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Employment

  • March 22, 2019

    4 FMLA Scenarios That Can Trip Up Employers

    While the U.S. Department of Labor recently issued guidance aiming to make Family and Medical Leave Act compliance a little easier for businesses, figuring out how to avoid violating the FMLA and the numerous laws that intersect with it can still be vexing for even the most sophisticated employers. Here, attorneys look at four tricky FMLA-related situations and how to best handle them.

  • March 22, 2019

    Lawmakers' Letter Much Ado About 'Sorting,' Says NLRB Head

    National Labor Relations Board Chairman John Ring said Friday the board hired a contractor only for basic clerical work on its proposed joint employer rulemaking, dismissing lawmaker concerns the agency is outsourcing the meat of its regulatory process.

  • March 22, 2019

    House Will Vote On Denouncing Transgender Military Ban

    The U.S. House of Representatives will vote on March 28 to condemn the Trump administration's policy heavily restricting transgender people from serving in the military, shortly before the contentious policy is due to take effect, according to House Majority Leader Steny Hoyer, D-Md.

  • March 22, 2019

    Uber's $20M Driver Misclassification Deal Gets Green Light

    A California federal judge on Thursday greenlit a $20 million deal resolving claims Uber Technologies Inc. misclassified thousands of drivers as independent contractors, after seeking additional information about a number of aspects of the agreement.

  • March 22, 2019

    Ex-GC Wins $1.87M In Houston Housing Authority Firing Suit

    A Texas federal jury awarded the former general counsel of the Houston Housing Authority $1.87 million Friday after finding she had been fired in retaliation for reporting possible fraud in a voucher program for veterans.

  • March 22, 2019

    Union Member Gets Partial Win In Prevailing Wage Rate Fight

    A lower court must consider whether the Illinois Department of Labor violated a court order to post 2016 prevailing wage rates on its website when it did so with the caveat that the rates would only go into effect at a future date, an Illinois appellate court has found.

  • March 22, 2019

    Facebook Workers Get Conditional Cert. In Ill. Overtime Suit

    An Illinois federal judge on Friday granted conditional certification to a group of Facebook workers accusing the company of systematically misclassifying and denying them overtime pay, ruling any arbitration agreements signed by potential class members can be addressed at a later stage and also denying Facebook’s shot at a quick win.

  • March 22, 2019

    Raytheon Asks To Be Cut From Contractors' Tax Info Suit

    Raytheon should be dismissed from a suit by Northrop Grumman employees alleging their tax information was exposed and they were given faulty tax advice because they have not implicated the company in wrongdoing, Raytheon told a Texas federal court Friday.

  • March 22, 2019

    US Steel Adds More Parental, Bereavement Leave To Benefits

    U.S. Steel on Thursday announced a revamped benefits package for its employees that will include eight weeks of paid parental leave regardless of gender, up to 15 days of bereavement leave and increased medical coverage for gender-confirming treatments and medications.

  • March 22, 2019

    Sun Belt Conference Swats Down Hoops Ref's Firing Suit

    A South Carolina federal judge on Friday shot down a suit by the former basketball referee coordinator for the Sun Belt Conference, ruling the conference's commissioner was not out of bounds in ending the coordinator's contract.

  • March 22, 2019

    Employers Can't Keep Arbitrations Secret, NLRB Judge Says

    Employers can't bar workers from discussing the outcome of employment arbitration, a National Labor Relations Board judge said Thursday, in a decision that could curtail a key feature of arbitration agreements and tee up a new clash between labor law and the Federal Arbitration Act.

  • March 22, 2019

    Lockton Unit Sues Alliant In Chancery For Poaching Workers

    An affiliate of global private insurance broker the Lockton Companies LLC sued a competitor in Delaware's Chancery Court on Friday, accusing Alliant Insurance Services of raiding its workforce and client roster — the latest in a string of poaching complaints against Alliant.

  • March 22, 2019

    Defunct Pharmacy Escapes Ex-Worker's Retaliation Claim

    An Illinois federal jury has sided with a defunct Chicago pharmacy over claims that it fired an employee for expressing concern over kickbacks that he alleged the pharmacy gave customers to attract business, according to court records entered Thursday.

  • March 22, 2019

    Ex-Chinese Diplomat Convicted Of Forced Labor Scheme

    A former Chinese diplomat accused of using workers from his home country as forced labor in U.S. construction projects was convicted Friday on all counts by a New York federal jury, which rejected his claims that the employment arrangement was legitimate. 

  • March 22, 2019

    Deutsche Bank Hit With Disability Bias Claims By Ex-Worker

    Deutsche Bank AG mistreated an Indian employee after she said she had to go on medical leave and then fired her after she complained about a training session’s racial bias, according to a suit filed in New York federal court.

