We use cookies on this site to enable your digital experience. By continuing to use this site, you are agreeing to our cookie policy. close

Employment

  • 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.

  • October 11, 2018

    Jones Day Employment Atty Gets DOJ Civil Rights Chief Job

    The U.S. Senate confirmed Jones Day employment attorney Eric Dreiband to head the U.S. Department of Justice’s Civil Rights Division on Thursday amid opposition from leading civil rights groups.

  • October 11, 2018

    Uber Aims To Dump Drivers' FLSA Suit Over On-App Time

    Uber Technologies Inc. urged a Texas federal court Wednesday to dump a Fair Labor Standards Act collective action alleging the ride-hailing giant misclassified drivers as independent contractors to cheat them out of compensation for all the time they spent logged into the app waiting for rides.

  • October 11, 2018

    Walmart To Pay $65M To End Cashiers' Seating Suit

    Walmart Inc. has agreed to pay $65 million to end a long-running class action over its allegedly not giving cashiers seats, according to a motion on Wednesday asking a California federal judge to approve a deal that might rank as the largest ever settlement struck under the state's Private Attorneys General Act.

  • October 11, 2018

    Ill. AG Shutters Staffing Agency To End Discrimination Suit

    A Chicago employment agency will close its doors for the next decade as part of a Wednesday agreement with the state of Illinois, resolving a lawsuit in Illinois federal court accusing the agency of discriminating against Latino immigrants.

  • October 11, 2018

    Payment Processor Says Ex-CEO Stole Company Secrets

    A payment processing company has accused its former CEO and several former employees in California federal court of stealing trade secrets to form a competing payment processing business.

  • October 10, 2018

    9th Circ. Raises Conflict Concerns In Atty’s Sanction Appeal

    Ninth Circuit judges expressed reluctance Wednesday to hear oral argument from an attorney who lost a contentious trade secrets dispute on a terminating sanction, worrying the lawyer was conflicted because if the panel reversed a lower court's decision not to grant attorneys' fees in the case, she could be pitted against her client, Loop AI Labs Inc.

  • October 10, 2018

    4 Tips For NY Employers Navigating New Sex Harassment Law

    New York state's new standards for how businesses should structure anti-sexual harassment policies and conduct newly mandated training sessions took effect on Tuesday, leaving employers in the Empire state with a fresh batch of potential compliance headaches. Here, experts share four tips for employers to make sure their practices comport with New York’s new rules.

Expert Analysis

  • 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.

  • Genetic Data Holds Opportunities And Risks For Litigants

    Kirk Hartley

    A recently published research paper concludes that a significant proportion of patients with malignant mesotheliomas carry inherited mutations in cancer-associated genes. Well-informed lawyers on both sides of the aisle can effectively use such data to materially alter the outcome of cases, say Kirk Hartley and David Schwartz of ToxicoGenomica.

  • Series

    Navigating NLRB: Nature Of Work Has Changed, NLRA Hasn't

    Marshall Babson

    Employers, unions and workers have not sat down together to have a meaningful and constructive conversation about the economic imperatives of the 21st century in at least 10 years. In the meantime, the nature and character of work itself has been changing at lightning speed, says Marshall Babson, former member of the National Labor Relations Board and counsel at Seyfarth Shaw LLP.

  • Transitioning Cos. Can't Forget Pending Green Cards

    Hector Chichoni

    When sponsoring foreign national employees for employment-based lawful permanent residence in the U.S., there are many factors an employer must consider if it is restructuring, relocating or downsizing its operations to avoid the consequences of noncompliance under current U.S. immigration law, says Hector Chichoni of Duane Morris LLP.

  • Series

    Navigating NLRB: A New Era For Joint Employment?

    Peter Kirsanow

    While the National Labor Relations Board’s Browning-Ferris decision is currently the standard upon which joint employer analysis rests, as a number of independent challenges to its vitality loom — including the board's recently announced draft rule — its reign may be short-lived, says Peter Kirsanow, former member of the NLRB and partner at Benesch Friedlander Coplan & Aronoff LLP.

  • Update On Calif. Immigrant Worker Protection Act

    Jesse Cripps

    A California federal court recently forbade California and its officials from enforcing several portions of the state's Immigrant Worker Protection Act. While private employers in the state will not be subject to many of the requirements of the law for the time being, the fight over it is likely to proceed, say Jesse Cripps and Ryan Stewart of Gibson Dunn & Crutcher LLP.

  • Calif.'s New Rules For Lawyers Move Closer To ABA Model

    Mark Loeterman

    The first comprehensive overhaul of California's Rules of Professional Conduct in nearly 30 years becomes operational on Nov. 1. Some of the new rules mirror the model language used by the American Bar Association, but many continue to reflect California’s unique approach to certain ethical questions, says Mark Loeterman of Signature Resolution LLC.

  • Series

    Navigating NLRB: Attacking Instability With APA Rulemaking

    Ronald Meisburg

    In the first article of this Expert Analysis special series, Ronald Meisburg, former member and general counsel of the National Labor Relations Board and special counsel at Hunton Andrews Kurth LLP, examines why the time may be ripe to use the Administrative Procedure Act to advance rulemaking petitions with the NLRB in order to bring more stability and predictability to the agency's law.

  • Stock Compensation Can Add Zing To Your Benefits Package

    Amy Bowler

    To attract talent in a competitive market, some employers may add creative stock and bonus compensation programs to thier benefits packages. They should keep in mind that adding stock options can trigger a multitude of legal rules and restrictions, say Amy Bowler and Beth Nedrow of Holland & Hart LLP.

  • Know The Limits To Atty Public Statements During A Trial

    Matthew Giardina

    The balancing act between protecting attorneys’ speech rights and ensuring unbiased adjudications was highlighted recently in two cases — when Michael Cohen applied for a restraining order against Stephanie Clifford's attorney, and when Johnson & Johnson questioned whether a Missouri talc verdict was tainted by public statements from the plaintiffs' counsel, says Matthew Giardina of Manning Gross & Massenburg LLP.