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Employment

  • January 17, 2019

    NJ Gov., Lawmakers Unveil $15 Minimum Wage Bill

    New Jersey Gov. Phil Murphy and the state’s Democratic legislative leaders have finalized a proposal establishing a $15-an-hour minimum wage for most of the workforce by 2024, unveiling a new version of the bill Thursday that accelerates the extended phase-in time for small and seasonal businesses.

  • January 17, 2019

    Barr Likely To Continue Sessions' Policy On LGBT Rights

    Attorney general nominee William Barr backed the U.S. Department of Justice’s current interpretation of the Civil Rights Act during his confirmation hearing this week, along with other statements that advocates have said would be a continuation of former Attorney General Jeff Sessions’ civil rights policies.

  • January 17, 2019

    Ex-Comcast Worker Not Hampered By Harassment, Jury Says

    Cable giant Comcast scored a win Wednesday over a former dispatcher's claims that she was subjected to unlawful sexual harassment, with a Maryland federal jury concluding that the harassment the worker endured wasn't severe enough to have affected her job performance.

  • January 17, 2019

    2nd Circ. Won't Resurrect Union Suit Over Platinum Fraud

    The Second Circuit on Thursday refused to revive a derivative suit brought by New York correctional union members against the top brass of the Correction Officers' Benevolent Association over the alleged Platinum Partners bribery scheme, calling it inadequately pled.

  • January 17, 2019

    Ex-VA Head Had Staffer Chauffeur His Wife, Watchdog Says

    Former Veterans Affairs Secretary David Shulkin's use of his driver to transport his wife, sometimes while the driver was off the clock, constituted an ethics violation, according to a VA Office of Inspector General report Thursday that also cleared Shulkin of some allegations that he misused his security detail.

  • January 17, 2019

    Moonves Demands CBS Arbitrate $120M Severance Denial

    Former CBS chief Les Moonves is taking the network to arbitration over its denial of a $120 million exit package following his ouster last year over alleged sexual harassment in the workplace, according to a financial disclosure CBS filed Wednesday.

  • January 17, 2019

    Pa. Workers Say Janus Means They Can Quit Union Anytime

    Three workers at the Pennsylvania Department of Labor and Industry filed a proposed class action in federal court Thursday against the state and the Pennsylvania Social Services Union, claiming contract provisions and state law barring them from quitting the union until the end of the contract were unconstitutional after the U.S. Supreme Court’s Janus ruling.

  • January 17, 2019

    Lesbian Ex-Chili's Server Hits Chain With Sex Bias Charge

    A lesbian former Chili's Grill & Bar server has claimed she was forced to leave her job at the restaurant chain following managers' comments about how she dressed while she was trying to get a promotion.

  • January 17, 2019

    Biz Groups Back GrubHub In 9th Circ. Gig Economy Row

    The U.S. Chamber of Commerce and others have told the Ninth Circuit that upending a California federal judge's finding that an ex-GrubHub driver was an independent contractor and not an employee would devastate internet and gig-economy businesses that rely on independent contractors.

  • January 17, 2019

    King & Spalding, Ex-Atty Spar Over Experts In Firing Suit

    King & Spalding LLP and a former attorney suing the firm for wrongful termination traded blows Wednesday in a flurry of filings seeking to discredit each other's expert witnesses, with King & Spalding saying one expert's estimate that the attorney suffered $21 million to $49 million in damages was not backed up by evidence.

  • January 17, 2019

    AT&T Can Arbitrate Ex-Worker's Age Bias Suit, 1st Circ. Says

    The First Circuit ruled Wednesday that a former AT&T employee in Puerto Rico who claims she was illegally demoted and fired because of her age must arbitrate her claims since she failed to complete the procedure laid out by the company to opt out of its arbitration program.

  • January 17, 2019

    NFL Wants Former Players' Revived Painkiller Suit Dismissed

    The NFL asked a California federal court to once again dismiss a proposed class action by former players alleging the league was negligent in providing them painkillers to get back in the game, saying the players didn't show that any NFL employees were involved in giving them the drugs.

  • January 17, 2019

    Fiat Chrysler Gets Ironworker's Negligence Suit Trimmed

    Fiat Chrysler escaped most of the liability and negligence claims brought by an ironworker who sustained back injuries at one of its plants by tripping on a piece of plywood, when an Illinois federal judge tossed all but one of the negligence claims against the automaker Wednesday.

  • January 17, 2019

    Slippery Rock U. Must Face Ex-Student's Retaliation Suit

    Slippery Rock University can’t duck a former student’s lawsuit claiming she was improperly expelled from the physician’s assistant training program for questioning a patient’s treatment, after a Pennsylvania federal judge denied the school’s motion to dismiss Wednesday.

  • January 17, 2019

    Eagles Player Wants Union In Court Over Drug Policy Access

    Philadelphia Eagles lineman David Lane Johnson has told a New York federal judge to reject the NFL Players Association’s bid for a quick win in his suit over access to the league's drug testing policy, saying the union has still not turned over a full copy of the document per his labor rights.

