Employment

  • May 25, 2017

    Drivers Seek To Revive Suit After Uber Admits To Underpaying

    An Uber driver who saw his proposed wage-and-hour class action tossed asked a New York federal judge on Thursday to reconsider the dismissal of a breach of contract claim in light of Uber’s recent admission it was mistakenly underpaying New York City drivers, saying his claims were "100 percent on the mark." 

  • May 25, 2017

    O'Hare Janitors Lose Class Cert. In FLSA Suit

    After two years of enjoying conditional class certification in their Fair Labor Standards Act case, a group of custodians at Chicago's O'Hare Airport have had their class decertified by an Illinois federal judge, as the court found the group to be too disparate to be considered a class.

  • May 25, 2017

    Pa. Justices Uphold Restrictions On Ex-Gaming Board Attys

    The Pennsylvania Supreme Court refused Thursday to overturn an ethics law preventing Pennsylvania Gaming Control Board attorneys from seeking or taking jobs with gaming outfits for two years after leaving the board, ruling that the mandate didn’t interfere with the court’s jurisdiction over attorneys because the rule applied to all employees, not just lawyers.

  • May 25, 2017

    2nd Circ. Grants En Banc Rehearing On Gay Bias Precedent

    The Second Circuit will reconsider as a full body its precedent that Title VII does not cover sexual orientation discrimination, granting en banc review Thursday to the estate of a gay skydiving instructor whose bias suit the court declined to revive in April.

  • May 25, 2017

    Some State Claims Tossed From TGI Friday's Wage Suit

    A New York federal judge on Thursday dismissed New Jersey, Connecticut and Michigan state claims in a proposed wage-and-hour collective action against TGI Friday's, finding the statutes the workers sued under do not support their claims.

  • May 25, 2017

    UFC Says Fighters Already Have Text Messages They Seek

    The UFC on Wednesday hit back at a request by mixed martial arts fighters to turn over text messages from cellphones used by owner Dana White in their lawsuit accusing the organization of illegally dominating the sport, saying the fighters are asking for information they already have.

  • May 25, 2017

    How They Won It: AALRR Heads Off Public Contract Torts

    To convince California’s top court not to allow tort claims based on alleged violations of labor law in disputes between rival public contract bidders, Atkinson Andelson Loya Ruud & Romo attorneys had to lay out the broad-ranging impact the decision could have, potentially affecting effectively all future public works projects in the state.

  • May 25, 2017

    EEOC Sues Education Tech Biz Over Trans Worker's Firing

    The U.S. Equal Employment Opportunity Commission sued an educational technology company in California federal court Wednesday for allegedly firing a transgender worker for accusing the company of discriminatory practices.

  • May 25, 2017

    5th Circ. Upholds Tax Preparer’s IRS Obstruction Conviction

    A Fifth Circuit panel upheld a Texas tax preparer’s conviction for obstructing the work of the Internal Revenue Service on Wednesday, rejecting her “narrow interpretation” of the law at issue but slightly loosening an order that she begin paying restitution while behind bars.

  • May 25, 2017

    High Court Asked To Consider Scope Of ADEA Damages

    A nurse supervisor who claims she was illegally fired by Anderson Regional Medical Center because of her age has asked the U.S. Supreme Court to consider whether individuals who bring retaliation claims under the Age Discrimination in Employment Act can pursue compensatory damages for pain and suffering or punitive damages.

  • May 25, 2017

    Cleary Gottlieb Beats Ex-Atty's Amended Race Bias Suit

    Cleary Gottlieb Steen & Hamilton LLP beat a former project attorney’s suit alleging he was let go because of his race when a Washington, D.C., federal judge found Wednesday that he had failed to show he performed as well as or better than white colleagues kept on after work slowed down.

  • May 25, 2017

    Ex-Chevron Contractor Can't Use, Share Permian Basin Docs

    Chevron USA Inc. won a temporary restraining order in Texas federal court on Wednesday barring an ex-contractor from using or sharing information in more than 8,000 confidential and proprietary documents related to its Permian Basin investments that the oil and gas giant says he stole.

  • May 25, 2017

    Baker McKenzie Snags Ex-Seyfarth Employment Litigator

    Baker McKenzie has picked up an experienced employment lawyer from Seyfarth Shaw LLP who specializes in class action defense, to help grow Baker McKenzie’s footprint in North America.

  • May 25, 2017

    Proskauer Atty Says Court Needs To Protect Mediation Docs

    A Proskauer Rose LLP partner suing the firm for gender discrimination doubled-down on her request that mediation services firm JAMS Inc. be ordered to preserve notes from a session in which a firm representative allegedly made a retaliatory threat Wednesday, saying it’s not clear whether JAMS will keep its word to do so voluntarily.

  • May 25, 2017

    VA Contracting Rule Illegally Cuts Jobs For Blind, Suit Says

    A trio of nonprofits that work to secure employment opportunities for the blind filed a lawsuit Wednesday against the U.S. Department of Veterans Affairs in D.C. federal court over a new rule it says will prioritize veteran-owned businesses in procurement over businesses employing blind people.

  • May 25, 2017

    Chrysler Beats Ex-Worker's Bias, Retaliation Suit

    A Michigan federal judge granted Fiat Chrysler an early win on Wednesday in a former worker’s wrongful termination and discrimination suit alleging the automaker improperly fired him when he complained he couldn’t physically perform his job duties, finding that the worker’s own performance led to his termination.

