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Employment

  • December 4, 2018

    High Court Urged To Deal Fresh Blow To Public Unions

    A Minnesota college professor urged the U.S. Supreme Court on Tuesday to rule that the state violated her constitutional rights by forcing her to associate with a union, teeing up a legal challenge in which the high court’s recent Janus ruling could be used as a sword to cut down public unions’ exclusive representation rights.

  • December 4, 2018

    5 Key Questions As DOJ Torpedoes Gilead FCA Suit

    The U.S. Department of Justice’s bombshell move to let Gilead Sciences Inc. escape a multibillion-dollar False Claims Act suit is sparking speculation about the DOJ’s motivations and the implications for similar suits alleging regulatory violations. Here are five important questions raised by the DOJ’s move.

  • December 4, 2018

    Amazon Can't Duck Bias Claims Over Job Ads, Judge Hears

    Amazon, T-Mobile and other national employers violated age bias laws by aiming Facebook job ads at younger workers even if they didn’t block older workers from applying, three older job seekers said Monday in a memo urging a California federal judge not to dismiss their proposed class suit.

  • December 4, 2018

    Shell Plan Aims To Tie Carbon Reduction Efforts To Exec Pay

    Royal Dutch Shell PLC has announced a plan to tie its short-term carbon reduction goals to how much its executives get paid, a move applauded by a group of investors in the oil and gas giant.

  • December 4, 2018

    NLRB Memo OKs Withholding Tax Break Info From Union

    The National Labor Relations Board general counsel's office unveiled two advice memos Monday, including one finding that Nexstar Media Group Inc. didn’t break labor law by refusing to tell a union how much the company saved because of the federal government’s recent tax overhaul and how it would use that money.

  • December 4, 2018

    Anaheim Ducks' Arbitration Win Over Ex-Risk Manager OK'd

    A California appeals court affirmed an arbitration decision in favor of Anaheim Ducks Hockey Club LLC against a former risk manager for the team who alleged he'd been forced to resign, finding the declaratory relief given to the Ducks was proper and within the arbitrator's purview.

  • December 4, 2018

    NJ Senate To Weigh Bill On Hotel Worker 'Panic Buttons'

    A New Jersey Senate panel on Monday advanced a bill that would require hotels to give portable "panic buttons" to housekeeping staff and room service employees to protect them from assault and sexual harassment by guests and co-workers.

  • December 4, 2018

    NJ Workers' Comp Carriers Can Recoup From Third Parties

    A New Jersey state appeals court ruled Tuesday in a published decision that employers can obtain reimbursement from those who caused an accident leading to a workers’ compensation claim even if the employee cannot, handing a victory to a Garden State transit agency in a suit stemming from a worker’s on-the-job car crash.

  • December 4, 2018

    Airline Group Urges Justices To Hear Wash. Family Leave Row

    A leading airlines lobbying group on Monday urged the U.S. Supreme Court to reverse an en banc Ninth Circuit decision that an Alaska Airlines flight attendant’s fight to use accrued vacation days for family medical leave purposes wasn’t preempted by federal law.

  • December 4, 2018

    Data-Driven Lawyer: Littler's Scott Forman

    Littler Mendelson PC shareholder Scott Forman's innovative case management platform helps his firm analyze litigation data, craft defense strategies, predict outcomes and greatly reduce client costs, earning him a spot on our 2018 list of Data-Driven Lawyers.

  • December 4, 2018

    NYC Approves Base Pay Rules For Uber, Lyft Drivers

    New York City officials voted Tuesday to establish a first-of-its-kind minimum pay rate for drivers who drive for app-based ride-hailing companies such as Uber and Lyft, ensuring they’ll be paid a standard rate for trips, which officials say will help support a livable wage.

  • December 4, 2018

    1st Circ. Focuses On Extortion Benefit In Boston Aides' Case

    The First Circuit on Tuesday peppered attorneys for both the government and a pair of Boston City Hall aides on whether prosecutors need to show that someone accused of extortion personally benefits from the alleged act, during a hearing seeking to revive indictments against the mayor’s lieutenants.

  • December 4, 2018

    ProHealth Exec Says Gender Bias Led To Firing

    A female ProHealth Care executive has alleged in a lawsuit filed in New York federal court that a male executive traumatized her and that she was told she was being sacked while she was on leave for panic attacks.

  • December 3, 2018

    Fla. Hospital Seeks Sanctions Over Deleted Facebook Profile

    Lee Memorial Health System said Monday that a patient claiming she was sexually assaulted by a nurse at the Florida hospital should be sanctioned for deleting her Facebook profile during litigation, spoiling evidence the hospital says could have been used in its defense.

  • December 3, 2018

    Knight Truck Drivers Get Cert. In $25M Calif. Break Suit

    A California federal judge has certified a class of several thousand truck drivers accusing Knight Transportation Inc. of not affording them with mandated meal and rest breaks, saying questions about whether state law even applies to the drivers can be answered on a classwide basis “in one fell swoop.”

