• November 22, 2017

    Bankrupt NY Contractor Seeks OK For $135M DIP Loan

    A New York construction contractor that filed for bankruptcy earlier this month asked a judge on Wednesday to approve a $135 million debtor-in-possession financing the debtor says is critical to keep up work on open projects while it sorts out its finances in court.

  • November 22, 2017

    Ex-AT&T Workers Fight To Keep Age Discrimination Suit In NJ

    A putative class of laid-off AT&T Inc. employees on Tuesday urged a New Jersey federal court not to toss two members’ claims in an age discrimination suit, arguing that the telecommunications company wrongly asserted that their class claims have no reason to be in New Jersey.

  • November 22, 2017

    Oilfield Services Co. Hit With $45.3M Verdict In Crash Row

    A unanimous jury in Bexar County, Texas, found in favor of a woman injured in a car accident when an oilfield services company employee rear-ended her, awarding her a total of $45.3 million in damages, including $32.5 million in punitive damages.

  • November 22, 2017

    Breaking Down Waymo's Trade Secrets Trial With Uber

    Google's driverless car spinoff Waymo will face off in one week against Uber over its claims that the ride-hailing behemoth stole billion-dollar Waymo technology that could tilt the future of the nascent self-driving car industry when it acquired a former Waymo engineer's startup. Here, Law360 takes a look at the case in advance of the trial.

  • November 22, 2017

    CWA Pushed Verizon To Transfer Nonstriker: NLRB Judge

    A National Labor Relations Board judge has ruled that a New York chapter of the Communications Workers of America flouted federal labor law when it tried to force Verizon to transfer a worker who refused to participate in a strike.

  • November 22, 2017

    DOJ Tells Justices Forced Statements Can Be Used Pretrial

    The U.S. Department of Justice recently urged the Supreme Court not to protect suspects from having their compelled statements used at pretrial hearings, saying applying the Fifth Amendment that early would bog down criminal proceedings.

  • November 22, 2017

    Nonprofit Backs Office Depot In False Claims Coverage Row

    A nonprofit policyholder group has urged the Ninth Circuit to revive a coverage dispute between Office Depot and a unit of AIG, arguing that the lower court ruling could drastically curtail coverage in California False Claims Act cases.

  • November 22, 2017

    Carl's Jr. Loses NLRB Case After Failing To Respond

    In the first National Labor Relations Board decision to include both its newest members Bill Emanuel and Marvin Kaplan, the agency on Tuesday ruled against a Carl’s Jr. facility in Los Angeles that it found illegally prevented workers from talking to union representatives, because the chain never responded to the allegations.

  • November 22, 2017

    Waiver On L3 Background Check Form Violates FCRA: Suit

    An employee of military contractor L3 Technologies Inc. on Tuesday filed a putative class action in California federal court alleging the company's onboarding paperwork violates the Fair Credit Reporting Act by combining background check consent and a liability waiver on the same form.

  • November 22, 2017

    7 Tips For Conducting Year-End Job Performance Evaluations

    With the calendar flipping to December, managers gearing up for a fresh round of performance evaluations can avoid setting the stage for legal trouble by taking some simple precautions, like making sure not to paint an overly rosy picture of employees’ work. Here, experts share seven tips to keep in mind heading into the yearly assessment ritual.

  • November 22, 2017

    Milwaukee Bucks Dancers Score Final OK In Wage Suit

    A Wisconsin federal judge on Tuesday signed off on a deal between Milwaukee Bucks dancers and the NBA team over its alleged failure to pay them overtime and minimum wages, saying the settlement adequately resolves claims that would otherwise require lengthy litigation.

  • November 22, 2017

    Hospital Was Right To Disclose Probe Of Doc, NJ Panel Says

    The New Jersey Appellate Division on Wednesday declined to revive a cardiologist’s lawsuit over her former employer’s report to state medical regulators and other hospitals that she resigned while under review for allegedly performing unnecessary procedures, ruling that the hospital was just obeying the law.

  • November 22, 2017

    Restaurant Groups Sue To Stop NYC Fast-Food Deduction Law

    The National Restaurant Association and its legal affiliate on Tuesday sued New York City to invalidate a statute that would require fast-food businesses to forward voluntary deductions from workers’ paychecks to nonprofits like the “Fight for $15” campaign, saying it tramples on the First Amendment’s protections against compelled speech.

  • November 22, 2017

    Ex-NJ Court Worker Wins Discovery Bid In Whistleblower Suit

    A New Jersey state appeals court on Wednesday ruled that a former state judiciary employee is entitled to certain documents in his lawsuit against the Camden County vicinage over his termination, saying a recent New Jersey Supreme Court decision reaffirmed the state's broad civil discovery access.

  • November 22, 2017

    NC Casino Operator Moves To Nix Unpaid Wages Suit

    The operator of a pair of North Carolina tribal casinos has urged a federal judge to toss a proposed class and collective action accusing it of failing to pay certain employees for all the hours they worked.

  • November 22, 2017

    NFL Stifles Competition With 'Sham' Rules, Ex-Agent Says

    A sports agent who once represented 53 aspiring National Football League players hit the NFL and the NFL Players Association with an antitrust suit in Massachusetts federal court Tuesday, accusing the league of stifling competition and implementing a "sham" three-year agent certification rule to keep new agents out of the industry.

