Employment

  • November 28, 2016

    Full 7th Circ. Could Rewrite Book On Sex-Orientation Bias

    On Wednesday, the full Seventh Circuit will consider whether Title VII protects workers from discrimination on the basis of sexual orientation, months after a seemingly reluctant panel ruled that the Civil Rights Act offers no such protection.

  • November 28, 2016

    PNC Bank Settles Assistant Managers' OT Suit For $6M

    Former and current assistant branch managers at PNC Bank NA nationwide could receive back pay for overtime work that they were never compensated for after the company agreed to a $6 million settlement in an Illinois federal court Monday.

  • November 28, 2016

    Trucker's False Report Claim Tossed In Altegrity Ch. 11

    A Delaware bankruptcy judge denied an attempt Monday by a truck driver seeking to pursue litigation against a subsidiary of reorganized debtor Altegrity Inc., saying the man never filed a claim in the company’s bankruptcy and is now seeking relief to which he is not entitled.

  • November 28, 2016

    Department Store Workers Score Cert. In Overtime Pay Suit

    A Missouri federal judge on Monday granted conditional certification to a class of assistant managers at Midwest department store chain Gordmans Stores Inc. in a lawsuit accusing their employer of violating the Fair Labor Standards Act, ruling that the workers demonstrated the possibility of a companywide policy misclassifying them as overtime-exempt.

  • November 28, 2016

    DOL Continues Winning Streak In Fiduciary Rule Suits

    The U.S. Department of Labor nabbed a second victory in its efforts to defend its so-called fiduciary rule against a slew of challenges when a Kansas federal judge on Monday denied an insurance agency’s bid to halt the rule.

  • November 28, 2016

    McDonald's Says Wage Class Lacks Relevant Expert Evidence

    McDonald’s asked a California court Friday to strike expert reports offered a putative class of franchise workers who claim they were shorted wages and breaks, arguing the reports were improperly disclosed and irrelevant to the case.

  • November 28, 2016

    UPS Driver Wrongly Fired For Union Stance, NLRB Judge Says

    A United Parcel Service Inc. driver and union shop steward was illegally fired — twice — for refusing to support a collective bargaining contract, a National Labor Relations Board judge ruled Friday, adding that the worker’s post-firing Facebook rants about his bosses will prevent him from being rehired.

  • November 28, 2016

    DOJ Tells Justices Tribal Driver Has No Sovereign Immunity

    The federal government has urged the U.S. Supreme Court to overturn a Connecticut Supreme Court ruling that the driver of a Mohegan Tribe-owned limousine shared the tribe’s sovereign immunity to a state tort suit over an off-reservation car accident, but said the driver may still be shielded from those claims.

  • November 28, 2016

    After $1.1M Human Trafficking Win, Maid Seeks Attys’ Fees

    After winning a $1.1 million judgment as a victim of human trafficking, a woman who was held as a domestic servant in a Washington, D.C., diplomat’s home has asked a Maryland federal court for $220,000 in attorneys’ fees.

  • November 28, 2016

    NJ Panel Sinks Ex-Hospital Worker's Whistleblower Claims

    The New Jersey Appellate Division refused to revive an ex-hospital worker’s whistleblower complaint Monday after finding that her disciplinary track record derailed her claim that she was fired in retaliation for speaking up about alleged infractions by her superiors. 

  • November 28, 2016

    Ex-Agent in Pa. AG's Office Settles Retaliation Suit

    A former agent in the Pennsylvania Office of Attorney General’s Bureau of Narcotics Investigation has settled his retaliation suit that alleged he was taken out of the field and eventually fired for reporting misconduct in his unit.

  • November 28, 2016

    NLRB Judge Clips 4 Staffing Firm Handbook Rules

    A National Labor Relations Board judge has ruled that four employee handbook rules implemented by Atlanta-based information technology staffing company Insight Global LLC are illegal, including a provision requiring employees to sign away their rights to participate in class actions over employment-related disputes.

  • November 28, 2016

    AIG, Office Depot Seek Quick End To FCA Coverage Fight

    The battle over whether AIG Specialty Insurance Co. owed Office Depot a defense of a whistleblower’s accusations that the supply giant overbilled public entities continued last week as both sides asked a California judge to end the dispute quickly.

  • November 28, 2016

    Doc Office's Benefit Plan Not On Hook For $1M Tax, Suit Says

    The IRS should not seek nearly $1 million in back taxes owed by a New Jersey medical practice from its benefit plan or from property gifted to the practitioner’s children, the plan contended in a U.S. Tax Court suit filed Monday.

  • November 28, 2016

    Uber, Lyft Reach Deal With Mass. On Background Checks

    The ride-hailing companies Uber and Lyft have entered into agreements with Massachusetts to immediately implement what state officials called the most stringent driver background check systems for the companies of any state in the U.S., Massachusetts officials announced Monday.

  • November 28, 2016

    Philly Limo Drivers Defend OT Allegations Against Uber

    Philadelphia-based Uber limo drivers accusing Uber Technologies Inc. of violating the Fair Labor Standards Act urged a federal judge Monday not to grant the ride-hailing company's request to dismiss several of their overtime claims, pointing to Third Circuit precedent.

