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Employment

  • February 22, 2019

    American Airlines' Attendance Policy Unfair, EEOC Told

    The union representing American Airlines flight attendants, who are predominantly women, says it filed a charge with the Equal Employment Opportunity Commission on Friday alleging that the airline is discriminating by holding them to stricter attendance policies than they do for the pilots, who are mostly men.

  • February 22, 2019

    Waste Management Can't Duck Texas Worker's Injury Claims

    Waste Management of Texas must face claims it caused a temporary worker's injury, a state appeals court has ruled, saying a fact question exists to determine if the worker is considered its employee for purposes of Texas' workers' compensation law.

  • February 22, 2019

    Consultants Aim To Send GSK Probe Suit Back To State Court

    Former consultants for GlaxoSmithKline PLC urged a Pennsylvania federal court Friday to send back to state court their suit against the company alleging they landed in a Chinese prison after the business tricked them into investigating a whistleblower, saying GSK could not invoke federal jurisdiction after having argued to the contrary.

  • February 22, 2019

    Epstein Ruling Puts Pressure On Acosta, DOJ

    Pressure started to build against Labor Secretary Alexander Acosta after a Florida federal court ruled that he and other U.S. Department of Justice prosecutors violated victims’ rights in the Jeffrey Epstein sex trafficking case, with Democratic members of Congress calling for his ouster and for Epstein’s non-prosecution deal to be rescinded.

  • February 22, 2019

    4 Ways Grooming, Dress Policies Can Be Legally Unkempt

    New York City’s recent guidance warning businesses that bans on hairstyles commonly worn by African-Americans may run afoul of anti-discrimination law should serve as a warning to employers that their appearance and grooming policies may contain hidden legal landmines, experts say. Here, Law360 looks at four common mistakes employers make and how to avoid them.

  • February 22, 2019

    Panera, Ex-CEO Sue Each Other Over Fired IT Team

    Panera Bread and its former chief executive and founder, Ron Shaich, have hit each other with lawsuits over noncompete agreements signed by three information technology employees Panera abruptly fired in February after learning they planned to join Shaich's new company.

  • February 22, 2019

    Hospital Staff Union Passes By 1 Vote After Ballot Dispute

    Hundreds of workers at an Oregon hospital are poised to unionize by a single vote after a National Labor Relations Board judge said Thursday that one challenged ballot should be counted as a vote for organizing, and another should be counted as against.

  • February 22, 2019

    Netflix Bid To End Viacom's Poach Suit 'Bridge Too Far': Judge

    A California judge refused Friday to toss Viacom Inc.'s allegations that Netflix illegally recruits key employees away from other companies, saying Netflix's argument is "a bridge too far" at this stage of the litigation and is more appropriate for later on, when more facts are developed.

  • February 22, 2019

    Panera Says Chancery Noncompete Suit Belongs In Mo. Court

    Restaurant chain Panera Bread Co. told the Delaware Chancery Court late Thursday that a suit launched by a competitor over noncompete provisions for former Panera employees should be dismissed because the agreements are subject to Missouri law, and any litigation should take place there.

  • February 22, 2019

    Maryland Hospital Co. Can't Dodge FCA Suit

    An Illinois federal judge on Friday refused to let Maryland-based MedStar Health Inc. off the hook from a False Claims Act suit launched by a former employee who claimed the health care system billed federal insurance programs for unnecessary inpatient admissions.

  • February 22, 2019

    Novartis, Express Scripts Beat Kickback Suit Over Discounts

    Novartis Pharmaceuticals Corp. and Express Scripts Inc. have escaped a suit alleging they engaged in a kickback scheme after a New Jersey federal judge found that a former Novartis employee failed to back up his claims that the company illegally provided commercial discounts on multiple sclerosis drug Gilenya in exchange for Medicare Part D business.

  • February 22, 2019

    4th Circ. OKs Nix Of Ex-Hopkins Nurse's Suits As Sanction

    The Fourth Circuit on Friday signed off on sanctions ending a series of whistleblower and bias suits alleging Johns Hopkins University unfairly fired a nurse, accusing the nurse of shady legal tactics rendering "virtually useless five years of proceedings before the district court."

  • February 22, 2019

    2,600 Workers Knocked Out Of Red Robin Wage Class Action

    A California federal judge has partially granted Red Robin's bid to decertify a subclass of workers in a lawsuit accusing the restaurant chain of wage violations, holding that some 2,600 employees who signed arbitration agreements before the case was filed don't belong in court.

  • February 22, 2019

    O'Hare Airport Servicer Hit With Biometric Privacy Suit

    A Texas-based airport services operator was hit with a putative class action in Illinois court Thursday, alleging it forced workers to use their fingerprints to clock in and out of work at Chicago's O'Hare International Airport without their consent in violation of Illinois' Biometric Information Privacy Act.

  • February 22, 2019

    Amazon Health Startup Won't Soon Rival Optum, Judge Rules

    A former employee of UnitedHealth unit Optum Inc. can continue his role with a health care startup created by Amazon.com Inc., Berkshire Hathaway Inc. and JPMorgan after a Massachusetts federal judge ruled Friday that Optum had not shown the two companies are likely to be rivals anytime soon.

