Employment

  • April 12, 2018

    NJ Senate Sends Sick Leave Bill To Gov. Murphy's Desk

    New Jersey legislation that would require employers to provide earned sick leave to their workers in the state is now bound for Gov. Phil Murphy, with the state Senate on Thursday passing the bill that supporters have said would protect employees and public health in general.

  • April 12, 2018

    No-Poach Guidance Caught In-House Counsel Off Guard

    Corporate legal departments were caught off guard by the U.S. Department of Justice’s 2016 guidance signalling that the agency would criminally prosecute certain employment-related agreements between companies, and a panel of in-house leaders said Thursday they’re waiting for further developments in the space.

  • April 12, 2018

    Cuomo Signs Law Beefing Up Public Unions Ahead Of Janus

    New York Gov. Andrew Cuomo signed legislation Thursday bolstering the rights of public-sector unions in the state, a preemptive strike against an anticipated decision by the U.S. Supreme Court siding with worker Mark Janus in his challenge to the constitutionality of so-called agency fees, a ruling that could deal a major blow to organized labor.

  • April 12, 2018

    Former Snap Employee Must Arbitrate Dispute Over His Firing

    A California federal judge on Wednesday sent to arbitration a suit brought by a former employee of Snapchat maker Snap Inc. who alleged he was fired for raising concerns about the social media company's user metrics, finding their contract was neither unconscionable nor ambiguous.

  • April 12, 2018

    Trump's Labor Dept. Issues First New Opinion Letters

    The U.S. Department of Labor’s Wage and Hour Division issued its first set of new opinion letters in nearly a decade Thursday, laying out its stances on when workers should be paid for health-related rest breaks and time spent traveling for work, and what forms of lump-sum payment should be garnished for child support.

  • April 12, 2018

    Ex-Dolphins Cheerleader Claims Religion, Sex Discrimination

    A former Miami Dolphins cheerleader on Wednesday filed a Florida state human rights complaint against the team and the National Football League claiming she was harassed for expressing her religious beliefs.

  • April 12, 2018

    Judge Rips Feuding Parties In NY Solar Co.'s Ch. 11

    Level Solar Inc. narrowly fended off a bid by its former CEO to liquidate the case, after a New York bankruptcy judge admonished both parties for “mudslinging nonsense” at a contentious hearing Thursday while saying she would give the debtor a few more weeks to get its act together.

  • April 12, 2018

    JG Wentworth Didn’t Pay OT, Loan Operators Claim

    Home loan company J.G. Wentworth failed to pay legally required overtime wages to loan operators who worked as many as 70 hours per week at an Eastern Pennsylvania call center, according to a putative class action filed this week in Pennsylvania state court.

  • April 12, 2018

    Senate OKs Trump Pick For Deputy Labor Secretary

    The U.S. Senate on Thursday confirmed Patrick Pizzella as deputy labor secretary, filling one of several top political positions at the U.S. Department of Labor that have remained unfilled more than a year into President Donald Trump’s administration.

  • April 12, 2018

    Chicago Airport Officers Seek To Regain Police Status

    Illinois and the city of Chicago wrongfully stripped nearly 300 airport security officers of law enforcement status and wiped years of experience from their records after the infamous incident in which an officer was filmed dragging a passenger off a United Airlines flight, the officers claim in a proposed class action filed in federal court Wednesday. 

  • April 12, 2018

    Freight Co. Wins Toss Of Trucker's $1.2M Labor Dispute

    A Massachusetts federal judge on Thursday tossed a $1.2 million labor dispute filed by a Florida truck driver accusing his former Bay State employer of misclassifying him as an independent contractor, ruling he was running a sizable trucking company.

  • April 12, 2018

    Major League Unions Want In On Sports Betting Rodeo

    As a 25-year-old federal ban on sports gambling nears its possible demise in the U.S. Supreme Court, unions representing players in the four major professional sports leagues Thursday demanded an equal voice in the legalization conversation that has been dominated by the states, the leagues' governing organizations and the gambling industry.

  • April 12, 2018

    Statoil, Ex-Employee Settle Wrongful Termination, Fraud Row

    A dispute between Statoil Gulf Services LLC and an accountant who alleged she was fired in retaliation after telling superiors she believed some in the company were committing shareholder and securities fraud in violation of federal law, has been settled, the parties told a federal judge in Texas on Wednesday.

  • April 12, 2018

    Suspended Doc Accuses Seattle Times Of Defamation

    A neurosurgeon who resigned from a Seattle hospital after a series of media reports about his surgical practices, including claims he practiced simultaneous surgeries, filed a defamation suit Wednesday against The Seattle Times, claiming that the paper’s reporting was biased and shoddy.

  • April 12, 2018

    Construction Services Biz Inks $4.55M Deal To End Wage Row

    A building materials maker and construction services provider will pay $4.55 million to settle class allegations that the company underpaid certain workers, did not give employees legally compliant rest and meal breaks, and committed other wage and hour violations, the workers told a California federal court Wednesday.

  • April 12, 2018

    Labor Chief Defends Spiking Tip Pool Data To Senators

    Labor Secretary Alex Acosta on Thursday defended his decision not to disclose the share of workers’ tips that the U.S. Department of Labor estimated employers would have pocketed under its December proposal to undo Obama-era restrictions on tip pooling in a relatively cordial hearing before a U.S. Senate appropriations subcommittee.

