Employment

  • November 21, 2017

    Philly Lawyers Denied Tax Board Back Pay In Appeal

    A Pennsylvania appeals court ruled Tuesday that three Philadelphia lawyers, including a former state Supreme Court justice, who served on the city’s Board of Revision of Taxes were not entitled to back pay after their salaries were reduced by an ordinance later declared unconstitutional.

  • November 21, 2017

    Wash. Judge Denies Feds Stay In Trans Military Ban Suit

    A Washington federal judge Monday denied the Trump administration’s request for a stay of proceedings in a suit challenging a policy that would ban transgender people from military service, saying the plaintiffs in the case are likely to suffer harm from aspects of the policy not covered by a D.C. federal judge’s injunction.

  • November 21, 2017

    BREAKING: Sedgwick To Shut Down After Deluge Of Partner Defections

    Sedgwick LLP told employees Monday morning that the firm would close at the end of December, a current firm employee confirmed to Law360 on Tuesday, capping off a year of defections and office closures that rocked the San Francisco-based firm.

  • November 20, 2017

    21st Century Fox Pens $90M Investor Deal Over Scandals

    Twenty-First Century Fox Inc. has reached a $90 million deal to settle derivative claims stemming from a series of workplace harassment incidents at Fox News, according to an agreement filed Monday in Delaware state court that also requires the media outlet to create a new advisory council on improving workplace culture.

  • November 20, 2017

    Uber Slams Waymo's Bid To Tell Jury Of Missing Evidence

    A jury shouldn’t hear allegations Uber destroyed evidence in Waymo LLC’s suit over allegedly stolen self-driving car trade secrets, Uber told a California federal judge Monday, saying Waymo’s request was untimely and didn’t meet the “stringent requirements” of proving Uber destroyed evidence knowing it would be sued.

  • November 20, 2017

    Justices Urged To Hear Gay Bias Case Even Without Employer

    A gay former hospital security guard who alleges she was fired because of her sexual orientation pushed the U.S. Supreme Court on Monday to decide whether Title VII of the Civil Rights Act bars discrimination against gays, saying her appeal is viable even if former employer Georgia Regional Hospital won’t fight it.

  • November 20, 2017

    No Evidence Of Racial Bias At Nuclear Co., 4th Circ. Says

    The Fourth Circuit on Monday affirmed a South Carolina federal court’s dismissal of a lawsuit accusing a company that manages nuclear waste of discriminating against a former manager there because of his race, finding that the employee was demoted because he refused to sign a personal development plan, not because he’s black.

  • November 20, 2017

    Jury Awards Trans Professor $1.16M In Oklahoma Bias Suit

    A federal jury in Oklahoma on Monday awarded $1.16 million to a former Southeastern Oklahoma State University professor who had alleged she was fired for being transgender, after it found there was enough evidence to show the university discriminated against her when it denied her tenure.

  • November 20, 2017

    Best Buy Can't Sell NJ Justices On Reviewing Age Bias Suit

    Best Buy Co. has lost its bid for the New Jersey Supreme Court to second-guess a state appellate panel decision reviving a former employee’s age discrimination lawsuit on the grounds that the fired worker never explicitly agreed to a policy that such disputes be arbitrated.

  • November 20, 2017

    Hernandez CTE Suit Should Stay In Mass., Court Hears

    Counsel for Aaron Hernandez’s daughter fired back at the NFL’s bid to pause her lawsuit that blames his violent behavior on late-stage chronic traumatic encephalopathy while it attempts to include the suit in ongoing multidistrict litigation, telling a Massachusetts federal court that the case is unrelated and should immediately continue in state court.

  • November 20, 2017

    Globus Says Ex-Engineer Took Trade Secrets To Stryker

    Globus Medical Inc. on Friday filed a lawsuit in New Jersey federal court alleging that a former project engineer defected for Stryker Corp. with the spinal implant maker’s trade secrets, in violation of a former employee’s noncompete and nondisclosure agreements.

  • November 20, 2017

    Menards Delivery Drivers Not Employees, NLRB Judge Says

    A National Labor Relations Board judge on Friday ruled that delivery drivers for Menards are not employees of the home improvement retailer, tossing claims the company violated federal labor law by classifying the drivers as independent contractors and maintaining mandatory arbitration policies.

  • November 20, 2017

    McDonald's Hit With Employee Discrimination Suit In Fla.

    McDonald’s Corp. on Monday removed to Florida federal court a proposed class action brought by a former employee who alleges the fast-food giant violated state civil rights law by allowing her to be discriminated against based on her national origin and disability.

  • November 20, 2017

    J&J Says Applicant Must Arbitrate Background Check Claims

    A Johnson & Johnson subsidiary urged a Pennsylvania federal judge Monday to order that a would-be employee must arbitrate claims that he unfairly lost his job offer due to a background check, noting she has already ordered the man to arbitrate his closely intertwined allegations against the staffing company that facilitated the hiring process.

  • November 20, 2017

    Uber Moves To Dump Pricing Model Wage Class Action

    Uber on Friday slammed a California driver’s assertion it stiffs drivers on wages with a pricing model that deceptively charges passengers a higher fare based on a longer route, but requires drivers to take the shortest route, insisting the suit lobs “convoluted” breach of contract and other claims.

