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Employment

  • 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.

  • 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.

Expert Analysis

  • 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.

  • A Year-End Refresher On Laws Banning Pay History Inquiries

    Amy Traub

    A recent wave of state and local legislation aims to correct the disparate impact of a seemingly innocuous interviewing practice — asking a candidate about his or her salary history, say Amy Traub and Amanda Van Hoose Garofalo of BakerHostetler.

  • Rise Of The CMOs

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    Joshua Peck, incoming marketing director of Hill Wallack LLP, traces the evolution of the chief marketing officer position at law firms and shares insights from three legal marketing pioneers.

  • Prospects For Tax Policy In The 116th Congress

    Evan Migdail

    Now that the results of the 2018 election are (mostly) in, Evan Migdail and Melissa Gierach at DLA Piper LLP consider what a Democratic House, Republican Senate and Trump administration may be able to accomplish in the way of tax policy during the lame-duck session and the upcoming 116th Congress.

  • The Latest On State And Federal Paid Family Leave Programs

    Kathryn Barcroft

    Only four U.S. states currently require paid family leave programs, leaving private employers across most of the country with the decision of whether to provide such leave to their employees, says Kathryn Barcroft of Solomon Law Firm PLLC.

  • High Court May Dim Lights On Class Arbitration In Lamps Plus

    Adam Primm

    Following recent U.S. Supreme Court oral arguments in Lamps Plus v. Frank Varela, the Ninth Circuit’s decision in the case appears to be facing an uphill battle to uphold the authorization of class arbitration, say Adam Primm and Peter Kirsanow of Benesch Friedlander Coplan & Aronoff LLP.

  • Q&A

    A Chat With Bryan Cave Innovation Chief Katie DeBord

    Katie DeBord

    In this monthly series, Amanda Brady of Major Lindsey & Africa interviews management from top law firms about the increasingly competitive business environment. Here we feature Katie DeBord, chief innovation officer at Bryan Cave Leighton Paisner LLP.

  • Press Pause Before Using Biometric Tech In The Workplace

    Robert Quackenboss

    As demonstrated by a recently filed class action against a hospital housekeeping company in Illinois federal court — Byczek v. Xanitos — the ever-changing legal landscape surrounding biometric data should give employers pause when considering its use in the workplace, say Robert Quackenboss and Madalyn Doucet of Hunton Andrews Kurth LLP.

  • Sekura Case Expands Scope Of Illinois Biometric Privacy Law

    Greg Abrams

    An Illinois state appeals court's recent decision in Sekura v. Krishna Schaumburg Tan appears to break from multiple Biometric Information Privacy Act cases that had required plaintiffs to allege some harm beyond mere technical violations to qualify as “aggrieved,” say attorneys with Faegre Baker Daniels LLP.