The U.S. Chamber of Commerce, the American Bankers Association and other amici on Friday urged the U.S. Supreme Court to reject a Ninth Circuit decision finding mortgage underwriters were entitled to overtime, saying the conclusion departs from the long-standing application of U.S. Department of Labor rules.
Free-agent quarterback Colin Kaepernick has filed a labor grievance alleging the NFL and its teams have colluded to keep him out of the league for spearheading national anthem protests last season, a charge that could destabilize the league’s labor agreement if he can manage to prove it.
The Ninth Circuit on Monday found a $500,000 mortgage provided by an employer to induce a man to relocate to a new job is not consumer debt for Chapter 7 purposes.
A D.C. federal court should halt the Trump administration’s plan to reinstate an unconstitutional ban against transgender members of the military, as it would discriminate against capable recruits without providing any proven benefits to the armed forces, 15 state attorneys general argued Monday.
A group of 17 insurance companies from the U.S., Europe and Canada sued Saudi Arabia, two Saudi financial institutions and the construction company founded by Osama bin Laden’s father on Friday in New York federal court over their alleged roles in the 9/11 terrorist attacks, seeking compensation exceeding $1.5 billion.
The Sixth Circuit ruled Monday that merged luxury airlines Flight Options LLC and Flexjet LLC have to arbitrate a dispute with the Teamsters over whether Flexjet pilots must be added into an existing collective bargaining agreement before changes covering both sets of pilots can be negotiated.
A New York lawmaker on Monday announced her plan to introduce legislation that would deny tax credits to businesses that ignore sexual harassment, noting that producer Harvey Weinstein’s company received film production benefits in the state before it fired him amid a series of sexual assault and harassment accusations.
Thousands of class members affected by seven Bon Secours Health System Inc. pension plans that were allegedly in violation of the Employee Retirement Income Security Act asked a Maryland federal court Friday to give final approval to a settlement that would require the health care organization to provide $98.3 million to bolster funding.
Fresenius Medical Care can’t scrap parts of the federal government’s complaint in a False Claims Act suit over allegedly unnecessary hepatitis B tests billed to Medicare, a Massachusetts federal magistrate judge said Friday, rejecting arguments that the government can’t add claims that weren’t in the whistleblower’s original filing.
Class counsel in multidistrict National Football League concussion litigation on Friday urged a Pennsylvania federal judge to rule that an uncapped settlement agreement prohibits players from assigning their payouts to a third party, hitting back at claims by a settlement advance firm accused of scamming NFL retirees with high-cost loans.
A group of FedEx Ground Package System Inc. delivery drivers told a New York federal judge Friday that they’ve similarly claimed the company shorted them on pay by misclassifying them as independent contractors and should be allowed to proceed as a class.
A Pennsylvania state judge on Friday agreed to temporarily bar a group of ex-Wells Fargo Insurance Services USA Inc. employees from attempting to lure away any of the company’s clients to their own newly formed insurance business.
Ford workers suing over alleged sexual harassment at two of the automaker’s Chicago plants asked an Illinois federal judge on Monday to block Ford from sending out notices of its settlement of similar claims by the U.S. Equal Employment Opportunity Commission, arguing the deal undercuts the workers' case.
A Council of Economic Advisers report released Monday claimed the proposed cut in the corporate tax rate from 35 percent to 20 percent, under the Unified Framework outlining the Republican tax reform plan, could in the medium term boost average household income between $4,000 and $9,000 annually.
A group of former employees suing defunct RadioShack over botched mass layoffs urged a Delaware bankruptcy court Monday to shoot down the electronic retailer’s proposed Chapter 11 plan, saying it provides no information on how RadioShack will pay for the proposed class action if the laid-off workers prevail.
PharMerica Inc. and two whistleblowers accusing the company of accepting kickbacks from drugmaker Organon USA Inc. on Friday sparred in Massachusetts federal court over whether the relators are eligible to bring a False Claims Act lawsuit, as the company claims they didn't get their information firsthand.
