We use cookies on this site to enable your digital experience. By continuing to use this site, you are agreeing to our cookie policy. close

Employment

  • September 18, 2018

    Merck Workers Defend Class Claims In $250M Sex Bias Suit

    Women who used to work for Merck & Co. Inc. told a New Jersey federal judge on Monday that the company’s attempt to defeat their class claims in a sex bias suit seeking $250 million rested on a “hair-splitting house of cards,” arguing that the initial U.S. Equal Employment Opportunity Commission charge backed their certification motion.

  • September 18, 2018

    Too Late For 'Do Over' In Duke Energy OT Suit, Workers Say

    Duke Energy Corp. can’t claim two years into litigation that it shouldn’t have to face accusations it shorted employees on overtime pay, a class of workers told a Pennsylvania federal court Monday, saying the company is seeking a "do over" with new arguments after the class was certified in March.

  • September 18, 2018

    Ex-Worker Says DC Teachers' Union Fired Him For Being Gay

    A former worker for a union representing Washington, D.C., teachers alleged in a federal suit Tuesday that he was fired for being gay, although the local disputes the authenticity of a seemingly damning email included in the complaint that suggests officials were worried keeping a gay employee would raise health care costs.

  • September 18, 2018

    OSHA Fines Contractors For Deadly Fla. Bridge Collapse

    Five contractors who worked on the design and construction of a pedestrian bridge that collapsed in Miami in March, killing six people, have been issued citations and fines, the federal Occupational Safety and Health Administration announced Tuesday.

  • September 18, 2018

    Weinstein Not Likely To Shake Ashley Judd Blacklisting Suit

    A California federal judge on Tuesday expressed skepticism about Harvey Weinstein's bid to dismiss actress Ashley Judd's suit alleging he engaged in a smear campaign that kept her from being cast in "The Lord of the Rings" because she rebuffed his sexual advances, saying the disgraced film producer's arguments about the facts seem premature.

  • September 18, 2018

    Pac-12 Leader Defends $4.5M Salary At NCAA Antitrust Trial

    Pac-12 commissioner Larry Scott defended his $4.5 million annual salary Tuesday during a landmark antitrust trial over the NCAA's limits on student compensation, while also warning that paying student-athletes would confuse fans and broadcasters about amateur sports and disrupt the makeup of college athletic conferences.

  • September 18, 2018

    9th Circ. Says DOL Owed Deference On Tip Credit Guidance

    The Ninth Circuit gave a green light Tuesday to servers and bartenders suing restaurants including IHOP and P.F. Chang’s for allegedly underpaying them, ruling en banc that courts should defer to Obama-era tip credit guidance from the U.S. Department of Labor and ending a split with the Eighth Circuit.

  • September 18, 2018

    Labor Union Says Lost Wages Not Taxable Under Railroad Law

    A labor union and an association of plaintiffs’ attorneys has urged the U.S. Supreme Court to find that wage loss awards should not be taxable under a railroad retirement statute and argued that the railroad company pushing for them to be taxable had an ulterior motive, saying railroads could use the tax to reduce wage loss awards that result from future injuries.

  • September 18, 2018

    Trump's Military 'Transgender Ban' Will Stay Blocked

    A California federal judge on Tuesday refused to dissolve an injunction blocking the federal government’s military “transgender ban” from going into effect, ruling a revision to the policy was not meaningfully different from the initial outright ban.

  • September 18, 2018

    AbbVie Kickbacks Tainted $1.3B In Humira Claims, Calif. Says

    AbbVie Inc. generated nearly $1.3 billion in tainted health insurance claims for its blockbuster immunosuppressant Humira by paying kickbacks in the form of cash, alcohol, trips and an elaborate network of “nurse ambassadors,” California regulators said in a complaint filed Tuesday.

  • September 18, 2018

    Texas Judge Skeptical Of Bid To Skirt Noncompete Arbitration

    A Texas appellate judge on Tuesday said during oral argument the lawyer for a former insurance finance employee had “some explaining to do,” questioning the employee’s argument her bid to void a noncompete agreement doesn’t belong in arbitration.

  • September 18, 2018

    US Loses Bid To DQ Orrick In Fitbit Trade Secrets Case

    A California federal judge on Tuesday denied a request from the government to disqualify Orrick Herrington & Sutcliffe LLP from representing an ex-Fitbit Inc. employee accused of stealing trade secrets from a prior employer, since her co-defendants — whom the firm previously represented — said they didn't mind her keeping the firm as counsel.

  • September 18, 2018

    Senate Passes Final $857B Defense, Health Bill For 2019

    The U.S. Senate on Tuesday passed the final version of an $857 billion bill funding federal defense, labor and health spending for 2019, legislation that will also temporarily extend other federal funding through early December to avoid a government shutdown ahead of the midterm elections.

  • September 18, 2018

    Mass. Hospital Rips FCA Claims Med Students Not Supervised

    Massachusetts General Hospital argued Monday that a former anesthesiologist’s False Claims Act lawsuit citing specific bills fails to properly show that the renowned teaching hospital overbilled government health programs for time patients spent in the care of unsupervised doctors-in-training or waiting on overbooked surgery units.

  • September 18, 2018

    WeWork Reaches Deal With NY, Ill. To Curb Noncompetes

    Shared workspace provider WeWork Cos. Inc. has agreed to curtail its use of noncompete agreements, with some workers receiving full releases from agreements they signed and others having the terms of their noncompetes streamlined, the attorneys general of New York and Illinois announced Tuesday.

