Employment

  • September 19, 2017

    Firm Loses Bid To Block Sanction Of Emails To Uber Drivers

    The Ninth Circuit denied a request to stop a California federal judge from sending out notice of Lichten & Liss-Riordan PC’s allegedly improper communications with a class of Uber drivers who say they’ve been misclassified as independent contractors, hours after a brief claimed Uber was using confidentiality and sanctions as its “newest litigation tactic.”

  • September 19, 2017

    Trump EPA Nominee Set To Argue Against Silica Rules

    President Trump’s nominee to serve as the U.S. Environmental Protection Agency’s assistant administrator of air and radiation, currently a Hunton & Williams partner, is scheduled to argue before the D.C. Circuit against new rules reducing silica exposure in the construction industry, a Tuesday docket entry revealed.

  • September 19, 2017

    FedEx Worker Tells Jury Unfair Firing Cost Him $464K

    A former FedEx sales manager took the stand Tuesday in the Tennessee state trial on his claims that the delivery services giant fired him for noticing employees were falsifying records, saying the firing cost him $464,000 and the “embarrassment” of a derailed career.

  • September 19, 2017

    Trump Administration Backs 'Last Chance' ACA Repeal Bill

    The White House started a public push for the latest Affordable Care Act repeal bill Tuesday as the Senate dropped bipartisan reform efforts.

  • September 19, 2017

    Ressler & Ressler Must Face Dumped Atty's Defamation Suit

    New York law firm Ressler & Ressler must face a trimmed-down defamation lawsuit from an outside attorney claiming the firm convinced Tradewinds Airlines Inc. to dump her as its special litigation counsel, according to a federal judge’s ruling Tuesday.

  • September 19, 2017

    Ex-NFLers Facing Potential Deception In Concussion Claims

    A Pennsylvania federal judge was warned during a hearing Tuesday about potentially unscrupulous behavior by attorneys, lenders and other entities who may be attempting to cheat former National Football League players out of claims on an uncapped settlement for head injuries.

  • September 19, 2017

    EEOC Hits Ill. IHOP Eateries With Sexual Harassment Suit

    The U.S. Equal Employment Opportunity Commission on Tuesday filed suit in Illinois federal court against two restaurant groups that operate IHOP restaurants, claiming a class of female employees and one male employee were subjected to a sexually hostile work environment, including offensive touching and comments that forced them to quit.

  • September 19, 2017

    Ex-Worker Cops To Trying To Sell ‘As Seen On TV’ Co. Info

    A New Jersey-based former employee of a New York company that develops and markets “As Seen on TV” merchandise admitted on Tuesday to his role in a scheme in which he attempted to sell the company’s information to its competitors.

  • September 19, 2017

    Gibson Dunn Trims Ex-Billing Workers’ Discrimination Suit

    A California judge on Tuesday tentatively trimmed three Fair Employment and Housing Act claims from a lawsuit alleging Gibson Dunn & Crutcher LLP maintains a hostile work environment for older workers in its billing department, but refused to throw out an intentional infliction of emotional distress claim.

  • September 19, 2017

    Closed-Captioning Co.'s Social Media Rule, Firings Illegal

    A closed-captioning nonprofit violated federal labor law by firing two workers over their union activity and maintaining a rule blocking employees from making social media posts that “reflect poorly” on it, a National Labor Relations Board judge said Monday.

  • September 19, 2017

    Farrar & Ball Gets Fees In Ex-Paralegal's Defamation Row

    A Texas federal judge on Tuesday granted Farrar & Ball LLP's request to enforce an award of $11,625 in attorneys' fees after the dismissal of a paralegal's defamation and malicious prosecution claims, which stemmed from the firm's suit over the alleged submission of false overtime claims.

  • September 19, 2017

    Lawmakers Urge Trump To Fight Unfair Labor Practices

    Four Democratic legislators on Tuesday urged the Trump administration to work on countering foreign labor practices they say cost U.S. jobs and undercut American workers.

  • September 19, 2017

    2nd Circ. Affirms Tech Co.'s D&O Coverage Loss

    The Second Circuit on Tuesday upheld a judgment that Beazley Insurance doesn't have to cover a video surveillance company's settlement with a business partner over lapsed payments, saying an exclusion in Beazley's directors and officers policy bars coverage because the partner's executive was also a director of the insured company.

  • September 19, 2017

    Wis. Appeals Court OKs 'Right-To-Work' Law

    A Wisconsin state appeals court overturned a lower court ruling that nullified the state’s so-called right-to-work law Tuesday, saying that blocking employers from making workers pay dues as a condition of employment is not “taking” union property under the Wisconsin Constitution.

  • September 19, 2017

    Hitachi Metals Hits Chinese Rivals With ITC Trade Secrets Suit

    Hitachi Metals filed a complaint at the U.S. International Trade Commission on Tuesday alleging that a number of Chinese companies have violated the Tariff Act by selling and importing into the U.S. amorphous metals manufactured using misappropriated trade secrets.

  • September 19, 2017

    Split NLRB Says Rebar Co. Has To Answer Union’s Inquiry

    A split National Labor Relations Board on Monday told a Florida-based rebar installer to respond to a union’s information request about the company’s employees and what work it is doing, reversing an administrative law judge’s March 2016 finding on the issue.

