Employment

  • June 30, 2016

    Uber, Drivers Asked To Provide More Info In $100M Deal

    A California federal judge on Thursday ordered Uber and its drivers to produce more information over a proposed $100 million settlement in two class actions accusing the ride-hailing company of misclassifying drivers as independent contractors, ruling he couldn't yet determine if the deal was fair.

  • June 30, 2016

    NLRB Again Asks 5th Circ. To Nix Arbitration, Class Waivers

    The National Labor Relations Board has asked the Fifth Circuit to abandon its own precedent and back the agency's position that arbitration agreements with class waivers are unlawful, urging the court in appellate briefing to enforce the NLRB's order that retail clothing chain Citi Trends change its arbitration policy.

  • June 30, 2016

    Ex-AXA Broker Tells Jury Underling Sent Unapproved Emails

    Broker Steven S. Novick said Thursday at his $20 million breach of contract trial against two AXA units that he sent an email about an unapproved potential investment to one of his then-bosses, but blamed a former subordinate for dozens of similar unauthorized missives even though they were sent under his name.

  • June 30, 2016

    Oral Arguments Spill Into Hallway In FLSA Suit, Judge Told

    A business owner accused of violating the Fair Labor Standards Act cursed and threatened to "crush" an Indian ex-employee who brought the case outside the very courtroom where it was being heard, the pro se plaintiff wrote a New York federal judge. 

  • June 30, 2016

    2nd Circ. Ruling Doesn’t Apply To Insurance Dispute: Judge

    A New York federal judge Wednesday rejected arguments by the Evanston Insurance Co. that a Second Circuit ruling negates his decision the insurer must pay to defend a company against an employee lawsuit.

  • June 30, 2016

    NJ Military Contractor Settles Fraud Claims For $1.1M

    A New Jersey-based military contractor, its parent company and affiliates have agreed to pay $1.1 million to resolve civil claims that they used shell companies to bill for more work than was actually performed in a contract involving the Kuwait-Iraq war zone, U.S. Attorney Paul Fishman said Thursday.

  • June 30, 2016

    Girardi Keese Could Get Costs In Nixed Excessive Fee Row

    A California judge Thursday indicated he would award costs to Girardi Keese in a dismissed lawsuit claiming the firm charged excessive fees in a Lockheed Martin class action that settled for $131 million, but possibly less than half of the $102,000 requested.

  • June 30, 2016

    Pa. Atty Suspended 5 Years For Abusing Judicial System

    The Pennsylvania Supreme Court on Thursday accepted an attorney disciplinary board’s recommendation to suspend a Delaware County lawyer for five years for repeatedly and improperly attempting to re-litigate issues in a breach of contract suit he lost on behalf of his wife, and impugning the integrity of state judges.

  • June 30, 2016

    PGA Tour Locks Horns With Singh Over Antler Spray Report

    The PGA Tour is opposing an expert's revised report that pro golfer Vijay Singh filed in his lawsuit alleging the tour wrongly suspended him for using deer antler spray, saying Tuesday in a Manhattan court that the document is trying to sneak in new arguments about the suspension's effect on Singh's career.

  • June 30, 2016

    Sen. Chides NHL Commish For 'Dismissive' CTE Comments

    U.S. Sen. Richard Blumenthal is pressing National Hockey League Commissioner Gary Bettman for answers about the league’s stance on concussions, amping up public and political pressure on the sport as it faces sweeping multidistrict litigation over head injuries.

  • June 30, 2016

    Transamerica Settles ERISA Excessive-Fee Suit For $3.8M

    An Iowa federal judge has preliminarily approved a $3.8 million class action settlement in an excessive-fee lawsuit brought against Transamerica Corp. by some of its employees, who claimed the company did not live up to its fiduciary duty under the Employee Retirement Income Security Act with its 401(k) plan.

  • June 30, 2016

    Dentons Names Gay Rights Pioneer A Senior Counsel In NY

    Evan Wolfson, an internationally recognized gay rights advocate and civil rights lawyer who is considered the architect of the marriage equality movement, has joined Dentons as senior counsel in New York, the global law firm recently announced.

  • June 30, 2016

    OSHA Fines Car Parts Co. $3.4M For Faulty Temp Training

    An Ohio auto parts manufacturer was fined $3.4 million by the U.S. Occupational Safety and Health Administration on Wednesday for weak safety controls and a lack of training for its temporary workers after two employees were seriously injured in accidents at the plant this year.

  • June 30, 2016

    Gawker's Union Contract Up In Air, Ziff Davis Says

    Web publisher Ziff Davis, currently the leading bidder to acquire Gawker Media's consortium of blogs at a planned bankruptcy auction, said Thursday that it has not yet determined whether it would assume a collective bargaining agreement covering Gawker's editorial employees.

  • June 30, 2016

    Goetz Fitzpatrick Hit With Malpractice Suit Over Biz Spat

    Goetz Fitzpatrick LLP was slammed with a malpractice lawsuit in New Jersey state court Monday from a cybersecurity business owner alleging two firm attorneys negligently drafted legal documents, leading in one instance to a nearly $400,000 judgment against him in separate litigation.

  • June 30, 2016

    Attys Want Out Of SEC Fraud Suit Against 'Stalker' CEO

    Two attorneys accused by the Securities and Exchange Commission of helping purported "stalker" and private equity CEO Benjamin Wey manipulate shares on Wednesday asked a New York federal judge to dismiss the claims against them, calling the allegations time-barred and weak.