  • November 28, 2016

    Ohio Law Firm’s Layoff Wasn't Biased, 6th Circ. Affirms

    An Ohio law firm’s defeat of a former employee’s lawsuit alleging she was fired for taking a medical leave was affirmed by the Sixth Circuit Monday, which ruled that there was evidence the firing was part of a legitimate firm-wide round of layoffs.

  • November 28, 2016

    Justices Reject Former Delta Air Lines Worker’s Race Suit

    The U.S. Supreme Court on Monday refused to take a look at claims by a former Delta Air Lines employee that the company fired him over his race and national origin and that an underlying dismissal of his arguments was improper and based on faulty evidence.

  • November 28, 2016

    GCs Say This Firm Is The Most Arrogant

    One law firm has been pegged as arrogant by more corporate counsel than any other in BigLaw this year, and it's not the first time the firm has been singled out for an apparent lack of modesty, according to the results of a survey released Monday.

  • November 23, 2016

    Biz Group Loses Stay Bid In DOL Fiduciary Rule Challenge

    A D.C. federal judge on Wednesday denied a renewed request by a financial services industry group to block the U.S. Department of Labor’s rule expanding the definition of a fiduciary for retirement account investment advisers, saying the court had already determined the DOL's interpretation was reasonable.

Expert Analysis

  • Merging Law Firms: Why Hogan Lovells Has Worked

    J. Warren Gorrell Jr.

    As shown by the impending merger between Arnold & Porter LLP and Kaye Scholer LLP, consolidation in the legal industry remains a popular strategy among firms looking to boost revenue and acquire new clients. J. Warren Gorrell Jr., a key architect of the 2010 merger that created Hogan Lovells, reflects on his own experience and why mergers of equals are particularly difficult.

  • Data Analytics: How Parties Are Using Tools Beyond TAR

    Andrea D'Ambra

    When we talk about analytics in the e-discovery world, we tend to focus on technology-assisted review, predictive coding, concept clustering and general review-centric technologies. But it is important not to forget that there are other uses for analytics that can help parties prove their claims or defenses, say Andrea D’Ambra and Sam Sessler of Norton Rose Fulbright US LLP and Charlie Platt of iDiscovery Solutions Inc.

  • NYC Cos. Should Prepare For Independent Contractor Bill

    Cindy Schmitt Minniti

    The New York City Council recently passed a first-of-its-kind bill requiring written agreements between certain independent contractors and the entities that engage them. The act imposes substantial penalties on businesses that fail to comply, representing a major sea change with respect to independent contractors, say Cindy Schmitt Minniti and Mark Goldstein of Reed Smith LLP.

  • Trump’s Impact On Independent Contractor Misclassification

    Richard J. Reibstein

    While it’s likely that the U.S. Department of Labor may dial down its independent contractor misclassification enforcement efforts when a Republican administration takes over the White House and appoints a new secretary of labor, there is no reason to expect that state labor departments will be any less aggressive in their efforts to crack down on this issue, says Richard Reibstein of Pepper Hamilton LLP.

  • Marijuana Tipping Point: California And Florida Lead The Way

    Robbins, Jonathan.JPG

    Last week's election will be viewed as a turning point in the emergence of new economies centered around marijuana. Ballot initiatives around the country resulted in important changes in eight states — with four legalizing adult recreational use of marijuana and another four legalizing medicinal use. Two of the most notable developments are in California and Florida, say Jonathan Robbins and Joshua Mandell of Akerman LLP.

  • Employment Law Possibilities Under President Trump

    Michael H. LeRoy

    President-Elect Donald Trump offered little specifics about employment law policies on the campaign trail, but he painted enough broad brush strokes to offer some possibilities. He also energized whites, a demographic group not emphasized since George Wallace’s failed candidacy. That reality points all of us in a starkly new direction for employment law, says Michael LeRoy, a professor of law at the University of Illinois at Urbana-Champaign.

  • What New DOL Overtime Rules Mean For The Media Industry

    Cassidy Daniels

    The U.S. Department of Labor’s final rule on overtime could qualify many more journalists, photographers and other creative professionals for overtime pay under the Fair Labor Standards Act. However, there are many exemptions to these requirements, including one for an individual employed in a “creative professional” capacity, says Cassidy Daniels of Haynes and Boone LLP.

  • Cybersecurity And The FCA — Yes, It Is A Thing

    Warrington S. Parker

    The U.S. Department of Defense’s cybersecurity rules make no mention of the False Claims Act, but the Sixth Circuit's decision in Kettering Health may give guidance as to how an FCA claim will play out in the context of the DOD rules, say Warrington Parker and Tom McConville of Orrick Herrington & Sutcliffe LLP.

  • Are Negligent Supervision Claims 'Occurrences'?

    David A. Shaneyfelt

    The Ninth Circuit will soon answer the question of whether or not the negligent hiring, retention and supervision of employees count as "occurences" for insurance purposes. This decision may do away with the strange distinction between "potential for injury" and "the cause of the injury," says David Shaneyfelt of The Alvarez Firm.

  • Candid Advice From The Bench: Judges Are People Too

    Alison Wong

    While it’s true that judges are more capable than juries of rendering decisions based on a subtler understanding of the law, trial lawyers shouldn’t assume that judges are immune to the unfolding drama and underlying context of the case. In fact, the most important lesson we’ve learned from interviewing retired judges is that they process information the same way jurors do, says Alison Wong of Salmons Consulting.