| TOP NEWS
The California Supreme Court’s adoption of a new test making it harder for employers to show workers qualify as independent contractors will force businesses to either re-evaluate workers’ classification or gird for legal warfare to preserve their business models, attorneys say. Here, Law360 looks at four things businesses need to know.
Courts can certify class actions based on evidence that wouldn’t be allowed at trial, the Ninth Circuit said on Thursday in a published order reversing a decision that shot down claims that a California hospital underpaid a statewide class of nurses.
A California federal judge appeared likely Thursday to preliminarily approve Lyft’s $1.95 million deal ending claims it shorted drivers on “prime-time premium” pay, after attorneys said the deal wouldn’t foreclose a future independent contractor misclassification suit under the California Supreme Court’s recent Dynamex decision.
A Texas appeals court on Thursday struck down a $17 million award in favor of the family of a steel worker who drowned while working on a bridge project associated with Baylor University’s football stadium, saying the project’s contractor is protected from the lawsuit by an insurance program established by the school.
A California federal judge said Thursday she would grant final approval to a $6.5 million settlement between Frito-Lay Inc. and a class of California-based truck drivers who say the company’s piecemeal payment system shorted their wages, calling the deal “an excellent result.”
The U.S. Equal Employment Opportunity Commission in a Wednesday amicus brief urged the Fifth Circuit to revive a suit alleging a boiler repair company fired a straight woman for threatening to complain about being discriminated against over her sexuality.
A New Jersey federal jury has slammed Jersey City with roughly $2.1 million in damages in more than a decade’s worth of litigation over claims the city did not promote police sergeants to the rank of lieutenant as part of a retaliatory scheme against one of the officers.
A Texas appeals panel Thursday affirmed the tossing of a discrimination case against the University of Texas Medical Branch at Galveston brought by a nurse who claimed she was demoted for being Hispanic, with the court finding no indication she received less-favorable treatment than her non-Hispanic coworkers.
A New Jersey resident hit Bank of America NA with a putative class action in North Carolina federal court Thursday, alleging the bank refuses to hire qualified applicants based on their immigration status, even if they are authorized to work in the United States as a Deferred Action for Childhood Arrivals recipient.
WAGE & HOUR
A California judge on Thursday granted preliminary approval to Allstate’s agreement to pay $5.5 million to end a decadelong class action alleging the company made insurance adjusters do off-the-clock work and gave them inaccurate pay stubs, telling attorneys for the two sides they did a “fabulous job” to reach the settlement.
Major League Baseball told the Ninth Circuit on Wednesday that a class of minor league players suing over unpaid overtime can’t possibly overcome the fatal fact that ballplayers’ schedules vary wildly from person to person and team to team, making their Fair Labor Standards Act collective action utterly “unmanageable.”
A Florida federal court erred in determining that temporary workers originally from Honduras failed to establish that a strawberry farm should be on the hook for recruitment fees a staffing agency charged them, the workers told the Eleventh Circuit on Wednesday.
New Jersey Gov. Phil Murphy signed an executive order Thursday creating a task force to study employee misclassification, arguing that an estimated $535 million in taxes goes unreported annually because of the practice.
Mixed martial arts fighter Leslie “The Peacemaker” Smith filed a complaint with the National Labor Relations Board on Wednesday against the Ultimate Fighting Championship’s parent company, alleging the UFC cut her out of future fights in retaliation for her unionization drive.
A former Goldman Sachs programmer who swiped a chunk of valuable computer code on his last day of work can’t dodge an unlawful use conviction under state criminal laws, the New York Court of Appeals said Thursday in an opinion that sought to untangle the term “tangible” as it applies to the seemingly abstract concept of coding.
Payment systems company Citcon filed a complaint in California federal court on Wednesday alleging two former employees stole trade secrets before leaving to work for rival RiverPay Inc. and that one promised “10 times revenge” on Citcon for accusing RiverPay of illegal activity.
A Florida Coca-Cola bottler urged Delaware’s Chancellor to issue a preliminary injunction late Wednesday barring a fired bottling company executive from seeking Florida court action on a $43 million claim, citing negotiated rights to litigate in Delaware.
Attorneys for a class of ex-NFL players urged a Pennsylvania federal court Wednesday to reconsider class counsel’s recent $112.5 million fees award in multidistrict litigation over brain injuries that now-retired players sustained during their NFL careers, arguing the award was granted too soon.
Buchanan Ingersoll & Rooney PC said Thursday it has hired a former Troutman Sanders LLP partner with experience guiding financial institutions in leveraged financing and other transactions, as well as an employment attorney versed in personal injury, construction and other employer-related matters, bolstering the firm’s offerings in San Diego.
On Tuesday the California Supreme Court heard oral arguments in Troester v. Starbucks, a case that questions whether the de minimis doctrine applies to wage claims made under the California Labor Code. The court’s decision may drastically change how employers do business in the state, says Grant Alexander of Alston & Bird LLP.
The views of tax professionals and the IRS interpreting Internal Revenue Code Section 1061 are rapidly evolving in the aftermath of hurriedly adopted legislation. While future corrective legislation and agency interpretations may target planning, the statute in its current form provides opportunities for taxpayers to work around the negative consequences of the new three-year holding period for certain carried interests, say attorneys at Frost Brown Todd LLP.
The advancement in connected technologies and software has created an explosion of nontraditional data sources that present challenges to e-discovery practitioners. Many tools and techniques used to process traditional data may not be practical for these new data types, say Jason Paroff and Sagi Sam of Epiq.
Many BigLaw firms expect more technical expertise and business development skills from newly minted associates than they once did as practices strive to get ahead in a legal market in which clients are tightening their belts.
The Texas Supreme Court’s proposed changes to attorney disciplinary rules have earned the ire of dozens of lawyers who say the rules would subject them to overly broad subpoenas, cut them out of investigatory hearings and unjustly penalize them for advocating for their innocence when accused of misconduct.
Female lawyers need to advocate for themselves in pursuing greater roles in the courtroom and within their firms, prominent women attorneys said Thursday at a New Jersey panel discussion.
Lawyers with Wachtell Lipton Rosen & Katz and Morrison & Foerster LLP are leading an army of attorneys that head this week’s lions list for their work on a recently announced tie-up between T-Mobile and Sprint, while the lambs list kicks off with an attorney whose Instagram posting led to a $10,000 sanction.
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