A New Jersey state judge pursuing a discrimination lawsuit urged a federal court Friday to stop the state judiciary from preventing him from attending a training program next month while he remains on administrative leave, saying that missing the event could jeopardize his eligibility to return to work.
The U.S. Department of Justice has dropped a closely watched False Claims Act suit accusing UnitedHealth Group Inc. of defrauding Medicare Advantage, apparently bowing to a California federal judge’s recent evisceration of the case.
Eighteen states and the District of Columbia sued the Trump administration late Friday over its decision to halt billions of dollars in Affordable Care Act subsidies, saying the sudden move wasn’t explained properly and unconstitutionally disregarded mandatory spending.
A California judge Friday preliminarily approved Live Nation Worldwide Inc.’s $1.1 million settlement to resolve a putative class action alleging the entertainment giant denied breaks to 1,500 parking and traffic employees in the Golden State, saying the deal is fair and reasonable.
A proposed $19.1 million deal to settle wage-related class claims affecting up to 28,800 employees of TGI Friday's was big news. Big news, that is, until a New York federal court quickly sent the parties back to the drawing board. The proposed settlement and the court’s reaction to it point up a number of hot spots in wage and hour suits, says David Miller of Bryant Miller Olive.
Judge Shira Scheindlin recently published an op-ed in The New York Times discussing the statistical truth that law firms have poor representation of female attorneys as first-chair trial lawyers. Backed by data collected by the New York State Bar Association, Judge Scheindlin’s observation is not merely anecdotal. But it doesn’t have to be inevitable, says Sarah Rathke, a partner and trial lawyer at Squire Patton Boggs LLP.
Section 409A of the Internal Revenue Code provides some special exemptions and exclusions for deferred compensation earned under certain foreign plans and otherwise by U.S. taxpayers who work or have previously worked outside the United States. In this article, Sinead Kelly and Narendra Acharya of Baker McKenzie outline what to know about these special rules.
In Bustillos v. Board of County Commissioners of Hidalgo County, the Tenth Circuit recently provided more nuanced guidance regarding the compensability of preshift tasks under the Fair Labor Standards Act, especially in situations where employees are regularly required to show up early or work off the clock, say Lisa Hogan and Martine Wells of Brownstein Hyatt Farber Schreck LLP.
An administrative law judge's recent decision to substantially limit the Office of Federal Contract Compliance Program’s demand for employee contact information from Google demonstrates that employers can, and should, request judicial intervention before producing their employees’ confidential information for the government, private litigants or opposing counsel, says Meg Inomata of Vedder Price PC.
If conducted properly, depositions can be a powerful tool. At times, though, opposing counsel employ tactics to impede the examiner’s ability to obtain unfiltered, proper testimony from the deponent. By knowing and effectively using applicable rules and case law, however, deposing attorneys can take specific steps to combat these tactics, say attorneys with Ogletree Deakins Nash Smoak & Stewart PC.
Recently, Yellowstone National Park’s superintendent announced that he would be taking disciplinary action against 10 park employees after an investigation found that female employees at the park had been victims of sexual harassment. The problems at the National Park Service draw attention to issues that confront employers and employees located in remote areas, says Murat Kayali of Katz Marshall & Banks LLP.
Litigator Roberta Walburn’s rollicking new book, "Miles Lord: The Maverick Judge Who Brought Corporate America to Justice," is a really good read — a fascinating story about a life lived in the heat of battle and usually at the edge of what might have been considered appropriate for a federal judge, says Chief U.S. District Judge John Tunheim of the District of Minnesota.
Following arguments Monday at the U.S. Supreme Court, the outcome of Epic Systems Corp. v. Lewis and its two consolidated cases is a toss-up. A 5-4 pro-employer decision may be the safe bet, but the court showed tantalizing signs that it could reach a broader consensus, says Scott Oswald of The Employment Law Group.
A Connecticut federal court's recent decision in Noffsinger v. SSC Niantic Operating, and other recent rulings in favor of employees and job candidates who use medical marijuana, reflects a significant shift in the law. However, it should not be seen as signifying a newfound judicial tolerance for marijuana use, says Lino Lipinsky of Dentons.