A year after announcing his departure as U.S. labor secretary, Marty Walsh says his government experience has come in handy as he oversees the professional hockey players' union, including as they prepare to bargain for a new agreement, and that he's willing to keep pushing for the confirmation of his successor.
A recent U.S. House committee hearing put a spotlight on how a new U.S. Department of Labor independent contractor rule applies to real estate agents, reviving an ongoing debate weeks before the regulation is set to take effect. Here, Law360 explores the issue.
A U.S. Department of Labor official backed the work of the agency's Wage and Hour Division amid tough questioning Wednesday regarding rulemaking and child labor from Republicans on a House of Representatives subcommittee.
The Fifth Circuit sent a challenge to the U.S. Department of Labor's actions related to an independent contractor rule back to a Texas federal court, tossing the lower court's decision against the department and giving four groups a chance to renew their claims.
Retired Seventh Circuit Judge Richard Posner is asking an Indiana federal judge to impose "the most severe sanctions" against a noted pro se litigant who claims Posner reneged on a promise to pay him to run a short-lived pro bono services organization, arguing the plaintiff has repeatedly lied during litigation and improperly accused opposing counsel of perjury.
The U.S. Supreme Court questioned Tuesday whether there is still a need for a federal arbitration exemption for interstate transportation workers or if the century-old carveout is an "anachronism," in a case dealing with whether the exemption applies to workers only in the transportation industry.
A group of California Amazon warehouse workers asked a federal judge to approve a $5.5 million settlement resolving a proposed collective action accusing the e-commerce giant of failing to pay workers for time they spent undergoing pre-shift COVID-19 screenings, saying it will provide them with all their alleged unpaid wages.
The U.S. Supreme Court won't take up an oil and gas company's bid to clear up whether a nonsignatory to an arbitration agreement may play the arbitration card, the justices said Tuesday.
The U.S. Supreme Court on Tuesday rejected former CSX Transportation employees' push for review of a Fourth Circuit ruling that ended their suit claiming they were unlawfully fired for requesting medical leave.
A skincare and cosmetics chain does not pay its hourly workers wages every week as required by New York labor law, a former sales associate said in a proposed class action complaint filed in federal court.
A New York landscaping company admitted that it withheld proper overtime and accurate wage statements from workers and agreed Friday to pay the U.S. Department of Labor about $1 million to end an enforcement action.
Uber urged a Pennsylvania federal court on Friday to disregard the state attorney general's amicus brief filed in a wage case that will decide whether UberBlack limo drivers are employees or independent contractors, saying the attorney general's involvement is superfluous.
The U.S. Supreme Court will be closed Monday for Presidents Day and will begin a short oral argument week on Tuesday, during which the justices will consider the deadlines for challenging a federal agency's action and bringing copyright infringement claims.
A group of lab testing companies and California employees who say they were denied pay for COVID-19 screenings have ended their wage dispute, as a California federal judge granted final approval to a $1.7 million settlement.
A recent New York appeal court's decision makes it clear workers can't lodge late payment claims against their employers, Sephora told a New York federal court, urging it to toss two workers' suit that the beauty chain didn't pay them on time.
A worker accusing a delivery service of misclassifying him as an independent contractor urged a California federal judge to toss the company's third-party complaint against his company, saying the delivery company wants to shift the blame and costs or scare the worker into axing his suit.
Among the series of complaints New York City fired off in the past six months accusing companies of flouting its salary transparency law are three cases that experts said shine a much-needed light on what the city's civil rights enforcement arm considers a reasonable wage range for a job ad.
In the coming week, attorneys should watch for Ninth Circuit oral arguments in a pair of cases against janitorial franchising company Coverall North America Inc. Here's a look at those cases and other labor and employment matters coming up in California.
A maintenance worker who lost an administrative case alleging his ex-employer owed him money for unused paid time off when he was fired cannot try again to get a judgment in state court against the hospital where he worked or Michigan labor regulators, an appellate panel has found.
In the coming week, the Second Circuit will consider a union's argument to overturn a lower court decision holding that a union could not arbitrate a grievance over Xerox's decision to end health benefits for retired workers. Here, Law360 explores this and another major labor and employment case on the docket in New York.
New York Attorney General Letitia James' office put a New York City law firm on notice Friday, warning in a cease-and-desist letter that the firm must immediately stop proffering unnecessary legal services to "help" Uber and Lyft drivers secure funds, for a fee, stemming from a November New York Labor Law settlement.
A model is entitled to recover almost $43,000 in attorney fees for defending a vape maker's Ninth Circuit appeals of the worker's lower court win in her lawsuit alleging late payment for her work, a three-judge panel for the appeals court has ruled.
