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Employment

  • December 6, 2018

    Justices Told Corp. Campaign Money Ban Unconstitutional

    Two Massachusetts small businesses have urged the U.S. Supreme Court to take up their challenge to a state ban on corporate contributions to political campaigns, calling the law “unfair” since the prohibition doesn’t extend to labor union contributions.

  • December 6, 2018

    Janus Doesn't Change Outcome Of Union Fee Suit: 7th Circ.

    The U.S. Supreme Court's ruling that public nonunion employees are safe from paying so-called fair-share fees doesn't change the fact that a group of home health care workers can't challenge their union fees collection as a class, the Seventh Circuit held Thursday.

  • December 6, 2018

    VW Worker Urges Court To Block Alleged Age Discrimination

    A Volkswagen employee alleging that the company implemented a policy to shed older workers as part of a rebranding strategy urged a Tennessee federal judge Thursday to order the automaker not to carry out the plan or keep him from advancing in his career.

  • December 6, 2018

    Appeals Court Backs Texas Tech U In Doc Row With Journalist

    A Texas appeals court has sided with Texas Tech University in its spat with an investigative journalist, ruling that a trial court was wrong to deny the school’s challenge to its jurisdiction.

  • December 6, 2018

    Data-Driven Lawyer: Ogletree's Evan Moses

    Ogletree's Evan Moses uses unconventional strategies to boost the firepower of his class action practice, including a homegrown Monte Carlo algorithm, earning him a spot on our 2018 list of Data-Driven Lawyers.

  • December 5, 2018

    Calif. Justices Hear Payroll Cos.' Wage Liability Appeal

    Payroll services provider ADP LLC urged an en banc California Supreme Court panel on Wednesday to reverse a lower court's ruling allowing employees to pursue tort claims against payroll providers for alleged wage violations, arguing the decision could have "profound ramifications on the industry."

  • December 5, 2018

    NLRB Won't Nix Claim Over Applebee's Arbitration Provision

    The National Labor Relations Board held Tuesday that allegations concerning the language in a 2011 arbitration agreement from an Applebee's franchisee flouted the National Labor Relations Act weren’t time-barred, though the board did deny the NLRB general counsel’s bid for a quick win on the claim.

  • December 5, 2018

    $2.8M Judgment Still Gone, But Oil Worker Gets New Trial

    A Texas appeals court has revised an earlier ruling that wiped out a $2.8 million judgment for an offshore oil rig worker injured on the job, saying the worker is entitled to a new trial “in the interest of justice.”

  • December 5, 2018

    Swanky NY Club Made Women, Not Men, Share Tips: Suit

    A former cocktail waitress at the Rose Bar, an exclusive Manhattan nightclub known for its celebrity clientele, said in a proposed class action filed Tuesday that the club’s management required the women — and only the women — to share their tips with male coworkers, telling the women it was because “you girls make too much money.”

  • December 5, 2018

    BP's Ban Of Worker Who Suffered Stroke Not Bias: 6th Circ.

    A BP PLC unit’s decision to bar an employee from returning to work after a stroke didn’t amount to disability discrimination because the company was following the opinions of two different doctors, the Sixth Circuit found in a decision on Tuesday throwing out the worker’s suit.

  • December 5, 2018

    KPMG Ruling Casts Skeptical Light On Dukes Decision

    A footnote in a recent ruling rejecting class certification in a long-running pay equity suit against accounting giant KPMG posed an intriguing question: Does the U.S. Supreme Court's Wal-Mart v. Dukes decision have a blind spot when it comes to "implicit bias" and pay decisions?

  • December 5, 2018

    UChicago Must Bargain With Student Library Workers: NLRB

    The University of Chicago must recognize the collective-bargaining rights of students employed at the school’s libraries, despite the university’s contention that federal labor law doesn’t give the students the right to unionize, the National Labor Relations Board ruled Tuesday.

  • December 5, 2018

    Atty Wants To Send Ex-Partner Fee Row To Mass. State Court

    An attorney sued over unpaid fees by a former partner who was suspended after serving time for an assault conviction filed a motion Tuesday in Massachusetts federal court to remand the case to state court after retaining new counsel that argues federal courts no longer have jurisdiction over the matter.

  • December 5, 2018

    Papa John’s Sued Over Blanket No-Poach Agreements

    A former Papa John’s worker has sued the chain in New York federal court in the latest proposed class action to target allegedly anti-competitive deals prohibiting fast-food franchise members from poaching workers, with the new complaint contending Papa John’s’ deals are even worse than other no-poach agreements already dubbed "per se" illegal.

  • December 5, 2018

    Health Co. Coughs Up $1.75M To End EEOC Pregnancy Suit

    A California federal judge on Wednesday signed off on a $1.75 million deal ending the U.S. Equal Employment Opportunity Commission’s suit accusing the Family HealthCare Network of illegally discriminating against pregnant employees.

  • December 5, 2018

    Restaurant Groups Call Foul On NYC's Fair Workweek Law

    Three restaurant industry groups have lobbed a challenge against New York City’s Fair Workweek Law requiring fast-food businesses to give employees a two-week advance notice of work schedules, urging a state court to declare that state labor law governs restaurant scheduling.

