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Civil Remedies Labor & Employment

Read Civil Remedies updates, alerts, news, and legal analysis from leading lawyers and law firms:

District Court Case Highlights Advantages of ERISA Severance Plans

by Hogan Lovells on

Specialists have long touted certain significant advantages to employers that come along with maintaining ERISA severance plans, and a recent district court case highlights some of these advantages....more

New Employment Laws Will Require Changes for Most Employers in 2018

by Farella Braun + Martel LLP on

The 2017 California legislative session resulted in several new laws that will affect employers’ day-to-day operations and policies in 2018. Some of these new laws, including bans on criminal history and salary history...more

Ninth Circuit Considers Pre-Appeal Conduct in Plan’s Request for Appellate Attorney’s Fees

The Ninth Circuit ruled that a district court erred by failing to consider the entire course of the litigation when analyzing a request for attorney’s fees under ERISA and remanded the case for a calculation of fees. A plan...more

The Obama Administration’s Overtime Final Rule: Unlawful and Revisited

by Benesch on

On October 30, 2017, the Department of Labor (the “Department”) filed a notice to appeal a decision by Judge Amos Mazzant of the Eastern District of Texas, holding that the Overtime Final Rule (“Final Rule”) was unlawful. The...more

WEB EXCLUSIVE: EEOC Trial Tactics Lead To Massive Sanctions Award

by Fisher Phillips on

After more than ten years of protracted litigation brought by the Equal Employment Opportunity Commission (EEOC), including a stop at the U.S. Supreme Court, an Iowa federal district court recently upheld an award of nearly...more

Pair of NLRB ALJ Decisions Find Unions Violated NLRA

by Proskauer - Labor Relations on

It is mid-November, and the Board is at a full complement, and even has a new General Counsel. While we haven’t seen anything significant (or really, anything at all) come out of the newly constituted Board we know the new...more

Dollar Tree Wins California Pay Stub Class Action

by Bryan Cave on

A California federal jury has returned a verdict in favor of Dollar Tree in Francisca Guillen v. Dollar Tree Stores, Case No. 2:15-cv-03813, finding that providing pay stubs on cash register receipts did not violate state law...more

Former Dealership Employee Nabs $1.3 Million Verdict In Disability Discrimination Suit

by Fisher Phillips on

Why should your dealership conduct thorough investigations into possible employee misconduct and document poor performance before termination? A Florida court just gave 1.3 million reasons....more

Tenth Circuit Significantly Narrows Scope of Injunction Cases Where Irreparable Harm is Presumed

by Littler on

On October 30, 2017, the U.S. Court of Appeals for the Tenth Circuit held that a moving party is not excused from showing irreparable harm prior to the issuance of a preliminary injunction in a trade secret misappropriation...more

The Law of Unintended Consequences: BIPA and the Effects of the Illinois Class Action Epidemic on Employers

Has your company recently beefed up its employee identification and access security and added biometric identifiers, such as fingerprints, facial recognition, or retina scans? Have you implemented new timekeeping technology...more

Auto Manufacturer Pays Over $20 Million To Settle Union Dispute

by Fisher Phillips on

The National Labor Relations Board (NLRB) recently announced that it negotiated a $21.6 million settlement on behalf of the International Brotherhood of Teamsters to settle allegations that VIUSA, Inc. refused to hire a group...more

Louisiana Court Finds Executive Order Extending Protections to LGBT Employees of State Contractors Unconstitutional

In April of 2016, Louisiana Governor John Bel Edwards signed Executive Order JBE 2016 – 11, which sought to protect lesbian, bisexual, gay, and transgender individuals, among other protected classes, from discrimination...more

Appealed! Overtime Rule Saga Continues

by Hinshaw & Culbertson LLP on

On October 30, 2017, the Department of Labor (DOL) indicated that it intends to appeal to the Fifth Circuit a federal district court ruling from 2016 that invalidated Obama-era overtime changes....more

Halloween Flashback: Our Scariest Stories for Employers

by Zuckerman Spaeder LLP on

Ghosts, ghouls, and ghastly liability; the last is certainly enough to spook any employer. For this Halloween, we take a trip down Elm Street to revisit the most startling nightmares we’ve ever covered....more

France: Macron's Reforms to the French Labor Code

by White & Case LLP on

The long-awaited reform of French employment law is now on track. France is reforming its French Labor Code - a touchstone of French economic life for over a century — the centerpiece of a promise to revitalize the French...more

Third Circuit Bats Away Employer's Flexible Time Break Policy

Department of Labor regulations issued under the Fair Labor Standards Act (29 C.F.R. § 785.18) state that any break time less than 20 minutes for nonexempt employees is considered compensable working time. Earlier this month,...more

Employer Can Use Draw-On-Commissions but Cannot Require Repayment Upon Termination

On October 12, the Sixth Circuit Court of Appeals partially approved and partially rejected an unusual pay plan designed to satisfy federal minimum wage requirements. In Stein v. HHGregg, Inc., the employer placed retail...more

Sanctions Award Strengthens Fight to Protect Confidential Company Records

On October 18, 2017, a federal district judge in Alaska ordered a former employee to pay nearly $170,000 of his ex-employer’s legal fees as sanction for removing nine attorney-client privileged documents prior to his...more

Courts Will Not Sever Defective Termination Provisions

by Bennett Jones LLP on

North v Metaswitch Networks Corporation, 2017 ONCA 790 [Metaswitch] is the latest in a series of employee-friendly appellate level decisions where a contractual termination provision is not enforced. The Ontario Court of...more

Alabama Employers Take Note – Birmingham Joins Ranks of Cities with an Anti-Discrimination Ordinance

Last month, the Birmingham City Council passed an ordinance criminalizing discrimination in education, housing, employment, and public accommodations. The ordinance not only prohibits discrimination based on the federally...more

A Review of Recent Whistleblower Developments

by Foley & Lardner LLP on

...On July 25, 2017, the U.S. Securities and Exchange Commission (SEC) announced it was awarding nearly $2.5 million to a government employee who tipped off the SEC to a company’s wrongdoing. Although the SEC does not...more

Key California Employment Law Cases: September 2017

by Payne & Fears on

This month’s key California employment law cases involve wage and hour issues, arbitration, and employment discrimination based on marital status....more

Massachusetts Federal Court Decision Highlights the Importance of FMLA Training and Compliance

Navigating leave issues can be difficult: There are several statutes that provide employees with different, yet sometimes overlapping rights, and every situation is unique. Employers must ensure that members of management and...more

The Macron Ordinances - Topic 1: New Rules on Dismissals

by White & Case LLP on

New rules to reform French employment law, as announced in our previous client alert of September 19th, 2017, have been published in the French official journal on September 23rd, 2017. Some measures are immediately...more

PAGA Reform for Real? Three Different Versions of PAGA Reform Initiative Filed with California Attorney General

by Fisher Phillips on

Over the last several years, the level of employer complaints about PAGA has reached a deafening crescendo. For some time now, employers have expressed deep concern about abusive litigation tactics and “extortionate” PAGA...more

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