| TOP NEWS
The $1.3 trillion omnibus spending bill that passed the House on Thursday spared the U.S. Department of Labor and the National Labor Relations Board from drastic budget reductions that had recently been proposed by the Trump administration.
The Massachusetts Appeals Court held Thursday that a janitorial services company was wrongly denied its request to arbitrate a franchisee’s misclassification claims, saying a lower court incorrectly concluded the company waived its arbitration right by raising certain arguments on the merits of those claims.
The Ninth Circuit ruled Thursday that FedEx Corporate Services Inc. must face a former sales executive’s bias suit, saying she presented enough evidence that a supervisor discriminated against her and conducted a sham investigation into allegations she submitted false records as pretext to fire her.
A California federal judge said Thursday insufficient evidence prevented him from certifying a class of Coach store managers who say they were misclassified as overtime-exempt, but added he’d likely let the workers try again with another attorney rather than “punishing [them] for the possible incompetence of the lawyer who’s representing them.”
A former Fox News anchor who reportedly reached a sexual harassment settlement with ex-Fox News star Bill O’Reilly sued him for defamation in New York federal court Thursday for allegedly launching a smear campaign against her after his multiple settlements, which led to his firing, came to light.
Two civil rights groups sued the Office of Management and Budget on Wednesday, asking a D.C. federal court to make the agency release documents related to its decision to block an Equal Employment Opportunity Commission initiative aimed at finding gender- and race-based pay gaps.
The University of California Board of Regents urged a California federal judge Thursday to grant it a quick win on a U.C. Berkeley administrator’s sexual harassment claims against former vice chancellor for research Graham Fleming, arguing that the administrator waited too long to formally lob the allegations.
WAGE & HOUR
Outten & Golden LLP and Fitapelli & Schaffer LLP on Wednesday requested $6.36 million in fees and nearly $300,000 in costs as part of a $19.1 million settlement ending a wage class action against restaurant chain TGI Friday’s Inc. in New York federal court.
The federal spending bill that passed the U.S. House of Representatives Thursday includes a provision that would block the part of the U.S. Department of Labor’s controversial tip pooling rule that lets employers keep workers’ tips.
The latest federal spending bill would deal a blow to efforts by professional baseball players in MLB’s minor leagues to earn higher wages for their work, as the legislation includes language that would exempt minor leaguers from federal wage and hour laws.
A Massachusetts federal judge on Thursday dismissed the case against two Boston City Hall aides accused of pressuring a music festival into hiring unneeded union labor, saying prosecutors could not meet the court’s standard to prove extortion.
A New Jersey Assembly panel on Thursday advanced legislation that would require employers to provide earned sick leave to their workers in the state amid criticism that the proposed measure would not cover per-diem health care workers and thus put patients at risk.
Fast-food sandwich chain Jimmy John’s on Wednesday asked an Illinois federal court to toss a putative class action alleging nonsolicitation and no-hire agreements between its franchises violate antitrust laws, saying the plaintiff doesn’t have standing to sue and the agreements clearly serve a viable, pro-competitive purpose.
A New Jersey federal judge on Thursday said it was premature to give Republic Franklin Insurance Co. a quick win in its bid to make Travelers Casualty Insurance Co. of America share the costs of defending a nearly $7 million trade secrets suit, ruling that it’s possible Republic’s claim could have been raised in related litigation.
The Union Pacific Railroad Co. urged the U.S. Supreme Court on Thursday not to overturn its victory in the Eighth Circuit that deemed its stock options for employees nontaxable, even if the high court rules against railroad companies in a similar and separate case before it.
A Kentucky federal judge has revived a workers’ compensation benefit petition from a former painter and laborer who said he developed a respiratory disorder at a government uranium-production facility, saying a doctor’s report casts doubt on whether the U.S. Department of Labor gave all available medical records to the expert whose opinion torpedoed the claim.
U.S. Security Associates Inc. is facing a putative worker class action in California alleging the security services company prohibited employees from using the toilet unless they had background checks.
Hospitality company Naples Hotel Group LLC on Wednesday moved to Florida federal court a proposed class action accusing it of obtaining consumer reports about job applicants and illegally using them to make hiring and firing decisions in violation of the Fair Credit Reporting Act.
A Virginia bankruptcy judge on Thursday officially authorized Toys R Us Inc. to wind down its U.S. operations and close over 700 stores, giving the iconic retailer until June 30 to empty store shelves and maximize returns, on the same day the company’s founder passed away.
Employers will want to give careful consideration to whether the benefits of the U.S. Department of Labor’s recently announced Payroll Audit Independent Determination, or PAID, program outweigh the negatives associated with having to turn themselves in to the Wage and Hour Division, says Jim Coleman of Constangy Brooks Smith & Prophete LLP.
U.S. Citizenship and Immigration Services’ recent announcement that it will temporarily suspend premium processing for the upcoming fiscal year’s H-1B petitions indicates the current suspension will apply only to fiscal year 2019. But as FY 2019 filings will only increase processing backlogs, the likelihood of a broader suspension of premium processing is material, say attorneys with Mayer Brown LLP.
Since passage of the Trump tax plan last year, companies have been touting bonuses they’ve handed down to rank-and-file employees. This highlights the trend of employers favoring bonuses over pay raises in the belief that variable, short-term rewards are less risky to the business than permanent increases in labor costs. But law firms have been using this strategy for years — and there are dangers, says Michael Moradzadeh of Rimon PC.
Global law firm Freshfields Bruckhaus Deringer LLP has filed its gender pay gap report with the U.K. government, revealing a 13.9 percent gap between average hourly pay of male and female employees in its London and Manchester offices.
A San Jose law school slapped the State Bar of California with a federal antitrust lawsuit Wednesday, claiming an agency committee that reviews law school accreditation matters is structured to favor certain schools.
Topping this week’s legal lions list is a team of attorneys from Labaton Sucharow LLP who secured two SEC whistleblower awards worth roughly $83 million for three tipsters, the agency’s largest award ever, while now-departed Latham & Watkins LLP Chair Bill Voge heads up the legal lambs list over the behavior, which included sending sexually explicit messages, that led to his resignation.
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