  • June 30, 2016

    Schlumberger Workers Get Conditional Class Cert. In OT Row

    A federal judge in Texas on Wednesday granted conditional certification to a class of Schlumberger Technology Corporation employees who claimed the oil and gas company failed to pay them overtime, in violation of the Fair Labor Standards Act.

  • June 30, 2016

    Grubhub Hit With Misclassification Suit By Delivery Drivers

    A group of delivery drivers from across the country slapped Grubhub with a proposed class and collective action suit on Tuesday, alleging the online food ordering company stiffed them out of minimum wage and overtime pay by classifying them as independent contractors.

  • June 30, 2016

    DOJ, Veterans Groups Back Soldier Employment Rights Bill

    The U.S. Department of Justice and veterans groups spoke out Wednesday in favor of congressional legislation seeking to protect service member employment rights by voiding worker arbitration agreements that prevent legal challenges of firings and discrimination.

  • June 30, 2016

    Ex-Penn State Coaches Urge 3rd Circ. To Revive Firing Suit

    Two former Penn State University football coaches, including the son of the legendary late head coach Joe Paterno, urged the Third Circuit on Thursday to upend a decision tossing claims that the school had irreparably harmed their reputations by terminating them following the Jerry Sandusky sex abuse scandal.

Expert Analysis

  • NY Should Unify Standards For Atty Fees Against State Agency

    Matthew T. McLaughlin

    Two bills introduced in the recently ended New York legislative session, if adopted into law, will provide government entities and Freedom of Information Law practitioners with the mooring of predictable and consistent outcomes in FOIL proceedings by changing the standard for determining attorneys’ fee awards, say Matthew McLaughlin and Benjamin Argyle of Venable LLP.

  • EB-5 Investors Could Fill The Restaurant Funding Void

    Roger A. Bernstein

    Restaurants seeking to expand are finding traditional financing options hard to come by, but the EB-5 program is proving to be a viable alternative. Restaurants are easy for foreign investors to understand and the food industry creates more jobs than virtually any other U.S. business sector, says Roger Bernstein at American Life Investments LLC.

  • The DOJ’s Increased Focus On Environmental Criminal Cases

    Barak Cohen

    The U.S. Department of Justice has voiced its commitment to prosecuting more criminal environmental cases. In some instances, this effort may result from more investigations or resources committed to bringing such cases. More startling, though, is that other instances reflect a change in prosecutorial discretion, so that more serious criminal cases may be brought in new contexts, say attorneys at Perkins Coie LLP.

  • Global Employment Handbooks: 1 Size Does Not Fit All

    Susan F. Eandi

    Investing in handbooks for a global workforce pays dividends in several respects, and while a truly one-size-fits-all, single, global handbook is a bit of a unicorn, there are ways to accomplish the same result while being compliant with local laws, say attorneys at Baker & McKenzie LLP.

  • How To Manage Your Law School Debt After Graduation

    Andrew Josuweit-headshot.jpg

    Student loan debt can feel overwhelming to new lawyers, especially when just getting started post graduation. Andrew Josuweit, co-founder and CEO of Student Loan Hero Inc., reviews the loan repayment plans available and discusses the best path forward for recent grads shouldering law school debt.

  • Making Rule 68 Offers Of Judgment In Employment Cases

    Excerpt from Lexis Practice Advisor
    A. Jonathan Trafimow

    Federal Rule of Civil Procedure 68 provides defendants with the ability to make an offer of judgment in order to pressure plaintiffs to settle. Jonathan Trafimow at Moritt Hock & Hamroff LLP outlines whether and how to make an offer of judgment in employment cases, the potential benefits and disadvantages, and the various state and federal laws that govern Rule 68.

  • Tips For Drafting Best-Interest Contracts Under DOL Rule

    Clifford Kirsch

    Practitioners drafting agreements to satisfy the U.S. Department of Labor’s new best-interest contract exemption will need to ensure the contract also conforms to the financial institution’s related customer agreements and disclosures and employs terms designed to protect the firm, say Clifford Kirsch and Allison Wielobob of Sutherland Asbill & Brennan LLP.

  • Forming Drug Test Policies Through A Haze Of Marijuana Laws

    Amanda Wingfield Goldman

    When it comes to protections for medical marijuana users, the tide appears to be turning as some states are revising their laws to include specific discrimination protections for employees. Amanda Wingfield Goldman at Coats Rose Ryman Yale & Lee PC provides practical steps for drafting drug testing policies in states where medical marijuana is legal, and states where recreational and medical marijuana is legal.

  • What To Expect In Post-Escobar FCA Litigation

    Peter Hutt II

    This week, the U.S. Supreme Court vacated the judgments in three False Claims Act matters that were pending before it on petitions for certiorari and remanded them for further consideration in light of the new standards enunciated in Escobar. Within the next few weeks, there will be a trickle of lower court decisions applying Escobar. By the end of the year, the trickle will be a flood, say attorneys with Covington & Burling LLP.

  • Where New Conn. Ban-The-Box Law May Be Headed

    Daniel L Schwartz

    Connecticut’s new fair chance employment act is not as extensive as similar "ban-the-box" laws in some of its neighboring states. However, the laws in these other states may be instructive regarding potential future developments in this area of law for Connecticut, say Dan Schwartz and James Leva at Day Pitney LLP.