Employment

  • May 20, 2020

    Submarine Co. Waited Too Long To File Claims Against Navy

    A company contracted to make nuclear submarines for the U.S. Navy can't request payment for extra costs incurred as a result of new fire safety regulations because it was too late in filing its claim for a price adjustment, the Federal Circuit ruled.

  • May 20, 2020

    OSHA Defends Virus Efforts After Row Over Delayed Hearing

    The U.S. Department of Labor on Wednesday doubled down on the adequacy of its response to the novel coronavirus just hours after Democrats postponed a hearing on Capitol Hill scheduled for earlier in the day, causing a tussle over whether the delay was a political power play.

  • May 20, 2020

    Hospital's Trial Win OK'd In Suit Over Worker's Facebook Post

    An Indiana state appeals court on Wednesday affirmed a defense verdict in a suit seeking to hold a hospital liable for a worker whose post about a minor patient's death on Facebook purportedly caused the patient's family emotional distress, saying certain evidence was properly allowed.

  • May 20, 2020

    Senate Committee To Mull EEOC, NLRB Picks In June

    A key Senate committee said Wednesday it will vote next month on several nominees for top positions at federal labor and employment agencies, including three of the president's picks to join the U.S. Equal Employment Opportunity Commission and two potential National Labor Relations Board members.

  • May 20, 2020

    Kroger Drops Bid To Recoup Emergency Pay From Workers

    Kroger won't require workers to return coronavirus-related emergency pay they received that the company contended were overpayments, the United Food and Commercial Workers Local 770 said Wednesday.

  • May 20, 2020

    Calif. Uber Drivers Seek Class Cert. In Employee Status Fight

    California drivers have asked a federal judge to certify their consolidated class action accusing Uber of flouting a Golden State worker classification law by labeling drivers as independent contractors to deny them proper wages, sick leave and expense reimbursements.

  • May 20, 2020

    Chicagoland Used Car Dealer Hit With Fingerprint Privacy Suit

    A Chicago-area used luxury car dealer was hit Tuesday with proposed class claims in Illinois state court that it violated the state's biometric privacy law by requiring workers to scan their fingerprints for timekeeping without obtaining informed consent.

  • May 20, 2020

    Tesla Drops Suit Against Calif. County Over Lockdown Order

    Tesla Inc. dropped its lawsuit against Alameda County in California federal court on Wednesday, 11 days after filing the suit, which alleged that the county made an unconstitutional "power grab" when it initially prevented the electric car manufacturer from reopening its Fremont, California, plant.

  • May 20, 2020

    Brewery Servers Get Conditional Cert. In Tipped-Wage Suit

    A Pennsylvania federal judge has given his initial blessing to a collective class of servers at 16 brewery restaurants who claim they were not paid minimum wage because their employer wrongly calculated their pay when taking a "tip credit" for time they spent on untipped work.

  • May 20, 2020

    Ill. Says Out-Of-State Employers May Need To Withhold Tax

    Out-of-state employers of Illinois residents may be subject to state withholding requirements if their employees work remotely in the state for more than 30 days due to the novel coronavirus pandemic, the Illinois Department of Revenue announced Wednesday.

  • May 20, 2020

    3rd Circ. Says Ex-Engineer Too Late On Defamation Claims

    The Third Circuit on Wednesday upheld a ruling tossing out a $3.5 million verdict against a defense contractor for allegedly defaming a former engineer who was accused of threatening her supervisors, finding that the ex-employee's defamation claims were filed too late.

  • May 20, 2020

    Flight Attendants Can't Revive Malpractice Suit Against Firm

    The Ninth Circuit has refused to revive a group of flight attendants' legal malpractice suit against an Arkansas law firm, finding that the workers failed to provide expert testimony to support their claims.

  • May 20, 2020

    K&L Gates Snags Ex-Kutak Rock Construction Pro In Calif.

    K&L Gates LLP has added a former Kutak Rock LLP commercial litigator with expertise in real estate, construction, employment and retail matters as a partner to its Orange County, California, office, the firm said in a release.

