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Employment

  • May 25, 2018

    Fired Recruiter Must Arbitrate Bias Claim In NY: NJ Court

    The New Jersey Appellate Division ruled Friday that a fired hospital recruiter must arbitrate his discrimination claim in New York state because the arbitration clause and forum selection provision in his work contract "clearly and unambiguously" specified as much.

  • May 25, 2018

    Online Thrift Store Didn't Warn Of Mass Layoff, Suit Says

    Swap.com Inc. was hit with a proposed class action in Illinois federal court Friday alleging that the online consignment and thrift store violated federal employment law by laying off nearly 200 workers without giving them proper notice.

  • May 25, 2018

    Turkish Cos. Must Face Dow Suit Over Paint Trade Secrets

    A trade secret suit brought by Dow Chemical Co. against a group of Turkish companies over developments in paint technology survived a motion to dismiss Friday with a Delaware Chancery Court judge finding that Dow’s complaint adequately pled its claims.

  • May 25, 2018

    Ex-BigLaw Atty Convicted Of Wife's Murder Faces Civil Suit

    The former Fisher Phillips employment partner sentenced to life in prison earlier this week for the shooting death of his wife has been hit with a civil lawsuit in Georgia state court by the administrator of his wife’s estate.

  • May 25, 2018

    New Calif. Law Leaves Contractors With Unanswered Questions

    Since the start of the year, California construction contractors have been bound by a new law that puts them on the hook for unpaid wages owed to their subcontractors’ employees, a change praised by worker advocates but eyed warily by builders.

  • May 24, 2018

    Security Co. Will Face New Trial Over Guard's PAGA Claims

    Securitas Securities Services USA Inc. must face a new trial brought by an ex-guard who accused the company of violating California’s labor laws under the Private Attorneys General Act, even though only one alleged violation personally affected him, a California state appellate court ruled Wednesday.

  • May 24, 2018

    Bryan Cave Partner Exits LabMD's Cover-Up Suit, For Now

    A New York federal judge Thursday dismissed without prejudice a cover-up suit that a cancer screening lab brought against Bryan Cave Leighton Paisner LLP and a partner just a few weeks ago, finding that LabMD Inc. failed to adequately plead subject matter jurisdiction.

  • May 24, 2018

    Chrysler Pushes Bulk Of Race Bias Claimants Into Arbitration

    Fiat Chrysler won a bid to push the bulk of a racial discrimination proposed class action into individual arbitration, according to a Michigan federal judge's ruling Thursday that found the U.S. Supreme Court's recent decision in Epic Systems bars the employees from arbitrating their bias claims as a class.

  • May 24, 2018

    Chicago Cubs Must Hand Over Emails In Scout's Firing Suit

    The Chicago Cubs will have to provide a scout they fired with unredacted emails that may help his case alleging he was dismissed for missing work because of surgery, a California federal judge ruled Thursday, saying the emails will elucidate questions of how the club treated similarly situated workers.

  • May 24, 2018

    Time Warner Can't Shake $160K Bias Verdict, 9th Circ. Says

    The Ninth Circuit on Thursday affirmed a $160,000 jury verdict against Time Warner Cable in an ex-worker's disability discrimination suit, saying the jury was consistent in finding the company had failed to engage in an interactive process with the worker even if it did provide reasonable accommodations.

  • May 24, 2018

    Class Action Claiming Illegal Tip Pool Stays In Fed. Court

    A Hawaii federal judge denied a bid by a former waiter at a restaurant group to move back to state court his proposed class action claiming his ex-employer used illegal tip pooling practices, ruling Wednesday that the group's removal of the case was proper.

  • May 24, 2018

    Seeger Weiss Gets $52M Of $85M NFL Concussion Suit Fees

    A Pennsylvania federal judge distributed more than $85 million in fees to the class attorneys in the NFL concussion suit Wednesday, including a nearly $52 million share for co-lead class counsel Seeger Weiss LLP.

  • May 24, 2018

    Alabama Hospital Beats Ex-Accounts Clerk's Harassment Suit

    An Alabama health network fired an accounts clerk for giving board members’ personal email addresses to a debt collector, not because she complained to the U.S. Equal Employment Opportunity Commission about being sexually harassed by her boss, an Alabama federal judge said in an opinion filed Thursday.

  • May 24, 2018

    Costco Worker's Group PAGA Claim Survives In Federal Court

    A Costco employee can bring in federal court her Private Attorneys General Act claim as a representative of others in her suit alleging the wholesaler flouted state labor law by not providing seating to greeters, a California federal judge ruled, finding that PAGA’s qui tam aspects provided standing.

