| TOP NEWS
The U.S. Supreme Court on Monday turned away two appeals challenging the U.S. Department of Labor’s 2011 rule barring businesses from making tipped workers share their gratuities with nontipped workers such as dishwashers, declining the cases after Congress pulled parts of the rule in this year’s federal spending bill.
A California state appeals court ruled Monday that the method of calculating payroll used by a Los Angeles-area hospital system that automatically rounds workers’ hours either up or down to the nearest quarter-hour was legal since it didn’t result in workers being systematically underpaid over time.
The U.S. Supreme Court on Monday rejected a bid by Union Pacific Railroad Co. to review the extent of the U.S. Equal Employment Opportunity Commission’s subpoena power, keeping in place a Seventh Circuit ruling that said the agency could investigate workers’ allegations even after a private suit has ended.
A Second Circuit panel on Monday backed a lower court’s decision to give New York University a quick win in a suit from one of its former adjunct professors who said she was harassed and discriminated against for a host of reasons, rejecting her claims that she suffered from a hostile work environment and retaliation.
Google workers who signed a waiver releasing the tech giant from liability for on-the-job exposure to violent and sexual “adult content” urged a California judge Monday to approve a $1 million Private Attorneys General Act settlement to end claims the waiver violated state laws protecting workers’ right to report work conditions.
An Illinois federal judge on Monday allowed a federal antitrust claim in a proposed class suit by a former employee of a Florida McDonald’s franchisee to proceed, but trimmed the state law claims from the suit challenging the company’s policy prohibiting employee poaching.
The U.S. Supreme Court on Monday told the Washington Supreme Court to reconsider whether a florist violated state law by refusing to make a flower arrangement for a gay wedding in light of the court’s recent ruling that a Colorado civil rights panel had it in for a baker accused of anti-gay bias.
A former senior associate who is suing her old firm for allegedly firing her for taking leave under the Family and Medical Leave Act has also asked the court to sanction the civil defense firm, saying it has ignored a court order to hand over certain documents and has treated court-ordered deposition dates as a “loose guideline.”
The Second Circuit on Monday affirmed the dismissal of a discrimination, retaliation and hostile work environment suit against the New York State Office of Alcoholism and Substance Abuse Services, holding that a former employee of the agency didn’t show she was treated differently because of her race.
A New Jersey state judge’s discrimination lawsuit against the state judiciary and two fellow jurists has been paused amid misconduct charges against him in a disciplinary action claiming that he asked an alleged sexual assault victim seeking a restraining order about how she fought off unwanted sex.
WAGE & HOUR
A proposed class of PepsiCo Inc. truck drivers asked a California federal court to preliminarily approve a $5 million settlement that would resolve allegations that the beverage giant failed to pay them overtime, provide meal and rest breaks, and reimburse their business expenses in violation of state and federal labor statutes.
A Pennsylvania appeals court will not reconsider its decision to order further analysis from a trial judge on the reasoning behind what Wal-Mart Stores Inc. argues was an excessive fee award for attorneys who secured a $241 million award in a wage-and-hour class action against the retail giant.
The online meal delivery service Grubhub Inc. and a former driver found by a lower court to be an independent contractor rather than an employee have filed dueling letters with the Ninth Circuit over whether the case should be reconsidered in light of a landmark California Supreme Court ruling.
A Massachusetts deliveryman who claims LaserShip misclassified and underpaid workers must transfer his class action to Virginia, where the package distribution company will seek to enforce a mandatory arbitration clause, a federal judge ruled in an order published Monday.
Time Warner Cable didn’t illegally suspend four workers who participated in a demonstration outside a New York facility, a split National Labor Relations Board ruled on Friday, saying the action flouted a no-strike provision in the parties’ collective bargaining agreement.
A marketing company in the tire industry must face claims that it breached employment and asset purchase agreements with the former owner of an acquired company after a Minnesota federal judge ruled that the terms of the owner’s employment agreement were ambiguous.
A Seventh Circuit panel on Monday laid into a former Teledyne Technologies employee accused of stealing trade secrets when he was fired, concluding that he had shown “nothing but disrespect, deceit, and flat‐out hostility” in disregarding several district court orders.
