Employment

  • September 13, 2019

    SC Lawmakers To Follow Calif. With NCAA Athlete Pay Bill

    The ripple effect from California lawmakers approving a bill to allow college athletes to be paid for sponsorships is being felt on the East Coast as a pair of South Carolina state lawmakers say they plan to introduce a similar measure to challenge the NCAA's amateur college sports rules.

  • September 13, 2019

    Lyft Rips Driver's Ploy To Dodge Arbitration In FLSA Suit

    Lyft Inc. moved to shut down a California driver's proposed class claims the ride-hailing company flouted state labor laws and the Fair Labor Standards Act, saying his lawyers are pulling "wrongheaded" moves to get around arbitration.

  • September 13, 2019

    UFC, Fighters Trade Blows Ahead Of Class Cert. Decision

    The Ultimate Fighting Championship and fighters suing it over an anti-competitive “scheme” that allegedly keeps their earnings low have just traded some of the most important blows in the potentially multibillion-dollar case, with each side trying to knock out the other’s experts ahead of a class certification decision.

  • September 13, 2019

    Judge Orders DOD To Turn Over Docs In 'Trans Ban' Case

    The Pentagon has not yet done enough to claim deference for a plan underpinning its contentious transgender policy and can't use a deliberative process exemption to shield documents that helped to form that plan, a Washington, D.C., federal judge ruled Friday.

  • September 13, 2019

    NJ Judge Lets Vertical-Farm Worker's 'Vague' Claims Proceed

    A New Jersey federal judge has refused to toss a workplace discrimination lawsuit against an indoor vertical-farming company, ruling that the former worker sufficiently, if “barely” at times, alleged she received poor treatment compared to white, male colleagues because she was a black woman.

  • September 13, 2019

    United Auto Workers Exec Hit With Embezzlement Charges

    A United Auto Workers executive board member was arrested Thursday and accused of embezzling hundreds of thousands of dollars in union money to pay for pricey golf equipment, rental villas with private pools, meals at high-end restaurants and expensive booze, according to federal prosecutors.

  • September 13, 2019

    Ex-AT&T Worker Can't Proceed Collectively In Age Bias Suit

    A laid-off AT&T employee can't include other colleagues in her lawsuit claiming the telecommunications giant discriminated against older workers by having them sign an invalid release of claims, a Pennsylvania federal judge has ruled, saying she missed her chance to pursue a collective action.

  • September 13, 2019

    6th Circ. Serves Steak 'N Shake A Victory In COBRA Suit

    The Sixth Circuit handed Steak 'n Shake a win Friday, reversing a lower court decision and finding the restaurant chain didn't have to notify a worker of her right to continued health coverage after she suffered an on-the-job knee injury.  

  • September 13, 2019

    Google Slams Worker's 'Unmanageable' PAGA Suit

    Google urged a California judge Friday to pause discovery in an employee’s lawsuit alleging it recruits diverse candidates by misrepresenting the jobs they will perform, arguing discovery will be "inherently unmanageable" if his Private Attorneys General Act claims aren’t narrowed first.

  • September 13, 2019

    Dynamex Drivers Get Cert. In Mass. Misclassification Row

    A driver who delivered packages for Google through a complex scheme run by Dynamex won certification of his employment misclassification class action against the courier service Friday in Massachusetts federal court, but couldn’t notch a quick win under a worker status test like the one California just passed.

  • September 13, 2019

    Medicaid Fraud Claims Against Bon Secours Trimmed

    A Manhattan federal court on Friday trimmed a whistleblower’s lawsuit accusing Bon Secours New York Health System of overbilling the government for Medicaid and Medicare reimbursements.

  • September 13, 2019

    EEOC Roundup: Epilepsy Bias Suits, Rehab Center Settlement

    This week, the U.S. Equal Employment Opportunity Commission filed two suits challenging businesses that fired epileptic workers who had seizures on the job, accused a pair of car dealerships of race and sex discrimination, and struck a six-figure deal with a drug rehab center it said allowed patients to lob racist slurs at black workers.

  • September 13, 2019

    King & Spalding Snags Ex-Kirkland Labor Pro In DC

    King & Spalding LLP has bolstered its ranks in D.C. with a former Kirkland & Ellis LLP attorney and ex-National Labor Relations Board special counsel who specializes in helping clients navigate the labor and employment facets of mergers and acquisitions.  

  • September 13, 2019

    NLRB Wraps Up Busy Summer With A Flurry Of Rulings

    The National Labor Relations Board’s Republican majority capped off a busy summer with a spate of employer-friendly decisions touching on unilateral contract changes, employers’ property rights and disputes over bargaining unit scope, adding an exclamation point to a four-month run that reshaped the labor law landscape.

