Employment

  • February 11, 2016

    Morgan & Morgan Resolves Overtime Class Action

    Law firm Morgan & Morgan PLLC has agreed to pay a former employee the wages she alleged are owed because the firm misclassified case managers as exempt from overtime pay, resolving a proposed collective action, according to documents filed Thursday in Georgia federal court.

  • February 11, 2016

    OSC Warns Against Narrowing Whistleblower Protections

    The government watchdog charged with protecting federal whistleblowers announced its efforts Wednesday urging the U.S. Merit Systems Protection Board not to uphold a decision limiting worker protections to those already employed by, or with active applications pending to, a given agency.

  • February 11, 2016

    Uber To Pay $28.5M To End Class Action Over Safety Claims

    Uber said Thursday it will pay $28.5 million to resolve a proposed class action filed in California federal court that accuses the ride-hailing company of misleading consumers about its “safe rides fee” and the quality of its driver background checks.

  • February 11, 2016

    Teamsters Ask 11th Circ. For Sanctions On Amerijet

    The International Brotherhood of Teamsters have called Amerijet’s bid to reverse a decision forcing arbitration of a labor dispute with its overseas pilots “frivolous” and “vexatious,” urging the Eleventh Circuit to scrap the appeal and award the union attorneys’ fees.

  • February 11, 2016

    LeClairRyan Wants Arbitration With Atty In Sex Bias Suit

    Gender discrimination allegations made by a former equity partner of LeClairRyan belong in arbitration rather than in a Virginia federal courtroom because she accepted a shareholder agreement that contained the provision through her years of performance, even if she never physically signed the document, the firm argued on Thursday.

  • February 11, 2016

    NJ Senate Chief Introduces Legislation For $15 Minimum Wage

    The head of New Jersey's Senate on Thursday formally introduced legislation that would ask voters to boost the state's minimum wage to $15 through an amendment to the state constitution.

  • February 11, 2016

    Texas A&M Construction Worker's Family Gets $54M Verdict

    After two years of litigation, the family of a construction worker who was killed on the job during the expansion and renovation of Texas A&M University's Kyle Field was awarded nearly $54 million by a Harris County jury on Wednesday.

  • February 11, 2016

    9th Circ. Blocks Workers' Bid For Double Pay In Tool Row

    The Ninth Circuit on Thursday shut down a packaging contractor’s proposed class action alleging he should be paid double the minimum wage for having to bring his own tools to work, finding California wage laws don’t call for thousands of dollars in back pay.

  • February 11, 2016

    NJ Senate Passes Equal Pay Legislation

    The New Jersey Senate on Thursday passed what supporters are hailing as new tools to battle the pay gap between men and women, including a bigger net for recovering back pay as part of a discrimination claim and explicit protections against unequal wages.

  • February 11, 2016

    Animators Say Anti-Poaching Suit Deserves Class Cert

    A proposed class of animators accusing Disney and other studios of scheming not to poach each other’s workers laid out their case for class certification in a motion released Wednesday, telling a California federal judge that years of collusion affected animators across six studios.

  • February 11, 2016

    3M Settles 4 Key Asbestos Suits On Eve Of Trial

    3M Corp. has settled four suits over factory workers' asbestos exposure just as the first was scheduled to go to trial, the company told a court Thursday, leaving paper giant Weyerhaeuser Co. still a defendant.

  • February 11, 2016

    NLRB Won’t Take On DynCorp Over Navy Union Insignia Ban

    The National Labor Relations Board recently dismissed a union complaint accusing DynCorp of illegally prohibiting U.S. Navy contractors from displaying insignia and signs, based on a recommendation finding the prohibition came from the military and wasn’t worth tackling.

  • February 11, 2016

    Vail Resort To Pay $1M Over EEOC Sexual Harassment Claims

    The owners and managers of Vail Run Resort agreed to a settlement with the U.S. Equal Employment Opportunity Commission on Thursday in Colorado federal court, offering to pay $1 million to end claims that they permitted a housekeeping manager to sexually harass Mexican female employees.

  • February 11, 2016

    RadioShack Judge OKs $5.5M Deal With Pa. Store Managers

    The liquidating trustee overseeing RadioShack's bankruptcy agreed to pay $5.5 million in unsecured claims to a class of store managers who did not receive overtime pay from the now-bankrupt electronics retail chain under a settlement a Delaware federal bankruptcy judge approved Wednesday.

  • February 11, 2016

    KBR Seeks More 3rd Circ. Review In Wrongful Death Suit

    A contractor fighting a wrongful death suit from the family of a soldier electrocuted at a Baghdad military base urged a Pennsylvania federal court Thursday to allow a third appeal before the case goes to trial, saying the contractor is allowed to challenge a ruling on which state’s liability laws apply in the dispute.

  • February 11, 2016

    Rx. Co. Sues Law Firm For Losing Case Against Ex-Workers

    New York prescription-return company Omega 2000 has sued its former attorneys in state court for allegedly botching a case against ex-Omega employees who started a rival company.

  • February 11, 2016

    Workplace Discrimination Claims Up In 2015, EEOC Says

    The number of discrimination charges filed with the U.S. Equal Employment Opportunity Commission in 2015 rebounded slightly after a near decade low the year before, and retaliation claims continue to be workers’ leading concern, the EEOC said on Thursday.