The U.S. Supreme Court declined Monday to revisit a long-running False Claims Act case accusing KBR Inc. of overcharging the military for water purification services, after being asked to take up the case for a second time to address the FCA’s first-to-file bar.
Caris Healthcare LP will pay $8.5 million to settle allegations the company knowingly submitted claims and received overpayments for patients who were being treated in hospice care but weren’t terminally ill, the U.S. Department of Justice said Monday.
A New Jersey appeals court on Monday revived a former employee’s whistleblower suit against a Toyota car dealership, ruling that the judge shouldn’t have excluded a state labor agency’s audit accusing the company of wrongdoing at trial.
The U.S. Department of Labor’s mine safety office may issue new regulations aimed at reducing deaths related to mining vehicle accidents and the use of belt conveyor systems, according to an information request set to be published in the Federal Register on Tuesday.
The U.S. Trustee’s Office Monday asked a New York bankruptcy court to reject bankrupt envelope maker Cenveo Inc.’s revised Chapter 11 plan, saying its executive bonus plan is too vague and its liability releases too sweeping.
A Colorado federal judge recently approved a deal in which the University of Denver agreed to institute salary increases and pay $2.66 million to settle an equal pay lawsuit filed by the U.S. Equal Employment Opportunity Commission on behalf of seven female professors. Jacqueline Beaumont of Call & Jensen discusses the most noteworthy aspects of the agreement.
Today, wages are stagnating while CEO and executive pay continue to skyrocket, many workers in low-wage industries struggle to bring home minimum wage due to weakly enforced wage theft laws, and some employers are finding more ways to outsource work and evade responsibility for their workers. We need the Fair Labor Standards Act more than ever, says Catherine Ruckelshaus, general counsel at the National Employment Law Project.
I found that senior members of Congress didn’t have time to mentor younger members. Lawyers — though just as busy as members of Congress — cannot afford to follow this model, says former Rep. Charles Gonzalez, D-Texas, of Ogletree Deakins Nash Smoak & Stewart PC.
Due to the nature of trade secret cases, it is often critical for plaintiffs to obtain and preserve evidence early in discovery. Fortunately, there are a number of early discovery weapons available to trade secret litigants, including expedited discovery and ex parte seizures, say Michael Allan and Li Guo of Steptoe & Johnson LLP.
Modern information technology, intelligent algorithms and production robots are strongly influencing the working world in the 21st century. This article, by attorneys at CMS Francis Lefebvre, provides an overview of the future labor market as well as the impact of artificial intelligence on labor law and tax issues.
LEXIS PRACTICE ADVISOR
In this guide to arbitrating employment disputes before the Financial Industry Regulatory Authority, Steven Hurd and Andrew Sherwood of Proskauer Rose LLP review the FINRA arbitration process from start to finish, describing the procedures and offering strategies for each phase.
Susman Godfrey LLP has topped the associate compensation scale put forth two weeks ago by Cravath Swaine & Moore LLP by offering an additional $5,000 for each class of attorneys, the Texas-based law firm said Monday.
The owner of the building that housed Sedgwick LLP’s Chicago office asked a California state court for an entry of default against the now-defunct law firm and its partners Friday, a request that came almost three months after the landlord filed a suit alleging breach of contract and seeking more than $450,000 in damages.
The number of allegations of blown cases and bad legal advice last year appeared steady even as the number of mega-sized malpractice bills continued to grow, according to insurer data released Monday.
The U.S. Supreme Court on Monday declined to hear a bid by Sierra Pacific Industries Inc. to overturn a Ninth Circuit decision upholding a $55 million California wildfire settlement and acreage transfer in a case where a federal judge’s allegedly improper tweets were also at issue.
Throughout her law career, Melinda Stier has had two stints at Kimpton Hotels & Restaurants, a path she refers to as a “boomerang.” From 2004 until 2007, she worked as vice president and assistant general counsel, and now she is at the top of the legal rung. Here, Stier shares ways the hotel industry is adapting to changes in technology and the most important skills for a general counsel that she didn’t learn in law school.