  • April 11, 2018

    TWC Tells 9th Circ. $160K Bias Verdict Makes No Sense

    Time Warner Cable urged the Ninth Circuit on Wednesday to toss a $160,000 jury verdict in an ex-worker’s disability discrimination suit, saying it didn’t make sense because jurors found the company failed to engage in an interactive process with the worker while rejecting her claim that it failed to provide reasonable accommodations.

  • April 11, 2018

    NY Unions Attack Construction Firm's Ch. 11 Claim Objections

    A group of construction worker unions representing employees of Navillus Tile Inc. argued Wednesday that the bankrupt New York-based contractor must prioritize some of their wage claims, saying they can be easily substantiated with documentation.

  • April 11, 2018

    3rd Circ. Grants Win To NJ Hospital In Nurse's Bias Suit

    A Third Circuit panel upheld Newark Beth Israel Medical Center’s quick win in a nurse’s suit claiming he was discriminated against for a variety of reasons, saying the record doesn’t back up his argument he suffered adverse employment action when he missed breaks and other workers were treated better.

  • April 11, 2018

    UberBlack Drivers Aren't Uber Employees, Judge Rules

    A Pennsylvania federal judge ruled Wednesday that Uber doesn't have to face putative class claims that it did not pay its drivers properly under the Fair Labor Standards Act, saying the UberBlack limo drivers failed to show that they are employees.

Expert Analysis

  • Nev. Gambling Regulators Mull Workplace Harassment Regs

    Kristen Gallagher

    While the Nevada Gaming Control Board's notice declaring its inherent interest in licensees’ sexual harassment policies and procedures makes it clear that the information is currently intended to be a guide, the board’s direction and intent to issue regulations and further standards is clear, say Kristen Gallagher and Laura Jacobsen of McDonald Carano LLP.

  • Opinion

    Companies Should Avoid The BigLaw Bonus Structure

    Michael Moradzadeh

    Since passage of the Trump tax plan last year, companies have been touting bonuses they’ve handed down to rank-and-file employees. This highlights the trend of employers favoring bonuses over pay raises in the belief that variable, short-term rewards are less risky to the business than permanent increases in labor costs. But law firms have used this strategy for years — and there are dangers, says Michael Moradzadeh of Rimon PC.

  • 5 Steps To Take After H-1B Premium Processing Suspension

    Elizabeth Espín Stern

    U.S. Citizenship and Immigration Services' recent announcement that it will temporarily suspend premium processing for the upcoming fiscal year’s H-1B petitions indicates the current suspension will apply only to fiscal year 2019. But as FY 2019 filings will only increase processing backlogs, the likelihood of a broader suspension of premium processing is material, say attorneys with Mayer Brown LLP.

  • Is DOL's New Self-Audit Program A Win-Win?

    Jim Coleman

    Employers will want to give careful consideration to whether the benefits of the U.S. Department of Labor's recently announced Payroll Audit Independent Determination, or PAID, program outweigh the negatives associated with having to turn themselves in to the Wage and Hour Division, says Jim Coleman of Constangy Brooks Smith & Prophete LLP.

  • The Hatch Act And Political Speech By Federal Employees

    Alan Kabat

    Kellyanne Conway brought national attention to the Hatch Act, which prohibits a range of political conduct by federal employees in the executive branch. But the same statute that allows the Office of Special Counsel to prosecute these complaints has a carveout for certain presidential appointees, says Alan Kabat of Bernabei & Kabat PLLC.

  • Limitations Of Exclusivity Defense In Workers’ Comp Cases

    Pierre Grosdidier

    The Corpus Christi Court of Appeals' recent decision in Halferty v. Flextronics America is important because it confirms that the higher participants in the usual construction contractual chain cannot merely push workers’ compensation requirements down to the lowest-tier subcontractors and still enjoy the exclusivity defense, says Pierre Grosdidier of Haynes and Boone LLP.

  • Chief Innovation Officer — The New Star On Legal Teams

    Mark Williamson

    Over the past few years, forward-thinking law firms have expanded their talent pools to include a chief innovation officer, whose responsibilities include spearheading the implementation of technology. It is a smart move, says ​​​​​​​Mark Williamson, co-founder and chief technology officer at Hanzo Archives Ltd.

  • Opinion

    It's Time For The US To Re-Engage With The TPP

    Christopher Corr

    A year after President Donald Trump withdrew the U.S. from the Trans-Pacific Partnership, the remaining TPP countries have signed a revised agreement among themselves, and U.S. exporters may pay a heavy price. Now is the time for industries with the most to lose to push for a U.S. return to the TPP, says Christopher Corr of White & Case LLP.

  • Examining The Enforceability Of Physician Noncompetes

    Mark Wiletsky

    Depending on the circumstances, physician noncompetes can be enforceable, but with its recent decision in Crocker v. Greater Colorado Anesthesia, the Colorado Court of Appeals added a new wrinkle when dealing with these types of agreements, says Mark Wiletsky of Holland & Hart LLP.

  • Opinion

    National Lawyers Need National Licensing For National Courts

    EJ Hurst II

    Just last month, a number of legal groups asked the Northern District of California to strike its rule requiring that, before seeking federal court admission, attorneys first be licensed by the state of California. It is irrational to exclude seasoned federal practitioners from general admission due to state bar approval while allowing raw state lawyers who have never been inside a federal courtroom, says attorney EJ Hurst.