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Employment

  • June 26, 2019

    Huawei Took Startup's Secrets, Jury Finds, But Won't Be Fined

    Technology giant Huawei misappropriated the trade secrets of a former employee's startup, a Texas federal jury found Wednesday, declining to award any damages but putting to rest the two-and-a-half-year battle over who stole trade secrets from whom.

  • June 26, 2019

    Public Unions Still Strong As Janus Turns 1

    A year after the U.S. Supreme Court dealt public sector unions a potentially crippling blow when it curtailed their ability to collect so-called fair share fees in its 5-4 Janus decision, experts say fears that the ruling would be a death knell for public unions are proving unfounded.

  • June 26, 2019

    Ex-CKR Law Marketer Alleges Sexually Hostile Workplace

    The former marketing director for CKR Law LLP was "repeatedly subjected to a sexually hostile work environment," and was fired after she caught her assistant kissing a managing partner at the firm, according to a suit filed Wednesday in New York state court.

  • June 26, 2019

    Ex-Gibbons Associate's Sex Bias Claims Sent To Arbitration

    A former Gibbons PC associate accusing the firm of gender discrimination must hash it out with her onetime employer in arbitration, a Pennsylvania federal judge ruled Wednesday, finding that the lawyer was "well-positioned" to understand exactly what she was signing when she entered into the arbitration agreement at the time of her hiring.

  • June 26, 2019

    NJ Justices Won't Review $1.5M Verdict For Ex-MLB Analyst

    Former Phillies relief pitcher Mitch "Wild Thing" Williams can't score any more runs against the MLB Network now that the New Jersey Supreme Court declined Friday to take up a petition that likely sought additional damages, after Williams won a $1.5 million verdict for being fired over bad behavior at a youth game.

  • June 26, 2019

    Atlanta Braves Sued Over Worker's Death In Beer Cooler

    The widow of a man who died after being locked in a cooler at SunTrust Park has sued the Atlanta Braves and more than a dozen other companies that provide services at the ballpark, claiming they knew the cooler was faulty but never fixed it.

  • June 26, 2019

    Lionbridge Slams $300M Trade Secrets Suit As 'Frivolous'

    Translation company Lionbridge Technologies fired back at accusations that it had feigned interest in purchasing rival TransPerfect Global at a court-ordered auction just to lift the company's trade secrets, slamming the lawsuit as "frivolous" in Manhattan federal court on Wednesday.

  • June 26, 2019

    6th Circ. Says IHOP Can't Trash Ex-Worker's Indemnity Claims

    The Sixth Circuit has ruled that International House of Pancakes must face a former employee's claims that the eatery is responsible for her legal bills stemming from an FBI investigation into a franchisee, saying a jury should decide whether indemnity is required.

  • June 26, 2019

    Title VII Protects Us, LGBTQ Workers Tell Supreme Court

    The gay and transgender workers behind a trio of U.S. Supreme Court cases asking whether federal law shields LGBTQ workers from job discrimination filed their opening briefs Wednesday, arguing that Title VII’s ban on gender-based bias covers them.

  • June 26, 2019

    Jackson Hewitt Can't Write Off No-Poach Suit, Court Told

    Jackson Hewitt must face a proposed class action in New Jersey federal court over since-rescinded no-poach language in its franchise agreements, according to former workers, who say the company directly competes with its individual franchisees and thus can't claim a united front within the chain incapable of "conspiracy."

  • June 26, 2019

    Grand America Hotel Exploits Cultural Visa Interns, Suit Says

    Upscale hotel chain Grand America Hotels & Resorts is once again under fire for running afoul of immigration laws, as a group of former cultural exchange interns filed a federal lawsuit this week alleging the company uses an educational visa program to get cheap laborers for menial work. 

  • June 26, 2019

    Houston YMCA Escapes Ex-Employee's Discrimination Suit

    A Texas federal judge on Wednesday tossed a suit alleging the Houston-area YMCA fired a black manager because of her race, saying she didn’t have an answer to the pile of write-ups the fitness center cited to fire her.

  • June 26, 2019

    'Judge Shopping' Leads To New Trial In Investment Job Suit

    An investment adviser who won a trial over a rescinded job offer will now receive a new trial on damages after a New Jersey appeals court found Wednesday that the first trial judge created an “appearance of impropriety” by working behind the scenes to be assigned to the case.

