Two Massachusetts small businesses have urged the U.S. Supreme Court to take up their challenge to a state ban on corporate contributions to political campaigns, calling the law “unfair” since the prohibition doesn’t extend to labor union contributions.
The U.S. Supreme Court's ruling that public nonunion employees are safe from paying so-called fair-share fees doesn't change the fact that a group of home health care workers can't challenge their union fees collection as a class, the Seventh Circuit held Thursday.
A Volkswagen employee alleging that the company implemented a policy to shed older workers as part of a rebranding strategy urged a Tennessee federal judge Thursday to order the automaker not to carry out the plan or keep him from advancing in his career.
A Texas appeals court has sided with Texas Tech University in its spat with an investigative journalist, ruling that a trial court was wrong to deny the school’s challenge to its jurisdiction.
Ogletree's Evan Moses uses unconventional strategies to boost the firepower of his class action practice, including a homegrown Monte Carlo algorithm, earning him a spot on our 2018 list of Data-Driven Lawyers.
Payroll services provider ADP LLC urged an en banc California Supreme Court panel on Wednesday to reverse a lower court's ruling allowing employees to pursue tort claims against payroll providers for alleged wage violations, arguing the decision could have "profound ramifications on the industry."
The National Labor Relations Board held Tuesday that allegations concerning the language in a 2011 arbitration agreement from an Applebee's franchisee flouted the National Labor Relations Act weren’t time-barred, though the board did deny the NLRB general counsel’s bid for a quick win on the claim.
A Texas appeals court has revised an earlier ruling that wiped out a $2.8 million judgment for an offshore oil rig worker injured on the job, saying the worker is entitled to a new trial “in the interest of justice.”
A former cocktail waitress at the Rose Bar, an exclusive Manhattan nightclub known for its celebrity clientele, said in a proposed class action filed Tuesday that the club’s management required the women — and only the women — to share their tips with male coworkers, telling the women it was because “you girls make too much money.”
A BP PLC unit’s decision to bar an employee from returning to work after a stroke didn’t amount to disability discrimination because the company was following the opinions of two different doctors, the Sixth Circuit found in a decision on Tuesday throwing out the worker’s suit.
A footnote in a recent ruling rejecting class certification in a long-running pay equity suit against accounting giant KPMG posed an intriguing question: Does the U.S. Supreme Court's Wal-Mart v. Dukes decision have a blind spot when it comes to "implicit bias" and pay decisions?
The University of Chicago must recognize the collective-bargaining rights of students employed at the school’s libraries, despite the university’s contention that federal labor law doesn’t give the students the right to unionize, the National Labor Relations Board ruled Tuesday.
An attorney sued over unpaid fees by a former partner who was suspended after serving time for an assault conviction filed a motion Tuesday in Massachusetts federal court to remand the case to state court after retaining new counsel that argues federal courts no longer have jurisdiction over the matter.
A former Papa John’s worker has sued the chain in New York federal court in the latest proposed class action to target allegedly anti-competitive deals prohibiting fast-food franchise members from poaching workers, with the new complaint contending Papa John’s’ deals are even worse than other no-poach agreements already dubbed "per se" illegal.
A California federal judge on Wednesday signed off on a $1.75 million deal ending the U.S. Equal Employment Opportunity Commission’s suit accusing the Family HealthCare Network of illegally discriminating against pregnant employees.
Three restaurant industry groups have lobbed a challenge against New York City’s Fair Workweek Law requiring fast-food businesses to give employees a two-week advance notice of work schedules, urging a state court to declare that state labor law governs restaurant scheduling.
Kilpatrick Townsend’s Kate Gaudry has used data analytics to supercharge her patent prosecution practice, uncover winning strategies for portfolio management and expose a secretive U.S. Patent and Trademark Office program, earning her a spot on our 2018 list of Data-Driven Lawyers.
Counsel for a class of Walmart workers seeking more than $200 million for missed meal breaks and incomplete pay stubs was chastised by U.S. District Judge Lucy Koh at the end of a bench trial Tuesday for asking her to look for evidence in the record, at one point snapping, "I am not co-plaintiff counsel.”
A Ninth Circuit panel offered a mixed ruling Tuesday in a U.S. Department of Labor suit against a union's former business manager accused of conspiring with his lover — the union benefit funds' attorney — to force out a whistleblower, deciding that retaliation occurred but not a fiduciary breach.
The U.S. Department of Labor misconstrued a survey it used to justify proposing a rollback of a rule limiting the work teenagers can perform in nursing homes and hospitals, the National Employment Law Project said Monday, touting its copy of data it said the agency withheld.
At least 29 Texas lawmakers have vowed to introduce legislation in January that would prohibit local governments from implementing paid sick leave ordinances. However, it likely would not let employers completely off the hook, as U.S. workers may see some form of federal paid leave soon, says Steve Roppolo of Fisher Phillips.
Gundy v. U.S. is a case that hinges on the nondelegation doctrine. The oral argument featured U.S. Supreme Court justices seemingly stretching to find the “intelligible principle” required to legitimate a congressional delegation of authority to a federal agency, says William Araiza of Brooklyn Law School.
Is an employer liable to an employee who gets injured or injures someone else while using an electric scooter for business purposes? As this mode of transportation's popularity continues to grow, Sue Schaecher of Fisher Phillips discusses how employers can reduce exposure to liability and steps they can take to protect employees.
The U.S. Supreme Court will soon decide on three pending petitions for certiorari involving questions of sexual orientation and transgender status as a subset of unlawful “sex” discrimination. Allison Oasis Kahn of Carlton Fields examines how the court's involvement could affect the administration’s push to narrow LGBTQ protections.
The U.S. Department of Labor recently issued a new edition of its Labor Condition Application — a prerequisite for the proper filing of an H-1B petition — prompting several changes that will impact future filings, says Miatrai Brown of Erickson Immigration Group.
Permitting jurors to submit written questions, or even to pose questions orally to witnesses on the stand, advances several important goals and promotes both fairness and efficiency, says Matthew Wright of McCarter & English LLP.
There is something to be said for and against all of the various approaches taken to address the nettlesome problem of noncompetes. But little can be said to justify what we now have — a complex quilt work of varying laws and rules, say Steven Kayman of Proskauer Rose LLP and Lauren Davis, a law clerk with the New Jersey Superior Court.
The California Supreme Court's recent decision in Sheppard Mullin v. J-M Manufacturing has cast doubt on arbitration clauses in attorney engagement agreements, jeopardizing the efficient resolution of malpractice claims and fee disputes, say Sharon Ben-Shahar Mayer and Mark Drooks of Bird Marella Boxer Wolpert Nessim Drooks Lincenberg & Rhow PC.
A recent proposal to expand the use of employer-funded health reimbursement arrangements is part of a larger shift from defined benefit to defined contribution health plans. The change would give employers greater flexibility in structuring such plans, thus increasing the options available to employees, says Elliot Dinkin of Cowden Associates Inc.
With its recent decision in Fred Zuckerman v. Matthew G. Bevin, the Kentucky Supreme Court upheld the constitutionality of the state right-to-work law passed in 2017. David Miller of Bryant Miller Olive PA discusses the implications for unions, especially in light of the U.S. Supreme Court's Janus decision.