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Law.com

Inside Track: Once-Overlooked Labor Watchdog Has Put Employers in Tizzy

The NLRB "has been pursuing an agenda to reshape U.S. labor law and overturn decades of well-established NLRB precedent," Littler Mendelson shareholder Michael Lotito said.
4 minute read

New York Law Journal

Action Over Unease: What Happens Post-Tender Acceptance?

The primary focus of most litigation in the United States is on the defendant's liability to the plaintiff. In the unique world of New York Labor Law claims, however, risk transfer issues among defendants and third-party defendants often become the main event.
7 minute read

New York Law Journal

Meet the New Boss, Same as the Old Boss: The New Old Independent Contractor Rules

The U.S. Department of Labor's new independent contractor regulations, effective March 11, 2024, replace a previous set of regulations issued under the Trump administration in 2021; however, the new rule is not really new.
8 minute read

Corporate Counsel

More Workers Seek Mental Health Accommodations, Creating Vexing Legal, HR Decisions for Firms

"People are more willing to step up and say, 'I'm a person who has this and this, and this is what it means to me,'" said Devjani Mishra, a Littler Mendelson shareholder.
6 minute read

New York Law Journal

'Bazdaric', the 'Integral to the Work' Defense and the 'Slippery Condition' Provision of Industrial Code 23

In his Construction Accident Litigation column, Brian J. Shoot focuses on a single Court of Appeals ruling, 'Bazdaric v. Almah Partners', and the two issues that were presented in that case.
14 minute read

Law.com

Peloton Accused Duping Workers With 'Worthless' Stock Options, Employment Suit Claims

Peloton was hit with an employment lawsuit in Kentucky state court last week by a employee who claims the at-home fitness company duped him to stay with the company during COVID-19 by granting him "worthless" restricted stock units and stock options.
3 minute read

The Recorder

California Supreme Court Cuts Break to 'Good Faith' Employers in Wage Statement Case

While ignorance may generally be no excuse when it comes to the law, there are some exceptions when enforcing California's labor laws, the high court held.
4 minute read

New York Law Journal

Second Circuit Takes on Case Involving Discovery of Regular Employees in Union Debate

A pending Second Circuit case will likely decide whether employers facing a preliminary injunction proceeding brought by the National Labor Relations Board can obtain court-sanctioned discovery from rank-and-file employees of their views of the "chilling effect" of particular employer actions on their willingness to support the union seeking to organize them.
6 minute read

New York Law Journal

What a Recent Labor Law §240(1) Decision Teaches Us About Stare Decisis

This article examines the recent Court of Appeals decision that addresses whether the plaintiff was engaged in the type of "repairing" activity that is covered by Labor Law §240(1). The case should be of interest to practitioners for the implications of the specific holding. However, it also provides a broader lesson on stare decisis.
12 minute read

Daily Report Online

Employment Lawyers in Big Law Optimistic About More Work Ahead After Noncompete Rule

"If it did go into effect, certainly it's going to create a demand for people to make sure their nonsolicitation provisions are tightly drafted," said Ogletree partner Christine Bestor Townsend.
5 minute read

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