Employment

  • May 6, 2016

    Ex-Wrestler Says WWE Can't Stop Concussion Suit Appeal

    Former wrestler William Albert Haynes III told the Second Circuit on Friday that he has a right to appeal a district court decision tossing his concussion suit against World Wrestling Entertainment Inc., citing a U.S. Supreme Court decision that consolidated cases can "retain their separate identities." 

  • May 6, 2016

    NY Judge Greenlights $2.3M AXA Advisors Wage Deal

    A New York federal magistrate judge signed off Friday on a $2.3 million deal resolving class and collective action claims that insurance and investment broker AXA Advisors LLC failed to pay minimum wage or overtime to prospective associates.

  • May 6, 2016

    Uber Cases Could Spur New Employee Classification

    Uber recently inked a $100 million settlement with drivers in two states who claimed they were miscategorized as independent contractors in cases that experts say highlight how the on-demand economy has outgrown the current binary classification system and may prompt lawmakers to devise a new hybrid category.

  • May 6, 2016

    Macy's Rejects NLRB's Bid To Cite 4th Circ. Union Ruling

    Macy’s urged the Fifth Circuit Friday to ignore the National Labor Relations Board's attempt to cite a recent Fourth Circuit union-case ruling in the retailer's dispute involving cosmetics and fragrance employees who wish to create a separate bargaining unit at a Massachusetts store.

  • May 6, 2016

    Seward & Kissel's Advice Got Financier In Hot Water, Suit Says

    Seward & Kissel LLP was smacked Thursday with a $12 million malpractice suit by Gray Financial Group Inc. alleging the law firm’s “negligent role” in advising Gray's funds sale to a state pension left the investment consultant vulnerable to federal investigations.

  • May 6, 2016

    BofA, Merrill Lynch Win Judge's OK Of $14M Deal In OT Suits

    A New York federal judge on Friday approved a deal in which Bank of America Corp. and subsidiary Merrill Lynch will pay $14 million to settle two wage-and-hour collective actions accusing them of stiffing financial adviser trainees on overtime pay.

  • May 6, 2016

    More Uber Drivers Object To $100M Settlement

    The list of objections to Uber Technologies Inc.’s $100 million settlement of a pair of high-profile driver class actions continues to grow in California federal court as more people speak out against the deal, including two drivers who on Thursday called the payout “insultingly low.”

  • May 6, 2016

    Hilton Hit With ERISA Class Action Over Retirement Benefits

    A proposed class of current and former employees filed suit against Hilton's retirement plan in D.C. federal court Friday, alleging it violated the Employee Retirement Income Security Act by denying vested benefits on grounds that were disallowed by a prior lawsuit.

  • May 6, 2016

    EEOC Says Murphy Oil Fired Employee Because Of Disability

    The operator of gas stations commonly found in Wal-Mart parking lots was slapped with a disability discrimination suit in Texas federal court Thursday by the Equal Employment Opportunity Commission, after the agency said Murphy Oil had fired an employee because of his back condition rather than accommodate him.

  • May 6, 2016

    Coach To Pay $1.75M To Settle Workers' Security Check Suit

    Coach Inc. agreed to pay $1.75 million to settle a putative class action involving California sales associates who allege the retailer didn't compensate them for the time they spent getting their bags checked before breaks and after shifts.

  • May 6, 2016

    Plastics Co. Can't Exit EEOC Suit Over English Proficiency

    A judge refused Thursday to shut down the Equal Employment Opportunity Commission's bias lawsuit against Wisconsin Plastics Inc., saying the company hadn't shown its policy of favoring English speakers was a legitimate reason to fire almost two dozen workers in 2012.

  • May 6, 2016

    NYC Officials Sued For Axing Benefits To Cover Parental Leave

    A group of New York City manager-level employees filed suit against Mayor Bill de Blasio and other city officials Friday, challenging the decision to eliminate a pay raise and two days of annual leave for senior managers in order to cover a new paid parental leave program.

  • May 6, 2016

    NJ Biz Took IRS To Cleaners On Payroll Taxes, Feds Say

    The owners of a southern New Jersey dry cleaning business have admitted they evaded more than $97,000 in payroll taxes on cash wages paid to employees who weren’t authorized to work in the United States, U.S. Attorney Paul J. Fishman said Friday.

  • May 6, 2016

    Tech Company To Pay $140K For Transgender Discrimination

    A technology company that removed a transgender employee from her job in Minnesota on Thursday agreed to pay $140,000 to resolve a gender discrimination complaint lodged by the U.S. Equal Employment Opportunity Commission.

  • May 6, 2016

    NYC Issues Guidelines On Protections For Pregnant Workers

    New York City’s Commission on Human Rights said Friday it has issued guidance to help pregnant employees better understand their rights in the workplace and outline how employers must reasonably accommodate pregnant workers or new mothers.

  • May 6, 2016

    Evidence Destroyed In NJ Hospital Exec's Death, Suit Says

    A New Jersey cop has alleged in a state court lawsuit that evidence was destroyed in the so-called murder-suicide of a prominent hospital executive and his wife, a case that’s drawn scrutiny for how it was handled and preceded the ouster of a county prosecutor.

  • May 6, 2016

    White House Says 'Unfair' Noncompetes Can Hurt Workers

    The Obama administration released a report Thursday on "unfair" noncompete agreements that some workers are forced to sign to keep their jobs, saying evidence shows that such agreements can result in lower job mobility, worker bargaining power and entrepreneurship.