  • December 5, 2018

    Data-Driven Lawyer: Kilpatrick Townsend's Kate Gaudry

    Kilpatrick Townsend’s Kate Gaudry has used data analytics to supercharge her patent prosecution practice, uncover winning strategies for portfolio management and expose a secretive U.S. Patent and Trademark Office program, earning her a spot on our 2018 list of Data-Driven Lawyers.

  • December 4, 2018

    'I Am Not Co-Plaintiff Counsel,' Judge Scolds At Walmart Trial

    Counsel for a class of Walmart workers seeking more than $200 million for missed meal breaks and incomplete pay stubs was chastised by U.S. District Judge Lucy Koh at the end of a bench trial Tuesday for asking her to look for evidence in the record, at one point snapping, "I am not co-plaintiff counsel.”

  • December 4, 2018

    Canning Whistleblower Wasn't A Fiduciary Breach: 9th Circ.

    A Ninth Circuit panel offered a mixed ruling Tuesday in a U.S. Department of Labor suit against a union's former business manager accused of conspiring with his lover — the union benefit funds' attorney — to force out a whistleblower, deciding that retaliation occurred but not a fiduciary breach.

  • December 4, 2018

    DOL's Teen Workers Data Misleading, Think Tank Says

    The U.S. Department of Labor misconstrued a survey it used to justify proposing a rollback of a rule limiting the work teenagers can perform in nursing homes and hospitals, the National Employment Law Project said Monday, touting its copy of data it said the agency withheld.

Expert Analysis

  • The Future Of Paid Leave In Texas And Beyond

    Steve Roppolo

    At least 29 Texas lawmakers have vowed to introduce legislation in January that would prohibit local governments from implementing paid sick leave ordinances. However, it likely would not let employers completely off the hook, as U.S. workers may see some form of federal paid leave soon, says Steve Roppolo of Fisher Phillips.

  • Will High Court Resurrect The Nondelegation Doctrine?

    William Araiza

    Gundy v. U.S. is a case that hinges on the nondelegation doctrine. The oral argument featured U.S. Supreme Court justices seemingly stretching to find the “intelligible principle” required to legitimate a congressional delegation of authority to a federal agency, says William Araiza of Brooklyn Law School.

  • E-Scooters May Present New Challenges For Employers

    Sue Schaecher

    Is an employer liable to an employee who gets injured or injures someone else while using an electric scooter for business purposes? As this mode of transportation's popularity continues to grow, Sue Schaecher of Fisher Phillips discusses how employers can reduce exposure to liability and steps they can take to protect employees.

  • The Future Of LGBT Protections: Will High Court Weigh In?

    Allison Oasis Kahn

    The U.S. Supreme Court will soon decide on three pending petitions for certiorari involving questions of sexual orientation and transgender status as a subset of unlawful “sex” discrimination. Allison Oasis Kahn of Carlton Fields examines how the court's involvement could affect the administration’s push to narrow LGBTQ protections.

  • Revised DOL Form Will Impact Upcoming H-1B Cap Season

    Miatrai Brown

    The U.S. Department of Labor recently issued a new edition of its Labor Condition Application — a prerequisite for the proper filing of an H-1B petition — prompting several changes that will impact future filings, says Miatrai Brown of Erickson Immigration Group.

  • Jurors Should Ask More Questions During Trials

    Matthew Wright

    Permitting jurors to submit written questions, or even to pose questions orally to witnesses on the stand, advances several important goals and promotes both fairness and efficiency, says Matthew Wright of McCarter & English LLP.

  • Opinion

    A Call For Nationwide Consistency On Noncompetes

    Steven Kayman

    There is something to be said for and against all of the various approaches taken to address the nettlesome problem of noncompetes. But little can be said to justify what we now have — a complex quilt work of varying laws and rules, say Steven Kayman of Proskauer Rose LLP and Lauren Davis, a law clerk with the New Jersey Superior Court​​​​​​​.

  • Calif. Ruling Dings Engagement Letter Arbitration Clauses

    Sharon Ben-Shahar Mayer

    The California Supreme Court's recent decision in Sheppard Mullin v. J-M Manufacturing has cast doubt on arbitration clauses in attorney engagement agreements, jeopardizing the efficient resolution of malpractice claims and fee disputes, say Sharon Ben-Shahar Mayer and Mark Drooks of Bird Marella Boxer Wolpert Nessim Drooks Lincenberg & Rhow PC.

  • Why We Should Be Interested In The New HRA Regulations

    Elliot Dinkin

    A recent proposal to expand the use of employer-funded health reimbursement arrangements is part of a larger shift from defined benefit to defined contribution health plans. The change would give employers greater flexibility in structuring such plans, thus increasing the options available to employees, says Elliot Dinkin of Cowden Associates Inc.

  • The Latest On Right-To-Work Laws And Union Representation

    David Miller

    With its recent decision in Fred Zuckerman v. Matthew G. Bevin, the Kentucky Supreme Court upheld the constitutionality of the state right-to-work law passed in 2017. David Miller of Bryant Miller Olive PA discusses the implications for unions, especially in light of the U.S. Supreme Court's Janus decision.