  • June 26, 2019

    Geisinger Urges Pa. Panel To Ax $5.5M Wrongful Firing Award

    Geisinger Health System had the absolute right to fire an obstetrician who won a $5.5 million verdict against the hospital chain after claiming his termination violated the terms of his employment contract, a Pennsylvania appeals court heard Wednesday.

  • June 26, 2019

    Dems Float Bill To Strengthen Public-Sector Unions

    Congressional Democrats on Wednesday proposed a labor law overhaul that would let public-sector workers organize across the country, just shy of a year after the U.S. Supreme Court dealt public-sector unions a body blow in its Janus decision.

  • June 26, 2019

    Justices Uphold Deference To Regulators, With Caveats

    The U.S. Supreme Court on Wednesday refused to overturn a long-standing doctrine requiring judges to defer to an agency's interpretation of its regulations, but said that "Auer deference" should only be used in certain cases.

  • June 25, 2019

    High Court's Seaman Injury Decision A Boon For Shipowners

    The U.S. Supreme Court's recent ruling that an injured merchant seaman can't seek punitive damages based on the common-law maritime claim of unseaworthiness is a big win for shipowners, attorneys said, as it removes the uncertainty of punitive damages that many plaintiffs used as a bargaining chip during settlement negotiations.

  • June 25, 2019

    Appeals Court Revives Malpractice Suit Against Mass. Attys

    A Massachusetts appeals court on Tuesday revived a legal malpractice suit claiming two attorneys at a Gloucester firm specializing in personal injury cases negotiated poor settlements for a man who suffered a brain injury after an incident while working at a light tower.

  • June 25, 2019

    Texas Anti-SLAPP Law Can't Kill Trade Secrets Suit

    Texas’ law preventing lawsuits aimed at blocking free speech can’t stop a company from suing a former employee it alleges took trade secrets, a state appeals court has held, citing an exception to the law tied to commercial speech.

  • June 25, 2019

    MSG To Pay $1.3M To End Criminal Background Check Suit

    Madison Square Garden has reached a $1.3 million deal to end claims it used criminal conviction background checks from credit reporting agencies to deny employment to minority job applicants with criminal records without investigating the reports or giving prospective employees a chance to dispute them.

  • June 25, 2019

    DC Judge Gives Go-Ahead To H-2A Visa Challenge

    A D.C. federal judge on Monday refused to dismiss a lawsuit accusing the U.S. Department of Labor of abdicating its responsibility to ensure that foreign agricultural workers hired under a temporary visa program are paid a required "prevailing wage."

  • June 25, 2019

    9th Circ. Draws Battle Lines Over Religious Exemption

    The full Ninth Circuit on Tuesday declined to revisit a ruling allowing a fired Catholic school teacher who had cancer to sue the school for disability bias, which prompted a forceful rebuke from nine circuit judges who said the ruling creates a circuit split and cuts “deep into core constitutional bone” of religious protection.

  • June 25, 2019

    Misconduct Allegations Trumped Up, Fla. Regulator Claims

    A Florida banking regulator under siege for sexual harassment allegations filed suit Monday accusing a lobbyist and the state's chief financial officer of conspiring to embellish workplace misconduct stories to force him out, saying the maneuver was part of their “powerful but corrupt enterprise.”

  • June 25, 2019

    Doc Who Solicited Prostitute Sees $17.5M Arbitral Win Upheld

    A Washington state appeals court backed an arbitrator’s decision to hand a $17.5 million award to a neurosurgeon who was fired from a health provider after he didn't disclose his arrest for soliciting prostitution, rejecting arguments that his ex-employer didn’t get a fair shake at a hearing.

  • June 25, 2019

    Key Dem Won't Take Mexico 'At Its Word' On Labor Reforms

    The chairman of the House Ways and Means Committee’s trade panel warned Tuesday that passing the current version of the renegotiated North American Free Trade Agreement would simply take Mexico “at its word” to implement new labor reforms required by the deals, noting that this strategy has failed the U.S. in the past.

Expert Analysis

  • 'Fair Workweek' May Be Coming Soon To Chicago

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    Unlike most of the "fair workweek" laws in other cities, Chicago's proposed predictable schedule ordinance is not limited to the retail, hospitality and food and beverage sectors, or to large businesses with a requisite number of locations or employees, says Daniel Pasternak of Squire Patton.

