Employment

  • August 31, 2016

    Wal-Mart Must Face Truck Driver Class Action Over Wages

    A California federal judge on Tuesday issued a mixed-bag ruling that ultimately refused to decertify a class of Wal-Mart Stores Inc. truck drivers suing the big-box retailer for wage violations, finding that Wal-Mart's legal arguments were not strong enough to warrant decertification.

  • August 31, 2016

    Financial Planning Coalition Argues For DOL Fiduciary Rule

    A coalition of financial planning industry groups urged a Texas federal judge Wednesday to end a challenge to a U.S. Department of Labor rule that requires more retirement account advisers to act in their clients’ best interests, saying the regulation will not harm the industry.

  • August 31, 2016

    UPS Pilots Reach New 5-Year Labor Contract

    UPS Airlines pilots have ratified a new five-year labor contract with the company, gaining increases to pay and defined benefit pension plans for the more than 2,500 union pilots, UPS said Wednesday alongside the union.

  • August 31, 2016

    Judge Rejects $28.5M Deal In Suit Over Uber's Safety Claims

    A California federal judge on Tuesday declined to give preliminary approval to a $28.5 million settlement that aimed to resolve a consolidated proposed class action accusing Uber Technologies Inc. of misleading consumers about its so-called safe rides fee and the quality of its driver background checks.

  • August 31, 2016

    Uber Wants 'Flawed' NYC Drivers Classification Suit Axed

    The New York Taxi Workers Alliance doesn’t have standing to sue Uber in a proposed wage-and-hour class action alleging the ride-hailing giant dictated drivers’ operating conditions enough for them to be classified as employees, not independent contractors, Uber told a New York federal court Tuesday.

  • August 31, 2016

    Hospitals Force Nurses To Work Through Lunch, Suit Says

    A Houston-based nurse is hoping to represent 1,000 or more co-workers in a newly filed putative class suit in Texas federal court against two St. Joseph Hospital affiliates, alleging that they were made to work through their unpaid lunch breaks, in violation of the Fair Labor Standards Act.

  • August 31, 2016

    Chadbourne Partner Hits Firm With $100M Gender Bias Action

    A media and consumer protection partner hit Chadbourne & Parke LLP Wednesday with a $100 million proposed class action lawsuit in New York on behalf of all female partners at the law firm, alleging the firm's male-centric culture results in gender disparity in pay and bonuses.

  • August 31, 2016

    Feds Ask If Hazmat Regs Override Calif. Trucker Break Rule

    The U.S. Department of Transportation's hazardous materials wing said Tuesday it is seeking public comment on a tank truck carriers group's bid for a determination on whether federal hazmat regulations trump California meal and rest break requirements.

  • August 31, 2016

    Time Warner Moves to Duck Sale Interference Suit

    A Time Warner Cable unit asked a Florida federal judge on Tuesday to end a suit brought by a cable installation company alleging that Time Warner interfered in its 2012 sale, arguing that the Time Warner unit’s purported interference stems from a payment it was rightfully owed from an underlying dispute over an injured worker.

  • August 31, 2016

    1st Circ. Won’t Rehear Atty Fee Ruling In Sex Bias Suit

    The First Circuit on Tuesday said it would not rehear a fired tax attorney’s bid to to duck more than $50,000 in attorneys fees stemming from a “frivolous” and unsuccessful gender bias lawsuit she brought against her former employer, a Puerto Rican law firm.

  • August 31, 2016

    Rainmaker Q&A: Sheppard Mullin's Richard Simmons

    Being unafraid to “sell” by candidly describing your skills without going over the line is a talent. Having great Lakers seats at center court has never hurt either, says Richard Simmons, partner at Sheppard Mullin Richter & Hampton LLP.

  • August 30, 2016

    2nd Circ. Asks NY Court: Who's Liable For Ex-Cons' Firings?

    The Second Circuit asked New York’s highest court Tuesday to help resolve a dispute over whether two laborers fired for their criminal convictions can sue Allied Van Lines Inc. and its parent company, even though they were not the men’s direct employer.

  • August 30, 2016

    Icahn's Taj Mahal Rebuffs Union's Last Bid To Save Casino

    The management of billionaire Carl Icahn's Trump Taj Mahal has rejected a last-ditch proposal by Atlantic City's main casino workers’ union to end an ongoing strike and stave off the impending closure of the casino, the union announced Monday.

  • August 30, 2016

    Celgene Battles $40B FCA Suit Over Off-Label Promos

    Celgene Corp. on Monday pressed a California federal judge to end a whistleblower’s $40 billion False Claims Act suit over off-label promotion of cancer drugs Thalomid and Revlimid, asserting that government officials knew about off-label uses and didn’t object.

  • August 30, 2016

    3rd Circ. Finds No Union Violations On The Waterfront

    A Third Circuit panel on Tuesday issued a precedential decision in a case against the Waterfront Commission of New York Harbor, saying a lower court correctly found the commission didn't interfere with unions' collective bargaining agreements by requiring nondiscrimination certifications in hiring.

  • August 30, 2016

    Calif. Court Revives Trucker's Disability Discrimination Case

    A California appeals court ruled Monday that a person who's taking care of someone with a disability may be afforded the same protections as those with disabilities under state law, in the case of a truck driver who needed a special schedule to deal with his disabled son.

