The Recorder

FTC Rule Banning Noncompetes Set Aside on Nationwide Basis by Federal Court

"The court also determined that the Final Rule was overbroad," write Ryan Glasgow, Christopher Pardo and Katherine Sandberg of Hunton Andrews Kurth.
7 minute read

Texas Lawyer

Legal Tech Firm Takes on NLRB—and Wins

A legal tech company's refusal to enter collective bargaining had merit, the Fifth Circuit said, because a class of supervisors were improperly included in the bargaining unit. The decision went against the National Labor Relations Board.
4 minute read

The Legal Intelligencer

Judge Approves $433K in Attorney Fees for Servers in Restaurant Chain Wage Dispute

"Here, although KRG contends that plaintiffs' rates are unjustified because this case has been simple, the case's history contradicts their position. This case was not simple—it had been pending for three years before trial and involved both FLSA and class certification," U.S. District Judge Christy Criswell Wiegand of the Western District of Pennsylvania said.
3 minute read

The Legal Intelligencer

Third Circuit Rules Temporary Back Injury Can Be Deemed Disability Under ADAAA

The hope was that many of the problems in having to prove an actual disability would go away following the amendments to the ADA in 2008 with the advent of the ADA Amendments Act (ADAAA).
8 minute read

New York Law Journal

Positional Conflicts Under ABA and New York Rule 1.7

"Positional conflicts can be a major barrier to firms participation in pro bono work involving direct delivery of services, but the barrier is one rooted more in perception rather than legal analysis of ethics rules," write Samuel Estreicher and Samuel Ball.
14 minute read

New York Law Journal

Labor Law §240(1): What is a Permanent Staircase?

When an injury occurs on or as a result of a permanent staircase, there is a marked split in the case law of the First and Second Appellate Departments, who have reached starkly different conclusions on the issue of whether a permanent stairway is an elevated work platform or safety device protected under §240(1).
7 minute read

Texas Lawyer

Employment Law for Dummies (and Other Types of Attorneys)

"That is the goal of this article, to enable those who dabble not to drivel but to speak intelligently about a very few, but common, issues in employment law," writes Jackson Walker's Scott Fiddler.
8 minute read

Corporate Counsel

EEOC Suit Against United Highlights Need for Speed in Probing Discrimination Claims

"It's critical that an employer who becomes aware of a complaint promptly investigate and take remedial action," Jeffrey Kopp, a Foley & Lardner partner.
6 minute read

The Legal Intelligencer

Bayada Agrees to $13.5M Settlement With Nurses in Wage Class Action

Plaintiffs in the action claimed that Bayada failed to pay nurses for time they spent giving or receiving reports on patients' status at the beginning and end of shifts and for time they spent completing company-mandated trainings.
3 minute read

Law.com

State High Court Finds 7-Eleven Franchisees Fail to Meet Definition of Employee

"Accordingly, we conclude that the contractual obligations of the franchisees to operate their convenience stores in a manner that preserves the integrity of the brand does not satisfy the threshold determination," Associate Justice Dalila Argaez Wendlandt said.
5 minute read

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