| TOP NEWS
Although critics have accused the National Labor Relations Board of becoming overly politicized in recent years — and the board’s stance on issues like the legality of class waivers has left businesses and worker advocates sharply divided — former NLRB Chair Philip Miscimarra told Law360 in an exclusive interview that the labor board isn’t operating any differently than it has in the past.
Guess? Inc. has announced that co-founder Paul Marciano has resigned as executive chairman of the lifestyle brand after Glaser Weil LLP found he exercised “poor judgment” when communicating with models and photographers, adding that he and the company agreed to settle five individuals’ allegations of inappropriate conduct for $500,000.
The U.S. Equal Employment Opportunity Commission won an Illinois federal judge’s approval Monday of a $4.4 million settlement with Amsted Rail Co. Inc. to end a disability bias suit alleging the steel castings manufacturer illegally rejected job applicants based on a medical test for carpal tunnel syndrome.
A telecom services technician can pursue a proposed wage-and-hour class action even though he signed an arbitration agreement that included a class waiver provision since the document names only the employer’s parent company as a party, the Fourth Circuit ruled Tuesday.
An Ohio megachurch cafe that in April convinced the Sixth Circuit to wipe out the U.S. Department of Labor’s win on allegations that it “spiritually coerced” congregants into volunteering must make its case for the agency to pay its attorneys’ fees to the district court judge who ruled against it, the appeals court said on Tuesday.
NFL quarterback Colin Kaepernick, who started a wave of player national anthem protests, is expected to try to compel U.S. President Donald Trump to testify in an ongoing labor grievance, a move some experts said strategically looks to turn the president’s politicization of the issue to Kaepernick’s advantage.
A Pennsylvania federal jury has deadlocked over allegations the Allegheny County Office of the Public Defender passes over older attorneys for promotions and assigns them undesirable work, resulting in a mistrial.
The Fifth Circuit on Monday sided with an employee who is suing engineering and construction services firm Ref-Chem LP, holding that the company’s failure to sign an arbitration agreement the employee had signed meant she had standing to bring her sexual harassment lawsuit in court.
WAGE & HOUR
A California federal judge on Tuesday held off on preliminarily approving a $3.15 million settlement that would end two putative class actions alleging a FedEx logistics subsidiary didn’t give workers breaks and violated the Fair Credit Reporting Act, saying during a hearing the deal is “very confusing” and needs to be revised.
A former Dallas Cowboys cheerleader filed a putative class action in Texas federal court Tuesday, alleging the NFL team violated the Fair Labor Standards Act and the Equal Pay Act by failing to pay proper overtime and for paying her less than “Rowdy,” the team mascot, who is male.
A government watchdog that last year sued the U.S. Department of Labor seeking records related to its overtime and fiduciary rules told a Washington, D.C., federal judge Monday that it’s “concerned” the agency hasn’t been as forthcoming about its record searches as it should be.
A Burger King Corp. franchisee illegally disciplined a group of workers with known union ties who participated in a one-day strike in 2015, the Eighth Circuit ruled Tuesday, letting stand a National Labor Relations Board decision that the workers’ action was protected by federal labor law.
A federal magistrate judge in Texas has recommended that a lawsuit brought by the Communication Workers of America AFL-CIO against AT&T seeking to halt the layoffs of 713 workers be tossed, citing an arbitration provision in an agreement between the groups.
A suit lodged by Walmart Inc. against its chief tax officer for entertaining a job offer with Amazon.com Inc. will proceed on an expedited basis after a Delaware state court judge on Tuesday agreed that the job offer represents a threat of harm to the company, but urged the parties to explore a mutual resolution over the next week.
The Third Circuit ruled on Tuesday that a nurse who alleged she was fired after objecting to illegal activity at Southwest Regional Medical Center in Pennsylvania was not protected by the whistleblower provisions in the Emergency Medical Treatment and Active Labor Act because she had not first made a report of the activity.
A California state appeals court on Monday declined to revive a purported whistleblower suit alleging LabCorp had pressured a genetic counselor to alter a patient’s medical records and then fired her, saying there was nothing medical about the records or illegal about the changes the counselor was asked to make.
A Missouri state jury awarded NFL running back Reggie Bush $12.45 million in damages from the Los Angeles Rams on Tuesday for a knee injury he suffered during a game in St. Louis in 2015, the St. Louis Post-Dispatch reported.
Enforcement activities performed by the Occupational Safety and Health Administration have decreased since the start of the Trump administration and experienced an even bigger decline at the start of the 2018 fiscal year, a report released Tuesday by the National Employment Law Project said.
One of Andrew McCabe’s attorneys at Boies Schiller Flexner LLP on Tuesday sued the FBI and the U.S. Department of Justice for allegedly holding out on a Freedom of Information Act request the lawyer says is essential for protecting and advancing the fired FBI deputy director’s legal interests.
A former executive at Ice Cube’s scandal-plagued three-on-three basketball league is suing the organization and its co-founder in California state court, alleging he was forced to quit because he refused to lie about a bitter business dispute with Arab investors marked by “erratic behavior” and “racist rhetoric.”
Akerman LLP strengthened its employment practice with a former Ogletree Deakins Nash Smoak & Stewart PC attorney with experience defending employers against class action claims and federal agencies, making her the sixth management-side employment attorney to join the firm’s Los Angeles office this year, the firm announced Monday.
LeClairRyan has announced it has landed a duo of labor and employment attorneys from Ogletree Deakins Nash Smoak & Stewart PC, saying the two have come on as partners in the firm’s Los Angeles office.
Since the turn of the 21st century, the number of Fair Labor Standards Act lawsuits filed in federal court has increased by more than 300 percent. A confluence of four key factors resulted in this explosion of wage and hour litigation, say Richard Alfred and Kyle Petersen of Seyfarth Shaw LLP.
Tax-exempt and governmental entities are now subject to a 21 percent excise tax on excess compensation and severance pay given to their five most highly paid employees. If done with care, converting compensation to retirement plan contributions can help reduce or avoid these excise taxes, says Lowell Walters of Carlton Fields.
New Jersey Gov. Phil Murphy recently signed a new executive order turning up the heat on construction companies that misclassify employees as independent contractors. Moving forward, New Jersey construction firms may face the kind of scrutiny that New York contractors have seen for several years now, say Kevin O’Connor and Joseph Vento of Peckar & Abramson PC.
Debevoise & Plimpton LLP and New York-based commercial litigation boutique law firm Holwell Shuster & Goldberg LLP on Tuesday announced they have adopted new associate pay scales and bonus structures that match the raises made public a day earlier by Cravath Swaine & Moore LLP.
A former banking partner at Locke Lord LLP will face two counts of fraud in an English court in July for allegedly inflicting financial losses on members of a multimillion-pound investment scheme, the Crown Prosecution Service told Law360 on Tuesday.
Pro Bono Spotlight
A woman who spent virtually her entire life under the control of a cult that trafficked her from city to city and forced her to work without pay for a decade secured an almost $8 million judgment in Kansas federal court in May, thanks to the pro bono representation of McGuireWoods LLP.
In what the American Bar Association says may be the first time an operating law school’s accreditation approval has been involuntarily revoked, the organization announced last week that it is withdrawing its stamp of approval from for-profit Arizona Summit Law School and giving the school 10 days to appeal.