A case set for oral arguments Tuesday before the U.S. Supreme Court could help transportation workers show they're exempt from federal arbitration law. Here, Law360 breaks down the dispute ahead of the hearing.
A former worker is accusing the owner of about 400 Supercuts, Cost Cutters and Holiday Hair salons in seven states of shortchanging its hourly employees on their compensation by not accounting for commissions and other non-discretionary bonuses in their overtime rate calculations.
A delivery company did not meet the standard for an immediate appeal of a ruling in favor of a group of drivers alleging they were misclassified as independent contractors, a Massachusetts federal judge ruled in denying the company's motion to appeal to the First Circuit.
The California Supreme Court won't again mull an Uber driver's misclassification Private Attorneys General Act suit, denying the company's bid to weigh whether nonindividual claims under the state law should survive if individual ones go into arbitration.
Auto retailer Autolenders is asking a New Jersey federal judge to toss claims from a former worker that he was fired for complaining about not being paid for overtime, arguing that in an amended complaint, the ex-employee improperly attempted to distance himself from his initial claims that he worked as a salesman.
Philadelphia-based midsized firm Vaughan Baio & Partners expanded its footprint and resources this month with the addition of three partners and the opening of two offices in New York and New Jersey.
Courts have struggled for decades to reach consensus on whether employees must be paid for time spent donning and doffing personal protective equipment, but this convoluted legal history points to practical trial strategies to help employers defeat these Fair Labor Standards Act claims, say Michael Mueller and Evangeline Paschal at Hunton.
A National Labor Relations Board judge’s recent decision that a Virginia drywall contractor unlawfully transferred and fired workers who made union pay complaints illustrates valuable lessons about how employers should respond to protected labor activity and federal labor investigations, says Kenneth Jenero at Holland & Knight.
In Estrada v. Royalty Carpet Mills, the California Supreme Court recently dealt a blow to employers by ruling that courts cannot dismiss Private Attorneys General Act claims on manageability grounds, but defendants and courts can still use arbitration agreements, due process challenges and other methods when dealing with unmanageable claims, says Ryan Krueger at Sheppard Mullin.
Attorneys at Jenner & Block examine the most significant decisions issued by the Seventh Circuit in 2023, and explain how they may affect issues related to antitrust, constitutional law, federal jurisdiction and more.
Following recent oral argument at the U.S. Supreme Court, at least four justices appear to be in favor of overturning the long-standing Chevron deference, and three justices seem ready to uphold it, which means the ultimate decision may rest on Chief Justice John Roberts' vote, say Wayne D'Angelo and Zachary Lee at Kelley Drye.
While the California Supreme Court’s ruling last week in Estrada v. Royalty Carpet Mills held that courts cannot dismiss Private Attorneys General Act claims on manageability grounds, the opinion also details how claims can be narrowed, providing a road map for defendants facing complex actions, say attorneys at Gibson Dunn.
Two recent developments in New York state have unfurled to suggest that the high tide of frequency-of-pay lawsuits may soon recede, giving employers the upper hand when defending against threatened or pending claims, say attorneys at Reed Smith.
Given the widespread use of mediation in employment cases, attorneys should take steps to craft mediation statements that efficiently assist the mediator by focusing on key issues, strengths and weaknesses of a claim, which can flag key disputes and barriers to a settlement, says Darren Rumack at Klein & Cardali.
Last week, the U.S. Department of Labor finalized a worker classification rule that helpfully includes multiple factors that employers can leverage to systematically evaluate the economic realities of working relationships, says Elizabeth Arnold and Samantha Stelman at Berkeley Research Group.
As California’s Private Attorneys General Act turns 20, the arbitrability of individual and representative claims remains relatively unsettled — but employers can potentially avoid litigation involving both types of claims by following guidance from the California Supreme Court’s Adolph v. Uber ruling, say attorneys at Mintz.
Troutman Pepper’s Tracey Diamond, Evan Gibbs, Constance Brewster and Jim Earle compare scenarios from “The Office” to the complex world of noncompetes and associated tax issues, as employers are becoming increasingly hesitant to look to noncompete provisions amid a potential federal ban.
As we enter into the new year, several recent updates to California employment law — including minimum wage and sick leave requirements — necessitate immediate compliance actions for employers, says Daniel Pyne at Hopkins & Carley.
In light of the Labor Department’s recent announcement of new penalty assessment procedures for child labor law violations, Erica MacDonald and Sylvia Bokyung St. Clair at Faegre Drinker discuss what employers should know about the department’s continued focus on this issue and how to bolster compliance efforts.