Employment

  • October 19, 2017

    Home Depot Dodges Background Check Suit, Spokeo Cited

    Home Depot on Thursday eluded a proposed class action accusing the retailer of wrongfully obtaining job applicants’ personal information through improper background checks, as a California federal judge found the applicants failed to demonstrate actual harm as required under the U.S. Supreme Court's Spokeo decision.

  • October 19, 2017

    Jackson Lewis Picks Up Ex-Ogletree Deakins Employment Atty

    Jackson Lewis PC has hired a former Ogletree Deakins Nash Smoak & Stewart PC attorney who has represented a range of health care, consumer electronics and telecommunications companies in employment disputes, the firm announced.

  • October 19, 2017

    Ex-Worker Hit With $170K Sanction For Having Co.'s Docs

    A former chief compliance officer at an Alaska Native corporation who allegedly copied privileged documents to use in a False Claims Act suit accusing the company of exploiting a Small Business Administration contracting program was ordered Wednesday to pay nearly $170,000 of the company's attorneys' fees.

  • October 18, 2017

    Boxer's Brain Injury Suit Has Claims Against Docs Trimmed

    A New York appellate panel on Wednesday trimmed claims in a suit accusing ringside doctors of being responsible for boxer Magomed Abdusalamov’s catastrophic brain injury following a 2013 fight at Madison Square Garden, saying a lack of informed consent claim was improperly alleged.

  • October 18, 2017

    Eatery Claims JPMorgan Failed To Prevent Account Thefts

    JPMorgan Chase Bank NA recklessly allowed a restaurant's employee to make hundreds of thousands of dollars in unauthorized withdrawals from the Manhattan eatery’s checking account, according to a suit alleging more than $1.3 million in damages that landed in New York federal court Tuesday.

  • October 18, 2017

    OCAHO Tosses Most Of Nat'l Origin Suit By Rail Employee

    The Office of the Chief Administrative Hearing Officer has tossed the bulk of a national origin discrimination case filed by a Cameroon-born rail employee against the Washington Metropolitan Area Transit Authority, finding most of the claims either fall outside its jurisdiction or were filed too late.

  • October 18, 2017

    Arch Coal Tells DC Circ. Black Lung Bulletin Is Reviewable

    Arch Coal Inc. has told the D.C. Circuit that the U.S. Department of Labor’s bulletin that advised on who should be liable for certain coal miner black lung claims can be reviewed by the federal courts and not the agency itself, saying that a lower court had gotten the matter backwards.

  • October 18, 2017

    Race Bias Treaty Doesn't Preempt Title VII, 9th Circ. Says

    The Ninth Circuit ruled Wednesday that a trial court was right not to apply an international treaty that seeks to curb racial bias to a handful of cases in which employees of an Army hospital in Hawaii claimed they were discriminated against based on their races under Title VII, letting stand the dismissal of the workers' claims.

  • October 18, 2017

    4 Tips For Flu Shot Programs That Won't Get You Sued

    Health care employers and certain other businesses are increasingly requiring employees to get flu shots as a condition of employment, but these programs can invite suits from workers or the U.S. Equal Employment Opportunity Commission if implemented poorly. Here, attorneys share tips for how to protect patients and patrons while limiting legal risks.

  • October 18, 2017

    Bikram Yogi Faces $3.6M Damages Bid In Pregnancy Bias Suit

    Disgraced yogi Bikram Choudhury could get slapped with a $3.6 million default judgment in a wrongful termination suit from an ex-employee, who says she was fired for getting pregnant, after a California judge on Wednesday requested more information to back up the request.

  • October 18, 2017

    Ex-Tesla Workers Say Racial Slurs, Discrimination Rampant

    Three African-American former Tesla workers say they were consistently the target of racial slurs and faced discrimination at a California factory, according to a suit recently filed in state court.

  • October 18, 2017

    NFL Star's Daughter Refiles CTE Suit, Names Helmet Maker

    Aaron Hernandez’s daughter has filed a new lawsuit seeking to hold the NFL accountable in Massachusetts state court for the late star football player’s development of a severe case of the brain disease called chronic traumatic encephalopathy, this time roping in helmet maker Riddell Inc.

  • October 18, 2017

    Nursing Home Workers Claim Fingerprint Scans Violate Law

    A nursing home was hit with a putative class action in Illinois circuit court on Tuesday by employees who say that compulsory daily biometric scans violate their privacy rights under state law.

  • October 18, 2017

    Judge Can't Dodge Training Ban During Probe, NJ Argues

    New Jersey's judicial administrator on Tuesday urged a federal judge to deny a state judge's request to attend a professional training program next month, arguing that he's barred from work duties while judiciary officials probe misconduct allegations against him.

  • October 18, 2017

    NYC Driver Says Lyft Unlawfully Deducted Workers' Comp Fee

    A New York City Lyft driver Wednesday filed a putative class action in state court accusing the company of illegally deducting a workers' compensation fee from his and other drivers’ pay.

  • October 18, 2017

    Wider Liability At Stake In Hepatitis Row, Pa. Justices Told

    The University of Pittsburgh Medical Center warned Pennsylvania’s highest court on Wednesday that employers could face broad new liabilities if it was allowed to be held accountable after a technician who was fired for stealing fentanyl syringes later spread hepatitis at another hospital where he worked.

