• January 22, 2018

    Union Tells 9th Circ. To Uphold NLRB Email Use Standard

    The Communications Workers of America on Friday pushed the Ninth Circuit to uphold the National Labor Relations Board’s landmark ruling allowing workers to use employer email systems for union business, while also asking the appellate court to order that the board go further with its notice posting penalty.

  • January 22, 2018

    California's OSHA Passes New Housekeeper Injury Rules

    California’s health and safety watchdog agency has created new rules intended to reduce injuries that hotel housekeepers often sustain from carrying overly heavy loads, as well as new protections against sexual harassment and assault, according to hospitality workers union Unite Here.

  • January 22, 2018

    1st Circ. To Rehear Ex-Maine Speaker's Suit Against Gov.

    The full First Circuit said Friday it will reconsider the dismissal of former Democratic Maine House Speaker Mark Eves’ lawsuit accusing Republican Gov. Paul LePage of threatening to withhold state funding from a nonprofit that operates a school for at-risk children after the nonprofit hired Eves as its president.

  • January 22, 2018

    Feds Say Ex-Audit Watchdogs Gave Inside Info To KPMG

    Federal prosecutors in New York on Monday charged three former members of the Public Company Accounting Oversight Board and three former top executives at accounting giant KPMG in an alleged scheme to use stolen confidential information to help KPMG obtain better results on audits conducted by the regulatory board.

  • January 22, 2018

    Riddell Slams Hundreds Of Remand Bids In Concussion MDL

    Football players who took their concussion claims against Riddell and the National Football League to federal court can’t backtrack and send their cases to state court, Riddell argued Friday, urging a Pennsylvania federal court to deny the nearly 700 remand motions before it.

  • January 22, 2018

    Watchdog Sues OSHA, Says It Shields Injury, Illness Info

    Watchdog group Public Citizen announced Monday that it has sued the Occupational Safety and Health Administration for illegally withholding records from public disclosure about workplace injuries and illnesses that businesses were required to submit under an Obama-era regulation.

  • January 22, 2018

    Employment Group Of The Year: Ogletree Deakins

    Labor and employment firm Ogletree Deakins Nash Smoak & Stewart PC has spent the past year defending employers on wide-ranging issues, such as securing an appellate win for C.H. Robinson on its use of an arbitration clause in its incentive bonus agreement, making the firm one of Law360's Employment Practice Groups of the Year.

  • January 22, 2018

    Anthem Can't Escape Suit Over Prosthetic Coverage

    A California federal judge refused on Friday to toss a proposed class action alleging Anthem Inc. and its subsidiary wrongfully deny coverage for lower limb prostheses, finding that Anthem “had a hand” in developing the insurance policy’s guidelines and that’s enough to keep it in the suit.

  • January 22, 2018

    Jackson Lewis Fortifies SF Presence With Morgan Lewis Hire

    Jackson Lewis PC has brought on board a former senior attorney from Morgan Lewis & Bockius LLP with more than 15 years' experience litigating a broad span of employment law matters in the retail, financial services, restaurant technology and gig economy industries, the firm announced.

  • January 22, 2018

    Clock For State Claims Stops In Federal Court, Justices Say

    The U.S. Supreme Court held Monday that bringing state claims in federal court stops the clock on the statute of limitations for those claims, handing a victory to a fired D.C. health inspector attempting to sue the city for gender discrimination and retaliation.

  • January 19, 2018

    Attorneys Preparing Clients For A Costly Shutdown

    The federal government shutdown has attorneys worried, and they're preparing their clients for potential problems regarding contractors and labor regulations when the federal government shuts its doors Monday.

  • January 21, 2018

    Immigration Standoff Keeps Government Shuttered

    The Senate failed to reach a funding deal Sunday night, extending the government shutdown as both parties continued to clash over longstanding spending and immigration issues. 

  • January 19, 2018

    New MLB Collusion Rumors May Reveal Bigger Issues

    With the Major League Baseball free-agent market the quietest it has been in years, rumors that the teams may be colluding with one another to avoid offering big contracts have begun to swirl, but experts say a grievance may be hard to prove as the economics of baseball have changed. 

  • January 19, 2018

    DOL Gets $1.9M Sanction Against Health Care Co. In OT Case

    A Florida federal judge Friday ordered a $1.9 million sanction against a home health care staffing service in a U.S. Department of Labor overtime suit, saying the company has yet again failed to comply with an order to produce copies of nurses’ payroll records.

  • January 19, 2018

    Expert Ups Suggested Fee Cap In NFL Concussion Deal

    A court-appointed expert brought in to address several questions surrounding attorneys’ fees in the uncapped NFL concussion settlement updated his recommendations on Friday, telling a Pennsylvania federal court that additional information from class counsel convinced him to raise the cap from 15 percent to 22 percent.

  • January 19, 2018

    Ex-Mass. Authority Worker Awarded $1.2M For Wrongful Firing

    Massachusetts jurors have awarded $1.2 million in damages to a former state worker they decided was wrongfully terminated for taking medical leave and planning to use it again to remove painful nerve tumors from both of his feet.

