| TOP NEWS
A former Jones Day partner sued the firm in California court Tuesday for allegedly treating women as “second-class citizens,” providing preferential treatment to men and firing her for speaking out against its alleged “fraternity culture.”
The D.C. Circuit on Tuesday threw out a National Labor Relations Board decision to reinstate a Verizon employee fired for lying during an internal investigation, finding that the company didn’t target her for being a union supporter.
Bloomberg LP and a class of help desk representatives moved for a $54.5 million settlement in New York federal court Tuesday in a suit alleging the company wrongfully excluded them from overtime pay, according to the joint motion for settlement.
The National Labor Relations Board urged the Seventh Circuit on Tuesday to remand a Hobby Lobby appeal over whether its arbitration agreements pass legal muster, saying that while the blockbuster Epic Systems ruling wiped out the board’s initial rationale, numerous unanswered questions remain.
A split Ninth Circuit panel said Tuesday that an Arizona smelting company can’t challenge an arbitrator’s power to edit a collective bargaining agreement with a union after agreeing to arbitration, even though the contract bars the arbitrator from making any changes.
The Ninth Circuit ruled that a former CVS Pharmacy Inc. pharmacist must arbitrate his claims that the company didn’t give him an appropriate seating accommodation and illegally fired him because he was close to qualifying for certain retirement benefits.
WAGE & HOUR
The class counsel that helped 4,481 Golden State-based Wells Fargo home mortgage consultants who weren’t paid for rest breaks win $97.3 million from the banking giant asked a California federal court Tuesday for $24.3 million in fees, saying their work scored their clients a quick, large payout.
A Colorado federal judge refused Tuesday to enter judgment for former au pairs or the sponsoring agencies they accuse of colluding to set low pay rates in a Fair Labor Standards Act collective action, concluding that too many factual disputes remain to close out the case.
The NFL’s Houston Texans on Tuesday asked a Texas federal judge to send to arbitration the putative class action claims brought last month by a former cheerleader alleging wage and hour violations, citing an employment agreement requiring that such disputes be arbitrated.
Amazon was hit Monday with a proposed nationwide collective action in Florida alleging the company violated federal labor laws by shorting employees on overtime pay when they delivered packages for the giant e-commerce site.
The National Labor Relations Board ordered UPS’ supply chain division to bargain with a unit of Puerto Rican workers Monday, ruling it violated federal labor law by refusing to negotiate unless the workers helped pay to translate a proposed contract into English.
A National Labor Relations Board official has concluded that a Charter Communications Inc. employee could file a petition to decertify a union’s representation of workers in New York City since he was no longer a supervisor at the time the petition was filed, according to a decision issued Monday.
Two members of a carpenters union told a New York federal court Monday that the union’s leadership didn’t inform members about allegations that the union president had sexually harassed a female employee until after he won re-election in December.
A New Jersey state appeals court on Tuesday revived a whistleblower suit against Rutgers University from an ex-employee alleging he was fired in retaliation for his objecting to the school’s procurement methods, saying a trial court failed to spell out its reasons for dismissing the case and denying a bid to extend discovery.
Former NFL running back Reggie Bush’s $12.5 million award for a knee injury suffered at the Los Angeles Rams’ former stadium in St. Louis could embolden players to bring more personal injury suits against teams, a tide the league will attempt to stem in the upcoming round of labor negotiations.
The federal bankruptcy watchdog on Tuesday blasted construction heavyweight Navillus Tile Inc.’s plan to auction off its equity with a $500,000 opening bid, saying the proposed bidding procedures give too much protection to the stalking horse bidder — who is also Navillus’ CEO.
A former general counsel of the National Basketball Players Association who helped ink a $70 billion collective bargaining agreement for the union has joined the Office of the Attorney General for the District of Columbia as senior counsel for litigation.
In this monthly series, legal recruiters at Major Lindsey & Africa interview management from top law firms about navigating an increasingly competitive business environment. Here we feature Mia Stutzman, chief financial officer at Holland & Knight LLP.
Due to the idiosyncrasies of American bankruptcy law, The Weinstein Company’s recent bankruptcy filing could cause many of Harvey Weinstein’s accusers to receive pennies on the dollar relative to what they are owed under state and federal laws prohibiting workplace sexual harassment, say Matthew LaGarde and Jessica Westerman of Katz Marshall & Banks LLP.
Companies clearly believe that training programs are the most meaningful way to reduce employee carelessness when it comes to protecting corporate assets. However, as new survey results demonstrate, these training programs are not enough to combat the careless insider, says Audra Dial of Kilpatrick Townsend & Stockton LLP.
While the adoption of the two-stage standard for collective action certification may have been born of good intention, its current interpretation strains judicial resources and forces settlement regardless of the merits of Fair Labor Standards Act litigation, say Sari Alamuddin and Allison Powers of Morgan Lewis & Bockius LLP.
While some may say it’s ironic, it’s also embarrassing and enraging that the very industry that offers anti-harassment training, policies and counsel now finds itself the subject of #MeToo headlines. The American Bar Association recommendation that will bring about the greatest change is the call to provide alternative methods for reporting violations, says Beth Schroeder, chair of Raines Feldman LLP’s labor and employment group.
The recent race among law firms to raise salaries and bonuses for associates is likely to change the recruitment landscape for young lawyers and put further distance between an elite echelon of highly profitable firms that can attract the top talent and everyone else, but the upshot for clients is less clear.
As more law firms each day announce their decisions to raise associate pay to match new industry benchmarks set earlier this month by Milbank Tweed Hadley McCloy LLP and Cravath Swaine & Moore LLP, a few law firms have made it clear they plan to opt out.
Vinson & Elkins LLP and Kramer Levin Naftalis & Frankel LLP have both announced associate raises matching the new pay scale set by Cravath Swaine & Moore LLP last week, according to internal memos made public over the past days.
A former professor and an alumnus of the now-closed Charlotte School of Law slammed it and its parent company, Infilaw Corp., in a filing in Florida federal court Monday, deriding their attempts to escape a False Claims Act suit over how the for-profit institution was operated.