Employment

  • April 28, 2017

    Migrant Workers’ Appeal Over Pay Survives At 4th Circ.

    An appeal brought by a putative class of migrant workers who allege the U.S. Department of Labor violated its own regulations by allowing seasonal employers to challenge a prevailing wage requirement will continue, according to an order issued by the Fourth Circuit.

  • April 28, 2017

    NYC Steakhouse Hit With Wage Suit For 'Blatantly Stealing'

    An iconic Manhattan steakhouse on Thursday got slapped in New York federal court with a proposed wage and overtime class action that accuses the restaurant of “blatantly stealing wages” from its wait staff.

  • April 27, 2017

    Managing Law Partner Broke No-OT Vow, Secretary Testifies

    A California legal secretary suing a boutique Los Angeles firm for over $140,000 in overtime wages testified Thursday at trial that although she agreed to a $1,000 a week salary, the firm's namesake partner broke his promise not to work her long days and late hours.

  • April 27, 2017

    Alsup Mulls ‘Poetic Justice’ Of Forcing Waymo To Arbitrate

    U.S. District Judge William Alsup heard oral arguments Thursday over whether Uber can use Waymo’s own arbitration agreement with a former engineer to compel arbitration of Waymo’s driverless-car trade secrets suit, commenting that it would be “poetic justice” to bind the Alphabet unit to the contract’s broad language.

  • April 27, 2017

    Group Sues For Trump Transition's Climate Questionnaires

    A group formed by former White House attorneys filed two suits in D.C. federal court Thursday accusing the U.S. Departments of Energy and Health and Human Services of ignoring requests for records concerning Trump transition team questionnaires given to agency employees about their climate change and Affordable Care Act work.

  • April 27, 2017

    NFL Seeks To Trim Players' Painkiller Class Action

    The National Football League asked a California federal judge to substantially trim a putative class action alleging players were pressured into taking painkillers that caused post-retirement health problems, saying at a hearing Thursday that the complaint was poorly pled and the statute of limitations on most claims had expired.

  • April 27, 2017

    Costco’s $2M Wage Suit Deal Isn’t Up To Snuff, Judge Says

    A California federal judge on Wednesday refused to greenlight a $2 million settlement between Costco and a proposed class of industrial drivers alleging they were denied proper overtime and break wages, saying the release language in the hybrid class and collective action needs more work.

  • April 27, 2017

    Attys For Euro NFLers Say Concussion Deal Work Not Minor

    Attorneys for former players in the NFL’s now-defunct European league told a Pennsylvania federal court Wednesday that co-lead counsel for the concussion settlement has lumped them in with “losing objectors,” even though their work made it possible for Europe-based players to benefit from the deal.

  • April 27, 2017

    4 Challenges New DOL Chief Acosta Will Face On Day 1

    It didn’t happen exactly as President Donald Trump drew it up, but the U.S. Department of Labor finally has its new leader in law school dean and former U.S. Department of Justice Civil Rights Division head Alex Acosta. Here, attorneys discuss the most pressing challenges that will confront the new labor secretary when he takes over the DOL.

  • April 27, 2017

    Nurses Seek Class Cert. In Dallas Hospital Chain FLSA Suit

    A Dallas nurse who brought a Fair Labor Standards Act collective action against Methodists Hospitals of Dallas in July — alleging the hospital system routinely docks nurses' pay for meal breaks the nurses do not take — on Thursday asked a federal judge in Texas for conditional certification.

  • April 27, 2017

    9th Circ. Panel Remands Fresno School Equal Pay Ruling

    A Ninth Circuit panel on Thursday vacated a lower court’s order denying a California school superintendent’s bid for a quick win on an Equal Pay Act claim in a suit from a female employee saying she was paid less than her male counterparts, punting the case back to the lower court to rethink tossing the bid.

  • April 27, 2017

    Orrick Beats Ex-Handler Thayer Atty's Appeal In Firing Row

    The Second Circuit on Thursday affirmed the dismissal of an ex-Handler Thayer LLP attorney’s suit accusing Orrick Herrington & Sutcliffe LLP of trying to get him fired, ruling an Orrick attorney's email to the other firm wasn't close to being grounds for a claim.

  • April 27, 2017

    Fla. Gov., AG Say State Atty's Removal Not Unconstitutional

    A Florida state prosecutor's claim that the governor's unilateral decision to remove her from 23 homicide cases was unconstitutional does not fit with six requests for reassignments she presented him this year, the governor and state attorney general told the Florida Supreme Court in their formal response Wednesday night.

  • April 27, 2017

    Ford's Call Centers Underpaid Employees, FLSA Suit Says

    A Florida woman who worked in a call center for Ford Motor Co. hit the automaker with a Fair Labor Standards Act collective action on Wednesday, claiming her employer misclassified her and others doing her job as exempt from overtime pay.

  • April 27, 2017

    3 Key Questions For Employers As Trump's 100th Day Looms

    The early days of President Donald Trump's administration have raised as many questions as they have provided answers about the future of labor and employment law, attorneys say. With Trump's 100th day in office imminent, Law360 looks at three things that have employers scratching their heads.

