Former wrestler William Albert Haynes III told the Second Circuit on Friday that he has a right to appeal a district court decision tossing his concussion suit against World Wrestling Entertainment Inc., citing a U.S. Supreme Court decision that consolidated cases can "retain their separate identities."
A New York federal magistrate judge signed off Friday on a $2.3 million deal resolving class and collective action claims that insurance and investment broker AXA Advisors LLC failed to pay minimum wage or overtime to prospective associates.
Uber recently inked a $100 million settlement with drivers in two states who claimed they were miscategorized as independent contractors in cases that experts say highlight how the on-demand economy has outgrown the current binary classification system and may prompt lawmakers to devise a new hybrid category.
Macy’s urged the Fifth Circuit Friday to ignore the National Labor Relations Board's attempt to cite a recent Fourth Circuit union-case ruling in the retailer's dispute involving cosmetics and fragrance employees who wish to create a separate bargaining unit at a Massachusetts store.
Seward & Kissel LLP was smacked Thursday with a $12 million malpractice suit by Gray Financial Group Inc. alleging the law firm’s “negligent role” in advising Gray's funds sale to a state pension left the investment consultant vulnerable to federal investigations.
A New York federal judge on Friday approved a deal in which Bank of America Corp. and subsidiary Merrill Lynch will pay $14 million to settle two wage-and-hour collective actions accusing them of stiffing financial adviser trainees on overtime pay.
The list of objections to Uber Technologies Inc.’s $100 million settlement of a pair of high-profile driver class actions continues to grow in California federal court as more people speak out against the deal, including two drivers who on Thursday called the payout “insultingly low.”
A proposed class of current and former employees filed suit against Hilton's retirement plan in D.C. federal court Friday, alleging it violated the Employee Retirement Income Security Act by denying vested benefits on grounds that were disallowed by a prior lawsuit.
The operator of gas stations commonly found in Wal-Mart parking lots was slapped with a disability discrimination suit in Texas federal court Thursday by the Equal Employment Opportunity Commission, after the agency said Murphy Oil had fired an employee because of his back condition rather than accommodate him.
Coach Inc. agreed to pay $1.75 million to settle a putative class action involving California sales associates who allege the retailer didn't compensate them for the time they spent getting their bags checked before breaks and after shifts.
A judge refused Thursday to shut down the Equal Employment Opportunity Commission's bias lawsuit against Wisconsin Plastics Inc., saying the company hadn't shown its policy of favoring English speakers was a legitimate reason to fire almost two dozen workers in 2012.
A group of New York City manager-level employees filed suit against Mayor Bill de Blasio and other city officials Friday, challenging the decision to eliminate a pay raise and two days of annual leave for senior managers in order to cover a new paid parental leave program.
The owners of a southern New Jersey dry cleaning business have admitted they evaded more than $97,000 in payroll taxes on cash wages paid to employees who weren’t authorized to work in the United States, U.S. Attorney Paul J. Fishman said Friday.
A technology company that removed a transgender employee from her job in Minnesota on Thursday agreed to pay $140,000 to resolve a gender discrimination complaint lodged by the U.S. Equal Employment Opportunity Commission.
New York City’s Commission on Human Rights said Friday it has issued guidance to help pregnant employees better understand their rights in the workplace and outline how employers must reasonably accommodate pregnant workers or new mothers.
A New Jersey cop has alleged in a state court lawsuit that evidence was destroyed in the so-called murder-suicide of a prominent hospital executive and his wife, a case that’s drawn scrutiny for how it was handled and preceded the ouster of a county prosecutor.
The Obama administration released a report Thursday on "unfair" noncompete agreements that some workers are forced to sign to keep their jobs, saying evidence shows that such agreements can result in lower job mobility, worker bargaining power and entrepreneurship.
Two former Outback Steakhouse assistant managers hit the casual dining chain with a Fair Labor Standards Act class action Wednesday in Florida federal court alleging the company unfairly denies such workers overtime pay even though they perform similar duties to non-overtime-exempt employees.
On the eve of a trial to determine the competency of 92-year-old Sumner Redstone, court filings Thursday revealed the former CBS and Viacom chairman provided about $150 million to his former caretaker and an ex-girlfriend in the years before angrily booting both women out of his life.
The NFL’s player retirement plan administrator on Thursday objected to the amount of interest requested on benefits a Maryland federal court ordered the plan to award a former linebacker after determining the symptoms of his brain injuries prevented him from working as a teacher after his playing career ended.
The Defend Trade Secrets Act requires that there be evidence of threatened misappropriation to justify an injunction putting limits on what an ex-employee can do. Although some might see this as reinforcing some states’ rejection of the “inevitable disclosure doctrine,” its practical effect instead should be to reframe the discussion toward the kind of evidence necessary to prove a threat, says James Pooley, who testified before th... (continued)
Given the U.S. Securities and Exchange Commission’s increasing efforts to encourage whistleblower tips, what should a company do to reduce the risks that it ends up as the focus of an SEC investigation? Attorneys with K&L Gates LLP offer four recommendations.
The House's Trafficking Prevention in Foreign Affairs Contracting Act comes on top of already existing strict requirements and penalties. With the expansion of human trafficking laws to nearly all aspects of government contracting and the serious consequences of noncompliance, the risk profile has grown exponentially, say Dave Nadler and David Yang of Blank Rome LLP.
Employers' decisions to use contracting services to support their operational needs have generated a ripple effect of substantial adverse publicity along with both public and private litigation. As government agencies pay closer attention to the legalities of these arrangements in the immigration arena, employers should manage these contracted service relationships carefully, says Jang Hyuk Im, a member at Epstein Becker & Green PC.
Justice Antonin Scalia will undoubtedly be most remembered for his opinions and dissents on constitutional cases, but his legacy extends into many other areas of the law, and his decisions on the extraterritorial application of U.S. laws and in three significant class action cases have had, and will continue to have, an enormous impact on corporate law, says Kevin LaCroix at RT ProExec.
If you believe industry prognosticators, 2016 will be a slow year for litigation departments. But amid the doom and gloom, forward-thinking litigators at AmLaw 100 firms and boutiques are bucking the downward trend by adopting litigation finance tools, says Travis Lenkner, managing director of Gerchen Keller Capital LLC and former senior counsel at The Boeing Company.
Although MHN Government Services Inc. v. Zaborowski has apparently been settled, the state law questions at issue in the case are likely to arise again. Therefore, now is a good time to correct the erroneous suggestion that California applies a separate rule of severability to arbitration agreements and to consider the interplay between California’s doctrines of severability and unconscionability, says Gordon Renneisen of Cornerstone Law Group.
There are those who have suggested that the U.S. Supreme Court in Campbell-Ewald v. Gomez left plenty of room for a defendant to “pick off” a plaintiff. Not so, according to Eastern District of New York Judge Sandra Feuerstein's decision in Brady v. Basic Research, says Fred Isquith of Wolf Haldenstein Adler Freeman & Herz LLP.
Since the U.S. Supreme Court's decision in Staub v. Proctor Hospital, which endorsed the cat’s paw doctrine in employment discrimination cases, several important questions have developed. Joanne Alnajjar Buser of Paul Plevin Sullivan & Connaughton LLP examines these issues and explains how employers can avoid getting tangled in a cat’s cradle.
While the removal of the familiar “reasonably calculated to lead to the discovery of admissible evidence” standard suggests a departure from prior practice, the first opinions from the federal courts implementing amended Federal Rule of Civil Procedure 26(b)(1) suggest otherwise, says Gregory Brown of Kaufman Dolowich & Voluck LLP.