  • Q&A

    A Chat With Ballard Spahr Diversity Chief Virginia Essandoh

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    In the final installment of this monthly series, legal recruiting expert Carlos Pauling from Major Lindsey & Africa talks with Virginia Essandoh about the trends and challenges she sees as chief diversity officer at Ballard Spahr.

  • Series

    Judging A Book: McMahon On 'Roosevelt For The Defense'

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    In "Theodore Roosevelt for the Defense," authors Dan Abrams and David Fisher meticulously chronicle the forgotten high-profile 1915 libel trial of Teddy Roosevelt, capturing the interesting legal customs of an era before things like notice pleading and pretrial discovery, says Chief U.S. District Judge Colleen McMahon of the Southern District of New York.

  • Burger King Franchisee Case Offers FMLA Reminders

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    An Alabama federal court's recent ruling against Burger King franchisee GPS Hospitality highlights the crucial importance of educating all employees on the requirements of the Family and Medical Leave Act and any applicable policies the employer may have regarding requests for FMLA leave, says Brock Phillips of Maynard Cooper.

  • New Scrutiny For NDAs In Sexual Harassment Matters

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    Recent government scrutiny of nondisclosure agreements related to allegations of sexual harassment and misconduct against Steve Wynn and Harvey Weinstein raises the question of whether some uses of NDAs could amount to obstruction of justice or a violation of lawyers' ethical obligations, say attorneys at Cleary.

  • 5 Lessons From JPMorgan's Parental Leave Litigation

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    In light of JPMorgan Chase's recent $5 million settlement in a class action alleging sex discrimination in its parental leave policy, employers should proceed with caution when it comes to policies that differentiate between primary and nonprimary caregivers, says Alexandra Harwin of Sanford Heisler.

  • What NY's New Sexual Harassment Bill Means For Employers

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    A bill recently passed in New York makes sweeping changes to standards for sexual harassment claims. Perhaps the most significant change is the elimination of the requirement that a plaintiff establish that harassment is “severe or pervasive," say Mark Konkel and Diana Hamar of Kelley Drye.

  • 3 Key Elements In Connecticut's Paid Family Leave Law

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    Connecticut’s General Assembly recently passed what appears to be the most generous paid family leave bill in the country. If signed by Gov. Ned Lamont it will implement a paid family leave insurance program, an approach that differs from several other states’ laws, say Sharon Bowler and Jason Stanevich at Littler.

  • How A Procedural Misstep Can Invalidate IRS Penalties

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    The U.S. Tax Court’s recent determination in Romano-Murphy v. Commissioner, that failure to provide a preassessment hearing invalidated IRS penalties, highlights important distinctions between key functions and personnel within the IRS Office of Appeals, say Michael Chittenden and Michael Lloyd at Covington.

  • Offshore Rig Ruling Checks State Claims At Shore

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    The U.S. Supreme Court's broad ruling in Parker Drilling v. Newton that federal — not state — wage laws apply to offshore oil workers is an important win for companies with operations on the Outer Continental Shelf, say attorneys at Paul Hastings.

  • An Ethics And Compliance Punch List For Gov't Contractors

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    The U.S. Department of Justice recently reiterated that it will not tolerate government contractors that lack a required business and ethics compliance program. With consequences so high, now is the time for companies that have fallen behind to catch up, say Robert Tompkins and Rodney Perry at Holland & Knight.

  • Illinois Law On Job Interview AI: What Employers Must Note

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    Illinois recently passed a law targeting employers' use of artificial intelligence in job interview videos, making it the first state to legislate the use of AI in the employment context. However, several ambiguities pose potential compliance challenges, says Gary Clark at Quarles & Brady.

  • What Employers Can Expect From NLRB's New Reg Agenda

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    The National Labor Relations Board recently outlined its rulemaking priorities. From union election "blocking charges" to standards for determining joint employer status, Lori Armstrong Halber at Reed Smith discusses the important details from each agenda item.

  • Government Contractor Compliance: 1 Size Can’t Fit All

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    Contractors that do business with federal, state and local government entities face an interesting — and intensifying — predicament: How to develop a comprehensive yet straightforward compliance program that satisfies varying laws in varying jurisdictions, say Jeniffer Roberts and Katherine Veeder at Alston & Bird.

  • 5 Ways Law Firms Can Improve Their Job Interviews

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    When evaluating potential new hires, law firms should utilize structured interviews in order to create a consistent rating system that accurately and effectively assesses candidates' skills and competencies, says Jennifer Henderson of Major Lindsey.