The U.S. Supreme Court’s Tuesday ruling that transportation workers, regardless of whether they’re employees or independent contractors, are exempt from the Federal Arbitration Act chipped at the shield some employers have long relied on to insulate themselves from legal attacks, experts say.
Store managers at Trans World Entertainment Corp.’s media retailer FYE who contend they were misclassified as exempt from time-and-a-half overtime requirements had their lawsuit conditionally certified as a collective action by an Albany federal judge on Tuesday.
New York state lawmakers on Tuesday passed a bill to outlaw gender identity-based discrimination, bringing an end to a 16-year push to get the legislation on the governor’s desk.
Uber told a California federal judge on Monday that drivers requesting an order to force the ride-hailing company to cover the costs of their individual arbitrations over a classification dispute are impeding their own progress by seeking the order in federal court and refusing to pay their filing fees.
The National Labor Relations Board general counsel’s office unveiled a trio of advice memorandums on Monday, finding in one that an energy company could start enforcing a nonsolicitation clause that prevented subcontractors from hiring its workers for six months without first bargaining with the union that represented them.
Walgreen Co. and a Chicago private equity investment company must face a woman’s lawsuit claiming they wrongfully fired her from a business she helped create and they now own because they held substantial control over her working conditions, an Illinois federal judge held Tuesday.
Barnes & Thornburg LLP has announced the addition of three new partners to its Dallas office, allowing the firm to continue strengthening its corporate litigation, intellectual property, and labor and employment practices.
Congressional Democrats are planning to introduce legislation Wednesday that would lift the federal minimum wage to $15 by 2024, setting the stage for what could be a protracted battle over where the national wage floor should be. Could the ensuing debate on Capitol Hill lead to the first federal minimum wage increase in a decade?
The U.S. Trustee’s Office on Tuesday asked a New York bankruptcy court to deny cosmetics maker Glansaol Holdings Inc.’s request to pay up to $1.4 million in executive bonuses, saying there was no proof the goals are a stretch or that bonuses won’t be going to insiders.
An Iowa federal judge on Tuesday decertified a class of female CRST Expedited Inc. drivers who have alleged the trucking company maintained practices that resulted in them enduring a hostile work environment based on their sex, while also agreeing to toss a retaliation claim.
U.S. attorney general nominee William Barr on Tuesday walked back previous comments about the False Claims Act's whistleblower provisions' being an "abomination" and unconstitutional, saying he would "diligently enforce" the law if confirmed to lead the U.S. Department of Justice.
The Delaware chancellor ruled Tuesday that Papa John’s International Inc. founder and former CEO John Schnatter should be given records he requested over what he contends was his unfair ouster and the company’s improper handling of backlash over alleged racist comments he made about the NFL’s handling of national anthem protests.
A former Facebook sales employee has urged an Illinois federal court to reject the social media giant's bid for a quick win in her suit claiming the company uniformly misclassified its workers and illegally deprived them of overtime pay to save on labor costs.
A truck body manufacturer accused in a proposed class action of failing to provide employees with required work breaks contended in California federal court Monday the suit should be tossed, saying just because employees must stay on-premises, it does not mean that their 10-minute rest periods under state labor laws are being violated.
A proposed class of Philadelphia, Pennsylvania-area UberBlack limo drivers asked the Third Circuit to revive their suit accusing Uber Technologies Inc. of violating state and federal labor laws, saying a district court prematurely determined they were independent contractors and not employees entitled to minimum and overtime wages.
The U.S. Supreme Court ruled Tuesday that trucking company New Prime Inc. cannot compel arbitration in a class action alleging it failed to pay independent contractor truck-driver apprentices the proper minimum wage, saying transportation workers engaged in interstate commerce, including those classified as independent contractors, are exempt from the Federal Arbitration Act.
The ex-wife of former NFL player Joe Phillips can’t join a suit against the Kansas City Chiefs that was settled late last year, a Philadelphia federal court ruled Monday, finding the request is both too late and barred by the broader 2015 concussion settlement.
A National Labor Relations Board judge has held that a 55-54 vote against unionization at a railroad tank car company should be certified even though there were National Labor Relations Act violations before the election, finding that it was "virtually impossible" to conclude the breaches influenced the results.
A Florida federal jury on Monday handed down a $21.5 million verdict against Park Hotels & Resort, formerly known as Hilton Worldwide Inc., in a suit brought by a dishwasher alleging religious discrimination when she was fired after refusing to work on a Sunday.
Attorneys who handle restrictive covenants will be following a handful of cases and open legal questions as the new year progresses, including a series of suits challenging no-poach agreements and an anticipated wave of litigation over Massachusetts’ new noncompete law. Here, Law360 breaks down what lawyers will be keeping an eye on.
Lately it’s become reasonable to ask: Is there any arbitration provision — however lopsided and unfair — that the U.S. Supreme Court won’t deem enforceable under the Federal Arbitration Act? Thanks to Tuesday's decision in New Prime v. Oliveira, the answer is finally yes, says Scott Oswald of The Employment Law Group PC.
Alternative fee agreements can help align law firm and client interests, increase efficiency and eliminate corporate extortion, among other benefits. They are the best thing to happen to the practice of law in decades, says Kelly Eisenlohr-Moul at Dinsmore & Shohl LLP.
In this installment of their four-part series, attorneys at Skadden Arps Slate Meagher & Flom LLP offer insights to companies on executive compensation matters for 2019 — including pay ratio and hedging disclosures, say-on-pay votes and changes in pay practices due to the Tax Cuts and Jobs Act.
Each company faces important decisions in preparing for its 2019 annual meeting and reporting season. This four-part series by attorneys at Skadden Arps Slate Meagher & Flom LLP covers essential items on which companies should focus, including corporate governance, executive compensation and disclosure matters.
Last week, the U.S. Supreme Court denied certiorari in two major False Claims Act cases, both involving the government’s knowledge or suspicion of violations allegedly resulting in knowingly false claims. Nichols Liu LLP attorneys consider the implications for the materiality standard and FCA cases going forward.
Can lawyers lead a revolution? According to "The Clamor of Lawyers: The American Revolution and Crisis in the Legal Profession" — a slim but elegant volume by Peter Charles Hoffer and Williamjames Hull Hoffer — they can and they did, says First Circuit Judge David Barron.
The legal landscape for the automotive sector continued its evolution in 2018 with the development of new technology becoming a focal point for litigation, patenting and regulation, say attorneys with WilmerHale.
Recent court decisions and regulatory actions indicate that the employee tip credit landscape appears to be in flux. Elizabeth Arnold and Chester Hanvey of Berkeley Research Group LLC examine scientifically based methodologies used to determine how employees spend their time and to identify time spent on “tippable” work.
A recently passed bill that changes how sexual harassment complaints are handled in Congress is a step in the right direction. However, it falls considerably below what is necessary to make staffers, interns and fellows feel safe to come forward without fear of retaliation, says Marjorie Mesidor of Phillips & Associates.
Lawyer-directed nonrecourse litigation funding is more likely to protect a lawyer's exercise of independent professional judgment than traditional means of litigation finance, and furthermore enables worthwhile cases that otherwise could not be funded, say Peter Jarvis and Trisha Thompson of Holland & Knight LLP.