Employment

  • May 5, 2016

    4th Circ. Reignites Firefighter's Wrongful Firing Claims

    The Fourth Circuit on Thursday partially revived a lawsuit accusing a North Carolina volunteer fire department of mistreating its first female lieutenant because of her gender and then firing her for complaining about the treatment, saying that the true cause of her termination was not clear.

  • May 5, 2016

    Pa. Justice Recusals Renew Questions Over Judicial Elections

    Legal experts are again raising questions about the role of money in state judicial elections after campaign contributions helped push multiple members of the Pennsylvania Supreme Court to recuse themselves from deciding an appeal set to be argued Monday involving a politically influential Philadelphia union boss.

  • May 5, 2016

    Renzenberger Drivers Press 9th Circ. To Certify Break Class

    Renzenberger Inc. drivers urged the Ninth Circuit on Thursday to reverse a trial court's refusal to certify a class of potentially 1,100 drivers on claims they were denied rest breaks, arguing the trial court put the cart before the horse in finding Renzenberger's break policy was legal.

  • May 5, 2016

    NC Will Miss DOJ Deadline To End Transgender Bathroom Law

    North Carolina’s House leader said Thursday that state legislators won’t take action to repeal its controversial law restricting bathroom access for transgender state employees by the U.S. Department of Justice’s looming deadline, his spokesman confirmed.

  • May 5, 2016

    Split NLRB Panel Says CVS Class Action Waivers Violate Law

    The National Labor Relations Board on Wednesday ordered CVS Pharmacy Inc. to alter its workplace dispute resolution program requiring employees to give up the right to bring collective and class actions, agreeing with an earlier ruling that called it an unfair labor practice.

  • May 5, 2016

    3rd Circ. Clears Philly Casino In Suit By Muslim Ex-Server

    The Third Circuit on Thursday denied a Muslim woman's bid to revive her retaliation suit against a Philadelphia casino and her former employer on religion, national origin and medical leave grounds, saying she couldn't establish her firing was caused by her complaints.

  • May 5, 2016

    Insurer Must Cover Hernia Mesh Trade Secret Row, Court Told

    Hernia mesh maker Tela Bio Inc. urged a New Jersey federal court Thursday to find that Federal Insurance Co. must defend it in a trade secrets lawsuit brought by an Acelity LP unit, saying that the Federal policy's libel and slander coverage was triggered even though the unit didn't explicitly allege defamation.

  • May 5, 2016

    Labor Secretary Says Paid Leave Regs On Tap For Contractors

    U.S. Labor Secretary Thomas Perez joined with business leaders on Thursday to tout company programs that offer workers paid family and medical leave, adding that the U.S. Department of Labor will have regulations in place by year’s end requiring all federal contractors to have leave policies in place. 

  • May 5, 2016

    Threat Of New Bias Suit Against CVS Draws Judge's Rebuke

    A belated bid by former anti-theft detectives to expand their proposed class action against CVS Pharmacy Inc. claiming they were told to target black and Hispanic customers received a chilly reception from a New York federal judge on Thursday, and their assertion that they would simply launch another suit if denied drew a direct rebuke.

  • May 5, 2016

    Uber Riders' Sex Assault Suit Can Proceed, Judge Rules

    Uber Technologies Inc. will have to face the bulk of a suit brought by two women who say the ride-hailing service is responsible for two sexual assaults by drivers after a California federal judge ruled Wednesday the women plausibly claimed Uber was the drivers’ employer.

  • May 5, 2016

    Angry Judge Tells Yoga Guru To Get On Plane For Rape Depo

    A California judge on Thursday ordered yoga guru Bikram Choudhury to show up for a deposition over claims he raped a former teacher trainee, angrily telling his counsel that he can’t testify by video link just because he’s in India training yoga instructors.

  • May 5, 2016

    Texas Agency Must Face Employee Accommodations Claim

    A Texas appellate court on Thursday ruled that a psychologist can proceed with his lawsuit against the state agency that fired him on grounds that it did not make reasonable accommodations for him after he started prostate cancer treatment, but the court rejected his claims of race and disability discrimination.

  • May 5, 2016

    Home Lender Wants OT Suit Axed Over 'Deceptive' Atty Conduct

    Cornerstone Home Lending Inc. told a Texas federal judge Thursday to toss a proposed overtime collective action after opposing counsel stopped communicating with the lender's attorneys, causing counsel to fly to Arizona for depositions the former employees skipped, only to file a certification motion referencing the lack of discovery.

  • May 5, 2016

    Ex-Citadel Analyst's Prison Term Halved In Secrets Row

    An Illinois federal court Thursday issued a former Citadel LLC analyst a reduced sentence of six more months in prison for stealing trade secrets, over the defense's request that he be released on time served after the Seventh Circuit had found his original, three-year sentence excessive.

  • May 5, 2016

    2nd Circ. Affirms Dismissal Of FCA Suit Against Wells Fargo

    A False Claims Act case brought against Wells Fargo & Co. by whistleblowers who say the bank defrauded the Federal Reserve by lying about following banking law so they could borrow money at lower interest rates stayed dead Thursday when the Second Circuit affirmed its dismissal by a lower court.

  • May 5, 2016

    Uber Will Reveal Value Of Drivers' Claims After $100M Deal

    Uber agreed Wednesday to loosen confidentiality restrictions on the total estimated value of claims brought by drivers in two closely watched class actions the company recently settled for as much as $100 million, saying making the information available could help class members evaluate the deals. 

