This year, O’Melveny & Myers LLP partner Bob Siegel cemented his reputation as one of the nation's top airline labor lawyers by counseling US Airways Group Inc. executives over antitrust litigation amid its $11 billion merger with American Airlines Inc., landing himself a place on Law360's list of Employment MVPs.
The Ninth Circuit on Thursday affirmed the conviction and lengthy prison sentence of a Las Vegas businessman who attempted to avoid paying payroll and income taxes by paying his employees' wages in gold and silver coins, finding he had been given enough notice that the pay scheme was illegal.
Former WNBA player for the Connecticut Suns Adrienne Johnson cannot bring a workers' compensation suit in California for injuries suffered during her playing career because she did not suffer a specific injury in the state and only played one game there, a California appeals court ruled Tuesday.
The U.S. Department of Labor’s Occupational Safety and Health Administration on Thursday said the agency is launching an online complaints system.
Davis-Standard LLC sued an ex-vice president and a rival liquid coating equipment maker, SAM North America LLC, in Connecticut federal court Tuesday, saying the former executive had breached a noncompete agreement and violated trade secrets by joining SAM last month.
A New Jersey judge on Wednesday trimmed the lawsuit of a Continental Airlines Inc. flight attendant who contends supervisors harassed him over his hairstyle because he is openly gay but preserved his state law discrimination claim.
Fast food and retail employees held rallies Tuesday in 100 U.S. cities demanding higher wages, organizers reported on social media.
With the National Labor Relations Board increasingly interjecting into non-union issues, hotels, restaurants and other labor-intensive hospitality companies need to brace for potential claims and tread carefully when crafting social media policies for employees, experts say.
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.
The U.S. Supreme Court ruling that struck down section 3 of the Defense of Marriage Act has many implications for retirement, health and other employee benefit plans. For example, it did not specify whether a same-sex couple recognized as married in one state would still be considered married for federal law purposes if they moved to a state that does not recognize same-sex marriage, says James Mattus at Goodwin Procter LLP.
Many federal contractors and subcontractors are now, or soon will be, required to comply with broad new whistleblower protections. Even before the new rules, prime contractors were already prohibited from discriminating against whistleblowers in certain situations — but the differences between the rules are significant and have important implications, say Bradley Wine and Michael Mateer of Morrison & Foerster LLP.
In Romanello v. Intesa Sanpaolo, the New York Court of Appeals found that under the city's Human Rights Law, there is no requested employee disability accommodation that is per se unreasonable, including a request for indefinite leave. At a minimum, an employer should carefully document its efforts to reach an accommodation, and its reasons for determining that a requested accommodation will be ineffective, say Terri Solomon and Jennie Woltz of Littler Mendelson PC.
Picture this: A seller of goods is losing tens of millions of dollars per year on a requirements contract containing price caps that the parties have operated under for years. Given the Uniform Commercial Code and relevant case law, it would be natural — and completely logical — to accept the cogent authority establishing that rising costs are generally insufficient to invalidate a contract. I am betting that, in this case, the law will trick you, says Andrew Jarzyna of Ulmer & Berne LLP.
The California Supreme Court has a long history of inventing new rules to invalidate consumer and employment arbitration agreements. But basing a finding of unconscionability on the court’s new test established in Sonic-Calabasas A Inc. v. Moreno would interfere directly with the Federal Arbitration Act’s protection of the freedom to tailor appropriate arbitral procedures, say Andrew Pincus and Archis Parasharami of Mayer Brown LLP.
One of the False Claims Act reforms proposed by the U.S. Chamber of Commerce’s Institute for Legal Reform — a sanction for failure to carry out basic document-preservation obligations — should dramatically improve the government’s document-handling practices, and thus improve the odds that FCA defendants will have access to documents they may need to present their cases effectively, say David Ogden and Jonathan Cedarbaum of WilmerHale.
In Lawson v. FMR LLC, the Supreme Court heard arguments on how the Sarbanes-Oxley Act's anti-retaliation provisions should be interpreted without either gutting or expanding them without limit. Assuming the court hands down a decision echoing the Nov. 12 session, the Obama-era “sea change” in favor of whistleblowers remains a gathering force in employment law, says R. Scott Oswald of The Employment Law Group PC.
When researching an expert, look for whether the expert’s opinion and methodology in the case is consistent with the expert’s approach outside of litigation. Inconsistency in an expert’s opinion not only is great fodder for cross-examination, but might also point to a more serious methodological problem that can form the basis for a Daubert challenge, says Matthew Whitley of Beck Redden LLP.
From dog sniffs and DNA to the Voting Rights Act and DOMA, the U.S. Supreme Court had its hands full in the last term. And 2013 brings an equally lively docket, with decisions expected on campaign spending, recess appointments and affirmative action, to name a few. There will also be more cases on Fourth and Fifth Amendment issues, and no fewer than eight cases involving the U.S. Environmental Protection Agency, says Jason Steed of Bell Nunnally & Martin LLP.
New Jersey residents voted to increase the state’s minimum wage from $7.25 to $8.25, but employers are likely to feel an increase in pressure of being able to sustain their businesses. Meanwhile, in evaluating whether minimum wage boosts employment and helps the economy, a study by economists at the National Bureau of Economic Research showed the opposite, say attorneys with Seyfarth Shaw LLP.