A U.S. Supreme Court case claiming asbestos caused a railroad employee's cancer might not seem crucial for wage and hour attorneys to follow, but its potential to shape where plaintiffs can sue makes it one to watch, observers told Law360.
"This case is potentially going to impact how wage and hour cases are litigated," said Christopher McNerney, an Outten & Golden LLP partner who represents workers.
"It's an added nuance to the age-old question of where to file," said Christopher McNerney, who represents workers as a partner at Outten & Golden LLP. "Some of the considerations are: Where is the bulk of the company's business? What is convenient for your clients? What is the status of the law?"
Moira Heiges-Goepfert, an Outten & Golden LLP attorney who represents California workers, said the case sets up an opportunity for the justices to explain just how much of an impact a state law needs to have on motor carriers to trigger FAAAA preemption.
"It's a perfect policy question," she said. "What does 'related to' mean?"
"The Ninth Circuit is saying the state law has to be pretty closely related to a price, route, or service, a very specific interpretation," she said. "Whereas the First Circuit has taken a much broader view and said anything that has a significant impact on routes or prices or service would be enough to be preempted."
Class action targets criminal history screening policies that reject qualified job applicants
Walmart, the nation's largest private employer, hires thousands of new workers across the U.S. each year. But according to a lawsuit recently filed by Outten & Golden LLP and Youth Represent, the retail giant also rejects many qualified applicants because of their criminal histories – part of a uniform hiring policy that disparately impacts Black and Latinx candidates in...
A health care staffing company's recent bid to pursue high court review of a Ninth Circuit ruling on when per diems factor into overtime pay elicits some key takeaways, including that while per diems should be closely tied to actual expenses they can still vary based on hours worked, attorneys say.
A proposed class action accusing financial services company Social Finance Inc. of discriminating against immigrants will continue after a California federal judge junked the company's bid to push the allegations into arbitration.
Employment law firm Outten & Golden LLP announced today the promotion of Cassandra W. Lenning, Christopher M. McNerney, Amy F. Shulman, Daniel S. Stromberg, and Chauniqua D. Young to partnership effective January 1, 2021.
Today, Deutsche Bank announced major changes to its family planning benefits for employees, namely increasing its surrogacy benefit from $10,000 to a life-time maximum of $50,000 per employee. The increased surrogacy benefit is critical for some LGBTQI employees who currently may not be able to take advantage of other family planning benefits covered by Deutsche Bank’s health insurance plan, such as in vitro fertilization (IVF).
A job applicant to New York Life filed a class action alleging that the company denied employment to her because of arrests that never resulted in conviction. The complaint specifically alleges that New York Life's uniform policy and practice, to deny applicants with such arrests, "flout[s] New York law, treating individuals as guilty of crimes for which they were never convicted, and inverting the fundamental U.S. legal principle that an individual is innocent until proven guilty."
New York City and State make it an unlawful discriminatory practice to deny employment to an...