  • February 11, 2016

    Nuke Site Security Commanders Not Supervisors, NLRB Says

    The National Labor Relations Board ruled Thursday that lieutenants working for a private security contractor at a U.S. Department of Energy nuclear facility in South Carolina don’t qualify as supervisors under the National Labor Relations Act.

  • February 11, 2016

    LA Agrees To Pay Ex-Parks Worker $3.8 Million In Bias Suit

    The Los Angeles City Council voted Wednesday to pay about $3.8 million to a longtime employee of the city’s Department of Recreation and Parks who a jury found was subjected to disability and racial discrimination.

  • February 11, 2016

    Ex-Cuneo Gilbert Atty Demands Docs In Bias Row

    A former Cuneo Gilbert & LaDuca LLP attorney on Wednesday accused the firm of trying to irreparably damage her career and asked a New York federal judge to step in and force the firm to hand over certain documents to support her national origin discrimination suit.

Expert Analysis

  • Takeaways From Revival Of Pangang Trade Secret Prosecution

    Daniel Prince

    Last month, prosecutors filed a third superseding indictment against Pangang. The trade secrets case is particularly instructive for what it suggests about the U.S. Department of Justice’s views regarding the ongoing debate concerning the U.S. government’s ability to effect service on foreign corporations without a U.S. presence, say attorneys with Paul Hastings LLP.

  • The Burgeoning Bulletin Boards Of Federal Contractors

    Jon A. Geier

    The final regulations implementing Obama's pay secrecy order became effective on Jan. 11, 2016, which means federal contractors now face new posting and notice requirements, adding to a growing body of similar obligations that have steadily accumulated over the years, say Jon Geier and Blake Bertagna of Paul Hastings LLP.

  • Employer Tips For Handling Office Romances

    Robert Dolinko

    While some office romances end unremarkably, others could form the basis for sexual harassment lawsuits with the potential to cost employers millions of dollars. With Valentine's Day approaching, there's no better time of year for employers to be proactive about mitigating the potential liability, disruption or embarrassment that can arise from sexual harassment claims, say attorneys at Nixon Peabody LLP.

  • How Does Skadden Stay No. 1?

    Elizabeth Duffy

    Analyzing the reasons why clients choose certain firms reveals a great deal about what is important and valued in the marketplace. Based on interviews with a random sample of over 600 heads of legal in the largest U.S. organizations, Elizabeth Duffy, vice president of Acritas US Inc., identifies the core brand drivers of Skadden Arps Slate Meagher & Flom LLP.

  • Interpreting EEOC’s Equal Pay Data Statistical Tests

    Gurkan Ay, Ph.D.

    The statistical tests identified in the U.S. Equal Employment Opportunity Commission's new EEO-1 proposal are not designed to measure a true pay gap as much as they are to flag certain jobs or companies where there may be an issue for potential action. Employers’ most conservative response should be to estimate these statistics using their own data so that they are cognizant of pay gaps that may require attention, say economists at... (continued)

  • OPINION: The Road To Partnership Must Keep Evolving

    Daniel L. Butcher

    In a recent Law360 article it was suggested that promotion to partner was a competition between associates and that taking maternity, paternity or family medical leave could impact an associate's chances at promotion. But this sort of ethos — which may have contributed to law firms’ success in the past — is not the best way to secure the industry's future, says Daniel Butcher, managing partner of Strasburger & Price LLP.

  • Rodeo Associations Fail To Rein In Each Other In Round 1

    Bruce D. Sokler

    Last week, a Texas federal court denied the Elite Rodeo Association’s preliminary injunction motion to block the enforcement of the Professional Rodeo Cowboys Association's bylaws, and also denied the PRCA’s motion to dismiss on the ERA’s Section 2 claim. In reaching that conclusion, the court had to address and distinguish a host of arguably applicable sports antitrust cases, say Bruce Sokler and Farrah Short of Mintz Levin Cohn F... (continued)

  • Shaping The Future Of The EB-5 Visa Program

    Ronald R. Fieldstone

    Takeaways from the recent EB-5 Investors Magazine Conference in Las Vegas were many, and as Congress is set to vote on reauthorizing the program in September, industry leaders expects the conversations that started in Las Vegas will help shape the future of the program, says Ronald Fieldstone, a partner at Arnstein & Lehr LLP.

  • Why 'Upwards Bullying' Could Be A Concern For US Employers

    Ricardo Granderson

    "Upwards bullying" — when a subordinate or staff member targets, threats, intimidates or sabotages a manager or supervisor — may be an increasing trend in the U.K. and Australia. But with an "at-will" doctrine in place, could the same happen in the U.S.? Ricardo Granderson, principal and founder of The Granderson Group explains why and how it could become an issue for U.S. employers.

  • The Economics Of Independent Contractors

    Charles Diamond, Ph.D.

    Lawsuits challenging independent contractor status pose several interesting questions: What is the economic rationale for independent contractors? What is an independent contractor versus an employee? Are independent contractors losing economic benefits due to misclassification? Experts at Charles River Associates explore the answers to these questions from an economic standpoint.