Employment

  • July 23, 2015

    Belgium To Shift Taxes From Labor To VATs, Finance

    Belgian Prime Minister Charles Michel announced early Thursday that his government has agreed to lower taxes on labor by some 7 billion euros, funded by a tax increase on financial transactions, electricity, sugary foods, alcohol and tobacco.

  • July 23, 2015

    Senate Greenlights Antitrust Whistleblower Protections

    By unanimous consent Wednesday, the Senate passed a bill sponsored by Sen. Chuck Grassley, R-Iowa, to extend whistleblower protections to employees who provide information to federal prosecutors in criminal antitrust probes.

  • July 23, 2015

    NFL Players Push Back At Critics Of Concussion Settlement

    Former NFL players supporting a settlement with the league over concussions and related neurological conditions told the Third Circuit on Wednesday to deny a brain injury group's request to file an amicus brief, claiming other objectors were hiding behind the organization.

  • July 22, 2015

    Poaching Suit Against Oracle Still Has Standing, Class Says

    A putative class of former Oracle Corp. employees urged a California district court on Monday to deny the company’s motion to dismiss their second amended complaint, which alleges that Oracle conspired to suppress employee pay through anti-poaching agreements with other technology companies.

  • July 22, 2015

    Class Cert. Upheld By Calif. Court In Safeway Wage Action

    A California state appeals court on Wednesday upheld class certification of a group of Safeway Inc. employees accusing the grocery chain of not paying them for missed meal breaks in violation of California’s Unfair Competition Law, saying the lower court did not abuse its discretion.

  • July 22, 2015

    Texas Attys Slam AG's Advice On Gay Marriage Licenses

    A group of Texas attorneys, former bar directors, judges and others filed a grievance on Tuesday with the State Bar of Texas Disciplinary Counsel against state Attorney General Ken Paxton, over his advice that county clerks do not have to grant marriage licenses to same-sex couples if it violates their religious beliefs.

  • July 22, 2015

    Calif. Agency Violated Title VII With SSN Question, Judge Says

    The California Department of Corrections and Rehabilitation discriminated against a Mexican immigrant by disqualifying him from a corrections officer job after he acknowledged he had once used a fake Social Security number, a California federal judge ruled Tuesday.

  • July 22, 2015

    Gibson Dunn Will Fight $15-Per-Hour Fast Food Wage In NY

    A state panel recommended raising New York fast food workers' minimum wage to $15 an hour Wednesday, but opponents of the wage increase have already turned to a Gibson Dunn partner who called the proposal “irrational and discriminatory” to challenge it.

  • July 22, 2015

    Ex-Butler & Hosch Workers Ordered To Seek Firm’s Default

    A Florida federal judge on Wednesday ordered ex-employees of shuttered national foreclosure law firm Butler & Hosch PA to move for an entry of default in two putative class actions over the firm’s alleged failure to notify employees ahead of a mass layoff, saying the firm missed the deadline to respond to the complaints.

  • July 22, 2015

    Porter Wright Brings Aboard Real Estate, Banking Litigator

    Porter Wright Morris & Arthur LLP has added a former Roetzel & Andress litigator who focuses on commercial real estate, financial services, trade secret, and employment matters.

  • July 22, 2015

    LA Calls Hotels' Minimum Wage Suit Inhospitable, Unwelcome

    The city of Los Angeles on Tuesday asked a California federal judge to dismiss a suit brought by two hotel chains seeking to block the city’s pending $15.37-per-hour minimum wage for hotel workers, saying the hotels’ arguments were “baseless” and were already rejected by the court in a previous order.

  • July 22, 2015

    Ex-Blackhawks Player Joins NHL Concussion MDL

    A suit claiming the National Hockey League failed to warn former Chicago Blackhawks center Steve Ludzik of hockey-related brain damage risks will be consolidated with similar cases in Minnesota federal court, the Judicial Panel on Multidistrict Litigation said Wednesday.

  • July 22, 2015

    Uber Background Check Suit Paused For Arbitration Appeal

    A California federal judge on Wednesday agreed to pause all but “reasonable discovery” in a proposed class action over Uber Technologies Inc.’s background checks of drivers, ruling that allowing non-discovery motions to proceed would harm Uber as it appeals his rejection of mandatory arbitration.

  • July 22, 2015

    Nurses Urge Calif. Court To Revive Rest Break Cert. Bid

    A putative proposed class of more than 1,000 health care workers at Los Angeles-area psychiatric hospitals urged a California appeals court Wednesday to revive their certification bid in a meal and rest break suit, arguing the hospitals’ shared policy was enough to show individual class members faced a common problem.

  • July 22, 2015

    Hostess At Famed NYC Eatery Claims FLSA Violations

    A hostess, coat checker and maitre d’ at upscale French restaurant Le Perigord in New York City filed a suit against the restaurant and its owners in New York federal court, claiming they violated the Federal Labor Standards Act and New York Labor Law by failing to pay her minimum wages and overtime pay.

  • July 22, 2015

    Wal-Mart Wants Full 6th Circ. To Rehear Gender Bias Appeal

    A Sixth Circuit panel ruling reviving regional class claims from gender bias plaintiffs covered by the nationwide Dukes class that the U.S. Supreme Court disbanded created a split with six other circuits, Wal-Mart Stores Inc. said Tuesday in a petition for en banc rehearing.