  • September 18, 2018

    McDonald's Workers Protest Seyfarth Hire For Abuse Policy

    McDonald's workers in 10 cities called on the company to sever its relationship with management-side law firm Seyfarth Shaw LLP's compliance and consulting arm as they walked off the job on Tuesday as part of an anti-sexual harassment protest organized by wage advocacy group Fight for $15.

  • September 18, 2018

    Sens. Want NLRB Member Off Case For Littler Mendelson Ties

    U.S. Sen. Elizabeth Warren, D-Mass., told the National Labor Relations Board that member William Emanuel shouldn't participate in a case that could overturn an earlier board decision allowing workers to use their employers' email systems for union business, arguing that the former Littler Mendelson PC partner had a conflict of interest.

  • September 18, 2018

    Facebook Hit With Gender Bias Claims Over Targeted Job Ads

    Facebook discriminates against millions of women and gender nonbinary people by letting companies target job ads on the platform toward men, job seekers claim in U.S. Equal Employment Opportunity Commission charges filed against the social media giant and 10 employers on Tuesday.

  • September 17, 2018

    WWE Wins 2 Bouts In Suits Over Wrestlers' Concussions

    A Connecticut federal court ruled Monday in favor of World Wrestling Entertainment in two suits related to former wrestlers’ claims that the organization fraudulently concealed a link between the sport and brain injuries, finding that their complaints were barred by the statutes of limitations or the court’s previous rulings or were frivolous.

  • September 17, 2018

    U. Of Wis. Head Says Sports Program At Risk If Athletes Paid

    The University of Wisconsin-Madison could drop its athletics program if it has to start paying student-athletes, the head of the university told a federal judge Monday at a landmark antitrust trial over the NCAA's limits on compensation, while an American Athletic Conference commissioner warned that such payments "would intrude on college sports."

Expert Analysis

  • Transitioning Cos. Can't Forget Pending Green Cards

    Hector Chichoni

    When sponsoring foreign national employees for employment-based lawful permanent residence in the U.S., there are many factors an employer must consider if it is restructuring, relocating or downsizing its operations to avoid the consequences of noncompliance under current U.S. immigration law, says Hector Chichoni of Duane Morris LLP.

  • Series

    Navigating NLRB: A New Era For Joint Employment?

    Peter Kirsanow

    While the National Labor Relations Board’s Browning-Ferris decision is currently the standard upon which joint employer analysis rests, as a number of independent challenges to its vitality loom — including the board's recently announced draft rule — its reign may be short-lived, says Peter Kirsanow, former member of the NLRB and partner at Benesch Friedlander Coplan & Aronoff LLP.

  • Update On Calif. Immigrant Worker Protection Act

    Jesse Cripps

    A California federal court recently forbade California and its officials from enforcing several portions of the state's Immigrant Worker Protection Act. While private employers in the state will not be subject to many of the requirements of the law for the time being, the fight over it is likely to proceed, say Jesse Cripps and Ryan Stewart of Gibson Dunn & Crutcher LLP.

  • Calif.'s New Rules For Lawyers Move Closer To ABA Model

    Mark Loeterman

    The first comprehensive overhaul of California's Rules of Professional Conduct in nearly 30 years becomes operational on Nov. 1. Some of the new rules mirror the model language used by the American Bar Association, but many continue to reflect California’s unique approach to certain ethical questions, says Mark Loeterman of Signature Resolution LLC.

  • Series

    Navigating NLRB: Attacking Instability With APA Rulemaking

    Ronald Meisburg

    In the first article of this Expert Analysis special series, Ronald Meisburg, former member and general counsel of the National Labor Relations Board and special counsel at Hunton Andrews Kurth LLP, examines why the time may be ripe to use the Administrative Procedure Act to advance rulemaking petitions with the NLRB in order to bring more stability and predictability to the agency's law.

  • Stock Compensation Can Add Zing To Your Benefits Package

    Amy Bowler

    To attract talent in a competitive market, some employers may add creative stock and bonus compensation programs to thier benefits packages. They should keep in mind that adding stock options can trigger a multitude of legal rules and restrictions, say Amy Bowler and Beth Nedrow of Holland & Hart LLP.

  • Know The Limits To Atty Public Statements During A Trial

    Matthew Giardina

    The balancing act between protecting attorneys’ speech rights and ensuring unbiased adjudications was highlighted recently in two cases — when Michael Cohen applied for a restraining order against Stephanie Clifford's attorney, and when Johnson & Johnson questioned whether a Missouri talc verdict was tainted by public statements from the plaintiffs' counsel, says Matthew Giardina of Manning Gross & Massenburg LLP.

  • Considering Workers' Comp For Unauthorized Immigrants

    David Johnson

    Tennessee’s workers’ compensation statute allows injured workers to recoup benefits regardless of whether they are lawfully employed. However, based on a Tennessee federal court's recent decision in Torres v. Precision Industries, for unauthorized workers this rule is now seriously in question, say David Johnson and Todd Photopulos of Butler Snow LLP.

  • In Calif., Questions Remain On Law Firm Conflict Waivers

    Richard Rosensweig

    In Sheppard Mullin v. J-M Manufacturing Co., the California Supreme Court ruled last month that a law firm's failure to disclose a known conflict with another current client did not categorically disentitle the firm from recovering fees. But the court didn’t provide hoped-for guidance on how to write an enforceable advance conflict waiver, says Richard Rosensweig of Goulston & Storrs PC.

  • Q&A

    A Chat With Faegre Client Development Chief Melanie Green

    Melanie Green

    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 Melanie Green, chief client development officer at Faegre Baker Daniels LLP.