LexisNexis® Legal Newsroom
    NLRB's New Joint-Employer Test Is Major Victory For Unions

    The National Labor Relations Board's "refined" test determining joint-employer status is a major victory for unions at the bargaining table. Under the new standard, an employer could be deemed a joint employer by merely possessing the latent power to control any terms and conditions of employment, regardless of whether it ever exercises such power, say Daniel Johns and Rogers Stevens of Ballard Spahr LLP.

    Judge Upholds Native Oilfield Drivers' $3.7M OT Award

    A Texas federal judge refused Thursday to overturn a $3.7 million award for former Native Oilfield Services LLC drivers in a wage class action, holding that the pressure-pumping company wasn’t exempt from paying overtime under a Fair Labor Standards Act trucking regulation and that the jury’s unpaid-hours calculations were fair.

    BP Tells 5th Circ. ERISA Suit Got Unfair Wave-Through

    Drilling giant BP PLC has urged the Fifth Circuit to put to bed a former employee's Employee Retirement Income Security Act class action over stock losses suffered after the Deepwater Horizon catastrophe, saying a district court has nudged wider the limits of a Supreme Court decision covering suits like this.

    ManorCare Blasts DOJ, Says FCA Case Deserves Dismissal

    HCR ManorCare Inc. on Friday blasted the U.S. Department of Justice's arguments against dismissing its case claiming the nursing home giant inflated the amount of therapy it provided to bill Medicare at a higher rate, saying the government hasn't adequately pled its case.

    NLRB Clarifies Successorship Doctrine For New Employers

    The right time to determine a successorship doctrine is when a new employer takes over a business and hires its predecessor’s employees under a retention statute, not after a mandatory retention period has ended, the National Labor Relations Board determined on Thursday.

    CarMax Asks High Court To Force Worker To Arbitrate OT Row

    CarMax Auto Superstores California LLC has asked the U.S. Supreme Court to consider whether the California Supreme Court’s Iskanian decision, which exempts Private Attorneys General Act actions from mandatory arbitration, is preempted by federal law, saying a former employee should be compelled to arbitrate an unpaid overtime dispute.

    No Stay For Late Hockey Player's Parents, NHL Atty Says

    An attorney for the National Hockey League told an Illinois federal judge Friday that the parents of late hockey player Derek Boogaard have failed to show that a suit over their son’s head injuries and drug addiction should be stayed so they can add evidence relating to federal preemption.

    4 Things To Know About The NLRB's Joint-Employer Decision

    The National Labor Relations Board's recent decision broadening its joint-employer standard ignited a firestorm of media coverage and quickly drew praise from worker advocates and sharp criticism from business groups. Here are four things observers ought to be aware of as the dust settles after the bombshell decision.

    NLRB Upholds Unlawful Arbitration Pact Ruling

    The National Labor Relations Board has signed off on an administrative law judge's decision that applied the controversial D.R. Horton decision in finding that an arbitration agreement not expressly barring workers from bringing class or collective actions still violated federal labor law because it had the practical effect of doing so.

    NLRB Says Dues Checkoffs Outlast Expired CBAs

    The National Labor Relations Board ruled Thursday that an employer’s obligation to deduct union dues from employee paychecks continues after expiration of a collective bargaining agreement, upending a 53-year-old standard that allowed the so-called union dues checkoff to cease after a CBA expired.

    Deloitte Workers Try Class Cert. Again In Overtime Suit

    Deloitte & Touche LLP audit employees urged a California federal judge on Friday to once again grant them class certification after the Ninth Circuit refused to reverse their decertification last fall in a case claiming Deloitte wrongly classified them as exempt from overtime.

    NBC Can’t Nix Peabody-Winning Reporter’s Age Bias Suit

    A California judge on Friday refused to toss age discrimination claims against NBCUniversal Media LLC brought by a fired investigative journalist, saying the Peabody Award-winning reporter needn’t show he was replaced by someone significantly younger to prove older workers in the newsroom were treated less favorably.

    Jury Backs Sex Bias Claims Against Fla. Police Dept.

