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Turning to agency rulemaking — a mechanism the National Labor Relations Board has used just a handful of times in its 82-year history — to resolve when businesses can be deemed joint employers was the right move, as was the NLRB’s call for input on whether to scrap Obama-era regulations meant to streamline the union election process, former NLRB chair and current Morgan Lewis partner Philip Miscimarra told Law360 in an exclusive interview. This is the first article in a two-part series.
Dentons ignored a female business development specialist who complained that the male managing director of the firm’s venture technology group repeatedly groped her and hit on her using graphic come-ons, according to a suit filed Monday in New York state court.
The U.S. Supreme Court on Monday declined to review the Third Circuit’s ruling that workers must be paid for breaks of 20 minutes or less under the Fair Labor Standards Act, while also turning away an appeal of a Fifth Circuit ruling in a bias suit against a Pfizer unit.
Rail freight company CSX Transportation Inc. has agreed to pay $3.2 million to a class of female job applicants and to stop using two tests of applicants’ physical abilities the U.S. Equal Employment Opportunity Commission called discriminatory, according to a document filed Monday in West Virginia federal court.
The Cheesecake Factory Inc. was found liable in a $4.6 million wage theft case after the California Labor Commissioner’s Office found the upscale casual chain’s contractors withheld breaks and overtime pay from the workers who cleaned the restaurants at night, the agency said Monday.
The U.S. Supreme Court gave companies some relief Monday when it ruled that plaintiffs can’t file follow-on class actions after the statutory deadline has expired, but that relief could be short-lived if plaintiffs respond by taking more actions in the cases they’re involved in to preserve their rights.
The Eighth Circuit on Monday ruled that Walmart Inc. didn’t improperly drag its feet while negotiating a pre-suit settlement with a former marketing employee to cause him to miss a key deadline for filing a disability discrimination charge with the U.S. Equal Employment Opportunity Commission.
The Boston Globe LLC dropped its lawsuit in Massachusetts state court Monday seeking information from a former staffer who publicly claimed the newspaper’s editor sent her a sexually suggestive text message after the woman acknowledged their past relationship and said she wasn’t certain the message came during her employment.
The New Jersey Appellate Division on Monday revived a former Prudential employee’s malpractice suit accusing a law firm of improperly steering her race bias claim against the insurer to arbitration, ruling a lower court still has to determine whether the company had offered the opportunity to litigate the allegation in court.
WAGE & HOUR
An ex-Marriott waiter urged the Ninth Circuit on Monday to revive his putative wage class action, saying a lower court’s conclusion that hotel workers waived San Jose, California’s minimum wage under their collective bargaining agreement was based on a misreading of the local wage ordinance.
A federal judge ruled Monday that New Jersey law governs a group of Pennsylvania and Rhode Island truckers’ proposed class action alleging National Freight Inc. misclassified them as independent contractors and made illegal wage deductions, saying the claims, parties and relationships under dispute are most connected to the Garden State.
The U.S. Supreme Court on Monday said it will not hear a wage suppression case brought by scouts against Major League Baseball or litigation over a contract dispute between Wrigley Field-area rooftop owners and the Chicago Cubs, deciding not to review the league’s oft-criticized antitrust exemption.
The U.S. Department of Labor has admitted to erroneously approving improperly low pay to H-2B guest workers for a Philadelphia-area landscaping company as part of a deal to end class claims challenging the propriety of the process for employers to fight prevailing wage decisions.
The Texas Supreme Court has agreed to review a dispute between S&S Emergency Training Solutions Inc. and a former employee it alleges violated two non-disclosure agreements, in a case that asks the court to decide whether dismissal of the lawsuit under a state free speech law was appropriate.
A Houston construction firm that specializes in building athletic facilities hit its former sales representative with a lawsuit in Texas state court on Friday, claiming she stole its trade secrets when she left the company and used the confidential information to launch a rival business.
A former JPMorgan Chase & Co. wealth manager has settled her Manhattan federal court retaliation suit against the $379 billion bank, ending a lengthy fight that appeared bound for a third trip to the Second Circuit, according to a filing on Monday.
The Sixth Circuit on Monday revived, for the second time, a whistleblower False Claims Act suit accusing a senior living company of retroactively issuing doctors’ certifications underlying Medicare claims, saying the relator had sufficiently shown the alleged conduct was material to payment.
Defense contractor KBR Inc. should be ordered to add nine employees to its document and information search in a False Claims Act suit alleging that it bought excess supplies under a Middle East logistics contract, a pair of former employees told an Illinois federal court Friday.
A collection of unions representing employees at FirstEnergy Corp.’s bankrupt nuclear generation unit filed court papers Friday complaining that the company is seeking to pay nearly all but its unionized workers an aggregate of $100 million in bonuses for staying on the job as operations wind down.
Since the White House’s “call to action” for state restrictive covenant reform, over a dozen states have proposed and enacted laws reforming their use by employers. As more and more states answer the “call” and alter an already inconsistent legal landscape, employers that use these types of agreements should review them to ensure compliance, say Kevin Burns and Brian Ellixson of Fisher Phillips.
The U.S. Supreme Court’s decision in Masterpiece Cakeshop v. Colorado Civil Rights Commission granted victory to the cake shop owner, but on such narrow grounds that it won’t protect other religious dissenters from anti-discrimination laws. And it’s not generally understood how minuscule the victory is, says Andrew Koppelman, professor of law and political science at Northwestern University.
After a study showed widespread noncompliance, the IRS has begun taking a tougher stance on employers’ failure to timely meet payroll tax filing and payment requirements. Defenses for failure to comply are few, the penalties are stiff, and liability can be personal, so advisers should have clients respond to IRS inquiries with extreme care, says Michael Deblis of Deblis Law.
Cravath Swaine & Moore LLP on Monday announced plans to top the mid- and senior-level associate pay scale set forth a week ago by Milbank Tweed Hadley & McCloy LLP.
Nelson Mullins Riley & Scarborough LLP and Florida-based Broad and Cassel LLP will combine at the beginning of August, the firms announced on Monday, creating a consolidated firm with more than 725 attorneys nationwide and a strong footprint in the southeastern U.S.
The world of legal technology is quickly evolving, with new products coming to market in rapid succession. Here, Law360 takes a look at six recent developments.
Kevin Boyle has been the general counsel of Vencore for approximately the past year, guiding the $1.2 billion provider of information solutions, cybersecurity, engineering and analytics for the U.S. government through an initial public offering and a merger. Here, Law360 talks to Boyle about the recent merger, the one thing he values most in outside counsel, and his thoughts on the billable hour.