Employment

  • May 18, 2018

    Ex-Server At NYC Eatery Drops Worker Mistreatment Suit

    A former server at Manhattan’s acclaimed French seafood restaurant Le Bernardin has ended her proposed class action against the company less than four months after filing it, with a New York federal judge dismissing on Thursday her allegations that the eatery and its owners mistreated employees and ignored sexual harassment.

  • May 18, 2018

    9th Circ. Affirms Staffing Agency's 2nd Try At $4.5M Deal

    The Ninth Circuit affirmed a $4.5 million settlement resolving wage and meal break claims between Labor Ready Southwest Inc. and a class with more than 200,000 members after rejecting the parties’ earlier agreement, finding Friday that the district court adequately examined the deal’s fairness the second time around.

  • May 18, 2018

    Summer Dress Codes: 5 Tips For Employers

    With summer just on the horizon, many employers will make it easier for workers to beat the heat by relaxing dress codes to allow for more casual attire. And while companies have ample legal leeway to loosen the reins on office garb, attorneys say there are still plenty of ways they can trip up. Here, Law360 looks at five things employers should keep in mind when implementing summer dress codes.

  • May 18, 2018

    Chicago Wine Bar Denies 'Copycatting' NYC Restaurant Group

    Two former employees of a New York group of Italian restaurants and wine bars that is suing them for trademark claims under the Lanham Act have urged an Illinois federal court not to close their new Chicago wine bar, arguing the startup’s design and menu are not "copycat" versions that violate the group’s trade dress.

  • May 18, 2018

    Feds Double Down On Union Boss' Graft Retrial

    Manhattan federal prosecutors on Thursday beefed up their case against New York City labor boss Norman Seabrook with a new fraud charge, ahead of a coming retrial over accusations that he took bribes from Platinum Partners in exchange for his union’s investment in the hedge fund.

  • May 18, 2018

    Tesla Whistleblower Suit Paused Amid Arbitration Bid

    Tesla Inc. has been pushing back on a retaliation suit in New Jersey federal court brought by a former employee who said he was demoted and ultimately fired for reporting that the company was selling damaged cars to unsuspecting customers, with the automaker claiming he’s bound by an arbitration clause.

  • May 18, 2018

    Del. Justices OK Toss Of $13M Viacom-Redstone Pay Suit

    The Delaware Supreme Court upheld the dismissal Friday of a shareholder derivative suit that accused the directors of Viacom Inc. of engaging in self-dealing by awarding unearned compensation to ailing board member Sumner Redstone despite his lack of involvement with the company.

  • May 18, 2018

    DOT Aims To Ax Truckers' Bid To Expand Safety Records Suit

    The U.S. Department of Transportation told a D.C. federal court Thursday that independent commercial truck drivers should not be allowed to expand the scope of their suit alleging the DOT mishandled safety citation records that hurt truckers' job prospects and business reputations.

  • May 18, 2018

    OSHA Floats Changes To Crane Operator Qualification Rules

    The Occupational Safety and Health Administration said Friday it is looking to make changes to the certification and evaluation process for crane operators, floating a proposal requiring additional employer evaluations and limiting lifting capacity certification provisions.

  • May 18, 2018

    Motorola Can't Examine Computers In Trade Secret Row

    An Illinois federal magistrate judge rejected Motorola’s bid to examine the computers of workers at a Chinese radio manufacturer in a trade secret battle, saying the discovery had gone far afield of the statutes of limitation question it was meant to address.

  • May 18, 2018

    Drone Maker Hushed Up Bomb-Laden Flight: Whistleblower

    A defense contractor that makes weaponized drones for the military has been accused in California state court of firing an employee who tipped off federal investigators about the company's efforts to cover up an incident in which a worker traveled on a commercial flight with a drone containing a bomb, according to a lawsuit unsealed Friday. 

  • May 18, 2018

    NJ Judges Get $8K Pay Raise Under Law Signed By Gov.

    New Jersey judges will get annual pay increases of $8,000 — their first raise in almost a decade — under legislation that Gov. Phil Murphy signed into law Friday, the same day the state’s chief justice hailed his colleagues’ dedication and efforts while speaking at the state bar association convention.

  • May 18, 2018

    Scholarship Recipient's Wage Suit Against NCAA Time-Barred

    A Pennsylvania federal judge on Thursday dismissed as time-barred a proposed class action alleging the National Collegiate Athletic Association and 20 Division I schools owe college athletes who received athletic scholarships unpaid minimum wages.

  • May 18, 2018

    Calif. Hospital Must Reinstate Canceled Raises, DC Circ. Says

    A California hospital violated federal labor law by canceling anniversary raises for a group of registered nurses without permission from the Service Employees International Union local that represents them, the D.C. Circuit said Friday in an opinion enforcing a National Labor Relations Board order.

  • May 17, 2018

    Bruce Willis’ $5M Fee Win Reversed By Calif. Court

    Bruce Willis can’t force a film producer to pay a $5 million arbitration award the producer’s company owes the actor, a California appellate court ruled Thursday, finding that because the producer hadn’t signed the film contract personally, he wasn’t required to pay up.

