Employment

  • July 29, 2016

    NLRB Gave Quicken Employment Rules Fair Shake: DC Circ.

    The D.C. Circuit refused Friday to review a National Labor Relations Board ruling that provisions of Quicken Loans Inc.'s employment agreement with its mortgage bankers aimed at protecting confidential information and keeping employees from criticizing the company violate federal labor law, saying it was neither capricious nor arbitrary.

  • July 29, 2016

    NJ Merck Workers Suspend FLSA Suit Amid Settlement Talks

    A Fair Labor Standards Act suit launched by 26 Merck employees in New Jersey federal court, accusing the pharmaceutical giant of requiring employees to work 45 minutes before their regular shift each day without pay, was voluntarily dismissed on Friday, following notice that progress has been made in confidential settlement talks.

  • July 29, 2016

    NHLPA Wants League's Suit Over Wideman Decision Tossed

    The NHL Players’ Association asked a New York federal court on Friday to toss the league’s challenge of an arbitrator’s decision to cut in half player Dennis Wideman's 20-game suspension for hitting a referee while dazed by a concussion, saying the arbitrator acted within his mandate when he weighed new evidence.

  • July 29, 2016

    AmeriPark Escapes FLSA Suit Over Withheld Valet Tips

    Valet services provider AmeriPark LLC won the dismissal of a proposed class action alleging it violated the Fair Labor Standards Act by withholding some valet tips, as a Georgia federal judge ruled the law doesn’t require that employees being paid minimum wage keep all their tips.

  • July 29, 2016

    PGA Tour Says No Bad Faith In Vijay Singh Suspension

    PGA Tour Inc. again urged a New York state court Friday to toss former No. 1 golfer Vijay Singh’s suit claiming it wrongly suspended him in 2013 after he told a reporter he used a product believed to contain a banned substance, saying it followed its bylaws.

  • July 29, 2016

    Uber, Drivers Spar Over Paused 9th Circ. Arbitration Row

    Uber drivers on Friday pushed back against the ride-hailing giant’s bid to restart proceedings in a pair of Ninth Circuit challenges to the validity of its December 2015 arbitration agreement in closely watched class actions accusing Uber of misclassifying drivers as independent contractors.

  • July 29, 2016

    SunEdison Plan Members Denied Bid To Revive ERISA Suit

    A Missouri federal judge on Friday shot down an attempt by former SunEdison employees to revive a proposed class action against company directors who the workers say violated the Employee Retirement Income Security Act by offering inflated company stock as a retirement plan investment option.

  • July 29, 2016

    Texas A&M Can't Ditch Prof's Race Discrimination Suit

    Texas A&M University isn’t shielded by governmental immunity from a professor’s claims he was discriminated against because of his race, nor are the school president and head of the university’s history department protected from the suit, a Texas appeals court has held.

  • July 29, 2016

    Travelers Must Cover $5M Telecom Co. Theft, 7th Circ. Hears

    Telamon Corp. urged the Seventh Circuit on Thursday to revive its suit against insurer Travelers, who it said wrongly denied coverage for a $5 million theft by a policyholder company's vice president, saying the district court wrongly interpreted policy exclusions as broadly as possible.

  • July 29, 2016

    UNC Says It's Wrongly Targeted In Transgender Bathroom Suit

    The University of North Carolina said Friday it had been unnecessarily dragged into a high-stakes political fight over a state law that prevents transgender people from using public bathrooms that do not correspond with their birth gender.

  • July 29, 2016

    Macy's Wins Arbitration Over Unpaid Time For Bag Checks

    A California federal judge on Thursday tossed a proposed class's claims and pushed individual claims against Macy's into arbitration on Thursday, saying the former employee can't bring wage-and-hour suit over mandatory security checks of their bags, per an existing agreement.

  • July 29, 2016

    Defecator DNA Test Didn't Break Law, Says Warehouse Co.

    A warehouse storage and transportation company, seeking to overturn a 2015 jury verdict that it violated federal law when it forced two employees to take DNA tests during its search for a workplace defecator, told the Eleventh Circuit on Wednesday that its testing was fair game under the Genetic Information Nondiscrimination Act.

  • July 29, 2016

    7th Circ. Says Prof. Can't Sue For Sexual Orientation Bias

    The Seventh Circuit ruled Thursday that existing civil rights laws do not protect against sexual orientation discrimination, though judges appeared strongly conflicted over what they called an “illogical” legal structure.

  • July 29, 2016

    Young Conaway Dodges DQ Bid In Worker Termination Row

    A Delaware federal judge on Thursday refused to disqualify Young Conaway Stargatt & Taylor LLP as defense counsel in a former client’s employment discrimination suit, finding issues in the ex-client’s earlier case do not overlap enough with the instant suit to warrant the firm’s removal.

  • July 29, 2016

    Chicago Cop Says Review Officials Targeted Him, Leaked Info

    A former Chicago police commander acquitted last year on excessive force charges claims the city's Independent Police Review Authority specifically targeted him and leaked confidential information to the media in retaliation for his contentious history with the group, according to a suit filed in Illinois federal court.

  • July 29, 2016

    Ex-Wells Fargo FX Trader Sues Over Expected $600K Bonus

    A former currency trader has sued Wells Fargo Bank NA in New York state court, claiming the bank paid him less than half of the $600,000 bonus he was owed after he refused to relocate to San Francisco and ended his employment.

