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Employment

  • October 12, 2018

    NLRB Gives Lumber Co. Win Over Union In Jobs Dispute

    International Longshore and Warehouse Union members were not owed jobs at a newly opened lumber shipping facility in Oregon and violated labor law by picketing when Southport Lumber Co. gave the work to its nonunion employees, a National Labor Relations Board panel said on Thursday.

  • October 12, 2018

    6th Circ. Refuses To Rehear Fiat Worker's Race Bias Suit

    The Sixth Circuit has refused to rehear the racial discrimination case of an African-American clay modeler at Fiat Chrysler whose case was dismissed because she did not list her potential civil claims when filing for bankruptcy as required, even though she had yet to file her suit at that point.

  • October 12, 2018

    Pa. Utility Contractor Cited For Electrocution Incident

    The U.S. Occupational Safety and Health Administration has slapped a Pennsylvania utility contractor with more than a quarter-million dollars in fines after several workers suffered electric shocks, one fatally, at a job site in April, the agency said Friday.

  • October 12, 2018

    Class Attys Defend 'Boss, Give Money' Notice On WeChat

    Attorneys bringing a proposed class action accusing a New York City car service of violating the Fair Labor Standards Act have argued that they should not be sanctioned for posting a notice of the case on the Chinese social media site WeChat in a post titled “Boss, Give Money.”

  • October 12, 2018

    McDonald's Slams Ex-Bush Atty's Call For NLRB Recusals

    McDonald’s has told the National Labor Relations Board to ignore a call by President George W. Bush's chief ethics lawyer for members John Ring and Bill Emanuel to sit out a closely watched joint employment case, saying his legal arguments are flawed and possibly motivated by his opposition to President Donald Trump.  

  • October 12, 2018

    $3.5M Verdict In NJ Corrections Agency Bias Row Upended

    A New Jersey state appeals court on Friday upended a more than $3.5 million jury verdict for a corrections officer in his racial discrimination suit against the state Department of Corrections, finding that improper evidentiary rulings deprived the agency of a fair trial.

  • October 12, 2018

    Attys Spar Over Sanctions Bids In Appeal Of $7.5M Uber Deal

    Attorneys representing objectors to a $7.5 million settlement in a California suit alleging Uber Technologies Inc. violated the Fair Credit Reporting Act by conducting background checks without drivers' knowledge told the Ninth Circuit that the settling class counsel’s “unethical” and “outrageous” actions are muddying their appeal.

  • October 12, 2018

    NLRB Blesses DuPont's Unilateral Benefits Changes

    DuPont did not break federal labor law when it tweaked union workers’ health benefits without advance notice, the National Labor Relations Board said Thursday in a split, published order reversing a two-year-old ruling that set since-outmoded precedent.

  • October 12, 2018

    USCIS Overstepping Authority With H-1B Regs, IT Group Says

    U.S. Citizenship and Immigration Services is violating various federal regulations by requiring that employers seeking to use H-1B visas list upfront where and when employees will work during the time the worker will use the visa, an information technology trade organization said in District of Columbia federal court on Thursday.

  • October 11, 2018

    Fidelity Asks 1st Circ. To End Decade-Old Whistleblower Case

    Fidelity Investments has asked the First Circuit to uphold a jury verdict absolving the company of terminating a finance director who won whistleblower protections from the U.S. Supreme Court then lost her claims of retaliation at trial, calling for the end of the former employee’s decade-old lawsuit.

  • October 11, 2018

    DOL Recovers $2.5M In Wages From 4 Employers

    The U.S. Department of Labor recently recovered about $2.5 million in back wages for workers over four investigations, the agency announced this week.

  • October 11, 2018

    Sexual Assaults Occurred At WeWork Events, Ex-Worker Says

    WeWork sponsors booze-fueled social events for employees where it’s “only a matter of time until someone gets raped,” according to a lawsuit filed in New York state court Thursday by a former employee who claims she was sexually assaulted twice by colleagues at such gatherings.

  • October 11, 2018

    Disney Nixes Anaheim Hotel Amid Minimum Wage Ballot Row

    Disneyland Resort has announced it is canceling its Anaheim luxury hotel plans over the California city’s perceived unstable business climate, as debate continues over whether the company will need to comply with a referendum requiring tax subsidy recipients to pay an increased minimum wage.

  • October 11, 2018

    Amazon Eyes Escape From Job Applicants' Age Bias Suit

    Amazon.com Inc. asked a California federal judge on Thursday to nix a retooled proposed class action accusing it of placing job ads on Facebook that were illegally hidden from older workers, saying it never impaired workers from learning or applying for employment. 

  • October 11, 2018

    Co. Has Duty To Asbestos Worker's Family, Va. Court Finds

    Employers do owe a duty to family members of workers who may face exposure to asbestos through the workers’ clothing, the Virginia Supreme Court said Thursday in deciding a certified question sent from Virginia federal court.