  • August 30, 2016

    HP Sues Executive Who Went To Work For Competitor

    Hewlett Packard Enterprise Company filed suit in Delaware Chancery Court last week seeking to prevent a former vice president from using knowledge gained about HP’s business and customers while employed with a competing company in a similar capacity.

  • August 30, 2016

    Hirozawa's NLRB Tenure Remembered For Progressive Action

    National Labor Relations Board member Kent Y. Hirozawa exited his post this weekend, ending a three-year tenure filled with major decisions that have left an imprint on labor law, punctuated with a ruling that student assistants at private universities can unionize.

  • August 30, 2016

    DOL Backs Workers At 9th Circ. In Dealership OT Fight

    The U.S. Department of Labor urged the Ninth Circuit on Monday to revive a Fair Labor Standards Act suit brought by so-called service advisers at a California Mercedes-Benz dealer after the U.S. Supreme Court punted the dispute, arguing that the employees are not exempt from overtime compensation.

  • August 30, 2016

    Petco Job Seekers Defend Background Check Suit

    Two job applicants alleging Petco hid from potential employees its procurement of consumer reports in background checks urged a California federal court Monday to deny the pet supply chain’s bid to escape the proposed class action, saying a clear federal-law violation has been established.

Expert Analysis

  • How Auto Dealers Can Prep For DOL's New Overtime Rules

    Christian Scali

    New regulations from the U.S. Department of Labor that more than double minimum salary requirements for white collar workers warrant proactive planning on the part of auto dealers and businesses in general. Specifically, certain employee misclassifications could open up a dealership to substantial and costly overtime liability, say Christian Scali and Jennifer Woo Burns at The Scali Law Firm.

  • Negotiating Cybersecurity Protections For Retirement Plans

    Jeffrey D. Hutchings

    Most retirement plan contracts prepared by third-party administrators and vendors for record-keeping and related services do not provide adequate safeguards relating to data security. It is incumbent on plan sponsors to raise the issue and propose appropriate contractual protections, say attorneys with Pillsbury Winthrop Shaw Pittman LLP.

  • An Uncertain Fate For Class Counsel Fees In Calif.

    Robert J. Gaudet

    Based on oral arguments before the California Supreme Court in Laffitte v. Robert Half International, it seems likely that future class counsel fee requests will be subject to greater scrutiny. The court might adopt a singular reform to bring California in line with federal practice or it might adopt a basket of additional reforms that could turn California into a national innovator, says Robert Gaudet Jr. at RJ Gaudet & Associates LLC.

  • Interpreting EEOC's Transgender Bathroom Fact Sheet

    John A. Schifino

    Complaints filed by North Carolina and other U.S. states allege that policy set forth in the U.S. Equal Employment Opportunity Commission's recent fact sheet detailing bathroom access for transgender employees constitutes “a radical reinterpretation of Title VII and of the Civil Rights Act." However, remedial statutes like Title VII are often given broad construction by the courts, meaning the EEOC’s position may well carry the day... (continued)

  • A Brief History Of Law Firm Cyberattacks

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    The incident at Mossack Fonseca just scratched the surface of demonstrating the lack of cybersecurity resources within the legal sector, says Mark Stevens of Digital Guardian. Here’s a look at the history of events leading up to the latest law firm hack.

  • Will DTSA Whistleblower Protection Be A Game-Changer?

    Michael A. Filoromo III

    There is no dispute that the protections of Section 7(b) of the Defend Trade Secrets Act are received by whistleblower advocates as welcome news. But those representing whistleblowers shouldn't assume the immunity provisions will be construed broadly. It is important that lawyers representing whistleblowers advocate for an interpretation that advances the law's lofty goals, say Michael Filoromo and Matthew LaGarde at Katz Marshall & Banks LLP.

  • Personal Jurisdiction For Foreign Corporations In Fla.

    Rebecca M. Plasencia

    In Daimler v. Bauman the U.S. Supreme Court severely restricted the use of general personal jurisdiction, but left open the question of whether a foreign company can automatically consent to general personal jurisdiction. With the law still in flux, Florida courts might soon find themselves split on this issue, says Rebecca Plasencia at Holland & Knight LLP.

  • Immigrant Job Portability: New Rules Employers Must Know

    Sapna Annicelli

    New U.S. Citizenship and Immigration Services rules expand upon previous guidance on whether a new job offer qualifies as the same or similar occupational classification for candidates with pending green card applications. Sapna Annicelli and Allison Williard at Fragomen Del Rey Bernsen & Loewy LLP explain what employers need to know about the current status of the guidelines and how to ensure compliance.

  • Defining Proportionality: Amended Rule 26's First 6 Months

    Samantha L. Southall

    Case law from the first six months after the amendments to Federal Rule of Civil Procedure 26(b)(1) shows that while courts will limit the scope of discovery when it is truly disproportionate to the needs of the case, they will also order production of easy-to-obtain information, says Samantha Southall at Buchanan Ingersoll & Rooney PC.

  • Zubik V. Burwell: The Supreme Court As Mediator?

    Charles F. Webber

    The real story in Zubik v. Burwell is that the U.S. Supreme Court acted as a mediator, not as a court seeking to resolve a concrete legal dispute. In actively seeking a middle ground, the court appeared to find one that both parties could live with, then sent the case back to the lower courts. This is extremely unusual — if not unprecedented, say Charles Webber and Jane Dall Wilson at Faegre Baker Daniels LLP.