  • May 25, 2017

    New Orleans School's Handbook Policies Illegal: NLRB Judge

    A National Labor Relations Board judge on Wednesday struck several handbook policies covering teachers at a New Orleans charter high school, finding that rules that require them to voice gripes to management rather than colleagues and bar them from using social media during breaks, among others, violate labor law.

  • May 25, 2017

    $27M Verdict In Co-Founder Dispute Invalid, 9th Circ. Hears

    A health company co-founder embroiled in a bitter dispute with his former partner has told a California federal appeals court that a $27 million jury verdict against him is illegitimate after a federal judge entertained state claims simultaneously being heard by a state judge.

  • May 25, 2017

    2nd Circ. Unhappy With Judge's Refusal To Open Trump Docs

    A Second Circuit panel looked uncomfortable Thursday with a Manhattan trial judge's refusal to unseal 1998 settlement papers from a labor class action, documents Time magazine says could shed light on whether President Donald Trump knew he used undocumented labor to build Trump Tower in 1980.

  • May 25, 2017

    Michigan Law Correctly Applied In Stryker Noncompete Suit

    A Sixth Circuit panel on Wednesday said a lower court properly ruled in favor of Stryker Corp. when a jury found a former salesman for the company violated noncompete and confidentiality agreements and misappropriated trade secrets, saying the court correctly applied Michigan rather than Louisiana law.

Expert Analysis

  • My Milkshake Is Better Than Yours: Part 2

    Jill Dessalines

    In the second installment of this two-part series on disruptive innovation among mid-size law firms, Jill Dessalines, founder of Strategic Advice for Successful Lawyers and former senior vice president at McKesson Corp., explores a number of ideas for keeping clients and maintaining market position.

  • Opinion

    DOL Fiduciary Rule Puts American Investors First

    Anil Vazirani

    American workers and families should cautiously applaud U.S. Department of Labor Secretary Alexander Acosta’s recent decision to allow partial implementation of the fiduciary rule to proceed. He recognizes the need to protect retirement investors, but the reality is that investors will still need to fight to keep this protection from predatory marketing practices, says 

Anil Vazirani, president and CEO of Secured Financial Solutions LLC.

  • Noncompete Agreements Under Siege At The State Level

    James Hammerschmidt

    Compared with many other areas of labor and employment law, the law of noncompetition agreements has been relatively static with most changes coming in the form of court decisions. More recently, however, many states have turned their attention to noncompetes and considered significant procedural and substantive changes in how they are used and enforced, say James Hammerschmidt and Jack Blum of Paley Rothman.

  • My Milkshake Is Better Than Yours: Part 1

    Jill Dessalines

    As I sat there listening, incredulous to learn that "Milkshake" was not only a real song but also a chart-topper, it reminded me of Harvard Business School Professor Clayton Christensen’s work on disruptive innovation — and how it pertains to mid-size law firms, says Jill Dessalines, founder of Strategic Advice for Successful Lawyers and former assistant general counsel of McKesson Corp.

  • A New Path To Defending NLRB Employer Policy Challenges

    Adam Abrahms

    For employers that feel handcuffed by what many view as overzealous interference from the National Labor Relations Board, two recent decisions reinforce the merits of what may be the best approach to defending against charges that challenge company policies, say Adam Abrahms and Christina Rentz of Epstein Becker Green.

  • Pretax Premiums May Have Employees Singing Post-Tax Blues

    Matt Gerard

    A recent IRS memo states that payments made to participants under certain fixed indemnity health plans must be included in employees’ gross income, unless the premiums for such plans are paid on an after-tax basis. However, the memo does not address how employers should administer these taxable fixed indemnity payments, says Matt Gerard, in-house legal counsel at National Benefits Services.

  • Protecting Privilege In FCA Cases From Start To Finish

    Daniel Chudd

    Companies cannot risk failing to thoroughly investigate False Claims Act allegations. In doing so, however, companies should be wary of unintentionally waiving or failing to establish privilege. There are six common privilege pitfalls to avoid, say Daniel Chudd and Rachael Plymale of Morrison & Foerster LLP.

  • UK Internal Investigations Are Taking An Ungainly Turn

    Matthew Herrington

    The London High Court's decision in Serious Fraud Office v. Eurasian Natural Resources Corporation has a lot to say on the vitality of legal professional privilege and the conduct of internal investigations in the U.K., but its flawed logic and lack of pragmatism feel like the latest installment in SFO Director David Green's pushback against U.S.-style investigation procedures, say Matthew Herrington and Tom Best of Steptoe & Johnson LLP.

  • Fiduciary Rule Comments: Some Conflict, Lots Of Interest

    Susan Krawczyk

    During the second comment period for the U.S. Department of Labor’s fiduciary rule, more than 130 letters were filed by firms, trade groups, coalitions, think tanks and other thought leaders, and even more were filed by individuals. Susan Krawczyk of Eversheds Sutherland summarizes the comments and offers observations.

  • Attorneys, Your Input Is Needed On Deposition Rule

    Frank Silvestri, Jr.

    Every lawyer who’s handled a civil case in federal court knows about Rule 30(b)(6), governing deposition procedures. But for many real-world deposition dilemmas, the rule offers little guidance. Last year, an Advisory Committee on Civil Rules subcommittee began considering whether the rule should be amended. Now attorneys must advise the subcommittee how to proceed, says Frank Silvestri Jr. of Verrill Dana LLP.