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Employment

  • June 20, 2018

    Littler Mendelson Adds Norton Rose Immigration Atty

    Littler Mendelson PC has added as a partner in its Toronto office an employment and immigration attorney who previously headed Norton Rose Fulbright Canada LLP's business immigration and international mobility team in Toronto, the firm has announced.

  • June 19, 2018

    NLRB Wants To Tackle Union Group's Class Waiver Questions

    The National Labor Relations Board urged the Seventh Circuit on Tuesday to remand a Hobby Lobby appeal over whether its arbitration agreements pass legal muster, saying that while the blockbuster Epic Systems ruling wiped out the board's initial rationale, numerous unanswered questions remain. 

  • June 19, 2018

    Reggie Bush Injury Award Likely To Spur Pro-Athlete PI Suits

    Former NFL running back Reggie Bush's $12.5 million award for a knee injury suffered at the Los Angeles Rams' former stadium in St. Louis could embolden players to bring more personal injury suits against teams, a tide the league will attempt to stem in the upcoming round of labor negotiations.

  • June 19, 2018

    Jones Day Sued Over Alleged Gender Bias, 'Fraternity Culture'

    A former Jones Day partner sued the firm in California court Tuesday for allegedly treating women as “second-class citizens,” providing preferential treatment to men and firing her for speaking out against its alleged “fraternity culture.”

  • June 19, 2018

    Bloomberg, Workers Move For $54.5M Settlement In OT Suit

    Bloomberg LP and a class of help desk representatives moved for a $54.5 million settlement in New York federal court Tuesday in a suit alleging the company wrongfully excluded them from overtime pay, according to the joint motion for settlement.

  • June 19, 2018

    Au Pair Wage-Rigging Collective Action Heads For Trial

    A Colorado federal judge refused Tuesday to enter judgment for former au pairs or the sponsoring agencies they accuse of colluding to set low pay rates in a Fair Labor Standards Act collective action, concluding that too many factual disputes remain to close out the case.

  • June 19, 2018

    US Trustee Challenges Navillus' Ch. 11 Equity Auction

    The federal bankruptcy watchdog on Tuesday blasted construction heavyweight Navillus Tile Inc.’s plan to auction off its equity with a $500,000 opening bid, saying the proposed bidding procedures give too much protection to the stalking horse bidder — who is also Navillus’ CEO.

  • June 19, 2018

    NLRB Validates NY Charter Worker's Union Decert Petition

    A National Labor Relations Board official has concluded that a Charter Communications Inc. employee could file a petition to decertify a union’s representation of workers in New York City since he was no longer a supervisor at the time the petition was filed, according to a decision issued Monday. 

  • June 19, 2018

    Biz Can't Challenge Arbitrator's Contract Tweak: 9th Circ.

    A split Ninth Circuit panel said Tuesday that an Arizona smelting company can’t challenge an arbitrator’s power to edit a collective bargaining agreement with a union after agreeing to arbitration, even though the contract bars the arbitrator from making any changes.

  • June 19, 2018

    Attys For Wells Fargo Rest Break Class Seek $24M In Fees

    The class counsel that helped 4,481 Golden State-based Wells Fargo home mortgage consultants who weren't paid for rest breaks win $97.3 million from the banking giant asked a California federal court Tuesday for $24.3 million in fees, saying their work scored their clients a quick, large payout.

  • June 19, 2018

    NFL's Texans Want Cheerleader Wage Suit Arbitrated

    The NFL's Houston Texans on Tuesday asked a Texas federal judge to send to arbitration the putative class action claims brought last month by a former cheerleader alleging wage and hour violations, citing an employment agreement requiring that such disputes be arbitrated.

  • June 19, 2018

    Verizon Didn't Fire Worker For Backing Union, DC Circ. Says

    The D.C. Circuit on Tuesday threw out a National Labor Relations Board decision to reinstate a Verizon employee fired for lying during an internal investigation, finding that the company didn't target her for being a union supporter.

  • June 19, 2018

    Union Bosses Sat On Sex Harassment Charge: NY Carpenters

    Two members of a carpenters union told a New York federal court Monday that the union's leadership didn't inform members about allegations that the union president had sexually harassed a female employee until after he won re-election in December.

  • June 19, 2018

    Amazon Accused Of Stiffing Delivery Workers On Overtime

    Amazon was hit Monday with a proposed nationwide collective action in Florida alleging the company violated federal labor laws by shorting employees on overtime pay when they delivered packages for the giant e-commerce site.

  • June 19, 2018

    9th Circ. Backs Arbitration In Ex-CVS Worker's Bias Suit

    The Ninth Circuit ruled that a former CVS Pharmacy Inc. pharmacist must arbitrate his claims that the company didn't give him an appropriate seating accommodation and illegally fired him because he was close to qualifying for certain retirement benefits.

  • June 19, 2018

    Pa. Justices OK Suit Over Worker's Past Drug Theft

    Pennsylvania's highest court on Tuesday cleared the way for patients of a Kansas hospital to pursue negligence claims against the University of Pittsburgh Medical Center after they allegedly contracted hepatitis from an employee in the Sunflower State who UPMC had caught stealing fentanyl syringes years before but whose conduct went unreported to federal authorities.

