Service's handling of a recent data breach, a novel move that adds union negotiations to the already sprawling list of concerns companies must contend with in their race to mitigate cyberattacks.

  • November 14, 2014

    GE Service Techs Win Conditional Cert In Overtime Row

    A New Jersey federal judge on Friday granted conditional certification to a collective action brought by a group of current and former General Electric Co. technicians alleging the company skimped on pay for work they had to do before they clocked in.

  • November 14, 2014

    11th Circ. Revives Marlins Stadium Workers' FLSA Suit

    The Eleventh Circuit on Friday revived a putative class action alleging contractor Form Works/Baker JV LLC underpaid construction workers for the Miami Marlins’ new stadium, ruling an “off-the-books” statement required by the court couldn’t remove plaintiffs' Fair Labor Standards Act claim from their pleadings.

  • November 14, 2014

    Epstein Becker & Green Expands DC, NYC Offices

    National law firm Epstein Becker & Green PC has announced the recent addition of a trio of lawyers from Proskauer Rose LLP and Arent Fox LLP to bolster its labor and employment practices in New York and Washington, D.C.

  • November 14, 2014

    Google Freelancer Worked, Not Paid Like Employee, Suit Says

    A former Google Inc. freelancer accused the company of cheating him and other workers out of their fair share of pay, saying he was misclassified as an independent contractor and then forced to do more work in less time, according to a suit filed Friday in New York federal court.

  • November 14, 2014

    DC Circ. Rules USAID Worker Jailed In Cuba Can't Sue US

    A U.S. Agency for International Development contractor currently languishing in a Cuban prison won’t receive monetary relief from the federal government after the D.C. Circuit on Friday refused to revive his Federal Tort Claims Act suit.

Expert Analysis

  • An Associate's Perspective On Business Development

    Jason Idilbi

    Let’s face it: Taking friends or acquaintances to Justin Timberlake concerts or golf at the Ocean Course is not how we as law firm associates are going to develop business. Our primary value comes not from out-of-office networking jaunts but from bearing a laboring oar for our partners. Which is why our best approach to business development is more likely from the inside out, says Jason Idilbi of Moore & Van Allen PLLC.

  • A Possible Game-Changer For 'Silent' Arbitration Clauses

    Brian Berkley

    Notwithstanding its arguably questionable precedential support, the Third Circuit’s decision in Opalinski v. Robert Half Inc. is not surprising. It continues arbitration law’s march toward a likely end, by any path, for class action liability for companies and other business entities, say Brian Berkley and Matthew Adler of Pepper Hamilton LLP.

  • 5 Issues For Employers To Consider When Shaping Benefits

    Michelle Capezza

    In light of recent legal developments, most notably passage of the Affordable Care Act, and ongoing national issues, such as America's looming retirement crisis, corporate employers will continue to face incredible challenges to their offered health and benefit plans, says Michelle Capezza of Epstein Becker & Green PC.

  • Japan's Trade Secret Law Reform Should Focus On Discovery

    York Faulkner

    Faced with a growing trend of trade secret theft, Japanese lawmakers are actively debating reforms to strengthen both civil and criminal enforcement of trade secrets. The proposals, however, fail to address the fundamental weakness of trade secret enforcement under current Japanese law, say attorneys with Finnegan Henderson Farabow Garrett & Dunner LLP, Kitahama Partners and Lexia Partners.

  • Examining The EEOC's Fiscal Year-End Lawsuit Blitz

    Gerald L. Maatman Jr.

    This fiscal year, the U.S. Equal Employment Opportunity Commission has focused substantial resources to tackle the legal issues that could — if the EEOC is successful — sweep away certain procedural prerequisites to filing suit that the agency believes impede its enforcement efforts, especially over systemic cases, say attorneys at Seyfarth Shaw LLP.

  • New Jurisdictional Issues When Moving To Quash A Subpoena

    Steven Luxton

    The Nevada federal court's recent ruling in Agincourt Gaming LLC v. Zynga Inc. is an important reminder that a nonparty wanting to challenge a civil subpoena should consider carefully the appropriate jurisdiction in which to file a motion to quash under recently enacted Rule 45, say Steven Luxton and Brad Nes of Morgan Lewis & Bockius LLP.

  • The State Of Same-Sex Marriage In Florida

    Brad Gould

    If the Eleventh Circuit overturns the ruling in Brenner v. Scott, then Florida’s ban on same-sex marriage would remain in place — making the Eleventh Circuit the only circuit to uphold such a ban and opening the door to U.S. Supreme Court review, say Brad Gould and Dana Apfelbaum of Dean Mead Minton & Zwemer.

  • A Ban On Ban-The-Box?

    Natasha B. Dorsey

    In a regulatory landscape of ban-the-box laws and increased EEOC scrutiny of criminal history questions during the hiring process, employers in industries such as health care and finance are often put in the position of acting unlawfully because they are required to conduct background checks for certain positions. The Certainty in Enforcement Act could clarify things, but it also leaves the door open for trouble, says Natasha Dorse... (continued)

  • Brazil's E-Social Program: A New Horizon For Employers

    Walter Abrahao Nimir Junior

    The goal of Brazil's eSocial program is to gradually replace obligations from previous labor and social security withholding forms, thus reducing employers' repetitive and excessive submission of information, say Walter Abrahao Nimir Junior and Marina Alfonso de Souza of De Vivo Whitaker e Castro Advogados.

  • FLSA Case Is A Guide To Using Independent Contractors

    Larry S. Perlman

    Saleem v. Corporate Transportation Group Ltd., the "black car" driver case brought under the Fair Labor Standards Act and the New York Labor Law, provides excellent examples for employers to better navigate the legal landscape of independent contractor status given the case's examination of contracts and control over contractors, say Larry Perlman and Tamar Dolcourt of Foley & Lardner LLP.