LexisNexis® Legal Newsroom
    States Block FMLA Same-Sex Spouse Rule Change

    A group of state attorneys general on Thursday won their bid to block the U.S. Department of Labor from enacting a new rule under the Family and Medical Leave Act that would extend protections to same-sex couples when a Texas federal judge granted a preliminary injunction.

    SpaceX Can’t Jettison Mass Layoff Class Action

    A California judge on Thursday rejected Space Exploration Technologies Corp.’s bid to end a putative class action alleging it laid off hundreds of workers last year without a state-mandated warning and shorted their final paychecks, ruling the plaintiffs had sufficiently pled their labor law claims.

    Ark. Senate Nixes Bill Allowing Employer Social Media Access

    Arkansas legislation that would have allowed some employers to force workers to add them on social media accounts died in a state senate committee on Wednesday, after it had passed the Arkansas House of Representatives by an overwhelming majority in February.

    US Chamber Blasts NLRB's Defense Of Union Election Rule

    The National Labor Relations Board’s defense of its controversial union election rule is overbroad and flat-out wrong, the U.S. Chamber of Commerce and several trade associations told a D.C. federal court Wednesday, urging it to vacate the rule.

    Carnival Workers In Wage, Visa Suit Win Class Cert

    Workers accusing an amusement park company of underpaying them and forcing them to pick up H-2B visa expenses won class certification from a Massachusetts federal judge on Thursday, one day after the company was hit with a National Labor Relations Board suit over its response to the action.

    SEC Drags Out American Apparel's Charney Woes

    A newly revealed U.S. Securities and Exchange Commission inquiry will likely require ousted American Apparel Inc. CEO Dov Charney and other top executives to answer investigators' questions about his acrimonious departure from the company, prolonging a controversial part of the clothing retailer's history that it has been working to close.

    Celeb Chef Wants Chipotle Suit Over Ramen Concept Revived

    British TV chef Kyle Connaughton on Thursday asked a New York appeals court to revive his suit against Chipotle Mexican Grill Inc., which he claimed duped him into a plan to steal the ideas of a prominent chef of a ramen chain, arguing he suffered damages because of lost opportunities.

    HSBC Sex Harassment Accuser Complains Of Lost Bonus

    HSBC Securities (USA) Inc. recently denied a bonus payment to an employee who sued the bank in August for retaliation after he complained that his boss was sexually harassing a colleague, according to a Thursday filing in New York federal court.

    Ex-AIG HR Director Wants 3rd Shot At Bailout Suit Fix

    A former human resources director of American International Group Inc. claiming the company lied about the value of its subsidiaries and improperly received a $25 billion federal bailout is hoping the third time's the charm and has asked a New York federal judge for permission to polish his False Claims Act allegations.

    EEOC Sues Spa For Firing Worker Who Revealed Pregnancy

    A Georgia wellness spa discriminated against an employee when it fired her shortly after she said she was pregnant, the U.S. Equal Employment Opportunity Commission alleged in a lawsuit filed on Wednesday.

    Class Cert. Makes Headway In Shrimp Basket Tip Pool Suit

    A magistrate judge recommended conditional class certification Wednesday in a suit alleging Shrimp Basket Inc. restaurants violated the Fair Labor Standards Act by using illegal tip pools and denying servers minimum wage, while a same-day sanctions bid claimed a plaintiffs attorney tried to poach employees for the suit.

    Millennium Beats Off-Label Suit, But Free Speech No Factor

    A California federal judge on Thursday threw out False Claims Act allegations accusing Millennium Pharmaceuticals Inc. of illicit off-label promotion, but the ruling omitted any discussion of free-speech issues in the closely watched whistleblower case.

    Journalist Suing Law Firm Over Video Must Use Real Name

    A D.C. federal judge on Thursday ordered a journalist suing Bernabei & Wachtel PLLC over the firm’s sharing of her video of alleged sexual harassment in a related suit to provide her real name if she wants to proceed with her claims against the firm.

    Bill Would Require Confirmation Of Secret Service Directors

    Future directors of the Secret Service would have to go through Senate confirmation under a bipartisan bill put forward by members of the House Judiciary Committee Thursday, along with requiring more training and reports to Congress.

    Feds Target Class Claims In Secret Service Race Bias Suit

    The U.S. government urged a Washington, D.C., federal court Wednesday to nix the class claims in a race bias case brought by black Secret Service agents, acknowledging the Secret Service's history is “not without blemish” but arguing that overall promotion rates show a commitment to equality. 

    Citi Wage Suit With Unusual DR Horton Ruling Sent To Arbiter

    An Idaho federal judge who relied on the National Labor Relations Board's D.R. Horton decision, and rejected Citicorp Credit Services Inc.'s bid to compel individual arbitration in an ex-worker's proposed collective action, reversed course Wednesday, noting the Ninth Circuit called his prior ruling into question.

    Meggit Slams Ex-Engineer's Docs Bid In Trade Secrets Suit

    British aerospace and defense engineering company Meggitt Inc. criticized an ex-engineer’s requests for documents from a third party in a Wednesday motion in California federal court, saying the requests aren’t relevant to the suit.

    Omnicare Backs Case Against Ex-Merck VP, Investors Say

    Shareholders accusing Merck & Co. Inc.'s former vice president of lying about the study results on Vioxx's heart attack link told a New Jersey federal court Wednesday that the U.S. Supreme Court's recent Omnicare ruling "vindicates" their case theory and directly rejects the executive's summary judgment argument.

    Pa. High Court Rules Against Union In Hiring Spat

    The Pennsylvania Supreme Court on Wednesday affirmed a lower court decision that the state's labor relations board had ruled correctly when it concluded Luzerne County had not violated state law after an agency underneath it subcontracted work typically handled by a union.

    Red Lobster, Olive Garden Workers Denied Cert. In Wage Row

    An Illinois federal judge on Tuesday refused to certify a proposed statewide class of Darden Restaurants Inc. workers, the company which operates Olive Garden and formerly operated Red Lobster, finding that there are too many individualized questions for the employees to proceed with their vacation-pay allegations as a class.

    Hertz Wants $11.5M Class Action Moved To Federal Court

    The Hertz Corp. on Wednesday asked to transfer to California federal court an $11.5 million class action that accuses the company of not paying employees for working through breaks because the suit is too expansive for state court.

    Merrill Lynch Stiffed Trainee Advisers On OT, Suit Says

    A proposed collective of Merrill Lynch employees sued in California federal court Wednesday to recoup wages allegedly owed for unpaid overtime work performed during a financial adviser training program.

    NLRB Appears Poised To Overturn Brown University Ruling

    The recent reversal of earlier dismissals of two union representation petitions from graduate students by the National Labor Relations Board has boosted unionization efforts by teaching and research assistants at private universities — the move could even pave the way for the NLRB to overturn its 2004 Brown University decision, say Daniel Johns and Emilia McKee Vassallo of Ballard Spahr LLP.

    Determining ERISA Duties Post-Dudenhoeffer

    It is hard to imagine how a new, separate, distinct duty to disclose inside information about public companies under the Employee Retirement Income Security Act, along with the specter of ERISA fiduciaries becoming a new source of “material” information about public companies, would not cause more harm than good, say H. Douglas Hinson and Emily Costin of Alston & Bird LLP.

    NY Harbor Union Suit Should Stay Dead, 3rd Circ. Hears

    The Waterfront Commission of New York Harbor has urged the Third Circuit to uphold a lower court ruling finding the commission did not interfere with unions’ collective bargaining when it changed the hiring process for certain workers, saying the lower court properly upheld the commission’s authority to regulate labor.