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Employment

  • May 23, 2019

    Illinois Workers Fight Bid To Ax Biometrics Suit

    A proposed class of workers asked an Illinois federal judge to reject a software company’s bid to dismiss a suit alleging the firm violated the state’s biometric privacy law by failing to ask for employees’ consent to use their fingerprints as part of a timekeeping system.

  • May 23, 2019

    NY Appeals Panel Puts Farm Worker Union Ban To Pasture

    A split New York state appeals panel extended labor organizing rights to farm workers on Thursday, saying their exclusion from the 1937 state law empowering workers to form unions violates the state constitution.

  • May 23, 2019

    Vague Math Sends Estee Lauder Wage Suit To State Court

    A California federal judge kicked back to state court a proposed class action accusing Estee Lauder of stiffing workers by making them work off the clock, taking issue with the company's calculation that there is $70 million at stake in the case.

  • May 23, 2019

    Ex-NFL Player Wants Cash Advance Contract Tossed

    Former NFL player Toby Wright asked a Pennsylvania federal judge on Thursday to toss his agreement with Thrivest Specialty Funding LLC, arguing that both the judge and the Third Circuit had said such agreements assigning part of NFL players' concussion-related settlements to third-party funders were void.

  • May 23, 2019

    BioChemics Can't Revive SEC Probe Coverage Bid At 1st Circ.

    The First Circuit affirmed a district court ruling Thursday that Axis Insurance Co. had no duty to cover BioChemics' costs to defend against an investigation and enforcement action by the U.S. Securities and Exchange Commission, saying the grounds for an insurance claim kicked in before BioChemics was covered.

  • May 23, 2019

    NJ Software Co. Must Face Ex-CEO's Whistleblower Claims

    A New Jersey federal judge on Thursday ruled that a medical software company must face a former chief executive officer's claims that he was fired for raising concerns about unlawful workplace activity, reasoning it was still unclear if the ex-chief was terminated or voluntarily resigned.

  • May 23, 2019

    Lack Of Evidence Dooms Asbestos Death Suit, Judge Rules

    A Washington federal judge has tossed a widow's claims against several companies over her husband's death from mesothelioma, finding that she's presented no evidence linking those products to her husband's illness.

  • May 23, 2019

    Woman Says Railroad's Favoritism Of Men Forced Her To Quit

    A woman who worked for the Illinois Central Railroad Co. for 17 years has filed a lawsuit in state court claiming the railroad's male-dominated culture allowed less-qualified men to fill numerous positions she wanted and caused her to quit.

  • May 23, 2019

    Electrolux Didn't Fire Worker Over Union Views, NLRB Says

    The National Labor Relations Board has ruled that Electrolux Home Products didn't use a worker's insubordination as a smokescreen for firing her over her pro-union efforts, saying her boss' request that she "shut up" during an anti-union meeting hardly shows union animus.

  • May 23, 2019

    Horse Racing Co. Must Pay $1.6M For Labor, H-2B Violations

    A New York thoroughbred horse racing trainer must part with over $1.6 million, after the U.S. Department of Labor discovered that his company had underpaid 150 of its employees, including its migrant workers, in violation of federal labor laws and the H-2B visa program regulations, the DOL said Wednesday.

  • May 23, 2019

    House Dem Says DOJ Antitrust 'Prioritizing Side Projects'

    The head of the House of Representative's antitrust subcommittee has excoriated the chief of the Department of Justice's Antitrust Division for the DOJ's recently stepped-up amicus program, accusing it of aiding monopolists through court interventions rather than fighting them by bringing enforcement cases.

  • May 23, 2019

    EEOC Brochure On LGBT Rights Justifies Suit: Church Group

    An Equal Employment Opportunity Commission brochure saying Title VII protects gay and transgender workers did enough harm to employers to warrant a lawsuit challenging the agency's take on the federal anti-bias statute, a Texas-based church group said. 

  • May 23, 2019

    Calif. Closer To Allowing NCAA Athlete Name, Image Pay

    The NCAA may be forced to deal with players earning money from their names, images and likenesses whether it wants to or not, after a California bill to allow players to sign sponsorships and endorsements cleared a key legislative hurdle this week.