  • November 20, 2017

    American Airlines Looks To Ditch Toxic Uniforms Suit

    American Airlines asked an Illinois federal court Friday to toss a proposed class action over a new batch of chemically treated uniforms that’s allegedly led to a “cascade of health problems” among flight attendants and pilots, saying the tort claims are clearly preempted by workers’ compensation laws.

  • November 20, 2017

    6th Circ. Says Rail Safety Law Can't Cover Non-Work Injuries

    Railroads do not need to accommodate doctors’ plans for treating workers’ non-work ailments, the Sixth Circuit said Monday, joining the Third Circuit in rejecting the U.S. Department of Labor’s claims that a retaliation provision of the Federal Railroad Safety Act blocks companies from firing workers for missing work due to non-work illnesses.

  • November 20, 2017

    'The Sopranos' Strip Club Suit Sent To Sleep With The Fishes

    A New Jersey federal judge on Friday tossed a putative wage-and-hour class action against the owners of the strip club where parts of the mobster TV series “The Sopranos” were filmed because the suing dancer stopped responding to her lawyers’ calls and emails. 

  • November 20, 2017

    Cumulus Says Former DJ's Race Bias Suit Premature

    Cumulus Media told a Texas federal judge on Friday that most of the claims brought by a former employee alleging he was wrongfully terminated because of his race must be dismissed because he failed to raise those claims with the EEOC before filing this lawsuit.

  • November 20, 2017

    Avis Reaches $2.7M Deal In FCRA Background Check Suit

    Car rental company Avis has agreed to pay about $2.7 million to resolve Fair Credit Reporting Act claims that it improperly acquired and used background checks to reject job applications, according to documents filed in New Jersey federal court on Friday.

Expert Analysis

  • Addressing H-1B Visa Concerns: Part 2

    Excerpt from Lexis Practice Advisor
    Elliott Lichtman

    In the final part of this series, Elliott Lichtman and Lilah Rosenblum of Lichtman & Rosenblum PLLC discuss, among other issues, H-1B visa concerns such as extensions and amendments, portability, and recent action by the Trump administration that will impact the H-1B visa.

  • Proving Ratification Of A Supervisor's Retaliatory Motive

    John Calhoun

    When are employers themselves legally liable for acting on a supervisor’s illegally motivated recommendations? Recently, the First Circuit, in Saunders v. Town of Hull, offered much-needed clarification about when a government entity runs afoul of the law in this way, says John Calhoun of Choate Hall & Stewart LLP.

  • Roundup

    Judging A Book

    Alexander Hamilton

    Are the latest books on the judicial system worth reading? Federal judges share their thoughts in this series of book reviews.

  • Don't Waste This Planning Cycle: Year-End Strategies

    Hugh A. Simons

    Law firms are businesses where partners operate with significant autonomy. To see their priorities translate into individual partner action, firm leaders should use a few collaborative strategies, suggests Hugh A. Simons, former senior partner of The Boston Consulting Group and former COO of Ropes & Gray LLP.

  • 4th Circ. Bypasses Review Standards In Top-Hat Plan Suit

    Marianna Jasiukaitis

    In Plotnick v. Computer Sciences, the Fourth Circuit recently addressed the circuit split over the standard of review applicable to plans providing benefits for highly paid executives, but ultimately found that distinguishing between competing standards of review was unnecessary, says Marianna Jasiukaitis of Funk & Bolton PA.

  • Addressing H-1B Visa Concerns: Part 1

    Excerpt from Lexis Practice Advisor
    Elliott Lichtman

    When the U.S. economy is strong, there is high demand for the scarce H-1B visa, but recent executive action by President Donald Trump may impact its future viability. Here, Elliott Lichtman and Lilah Rosenblum of Lichtman & Rosenblum PLLC offer guidance on various issues related to this frequently used professional worker visa.

  • Hidden Dangers Of The Fluctuating Workweek Method

    Jeffrey Cadle

    A recently approved multimillion-dollar settlement agreement in Acevedo v. BrightView Landscapes, a hybrid collective/class action covering 27 states, illustrates the limitations of fluctuating workweek plans, and potential pitfalls for employers who utilize this payment method, says Jeffrey Cadle of Obermayer Rebmann Maxwell & Hippel LLP.

  • From Snaps To Tweets: The Craft Of Social Media Discovery

    Matthew Hamilton

    Courts have consistently held that social media accounts are subject to established discovery principles but are reluctant to allow parties to rummage through private social media accounts. Recent case law confirms that narrowly tailored information requests get the best results, say Matthew Hamilton, Donna Fisher and Jessica Bae of Pepper Hamilton LLP.

  • 4 Takeaways From EEOC’s Recent Focus On ADA Lawsuits

    Mauro Ramirez

    The U.S. Equal Employment Opportunity Commission's activities this year indicate the agency's continued emphasis on vigorous enforcement of the Americans with Disabilities Act as a top priority. A review of the disability suits filed by the EEOC in 2017 provides insight into which of these ADA claims are significant enough for the EEOC to devote litigation resources, says Mauro Ramirez of Fisher Phillips.

  • Illinois Biometrics Privacy Suits Bring Insurance Questions

    Jonathan Schwartz

    In the past two years, we witnessed a wave of putative class actions filed under Illinois’ Biometric Information Privacy Act, with the rate of filings increasing exponentially in recent months. Insurers should take note of their potential coverage obligations under various policies, say Jonathan Schwartz and Colin Willmott of Goldberg Segalla LLP.