  • July 29, 2016

    Exotic Dancer Must Arbitrate Wage Claims, NJ Judge Says

    A New Jersey federal judge on Friday tossed a putative collective and class action brought against an adult nightclub by an exotic dancer over allegedly unpaid wages, finding that the woman must arbitrate her claims under an agreement in which she waived her right to go to court.

  • July 29, 2016

    FLSA Suit Claims Dallas Hospital Chain Owes Nurses Back Pay

    A Dallas nurse filed a collective action on behalf of as many as 1,000 nurses against Methodist Hospitals of Dallas in Texas federal court Thursday, alleging the hospital system routinely docks nurses’ pay for meal breaks the nurses do not take in violation of the Fair Labor Standards Act.

  • July 29, 2016

    Pittsburgh Glass Worker Urges 3rd Circ. To Revive Bias Class

    The Third Circuit was urged in a brief on Wednesday to recertify a class of workers in an age bias suit against Pittsburgh Glass Works LLC based on the theory that upper management at the company must have known about allegedly discriminatory staffing decisions made in individual departments.

  • July 28, 2016

    No Easy Answer On Class Arbitration, Calif. High Court Says

    The California Supreme Court on Thursday held that trial courts must decide on a case-by-case basis whether they, or an arbitrator, should decide if an arbitration agreement permits class claims, affirming the revival of a Los Angeles Toyota dealership employee’s discrimination class action.

Expert Analysis

  • Prevailing Wage: The Possible Fourth 'P' In P3s

    James J. Terry

    As public-private partnerships proliferate, a recurring issue is whether prevailing wages must be paid to the labor force engaged in the project. Recent cases in New York and D.C. appellate courts have illuminated this area and highlighted the recognition of entrepreneurial risk in the calculus, says James Terry at Zetlin & De Chiara LLP.

  • 6 Ways Lawyers Can Enhance Cross-Office Communication

    N. Courtney Hollins

    Building relationships with your partners and keeping a finger on the pulse of firmwide legal activity yields strong benefits. However, many attorneys never quite pick up on this important tool while in the trenches of practice. Courtney Hollins and Dan Ujczo at Dickinson Wright PLLC offer tips for cultivating a strong firmwide communication network.

  • Supreme Court Free Speech Ruling Bolsters Employee Rights

    Zachary Cantor

    For employees, exercising one’s right to free speech can be a slippery slope, especially when the boss doesn’t like the message. But thanks to the U.S. Supreme Court’s decision in the case of demoted Paterson, New Jersey, police detective Jeffrey Heffernan, that right just got a little stronger, says Zachary Cantor, a principle of Cantor Law.

  • 5 Takeaways From 9th Circ. Ruling In TWC Timecard Case

    Adam Rosenthal

    This week, the Ninth Circuit issued a crushing blow to a plaintiff who sought to use the California Labor Code to extract millions of dollars in penalties from his former employer, Time Warner, based entirely on the theory that over a 13-month period he was “underpaid” $15.02 and is owed compensation for precisely one minute. The decision restores some sanity to wage-and-hour jurisprudence, says Adam Rosenthal of Sheppard Mullin Ri... (continued)

  • Gig Economy: Settlements Leave Labor Issues Unsettled

    Miriam A. Cherry

    Perhaps what the recent $100 million Uber settlement shows us, more than anything, is the weakness of regulating labor standards through the method of private attorneys bringing class actions. But more important than these legal maneuvers is the issue of work changing in response to technological restructuring, says Miriam Cherry, a professor at Saint Louis University School of Law.

  • Scalia’s Vacancy Shifts High Court On Class Actions

    Brian S. Kabateck

    In the wake of U.S. Supreme Court Justice Antonin Scalia’s death the pendulum may already be swinging back in favor of class actions. In fact, the post-Scalia court now sits divided evenly on business litigation issues, or perhaps even favoring consumers for the first time in a long time, say Brian Kabateck and Natalie Pang at Kabateck Brown Kellner LLP.

  • Employee Safety: When A 'Reasonable Response' Isn’t Enough

    Melody L. Rayl

    What happens when, following a criminal incident, an employer's attempt to beef up on-premise workplace security fails to prevent another occurrence? As one recent Missouri case demonstrates, such measures can ultimately put an organization at greater risk and employers can find themselves on the receiving end of a lawsuit they never saw coming, says Melody Rayl at Fisher & Phillips LLP.

  • Gig Economy: Are Your Workers Employees? The 6-Part Test

    Rachel Bien

    Unfortunately, many sharing economy companies have tried to have it both ways — benefiting from the cost savings of calling workers independent contractors while at the same time treating them as employees in most other respects. Guidance from the U.S. Department of Labor suggests that many of these companies have misclassified their workers as independent contractors, say Rachel Bien and Cara Chomski of Outten & Golden LLP.

  • The Deemed Export Rule And Employment Nondiscrimination

    John J. Burke

    For employers that are caught between complying with export control laws and anti-discrimination laws, the U.S. Department of Justice recently issued guidance to help companies navigate these seemingly contradictory requirements. But, while helpful in some areas, the guidance may add to the confusion in other areas, say John Burke and Sabrina Shadi at BakerHostetler LLP.

  • Gig Economy: The Case For Local Regulation Of Ride Apps

    Peter M. Mazer

    “The operation of taxicabs is a local business,” declared the U.S. Supreme Court more than 60 years ago. Hence, standards for on-demand transportation exist at the local or state level to adapt to local needs and the regulatory and political climate of the locality. The onset of ride-sharing has significantly altered this dynamic, says Peter Mazer, general counsel of the Metropolitan Taxicab Board of Trade in New York.