  • May 23, 2019

    Ill. Justices Toss Whistleblower Claim Over College's Hiring

    A Chicago-area community college medical program director can’t bring a claim against the school's board under a state whistleblower law because he didn’t show how the school's conduct was illegal, the Illinois Supreme Court held Thursday.

  • May 23, 2019

    Split NLRB OKs Anheuser-Busch Bid To Arbitrate Race Claim

    The National Labor Relations Board has ruled 2-1 that Anheuser-Busch LLC can try to force a Teamster-represented former worker's race discrimination claim into arbitration, even though the company's arbitration agreement doesn't cover union members.

  • May 23, 2019

    Nurse Asks Justices To Hear Nixed Bias, Whistleblower Fight

    A former Johns Hopkins University nurse who claimed the school forced her out of her job has asked the U.S. Supreme Court to review a Fourth Circuit decision that signed off on sanctions ending a series of whistleblower and bias suits she launched.

  • May 22, 2019

    NLRB Targets Grad Student Unions In New Reg Agenda

    The National Labor Relations Board is planning to unveil regulations that clarify whether graduate student assistants at private universities can unionize and the U.S. Department of Labor will seek public feedback on a potential update to rules governing the Family and Medical Leave Act, according to a regulatory road map the federal government released Wednesday.

  • May 22, 2019

    Ex-Student Sues U. Of Miami, Prof Over Sexual Harassment

    The University of Miami acted with "deliberate indifference" when it failed to address a professor’s harassment of a former business school student who was dismissed after he campaigned to have her removed, according to a lawsuit filed Wednesday in a Florida federal court.

  • May 22, 2019

    Boston Police Officers Seek Class Cert. In Test Bias Suit

    A group of more than two dozen Boston police officers are seeking class certification for the remedy stage of a case in which a Massachusetts federal judge ruled that a test for cops seeking a promotion violated anti-discrimination laws.

  • May 22, 2019

    Union Launches New VW Election Push After NLRB Loss

    The United Auto Workers asked the National Labor Relations Board again Wednesday to let workers at Volkswagen’s Tennessee plant vote to organize, hours after a split NLRB panel rejected an election petition the union filed last month.  

  • May 22, 2019

    4th Circ. OKs Time Warner Worker's Jury Win In Age Bias Suit

    A Fourth Circuit majority on Wednesday affirmed a fired Time Warner Cable worker's $335,000 jury win over the "croaks" from a dissenting member, saying the worker offered enough evidence that the company used her fudging a date on a form as an excuse for firing her because of her age.

  • May 22, 2019

    Ga. Court Revives Doc-Turned-Atty's Suit Against Ex-Firm

    A Georgia appeals court on Wednesday revived a suit accusing a personal injury law firm of failing to properly compensate an associate, who was also a former medical doctor, for the work he did on three settled cases, saying it should be up to a jury to decide whether he deserves the money.

  • May 22, 2019

    Judge Confirms DOD Must Provide Docs In HIV Policy Dispute

    A Virginia federal judge on Wednesday largely affirmed a magistrate’s order requiring the U.S. Department of Defense to cough up hundreds of allegedly privileged documents as part of a challenge to its HIV policy, but allowed the Pentagon to hold back certain draft documents.

  • May 22, 2019

    Lands' End Uniforms Make Delta Workers Sick, Suit Says

    Delta Air Lines Inc. employees on Wednesday hit Lands' End with a proposed class action in New York federal court, alleging that its "Passport Plum" uniforms have caused some flight attendants to fall ill and others to lose their hair. 

  • May 22, 2019

    NLRB Says Guard's Heated Chat Cost Her Labor Law Defense

    The National Labor Relations Board has agreed with an administrative law judge's finding that an Entergy Nuclear Operations Inc. security guard wasn't wrongly disciplined when she was given a verbal warning after a heated conversation with a co-worker about the removal of a water cooler.

Expert Analysis

  • Challenges To Trump's '2 For 1' Order Face Difficult Road

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    Shortly after President Donald Trump took office, he issued an executive order directing agencies to eliminate two existing regulations for every new regulation adopted. Multiple lawsuits challenging this order are ongoing, but federal courts are poorly equipped to adjudicate claims that involve an agency’s failure to regulate, says Steven Gordon of Holland & Knight.

  • Keys To Communicating A Law Firm's Mission

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    Today’s law firm leaders are pretty good at developing a strategic vision for the enterprise, but there is often a disconnect between that road map and the marketing department’s rank and file, leading to a deliverable that does little to differentiate the firm, says José Cunningham, a legal industry consultant.

