Employment

  • June 8, 2016

    Judge Allows TGI Friday's Workers To Add Claims In Wage Suit

    A New York federal judge on Tuesday largely permitted TGI Friday's workers in a wage-and-hour collective action to expand their suit, allowing additional allegations related to their claims under federal, New York and New Jersey law as well as under the wage laws of eight other states.

  • June 8, 2016

    GOP Reps. Slam Obama Veto Of Anti-Fiduciary Rule Resolution

    Republicans on the House Education and Workforce Committee slammed President Barack Obama’s veto Wednesday of a joint resolution nullifying the U.S. Department of Labor’s new fiduciary rule, saying the controversial regulation harms the low- and middle-income families it is meant to protect.

  • June 8, 2016

    DOL's Long-Awaited PERM Revamp May Be Nigh

    The U.S. Department of Labor's long-awaited regulations to modernize the Program Electronic Review Management labor certification system may be at hand, according to a semiannual agenda of regulations to be published Thursday.

  • June 8, 2016

    Exotic Dancers Are Employees, 4th Circ. Rules

    The Fourth Circuit on Wednesday let stand a $265,000 award won by a group of exotic dancers in a suit accusing the owners of two nightclubs of underpaying them after they were improperly classified as independent contractors, saying the clubs exerted enough control for the dancers to be deemed employees.

  • June 8, 2016

    Del. High Court Rejects Bid For Legal-Fee Priority

    Two Silicon Valley professionals lost their bid Wednesday for priority payment of $1 million in legal fees when Delaware’s Supreme Court rejected their argument that a receiver for their now-insolvent company had wrongly given their claims low precedence.  

  • June 8, 2016

    9th Circ. Sends Back JPMorgan, CVS Workplace Seating Suits

    The Ninth Circuit on Wednesday tossed lower court rulings denying class certification to CVS Pharmacy Inc. cashiers and JPMorgan Chase & Co. tellers in separate suits accusing the employers of not providing seating under California law, ordering reconsideration in light of recent state Supreme Court guidance.

  • June 8, 2016

    Wal-Mart Seating Class Cert. Upheld By 9th Circ.

    Wal-Mart Stores Inc. will have to face a class of workers accusing the company of violating California law by failing to provide seats for its cashiers, the Ninth Circuit said Wednesday in a decision that followed the state Supreme Court’s ruling clarifying the seating rule.

  • June 8, 2016

    DOD, GSA Lay Out Road Map For New Procurement Rules

    The U.S. Department of Defense, U.S. General Services Administration and several other agencies Wednesday laid out a slate of upcoming procurement and contracting regulations they intend to introduce or finalize this year, including several contentious labor-related rules for federal contractors.

  • June 8, 2016

    Lyft Drivers Urge Court To Refuse New Claims In $27M Deal

    A proposed class of California Lyft drivers claiming they were misclassified as independent contractors and deprived of tips on Tuesday urged a federal court to reject an attempt by two other drivers to intervene in a $27 million settlement in order to protect their own interests, arguing the attempt is baseless.

  • June 8, 2016

    BFI Decries NLRB Joint-Employer Rule To DC Circ.

    Waste management company Browning-Ferris Industries on Tuesday urged the D.C. Circuit to overturn the National Labor Relations Board’s “broad and unconstitutionally vague” joint-employer standard, saying it hinders companies’ ability to enter into business arrangements with contractors.

  • June 8, 2016

    Union Fee Challengers Denied Class Cert. In Revived Ill. Row

    An Illinois federal judge on Tuesday denied a group of home health care workers class certification in their suit challenging union fees charged to nonmembers, finding the proposed class likely contains many people who support the union and wouldn’t have been injured by the deductions.

  • June 8, 2016

    The 25 Law Firms GCs Recommend To Their Friends

    A select group of 25 law firms has nailed down the art of pleasing GCs, garnering unprompted word-of-mouth recommendations from their clients for more than five years running.

  • June 8, 2016

    TWC Seeks Sanctions For ‘Outlandish’ Reconsideration Bid

    Time Warner Cable has blasted an attorney for filing purportedly frivolous motions in his representation of a proposed class of sales representatives alleging wage violations by the cable giant, telling a California federal judge Tuesday that the attorney’s “re-reconsideration” motion warrants sanctions. 

  • June 8, 2016

    Uber Drivers Urge 9th Circ. To Pause Background Check Suits

    Uber drivers in a high-profile California class action accusing the company of misclassifying drivers as independent contractors asked the Ninth Circuit on Tuesday to pause a trio of suits challenging the ride-hailing giant’s background check policy, saying moving them forward could complicate their $100 million settlement.

  • June 8, 2016

    Advance Auto Says No Harm, No Standing In Data Breach Suit

    Advance Auto Parts on Tuesday pushed a Louisiana federal court to dismiss a proposed class action claiming remedies offered to employees after a data breach do not resolve the negligence that caused the incident, arguing there is no evidence employees have suffered any harm.

  • June 8, 2016

    No Quick Win For Dentist In Hepatitis C Bias Suit

    A dentist who sued New York City’s municipal healthcare system for employment discrimination after he was allegedly fired for having hepatitis C failed to secure a quick win Tuesday, when a federal judge found that it’s still uncertain whether the agency actually acted in a discriminatory manner.

