Employment

  • January 20, 2017

    Among Trump's First Orders Is One To Ease ACA Regulations

    President Donald Trump got to work on his first day in office, signing executive orders including one that aims to “ease the economic burdens” of the Affordable Care Act in advance of its promised repeal, according to reports on Friday.

  • January 20, 2017

    Costco Secures Workers' Class Decertification At 9th Circ.

    A class of workers in a long-running labor law violation case against Costco Wholesale Corp. was rightfully decertified because their circumstances around any allegedly unpaid work varied too much to be litigated together, a Ninth Circuit panel said on Friday.

  • January 20, 2017

    Calif. Court Affirms BofA Win, Reverses Fees In Bias Row

    A California appeals court affirmed on Friday a lower court’s decision giving Bank of America Corp. an early win in a consolidated class action alleging the bank terminated its debt collection employees based on their race, but reversed an order that awarded the bank $620,000 in attorneys' fees.

  • January 20, 2017

    Insurance Broker Execs Face Sanctions In Fight With Rival

    A Florida state judge has ordered several executives and employees of insurance broker AssuredPartners Inc. to explain why they should not be sanctioned for violating a temporary injunction entered against them in a case alleging they breached restrictions in their contracts with their former employer.

  • January 20, 2017

    Del. High Court Tosses Goldman Ex-Coder's Fee Demand

    An ex-Goldman Sachs Group Inc. vice president’s long fight for corporate officer legal fee rights flamed out again Friday with the Delaware Supreme Court's refusal to overturn an earlier rejection of claims that commercial bank VPs are due board-level benefits.

  • January 20, 2017

    Texas Justices To Hear Health Care Noncompete Row

    The Supreme Court of Texas on Friday agreed to hear oral arguments on whether a state appeals court improperly cut $4.2 million in awarded damages from Horizon Health Corp.’s successful employee poaching suit against a competitor and former executives who switched teams.

  • January 20, 2017

    Texas High Court Won't Hear Legal Recruiter's Fee Fight

    The Texas Supreme Court on Friday declined to hear a dispute between legal recruiter Debra Hren and Recruiting Partners GP over a fee-splitting agreement involving the placement of a former Baker Botts LLP partner, leaving in place a lower court's ruling that Hren had no individual right to sue.

  • January 20, 2017

    Jury Awards $370K To Texas DOT Employee In Bias Row

    A Texas federal jury on Wednesday awarded a former African-American employee of the state’s Department of Transportation about $370,000 for claims he was fired because of his race.

  • January 20, 2017

    NFLPA Wants Player's Drug Suspension Suit Moved To NY

    The NFL Players Association asked an Ohio federal court on Thursday to send to New York a case against it and the NFL by Philadelphia Eagles right tackle Lane Johnson alleging he was denied due process under the collective bargaining agreement in being subjected to a 10-game drug policy suspension.

  • January 20, 2017

    DOL Wants Judge To Toss Case Against Retaliation Rule

    The U.S. Department of Labor asked a Texas federal judge on Thursday to toss a case filed by numerous business groups challenging an anti-retaliation provision in the recently implemented injury and reporting rule by the Occupational Safety and Health Administration, saying the rule doesn’t hurt them.

  • January 20, 2017

    Texas High Court To Hear Fight Between Galveston Judges

    The Texas Supreme Court decided Friday to hear a dispute between a Galveston County judge and a Galveston County district court judge that has been framed as a separation-of-powers fight over the firing of a court administrator.

  • January 20, 2017

    Barnes & Thornburg Adds Employment Expert In Chicago

    Barnes & Thornburg LLP said it has bolstered its corporate department in Chicago by adding an attorney from Drinker Biddle & Reath LLP with expertise in employee benefits and executive compensation.

  • January 20, 2017

    United Flight Attendants Want Quick Change In Pay Reporting

    A class of United Airlines Inc. flight attendants asked a California federal judge on Thursday to quickly rule in their favor regarding claims that the airline violated state wage statement laws and instruct the company to update its practices.

  • January 20, 2017

    Cohen Milstein Pushes For Class Counsel Nod In ERISA Suit

    Two law firms on Thursday continued their push to be appointed co-lead counsel in a putative class action accusing New Jersey’s St. Joseph’s Healthcare System of ERISA violations, telling a federal judge that four other courts have deemed them worthy of the role in similar suits.

  • January 20, 2017

    EEOC, Ad Exec Press 2nd Circ. To Expand Sex Bias Standard

    The U.S. Equal Employment Opportunity Commission and a gay ad executive seeking to revive his bias suit each urged the Second Circuit Friday to reconsider its precedent that sexual orientation discrimination is not covered under Title VII, but the appellate panel signaled that it may first send the case back to the lower court to settle procedural issues.

  • January 20, 2017

    NY Judge Won’t Leave Insurance Row Over Proskauer Past

    A New York magistrate judge on Friday refused to remove herself from an employment case accusing First Unum Life Insurance of improperly terminating disability coverage and denied that she represented the insurer during her time as an attorney at Proskauer Rose.

  • January 20, 2017

    Calif. AG Says Actor-Age Law No 1st Amendment Threat

    A California privacy law aimed at keeping online entertainment industry employment services from listing film industry workers’ ages doesn’t violate IMDb.com Inc.’s free speech rights, in part because it’s a law about contracts, the state attorney general’s office argued Thursday.