  • February 21, 2019

    Ex-Novartis Exec's Whistleblower Claim A Lie, NJ Jury Told

    A Novartis Pharmaceuticals Corp. attorney told New Jersey state jurors Thursday that a former company executive lied to them in seeking more than $5 million over claims she was fired in retaliation for objecting to a proposed drug study, but her lawyer accused the pharmaceutical giant of “a character assassination.”

  • February 21, 2019

    5th Circ. Tells Judge To Rein In Chase Wage Class Notices

    A Texas federal judge jumped the gun when he ordered that tens of thousands of JPMorgan Chase workers could receive notice of a conditionally certified wage-and-hour collective action against the bank, since many of them likely signed arbitration pacts blocking them from joining the case, the Fifth Circuit ruled Thursday.

  • February 21, 2019

    Google To End Forced Worker Arbitration, Class Action Waiver

    Google LLC said Thursday it will end forced arbitration requirements and class action waivers for its employees, following its announcement in November that it would no longer require workers to arbitrate sexual harassment and assault claims.

  • February 21, 2019

    Former Teamsters VP Pleads Not Guilty To Taking Bribes

    The former vice president of the International Brotherhood of Teamsters Local 812 pled not guilty in New York federal court on Thursday to allegations he solicited bribes from an executive of the union's health benefit plan administrator to ensure the union kept the administrator on board.

  • February 21, 2019

    Calif. Court Keeps Blocking DOD Immigrant Policy

    A California federal judge dealt a new blow to the Trump administration's push to require a more stringent background check process for green card-holding immigrants who join the military.

Expert Analysis

  • 3 Lessons From A Crypto Mock Trial

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    We recently hatched a plan to test whether litigators could get blockchain ledger entries into evidence under the existing Federal Rules of Evidence, and we found a federal judge willing to help us, say attorneys Justin Steffen, Andrew Hinkes, Lisa Braganca, Christopher Veatch, Kashan Pathan and Jimmie Zhang.

  • Beware Cost Of Meal And Rest Break Noncompliance In Calif.

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    G4S Secure Solutions recently agreed to settle a consolidated meal and rest period class action for up to $130 million in California state court, demonstrating the binary nature of the state's meal and rest period laws and the frightening liability that can result, say Zachary Hutton and Chris Jalian of Paul Hastings LLP.

  • Avoiding Payroll Tax Traps For Foreign Employees

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    Employers are often surprised to learn that employees considered "nonresident aliens" by the IRS are subject to special rules for withholding Social Security, Medicare, federal unemployment and federal income tax, says Eric Gregory at Dickinson Wright PLLC.

  • What To Know About OSHA's New Injury Reporting Regs

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    While many employers may be pleased with the Occupational Safety and Health Administration's scaled-back injury reporting rule, it has also been met with criticism and litigation, say Alison Hunter and Bria Cochran of Perkins Coie LLP.

  • How VC-Backed Companies Can Mitigate #MeToo Risk

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    While public companies have had their share of struggles responding to allegations of improper behavior by executives in the #MeToo era, venture capital-backed startups — especially in their early stages — face unique challenges in addressing such claims, say attorneys at Foley & Lardner LLP.

  • Opinion

    Inclusion Rider Work Must Continue In Hollywood And Beyond

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    Many in Hollywood have adopted the inclusion rider since its shoutout at last year’s Oscars, and my real hope is that the contract provision will provide the framework for us all to understand that workplace discrimination doesn’t need to be normal, says Kalpana Kotagal of Cohen Milstein Sellers & Toll PLLC.

  • Employment Practices Insurance Can Cover BIPA Claims

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    Following the Illinois Supreme Court's recent decision in Rosenbach v. Six Flags, expect to see many more class actions filed pursuant to the Illinois Biometric Information Privacy Act — and expect most claims against employers to be covered by employer practices liability insurance, say Daniel Schlessinger and Seth Corthell of Jaszczuk PC.

  • #MeToo Law Affects Section 998 Offers In Calif. FEHA Cases

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    As a response to issues raised by the #MeToo movement, recent amendments to California's Fair Employment and Housing Act limit when a trial court can award a prevailing defendant its fees and costs if a compromise pursuant to Code of Civil Procedure Section 998 is offered. However, these types of settlements may still be beneficial, say Fred Plevin and Heather Davis of Paul Plevin Sullivan & Connaughton LLP.

  • Q&A

    A Chat With McDermott COO John Yoshimura

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    In this monthly series, Amanda Brady of Major Lindsey & Africa interviews management from top law firms about the increasingly competitive business environment. Here we feature John Yoshimura, chief operating officer at McDermott Will & Emery LLP.

  • When Workers' Comp Covers A Contractor's Injury Claims

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    A South Carolina federal court’s recent decision in Matthews v. DuPont demonstrates why the exclusive remedy provision under a state workers' compensation system should not be discounted simply because a plaintiff is not a direct employee, says Drew Kemp of Tucker Ellis LLP.