  • June 8, 2016

    NYC Fund Manager, Union Head Accused Of $20M Fraud

    The founder of a Manhattan hedge fund and the head of New York City's correction officers' union were both arrested on Wednesday and charged with funneling $20 million in union retirement money to the hedge fund in exchange for bribes to the union leader, according to prosecutors.

  • June 8, 2016

    5 Insights From Garden City Group GC Scott Nader

    Notwithstanding our technology investments, we also pay attention to the basics. Nowhere in a Garden City Group facility will you find a ground-level computer that faces a window, nor do we ever replace a copy machine without first wiping its memory, says Scott Nader, general counsel of legal administration company Garden City Group LLC.

  • June 7, 2016

    UPS Accuses EEOC Of ‘Gamesmanship’ In Disability Bias Row

    An Illinois federal judge on Tuesday allowed United Parcel Service Inc. to use an expert report in the Equal Employment Opportunity Commission’s disability bias suit over UPS’ leave policy, after the company accused the agency of engaging in “gamesmanship.”

  • June 7, 2016

    Pa. AG Retaliation Suit Stayed Pending Criminal Case

    A Pennsylvania federal judge on Tuesday paused litigation against Pennsylvania Attorney General Kathleen Kane over accusations that she retaliated against a pair of investigators who refused to cooperate with efforts to negatively portray a sting operation launched by her predecessors, pending the resolution of criminal charges against her.

Expert Analysis

  • Assessing Liability In The Context Of Corporate Misconduct

    Brian Gorin

    When dealing with high-profile accusations of corporate misconduct, well-established scientific methods from the field of organizational reliability and culture can provide the basis to support or counter claims. Such strategies can make sense of the evidence presented and help to more accurately determine where liability may or may not actually reside, say Brian Gorin and Kristen Comeaux at Analysis Group Inc.

  • The Future Keeps Happening To Legal Services

    Mark A. Cohen

    With the astonishing pace of technological change, lawyers are increasingly rendering legal expertise from new business models — not law firms — that are faster, cheaper and better. Mark Cohen, a former civil trial lawyer and the founder of Legal Mosaic LLC, explores the latest legal services trends, from big data mining to online dispute resolution to new provider models.

  • Navigating The New STEM OPT Triangle

    Bill Lundin

    The recently approved optional practical training extension regulation for science, technology, engineering and mathematics degrees seems to pull in opposite directions. There is a clear intent to lengthen the period for which STEM OPT work authorization is made available to students, but a parallel recognition that allocation of this benefit must be more closely monitored, says Bill Lundin at Fragomen Del Rey Bernsen & Loewy LLP.

  • 5 Administrative Law Myths Employment Pros Should Consider

    Christopher Wilkinson

    With several critical employment-related regulatory actions on the horizon, it is important that employment practitioners are up to speed on applicable administrative law principles. Christopher Wilkinson and David Smith at Orrick Herrington & Sutcliffe LLP debunk five aspects of administrative law they feel are commonly misconstrued.

  • What US Investors Must Know Before Investing In Canada

    Michael Partridge

    For U.S. venture capitalists, investing in Canadian technology companies can be attractive for a number of reasons, including the fact that there are relatively few Canadian venture capital investors that can lead meaningful later-stage financings. Michael Partridge of Goodmans LLP highlights the key corporate, securities, tax and employment law issues that can affect the way deals are done north of the border.

  • Demystifying The Attorney-Client Privilege

    John Bergin

    Many companies misunderstand how the attorney-client privilege works and incorrectly think that they can tell or send their attorneys anything without the risk of having to disclose that information in a lawsuit or arbitration. John Bergin of Thompson Hine LLP and Kelley Halliburton of Shapiro Lifschitz & Schram PC discuss three essential principles of the attorney-client privilege.

  • What The Narrow Tyson Ruling Means For Class Actions

    Philip M. Oliss

    While the U.S. Supreme Court's decision in Tyson Foods Inc. v. Bouaphakeo was closely watched for its potentially broad impact, its ultimate holding is limited. The court expressly declined to adopt “broad and categorical rules” about the use of statistical evidence in class actions, and allowed the use of such proof only in the unusual circumstances of the case, say attorneys at Squire Patton Boggs LLP.

  • Jury Trial Waivers: A Better Alternative Than Arbitration?

     Ian W. Siminoff

    While arbitrations often lead to quicker resolutions, help employers avoid unpredictable jury verdicts, and offer greater privacy than the judicial system, they also involve significant costs and a host of other challenges. A better option for employers may be a jury trial waiver, where a bench trial, rather than an arbitration, is the alternative, says Ian Siminoff at Fox Rothschild LLP.

  • New Tech, Old Rules: 6 Tips For Tech Cos. Managing FCA Risk

    Stacey M. Sprenkel

    Device manufacturers, software developers and technology service providers that do not think of themselves as traditional government contractors have found themselves facing the potential for liability under the False Claims Act, and many tech companies do not yet have the well-developed compliance infrastructure that defense contractors and government-facing companies have developed over decades, say attorneys with Morrison & Foerster LLP.

  • What Your Workplace Violence Assessment May Be Missing

    Noah Webster

    If your assessment of workplace emergency preparedness stops at the Occupational Safety and Health Act, you may be missing a large component of your risk. An employer's duty of care includes protecting and warning others in the workplace, not just employees, which means there's a great deal to consider when evaluating the liability of workplace violence, says Noah Webster, divisional counsel at AtHoc Inc.