Employment

  • May 21, 2018

    5 Women Sue USC Claiming Sexual Abuse By Gynecologist

    Five women claim in two separate California state and federal suits Monday that a former University of Southern California gynecologist sexually abused them during their appointments with him.

  • May 21, 2018

    5 Takeaways From Employers' Win On Class Waivers

    The U.S. Supreme Court cleared the way Monday for employers nationwide to require workers to sign away their right to pursue class actions in a blockbuster ruling that attorneys on both sides of the bar agree will translate to millions more workers being bound by class waivers. Here, Law360 looks at five key takeaways from the high court's long-anticipated decision.

  • May 21, 2018

    Sonoma Pharma Can Likely Pursue Trade Secret Claims

    A California federal judge on Monday said she’s unlikely to grant drugmaker Collidion Inc.’s bid to trim rival Sonoma Pharmaceuticals Inc.’s trade secrets suit, saying the claims probably aren’t time-barred and that it’s too soon to say whether Sonoma was injured by the alleged theft.

  • May 21, 2018

    After Kozinski, 9th Circ. Sets New Workplace Policies

    Months after the resignation of Ninth Circuit Judge Alex Kozinski following allegations of sexual harassment, the appellate circuit on which he sat rolled out a series of policy changes aimed at preventing workplace harassment for court employees, according to a statement Monday.

  • May 21, 2018

    Ogletree Sex Harassment Row Likely Headed To Arbitration

    A California judge on Monday tentatively ruled a Lewis Brisbois Bisgaard & Smith LLP partner must arbitrate his suit alleging he was sexually harassed by a shareholder at his former firm, Ogletree Deakins Nash Smoak & Stewart PC, saying Ogletree’s arbitration agreement holds up even if the suing attorney never signed it.

  • May 21, 2018

    Cohen Seglias Unveils NJ Office With Partner Pair

    Cohen Seglias Pallas Greenhall & Furman PC unveiled a new presence in New Jersey on Monday with two additions — a managing partner who practices employment law and a partner with a nearly four-decade career focusing on the construction industry.

  • May 21, 2018

    Ex-Uber Engineer Files Sexual Harassment Suit

    A former Uber programmer sued the ride-hailing giant in California state court Monday alleging she was subject to such severe sexual harassment and retaliation that she was hospitalized, in a filing that comes days after the company pledged not to send sexual misconduct-based suits to arbitration.

  • May 21, 2018

    Jevic Ch. 11 To Convert To Ch. 7 After Denial Of Settlement

    The long-running bankruptcy case of trucking firm Jevic Holding Corp. will convert to a Chapter 7 liquidation after a Delaware judge denied approval Monday of the latest proposed settlement floated by the company and its creditors to dismiss the case.

  • May 21, 2018

    ESPN Can't Exclude Sex Harassment Allegations: Ex-Analyst

    A former ESPN legal analyst Friday asked a Connecticut federal court to reject the network's attempt to exclude allegations of past sexual harassment of other female employees from her own sexual harassment suit, saying they establish the company has a long-standing hostile work environment.

  • May 21, 2018

    Exotic Dancers Denied Quick Win In Misclassification Suit

    Exotic dancers did not demonstrate several of the companies that allegedly failed to pay them proper wages under the Fair Labor Standards Act were actually their employers or prove the dancers should not be classified as independent contractors, a Wisconsin federal judge ruled Monday.

  • May 21, 2018

    Mass. Tech Co. Says Ex-Employees Gave Secrets To Rival

    A Massachusetts semiconductor maker on Monday sued a Bay State competitor, claiming three former employees who had jumped ship brought with them trade secrets that have led to two different patents being infringed.

  • May 21, 2018

    EEOC Wants Food Co. Sanctioned Over Missing Emails

    The U.S. Equal Employment Opportunity Commission asked a Maryland federal court Monday to sanction a food distributor it alleges spoiled electronically stored information crucial to a yearslong case accusing the company of refusing to hire women.

  • May 21, 2018

    Health Care Co. Seeks Whistleblower Sanctions In FCA Suit

    Aveta Inc. and its affiliates asked a Puerto Rico federal court Monday to sanction a whistleblower and strike his allegedly dishonest testimony in a False Claims Act suit accusing the health-care company's Medicare Advantage plans of collecting $1 billion in government overpayments.

  • May 21, 2018

    FDNY EMS Underpromotes Women, Minorities, Suit Says

    The New York City Fire Department unfairly denies officer jobs to nonwhite and female emergency medical services workers through a "highly subjective" promotional process that leaves decisions up to their mostly white and male superiors, an emergency medical services union alleges in a proposed class action filed Monday in New York federal court.

  • May 21, 2018

    High Court Won't Revive Oil Rig Indemnity Claim

    The U.S. Supreme Court on Monday declined to hear an appeal of an en banc Fifth Circuit ruling that allowed a contractor and its insurer to escape indemnity for an offshore gas well accident on the grounds Louisiana state law and not maritime law applied.

  • May 21, 2018

    High Court Turns Away Solvay FCA Off-Label Marketing Case

    The U.S. Supreme Court on Monday rejected a bid to revisit a decision tossing a whistleblower's False Claims Act case that had accused Solvay Pharmaceuticals of inducing false Medicaid claims through alleged off-label marketing and kickback schemes for three of its drugs.