  • July 22, 2015

    Boomerang Settles Safety Violations With Reduced Penalty

    Bankrupt oil and gas piping manufacturer Boomerang Tube LLC has agreed to pay a reduced penalty and undertake other measures to resolve a government complaint over the company's failure to correct various workplace hazards, according to court papers filed Tuesday in Delaware.

  • July 22, 2015

    Ledbetter Can't Save AirTrain Worker's ADA Suit: 2nd. Circ.

    The Second Circuit on Wednesday affirmed a decision to toss a discrimination suit by a demoted worker against Bombardier Transportation Holdings (USA) Inc., ruling that she failed to show the pay bias that’s required under the Ledbetter Act to erase the time-bar on her claims.

  • July 22, 2015

    Calif. Cases To Watch In The 2nd Half Of 2015

    The California Supreme Court is set to decide the proper test for distinguishing employees from independent contractors, whether federal law preempts state rules invalidating mandatory arbitration clauses in consumer contracts, and whether the list of potential plaintiffs in asbestos cases can be expanded. Here, Law360 highlights seven major cases that attorneys need to watch.

  • July 22, 2015

    Sen. Sanders Floats Raising Fed. Minimum Wage To $15

    Democratic presidential candidate and U.S. Sen. Bernie Sanders, I-Vt., announced a bill on Wednesday that would raise the federal minimum wage to $15 an hour, bringing it line with various local and regional movements to hike up pay for low-wage workers.

Expert Analysis

  • The Costs Of Worker Misclassification: Part 2

    Richard J. Reibstein

    One of the most effective ways regulators are cracking down on independent contractor misclassification is through the unemployment and workers' compensation claims processes. Claims examiners are finding that workers who file for unemployment benefits oftentimes have been misclassified and are entitled to benefits as employees, say attorneys at Pepper Hamilton LLP.

  • Protecting Chemical Trade Secrets Vs. OSHA Compliance

    Andrea Porterfield

    The Occupational Safety and Health Administration’s hazard communication standard enables chemical manufacturers to withhold the identification of chemical components by stating that a specific chemical identity “is being withheld as a trade secret.” But if the trade secret formulation causes injury, disclosure may be required, says Andrea Porterfield of Polsinelli PC.

  • The Jury Is Out On Outcome Of DOL Overtime Rules

    Stephanie A. Roth

    The effect of the U.S. Department of Labor's increase in the minimum salary threshold for the white collar exemption under the Fair Labor Standards Act may be more nuanced than a simple pay raise for 5 million workers. Additionally, the DOL has left open the possibility of changing the job duties test, which could have more far-reaching implications for workforce structure than the proposed salary level increase, says Stephanie Rot... (continued)

  • The Costs Of Worker Misclassification: Part 1

    Richard J. Reibstein

    Lax enforcement of and inattention toward proper worker classification throughout the 1990s and well into the late 2000s contributed to a lack of understanding of the legal distinctions between independent contractors and employees, though since mid-2007 regulators have been cracking down on misclassification, say attorneys at Pepper Hamilton LLP.

  • OPM Breach Provides Lessons For Employers

     Karla Grossenbacher

    The lawsuit recently filed against the U.S. Office of Personnel Management serves as yet another reminder to employers about the many ways in which employees and applicants can seek to impose liability on employers in the event of a data breach, says Karla Grossenbacher of Seyfarth Shaw LLP.

  • The Next Step Forward In Disability Rights Law

    Ahaviah Glaser

    Despite the passage of the Americans with Disabilities Act 25 years ago, even a cursory look at independent, community-based living for the disabled reveals that significant barriers remain. Passage of the Transition to Independence Act would be a game-changer, says Ahaviah Glaser of Cozen O'Connor PC.

  • The Perils Of An English-Only Language Workplace Policy

    Jennifer C. Terry

    Courts remain split on the U.S. Equal Employment Opportunity Commission's position that broad English-only policies can be per se discriminatory. However, even in jurisdictions where courts have rejected the EEOC’s position on English-only policies, the employer does not automatically prevail, say Jennifer Terry and Steve Chariyasatit of Arent Fox LLP.

  • Could Chief Justice Roberts Have Concurred In Obergefell?

    Janice Mock

    Chief Justice John Roberts' dissenting argument in Obergefell v. Hodges misses the point entirely. If the U.S. Supreme Court has any rights at all, such rights surely include the ability to ensure that states don’t create laws — in Obergefell, bans on same-sex marriage — that abridge a citizen’s right to life, liberty and the pursuit of happiness, says Janice Mock of Nossaman LLP.

  • Tips For Protecting Trade Secrets In China

    Ruixue Ran

    It will take time to improve China’s recognition and enforcement of intellectual property protection, and to harmonize China’s fragmented patchwork of laws and regulations governing trade secrets enforcement. But reported improvements — such as easier filings, simplified trial procedures and shorter hearings at the new IP courts — provide hope that progress will continue, say attorneys with Covington & Burling LLP.

  • Did 'America's Sexiest Man' Almost Doom The ACA?

    Kim Wilcoxon

    Although former Republican Massachusetts Sen. Scott Brown didn't cast the deciding vote in the U.S. Supreme Court's 5-4 ruling in King v. Burwell, the one-time Cosmopolitan magazine pick for "America's Sexiest Man" played a significant role in the legal trials and tribulations of the Affordable Care Act, says Kim Wilcoxon of Thompson Hine LLP.