  • May 5, 2016

    Rio Hotel Had Unlawful Email Policy, NLRB Judge Says

    A National Labor Relations Board judge reversed a previous decision in favor of a Caesars Entertainment Corp. casino, ruling Tuesday that its email communications policy illegally restricted workers’ right to engage in protected union activity.

  • May 5, 2016

    Gov’t Pushes To Nix Secret Service Class Race Bias Claims

    The federal government on Thursday pushed for a D.C. federal judge to toss long-running class allegations of racial bias in the U.S. Secret Service, maintaining that the class could not prove that the promotions process as a whole resulted in fewer African-Americans being promoted.

  • May 5, 2016

    2nd Circ. Urged To Revive Booz Allen Retirees' ERISA Suit

    Retired Booz Allen Hamilton officers asked the Second Circuit on Wednesday to revive their suit alleging the defense contractor significantly undervalued their stock options, saying a New York federal judge wrongly denied their requests to amend their complaint with newly-discovered evidence of fraud.

  • May 5, 2016

    Truckers Fight UAW Attempt To Oust Them From Contract Row

    A group of truck drivers claiming the UAW failed to properly represent them in contract negotiations with GM urged a Michigan federal court on Tuesday to reject an attempt to ax nearly a dozen additional drivers from the action, saying the union is merely trying to subvert an earlier ruling.

Expert Analysis

  • High Court's Free Speech Ruling Bolsters Employee Rights

    Zachary Cantor

    Following the U.S. Supreme Court's recent ruling in Heffernan v. City of Paterson, it is now clear that the definition of protected speech for employees has been expanded. The decision squarely shifts the onus to employers to prove their policies and procedures are not intended to chill protected discourse, says Zachary Cantor, a principal at Cantor Law.

  • 5 Takeaways From 9th Circ. Ruling In TWC Timecard Case

    Adam Rosenthal

    This week, the Ninth Circuit issued a crushing blow to a plaintiff who sought to use the California Labor Code to extract millions of dollars in penalties from his former employer, Time Warner, based entirely on the theory that over a 13-month period he was “underpaid” $15.02 and is owed compensation for precisely one minute. The decision restores some sanity to wage-and-hour jurisprudence, says Adam Rosenthal of Sheppard Mullin Ri... (continued)

  • Gig Economy: Settlements Leave Labor Issues Unsettled

    Miriam A. Cherry

    Perhaps what the recent $100 million Uber settlement shows us, more than anything, is the weakness of regulating labor standards through the method of private attorneys bringing class actions. But more important than these legal maneuvers is the issue of work changing in response to technological restructuring, says Miriam Cherry, a professor at Saint Louis University School of Law.

  • Scalia’s Vacancy Shifts High Court On Class Actions

    Brian S. Kabateck

    In the wake of U.S. Supreme Court Justice Antonin Scalia’s death the pendulum may already be swinging back in favor of class actions. In fact, the post-Scalia court now sits divided evenly on business litigation issues, or perhaps even favoring consumers for the first time in a long time, say Brian Kabateck and Natalie Pang at Kabateck Brown Kellner LLP.

  • Employee Safety: When A 'Reasonable Response' Isn’t Enough

    Melody L. Rayl

    What happens when, following a criminal incident, an employer's attempt to beef up on-premise workplace security fails to prevent another occurrence? As one recent Missouri case demonstrates, such measures can ultimately put an organization at greater risk and employers can find themselves on the receiving end of a lawsuit they never saw coming, says Melody Rayl at Fisher & Phillips LLP.

  • Gig Economy: Are Your Workers Employees? The 6-Part Test

    Rachel Bien

    Unfortunately, many sharing economy companies have tried to have it both ways — benefiting from the cost savings of calling workers independent contractors while at the same time treating them as employees in most other respects. Guidance from the U.S. Department of Labor suggests that many of these companies have misclassified their workers as independent contractors, say Rachel Bien and Cara Chomski of Outten & Golden LLP.

  • The Deemed Export Rule And Employment Nondiscrimination

    John J. Burke

    For employers that are caught between complying with export control laws and anti-discrimination laws, the U.S. Department of Justice recently issued guidance to help companies navigate these seemingly contradictory requirements. But, while helpful in some areas, the guidance may add to the confusion in other areas, say John Burke and Sabrina Shadi at BakerHostetler LLP.

  • Gig Economy: The Case For Local Regulation Of Ride Apps

    Peter M. Mazer

    “The operation of taxicabs is a local business,” declared the U.S. Supreme Court more than 60 years ago. Hence, standards for on-demand transportation exist at the local or state level to adapt to local needs and the regulatory and political climate of the locality. The onset of ride-sharing has significantly altered this dynamic, says Peter Mazer, general counsel of the Metropolitan Taxicab Board of Trade in New York.

  • The Fight For Streaming Royalties Is Going Over The Top

    Nathaniel L. Bach

    A short-lived class action seeking allegedly unpaid royalties for content that World Wrestling Entertainment sold or licensed to both Netflix and to WWE Network is a free lesson in the challenges that both new and traditional over-the-top licensors may face, and how profit participant plaintiffs might seek to pursue networks and broadcasters for streaming royalties going forward, says Nathaniel Bach of Gibson Dunn & Crutcher LLP.

  • Interpreting Duran V. US Bank In The Aftermath Of Tyson

    Steven D. Allison

    The decisions in Duran v. U.S. Bank and Tyson Foods v. Bouaphakeo seem like mirror images. One approved the use of statistical sampling to establish an employer’s liability, the other rejected the same method in a similar case. But on closer inspection, the U.S. Supreme Court’s reasoning in Tyson is more similar to the California Supreme Court’s in Duran than the outcomes would suggest, say attorneys at Crowell & Moring LLP.