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The U.S. Department of Labor’s Wage and Hour Division issued its first set of new opinion letters in nearly a decade Thursday, laying out its stances on when workers should be paid for health-related rest breaks and time spent traveling for work, and what forms of lump-sum payment should be garnished for child support.
Labor Secretary Alex Acosta on Thursday defended his decision not to disclose the share of workers’ tips that the U.S. Department of Labor estimated employers would have pocketed under its December proposal to undo Obama-era restrictions on tip pooling in a relatively cordial hearing before a U.S. Senate appropriations subcommittee.
The U.S. Senate on Thursday confirmed Patrick Pizzella as deputy labor secretary, filling one of several top political positions at the U.S. Department of Labor that have remained unfilled more than a year into President Donald Trump’s administration.
Corporate legal departments were caught off guard by the U.S. Department of Justice’s 2016 guidance signalling that the agency would criminally prosecute certain employment-related agreements between companies, and a panel of in-house leaders said Thursday they’re waiting for further developments in the space.
Washington’s highest court on Thursday disbarred a former Dorsey & Whitney LLP employment and immigration partner over repeated lying and theft related to representing outside clients while at Dorsey and later at Ogletree Deakins Nash Smoak & Stewart PC, upholding the state bar association disciplinary board’s unanimous recommendation.
A former Miami Dolphins cheerleader on Wednesday filed a Florida state human rights complaint against the team and the National Football League claiming she was harassed for expressing her religious beliefs.
WAGE & HOUR
A Massachusetts federal judge on Thursday tossed a $1.2 million labor dispute filed by a Florida truck driver accusing his former Bay State employer of misclassifying him as an independent contractor, ruling he was running a sizable trucking company.
A building materials maker and construction services provider will pay $4.55 million to settle class allegations that the company underpaid certain workers, did not give employees legally compliant rest and meal breaks, and committed other wage and hour violations, the workers told a California federal court Wednesday.
New York Gov. Andrew Cuomo signed legislation Thursday bolstering the rights of public-sector unions in the state, a preemptive strike against an anticipated decision by the U.S. Supreme Court siding with worker Mark Janus in his challenge to the constitutionality of so-called agency fees, a ruling that could deal a major blow to organized labor.
As a 25-year-old federal ban on sports gambling nears its possible demise in the U.S. Supreme Court, unions representing players in the four major professional sports leagues Thursday demanded an equal voice in the legalization conversation that has been dominated by the states, the leagues’ governing organizations and the gambling industry.
Medical device maker NuVasive sought to convince the Ninth Circuit at a hearing Thursday to overturn a $27.5 million verdict awarded to a spinal device distributor that alleged NuVasive cut off its supply and then poached its employees, arguing it was within its rights to end its agreement with the distributor.
A prolific False Claims Act whistleblower notched her latest multimillion-dollar settlement Thursday when Arizona-based hospital chain Banner Health coughed up $18.3 million to resolve allegations of unnecessary inpatient care.
A New York federal court jury awarded an additional $1.8 million, on top of the $6.6 million already awarded, to a subcontractor’s employee electrocuted at a construction site where Home Depot was the general contractor, finding that he deserves payment for past and future pain and suffering damages.
A California federal judge on Wednesday sent to arbitration a suit brought by a former employee of Snapchat maker Snap Inc. who alleged he was fired for raising concerns about the social media company’s user metrics, finding their contract was neither unconscionable nor ambiguous.
A dispute between Statoil Gulf Services LLC and an accountant who alleged she was fired in retaliation after telling superiors she believed some in the company were committing shareholder and securities fraud in violation of federal law, has been settled, the parties told a federal judge in Texas on Wednesday.
A putative class of employees at an Illinois-based security company slapped their employer with a lawsuit in Illinois state court Wednesday, saying their personal information is being collected through a finger-scan time-keeping device and stored, in violation of state biometric privacy laws.
Level Solar Inc. narrowly fended off a bid by its former CEO to liquidate the case, after a New York bankruptcy judge admonished both parties for “mudslinging nonsense” at a contentious hearing Thursday while saying she would give the debtor a few more weeks to get its act together.
A New York federal court recently granted a conditional certification of the Fair Labor Standards Act collective action claims in Julian v. Metropolitan Life Insurance. The case is being litigated hard and well by experienced FLSA counsel on both sides. As such, it is a useful vehicle to analyze cases of this nature and some of the issues that arise, says Frederick Warren of FordHarrison LLP.
The U.S. Supreme Court recently denied the petition for certiorari in Severson v. Heartland Woodcraft, where the Seventh Circuit put significant restrictions on the length of leave considered reasonable under the Americans with Disabilities Act. Given the inconsistent approaches among various courts, employers may find it challenging to create and follow best practices, says Allison Oasis Kahn of Carlton Fields.
Peter Francis Geraci — owner of a large consumer bankruptcy firm based in Chicago — recently lost two trade secret cases, illustrating just how difficult it can be to win a lawsuit for misappropriation against individuals employed by a rival, says James Morsch of Butler Rubin Saltarelli & Boyd LLP.
Tax reform’s modification of the carried interest rules received a lot of attention. However, reform did little else to alter the private equity landscape, and private equity portfolio managers still must address four particularly troublesome compensation issues, says Benjamin Ferrucci, a partner at Locke Lord LLP in Boston.
The impact of millennials has already been felt within the legal community by our eagerness to embrace new technologies. One way that we will have potentially even more impact lies in our willingness to embrace new ways of developing business and financing law, says Michael Perich of Burford Capital LLC.
If a law firm hasn’t made gender diversity a priority in its teams handling corporate cases, it won’t be competitive for company business, a panel of general counsel for major companies said at a conference on women in the courtroom in Chicago Thursday.
The Minority Corporate Counsel Association has partnered with Microsoft Corp. to launch a new data-driven initiative designed to give law firms and legal departments a road map for how to cultivate a more diverse bench of leaders, the organization said in a statement Thursday.
Wendy Vitter, a Republican lawyer tapped by President Donald Trump for the federal bench in Louisiana, may be in store for a tumultuous fight for her appointment despite following the typically pallid game plan employed by nearly all judicial picks when they appear before congressional confirmation hearings.
The Senate confirmed President Donald Trump’s picks for judgeships in Kansas and the Western District of Kentucky Thursday, sending two private practice attorneys to the federal bench.
Fenwick & West LLP said Thursday it will more than double the footprint of its New York City office when it relocates to the technology-friendly Flatiron District, a move the firm said will benefit its tech and life sciences clients.
Hogan Lovells LLP topped this week’s legal lions list, guiding client Novartis on an $8.7 billion deal to take over gene therapy company Avexis, while Kirkland & Ellis LLP ended up a legal lamb after a jury found its client Apple willfully infringed a network security patent, potentially putting the tech giant on the hook for more than $1.5 billion in damages.
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