  • October 18, 2017

    Ex-GM Worker Can't Sue Company Over Rape Conviction

    A former General Motors LLC employee can’t pursue claims against the company that its employees' allegedly false testimony contributed to his wrongful rape conviction, since New GM isn’t liable for alleged misconduct that occurred under Old GM, a New York bankruptcy judge said Wednesday.

  • October 18, 2017

    Chevron Worker Cops To Credit Card Plot To Embezzle $1.8M

    An ex-Chevron Phillips Chemical Co. employee pled guilty Tuesday in Texas federal court to one count of wire fraud in connection with a scheme in which she used company credit cards to cheat the company out of $1.8 million.

  • October 18, 2017

    Urban Outfitters Hit With Wave Of OT Claims After Decert.

    A Massachusetts Urban Outfitters Inc. department manager is the latest of at least eight individuals to bring separate suits against the company over claims that it shorts workers on overtime pay, after a New York federal judge decertified a collective action last month.

  • October 18, 2017

    EEOC Told To Try Again In Sex Bias Suit Against Freight Co.

    A federal judge told the U.S. Equal Employment Opportunity Commission on Wednesday that it must shore up its allegations that an Ohio-based shipping company violated federal law by refusing to hire women as dockworkers and loaders, giving the agency 14 days to amend its suit.

Expert Analysis

  • The Revolution Of Employer-Sponsored Health Insurance

    Eric Schillinger

    Last week President Donald Trump issued an executive order regarding the federal laws governing health care and insurance. The order itself does not change the existing rules, but it has the potential to fundamentally transform how employers provide employer-sponsored health insurance, says Eric Schillinger of Trucker Huss APC.

  • A Magical Surprise Hidden In 3rd Circ. Rest Break Opinion

    Ashley Falls

    Last week the Third Circuit delivered a win for employees with its decision in Secretary U.S. Department of Labor v. American Future Systems, which said the company's rest break policy violated the Fair Labor Standards Act. And, in a fun Friday-the-13th twist, the court managed to cite the "Harry Potter" books while authoring its opinion, says Ashley Falls of Falls Legal.

  • The Law Firm CFO’s Role In The Strategic Planning Process

    Tyler Quinn

    Today's law firm chief financial officer should be involved in many areas beyond traditional financial management, including operations, risk management and information technology. He or she can support strategic planning throughout the process, from development of the plan to its implementation, measurement and eventual evolution, say Tyler Quinn and Marc Feigelson of Kaufman Rossin PA.

  • 'Double-Breasted' Operations Face Criminal Risk

    Benjamin Wish

    The potential civil liability exposure for "double-breasting" — when union and nonunion companies share ownership, equipment, facilities or other features — has been well-established for some time. Now, in the wake of a recent case in the District of Massachusetts, the risk of criminal prosecution is apparent, says Benjamin Wish of Todd & Weld LLP.

  • Addressing Pay Equity In The US And Around The World

    Cynthia Jackson

    Even though the U.S. Equal Pay Act is over 50 years old, the U.S. census released in September still finds that women make 80.5 cents to the dollar that men make. Cynthia Jackson and Sarah Beeby of Dentons review recent legislation addressing pay inequity in the U.S. and globally, and discuss recommendations for employers confronting these developments.

  • 4th Circ. Weighs In On Recovering Overpaid Benefits

    Marianna Jasiukaitis

    The Fourth Circuit recently ruled in Retirement v. Brewer that overpayments of retirement benefits to defined benefit pension plan participants were recoverable. The case boiled down to whether an optional lump sum benefit was an unsubsidized lump sum based on a normal retirement annuity and not an early retirement annuity, says Marianna Jasiukaitis of Funk & Bolton PA.

  • Law Firms Must Transition To An Industry Sector Approach

    Heidi Gardner

    Clients are beginning to expect and demand that their external lawyers provide advice tailored to the client's industry. Aside from this, law firms should want to move toward a sector approach because industry-focused groups are a natural place for cross-practice collaboration to flourish, say Heidi Gardner and Anusia Gillespie of Harvard Law School.

  • A 6-Month Reflection On 'Buy American And Hire American'

    Jacob Cherry

    Reading the text of President Donald Trump’s “Buy American and Hire American" executive order, most commentators believed that the likelihood of immediate and substantive changes to the employment-based immigration system were minimal. However, as we cross the order’s six-month anniversary, the reality has been sharply different, says Jacob Cherry of Ogletree Deakins Nash Smoak & Stewart PC.

  • Mo. High Court Clears Up Right-To-Sue Letter Challenges

    Brian Peterson

    The Missouri Supreme Court's recent opinion in Tivol Plaza v. Missouri Commission on Human Rights clarifies when it is appropriate to challenge the issuance of a right-to-sue letter by the Missouri Commission on Human Rights. The decision is important because it eliminates some of the confusion caused by the court's previous ruling in Farrow v. St. Francis Medical Center, says Brian Peterson of Spencer Fane LLP.

  • Rule 30(b)(6) Deposition Strategies For Employers: Part 2

    Excerpt from Lexis Practice Advisor
    Marjorie McMahon Obod

    In the final part of this article, Marjorie McMahon Obod of Dilworth Paxson LLP addresses Federal Rule of Civil Procedure 30(b)(6) deposition tactics, such as preparing a designee, defending the deposition, and reviewing and finalizing the deposition transcript.