  • December 3, 2018

    10th Circ. Vet Tapped To Head New Judicial Integrity Office

    The federal judiciary has tapped Jill Langley, a 23-year veteran from the Tenth Circuit, to lead the courts’ new Judicial Integrity Office, which will provide training, information and referrals regarding workplace disputes in all federal courts, the Administrative Office of the U.S. Courts announced on Monday.

  • December 3, 2018

    NCAA Says Athletes' Antitrust Closings 'Smuggle In' Evidence

    The National Collegiate Athletic Association has slammed the closing arguments of student-athletes in a fight over compensation, telling a California federal judge the players relied on expert witnesses to “smuggle in” evidence that’s not admissible.

  • December 3, 2018

    Alaska Air, Virgin America Settle Woman's Sex Assault Suit

    Alaska Air and a woman claiming she was sexually assaulted by a former Virgin America executive have agreed to settle her suit seeking to hold the airlines liable for the alleged assault, according to filings in California federal court Monday.

  • December 3, 2018

    10th Circ. Revives BNSF Engineer's Injury Suit

    BNSF Railway Co. must face a worker’s suit alleging the company was responsible for neck and back injuries he suffered while adjusting a faulty engineer's chair on a train he was conducting, the Tenth Circuit ruled Monday, saying the company can be held liable for not making sure the chair was in “proper condition.”

  • December 3, 2018

    High Court Leaves Title VII LGBT Bias Petitions In Limbo

    The U.S. Supreme Court on Monday took a closely watched trio of petitions asking whether federal workplace discrimination law protects LGBT workers off its calendar, just hours after indicating that the high court was poised to consider whether to take those cases up. 

Expert Analysis

  • 10 Things We Wish We Were Told When Going In-House

    Dana Lee

    Attorneys at Albert Einstein College of Medicine, Perkins Coie LLP and the Healthcare Association of New York State reflect on lessons they learned the hard way when transitioning to in-house counsel positions.

  • The Virtual Law Team: Advantages For Litigants And Lawyers

    Jessica Cox

    The virtual law team was created as a necessary response to mass tort litigation — however, with advances in technology and ever-increasing specialization of the legal practice, the model should be considered in multiplaintiff litigation of any size, say attorneys at Faegre Baker Daniels LLP.

  • Tips For Planning A Holiday Pop-Up Shop

    Serena Carlsen

    Pop-up locations are a fun and effective way to engage new clients and increase brand awareness while keeping overhead costs low. These temporary retail stores involve both customary and unique legal issues for retailers to consider when structuring a pop-up campaign, say attorneys at Perkins Coie LLP.

  • Why Construction Cos. Should Prioritize Protective Equipment

    Astrid Guardado

    The construction industry is booming and is expected to continue to grow as we head into 2019, but many employers are still falling short when it comes to protecting their employees under the Occupational Safety and Health Act, says Astrid Guardado of Becker & Poliakoff PA.

  • The Latest On Bristol-Myers' Class Action Application

    Ted Holt

    The U.S. Supreme Court's Bristol-Myers Squibb opinion left open the question of whether the personal jurisdiction holding extends to nationwide class actions. While no circuit court of appeals has weighed in, the Fifth Circuit and the D.C. Circuit are on the verge of doing so, say Ted Holt and Mary Caroline Wynn of Maynard Cooper & Gale PC.

  • Is Your Asymmetric Arbitration Clause Valid?

    Bruce Paulsen

    Attorneys drafting asymmetric arbitration and jurisdiction provisions, particularly for consumer and employment contracts, must ensure that these provisions are valid in the jurisdictions where all parties are located, not only in the jurisdiction chosen by the contract, say Bruce Paulsen and Jeffrey Dine of Seward & Kissel LLP.

  • Opinion

    Circuit Split Encourages Forum Shopping By Injured Seamen

    Troy McMahan

    The Fifth and Ninth Circuits disagree over whether a merchant seaman can recover punitive damages for the common law maritime claim of unseaworthiness. The U.S. Supreme Court should agree to review Batterton v. Dutra, and restore certainty for shipowners, say attorneys with King & Spalding LLP.

  • Employer 'Glassdoor Wars' Will Carry On After Tech Co. Win

    Alexander Batoff

    U.S. Equal Employment Opportunity Commission v. IXL Learning — where in California federal court the EEOC unsuccessfully alleged a fired transgender employee suffered unlawful retaliation — is far from the first example of a Glassdoor review taking center stage in an employment-related lawsuit, and it certainly will not be the last, says Alexander Batoff of Obermayer Rebmann Maxwell & Hippel LLP.

  • Emerging Cybersecurity Threats In The Legal Industry

    Michael Hall

    Predicting how the cybersecurity landscape will develop is critical for any organization wanting to mitigate the risk of the inevitable future attack. Michael Hall of HighQ Solutions Ltd. discusses five threats to look out for in the next 12 months.

  • Unboxing The Plan To Allow HRAs To Pay Health Premiums

    Katie Amin

    On Oct. 23, the departments of Treasury, Labor and Health and Human Services released long-awaited guidance that would allow employees to use health reimbursement arrangement funds to buy their own health insurance. Attorneys at Groom Law Group examine the proposed regulations and the implications for taxpayers should they become final.