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Labor & Employment Civil Procedure

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

Grubhub Wins First Independent Contractor Misclassification Trial in the Gig Economy

by Holland & Knight LLP on

Independent contractor misclassification claims have been percolating through the courts for years. Some were swept away by a wave of federal preemption, which has subsided. Others found their way to the summary judgment...more

Courts Deny Certification for Adequacy of Representation in Second Class Action

by BakerHostetler on

One of the tactics in the current plaintiffs’ wage and hour playbook is to bring a second claim after settlement of an initial class or collective action lawsuit. In these cases, the second set of claims is purportedly...more

Employer Bound by Promise to Pay Performance Bonus to At-Will Employees

by McGuireWoods LLP on

Employers who implement bonus programs to attract and retain key employees may be bound to the terms of those programs, the 8th U.S. Circuit Court of Appeals recently held. In Boswell v. Panera, LLC, the court affirmed that...more

Hercules Ascendant? A New Fifth Circuit Personal Jurisdiction Decision, and a Gasp of Breath from a Seemingly Dead Letter

by Baker Donelson on

The Fifth Circuit’s recent decision in Sangha v. Navig8 Shipmanagement Private Limited,  No. 17-20093, — F.3d —-, 2018 WL 706518  (Feb 5, 2009) has continued the recent jurisprudential renaissance of personal jurisdiction...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

Nobody Doesn’t Like Terminating Sanctions for Fabrication of Text Messages: eDiscovery Case Law

by CloudNine on

In Lee v. Trees, Inc., No. 3:15-cv-0165-AC (D. Or. Nov. 6, 2017), Oregon Magistrate Judge John V. Acosta granted the defendants’ motion for terminating sanctions where the plaintiff was found to have manufactured text...more

Back Pay Burden-New Trial Ordered Where Jury Slashed Plaintiff’s Request For Back Pay

by Seyfarth Shaw LLP on

Seyfarth Synopsis: The Sixth Circuit ordered a new trial in a Title VII case where plaintiff presented evidence he was entitled to back pay, the employer presented no evidence to the contrary, and the jury only awarded a...more

Louisiana Court Upholds Ruling That House Painters Are Independent Contractors

The Louisiana Fifth Circuit Court of Appeal has held that painters may be treated as independent contractors if they bring some of their own tools, control their own schedules, and make decisions on how to complete the work...more

Grubhub Notches Victory for Gig Economy in Big Classification Win in California Federal Court

by Littler on

In a recent classification case involving the “gig” or shared economy, a U.S. magistrate judge handed down a significant win for Grubhub, concluding that a driver who sued the company under California’s minimum wage, overtime...more

California Supreme Court Clears The Way For Employee Cal/OSHA Lawsuits

by Seyfarth Shaw LLP on

Seyfarth Synopsis: Cal/OSHA regulations are enforced by a state agency in administrative litigation. A new Supreme Court decision, Solus Industrial Innovations, Inc. v. Superior Court, allows employees allegedly suffering...more

Court Certifies Class In Duke-UNC No-Hire Workplace Antitrust Lawsuit

by Seyfarth Shaw LLP on

Seyfarth Synopsis: On February 1, 2018, the U.S. District Court for the Middle District of North Carolina entered an order granting in part, and denying in part, the plaintiff’s motion for class certification in a no-hire...more

Vindication! Fifth Circuit Reverses Notorious District Court Health Care Fraud Decision

by Seyfarth Shaw LLP on

Seyfarth Synopsis: In a major victory for ERISA plans and other payors, the Fifth Circuit recently overturned a district court’s notorious decision in favor of a healthcare provider and reinstated a plan administrator’s...more

When—Exactly—Does an Adverse Employment Action Occur? The Utah Supreme Court Weighs In

by Snell & Wilmer on

Can one employee be considered terminated from the same position twice? Though the concept seems to give plaintiffs two bites at the apple for statute of limitations, the Utah Supreme Court says, in certain circumstances,...more

Texts From Your Ex? Not So Fast- Make Sure To Preserve Your Evidence

by Seyfarth Shaw LLP on

Seyfarth Synopsis: A case out of the District of Oregon recently dismissed a Plaintiff’s sexual harassment and retaliation claims where the allegations relied on manufactured text messages that Plaintiff failed to produce. ...more

New Lawsuit Alleges Rush to Judgment in #MeToo Climate

Newton’s Third Law of Physics states that “for every action, there is an equal and opposite reaction.” A recent Complaint filed in the Southern District of New York suggests that this principle may also hold true for the...more

Technical Violations of Statutes May No Longer Be Enough

by Akerman LLP - HR Defense on

“Have you been injured?” No longer just a query for auto accident victims, plaintiffs must increasingly be able to answer “yes” to that question before bringing suits for violations of statutory rights....more

Open & Known Hazards Under the Kinsman Exception to Privette

Gonzalez v. Mathis, 2018 WL 718528 confirms the difficulties a defendant will face when trying to overcome the Kinsman exception to the Privette doctrine on a dispositive motion when dealing with an open and obvious hazard....more

Fourth Circuit Raises Bar for Dismissal of Sexual Harassment Claims

Through the 2000s, the Fourth Circuit Court of Appeals (which includes North Carolina and South Carolina) had the reputation as one of the most employer-friendly U.S. appellate courts. As new judges took to the bench over the...more

Seventh Circuit Holds that ERISA does not Preempt State “Slayer Statute”

by Bryan Cave on

We turn once again to the sad and difficult task that plan administrators face when distributing the benefits of a participant who has been murdered by his or her designated beneficiary. Sad for obvious reasons. Difficult...more

NYC Human Rights Law and Employers' Requirements for "Cooperative Dialogue"

by Harris Beach PLLC on

A recent amendment to the New York City Human Rights Law (“NYCHRL”) reaffirms that employers must engage in a “cooperative dialogue” with employees who request a “reasonable accommodation.” While this obligation has been...more

New Jersey’s Conscientious Employee Protection Act Requires Election of Remedies Before Summary Judgment

by Seyfarth Shaw LLP on

Seyfarth Synopsis: The U.S. District Court for the District of New Jersey recently held that the proper time for a plaintiff to elect whether to proceed with a statutory whistleblower claim under CEPA, or a common law Pierce...more

Avoid Jumping to Conclusions About Compensability of Work Injuries Caused by an Employee’s Intentional, High-Risk Conduct

What should a Pennsylvania employer do when an employee seeks workers’ compensation benefits after injuring himself by engaging in risky behavior at work? ...more

EEOC Can’t Mess With Texas (Until Folks Have A Chance To Comment On Substantive Rule)

by Sherman & Howard L.L.C. on

The U.S. District Court for the Northern District of Texas has enjoined the Equal Employment Opportunity Commission (EEOC) from enforcing its guidance on background checks against Texas. The guidance, Texas argued, directly...more

Faulty Statistics Lead to Decertification of California Wage and Hour Case

by BakerHostetler on

Nearly four years ago, the California Supreme Court issued its decision in the case of Duran v. U.S. Bank National Ass’n, 59 Cal. 4th 1 (2014), in which it virtually catalogued the many problems inherent in the plaintiffs’...more

Accountant and Attorney Liability NewsBrief - Winter 2018

by LeClairRyan on

Our attorneys have published the Winter 2018 edition of LeClairRyan's Accountant and Attorney Liability NewsBrief, available. Please see full Publication below for more information....more

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