| TOP NEWS
Columbia University’s decision to challenge the National Labor Relations Board’s stance that graduate assistants can unionize will kick-start a yearslong legal battle that may prompt numerous other private colleges to slow-walk bargaining at their own schools in the hope that the board’s position gets flipped, lawyers say. Here, Law360 takes a closer look at the implications of the school’s planned appeal.
Democratic politicians and worker advocates are pressuring the U.S. Department of Labor to abandon a proposal to rescind a 2011 rule blocking businesses from redistributing workers’ tips, in the wake of a Thursday report that the agency hid an analysis showing the rule could let employers pocket billions of dollars in workers’ tips.
Business advocates who on Wednesday attended one of a series of meetings with the new head of the U.S. Department of Labor’s contractor watchdog say they came away confident the office will be transparent and willing to help contractors comply with federal discrimination laws, two things they say the Obama administration wasn’t.
The Ninth Circuit ruled Thursday that a California federal judge shouldn’t have sent a proposed class action over Walmart’s employee drug-testing policy to state court, finding the judge erred in ruling the retailer had waived its right to remove the case and by remanding for nonjurisdictional reasons.
Nearly a decade after Morgan Stanley agreed to make programmatic changes to increase employee diversity and pay $16 million to settle racial-bias claims, the firm’s discriminatory policies and practices “continue in full force,” according to a fired executive’s federal suit filed Thursday in New York.
WAGE & HOUR
A lawyer for the city of Philadelphia on Thursday pushed a Pennsylvania federal judge for a hearing and discovery to fight off the Chamber of Commerce for Greater Philadelphia’s bid to halt an ordinance that would bar employers from asking applicants about their pay history.
An Orlando-based resort chain has been ordered to pay more than $400,000 in back pay and penalties after the U.S. Department of Labor found the employer repeatedly changed payroll records to avoid paying overtime.
A group of campaign organizers who say they frequently worked 80-hour weeks hit the Democratic National Committee and Arizona Democratic Party with a lawsuit Tuesday claiming they were misclassified as exempt from state and federal overtime pay requirements.
Amazon.com urged a Florida federal judge on Wednesday to deny certification to a proposed class of job applicants who claim the e-commerce giant performed consumer background checks on them without following strict legal requirements.
The New Jersey Supreme Court on Thursday narrowly ruled that an unemployment compensation law amendment allowing for people who left their jobs for better ones to receive benefits doesn’t apply retroactively, dealing a blow to a nurse who filed her unsuccessful claim before the change was enacted.
MillerCoors asked an Illinois state judge on Wednesday to block its top strategist from joining the team at Corona and Modelo maker Constellation Brands, saying his actions both before and after his departure violate several restrictive covenants he agreed to upon starting with the company.
A medical testing laboratory’s former head and two others committed $17 million worth of Medicare fraud, a South Carolina federal jury found Wednesday, according to prosecutors who also said the verdict in the whistleblower suit will be automatically trebled to $51.2 million.
The Third Circuit affirmed the dismissal of a former DuPont research associate’s whistleblower complaint that he endured workplace retaliation after he complained that the chemical giant didn’t report a carcinogenic gas release, ruling Wednesday that he should have exhausted his administrative options before resorting to court action.
A photographer who worked on a Princess cruise vessel and claims he suffers from post-traumatic stress disorder after being forced to document a scene where an alleged murder took place aboard ship has urged a California federal court to deny the line’s bid to send the dispute to arbitration in Bermuda.
The Seventh Circuit on Wednesday rejected a wrongful termination suit against Cook County, Illinois, and its Department of Transportation and Highways, saying the fired employee couldn’t prove his constitutional rights or any other laws were violated, despite it being a case “filled with intrigue” with claims of jealous co-workers falsifying allegations the employee made workplace threats.
A Delaware bankruptcy judge gave M&G USA Corp. the green light Thursday to sell its West Virginia plastics plant to a unit of Taiwanese conglomerate Far Eastern New Century, which won a Chapter 11 auction with a $33.5 million bid that more than doubled the stalking horse bid.
Two Romano’s Macaroni Grill chefs objected Wednesday to the restaurant chain’s Chapter 11 reorganization plan in Delaware bankruptcy court, saying they and a proposed class of other workers who were laid off with no warning deserve to know how their claim for up to $1.3 million will be treated.
A bankrupt and up-for-sale Boston Herald on Thursday rejected its contract with the Communications Workers of America but secured Delaware bankruptcy court approval for a reworked sale process requiring part or all of any bid to include terms or cash that help cover displaced worker claims.
The trustee for bankrupt World Marketing LLC told an Illinois federal court Wednesday that World Marketing’s former counsel Crane Heyman Simon Welch & Clar couldn’t duck a malpractice case alleging it gave the company bad advice about the need to warn employees about looming layoffs.
Bankrupt construction contractor Advanced Contracting Solutions Inc. can sell its assets to a competitor for $22 million, a New York bankruptcy court said Wednesday, rejecting arguments that the sale was a “secret agreement” aimed at skirting the same union obligations that brought ACS down in the first place.
With its recent decision in Manitowoc Company v. Lanning, the Wisconsin Supreme Court has delivered a clear message to employers that all manner of competition restrictions may be subject to close scrutiny and analyzed the same as a traditional noncompete, say Robert Duda Jr. and Terry Smith of Smith O’Callaghan & White.
Because courts have not modernized as quickly as companies like Amazon, Tesla and Apple, Americans are becoming increasingly dissatisfied, but technological innovations may be able to help Americans access their due process, says Stephen Kane of FairClaims.
Law school taught me how to think like a lawyer, but the district court judge I clerked for my first year out of law school taught me how to be a lawyer. This was the gift she gave to all of her law clerks, in one form or another, says M.C. Sungaila of Haynes and Boone LLP.
With a traveling D.C. Circuit seal affixed to a wall behind him, a table-turned-makeshift bench beneath him and a room full of law students in front of him in an American University conference hall, Chief Judge Merrick B. Garland started oral arguments in two appeals last week by answering his own question: Why are we here?
Cook County Circuit Court Clerk Dorothy Brown is appealing an injunction that would have required her office to provide instant access to lawsuits filed electronically in the Chicago-area circuit courts by next week, according to court documents filed Wednesday.
A team of attorneys led by Norton Rose Fulbright’s Abbe Lowell secured the dismissal of the corruption case against U.S. Sen. Bob Menendez, D-N.J., earning them a spot on this week’s legal lions list, while the legal lambs list was headed up by a Troutman Sanders LLP attorney bench-slapped by the Eleventh Circuit for convincing a district court to shirk the appeals court’s mandate in a retail chain exclusivity row.
Law360 is looking for avid readers of our publications to serve as members on our 2018 editorial advisory boards.
We hope you found this message to be useful.
However, if you’d rather not receive future emails of this sort,
you may unsubscribe here.
Please DO NOT reply to this email. For customer support inquiries, please call 1-646-783-7100 or visit our Contact Us page.
Law360 | Portfolio Media, Inc, 111 West 19th Street, 5th Floor, New York, NY 10011