Nordstrom Workers Urge 9th Circ. To Revive Rest Day Suit

    A putative class of Nordstrom Inc. employees on Friday urged the Ninth Circuit to revive its wage-and-hour claims against the retailer, arguing Thursday that workers cannot waive their right to protection from a California law barring them from working more than six consecutive days.

    Ex-Public Defender's Retaliation Claims Barred By Anti-SLAPP

    A California state appeals panel Friday dismissed the surviving claims of a former public defender who sued San Bernadino County officials for retaliation, saying a lower court erred when it ruled some of his claims weren't barred by the anti-SLAPP law. 

    'Access' Was At The Heart Of NLRB's Email Ruling

    Rather than analyzing Purple Communications Inc. by asking whether an employee has the right to use company equipment, the majority on the National Labor Relations Board analyzed the case as an issue involving “access” to an employer’s premises and the right of employees to engage in Section 7 activities — on nonworking time — while on the employer’s premises, say J. Bruce Cross and Anna Elento-Sneed of the Employment Law Alliance.

    MLB Hall Of Famer Told Exec 'Places Women Can't Go': Suit

    A Hispanic female Major League Baseball executive sued the league and others Thursday in New York federal court, claiming a Hall of Famer vice president stalled her career, said he prefers hiring men "because there are places women can't go," and subjected her to a drug test for speaking out.

    SEC Asks 3rd Circ. To Uphold Whistleblower Protections

    The U.S. Securities and Exchange Commission on Thursday asked the Third Circuit to uphold the agency’s expansive view of who is protected from retaliation under its whistleblower program, saying that even those who don’t report wrongdoing to the SEC should still be covered by its rules.

    DC Circ. Rejects Contractors' Disability Hiring Challenge

    The D.C. Circuit on Friday rejected a trade group’s challenges to the U.S. Department of Labor’s updated interpretation of federal law involving the hiring of disabled workers for government contracts, finding its new requirements neither arbitrary and capricious nor an overreach of its authority.

    'Price Is Right' Must Face Ex-Model's Bias Claims Again

    A California appeals court on Thursday refused to let the producers of “The Price is Right” avoid a retrial of a former model's pregnancy bias claims after her $8.5 million jury award was thrown out, ruling there was enough evidence to support the allegations. 

    SEC Blasts 'Scandalous' Suit Over Porn-Watching Employee

    The U.S. Securities and Exchange Commission has asked a Georgia federal judge to dismiss claims it forced an accountant to go on administrative leave after she complained about having to work with a supervisor who admitted to viewing pornography at work, calling the allegations “scandalous.”

    Freeport CEO's $35M Stock Gift Is Bogus, Investor Claims

    A Freeport-McMoRan Inc. investor on Thursday launched a derivative suit against the energy and mining company and its board of directors in Delaware Chancery Court, claiming they wrongly awarded CEO Richard Adkerson $35 million in stock following a $9 billion acquisition of two oil and gas companies in 2012.

    Clarity Comes To ACA's 'Minimum Essential Coverage'

    Recently published rules and guidance from the Internal Revenue Service and Centers for Medicare & Medicaid Services clarify the types of Medicaid coverage that constitute "minimum essential coverage" under the Affordable Care Act and the options for individuals receiving Medicaid not recognized as such, say Caroline Brown and Philip Peisch of Covington & Burling LLP.

    How To Avoid A Legal Hangover After Your Holiday Party

    Gathering workers together for holiday merriment is a beloved tradition for many employers, but holiday parties can open the door to discrimination and harassment claims, as well as other potential legal problems. Here are five tips that can help employers hold a worthwhile party that they won't regret in the New Year.

    1st Circ. Denies Do-Over For Atty Accused Of Lying

    The First Circuit on Friday declined to rehear its decision banning a California attorney from practicing law in Massachusetts for allegedly lying to a judge about passing notes to his client during deposition in a sexual harassment case, saying the attorney’s contention that the district court violated due process is “flatly wrong.”

    5th Circ. Says No Proof Illegal Workers Reduced Sales Wages

    The Fifth Circuit on Thursday affirmed a decision that Texas-based sales and marketing workers failed to establish that they suffered any injury in their racketeering class action against their former employers that accuses the two marketing companies of driving down wages by hiring undocumented workers.