  • May 17, 2018

    Female Law Profs To Get $2.7M In EEOC Unfair Pay Suit

    The U.S. Equal Employment Opportunity Commission won a Colorado federal judge's approval Thursday for a deal requiring the University of Denver's Sturm College of Law to pay nearly $2.7 million to end a suit alleging it paid female law professors less than their male counterparts.

  • May 17, 2018

    DC Metro To Investigate Concrete Used On $1.8B Rail Project

    Washington, D.C.’s transit authority will investigate the condition of concrete panels used in the ongoing $1.8 billion Silver Line rail project, the agency’s CEO said Thursday, days after a federal court unsealed a False Claims Act suit accusing a subcontractor of covering up shipments of subpar concrete.

  • May 17, 2018

    Ute Tribe, Ex-Worker Denied Sanctions In Contract Row

    A Utah federal judge on Thursday rejected sanctions sought by both the Ute Indian Tribe and a former tribal employee in a contract dispute between them, but ordered both sides to “adjust their tone and rhetoric” to meet state standards in the heated litigation.

  • May 17, 2018

    Attys Skeptical Of NJ Ban On Secret Sex Harassment Deals

    Pending New Jersey legislation that would bar employers from forging confidential sexual harassment settlements could be more harmful than helpful to victims, according to attorneys who spoke Thursday about how the #MeToo movement is shaping law in the Garden State and elsewhere.

  • May 17, 2018

    Transpo Cos. Brace For Post-Dynamex Legal Onslaught

    The California Supreme Court's recent Dynamex decision upending the standard for determining whether workers are employees or independent contractors will trigger a fresh wave of misclassification lawsuits against trucking, logistics, port service and gig-economy companies, attorneys say, forcing many to re-evaluate their business models.

Expert Analysis

  • The Slightly Changing Landscape Of Tenn. Employment Laws

    Stephen Price

    In the immortal words of rock band The Pretenders, "some things change, some stay the same." The latter has generally been an accurate description of Tennessee employment laws in the 21st century, but employers should note several recent exceptions, says Stephen Price of Burr & Forman LLP.

  • 4 Takeaways From Failed Wrongful Termination Claims

    Brian Hall

    In Bailey v. Oakwood Healthcare, the Sixth Circuit recently rejected an appeal from a summary judgment order on claims of pregnancy, race and age discrimination and retaliation. Employers can rely on the decision for several propositions, says Brian Hall of Porter Wright Morris & Arthur LLP.

  • Series

    Judging A Book: Berzon Reviews 'We The Corporations'

    Judge Marsha Berzon

    My advice to prospective clerks will now include the suggestion that they read Adam Winkler's new book, "We the Corporations: How American Businesses Won Their Civil Rights," for the same reason I recommend taking a corporations course — appreciating the critical role of business corporations in American life and law, says Ninth Circuit Judge Marsha Berzon.

  • HUD's Increased Use Of Split-Wage Decisions Is Troubling

    Christopher Ruhman

    The U.S. Department of Housing and Urban Development's Office of Davis-Bacon and Labor Standards has introduced a $1 million cost threshold for assigning separate wage determinations. This threshold results in confusing, costly and administratively burdensome split-wage decisions on residential projects, says Christopher Ruhman of Peckar & Abramson PC.

  • What ABA’s Position On Harassment Means For Employers

    Minjae Song

    In the #MeToo era, the American Bar Association’s recently passed Resolution 302 is a reminder of harassment policy best practices to all employers, and it should be of particular interest to employers in the legal industry, say attorneys with Hunton Andrews Kurth LLP.

  • Unanswered Questions After Dynamex, And What Lies Ahead

    Richard Reibstein

    When the California Supreme Court issued its groundbreaking decision in Dynamex v. Superior Court of Los Angeles County on April 30, announcing a new test for independent contractor status under certain California laws, it left open a host of questions that are likely to vex lawyers, businesses and workers, say Richard Reibstein and Nina Huerta of Locke Lord LLP.

  • Practical Considerations For Litigating Proportionality

    Elizabeth McGinn

    By incorporating an explicit requirement that discovery must be “proportional to the needs of the case,” the 2015 amendments to the Federal Rules of Civil Procedure garnered much speculation as to their impact on courts’ decision-making processes. Now that the rules have been implemented for over two years, several themes have emerged, say attorneys with Buckley Sandler LLP.

  • Planning For New IRC Section 1061: Part 2

    Scott Dolson

    The views of tax professionals and the IRS interpreting Internal Revenue Code Section 1061 are rapidly evolving in the aftermath of hurriedly adopted legislation. While future corrective legislation and agency interpretations may target planning, the statute in its current form provides opportunities for taxpayers to work around the negative consequences of the new three-year holding period for certain carried interests, say attorneys at Frost Brown Todd LLP.

  • Hourly Employee Pay In Calif. Hangs In The Balance

    Grant Alexander

    On Tuesday the California Supreme Court heard oral arguments in Troester v. Starbucks, a case that questions whether the de minimis doctrine applies to wage claims made under the California Labor Code. The court's decision may drastically change how employers do business in the state, says Grant Alexander of Alston & Bird LLP.

  • Supporting Nontraditional Data Types In E-Discovery

    Jason Paroff

    The advancement in connected technologies and software has created an explosion of nontraditional data sources that present challenges to e-discovery practitioners. Many tools and techniques used to process traditional data may not be practical for these new data types, say Jason Paroff and Sagi Sam of Epiq.