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Labor & Employment Civil Procedure General Business

Read need-to-know updates, commentary, and analysis on Labor & Employment issues written by leading professionals.

In a Win for Property Owners California Court Expands and Clarifies Privette Doctrine

We’ve written before about the Privette doctrine, which generally holds that a higher-tiered party is not liable for injuries sustained by employees of a lower-tiered party under the peculiar risk doctrine, here, here, here...more

Fifth Circuit Vacates DOL Fiduciary Rule

In a 2-1 decision, the U.S. Court of Appeals for the Fifth Circuit vacated the Department of Labor’s fiduciary rule, including the expanded definition of “investment advice fiduciary” and the associated exemptions. The...more

New York #MeToo Initiatives—It’s No Longer Just an HR Issue

by Blank Rome LLP on

Stephen E. Tisman and Rither Alabre Propelled by the Harvey Weinstein scandal and the “#MeToo” movement, New York government officials have taken new steps to protect victims of sexual misconduct in the workplace....more

California Transportation Industry Waives Goodbye To Enforcement Of Federal Arbitration Act Provisions In Employment Contracts

by Jackson Lewis P.C. on

In a loss for the California transportation industry, the Court of Appeal for California’s Fourth Judicial District recently found in Muro v. Cornerstone Staffing Solutions, Inc., that the Federal Arbitration Act (“FAA”) is...more

Beltway Buzz - March, 2018

NLRB Returns to Amorphous Joint-Employer Standard. Talk about policy oscillation: the National Labor Relations Board’s (NLRB) joint-employer recusal debacle continued this week, perhaps coming to an abrupt end (for now). ...more

Participation In Litigation To Avoid A Default Judgment Does Not Waive A Party’s Right To Compel Arbitration

by Carlton Fields on

An employer did not waive its right to compel arbitration under an employment agreement by seeking to set aside a default in an employment discrimination suit brought against it by its employee. ...more

Appeals court continues narrow interpretation of Oklahoma’s non-solicitation statute

by McAfee & Taft on

Dealing with departing employees can be tricky. That’s why many companies require certain employees — particularly those with access to confidential or proprietary company information or customers — to sign written agreements...more

Supreme Court Reaffirms Rejection of Inferences in Retiree Health Benefit Dispute

by Miller Canfield on

The U.S. Supreme Court has reversed a U.S. 6th Circuit Court of Appeals decision holding that that former employees of CNH Industrial N.V. were entitled to lifetime, vested healthcare benefits. The opinion, issued yesterday,...more

Put It in the CBA: Supreme Court Once Again Finds Retiree Health Benefits Are Not Vested

On February 20, 2018, the Supreme Court of the United States tackled another controversy from the Sixth Circuit Court of Appeals regarding whether retiree medical benefits enjoyed by individuals who retired while a collective...more

Whistle[blowing] While You Work: Dodd-Frank’s Antiretaliation Provision Does Not Protect Internal Reports Of Wrongdoing

by Hogan Lovells on

The United States Supreme Court just issued a decision in a highly anticipated whistleblower case, and unanimously held that the antiretaliation provision of the 2010 Dodd-Frank Wall Street Reform and Consumer Protection Act...more

Food and Beverage Law Update: February 2018

by Holland & Knight LLP on

Deceptive Trade Practices - Meat Exporter Had No Duty Under FCA to Pay for Beef Inspection - In United States ex rel. Barrick v. Parker-Migliorini Int'l, LLC, 878 F. 3d 1224 (10th Cir. 2017), the court affirmed...more

Is “Class Arbitration” an Oxymoron — Another Shoe Drops in the Second Circuit

In a series of articles over the past several months, we asked whether “class arbitration” — meaning the utilization of the Fed.R.Civ.P. 23 class action protocol in an arbitration proceeding — is ultimately viable in U.S....more

Gentlemen’s Club Cannot Compel Arbitration Where It Actively Litigated Merits Of Dispute

by Carlton Fields on

The Fourth Circuit upheld a district court’s decision refusing to compel arbitration in a labor dispute between a gentlemen’s club (“Crazy Horse”) and a putative class of entertainers because of Crazy Horse’s extensive...more

Pumping the Procedural Brakes: Arbitration Clause Stays Potential Uber Class Action

by Bennett Jones LLP on

Will an arbitration provision in a services agreement between Uber and its drivers prevent the drivers from bringing a class action for being misclassified as contractors? The Ontario Superior Court recently addressed this...more

Wisconsin Supreme Court Applies Non-Compete Law To Invalidate Anti-Poaching Covenant

by Jackson Lewis P.C. on

On January 19, 2018, a divided Wisconsin Supreme Court held that an employee non-solicitation covenant was overly broad and unenforceable under state law. In the decision, entitled The Manitowoc Company, Inc. v. Lanning, Case...more

Court Rejects Short-Swing Profits Claim Relating to Share Withholding to Satisfy Taxes

by Hodgson Russ LLP on

On January 26, 2018, the United States District Court for the Northern District of Oklahoma granted summary judgment to WPX Energy, Inc. (the “Company”) and its CEO and general counsel in relation to a plaintiff’s claim that...more

4th Circuit Finds Club Waived Right To Compel Arbitration Of Exotic Dancers’ Claims

In a recent opinion, the Fourth Circuit cited waiver as its basis to refuse to compel arbitration, but the result seems animated by a sense that the arbitration agreements were unenforceable. Degidio v. Crazy Horse Saloon &...more

N.C. Appellate Court Refuses to Declare Noncompete Invalid Prior to Discovery

In some situations, lawyers can determine that post-employment noncompetition agreements are likely to be declared automatically invalid. For example, a North Carolina employer that attempts to obtain a five year...more

Advanced Video Technologies LLC v. HTC Corporation Et Al.

by Knobbe Martens on

Federal Circuit Summaries - Before Newman, O’Malley, and Reyna. Appeal from the United States District Court for the Southern District of New York. Summary: A co-inventor did not transfer ownership interests in a...more

Looking Forward: Canadian Class Actions in 2018

by Bennett Jones LLP on

The past year saw another flurry of Canadian class action activity. Courts across the country rendered significant decisions that should give companies doing business in Canada cause for both concern and optimism. While the...more

Late Limit on Bonus Plan Has No Effect

by Sherman & Howard L.L.C. on

The 8th Circuit Court of Appeals recently offered a refresher course on contract formation, as applied to employee bonus plans. The employer promised substantial bonuses, payable in five years, provided the eligible at-will...more

2017 Year in Review: Securities Litigation and Regulation

The securities litigation and regulatory landscape in 2017 defies simple categorization. Plaintiffs filed 226 new federal class actions in the first half of 2017, more than double the average rate over the last 20 years, and...more

N.Y. Decision May Hinder Early Class Action Settlements

by Ballard Spahr LLP on

The decision of the New York Court of Appeals, in Desrosiers v. Perry Ellis Menswear, LLC., and in Vasquez v. Nat'l Sec. Corp., has created a potential obstacle to early class action settlements in cases filed in New York...more

California Court of Appeal Holds that Demand Futility Must be Reassessed at Time of Filing of Amended Complaint

In Apple Inc. v. Superior Court, No. H044133, 2017 WL 6275830 (Cal. App. Dec. 11, 2017), the California Court of Appeal, Sixth District, considered whether a plaintiff asserting a shareholder derivative lawsuit must plead...more

A New Year's Resolution for Your Handbooks: Keep Your Arbitration Agreements Out

As the new year quickly approaches, it is a good time to review your company’s handbook and policies. One important issue to look for is whether your arbitration agreement is part of the handbook....more

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