  • June 19, 2018

    UPS Can't Make Union Translate Draft Contract, NLRB Says

    The National Labor Relations Board ordered UPS’ supply chain division to bargain with a unit of Puerto Rican workers Monday, ruling it violated federal labor law by refusing to negotiate unless the workers helped pay to translate a proposed contract into English.

  • June 19, 2018

    Rutgers Whistleblower Row Revived Over Judge's Silence

    A New Jersey state appeals court on Tuesday revived a whistleblower suit against Rutgers University from an ex-employee alleging he was fired in retaliation for his objecting to the school's procurement methods, saying a trial court failed to spell out its reasons for dismissing the case and denying a bid to extend discovery.

  • June 19, 2018

    Ex-NBA Union Atty Joins DC AG As Senior Litigation Counsel

    A former general counsel of the National Basketball Players Association who helped ink a $70 billion collective bargaining agreement for the union has joined the Office of the Attorney General for the District of Columbia as senior counsel for litigation.

  • June 19, 2018

    A Chat With Holland & Knight CFO Mia Stutzman

    In this monthly series, legal recruiters at Major Lindsey & Africa interview management from top law firms about navigating an increasingly competitive business environment. Here we feature Mia Stutzman, chief financial officer at Holland & Knight LLP.

Expert Analysis

  • Series

    FLSA Turns 80: The Evolution Of 'Employee' Status

    Elise Bloom

    The Fair Labor Standards Act established minimum wage, overtime and record-keeping requirements for “employees” covered by the act. While this seems like a straightforward concept, the opposite is true because the statute does not provide a concrete definition of “employee” that lends itself to real-world application, say Elise Bloom and Noa Baddish of Proskauer Rose LLP.

  • Excise Tax Problems? Retirement Compensation May Help

    Lowell Walters

    Tax-exempt and governmental entities are now subject to a 21 percent excise tax on excess compensation and severance pay given to their five most highly paid employees. If done with care, converting compensation to retirement plan contributions can help reduce or avoid these excise taxes, says Lowell Walters of Carlton Fields.

  • NJ Construction Employers Must Prepare For Crackdown

    Kevin O’Connor

    New Jersey Gov. Phil Murphy recently signed a new executive order turning up the heat on construction companies that misclassify employees as independent contractors. Moving forward, New Jersey construction firms may face the kind of scrutiny that New York contractors have seen for several years now, say Kevin O'Connor and Joseph Vento of Peckar & Abramson PC.

  • Series

    FLSA Turns 80: Causes Of Growth In Wage And Hour Cases

    Richard Alfred

    Since the turn of the 21st century, the number of Fair Labor Standards Act lawsuits filed in federal court has increased by more than 300 percent. A confluence of four key factors resulted in this explosion of wage and hour litigation, say Richard Alfred and Kyle Petersen of Seyfarth Shaw LLP.

  • Timely File Payroll Taxes Because The IRS Is Watching

    Michael DeBlis

    After a study showed widespread noncompliance, the IRS has begun taking a tougher stance on employers' failure to timely meet payroll tax filing and payment requirements. Defenses for failure to comply are few, the penalties are stiff, and liability can be personal, so advisers should have clients respond to IRS inquiries with extreme care, says Michael Deblis of Deblis Law.

  • Series

    Masterpiece Cakeshop: What Did The Baker Win?

    Andrew Koppelman

    The U.S. Supreme Court's decision in Masterpiece Cakeshop v. Colorado Civil Rights Commission granted victory to the cake shop owner, but on such narrow grounds that it won’t protect other religious dissenters from anti-discrimination laws. And it’s not generally understood how minuscule the victory is, says Andrew Koppelman, professor of law and political science at Northwestern University.

  • The Latest On State-Level Noncompete Reform

    Kevin Burns

    Since the White House’s “call to action” for state restrictive covenant reform, over a dozen states have proposed and enacted laws reforming their use by employers. As more and more states answer the “call” and alter an already inconsistent legal landscape, employers that use these types of agreements should review them to ensure compliance, say Kevin Burns and Brian Ellixson of Fisher Phillips.

  • Impediments To Legal Industry's 'Inevitable' Future: Part 2

    Craig Levinson

    I agree with the legal pundits speculating that NewLaw’s present and future disruptors will radically change the legal services industry, but that change may not come quite as rapidly as predicted. Regardless, now is the time for both the incumbents and the challengers to best position themselves for the eventual shakeup, says Craig Levinson, founder of Levity Partners.

  • Legal Risks For Consumer Products Cos. In 2018: Part 2

    Erin Bosman

    A recent survey of companies in the consumer products space reveals caseloads and issues of concern, the growing influence of the Federal Trade Commission, and trends in corporate legal departments’ budgeting, say Erin Bosman and Julie Park of Morrison & Foerster LLP.

  • Negligent Hiring And Supervision Can Be An 'Accident'

    Tyler Gerking

    The California Supreme Court's decision in Liberty v. Ledesma strengthens insureds' rights to coverage under general liability policies and establishes that they are entitled to a defense where the injury alleged was unintended and unforeseen from the insured's perspective, say Tyler Gerking and David Hofmayer of Farella Braun & Martel LLP.