A man who was fired from a LyondellBasell refinery after what he alleges was a false positive test for cocaine cannot revive his lawsuit against the company claiming its negligence caused the result, a Texas appellate court held Thursday.
Members of a proposed class of more than 10,000 female tax and advisory department workers suing KPMG LLP for allegedly underpaying them asked a New York federal judge Thursday to reconsider her denial of class certification, saying the court had misread a statistical analysis by their expert witness.
The Fifth Circuit on Thursday revived a suit accusing an Alcoa Corp. unit of negligently causing an aluminum plant worker’s chemical burns, saying the case belongs in Texas state court.
California Assemblywoman Melissa Melendez has announced proposed legislation that would loosen the criteria employers use to classify workers as independent contractors, undoing the state Supreme Court’s landmark Dynamex decision from earlier this year.
White & Case LLP is whittling down the pay gap between male and female partners in its London office, according to data voluntarily disclosed by the U.S. law firm along with information required by the United Kingdom’s Equality Act.
A California federal judge on Wednesday refused to trim a suit accusing staffing services provider Insight Global LLC of firing a former employee to sidestep about $345,000 in deferred compensation he was owed under the company's employee benefit plan and improperly pushing illegal nonsolicitation pacts on its workers.
Shipping giant XPO Logistics is facing vocal criticism over allegations that it mistreated pregnant workers, underscoring the need for companies to do right by employees who are expecting. Here, experts share three tips for employers looking to follow the law and stay out of the headlines.
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 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.
Attorneys at Albert Einstein College of Medicine, Perkins Coie LLP and the Healthcare Association of New York State reflect on lessons they learned the hard way when transitioning to in-house counsel positions.
The virtual law team was created as a necessary response to mass tort litigation — however, with advances in technology and ever-increasing specialization of the legal practice, the model should be considered in multiplaintiff litigation of any size, say attorneys at Faegre Baker Daniels LLP.
Pop-up locations are a fun and effective way to engage new clients and increase brand awareness while keeping overhead costs low. These temporary retail stores involve both customary and unique legal issues for retailers to consider when structuring a pop-up campaign, say attorneys at Perkins Coie LLP.
The construction industry is booming and is expected to continue to grow as we head into 2019, but many employers are still falling short when it comes to protecting their employees under the Occupational Safety and Health Act, says Astrid Guardado of Becker & Poliakoff PA.
The U.S. Supreme Court's Bristol-Myers Squibb opinion left open the question of whether the personal jurisdiction holding extends to nationwide class actions. While no circuit court of appeals has weighed in, the Fifth Circuit and the D.C. Circuit are on the verge of doing so, say Ted Holt and Mary Caroline Wynn of Maynard Cooper & Gale PC.
Attorneys drafting asymmetric arbitration and jurisdiction provisions, particularly for consumer and employment contracts, must ensure that these provisions are valid in the jurisdictions where all parties are located, not only in the jurisdiction chosen by the contract, say Bruce Paulsen and Jeffrey Dine of Seward & Kissel LLP.
The Fifth and Ninth Circuits disagree over whether a merchant seaman can recover punitive damages for the common law maritime claim of unseaworthiness. The U.S. Supreme Court should agree to review Batterton v. Dutra, and restore certainty for shipowners, say attorneys with King & Spalding LLP.
U.S. Equal Employment Opportunity Commission v. IXL Learning — where in California federal court the EEOC unsuccessfully alleged a fired transgender employee suffered unlawful retaliation — is far from the first example of a Glassdoor review taking center stage in an employment-related lawsuit, and it certainly will not be the last, says Alexander Batoff of Obermayer Rebmann Maxwell & Hippel LLP.