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Employment

  • December 6, 2018

    Ex-Refinery Worker Can't Revive 'False Positive' Test Row

    A man who was fired from a LyondellBasell refinery after what he alleges was a false positive test for cocaine cannot revive his lawsuit against the company claiming its negligence caused the result, a Texas appellate court held Thursday.

  • December 6, 2018

    Female KPMG Workers Want Redo On Class Cert. Denial

    Members of a proposed class of more than 10,000 female tax and advisory department workers suing KPMG LLP for allegedly underpaying them asked a New York federal judge Thursday to reconsider her denial of class certification, saying the court had misread a statistical analysis by their expert witness.

  • December 6, 2018

    5th Circ. Says Alcoa Can't Dodge Plant Worker's Injury Suit

    The Fifth Circuit on Thursday revived a suit accusing an Alcoa Corp. unit of negligently causing an aluminum plant worker’s chemical burns, saying the case belongs in Texas state court.

  • December 6, 2018

    Calif. Bill Floated To Undo Dynamex Worker Classification Test

    California Assemblywoman Melissa Melendez has announced proposed legislation that would loosen the criteria employers use to classify workers as independent contractors, undoing the state Supreme Court’s landmark Dynamex decision from earlier this year.

  • December 6, 2018

    White & Case Narrowing Gender Gap In UK Partner Pay

    White & Case LLP is whittling down the pay gap between male and female partners in its London office, according to data voluntarily disclosed by the U.S. law firm along with information required by the United Kingdom’s Equality Act.

  • December 6, 2018

    Ex-Insight Global Employee's Suit Over Firing Remains Intact

    A California federal judge on Wednesday refused to trim a suit accusing staffing services provider Insight Global LLC of firing a former employee to sidestep about $345,000 in deferred compensation he was owed under the company's employee benefit plan and improperly pushing illegal nonsolicitation pacts on its workers.

  • December 6, 2018

    XPO Pregnancy Outcry Seen As 'Wake-Up Call' For Employers

    Shipping giant XPO Logistics is facing vocal criticism over allegations that it mistreated pregnant workers, underscoring the need for companies to do right by employees who are expecting. Here, experts share three tips for employers looking to follow the law and stay out of the headlines.

  • 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.

Expert Analysis

  • 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.

  • 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.