    A federal jury on Thursday found the Florida city of Fort Pierce liable to pay more than $500,000 to a female police officer, finding her supervisors discriminated against her because of her gender.

    White Sox Bat Document Requests In Minor Leaguers' Suit

    The Chicago White Sox in a response filed on Friday in Illinois federal court blasted document requests from a group of minor league baseball players, saying that the requests are too broad given that the team was tossed from an underlying putative wage-and-hour class action against Major League Baseball and several teams.

    NJ Toy Co. Faces Whistleblower Suit From Ex-Sourcing Worker

    A former sourcing employee for a New Jersey-based toy manufacturer and distributor has slapped the company with a whistleblower suit in state court, claiming he was wrongly fired for speaking out about alleged choking-hazard and audit violations.

    6th Circ. Calls Arbitration Bid In Pizza Hut FLSA Row Stale

    The Sixth Circuit on Friday agreed with a district court that Pizza Hut franchisee NPC International Inc. “slept on its rights” by waiting more than a year to invoke an arbitration clause against employees bringing Fair Labor Standards Act claims.

    PG&E Contractor's Fight Over Minority Hiring Policy Revived

    Pacific Gas & Electric Co. and a staffing agency it uses to fill contracting positions will have to face a lawsuit over whether the utility’s hiring system discriminated against businesses that aren’t minority-owned, a California appeals court ruled Friday.

    3rd Circ. Says Qualcomm Shareholder Vote Was Authorized

    Qualcomm Inc. remained free of claims that company executives weren’t authorized to slate a tax-friendly amended stock bonus plan for a shareholder vote, with the Third Circuit ruling Friday that the board had delegated “broad powers” to the executives to oversee such plans.

    Trucking Co. To Pay $3.45M To Settle Minimum Wage Suit

    An Arkansas federal judge on Friday granted preliminary approval to a $3.45 million settlement by PAM Transport Inc. to end a class action involving truck drivers who alleged they were not paid minimum wages.

    NJ Court Revives Nurse's Disability Bias Claim In Split Ruling

    A nurse came out on the winning end of a rare split decision from the New Jersey Appellate Division on Friday that revived her disability discrimination suit against Saint Clare's Health System and found no clear evidence that she couldn't perform her job.

    5 Do’s And Don’ts For Employers After NJ’s Ethicon Ruling

    A recent New Jersey Supreme Court decision that the state's whistleblower law covers watchdog employees in performing their regular duties has employers fearing more suits, but there are ways to ensure companies are protected when a firing blows up into litigation. Here, experts provide tips for employers in the state.

    5 Insights From 3M General Counsel Ivan Fong

    Going in-house for the right reasons and for the right company can be one of the most rewarding professional decisions you can make. It also comes with a certain amount of risk, for your career may rise or fall due to business or industry tailwinds or headwinds beyond your control, says Ivan Fong, general counsel for 3M Company and former GC of the U.S. Department of Homeland Security.

    Deflategate, Reinsurance Disputes And Arbitrator Bias

    Although NFL fans do not routinely contemplate issues of arbitrator bias, partiality arguments made by New England Patriot's quarterback Tom Brady during ongoing litigation over his "deflategate" suspension are similar to common arguments made during reinsurance arbitration disputes, J.P. Jaillet at Choate Hall & Stewart LLP.

    Hospital Chain Pays Heavily For Being Too Clever

    One substantive lesson from Doughramji v. Community Health Systems Inc. is that when a defendant in a False Claims Act qui tam case pays money for the release of a relator's claim, the relator will likely be entitled to reasonable attorneys' fees as a prevailing party unless the settlement agreement says otherwise — and says it unambiguously, says Norman Tabler Jr. of Faegre Baker Daniels LLP.

    NLRB Puts Spotlight On Employers' Business Relationships

    The National Labor Relations Board's blockbuster decision on Thursday changing its joint employer standard expanded the universe of entities that could be saddled with unfair labor practice liabilities and bargaining obligations, a move that lawyers say should prompt employers to re-evaluate business relationships with the broader joint employer definition in mind.