LexisNexis® Legal Newsroom
    4 Tips Employers Need To Avoid Misclassification Suits

    With “sharing economy” business models like Uber Technologies Inc.’s drawing greater scrutiny and the U.S. Department of Labor indicating this month that most workers qualify as employees under federal law, companies that rely on independent contractors need to take a close look at their contractor agreements and workers’ on-the-ground practices. Here, attorneys offer tips for steering clear of misclassification headaches.

    NJ High Court Won't Curb Employee Negligence Defense

    The New Jersey Supreme Court refused Tuesday to adopt a bright-line rule barring juries from considering an employee's alleged negligence in workplace injury suits filed against third parties such as a general contractor overseeing a construction project.

    O'Bannon Tells 9th Circ. NCAA Can't Stop Antitrust Order

    College athletes told the Ninth Circuit on Monday not to delay a decision that allows them to be paid for the use of their names, images and likenesses, blasting the NCAA’s bid to stay the injunction as groundless and hyperbolic.

    BREAKING: NFL Commissioner Upholds Brady's Deflategate Suspension

    National Football League Commissioner Roger Goodell has denied New England Patriots quarterback Tom Brady's appeal of his four-game suspension over the so-called "deflategate" controversy involving underinflated footballs used in a playoff game last year, the league said Tuesday. 

    Whole Foods Slams National Origin Bias Suit

    Whole Foods Inc. on Monday denied allegations brought in Pennsylvania federal court that it terminated a former deli counter attendant because of her Serbian national origin, as well gender and age, and also argued that the plaintiff’s claims are barred by a statute of limitations.

    Abercrombie Bag-Check Suit Paused Pending Tyson Decision

    A California federal judge on Monday agreed to pause a suit against Abercrombie and Fitch Stores Inc. accusing the retailer of stiffing employees pay for time spent waiting for a post-shift bag search, pending the outcome of the U.S. Supreme Court’s decision in a similar suit against Tyson Foods Inc.

    Allied Nevada Investors Blast Ch. 11 Executive Bonus Plan

    The committee of equity holders in Allied Nevada Gold Corp.'s bankruptcy took issue late Monday with proposed bonuses for top executives, arguing it not only flouts bankruptcy rules, but is inappropriate given the recent suspension of operations at the company's main mining facility.

    Dick's Sporting Goods Looks To Quash OT Suit

    Dick’s Sporting Goods Inc. on Monday asked an Illinois federal judge to dismiss a proposed class action, claiming that it cheated assistant managers out of overtime pay, denying that it did anything that violated state wage laws.

    IRS To Significantly Trim Determination Letter Program

    The IRS is eliminating the staggered five-year determination letter remedial amendment cycles for individually designed tax-qualified retirement plans. As a result, some employers may decide to switch to plans that are preapproved by the IRS, which typically limit design choices, say Maria Rasmussen and Allison Tanner of McGuireWoods LLP.

    The Proposed Best Interest Contract Exemption: Part 3

    Some broker-dealers may choose to develop a separate customer platform for retirement investor accounts in order to comply with the U.S. Department of Labor's proposed best interest contract exemption, rather than subject all of their retail customer accounts to the same rules. The more formidable challenge, though, will likely be the fee and compensation disclosure requirements, says Susan Krawczyk of Sutherland Asbill & Brennan LLP.

    Sexual Orientation Discrimination, Title VII And The EEOC

    Though the U.S. Equal Employment Opportunity Commission recently ruled that a claim of discrimination on the basis of sexual orientation falls under Title VII, the decision is not binding on private employers. However, the EEOC is likely to seek to apply the decision to private employers by bringing enforcement actions around the country, says Howard Fetner of Day Pitney LLP.

    9th Circ. Confirms FCA Relator's Conviction Bars Recovery

    U.S. v. CH2M Hill was a matter of first impression in the Ninth Circuit, and the court’s recent holding is consistent with prior decisions from the Sixth and Eighth Circuits that have noted that relators who have been convicted for their participation in the fraud are not entitled to any recovery, say Suzanne Jaffe Bloom and Mollie Richardson of Winston & Strawn LLP.

