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Employment

  • October 19, 2018

    Division Sown By UPS Contract Rift May Bode Ill For IBT

    A “civil war” is brewing within the International Brotherhood of Teamsters after the union's top brass agreed to a bargaining contract covering about a quarter-million UPS drivers, sorters and clerks even though most of the rank-and-file workers who voted on the deal rejected it.

  • October 19, 2018

    GreenTech Auto Fetches $50M Ch. 11 Stalking Horse Bid

    An electric car company co-founded by former Virginia Gov. Terry McAuliffe asked a Virginia bankruptcy court for permission to name a Chinese investment firm as the $50 million stalking horse bidder for its assets.

  • October 19, 2018

    DLA Piper Adds Employment Partner In San Juan

    DLA Piper has bolstered its ranks in Puerto Rico by luring a seasoned employment lawyer from a boutique, adding a partner in San Juan whose experience runs the gamut of labor, employment, benefits and immigration issues.

  • October 19, 2018

    4th Circ. Wants Redo Of United's $30K Fee Award In Bias Suit

    The Fourth Circuit refused Friday to revive a former United Air Lines captain’s suit alleging he was discriminated against because he is African-American, but ordered the trial court judge to better explain a $30,000 sanction she ordered his attorneys to pay the airline because of sloppy litigation work.

  • October 19, 2018

    NCAA Athletes Rip 'Myth' Of Amateurism In Trial Closings

    NCAA athletes on Friday blasted the association's rules limiting athlete compensation in written closing arguments of a landmark antitrust trial, arguing that fans won't stop watching college sports if athletes are paid and amateurism is an "economically invalid" myth.

  • October 19, 2018

    2 Mass. State Troopers To Plead Guilty In Overtime Scandal

    Two currently inactive state troopers are set to plead guilty to embezzlement charges in connection with an ongoing investigation into overtime abuse within the Massachusetts State Police, according to a pair of plea agreements filed in Massachusetts federal court on Friday.

  • October 19, 2018

    Worker Fired For Telling AG About Cooked Books, Suit Says

    A Chicago-based property management company retaliated against and fired an employee after he reported the company to both state and in-house officials for allegedly cooking its books to inflate its performance and lure more clients, according to a lawsuit filed Thursday.

  • October 19, 2018

    Fired Tool Co. Atty Fights To Keep ADA, ERISA Claims

    A former attorney for manufacturer Illinois Tool Works Inc. urged an Illinois federal judge not to trim a lawsuit accusing his ex-employer of retaliating against him and firing him after he fell ill, saying his complaint adequately backs up claims of Americans with Disabilities Act and Employee Retirement Income Security Act violations.

  • October 19, 2018

    NY Top Court Nixes 'Soft Cap' On Contractor Health Exec Pay

    A majority of New York state’s highest court has agreed that a portion of the state Department of Health's restriction on how much certain health care executives of providers contracting with the state can get paid went beyond the state’s authority.

  • October 19, 2018

    Ex-Bush Ethicist Slams McDonald's Over NLRB Recusal Reply

    A former Bush administration chief ethics attorney, who has urged two National Labor Relations Board members to step away from a closely watched joint employer case involving McDonald's because of their ties to Littler Mendelson PC and Morgan Lewis & Bockius LLP, said the burger giant's counsel was out of line when it attacked his credibility last week.

  • October 19, 2018

    USC Inks $215M Deal To End Sex Abuse Class Suit

    The University of Southern California announced Friday it reached a $215 million deal in principle to resolve a proposed class action accusing a former staff gynecologist of sexually abusing potentially thousands of women.

  • October 18, 2018

    Calif. Judges Want Clarification On High Court Recusal

    Counsel for a class of over 3,000 California state appellate judges in an appeal involving $36 million worth of back wage and pension payments have asked the state's Supreme Court justices to clarify their decision to recuse themselves from the suit, saying that all judges may have a financial stake in the case.

  • October 18, 2018

    Ex-J&J Employee Says She Was Fired For Whistleblowing

    A former Johnson & Johnson employee sued the company Wednesday, claiming she was fired for drawing attention to improper practices and unlawful kickbacks at J&J's Vision Care Institute in Jacksonville, Florida.

  • October 18, 2018

    Bankers' Trade Group A Hotbed For Bias, Ex-Exec Claims

    A longtime executive at the American Bankers Association sued the trade association in Washington, D.C., court Thursday, alleging that women and minorities who work amid its “old boys’ club culture” are subjected to pervasive harassment and discrimination and that she was fired for speaking up about it.

  • October 18, 2018

    EY Notches Top Spot For DOL Certified H-1B Visa Positions

    Accounting firm EY received the most labor certifications for specialty occupation visas of any company this year, according to recently released data from the U.S. Department of Labor, leading runner-up Deloitte Consulting LLP by nearly 7 percentage points.

  • October 18, 2018

    Pryor Cashman Says Atty Fired For Work, Attitude, Not Age

    Pryor Cashman LLP told a Manhattan federal court Wednesday that an ex-associate claiming age discrimination was terminated after 18 years due to his inadequate work and hostile attitude, while the attorney argued he was a “steady” lawyer who generated more revenue than almost all of his fellow associates.