  • April 27, 2017

    Senate Approves Acosta As Trump's Labor Chief

    Law school dean Alexander Acosta, a former member of the U.S. Department of Justice and the National Labor Relations Board during the George W. Bush administration, was confirmed Thursday to serve as President Donald Trump’s secretary of labor.

  • April 27, 2017

    Ex-Fisher Phillips Partner Charged With Malice Murder

    A Fulton County, Georgia, grand jury has upgraded an involuntary manslaughter charge pending against a former Fisher Phillips employment partner to a charge of malice murder for shooting his wife to death, Fulton County District Attorney Paul Howard announced Thursday.

  • April 27, 2017

    Wash. Trucking Cos. Can't Bring Tort Claims On Taxes Owed

    A group of trucking companies must go through the normal administrative state tax appeals process to challenge employment tax assessments instead of bringing tort claims after the Washington Supreme Court ruled Thursday that state courts are restrained from awarding relief in the case.

  • April 27, 2017

    Enterprise Unit Can't Try To Nix Union, NLRB Official Says

    A National Labor Relations Board official ruled Wednesday that an Enterprise Holdings Inc. car rental subsidiary can’t try to decertify a Teamsters local from representing workers at the Raleigh-Durham International Airport because the petition was filed during a grace period in which such requests are barred. 

  • April 27, 2017

    Restaurateur Gets 2 Years For Tax Fraud, Undocumented Staff

    A Northern California restaurant owner was sentenced to two years in prison Wednesday after pleading guilty to recruiting undocumented Thai immigrants to work for minimal wages and committing tax fraud by hiding more than $400,000 in foreign bank accounts, the Department of Justice announced.

Expert Analysis

  • Conn. High Court Sheds Light On 'ABC' Test Application

    Eric Sussman

    The Connecticut Supreme Court's recent decision in Southwest Appraisal Group LLC v. Administrator Unemployment Compensation Act provides helpful guidance for Connecticut employers and makes clear that whether an individual actually performs services for more than one entity is not dispositive of part C under the "ABC" test for determining independent contractor status, says Eric Sussman of Day Pitney LLP.

  • Opinion

    Let's Talk About Half-Hearted Innovation

    Michael Moradzadeh

    Allowing attorneys to telecommute may seem like a great fix for law firms. But without significant changes to the firm's culture, telecommuting is just a patch applied to the problem of attrition, says Michael Moradzadeh, founding partner of Rimon PC.

  • Fox’s Handling Of O’Reilly Complaints Is A Cautionary Tale

    Ann Fromholz

    To be fair, any company can have a Bill O’Reilly in its midst. The question is whether the company does the right thing once it realizes what’s going on, says Ann Fromholz, a workplace investigation attorney and founder of The Fromholz Firm.

  • How Due Process Limits Personal Jurisdiction

    Daniel Jaffe

    For purposes of general jurisdiction, multinational or multistate companies must consider the litigation attributes of the state where they choose to incorporate, or locate their principal place of business, as well as where they locate relatively large portions of their operations. Personal jurisdiction issues in each state should be assessed as part of sound risk management, says Daniel Jaffe of Husch Blackwell LLP.

  • Deciphering DC's New Universal Paid Leave Law

    Bill Miossi

    Washington, D.C.’s Universal Paid Leave Amendment Act of 2016 became effective earlier this month, instituting one of the nation’s most expansive paid leave laws. Yet, even as the act takes effect, uncertainty about how the law will work in practice persists, say Bill Miossi and Scott Phillips of Winston & Strawn LLP.

  • 10 Tips For Creating Winning Trial Visuals

    Kerri Ruttenberg

    Effective visuals require effective design. In her new book, "Images with Impact: Design and Use of Winning Trial Visuals," published by the American Bar Association, trial lawyer and Jones Day partner Kerri Ruttenberg discusses how to design and use visuals to help viewers understand, believe and remember the messages being conveyed.

  • Roundup

    Counsel To Counsel: Insights From Law Firm GCs

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    General counsel at four law firms share the biggest issues they face in an increasingly complex legal environment.

  • The 'State' Of The Gig Economy Under Trump

    Amy Strauss

    There is no question that America’s sharing economy is growing and showing no signs of slowing down. However, if the Trump administration continues its hands-off approach to worker misclassification issues, and court decisions create as much confusion as clarity, we may be forced to look to state legislatures to take control, says Amy Strauss of Fisher Phillips.

  • Lessons From Wells Fargo’s Corporate Control Failures

    Brian K. Tomkiel

    It is tempting to simply blame Wells Fargo’s C-suite for creating a corporate culture that fostered unethical behavior. Yet, a recent investigation into the bank's sales practices tells a deeper story about its corporate control functions and how they failed to fulfill their ultimate mandate — protecting the business from risk, says Brian Tomkiel, director of compliance at Gap Inc.

  • How Employee Data Habits Can Increase Corporate Legal Risk

    David Horrigan

    In our daily work lives, we see a fair amount of anecdotal evidence indicating many of us engage in workplace behaviors that put our personal privacy and company data at risk. However, the results of a recent survey provide a more definitive look at how the era of big data for employees could lead to big risk for employers, says David Horrigan, e-discovery counsel at kCura LLC.