  • January 19, 2018

    Leaker Cop Forfeits Benefits With Guilty Plea, NJ Panel Says

    A state appellate court affirmed Friday the forfeiture of a former New Jersey police officer’s disability retirement benefits after he admitted to tipping off drug dealers about an undercover wiretap investigation.

  • January 19, 2018

    Republicans Back Union In Fees Case At High Court

    A group of past and present Republican state and local lawmakers along with two dozen former presidents of the Washington, D.C., bar on Friday threw their support behind a union’s fight urging the U.S. Supreme Court not to block state unions from making workers cover bargaining costs.

  • January 19, 2018

    Dentons Probing Claims Of Atty’s 'Inappropriate Behavior'

    Dentons has put on leave one of the partners it absorbed in its October combination with Scottish firm Maclay Murray & Spens LLP while the firm investigates claims of “inappropriate behavior,” the firm confirmed Friday.

  • January 19, 2018

    Trump's First Year: Labor And Employment Report Card

    Saturday marked one year since President Donald Trump's inauguration, and the past 365 days have been nothing if not eventful, with the administration moving to fill key positions at agencies and weighing in on hot-button cases. Here, four experts grade the Trump administration's performance on labor and employment issues during its first year.

Expert Analysis

  • How To Control Data As Technology Complicates E-Discovery

    Peter Ostrega

    While technology is making certain aspects of e-discovery faster and easier, it is also creating new challenges as quickly as we can provide solutions. The good news is that there are concrete steps businesses can take to address those challenges, says Peter Ostrega of Consilio LLC.

  • 6 Steps To Complying With New Mass. Labor Laws

    Paul Holtzman

    With new Massachusetts statutes addressing pay equity and pregnant workers taking effect this year, companies in the state should take extra care to ensure that all guidelines, policies and procedures are not only established and documented, but also clearly communicated to and understood by all employees, says Paul Holtzman of Krokidas & Bluestein LLP.

  • The Potential Impact Of Taxing Nondisclosure Agreements

    Allan King

    Recent tax amendments no longer permit corporations to deduct sexual harassment settlements subject to nondisclosure agreements. However, these provisions will likely have a negligible effect on the number of agreements that are subject to disclosure, reduce the value of settlements paid to victims, and the increased taxes that result will be paid largely by victims of harassment, say Allan King and William Hays Weissman of Littler Mendelson PC.

  • Using Section 83(i) To Take Advantage Of New Tax Code

    Marc Fosse

    Last month the Tax Cuts and Jobs Act introduced a new section of the Internal Revenue Code that provides for the deferral of taxation on certain qualified equity grants to employees of eligible corporations. Marc Fosse and Angel Garrett of Trucker Huss APC explain why qualified equity grants can be a helpful tax strategy for employees and an excellent recruiting, retention and incentive program for employers.

  • Tax Reform Reshuffles The Deck For Outsourcing

    Gary Wilcox

    The new tax bill changes the calculus for cross-border services outsourcing and cloud agreements. For a U.S.-parented provider deciding whether to increase its U.S. operations relative to non-U.S. operations, several provisions must be considered, including the deduction for foreign-derived intangible income, the tax on global intangible low-taxed income and the base erosion and anti-abuse tax, say attorneys at Mayer Brown LLP.

  • 4 Issues Of Interest From Revived DOL Opinion Letters

    Shlomo Katz

    Seventeen opinion letters that were signed by the administrator of the U.S. Department of Labor's Wage and Hour Division in the closing days of the George W. Bush administration, but never mailed, were recently issued formally. Addressing a range of Fair Labor Standards Act issues, they provide insight into how the current DOL will enforce the law, says Shlomo Katz of Brown Rudnick LLP.

  • America's Shifting Views On Marijuana Post-Cole Memo

    Jonathan Robbins

    Although Attorney General Jeff Sessions' rescission of the Cole memo does not change federal law, negative response to the rescission across the cannabis sector and political landscape was strong, swift and bipartisan, which may lead to congressional action in the future, say Jonathan Robbins and Joshua Mandell of Akerman LLP.

  • 2017 Health Care Enforcement Review: Trends In FCA Cases

    Kevin McGinty

    The volume of health care-related qui tam litigation under the False Claims Act remained robust last year. In the first of four articles on health care enforcement in 2017, Kevin McGinty of Mintz Levin Cohn Ferris Glovsky and Popeo PC discusses the important takeaways from a number of trends.

  • Structuring Unpaid Internships After Wang V. Hearst

    Michael Pepperman

    The Second Circuit's recent decision in Wang v. Hearst Corporation, coupled with a recent announcement from the U.S. Department of Labor, demonstrates that the flexible, multifactor “primary beneficiary” test for unpaid interns established in Glatt v. Fox Searchlight Pictures is now easier for employers to satisfy, say Michael Pepperman and Ivo Becica of Obermayer Rebmann Maxwell & Hippel LLP.

  • A Survey Of In-House Attorney Views On Trade Secrets

    David Almeling

    In an attempt to peek behind the corporate curtain and pick the brains of those with unrivaled access to their companies’ trade secrets, we surveyed 81 in-house attorneys who work on trade secret issues. We discovered many interesting findings — and one alarming trend, say attorneys with O’Melveny & Myers LLP.