A California federal judge dismissed football cheerleaders' lawsuit against the NFL and the majority of its teams over alleged wage-suppression tactics, saying Friday that the antitrust complaint was insufficient and failed to meet the pleading standard.
McDonald’s on Friday grilled an accountant who testified the company could owe potentially $41 million in statutory penalties for arranging overnight shifts at its company-run stores in California so as to stiff thousands of workers on overtime, questioning the accountant’s qualifications and methodologies during cross-examination in the damages trial.
In a noncompete dispute between two health care services companies, the Texas Supreme Court on Friday held insufficient evidence supported a jury's $4.2 million lost profits award and that a $1.1 million punitive award was too high in light of the reduced actual damages.
Democrats in the Illinois Senate on Friday passed legislation to tweak workers’ compensation laws in Illinois, continuing on their mission to pass separate parts of a bipartisan negotiated package without Republican votes.
Google and the U.S. Department of Labor duked it out Friday over whether the tech giant must hand over employee pay data related to the government’s look into Google’s equal opportunity program, with the DOL arguing in a California administrative hearing that Google isn’t “too big to comply” with its data requests.
Omnicare Inc. on Thursday asked a Massachusetts federal judge to approve a $13 million settlement to end a False Claims Act case brought by whistleblowers alleging fraudulent Medicaid claims and kickbacks to pharmacies that prescribed an antidepressant drug.
Federal prosecutors in Illinois on Friday announced that a grand jury has indicted a union leader who hired his wife as part of an alleged scheme to illegally collect Social Security benefits.
A West Virginia federal judge ruled Friday that Arch Coal Inc. and several subsidiaries must face claims they illegally fired a worker after finding out he was prepared to give the FBI evidence and testify regarding a pay-to-play scheme at a mining complex.
A National Labor Relations Board judge on Thursday ordered several Verizon Wireless stores to strike certain employee handbook policies, including some the NLRB declared unlawful in a separate case in February and others that were not previously analyzed.
The Fourth Circuit on Friday said it would not review a panel decision upholding R.J. Reynolds Tobacco Co.’s victory in an Employment Retirement Income Security Act class action alleging that the improper divestiture of Nabisco stock by the tobacco giant’s retirement plan following the 1999 breakup of RJR Nabisco Inc. cost plan participants more than $50 million.
A Yahoo Inc. investor was denied expedited handling Friday for a preliminary injunction motion in Delaware Chancery Court seeking to delay an executive pay vote at the company’s June 8 annual meeting if the company doesn’t meet a disclosure demand.
Federal lawmakers had labor and employment issues top of mind this past week, introducing a handful of bills with potentially sweeping ramifications, including legislation that would wipe out the National Labor Relations Board’s Specialty Healthcare standard, a bill to revamp federal labor law and a proposal to institute a $15 federal minimum wage.
An Illinois federal judge Friday told a taxi driver he will need redo his Fair Labor Standards Act and state wage claims in a putative class action alleging his former employer misclassified its drivers as independent contractors.
Commonwealth Edison Co. was hit in Illinois court Thursday with class allegations that the electricity utility denies jobs to applicants who have poor credit histories even though a state privacy law prohibits employers from inquiring about credit reports.
The D.C. Circuit on Friday overturned a split National Labor Relations Board ruling that a Hawaii contractor broke federal labor law by firing welders affiliated with a Boilermakers local, saying the board failed to rebut a judge’s findings that their membership was incidental to the expiration of their contract.
The Texas Supreme Court on Friday held that a former ExxonMobil Corp. contractor can take nothing on his claims against the oil and gas giant and his employer, WHM Custom Services, alleging his drug test was mishandled by a third party, because Texas law doesn't recognize a claim for compelled self-defamation.
A Minnesota nationwide food wholesaler has lost the opportunity to avail itself of insurance coverage for a former salesperson’s suit seeking unpaid commissions, the Eighth Circuit ruled Thursday, because the policyholder didn’t provide notice “as soon as practicable.”
A former attorney with Weinberger Law Group LLC has urged a New Jersey state court to trim the firm's lawsuit against her, saying that the allegations are not specific enough to support defamation and trade libel counts, but the firm said its complaint sufficiently sets forth those causes of action.
A fabulously wealthy former Barclays Capital Inc. trader invited the Second Circuit on Friday to order the Lehman Brothers Inc. estate to make him richer by $83 million, but a three-judge panel seemed hard-pressed to ignore once-secret recordings the trader made that prompted lower courts to deny him the extra haul.
A Proskauer Rose LLP attorney embroiled in a $50 million gender discrimination suit against the firm lost her bid Thursday for a court order to force mediation services provider JAMS Inc. to preserve mediation session records that documented a retaliatory threat purportedly made against her by a Proskauer representative.
While Lewis v. Clarke may provide cause for concern for tribal employees and for tribes that may be obligated to indemnify them, tribes can protect themselves by carefully reviewing and assessing their risk management programs and the sufficiency of their liability insurance policies, say Erica Dominitz and Venus Prince of Kilpatrick Townsend & Stockton LLP.
In Rizo v. Yovino, the Ninth Circuit recently applied a decades-old equal pay precedent, one that is likely to have little impact on private sector employers in California but that might be helpful to employers elsewhere in the circuit, says James McDonald Jr. of Fisher Phillips.
Ellen Pao’s 2015 gender discrimination and retaliation case against her then-employer Kleiner Perkins Caufield & Byers was a solid loss for Pao under California’s Fair Employment and Housing Act. But would it end the same way if she was able to file her claim under California’s newly amended Fair Pay Act provisions? The answer is not so clear, says Jacqueline Beaumont of Call & Jensen.
In the second installment of this two-part series on disruptive innovation among mid-size law firms, Jill Dessalines, founder of Strategic Advice for Successful Lawyers and former senior vice president at McKesson Corp., explores a number of ideas for keeping clients and maintaining market position.
American workers and families should cautiously applaud U.S. Department of Labor Secretary Alexander Acosta’s recent decision to allow partial implementation of the fiduciary rule to proceed. He recognizes the need to protect retirement investors, but the reality is that investors will still need to fight to keep this protection from predatory marketing practices, says Anil Vazirani, president and CEO of Secured Financial Solutions LLC.
Compared with many other areas of employment law, the law of noncompetition agreements has been relatively static. More recently, however, many states have turned their attention to noncompetes and considered significant changes in how they are used and enforced, say attorneys with Paley Rothman.
As I sat there listening, incredulous to learn that "Milkshake" was not only a real song but also a chart-topper, it reminded me of Harvard Business School Professor Clayton Christensen’s work on disruptive innovation — and how it pertains to mid-size law firms, says Jill Dessalines, founder of Strategic Advice for Successful Lawyers and former assistant general counsel of McKesson Corp.
For employers that feel handcuffed by what many view as overzealous interference from the National Labor Relations Board, two recent decisions reinforce the merits of what may be the best approach to defending against charges that challenge company policies, say Adam Abrahms and Christina Rentz of Epstein Becker Green.
A recent IRS memo states that payments made to participants under certain fixed indemnity health plans must be included in employees’ gross income, unless the premiums for such plans are paid on an after-tax basis. However, the memo does not address how employers should administer these taxable fixed indemnity payments, says Matt Gerard, in-house legal counsel at National Benefits Services.
Companies cannot risk failing to thoroughly investigate False Claims Act allegations. In doing so, however, companies should be wary of unintentionally waiving or failing to establish privilege. There are six common privilege pitfalls to avoid, say Daniel Chudd and Rachael Plymale of Morrison & Foerster LLP.