  • November 22, 2017

    EEOC Wins Suit Over Train Co.'s Carpal Tunnel Testing

    An Illinois federal judge has ruled for the U.S. Equal Employment Opportunity Commission in a suit alleging a maker of train components hid behind false concerns that 38 job applicants might develop carpal tunnel syndrome, saying the company's decision to deny them work was based on unreliable tests.

  • November 22, 2017

    DOL Pushes Back Injury Reporting Rule By 2 Weeks

    The U.S. Department of Labor’s workplace safety office on Wednesday pushed back by two weeks a December deadline by which employers must log workplace injuries and illnesses in a new online reporting system created by the Obama administration.

  • November 22, 2017

    SEC Whistleblower Program Ain't Broke — So Don't 'Fix' It

    The U.S. Securities and Exchange Commission’s whistleblower program, now entering its seventh year, is maturing and gaining momentum, according to an agency report released Nov. 17, and whistleblower attorneys say they hope the Trump administration recognizes its value by staying out of the SEC’s way.

  • November 21, 2017

    Union Atty Demands List Of New NLRB Member's Clients

    A union attorney on Monday filed a motion with the National Labor Relations Board calling for new board member and former Littler Mendelson PC shareholder Bill Emanuel to recuse himself from all cases until his former firms produce lists of all the clients he represented.

Expert Analysis

  • Simple Steps Can Help Cos. Avoid Costly FMLA Verdicts

    Vanessa Kelly

    In Boadi v. Center for Human Development, a jury recently awarded the company's former employee four years of back pay and benefits, and the Massachusetts federal court awarded additional liquidated damages, doubling the jury’s damages award. The employer may have avoided all of this if it had trained its management staff on the requirements of the Family and Medical Leave Act, says Vanessa Kelly of Clark Hill PLC.

  • Addressing H-1B Visa Concerns: Part 2

    Excerpt from Lexis Practice Advisor
    Elliott Lichtman

    In the final part of this series, Elliott Lichtman and Lilah Rosenblum of Lichtman & Rosenblum PLLC discuss, among other issues, H-1B visa concerns such as extensions and amendments, portability, and recent action by the Trump administration that will impact the H-1B visa.

  • Proving Ratification Of A Supervisor's Retaliatory Motive

    John Calhoun

    When are employers themselves legally liable for acting on a supervisor’s illegally motivated recommendations? Recently, the First Circuit, in Saunders v. Town of Hull, offered much-needed clarification about when a government entity runs afoul of the law in this way, says John Calhoun of Choate Hall & Stewart LLP.

  • Roundup

    Judging A Book

    Alexander Hamilton and the Development of American Law

    Are the latest books on the judicial system worth reading? Federal judges share their thoughts in this series of book reviews.

  • Don't Waste This Planning Cycle: Year-End Strategies

    Hugh A. Simons

    Law firms are businesses where partners operate with significant autonomy. To see their priorities translate into individual partner action, firm leaders should use a few collaborative strategies, suggests Hugh A. Simons, former senior partner of The Boston Consulting Group and former COO of Ropes & Gray LLP.

  • 4th Circ. Bypasses Review Standards In Top-Hat Plan Suit

    Marianna Jasiukaitis

    In Plotnick v. Computer Sciences, the Fourth Circuit recently addressed the circuit split over the standard of review applicable to plans providing benefits for highly paid executives, but ultimately found that distinguishing between competing standards of review was unnecessary, says Marianna Jasiukaitis of Funk & Bolton PA.

  • Addressing H-1B Visa Concerns: Part 1

    Excerpt from Lexis Practice Advisor
    Elliott Lichtman

    When the U.S. economy is strong, there is high demand for the scarce H-1B visa, but recent executive action by President Donald Trump may impact its future viability. Here, Elliott Lichtman and Lilah Rosenblum of Lichtman & Rosenblum PLLC offer guidance on various issues related to this frequently used professional worker visa.

  • Hidden Dangers Of The Fluctuating Workweek Method

    Jeffrey Cadle

    A recently approved multimillion-dollar settlement agreement in Acevedo v. BrightView Landscapes, a hybrid collective/class action covering 27 states, illustrates the limitations of fluctuating workweek plans, and potential pitfalls for employers who utilize this payment method, says Jeffrey Cadle of Obermayer Rebmann Maxwell & Hippel LLP.

  • From Snaps To Tweets: The Craft Of Social Media Discovery

    Matthew Hamilton

    Courts have consistently held that social media accounts are subject to established discovery principles but are reluctant to allow parties to rummage through private social media accounts. Recent case law confirms that narrowly tailored information requests get the best results, say Matthew Hamilton, Donna Fisher and Jessica Bae of Pepper Hamilton LLP.

  • 4 Takeaways From EEOC’s Recent Focus On ADA Lawsuits

    Mauro Ramirez

    The U.S. Equal Employment Opportunity Commission's activities this year indicate the agency's continued emphasis on vigorous enforcement of the Americans with Disabilities Act as a top priority. A review of the disability suits filed by the EEOC in 2017 provides insight into which of these ADA claims are significant enough for the EEOC to devote litigation resources, says Mauro Ramirez of Fisher Phillips.