  • September 13, 2019

    Rising Star: Sanford Heisler's Kate Mueting

    Sanford Heisler Sharp LLP partner Kate Mueting has guided lawyers and female professionals in numerous other industries through gender discrimination class actions against high-profile employers like KPMG and Jones Day, earning her a spot among the five employment lawyers under age 40 honored by Law360 as Rising Stars.

  • September 13, 2019

    6th Circ. Won't Tee Up Trial For Worker Fired For Golfing

    A former mine worker who was fired after being caught golfing on several days in which he took intermittent medical leave for shoulder pain couldn't convince the Sixth Circuit to revive his retaliation suit, with the appellate court saying Friday that he was justifiably ousted for abusing his Family and Medical Leave Act rights.

  • September 13, 2019

    11th Circ. Backs Massage Envy In EEOC Suit Over Ebola Risk

    Massage Envy didn't violate federal discrimination law when it fired a massage therapist because she planned a trip to Africa and could have contracted Ebola, the Eleventh Circuit has ruled, saying the Americans with Disabilities Act doesn't protect workers with potential future disabilities.

  • September 13, 2019

    Amazon Driver Gets Green Light To Appeal Arbitration Order

    An Amazon delivery driver can pursue a fast-tracked appeal of an arbitration order in her suit alleging the e-commerce titan shorted her wages, meals and rest periods, a California federal judge said Thursday, adding that the Ninth Circuit should address whether a Federal Arbitration Act exemption covers the driver.

  • September 12, 2019

    PennDOT Worker's Online Rant Faces Pa. Justice's Scrutiny

    A member of the Pennsylvania Supreme Court suggested during oral arguments Thursday that a woman’s status as a worker for the state’s Department of Transportation was key in determining whether she deserved to be fired over a Facebook post stating she would “gladly smash into a school bus.”

  • September 12, 2019

    ‘Resident Evil’ Stuntwoman Who Lost Arm During Scene Sues

    The producers of "Resident Evil: The Final Chapter" put profits above the safety of the film's cast and crew, a stuntwoman alleges in a lawsuit filed in Los Angeles, saying they reneged on a promise to pay her medical costs after she lost her arm in a horrific on-set accident.

  • September 12, 2019

    Writers Guild Blasts 'Misrepresentations' By Talent Agencies

    The Writers Guild of America is pushing back on claims that it’s delaying litigation in its attack on fee structures used by major Hollywood talent agencies, telling a California federal court it’s trying to find an orderly way to hash out competing antitrust allegations in three related cases.

  • September 12, 2019

    NLRB Memo Tackles Nursing Facility's Social Media Rules

    A Pennsylvania nursing facility flouted federal labor law by prohibiting employees from posting false or inaccurate information about their employer on social media since it could discourage people from speaking out about work-related concerns, the National Labor Relations Board said in one of three guidance memos released Thursday.

  • September 12, 2019

    Adam & Eve Stores Won't Hire Male Sales Reps, EEOC Says

    Adam & Eve, a North Carolina-based sex toy company, refuses to hire men for sales associate positions in its retail stores, discriminating against them because of their sex with "reckless indifference" to their federally protected rights, according to a suit filed by the Equal Employment Opportunity Commission Thursday.

  • September 12, 2019

    3rd Circ. Offers Gig Workers Tool To Blunt Arbitration Pacts

    Gig economy workers who can prove they're engaged in interstate commerce have new leverage to argue they can pursue employment disputes in court, after the Third Circuit held that an arbitration exemption applies to drivers transporting passengers, not just goods.

  • September 12, 2019

    6th Circ. Axes Workers' Fiat Chrysler-UAW Collusion Suit

    The Sixth Circuit on Thursday ruled that Fiat Chrysler workers don't have a right to sue the company and the United Automobile Workers for colluding against their interests during collective bargaining, affirming a lower court's decision that the employees have not demonstrated any breach of their union contract.

Expert Analysis

  • To Defer Or Not To Defer: Kisor's Impact On Tax Controversies

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    Three recent federal tax cases show how the U.S. Supreme Court's June decision in Kisor v. Wilkie, substantially restricting agency deference, is affecting interpretation of the many regulations and guidance issued post-tax reform, say Andrew Roberson and Kevin Spencer at McDermott.

  • Mich. Bill Adds To States' Trend Of Limiting Noncompetes

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    Although a recently introduced bill that would ban noncompetes in Michigan is unlikely to become law anytime soon, a restriction with respect to low-wage employees is likely at some point based on the nationwide trend of limiting these types of agreements, say Bernie Fuhs and Ziyad Hermiz at Butzel Long.