  • October 18, 2018

    Glassdoor Gets Beer Vendor's Bad Review Suit Dismissed

    A Massachusetts federal judge has dismissed a beer vendor's suit against Glassdoor Inc. alleging the website was liable for "trolling" reviews against one of its employees, ruling that Glassdoor is protected by federal law because it didn't create the reviews.

  • October 18, 2018

    Energy Co. Must Pay Long-Term Benefits To Fired VP: 5th Circ.

    A Fifth Circuit panel on Thursday found a federal district court erred when it ruled a former CETCO Energy Services Company employee couldn’t get certain incentive payments outlined in his contract, remanding the case to determine how much in long-term incentive benefits he is owed.

  • October 18, 2018

    Pharmacy's Damages Are Actually Reparable, Pa. Court Rules

    A Pittsburgh-area pharmacy services provider that lost two executives to a rival was rightly denied a preliminary injunction against its competitor because the “irreparable harm” it sought to stop could be quantified and covered by damages, a Pennsylvania Superior Court panel ruled Thursday.

  • October 18, 2018

    NY High Court Defers To DOL On Apprentice Wages

    New York’s high court on Thursday sided with the state’s Department of Labor in a suit over apprentice wages on public-work projects, ruling that the agency properly reasoned that apprentices not performing the tasks of their trade must be paid higher wages.

Expert Analysis

  • Need Litigation Finance? Don't Skip These 5 Steps

    Molly Pease

    The process of applying for litigation financing isn’t difficult, but few do it right the first time. Following five steps in your application process will help make sure litigation funders are convinced of the value of your company's legal claims, says Molly Pease of Curiam Capital LLC.

  • Assessing Employment Rights Of NJ Medical Marijuana Users

    Jill Vorobiev

    A New Jersey federal court's decision in Cotto v. Ardagh — the first case to evaluate the employment rights of medical marijuana users in the state — provides persuasive authority that private employers are not obligated to waive or relax their drug testing requirements, say Jill Vorobiev and Melissa Ferrara of Reed Smith LLP.

  • 9th Circ. Decision Poses Employer Tip Credit Challenges

    Margaret Grover

    The Ninth Circuit’s recent decision in Marsh v. J. Alexander’s may significantly impair the ability of companies in the hospitality industry to pay a reduced wage to tipped employees. As a result, employers will need to be cautious when applying a tip credit toward minimum wages, says Margaret Grover of Wendel Rosen Black & Dean LLP.

  • Updated Rules For NYC's 421-a Tax Exemption Beneficiaries

    Daniel Bernstein

    New York City has been changing its 421-a tax exemption program, altering and clarifying prevailing wage requirements and imposing construction wage requirements for large new buildings. Daniel Bernstein of Rosenberg & Estis PC recaps the last two years of developments.

  • The A-List For Managing Employment Law Risks And Costs

    Brendan Sweeney

    For most employers, the value of a class action waiver far outweighs the negatives of arbitration, but proactive in-house lawyers can do more than simply avoid class actions. The risk and cost of individual arbitration cases can be managed effectively with early case assessment and alternative fee arrangements, says Brendan Sweeney of Jackson Lewis PC.

  • Class Arbitration Goes To The Supreme Court

    Jay Bogan

    A U.S. Supreme Court ruling in Varela v. Lamps Plus that the Federal Arbitration Act displaces contractual interpretation rules likely would vacate the Eleventh Circuit's recent JPay decision, says James Bogan of Kilpatrick Townsend & Stockton LLP.

  • 9 FAQs About De Minimis Doctrine After Troester V. Starbucks

    Daniel Fears

    In Troester v. Starbucks, the California Supreme Court recently held that the federal de minimis doctrine does not apply to claims for unpaid wages under the California Labor Code. Attorneys with Payne & Fears LLP take a deeper dive into some lingering employer questions related to the ruling.

  • A Holistic Approach To Client Retention

    Dan Tacone

    In an era when law firms are fighting for business and clients can dictate the terms of the relationship, "value" has become a moving target. Firms that take a proactive approach by using strategies designed to articulate value over time will gain the competitive advantage, says Dan Tacone at Intapp Inc.

  • How High Court May Rule On The Bare-Metal Defense

    S. Christopher Collier

    Last week, the U.S. Supreme Court addressed foundational tort principles at oral argument in Air and Liquid Systems Corp. v. Devries, which concerns a defendant's liability under maritime law for products it did not make, sell or distribute. The court’s ruling will doubtless influence lower courts considering other bare-metal challenges, say S. Christopher Collier and Michael Arndt of Hawkins Parnell Thackston & Young LLP. 

  • Q&A

    A Chat With Allens Pricing Chief Pier D'Angelo

    Pier D'Angelo

    In this monthly series, Amanda Brady of Major Lindsey & Africa interviews management from top law firms about the increasingly competitive business environment. Here we feature Pier D'Angelo, chief pricing and practice officer at Allens.