  • March 22, 2019

    Calif. Insulation Biz Hit With Suit Over FCRA Disclosure Form

    Employees at California-based Petrochem Insulation Inc. claim they were required to fill out a form that let the company obtain their consumer reports without proper authorization in a proposed class action filed Thursday in California federal court.

  • March 22, 2019

    Harvard's Single-Gender-Club Ban Not 'Equal,' Students Say

    A group of students and organizations countered Harvard University's attempt to dismiss a suit over the school's ban on single-gender clubs, telling a federal judge Friday the university's argument that it treats men and women the same falls flat since, in this case, that means discriminating against both sexes.

  • March 22, 2019

    OSHA Wants $1.3M Fine For Metal Co.'s Risky Furnaces

    The Occupational Safety and Health Administration has slapped a metal heat treatment company with a record-breaking $1.3 million fine for willfully exposing employees to life-threatening hazards in its heat-treating furnaces.

  • March 21, 2019

    Ex-Intel Engineer In Trade Secrets Case Must Give Up Docs

    An engineer accused of stealing "revolutionary" secrets from Intel Cop. before jumping ship for rival computer chipmaker Micron Technology Inc. must return any confidential documents he took from the company, a California federal judge said Wednesday.

  • March 21, 2019

    Whistleblower Doctor Trio Nabs $35M In FCA Kickback Sequel

    Three whistleblower doctors have helped secure a $35 million False Claims Act deal with a Maryland hospital chain accused of paying for patient referrals, the U.S. Department of Justice said Thursday, marking a sequel to an earlier kickback settlement sparked by the same trio.

Expert Analysis

  • State Net

    A Limited Victory For Pension Reform

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    Earlier this month, the California Supreme Court upheld a reform that stripped public employees of the right to buy credits to boost their pensions. Across the country, states and their pension funds are facing up to the recurrent problem of unfunded liabilities to an unprecedented degree, says Lou Cannon of State Net Capitol Journal.

  • Employer Liability For Medical Marijuana Bias Is Growing

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    As more and more states are adopting medical marijuana laws, an Arizona federal court's recent decision in Whitmire v. Walmart is representative of the increasing risks to employers who take action against medical marijuana users, say William Moorman and Alicia Samolis of Partridge Snow & Hahn LLP.

  • NYC Employers Should Review Policies Targeting Hairstyles

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    New guidance from the New York City Commission on Human Rights will likely lead to an increase in hair discrimination claims under the New York City Human Rights Law, says Avi Lew of Warshaw Burstein LLP.

  • Courts May Be Shifting Outlook On Gender Bias Claims

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    The Fourth Circuit’s recent opinion in Parker v. Reema Consulting Services demonstrates how even an office rumor can give rise to Title VII liability, and may be indicative of a judiciary moving toward a more sympathetic approach to women's workplace discrimination claims, says Kathryn Barcroft of Solomon Law Firm PLLC.

  • Lenders Score Major High Court Victory In Foreclosure Case

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    The U.S. Supreme Court's unanimous ruling on Wednesday in Obduskey v. McCarthy & Holthus LLP removes nearly all activities taken by creditors seeking nonjudicial foreclosure of liens and mortgages from the ambit of the Fair Debt Collection Practices Act, says John Baxter of Nelson Mullins Riley & Scarborough LLP.

  • Tech Trends From SXSW Pose Unique Questions For Lawyers

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    These days, a popular theme in media is that lawyers' jobs will be taken by robots. However, based on the tech issues discussed at the South by Southwest technology conference in Austin, Texas, last month, robots may in fact need lawyers, says Nick Abrahams of Norton Rose Fulbright.

  • Opposite Rulings Refine Scope Of Texas Sovereign Immunity

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    Last week, the Texas Supreme Court reached opposite conclusions in two sovereign immunity cases, reflecting the excruciating parsing of statutory text required to determine whether a claim against a local government is barred or is encompassed by a statutory waiver of immunity, says Lyndon Bittle at Carrington Coleman Sloman & Blumenthal LLP.

  • An Employment Lawyer's Guide To M&A Due Diligence

    Excerpt from Lexis Practice Advisor
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    In the context of corporate mergers and acquisitions, there are several employment-related elements to consider. Attorneys with Proskauer Rose LLP share guidance on discovering, managing and preventing potential liabilities resulting from a target company’s labor and employment practices.

  • Liability For CEO Misconduct Expands After #MeToo

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    The Nevada Gaming Commission's recent $20 million fine against Wynn Resorts for failing to act after reports of its former CEO's alleged sexual misconduct demonstrates how #MeToo has altered the classic economic assessment for harassment claims, says Dove Burns of Obermayer Rebmann Maxwell & Hippel LLP.

  • In Bar Admissions Process, It's Candor Or Bust

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    You passed the bar exam and are ready for the character and fitness committee interview. Time to think about how to discuss that minor incident in college, that misdemeanor in high school or that mental health issue that you have totally under control, says Richard Maltz of Frankfurt Kurnit Klein & Selz PC.