  • May 21, 2018

    AT&T To Pay Cell Tower Technician $30M Over 50-Ft. Fall

    A cellphone tower technician has reached a $30 million settlement in a case against AT&T over a 50-foot fall he took from a Pennsylvania tower he says did not have proper safety features, his attorneys announced Monday.

  • May 21, 2018

    Menards Says Retaliation Complaint Exceeds NLRB's Reach

    Menard Inc. hit the National Labor Relations Board with a lawsuit in Wisconsin federal court on Friday, alleging it is exceeding its statutory authority by bringing a retaliation complaint on behalf of the head of a delivery services company, despite an NLRB judge's previous finding that the company and others like it were independent contractors.

  • May 21, 2018

    Pizzeria Can Fire Worker Who Criticized Boss: NLRB Judge

    A National Labor Relations Board judge has rejected charges that a Maryland pizzeria violated federal labor law by firing a worker who insulted his boss at a meeting, saying the worker was just voicing personal gripes rather than fighting for better work terms.

  • May 21, 2018

    High Court Blesses Employers' Use Of Class Waivers

    The U.S. Supreme Court ruled Monday that employment agreements forcing workers to sign away their rights to pursue class action claims are legal, rejecting the National Labor Relations Board’s position that class waivers violate federal labor law.

Expert Analysis

  • High Court Has Returned Workers To 'Like It Or Lump It' Era

    Scott Oswald

    With Justice Neil Gorsuch’s majority opinion Monday in Epic Systems v. Lewis, the U.S. Supreme Court revives a toxic idea that was common before the New Deal: the fiction that an individual employee’s waiver of rights in an employment agreement is a voluntary tradeoff — not an illegal power grab by the employer at its time of maximum leverage, says Scott Oswald of The Employment Law Group PC.

  • Introducing The Legal Industry To Millennial Business Owners

    Yaima Seigley

    ​The current business climate has produced vast opportunities for seasoned lawyers to create valuable connections with millennial business owners, but first lawyers must cleanse their palate of misconceptions regarding millennials, says Yaima Seigley of Isaac Wiles Burkholder & Teetor LLC.

  • Post-Dynamex: A Narrow Road Ahead For Calif. Trucking Cos.

    Bradford Hughes

    The California Supreme Court's recent opinion in Dynamex Operations West v. Superior Court of Los Angeles County sent shockwaves through the entire transportation industry, which has traditionally relied on independent contractors. However, specifically for trucking companies that operate in the Golden State, Dynamex raises a litany of compliance concerns, says Bradford Hughes of Clark Hill PLC.

  • 5 Questions You Should Ask About Your Global Equity Awards

    William Woolston

    U.S. companies venturing into the world of global equity compensation confront a complex, cross-border web of rules and regulations. Victoria Ha and William Woolston of Covington & Burling LLP highlight five critical questions that can help U.S. companies navigate common legal pitfalls, with a focus on some of the most rapidly evolving areas of law.

  • 1st Circ. ADA Decision Turns On 'Essential Function' Doctrine

    John Calhoun

    Initially, the First Circuit’s recent decision in Sepulveda-Vargas v. Caribbean Restaurants — a case involving claims under the Americans with Disabilities Act — may seem counterintuitive. But understanding the court's treatment of two features of the ADA’s "essential function" doctrine will help parties navigate the nuances of these types of lawsuits, says John Calhoun of Choate Hall & Stewart LLP.

  • What #MeToo Means For The Maritime Sector

    Susan Bickley

    The #MeToo movement has highlighted for employers in the maritime industry that they must ensure that seafarers and shore-based personnel experience a work environment free of sexual harassment and assault. Attorneys with Blank Rome LLP examine the unique legal framework that applies to sexual harassment in the maritime context, and how employers are currently addressing incidents and crafting proactive policies.

  • Reducing Retirement Saving Barriers For Gig Workers

    Brett Owens

    Workers in the gig economy are currently not entitled to enjoy a traditional employer-based retirement plan because such plans are subject to stringent rules and only permitted to cover employees, not independent contractors. However, Congress is attempting to address this issue via the recently reintroduced Retirement Enhancement and Savings Act, says Brett Owens of Fisher Phillips.

  • Creating A Better System For Employee Invention Assignment

    Albert Wong

    Whereas a traditional pre-invention assignment agreement focuses solely on assigning legal rights and duties, a more effective contractual approach would braid a traditional, legally enforceable PIAA with a voluntary system focused on enhancing employer-employee collaboration, says Albert Wong of Fish & Richardson PC.

  • New Medical Marijuana Challenges For Pa. Employers

    John McDonald

    As access to medical marijuana in Pennsylvania continues to grow — to date, 22 dispensaries have opened throughout the state — employers face fresh concerns about the impact of legalization on their operations as well as their obligations under the law, say John McDonald and Melissa Ferrara of Reed Smith LLP.

  • FCA Questions That High Court May Address Next Term

    Michael Waldman

    Although the U.S. Supreme Court has denied review on 12 False Claims Act-related petitions this term, at least six petitions raising FCA issues currently remain on the docket. And three of them appear to have already piqued the court’s interest, say Michael Waldman and Ralph Mayrell of Robbins Russell Englert Orseck Untereiner & Sauber LLP.