  • Trade Secret Protection Is Getting Stronger In China

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    While some U.S. parties have historically hesitated to pursue trade secret misappropriation remedies in China due to concerns about low potential recoveries, bias in the local judiciaries or the lack of discovery, recent developments change the field of play significantly in these areas, say attorneys with Covington.

  • Arbitration Pacts In Franchising: One Size Doesn't Fit All

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    Many franchise companies have started to shift away from making arbitration the default and preferred method for dispute resolution. But considering whether to require binding arbitration of franchise disputes can be a million-dollar question, says Doug Knox of Spencer Fane.

  • Opinion

    How Lawyers Can Help Save The Planet

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    Over a dozen major law firms have joined our effort to overcome the legal obstacles that states, cities and businesses face in fighting climate change. But more lawyers are needed, say Michael Gerrard of Columbia Law School and John Dernbach of Widener University Commonwealth Law School.

  • Amendments Would Add Clarity To Texas Anti-SLAPP Law

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    If signed into law by the Texas governor, recent amendments to the Texas Citizens Participation Act will offer solutions to resolve the impact the anti-SLAPP law has had on unfair competition lawsuits in the state. The changes include several notes of interest for Texas practitioners, says Matthew Simmons of Littler Mendelson.

  • What 9th Circ.'s Take On Dynamex Means For Calif. Employers

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    In Vazquez v. Jan-Pro, the Ninth Circuit ruled that the California Supreme Court’s Dynamex decision should be applied retroactively, reminding employers of the hurdles presented by Dynamex’s so-called ABC test for worker classification, and of the potential exposure for employee misclassification, says Grant Alexander of Alston & Bird.

  • Inside The New FCA Cooperation Credit Guidelines

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    The recently issued U.S. Department of Justice cooperation credit guidelines provide False Claims Act litigators important information about factors the government considers before awarding cooperation credit or moving to intervene and dismiss a qui tam relator's suit, say attorneys at Cleary.

  • Q&A

    A Chat With Gilead Sciences Legal Ops Leader Gary Tully

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    In this monthly series, legal recruiting experts from Major Lindsey & Africa interview legal industry leaders about the increasingly competitive business environment. Here, Rod Osborne talks with Gary Tully, head of legal operations at Gilead Sciences.

  • How DOJ Compliance Guide Affects Employer Best Practices

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    April guidance from the U.S. Department of Justice on corporate compliance programs serves as a reminder of the value of coordination among a company’s human resources, legal and compliance functions, say Steven Pearlman and Pinchos Goldberg of Proskauer.

  • Claiming The 'Iron Throne' With A Noncompete?

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    While watching events unfold on the final season of "Game of Thrones," it occurred to me: Many of Daenerys Targaryen’s problems concerned with her claim to the Iron Throne might have been solved with an enforceable noncompete, says Emily Wajert of Kramer Levin.

  • Cybersecurity Enforcement Shouldn't Be Left To FCA Relators

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    The denial last week of a contractor's motion to dismiss a False Claims Act case in the Eastern District of California wrongly looks to whistleblowers for cybersecurity enforcement and may allow cybersecurity to become the qui tam bar’s next feeding ground, say Robert Metzger and Stephen Bacon at Rogers Joseph O'Donnell.

  • EEOC Data Rules Pose 2 Equal Pay Study Challenges

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    New reporting requirements will provide the U.S. Equal Employment Opportunity Commission with additional data to evaluate employers’ pay practices, but the type of data to be collected and the statistical tests the EEOC proposes may result in several issues for employers, says Audrius Girnius at Advanced Analytical Consulting Group.

  • Opinion

    Calif. Fair Pay Law Is Unfair To Startup Founders

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    It's time for legislatures and courts to recognize the unfair burden the California Fair Day’s Pay Act has placed on company leaders — like founders of California startups — by holding them liable for failure to pay wages, say David Siegel and Mital Mikada of Grellas Shah.

  • Series

    Why I Became A Lawyer: Completing The Journey Home

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    My mother's connection to her Native American heritage had a major influence on my career — my decision to enter the legal profession was driven by the desire to return to my tribal community and help it in any way I could, says Jason Hauter of Akin Gump.