    NLRB Finalizes Rule To Streamline Union Election Process

    The National Labor Relations Board finalized a highly anticipated rule Friday aimed at speeding up the union election process, a move that won plaudits from organized labor and is expected to aid union organizing efforts as well as face a legal challenge from the business community. 

    High Court Clarifies What Is Compensable Work Time

    In addition to resolving the specific security-screening question, the U.S. Supreme Court’s recent ruling in Integrity Staffing Solutions Inc. v. Busk narrows the range of activities that might be considered compensable and provides needed clarity for employers in determining the limits of their obligations under federal law, say Neal Mollen and Aaron Ver of Paul Hastings LLP.

    6 Questions To Ask Before An Internal Investigation

    Ample literature exists on how to conduct an effective internal investigation and best practices in doing so. Far less common, but equally important, are the questions a company’s decision-makers — whether a CEO, compliance officer or in-house counsel — should ask before the investigation begins, says Ty Howard, a partner with Bradley Arant Boult Cummings LLP and former federal and state prosecutor.

    Police Union Wants Fees After 'Nonsensical' 11th Circ. Appeal

    The Miami Beach Fraternal Order of Police asked the Eleventh Circuit Wednesday to grant it attorneys' fees in a "nonsensical" suit brought against it by a group of city police officers alleging age discrimination, after its dismissal was affirmed by the appeals court last month.

    House Narrowly Passes $1.1T Spending Bill

    The U.S. House of Representatives on Thursday narrowly passed a $1.1 trillion “cromnibus” spending bill, which included a multiemployer pension reform measure, despite lawmakers’ objections over a contentious alteration to the Dodd-Frank “swaps push-out” rule and the method of funding the U.S. Department of Homeland Security.

    NLRB Email Ruling Presents A Quandary For Employers

    The National Labor Relations Board's long-awaited holding Thursday that workers have a right to use their employers' email systems for union organizing purposes presents management with a quandary on how to proceed, with some attorneys advising a rethinking of employee email use policies and others taking a wait-and-see approach in anticipation of a legal challenge.

    Employment MVP: King & Spalding's Michael Johnston

    Longtime King & Spalding litigator Michael W. Johnston represented Bass Pro Outdoor World LLC in a high-profile discrimination case brought by the Equal Employment Opportunity Commission and wrapped up work in an influential retaliation suit against University of Texas Southwestern, earning himself a spot among Law360's Employment MVPs.

    Ex-Siemens Worker Claims Retaliation Over Contract Concerns

    Siemens USA's industrial services arm has been hit with a whistleblower retaliation suit in New Jersey Superior Court, with a former associate accusing the company of firing him for questioning the allegedly improper terms of a lucrative contract with New York's Office of General Services.

    ACLU, Religious Groups Back EEOC in Abercrombie Hijab Suit

    The American Civil Liberties Union along with several religious rights groups on Wednesday put their support behind the U.S. Supreme Court appeal by U.S. Equal Employment Opportunity Commission over Abercrombie & Fitch Stores Inc.'s refusal to hire a Muslim woman who wore a headscarf to an interview.

    Lawyers Weigh In On NLRB Employer Email Ruling

    The National Labor Relations Board on Thursday held that workers have a right to use their employers' email systems for non-business purposes including communicating about union organizing. Here, attorneys tell Law360 why the decision in Purple Communications Inc. is significant.

    Atty Who Drank At Office Denied Unemployment Benefits

    A New Jersey state appeals court on Wednesday refused to allow an attorney fired by consumer bankruptcy firm Jenkins & Clayman for allegedly drinking on the job to collect unemployment benefits, ruling that she was blocked from doing so because of severe workplace misconduct.

    Trump Resorts CEO Says Union Killed Deal To Save Casino

    The CEO of bankrupt Trump Entertainment Resorts Inc. claimed Thursday that the union representing workers at the Taj Mahal backed out of what he thought was a deal to keep the casino open, and said the gaming property could close unless Unite Here Local 54 changes its mind by Monday.