    Pension Funds Seek Billions From NJ Over Contract Breach

    Three pension funds for public workers accused the state of New Jersey of breach of contract and are seeking billions of dollars to recoup the shortfall in the state's contributions for 2014-16, according to a motion filed Friday in New Jersey state court.

    Staffing Firm CRS Gets Temporary Nod To Tap Cash in Ch. 11

    Corporate Resource Services Inc. got the blessing of a Delaware bankruptcy judge on Monday for a deal with prepetition lender Wells Fargo NA that gives the troubled staffing agency short-term access to cash on hand as it pursues an orderly wind-down in Chapter 11.

    NFL Gets Tougher Off The Field As Players Cry Foul

    As the National Football League issues stiffer and stiffer penalties for professional athletes' off-the-field run-ins with the law, players and their union are pushing back against what they see as unfair league authority in disciplinary decisions.

    GOP Puts NLRB Election Rule In Congress' Crosshairs

    Republican lawmakers proposed legislation Monday that would amend federal labor law to roll back the National Labor Relations Board's controversial rule to streamline the union election process and require secret ballot elections be held before workers can unionize or go on strike.

    House Votes To Exempt Vets From ACA Employer Mandate

    The U.S. House of Representatives on Monday passed several bills related to military veterans, including measures to exempt vets from certain fees on U.S. Small Business Administration loans and to exempt them from calculations for the Affordable Care Act’s employer mandate.

    House Passes Bills Tightening TSA Screening Processes

    The U.S. House of Representatives on Monday passed several bills to make tweaks to Transportation Security Administration screening programs for airport employees and travelers, and to improve first responders’ ability to respond to crises, among other votes to overhaul U.S Department of Homeland Security operations.

    8th Circ. Rules Steroids Can't Revive UPS Bias Suit

    The Eighth Circuit has ruled that a United Parcel Service Inc. manager who sued his employer has failed to support his racial and disability bias claims, ruling that the shipper had a sound reason for demoting the worker for making a racist remark about a black subordinate.

    NY To Appeal Reversal Of Ex-Goldman Coder's Guilty Verdict

    The Manhattan District Attorney's Office will ask a New York state appeals court to reverse a state judge's ruling overturning the conviction of former Goldman Sachs Group Inc. programmer Sergey Aleynikov, who was accused of stealing the financial giant’s computer code, according to a notice filed Friday.

    Supreme Court Shouldn't Take Ex-Atty's Suit, NLRB Says

    The National Labor Relations Board has urged the U.S. Supreme Court to nix an ex-NLRB attorney's bid to revive a suit that claimed the agency violated a collective bargaining pact by disciplining him and ran afoul of the First Amendment by forbidding him from publicly speaking out. 

    EEOC Slaps Hillshire Brands With Racial Harassment Suit

    The U.S. Equal Employment Opportunity Commission sued Hillshire Brands Co. in Texas Friday, claiming the company subjected a class of black employees to a hostile work environment which included racist comments and graffiti and was allowed and contributed to by management and supervisors.

    Judge Made 'Clear Error' On FCA Trial Sanctions, DOJ Says

    The U.S. Department of Justice on Monday urged an Alabama federal judge to undo sanctions restricting witness testimony in a hotly anticipated False Claims Act trial involving hospice chain AseraCare Inc., saying that the punishment for alleged discovery violations represents “clear error.”

    Understanding The SEC's Compensation Clawback Proposal

    To the extent classified as an executive officer, a listed company's general counsel will be subject to potential clawback under the recently proposed compensation recovery rules. The rules would apply to all incentive awards granted to these executive officers, including awards granted at a time when the individual was not serving as an executive officer, say Alessandra Murata and Neil Leff of Skadden Arps Slate Meagher & Flom LLP.

    EEOC, Muslim Intervenors Ordered To Clean Up Bias Suit

    A Nebraska federal judge on Friday ordered the U.S. Equal Employment Opportunity Commission and intervening plaintiffs suing a meatpacking company for bias against Muslim workers to fix their "potentially confusing" and unclear complaints for the second phase of what’s left of the suit.