  • May 20, 2020

    Meatpacking Union Says H-2B Change Is 'Betrayal' of Workers

    A recent U.S. Department of Homeland Security decision easing restrictions on the H-2B visa program threatens the safety of meatpacking workers amid the coronavirus pandemic, according to America's largest food and retail union.

  • May 20, 2020

    Instacart Faces Uphill Battle To Arbitrate Courier's PAGA Suit

    A San Francisco judge tentatively denied Instacart's bid to arbitrate a courier's California Private Attorneys General Act claims, expressing skepticism Wednesday that the Federal Arbitration Act and two recent U.S. Supreme Court decisions require the move.

  • May 20, 2020

    Split 4th Circ. Affirms Surveillance Co.'s Win In Race Bias Suit

    A split Fourth Circuit panel has refused to revive a suit brought by a former Brivo Systems employee who said he was fired on his first day of work because he is black, saying the worker himself pointed to a "nonracial" rationale for his dismissal.

  • May 20, 2020

    Ex-Worker Says Altice Fired Him Over Medical Marijuana Use

    A former Altice Technical Services USA employee filed suit against the telecommunications company, accusing it of discrimination after he was fired for using medical marijuana to treat a disability.

  • May 20, 2020

    Justices Told That Rig Worker's Case Could Distort Bias Law

    A company accused of discriminating against black workers by making them toil on a hot oil rig while their white colleagues enjoyed air conditioning told the U.S. Supreme Court that reviving a worker's race bias suit risks opening the floodgates to litigation over "trivial" slights.

  • May 20, 2020

    NY Courts To Allow New Lawsuits Next Week

    New York will allow new lawsuits to be electronically filed statewide starting Monday, reopening the high-traffic courts of New York City and surrounding counties to new "nonessential" matters for the first time since the COVID-19 pandemic shut them down.

  • May 20, 2020

    House Set To Approve Flexibility For PPP Small-Biz Loans

    The House is expected to vote next week on a narrow bipartisan bill that would give more flexibility to small businesses that receive forgivable loans from the Paycheck Protection Program, removing certain requirements and extending several deadlines.

  • May 20, 2020

    Mars Sues Rival Food Co. Over Trade Secrets Theft

    Mars Inc. is suing rival food giant JAB Holdings Inc. over allegations that a longtime executive jumped ship with a trove of proprietary information.

  • May 20, 2020

    DOL Greenlights Bonuses For Workers Without Set Schedules

    The U.S. Department of Labor unveiled a final rule on Wednesday that lets employers offer workers with "fluctuating workweeks" bonuses and hazard pay, saying the regulations free businesses up to explore new ways of paying those workers amid the ongoing pandemic.

  • May 19, 2020

    Jones Day Trims Some Claims In Attys' Gender Bias Suit

    A D.C. federal judge on Tuesday trimmed a slew of claims from six female attorneys whose putative class action accuses Jones Day of gender discrimination, but he kept other claims alive, including allegations of a "black box" compensation system that undercuts women in pay and promotions.

  • May 19, 2020

    DOL Expands Secretary's Power To Oversee Appeal Boards

    The U.S. Department of Labor finalized a rule Tuesday that gives the agency's chief the power to unilaterally review decisions by two panels that hear administrative appeals, including a board that resolves disputes over whether noncitizens can work in the U.S.

  • May 19, 2020

    IRS Expects To Bring Back Workers In 3 States Starting June 1

    The IRS plans to order employees in Kentucky, Texas and Utah who can't telework to return to their worksites starting June 1, Commissioner Chuck Rettig told workers Tuesday, saying the agency would keep pursuing employee safety amid the COVID-19 pandemic.

Expert Analysis

  • Tips For Public Co. Financial Controls Amid Growing Scrutiny

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    As economic turmoil and the availability of stimulus funds promise heightened regulatory scrutiny, public companies should weigh operational changes resulting from the pandemic when reviewing the effectiveness of legacy internal accounting and disclosure controls, say Scott Kimpel and Matthew Bosher at Hunton.

