The Pennsylvania Superior Court said Friday it would not allow an expedited appeal of a decision reinstating Philadelphia Inquirer’s top editor after ruling that he’d been fired in violation of a governance agreement giving control over personnel moves to the owners of the paper’s parent company.
The National Labor Relations Board on Wednesday asked the U.S. Supreme Court to weigh in on the Fourth Circuit's ruling that deemed recess appointments to the board in 2012 unconstitutional, saying the high court should hold the case until it decides Noel Canning.
New Jersey's high court won't disturb a published appellate decision that the federal Employee Retirement Income Security Act preempts the state law claims of a hospital seeking the full price for medical services from a benefit plan that failed to timely pay discounted fees, according to a Friday order.
The New York Post has settled a former associate editor's claims that the newspaper's work environment was rife with sexist and racist conduct, according to a stipulation filed Thursday.
The Sixth Circuit on Friday affirmed a lower court's award of $3.8 million in disgorged profits to a former executive after the Life Insurance Co. of North America was found to have wrongfully denied him disability benefits.
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.
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.
It seems that by publicizing “voluntary” permissible exposure limits, the Occupational Safety and Health Administration can skip the administrative rulemaking process and substitute tort plaintiffs — and workers’ compensation claimants — for OSHA regulators in enforcing lower PELs, say James Scadden and Samuel Jubelirer of Gordon & Rees LLP.
In a perfect world, two separate federal laws that both require employers to provide health and welfare benefits to employees would be consistent with each other and, if there is an apparent conflict, government agencies would walk employers through how to comply. Unfortunately, we don’t live in a perfect world, say Kenneth Weckstein and Shlomo Katz of Brown Rudnick LLP.
The outcome of Lawson v. FMR LLC, the first Sarbanes-Oxley Act whistleblower case to reach the U.S. Supreme Court, may turn on how the justices resolve a hypothetical posed by Justice Stephen Breyer about a gardener hired to mow the lawn for a publicly traded corporation, say Edward Ellis and Stephen Melnick of Littler Mendelson PC.
Despite the benefits of publishing and consistently enforcing progressive discipline policies, individuals and business owners alike can think of examples where employers have not published or adhered to their own protocols, says R. Scott Oswald of The Employment Law Group PC.
Brinker Restaurant Corp. v. Superior Court made it clear that California employers do not have to police meal and rest periods, so it would seem employers have a safe harbor so long as employees have the freedom to take meal and rest breaks, right? Not so fast, says Joshua Kienitz of Littler Mendelson PC.
On Oct. 31, 2013, the IRS issued guidance relaxing the use-or-lose rule applicable to health flexible spending arrangements under employers’ cafeteria plans. Employers with calendar year plans that want to adopt this carryover provision for unused health FSA balances remaining at the end of 2013 will need to act quickly, say Marcus Wu and Lori Partrick of Pillsbury Winthrop Shaw Pittman LLP.