  • January 17, 2019

    Steptoe Nabs Boies Schiller Trial Atty To Co-Head LA Office

    Steptoe & Johnson LLP has hired a Boies Schiller Flexner LLP trial lawyer with experience representing clients in employment, intellectual property and complex commercial disputes to serve as its co-managing partner in its Los Angeles office, the firm announced Wednesday.

  • January 17, 2019

    EEOC Pact With DOJ Underscores Focus On Harassment

    The EEOC's recently announced partnership with the U.S. Department of Justice will allow for quicker action on harassment allegations against state and local government employers, putting those public employers more squarely in the EEOC's crosshairs and signaling to private businesses that harassment will remain a top enforcement priority, experts say.

  • January 16, 2019

    Ex-Hallmark Host's Atty DQ'd In Wrongful Termination Suit

    The Bloom Firm cannot represent a former Hallmark Channel host accusing the television network of firing him for reporting sexual harassment on set, a California federal judge ruled Wednesday, finding that the firm previously had a legal consulting agreement with one of the network’s producers embroiled in the harassment claims.

  • January 16, 2019

    Ex-Morgan Stanley Employee Accuses Co. Of Pregnancy Bias

    A former Morgan Stanley vice president says she was “ruthlessly” fired just weeks after returning from maternity leave, claiming in a U.S. Equal Employment Opportunity Commission charge Wednesday that the incident is illustrative of a larger issue of pregnancy-based discrimination at the Wall Street behemoth.

  • January 16, 2019

    9th Circ. Question Could Affect Calif. Prevailing Wage Law

    California's prevailing wage law could be expanded or narrowed, depending on how the state's highest court may rule on a question about the payment of workers who transport machinery to and from public construction projects, the Ninth Circuit said Tuesday.

Expert Analysis

  • Why AFAs Are Key To The Future Of Legal Practice

    Kelly Eisenlohr-Moul

    Alternative fee agreements can help align law firm and client interests, increase efficiency and eliminate corporate extortion, among other benefits. They are the best thing to happen to the practice of law in decades, says Kelly Eisenlohr-Moul at Dinsmore & Shohl LLP.

  • 2019 Annual Meeting And Reporting Considerations: Part 2

    Joseph Yaffe

    In this installment of their four-part series, attorneys at Skadden Arps Slate Meagher & Flom LLP offer insights to companies on executive compensation matters for 2019 — including pay ratio and hedging disclosures, say-on-pay votes and changes in pay practices due to the Tax Cuts and Jobs Act.

  • 2019 Annual Meeting And Reporting Considerations: Part 1

    Brian Breheny

    Each company faces important decisions in preparing for its 2019 annual meeting and reporting season. This four-part series by attorneys at Skadden Arps Slate Meagher & Flom LLP covers essential items on which companies should focus, including corporate governance, executive compensation and disclosure matters.

  • Circuits Left To Develop FCA Discovery Case Law

    Andy Liu

    Last week, the U.S. Supreme Court denied certiorari in two major False Claims Act cases, both involving the government’s knowledge or suspicion of violations allegedly resulting in knowingly false claims. Nichols Liu LLP attorneys consider the implications for the materiality standard and FCA cases going forward.

  • Series

    Judging A Book: Barron Reviews 'The Clamor Of Lawyers'

    Judge David Barron

    Can lawyers lead a revolution? According to "The Clamor of Lawyers: The American Revolution and Crisis in the Legal Profession" — a slim but elegant volume by Peter Charles Hoffer and Williamjames Hull Hoffer — they can and they did, says First Circuit Judge David Barron.

  • Automotive Tech In 2018: Legal Trends And Developments

    David Cavanaugh

    The legal landscape for the automotive sector continued its evolution in 2018 with the development of new technology becoming a focal point for litigation, patenting and regulation, say attorneys with WilmerHale.

  • Tip Credits: Methods For Measuring Employee Work Time

    Elizabeth Arnold

    Recent court decisions and regulatory actions indicate that the employee tip credit landscape appears to be in flux. Elizabeth Arnold and Chester Hanvey of Berkeley Research Group LLC examine scientifically based methodologies used to determine how employees spend their time and to identify time spent on “tippable” work.

  • Opinion

    Congress Needs More Sexual Harassment Protections

    Marjorie Mesidor

    A recently passed bill that changes how sexual harassment complaints are handled in Congress is a step in the right direction. However, it falls considerably below what is necessary to make staffers, interns and fellows feel safe to come forward without fear of retaliation, says Marjorie Mesidor of Phillips & Associates.

  • Opinion

    The Case For Lawyer-Directed Litigation Funding In NY: Part 2

    Peter Jarvis

    Lawyer-directed nonrecourse litigation funding is more likely to protect a lawyer's exercise of independent professional judgment than traditional means of litigation finance, and furthermore enables worthwhile cases that otherwise could not be funded, say Peter Jarvis and Trisha Thompson of Holland & Knight LLP.

  • Trends Suggest Cartel Enforcers Face Headwinds In 2019

    John Terzaken

    Judged purely by enforcement statistics, 2018 was a down year for cartel enforcement. But authorities are training their sights on new sectors, theories and targets, and considering additional ways to further sharpen their enforcement stick and sweeten the leniency pot, say John Terzaken and Elizabeth French of Simpson Thacher & Bartlett LLP.