The National Labor Relations Board’s decision to reinstate the narrower standard for determining joint employment it had in place prior to its controversial Browning-Ferris ruling has won plaudits from business groups, angered worker advocates and left some experts wondering if Congress is likely to soon decide the issue once and for all. Here, Law360 looks at five questions left lingering by the board’s bombshell decision.
The National Labor Relations Board on Friday overturned an Obama-era ruling allowing “micro-units” of workers to unionize in a decision split along party lines, lowering the bar for employers to expand bargaining units past the limits proposed by workers.
The National Labor Relations Board in a split decision Friday overturned a 2016 ruling limiting the changes employers can implement in union workplaces, restoring 50-year-old precedent that allows businesses to change policies without a union’s permission if they’ve taken similar actions before.
A team from Gibson Dunn & Crutcher LLP led by a former federal prosecutor and Sacramento employment specialists Van Dermyden Maddux will conduct a two-year investigation into sexual harassment allegations in the California Senate, a move Senate leaders announced Thursday as part of a commitment to change the culture at the Capitol.
Jones Day labor and employment practice co-chair Matthew Lampe had another banner year in 2017, securing judgments ending and narrowing two suits against IBM and helping Verizon beat back a potentially costly wage class action to earn himself a spot among Law360’s 2017 Employment MVPs.
The majority of an Eleventh Circuit panel on Friday revived a former Union City, Georgia, police detective’s claims that she was discriminated against because of her race, gender and a disability when she was fired, saying a jury should decide the case after hearing all the evidence.
The Seventh Circuit reversed a decision Thursday that blocked a number of Jimmy John’s assistant store managers from suing the owners of the sandwich-shop franchises where they work over allegedly unpaid wages while their litigation bringing similar claims against the franchisor proceeds, saying a lower court didn’t have the authority to issue the injunction.
The New Jersey Supreme Court has refused to second-guess a state appellate opinion issued this year that a now-defunct strip club owed money to state funds meant for employees who lose their jobs or become disabled because exotic dancers there were employees, not independent contractors.
A California judge on Friday granted MGM’s request to toss defamation and employment claims brought by an entertainment attorney who was fired from an MGM subsidiary after he was charged with sexual assault of a child, but said the lawyer could take another shot at the employment claims.
Las Vegas-based Hard Rock Hotel & Casino has agreed not to interfere with its workers’ rights to join or assist a union as part of a deal with a UNITE HERE affiliate that would settle a matter before the National Labor Relations Board, the union announced Friday.
Two international labor unions said Friday they had reached a settlement in arbitration proceedings with an unnamed global fashion company that will ensure the Bangladeshi supplier factories used by the brand are brought up to the safety standards laid out under the country’s Accord on Fire and Building Safety.
A Pennsylvania federal judge on Friday temporarily blocked the Trump administration’s rules dialing back the Affordable Care Act’s contraception mandate through religious or moral exemptions for employers, saying the federal government failed to follow proper procedures in implementing the policies.
The Trump administration, the U.S. House of Representatives and 17 states embroiled in a legal battle over billions of dollars in Affordable Care Act subsidies have agreed to settle a dispute currently pending before the D.C. Circuit, according to an agreement filed in federal court Friday.
The special master in Waymo’s self-driving car trade secrets suit against Uber said Friday that a letter detailing an ex-Uber employee’s allegations against the company should’ve been produced during discovery, in a report released the same day the 37-page letter — and its claims of corporate espionage and evidence destruction — was unsealed.
Hundreds of objectors to a $7.5 million deal ending a class action against Uber for allegedly violating the Fair Credit Reporting Act by using background checks without applicants’ knowledge to make hiring decisions urged a California federal judge Thursday not to approve the "outrageously low" settlement amount.
Pineapple Hospitality Co. urged an Illinois federal court Friday to dismiss class allegations that the luxury hotel management company violated the state’s stringent biometric data law by collecting worker fingerprints, saying the ex-worker bringing the suit cannot prove workers were harmed by the practice.
A three-justice panel of the Delaware Supreme Court on Friday affirmed a lower court ruling granting a $2 million judgment for attorneys’ fees in favor of the former chief financial officer of physical therapy firm OptimisCorp after a fight over control of the company.
With daily revelations of sexual assault committed by public figures, employers are renewing their focus on employment practices liability insurance. However, the extreme social sensibility associated with sexual assault claims may complicate recovery, and employers should consider three key issues when seeking recovery under EPLI forms, says Micah Skidmore of Haynes & Boone LLP.
While certain requirements of the U.S. Department of Labor's Fiduciary Rule were recently delayed, the rule's expanded definition of a fiduciary and the standards to which such fiduciaries are to be held are currently in effect, says Robert Gower of Trucker Huss APC.
We tell jurors how important they are to the successful implementation of our judicial system, but oftentimes we don’t treat them with the reverence they deserve. U.S. District Judge Amos Mazzant III of the Eastern District of Texas, Lisa Blue of Baron and Blue, and Robert Hirschhorn of Cathy E. Bennett & Associates advocate three jury system improvements that will give jurors an active voice and role in our civil and criminal jury trials.
Bartlit Beck was a wonderful place to work for 18 years, and the lawyers there are not only excellent attorneys but also great people. That said, and stating my biases upfront, it is possible for me to look analytically at the Bartlit Beck fee model and make some observations on the pros and cons of one version of alternative fees, says J.B. Heaton, founder of investment analytics company Conjecture LLC.
Federal court leaders moved quickly Friday to answer accusations of inappropriate sexual behavior by U.S. Circuit Judge Alex Kozinski, sending a misconduct investigation to an oversight council at the Second Circuit amid new reports that brought the total number of public accusers to 15.
The IRS on Friday released highly anticipated guidance on a new partnership tax audit regime to address, among other things, how tax adjustments should be taken into account by so-called tiered partnerships that have pass-through entities as partners.
Litigation is expected to be a bright spot in an otherwise lackluster legal hiring market during the first six months of 2018, a survey of 200 law firm and corporate legal department hiring professionals has found.
African-American and other minority lawyers continue to be underrepresented in U.S. law firms, a nationwide report released Thursday has found, but the failure to build a diverse workforce is much more stark in some cities, such as Boston, than in others, such as Miami.
The fact that a piece of information about a former client is publicly available doesn’t necessarily mean it’s not subject to the lawyer’s duty to keep their confidences close, according to a Friday opinion from the American Bar Association.
Experts shared with Law360 tips for helping employers keep the holiday festivities merry while limiting their legal risk, President Donald Trump tapped the U.S. Equal Employment Opportunity Commission's Chai Feldblum for a new term and two Senate Democrats challenged the National Labor Relations Board's new general counsel. These are some of the top stories in corporate legal news you may have missed this past week.
For those who missed out, here's a look back at the law firms, stories and expert analyses that generated the most buzz on Law360 last week.
In this new monthly series, legal recruiting experts Amanda Brady and Amy Mallow of Major Lindsey & Africa interview law firm management from Am Law 200 firms about how they are navigating an increasingly competitive business environment. The first conversation is with Laura Saklad, chief operations officer for Orrick Herrington & Sutcliffe LLP.