  • September 19, 2017

    K&L Gates Adds Labor And Employment Pro To Calif. Office

    K&L Gates LLP announced recently that it has beefed up its employment law practice by snagging a partner from Michelman & Robinson LLP to work in its Orange County, California, office.

  • September 19, 2017

    DOD Issues Interim Guidance On Transgender Service

    U.S. military service members will no longer be eligible to undergo gender reassignment surgery after March 2018, according to interim guidance from Defense Secretary Jim Mattis to Department of Defense officials amid a policy review for implementation of President Donald Trump’s order of a renewed ban on transgender service members.

  • September 19, 2017

    EEOC Noms Stress Negotiation, Guidance At Senate Hearing

    Nominees to fill two Equal Employment Opportunity Commission vacancies said they would emphasize guidance and negotiation over lawsuits at a largely collegial Senate confirmation hearing Tuesday, but would not commit to standing by the agency’s stance that Title VII bars employers from discriminating against the LGBTQ community.

  • September 19, 2017

    TGI Friday's Cuts $19.1M Deal To End Wage Action

    Attorneys representing a putative class of 28,800 TGI Friday’s tipped workers have struck a $19.1 million settlement with the restaurant chain and its former owners that would resolve claims alleging they violated multiple state and federal wage statutes, according to court documents filed in New York federal court.

Expert Analysis

  • When A SOX Whistleblower Claim Applies Extraterritorially

     Matthew LaGarde

    The recent decision from the U.S. Department of Labor's Administrative Review Board in Blanchard v. Exelis Systems is important because it makes clear that, so long as the misconduct reported by the employee affects the United States in “some significant way,” the Sarbanes-Oxley Act will apply extraterritorially, says Matthew LaGarde of Katz Marshall & Banks LLP.

  • Implicit Bias' Questionable Role In Employment Litigation

    James McDonald Jr.

    Implicit bias has enjoyed a sustained focus of research and analysis in academia, and it is an increasingly popular topic of discussion among employment lawyers. However, whether implicit bias as a concept has any usefulness in employment discrimination litigation is not at all clear, says James McDonald Jr. of Fisher Phillips.

  • Preparing For New Mass. Pregnancy Accommodations Law

    Mehreen Rasheed

    Massachusetts is the latest state to pass a pregnancy accommodation law, joining 21 other states and Washington, D.C. Like many of the similar state laws, the recently enacted Massachusetts law will expand protections for pregnant employees beyond those available under federal law, say Mehreen Rasheed and Carolyn Wheeler of Katz Marshall & Banks LLP.

  • Opinion

    Time Limit On Asbestos Depositions Threatens Due Process

    Freddy Fonseca

    California’s Senate Bill 632 seeks to impose a seven-hour limit on depositions in asbestos cases at the expense of defendants’ due process rights. All defendants maintain an interest in properly and fairly preparing their defense, and no party should be required to jeopardize that right, says Freddy Fonseca of Manion Gaynor & Manning LLP.

  • A Guide To The Executive Branch Official Nomination Process

    Adam Raviv

    Although the Trump administration has completed the vetting and confirmation of a cabinet and White House staff, thousands of senior positions remain unfilled throughout the executive branch. More than ever, people selected for those posts find themselves under close scrutiny, say Adam Raviv and Reginald Brown of WilmerHale.

  • East Coast Medical Marijuana Lessons For Nev. Employers

    Laura Jacobsen

    Recent court decisions from the East Coast have held that medical patients terminated for positive medical marijuana test results have valid causes of action against their employers for disability discrimination. Because Nevada law provides some protection for employees who engage in off-duty medical marijuana use, Nevada employers should take important lessons from these cases, says Laura Jacobsen of McDonald Carano LLP.

  • The Equifax Data Breach And Its Impact On Businesses

    Eduard Goodman

    The Equifax breach could trigger a shift in data breach class actions from potential harm to consumers to potential harm to businesses, says Eduard Goodman, chief privacy officer at CyberScout LLC.

  • Potential Perils Of Employer Parental Leave Policies

    Debra Friedman

    In recent years, more and more private companies have been adopting parental benefit policies. However, as demonstrated by the U.S. Equal Employment Opportunity Commission's recent suit against Estée Lauder, the agency is focusing on alleged disparities in employers’ parental benefit policies, and good intentions can lead to unintended consequences, says Debra Friedman of Cozen O'Connor.

  • 2 Cases Clarify Dodd-Frank Whistleblower Protections

    Harini Srinivasan

    Recent decisions in Reyher v. Grant Thornton and Boyle v. Evolve Bank indicate that courts are not persuaded by whistleblowers' arguments that defendants or their publicly traded clients are generally covered by the Dodd-Frank Act, says Harini Srinivasan of Katz Marshall & Banks LLP.

  • 5th Circ. Tames NLRB Approach To Workplace Conduct Rules

    Laura Lawless Robertson

    In T-Mobile USA v. National Labor Relations Board, the Fifth Circuit recently held that the NLRB went too far when targeting the company's employee handbook policies. The decision signals that federal courts may increasingly rein in the NLRB’s attempts to expansively apply the National Labor Relations Act to seemingly neutral workplace conduct rules, says Laura Lawless Robertson of Squire Patton Boggs LLP.