  • January 20, 2017

    Judge Refuses Stipulated Stay In Uber Drivers Class Action

    A federal judge in New York on Friday refused to stay a class action suit by Uber drivers demanding to be classified as employees, saying that it would take too long for the Supreme Court to decide whether the National Labor Relations Act precludes enforcement of class action waivers in mandatory arbitration agreements.

  • January 20, 2017

    NHL Says Boston U. CTE Center Won't Hand Over Documents

    The National Hockey League says that the Boston University CTE Center is refusing to hand over documents and materials on its research into the causes of the degenerative brain condition, asking a Minnesota federal court to force the hand over of materials, including documents related to the posthumous diagnosis for one of the named plaintiffs in litigation alleging the league failed to warn players of the dangers of repeated head trauma in hockey.

  • January 20, 2017

    Trump Aims To Guard US Interests In Trade, Jobs

    Shortly after being sworn in Friday, President Donald J. Trump laid out a vision for his administration that he said would put “America first” through a regime of tax, international trade and immigration policy meant to increase job creation and protect U.S. interests.

Expert Analysis

  • Vessel Owners' Duties To Longshoremen Only Go So Far

    Hansford Wogan

    In Abston v. Jungerhaus Maritime Services, the Fifth Circuit recently held for a vessel owner against a longshoreman injured on the job during heavy rainfall. As the court noted, a vessel owner must exercise reasonable care to prevent injuries in areas under "active control of the vessel," but the owner often relinquishes control to contractors for loading or unloading, says Hansford Wogan of Jones Walker LLP.

  • How Litigation Funding Is Bringing Champerty Back To Life

    John H. Beisner

    While some courts have declined to apply the common-law doctrine of champerty to invalidate third-party litigation funding agreements, two recent rulings by appellate courts in New York and Pennsylvania have brought renewed attention to champerty principles, casting doubts on the legality of certain forms of third-party litigation funding, say John Beisner and Jordan Schwartz of Skadden Arps Slate Meagher & Flom LLP.

  • Clarifying EEOC’s Obligation For Presuit Conciliation

    Gerald Maatman Jr.

    In U.S. Equal Employment Opportunity Commission v. Bass Pro Outdoor World, a Texas federal court denied the EEOC’s motion for a ruling that would allow it to include discrimination claims in its lawsuit for individuals who had not yet applied to work for Bass Pro. The decision is a positive signal that at least some courts may be unwilling to allow to the EEOC to add claimants with whom it never conciliated, say attorneys at Seyfarth Shaw LLP.

  • 'Take-Home' Asbestos Means A Duty Of Care In California

    Nicole Harrison

    In two coordinated cases, the California Supreme Court recently ruled that employers using asbestos in the workplace have a duty of care to protect employees’ household members from exposure via workers' clothing or persons. This holding may encourage more asbestos lawsuits in California, but the court did offer some limitations of which defendants should be mindful, says Nicole Harrison of Manion Gaynor Manning LLP.

  • Limitation Act Of 1851 Still Relevant To Offshore Energy

    Andrew Stakelum

    From the Titanic to the Deepwater Horizon, an obscure federal law has been invoked after many maritime disasters to limit vessel owners' liability for losses stemming from conditions outside the owners' privity or knowledge. But in today's offshore energy industry, technology can place the owner and its management in the wheelhouse, on the cargo deck and on the rig floor, says Andrew Stakelum of King & Spalding LLP.

  • Attracting And Retaining The Millennial Lawyer

    Christopher Imperiale

    Instead of trying to change the new workforce to follow a law firm's existing processes and procedures, perhaps it's time for firms to start changing their processes and procedures to better accommodate the mentality of this next generation of lawyers, says Christopher Imperiale, a law firm adviser with Berdon LLP.

  • Obama's Pro-Union Impact On NLRB Won't Retire Quickly

    Adam C. Abrahms

    In recent years the National Labor Relations Board has extended its reach into employer operations with controversial decisions that have departed from long-standing precedent. However, while employers may hope the new administration might stop this expansion, with current board members and the general counsel still in office for some time, relief may be slow to come, say Adam Abrahms and Christina Rentz of Epstein Becker & Green PC.

  • Health Care Enforcement Review And 2017 Outlook: Part 4

     Brian P. Dunphy

    In this final installment of our review and outlook series, we analyze health care enforcement trends gathered from 2016 civil settlements and criminal resolutions of health care fraud and abuse cases. Behind the headlines covering enormous recoveries in 2016, several themes are apparent, say attorneys at Mintz Levin Cohn Ferris Glovsky and Popeo PC.

  • It’s Time To Change The Law Firm Business Model

    Lucia Chiocchio

    Every year, statistics reveal very little change in the number of women and minorities in the ranks of partnership. So how do law firms change this painfully slow rate of progress? It takes more than adding a diversity policy or a women’s leadership program to the current law firm business model, says Lucia Chiocchio, co-chair of Cuddy & Feder LLP's telecommunications and land use, zoning & development groups.

  • ADEA At 50: Trends And Predictions For An Aging Workforce

    Chloe J. Roberts

    Enacted on Dec. 15, 1967, the Age Discrimination in Employment Act is celebrating 50 years of protecting older workers, many with families and children requiring financial support, from unemployment and poverty. At this half-century milestone, we should take a moment to analyze the ADEA’s effect on the workforce, says Chloe Roberts of Roberts & Associates Law Firm.