  • May 24, 2018

    Maritime Co. Tries To Revive $2.5M Antitrust Defense Fight

    Crowley Maritime Corp. urged the Eleventh Circuit to revive the shipping company's lawsuit to force an AIG unit to cover the $2.5 million that Crowley shelled out to defend a subsidiary's former executive against antitrust allegations, asserting Thursday that it provided timely notice of the claim to the insurer.

  • May 24, 2018

    5th Circ. Tosses Suit Over Body Cavity Searches At Border

    The Fifth Circuit ruled Wednesday that an American citizen who was subjected to intrusive body cavity searches while crossing the southern border cannot sue the state medical staff who conducted the exams, finding that their conduct did not violate clearly established law at the time.

  • May 24, 2018

    Texas Judge Fired Staffer Over Facebook Posts, Suit Says

    A longtime executive assistant and secretary for the Texas Court of Criminal Appeals has sued it and Judge Kevin Yeary in federal court for allegedly violating her free speech rights by firing her over her politically tinged Facebook posts.

  • May 24, 2018

    Mass. Police Can't Escape Background Check Racial Bias Suit

    The Massachusetts State Police were denied a quick win Thursday by a federal judge in a suit claiming racial bias led to an African-American man being denied a spot as a trainee after one of its troopers said he lied during a background interview. 

  • May 24, 2018

    Boston Jury Awards Nurse $28M In Hospital Retaliation Suit

    A 70-year-old Haitian-American nurse won a $28 million retaliation jury verdict on Wednesday in a suit against a renowned Boston hospital after claiming the hospital wrongly started investigating her for allegedly poor patient care after she came to the aid of another nurse she believed was being verbally abused.

  • May 24, 2018

    Elon Musk Tweets Threaten Tesla Workers, Auto Union Claims

    Tesla Inc. CEO Elon Musk violated federal labor law in a recent tweet suggesting the company’s workers would lose their stock options if they unionized, the United Auto Workers union alleged in a charge filed with the National Labor Relations Board.

Expert Analysis

  • Post-Dynamex Considerations For Calif. Health Care Cos.

    Gregg Fisch

    Now that the California Supreme Court's lengthy opinion in Dynamex Operations West v. Superior Court of Los Angeles County has been digested, there are two main employee classification questions for California health care companies, say Gregg Fisch and Aytan Dahukey of Sheppard Mullin Richter & Hampton LLP.

  • Role Of The Mediator In The Age Of #MeToo

    Linda Singer

    As mediators, we have witnessed an increase in workplace sexual harassment complaints over the past six months, triggered, no doubt, by the #MeToo movement. And this movement has also affected the way in which these cases are mediated, say Linda Singer and Carol Wittenberg of JAMS.

  • Business As Usual For Employers After Epic Systems Opinion

    Veronica Gray

    While the U.S. Supreme Court's decision Monday in Epic Systems v. Lewis is a decisive win for employers, it simply preserves the status quo in wage and hour litigation and reaffirms the ability of employers to avoid costly class actions by requiring employees to sign arbitration agreements containing class action waivers as a condition of employment, say Veronica Gray and Allison Callaghan of Nossaman LLP.

  • ​A Wage-Analysis Primer For Antitrust Attorneys: Part 2

    Stephen Bronars

    Four challenges often arise in modeling wages for pay discrimination cases, and modeling wages across multiple firms in a no-poaching context further complicates matters, say Stephen Bronars and Deborah Foster of Edgeworth Economics LLC.

  • Employee Choice Doctrine — Alive And Well In NY

    Jerome Coleman

    While the fate of recent bills seeking to prohibit or severely limit employment restrictive covenants is uncertain at best, in New York the employee choice doctrine remains a useful tool in the employer arsenal for restricting post-employment competition if the groundwork is properly created and administered, says Jerome Coleman of Putney Twombly Hall & Hirson LLP.

  • ​A Wage-Analysis Primer For Antitrust Attorneys: Part 1

    Stephen Bronars

    As the U.S. Department of Justice's Antitrust Division attempts to prosecute no-poach and wage-fixing agreements, the wage analyses that are frequently used in employment discrimination cases will become increasingly relevant in the antitrust arena, say Stephen Bronars and Deborah Foster of Edgeworth Economics LLC.

  • Hidden Challenges In Applying New DOL Break Time Guidance

    Kevin Johnson

    The U.S. Department of Labor recently released an opinion letter that says breaks taken as part of intermittent leave under the Family and Medical Leave Act do not need to be compensated. However, it contains a troublesome caveat that threatens to destroy any clarity the letter might otherwise bring to the analysis, says Kevin Johnson of Johnson Jackson LLC.

  • 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 shock waves 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.