  • May 6, 2016

    Outback Assistant Managers Seek OT In FLSA Class Action

    Two former Outback Steakhouse assistant managers hit the casual dining chain with a Fair Labor Standards Act class action Wednesday in Florida federal court alleging the company unfairly denies such workers overtime pay even though they perform similar duties to non-overtime-exempt employees.

  • May 5, 2016

    Sumner Redstone Gave $150M To 2 Companions, Docs Show

    On the eve of a trial to determine the competency of 92-year-old Sumner Redstone, court filings Thursday revealed the former CBS and Viacom chairman provided about $150 million to his former caretaker and an ex-girlfriend in the years before angrily booting both women out of his life.

  • May 5, 2016

    NFL Retirement Plan Disputes Interest On Ex-Player's Benefits

    The NFL’s player retirement plan administrator on Thursday objected to the amount of interest requested on benefits a Maryland federal court ordered the plan to award a former linebacker after determining the symptoms of his brain injuries prevented him from working as a teacher after his playing career ended.

Expert Analysis

  • Trade Secret Bill Resolves 'Inevitable Disclosure' Controversy

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    The Defend Trade Secrets Act requires that there be evidence of threatened misappropriation to justify an injunction putting limits on what an ex-employee can do. Although some might see this as reinforcing some states’ rejection of the “inevitable disclosure doctrine,” its practical effect instead should be to reframe the discussion toward the kind of evidence necessary to prove a threat, says James Pooley, who testified before th... (continued)

  • Curbing Whistleblower Risks Amid Increasing SEC Efforts

    Luke T. Cadigan

    Given the U.S. Securities and Exchange Commission’s increasing efforts to encourage whistleblower tips, what should a company do to reduce the risks that it ends up as the focus of an SEC investigation? Attorneys with K&L Gates LLP offer four recommendations.

  • Contractors Must Address Expanding Human Trafficking Laws

    Dave Nadler

    The House's Trafficking Prevention in Foreign Affairs Contracting Act comes on top of already existing strict requirements and penalties. With the expansion of human trafficking laws to nearly all aspects of government contracting and the serious consequences of noncompliance, the risk profile has grown exponentially, say Dave Nadler and David Yang of Blank Rome LLP.

  • Steps For Avoiding Unexpected Joint Employment Liability

    Jang Hyuk Im

    Employers' decisions to use contracting services to support their operational needs have generated a ripple effect of substantial adverse publicity along with both public and private litigation. As government agencies pay closer attention to the legalities of these arrangements in the immigration arena, employers should manage these contracted service relationships carefully, says Jang Hyuk Im, a member at Epstein Becker & Green PC.

  • Justice Scalia’s Business Law Legacy

    Kevin M. LaCroix

    Justice Antonin Scalia will undoubtedly be most remembered for his opinions and dissents on constitutional cases, but his legacy extends into many other areas of the law, and his decisions on the extraterritorial application of U.S. laws and in three significant class action cases have had, and will continue to have, an enormous impact on corporate law, says Kevin LaCroix at RT ProExec.

  • Battling Revenue Doom And Gloom With Litigation Finance

    Travis Lenkner

    If you believe industry prognosticators, 2016 will be a slow year for litigation departments. But amid the doom and gloom, forward-thinking litigators at AmLaw 100 firms and boutiques are bucking the downward trend by adopting litigation finance tools, says Travis Lenkner, managing director of Gerchen Keller Capital LLC and former senior counsel at The Boeing Company.

  • State Law Issues In Severability Of Arbitration Agreements

    Gordon Renneisen

    Although MHN Government Services Inc. v. Zaborowski has apparently been settled, the state law questions at issue in the case are likely to arise again. Therefore, now is a good time to correct the erroneous suggestion that California applies a separate rule of severability to arbitration agreements and to consider the interplay between California’s doctrines of severability and unconscionability, says Gordon Renneisen of Cornerstone Law Group.

  • Additional Thoughts On Class Plaintiff 'Pick-Offs'

    Fred T. Isquith

    There are those who have suggested that the U.S. Supreme Court in Campbell-Ewald v. Gomez left plenty of room for a defendant to “pick off” a plaintiff. Not so, according to Eastern District of New York Judge Sandra Feuerstein's decision in Brady v. Basic Research, says Fred Isquith of Wolf Haldenstein Adler Freeman & Herz LLP.

  • Declawing The Cat’s Paw Doctrine In Discrimination Cases

    Joanne Alnajjar Buser

    Since the U.S. Supreme Court's decision in Staub v. Proctor Hospital, which endorsed the cat’s paw doctrine in employment discrimination cases, several important questions have developed. Joanne Alnajjar Buser of Paul Plevin Sullivan & Connaughton LLP examines these issues and explains how employers can avoid getting tangled in a cat’s cradle.

  • Amended Rule 26’s Proportionality Standard: The First 60 Days

    Gregory Brown

    While the removal of the familiar “reasonably calculated to lead to the discovery of admissible evidence” standard suggests a departure from prior practice, the first opinions from the federal courts implementing amended Federal Rule of Civil Procedure 26(b)(1) suggest otherwise, says Gregory Brown of Kaufman Dolowich & Voluck LLP.