  • The Factors Courts Consider In Deposition Location Disputes

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    In the absence of a federal rule governing deposition location, federal courts are frequently called on to resolve objections to out-of-state deposition notices. Recent decisions reveal what information is crucial to courts in making the determination, says Kevin O’Brien at Porter Wright.

  • Opinion

    NFL Discipline Process Shouldn't Apply To Off-Field Conduct

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    This week, the NFL opened an investigation into New England Patriots wide receiver Antonio Brown after he was accused of sexual assault in a Florida federal court case, but the NFL should get out of the business of discipline for off-field behavior — for five reasons, says Ronald Katz at GCA Law Partners.

  • 9th Circ. Could Mend Split On Class Rules For PAGA Claims

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    There is reason to doubt the position of California district courts that decline to apply federal class action requirements to representative Private Attorneys General Act claims, an issue that has created a divide that the Ninth Circuit is poised to resolve in Canela v. Costco, say Felix Shafir and John Querio at Horvitz & Levy.

  • Gov't Win In AseraCare FCA Case Benefits Both Sides

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    While Monday’s Eleventh Circuit decision in United States v. AseraCare provides the government the opportunity to continue litigating its claims, False Claims Act defendants will undoubtedly take refuge in the less plaintiff-friendly falsity standard articulated by the court, say Derek Adams at Feldesman Tucker and Erica Blachman Hitchings at the Whistleblower Law Collaborative.

  • What To Consider Before Filing For A Rule 57 Speedy Hearing

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    Federal Rule of Civil Procedure 57 and its state counterparts provide a method for expediting claims for declaratory judgment that warrants closer attention than it has historically received from litigants and courts, say attorneys at Gibson Dunn.

  • Aviation Watch: Assessing Pilot And Airline Fault In Crashes

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    While much discussion of the Ethiopian Airlines and Lion Air Boeing 737 Max crashes has focused on the planes' technology, the competence of the airlines and flight crews involved is also under scrutiny — raising questions about how far manufacturers must go in assessing the capabilities of pilots and operators, says Alan Hoffman, a retired attorney and private pilot.

  • Evolving No-Poach Landscape Requires A Vigilant Eye

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    As class actions challenging no-poach agreements are pending against multiple franchise organizations and the applicable analytical standard for analyzing such provisions hangs in the balance, it's a good time to review the current framework, say Bob Buchanan and Stefano Sharma at Choate.

  • Yale Case Reminds Employers Of Key Wellness Program Risk

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    As highlighted by Kwesell v. Yale University, a class action recently filed in a Connecticut federal court, wellness programs that include penalties for nonparticipation may always face legal risks and challenges under the Americans with Disabilities Act and the Genetic Information Nondiscrimination Act, says Chad DeGroot at Laner Muchin.

  • Series

    Why I Became A Lawyer: Expanding The Meaning Of Diversity

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    My conservative, Catholic parents never skipped a beat when accepting that I was gay, and encouraged me to follow my dreams wherever they might lead. But I did not expect they would lead to the law, until I met an inspiring college professor, says James Holmes of Clyde & Co.

  • Background Check Best Practices After 5th Circ. EEOC Ruling

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    Although the Fifth Circuit’s ruling in Texas v. U.S. Equal Employment Opportunity Commission — striking down the EEOC’s guidance on background checks — is seemingly favorable for employers, they should still exercise caution when making hiring decisions based on an applicant’s felony conviction, say Paula Ardelean and Robin Taylor at Butler Snow.

  • An Unusual Arbitration Issue Emerges After Henry Schein

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    Following the U.S. Supreme Court’s Henry Schein opinion and more recent lower court rulings on employee arbitration agreements, employers will need to consider the intersection of delegation clauses that allow only an arbitrator to decide what is arbitrable and carve-out clauses that allow certain issues to be decided in court, says Brian Mead at McDermott.

  • The Rise Of Criminal Enforcement For Trade Secret Theft

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    Following the recent federal indictment of a former Uber executive on allegations of trade secret theft — the latest sign that the government is increasingly pursuing criminal prosecution for these crimes — companies should consider the risks and complications of both civil litigation and criminal prosecution when seeking to protect their own trade secrets, says Mindy Morton of Procopio Cory.

  • How The Wayback Machine Can Strengthen Your Case

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    The Wayback Machine, which archives screenshots of websites at particular points in time, can be an invaluable tool in litigation, but attorneys need to follow a few simple steps early in the discovery process to increase the odds of being able to use materials obtained from the archive, says Timothy Freeman of Tanenbaum Keale.