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With public-sector collective bargaining rights under assault in numerous statehouses and the U.S. Supreme Court mulling whether requiring public-sector workers to pay union fees is unconstitutional, a nine-day teachers strike in West Virginia that ended Tuesday may foreshadow an uptick in aggressive work stoppage tactics elsewhere, legal experts say.
Labor Secretary Alex Acosta said he would support a law blocking employers from pocketing workers’ tips Tuesday at a wide-ranging budget hearing that also touched on work visas, a proposal to let businesses join together to form health insurance “associations,” and a new initiative helping employers come clean on wage violations without litigation.
Upscale gym company Equinox did not show that a union tainted a representation election in three San Francisco locations by enlisting a worker fired for bringing a pellet gun to work in the union drive, the D.C. Circuit said on Tuesday, siding with the National Labor Relations Board.
The Weinstein Co.’s proposed $500 million sale to a group of investors led by former Small Business Administration head Maria Contreras-Sweet has fallen through, the investors said Tuesday, delivering the latest turn in a roller coaster ride that had the company warning last month of impending bankruptcy.
A New York federal judge has urged an attorney recruiter that accused Simpson Thacher & Bartlett LLP of failing to pay a $937,500 matchmaking bill to amend its complaint against the law firm, saying at a Tuesday hearing it could narrow the dispute and get the case moving.
The Sixth Circuit found for a Burger King franchisee Tuesday on a former store manager’s discrimination and wrongful termination claims, saying he didn’t bring most of his allegations to the Equal Employment Opportunity Commission before filing suit and didn’t offer sufficient evidence to support other contentions.
A New Jersey federal judge denied AutoZone’s partial motion to dismiss a suit alleging an employee was subjected to sexual harassment and had her hours reduced after filing a complaint, ruling that the statute of limitations on her claims began when she received a right-to-sue letter and not the date of the violations.
The federal government said Monday it need not fork over more information about the witnesses and documents that may be used to defend a ban on transgender military service members, arguing the U.S. has provided everything it must so far regarding a yet-to-be-finalized policy.
An Iowa meat processing company reached a settlement with the federal government over claims that it discriminated against its noncitizen employees when conducting employment eligibility verification procedures, the U.S. Department of Justice announced Monday.
WAGE & HOUR
Masonite Corp. employees asked a California federal judge on Monday to sign off on a $2.5 million settlement resolving class allegations that the door manufacturer violated state labor statutes by shorting workers on pay and denying them breaks.
A New Jersey federal judge on Tuesday granted certification to three subclasses of current and former American Airlines Inc. employees at Newark Liberty International Airport in a class action against the company alleging they were not paid for all the hours they worked.
A fund administrator’s poaching suit must proceed solely against a former executive it claims spurred an exodus of executives and their clients, after an Illinois federal judge on Monday tossed computer fraud and trade secrets claims against him and dismissed other executives and a rival fund.
The construction company tasked with the massive Hudson Yard Development Project claims in a suit filed in New York state court Monday that the Building and Construction Trades Council’s interference with the company’s attempt to sign union contracts caused $75 million in damages.
Federal prosecutors told a Massachusetts judge on Tuesday that he torpedoed their extortion case against two Boston mayoral aides last week in a ruling requiring them to prove what they admittedly cannot.
A South Carolina federal judge demanded Tuesday that a juror who posted on Facebook while working toward a $17 million verdict in a Medicare fraud trial return to court for a hearing on the posts, which came under scrutiny during post-trial motions.
Barnes & Thornburg LLP has hired a former Cooley LLP partner experienced in representing life sciences and technology clients in bankruptcies, complex transactions and debt financings to open an office in San Diego, making it the firm’s second California location, Barnes & Thornburg said Monday.
FisherBroyles LLP has added a former Dilworth Paxson LLP attorney who writes the popular Employer Handbook blog as a partner in Philadelphia, the cloud-based law firm said Monday.
A Florida federal judge recently allowed a class action to proceed against Amazon, on allegations that the company engaged in unfair pre-employment background check practices. The case highlights that even the most sophisticated employer can struggle with the varied and highly technical laws that govern this common employer function, say Alicia Samolis and Matthew Mitchell of Partridge Snow & Hahn LLP.
During recent oral arguments in Janus v. American Federation of State, County and Municipal Employees, the U.S. Supreme Court justices peppered counsel on both sides with questions about the First Amendment and the possible impacts of eliminating union agency fees. Notably, Justice Neil Gorsuch, who is expected to cast the deciding vote, did not ask a single question, say attorneys with Ballard Spahr LLP.
In Digital Realty Trust v. Somers, the U.S. Supreme Court undermined Wall Street’s advocacy of internal corporate compliance programs as an alternative to whistleblower reward laws. But the adverse impact of Digital’s Supreme Court victory can and should be mitigated, says Stephen Kohn of Kohn Kohn & Colapinto LLP.
Increasingly, when courts impose a “legal hold” they require legal supervision of the preservation process, meaning lawyers must rely heavily on information technology professionals to execute the mechanics. John Tredennick of Catalyst Repository Systems and Alon Israely of TotalDiscovery offer insights on how legal and IT can work together to make the process more efficient and fulfill the company’s legal obligations.
Lawyers who posit “hypotheticals” based on real client details on their blogs and via Twitter risk running afoul of their duty to keep confidences, the American Bar Association warned Tuesday.
The Senate voted to confirm President Donald Trump’s pick for a Louisiana federal judgeship Tuesday, the latest in a series of nominees to garner bipartisan support.
Mighty, a technology service provider for litigation funders, is making a move into the industry’s budding secondary market, announcing on Tuesday that it has raised $114 million to help personal injury-focused litigation funders scale their businesses.
A California federal bankruptcy judge erred when he decided the relationship between Heller Ehrman LLP and former client Paravue Corp. “conclusively terminated” in 2007 and started the clock running on Paravue’s $20 million malpractice suit, the Ninth Circuit said Monday.
A California federal judge held the Law School Admission Council in civil contempt Monday after finding the LSAT test maker violated a settlement agreement by failing to accommodate test takers with disabilities, extending the agreement in question by two years and calling for two more audits of LSAC’s compliance.
Efforts to stem the tide of mental health issues such as addiction among lawyers are mounting, and an American Bar Association conference in Chicago this week is including 12-step meetings in its official schedule for the first time.
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