  • Calif. Lockdown Considerations For Enviro Contractors

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    Many businesses in California have raised questions regarding how and whether state and local stay-at-home orders affect fieldwork performed by environmental contractors. The answers depend on the swiftly changing mandates of the various jurisdictions, say attorneys at Pillsbury.

  • Preventing COBRA Class Actions Starts With Notice Review

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    To avoid joining the growing list of companies recently targeted with COBRA class actions, employers should review their election notices to terminated employees for several common shortfalls, says Amanda Karpovich at Harter Secrest.

  • States Likely To Ramp Up FCA Enforcement Amid COVID-19

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    Companies should prepare for aggressive False Claims Act enforcement by states recovering from pandemic-related financial losses by ensuring compliance programs meet state requirements and developing internal procedures for investigating whistleblower complaints, says Peter Hyun at Wiley Rein.

  • Employers Can Adapt Arbitration Pacts To Changing Needs

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    In times of uncertainty, instead of abandoning arbitration agreements, employers should consider adaptations that will foster timely and affordable dispute resolution, say Andrew Murphy and Samantha Rollins at Faegre Drinker.

  • Opinion

    Workers Need Federal Protection From COVID-19 Risks

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    Federal legislation mandating workplace safety measures can help stop the spread of COVID-19 and save lives as states allow nonessential employees to return to work, say Peter Whelan and Elizabeth Paukstis at Bernabei & Kabat.

  • Series

    Judging A Book: Richardson Reviews 'Criminal Dissent'

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    In his important new book, "Criminal Dissent," Wendell Bird endeavors to catalog every single actual, or even threatened, prosecution under the Sedition Act and removal under the Alien Friends Act — a monumental undertaking — and the results are striking, says U.S. District Judge Eli Richardson of the Middle District of Tennessee.

  • Opinion

    Immigration Suspension Instills Fear And Uncertainty

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    The White House's proclamation last week suspending entry of certain immigrants into the U.S. was an unnecessary action during an uncertain time — and leads to a number of important questions, says Linda Rose at Rose Immigration.

  • Essential Worker Exceptions From State Stay-At-Home Orders

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    Attorneys at Mayer Brown present a state-by-state compilation of COVID-19-related emergency orders as they relate to essential workers, to help government contractors operating in multiple locations meet the substantial challenge of remaining compliant.

  • Tips For Minimizing Law Firm Liability During COVID-19

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    Lawyers may be advising clients on COVID-19 matters without the benefit of considered analysis or interpretive guidance, which could lead to legal malpractice suits down the road, but law firm management can mitigate the risks through certain protocols, says Nicole Hyland at Frankfurt Kurnit.

  • What New Va. Anti-Bias Law Means For LGBTQ Workers

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    Virginia’s recently enacted Values Act, which expands LGBTQ rights and remedies under that state’s anti-discrimination law, will likely lead to an increase in state court litigation and jury trials, say attorneys at Zuckerman Law.

  • Series

    State Of Class Certification: Offense In Wage And Hour Cases

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    The stark disparity in how appellate courts weighed class certification requirements in several recent wage and hour class actions highlights four practical points concerning commonality and predominance for plaintiffs counsel seeking to obtain certification, says Harold Lichten at Lichten & Liss-Riordan.

  • Assessing Extraterritorial Reach Of DTSA After Ill. Decision

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    Companies may increasingly utilize the recent Illinois federal court holding in Motorola v. Hytera to seek civil remedies against foreign entities under the Defend Trade Secrets Act, exposing companies with even minimal contact with the U.S. to liability, say attorneys at Winston & Strawn.

  • Challenges In Lowering H-1B Worker Pay During Pandemic

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    Companies may be able to cut H-1B workers’ salaries to reduce coronavirus-related financial stress, notwithstanding the array of special protections that U.S. Department of Labor regulations provide for this visa classification, says David Grunblatt at Proskauer.

  • Genetic 'Fingerprinting' May Be Key In Virus Exposure Suits

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    Tort suits seeking damages for illness or death allegedly caused by negligent or reckless exposure to COVID-19 will hinge on proof that the plaintiff contracted the virus from the alleged source — and this proof may be supplied by genetic sequence-based typing, says Adam Dinnell at Schiffer Hicks.

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