  • October 11, 2018

    Ex-Grubhub Driver Says Dynamex Unwinds Wage Trial Loss

    A former Grubhub driver asked a California federal judge on Thursday to revive allegations that he was misclassified as an independent contractor, saying that had the California Supreme Court's Dynamex decision changing the state’s test for employment status come out a few months earlier, he would have won his bench trial.

  • October 11, 2018

    Dems Press NLRB Chair For Joint Employer Transparency

    National Labor Relations Board Chairman John Ring was pressed Wednesday by two top congressional Democrats to make public a wide swath of information about its proposed rule to clarify the standard for determining joint employment, including whether the agency finished an ethical review before starting the regulatory process.

  • October 11, 2018

    In High Court Row, BNSF Says Damages To Ex-Worker Taxable

    BNSF Railway Co. told the U.S. Supreme Court on Wednesday that compensation for a former employee’s lost time following a workplace injury is taxable under a railroad retirement law, responding to the worker’s assertion that it isn’t taxable because no work was actually done to receive the payment.

  • October 11, 2018

    Texas Justices Told NDA Suit Beats Anti-SLAPP Dismissal Bid

    A paramedic training company trying to revive claims that a former employee smeared its reputation in violation of a nondisclosure agreement told the Texas Supreme Court in oral argument on Thursday that it has shown enough evidence of damages for its case to move forward.

  • October 11, 2018

    Trader Can't Sway 7th Circ. To Revive Suit Over Firing

    A former Jefferies LLC metals trader didn't do enough to maintain a suit alleging his supervisor encouraged him to pursue trades the firm wouldn't approve, which then led to his firing, the Seventh Circuit held Thursday.

Expert Analysis

  • Tax Benefits Of Structured Settlements In Employment Cases

    Lars Johnson

    With employment cases on the rise and many statutory provisions favoring plaintiffs, there are settlement-related tax implications that plaintiffs attorneys should be aware of and plan ahead for, say Lars Johnson of Signature Resolution and David Lesser of Millennium Settlements.

  • Tips For Offering Student Loan Benefits Under 401(k) Plans

    Richard Chargar

    The IRS recently allowed an employer to make nonelective 401(k) plan contributions for employees repaying student loans. This private letter ruling is instructive for other employers wishing to provide similar tax-favored benefits for employees unable to contribute to their retirement savings, say attorneys at Kelley Drye & Warren LLP.

  • 8 Innovative Ways To Empower Jurors

    Christopher Campbell

    Much time and attention have been focused on improving lawyers' abilities to communicate with and persuade juries in complex trials. But it is equally important to equip and prepare jurors to become better students in the courtroom, say attorneys with DLA Piper and Litstrat Inc.

  • Navigating The New Mass. Noncompete Morass

    Erik Weibust

    Massachusetts' new noncompete law will take effect on Oct. 1. Erik Weibust and Robert Fisher of Seyfarth Shaw LLP address some of its more confusing provisions and how employers can comply without major disruption to how they are currently doing business.

  • Cloud Computing Clearly The Future For Small Firms

    Holly Urban

    While in-house technology investments on the scale and complexity needed to compete with large firms remain cost prohibitive for small and midsize law firms, cloud-based services offer significant cost savings and productivity gains with little to no capital investment, says Holly Urban of Effortless Legal LLC.

  • Roundup

    Navigating NLRB

    Navigating NLRB

    Employers today face a host of modern labor law issues amid a continually changing political and legal landscape. In this Expert Analysis series, former National Labor Relations Board members provide insights on recent issues before and within the board.

  • EEOC And NLRB Inconsistent On Confidential Investigations

    Mehreen Rasheed

    Although the U.S. Equal Employment Opportunity Commission recommends that employers maintain the confidentiality of internal sexual harassment investigations to the extent possible, this recommendation may conflict with a 2012 ruling by the National Labor Relations Board, says Mehreen Rasheed of Katz Marshall & Banks LLP.

  • Leveraging Today's Lateral Associate Market

    Darin Morgan

    With the Milbank/Cravath pay scale once again equalizing compensation at many Am Law 100 firms, there is even more pressure for firms to differentiate themselves to top lateral associate candidates. This presents strategic considerations for both law firms and lateral candidates throughout the recruitment process, says Darin Morgan of Major Lindsey & Africa.

  • Series

    Navigating NLRB: The Intersection Of Politics And Policy

    Brian Hayes

    Several practical considerations have rendered the process of populating the National Labor Relations Board increasingly partisan. But even in the absence of curative legislation, there are some measures that could improve the practice, says Brian Hayes, former member of the NLRB and shareholder at Ogletree Deakins Nash Smoak & Stewart PC.

  • Q&A

    Back To School: Stanford's Jeff Fisher Talks Supreme Court

    Jeffrey Fisher

    In this series featuring law school luminaries, Stanford Law School professor Jeffrey Fisher discusses his motivation for teaching, arguing before the U.S. Supreme Court and what the court might look like if Judge Brett Kavanaugh is confirmed.