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Employment

  • August 20, 2018

    Texas Appeals Court Blocks Austin Sick Leave Ordinance

    A Texas appeals court has blocked an Austin ordinance that would require employers to provide paid sick leave to employees in a suit filed against the city by a host of Texas business groups and companies.

  • August 17, 2018

    Courts Can Hear Bias Suits Sans EEOC Complaint: 10th Circ.

    Courts in the Tenth Circuit can hear employment bias cases even if the workers bringing them did not file a timely complaint with the U.S. Equal Employment Opportunity Commission before suing, an appeals panel said Friday in a sprawling order that narrowly revived a disability discrimination suit against BNSF Railway Co.

  • August 17, 2018

    Ex-Clerk Says NY Courts Protected Judge Who Harassed Her

    A former law clerk has accused the New York state judicial system of covering up for a judge who she says sexually harassed her, allegations she made in a suit filed in federal court against the jurist and 16 other judges, administrators and attorneys.

  • August 17, 2018

    NLRB Dems Fight Post-Epic Review Of Wage Suit Ruling

    Republican members of the National Labor Relations Board have wiped out an April ruling that a Texas restaurant group illegally fired a worker who brought a wage suit against it, drawing objections from the board’s Democrats.

  • August 17, 2018

    McDonald's Moves Hiring Credit-Check Suit To Federal Court

    McDonald’s Corp. on Friday removed to Florida federal court a putative class suit accusing the fast food company of burying background check notices it issued to new hires in extraneous paperwork in violation of the Fair Credit Reporting Act.

  • August 17, 2018

    Ex-Judge Was Falsely Accused Of Drinking At Work, Suit Says

    The attorney for a former Newark, New Jersey, municipal judge who claims she was falsely accused of being drunk at work and then fired said on Friday that his client unequivocally denies drinking on the job.

  • August 17, 2018

    NCAA Hits Ex-Assistant Hoops Coach With 6-Year Ban

    The NCAA on Friday handed down a six-year suspension to a former University of Louisiana at Monroe assistant men's basketball coach and put the school on probation for two years after finding the coach did online coursework and took exams for a pair of basketball players.

  • August 17, 2018

    Lincare Inks $5M FCA Kickbacks Deal Over Waived Copays

    Oxygen therapy giant Lincare Inc. will pay $5.25 million to resolve whistleblower allegations that it flouted the False Claims Act by paying kickbacks in the form of waived copayments owed by Medicare Advantage beneficiaries, the U.S. Department of Justice has announced.

  • August 17, 2018

    Cinemark Staffers Get Class Cert. In Labor Dispute

    A California federal judge granted class certification Thursday to hundreds of Cinemark workers alleging the movie theater chain issued some wage statements that didn’t list overtime pay rates, the latest twist in winding, yearslong litigation.

  • August 17, 2018

    Dollar General Must Face Afghanistan Vet's Suit: 8th Circ.

    The Eighth Circuit ruled Friday that Dollar General must face claims that it improperly failed to rehire a veteran of the war in Afghanistan who had been let go after he wasn’t able to return from leave because of injuries he sustained on military duty.

  • August 17, 2018

    Timeshare Co. Recklessly Disregarded FLSA, OT Suit Says

    A proposed class of employees hit a Florida timeshare company with a suit Friday in Florida federal court claiming willful violations of overtime wages under the Fair Labor Standards Act, saying the company failed to pay overtime and showed "reckless disregard" of the act's provisions.

  • August 17, 2018

    DOD Asks Court To Toss Challenge To HIV Policy

    The U.S. Department of Defense on Thursday asked a Virginia federal court to dismiss a Guardman's challenge to its HIV policy, saying the long-standing policy is not being used alongside a recent retention policy to automatically discharge HIV-positive troops and that the court lacks jurisdiction to review the HIV policy, regardless.

  • August 17, 2018

    Demolition Co. Founder Sues Over Termination Dispute

    The co-owner of a demolition and environmental remediation firm launched an Illinois federal court suit against the company and its majority shareholders Thursday that alleges they schemed to push her out of the business and devalue her stake for their benefit.

  • August 17, 2018

    Health Hires: Dorsey & Whitney, DLA Piper, Epstein Becker

    Dorsey & Whitney LLP, DLA Piper, Epstein Becker Green, Spencer Fane LLP, Minerva Neurosciences and Carlton Fields are among the latest firms to boost their health and life sciences offerings with new hires. 

  • August 17, 2018

    DC Circ. Revives Shepherds' Challenge To H-2A Practices

    The D.C. Circuit partly revived a suit Friday brought by a group of livestock herders challenging the government’s practice of issuing temporary visas for longer-term labor.

  • August 17, 2018

    Legal Waiver Doesn't Bar Pregnancy Bias Suit, 6th Circ. Says

    The Sixth Circuit on Thursday revived a sales worker’s pregnancy and pay bias suit that was filed despite her having agreed to waive legal claims on her last day of work, ruling Title VII and Equal Pay Act claims are not subject to a common law doctrine governing whether contracts signed under duress can be revoked.

  • August 17, 2018

    Mass. Noncompete Law Overhaul Not As Strict As It Seems

    Massachusetts employers may easily work around newly rewritten state noncompete laws by using escape clauses in the legislation or by turning to nonsolicitation agreements, corporate counsel monitoring the legislation told Law360.

  • August 17, 2018

    Wall Installer Can't Restart Claims Against Related Cos.

    U.S. District Judge Jed S. Rakoff has blocked an exterior wall installer’s bid to reinstate fraud and unjust enrichment claims against The Related Companies LP over the real estate firm’s collection of funds from a Chicago project, saying the allegations are not sufficiently supported.

  • August 17, 2018

    Labor Unions Make NAFTA Pitch As Endgame Looms

    The AFL-CIO spearheaded a call for robust labor protections in the revised North American Free Trade Agreement Friday, putting pressure on negotiators to improve the accord's worker accommodations as officials aim to deliver a political-level deal in the next few weeks.

  • August 17, 2018

    NCAA Reforms Fail To Fix Basketball's Corruption Problem

    The NCAA recently enacted a set of sweeping reforms that provide modest benefits to the small percentage of student-athletes who pursue a professional basketball career, but experts say the changes do not adequately address the serious issues at the center of a federal corruption probe into college basketball.

Expert Analysis

  • Interview Essentials For Attorneys On The Move

    Eileen Decker

    Across the country this fall, recent law school graduates, law firm associates and experienced professionals will interview for positions in private practice and government service. Sharing tips on how to stand out in this high-pressure, hypercompetitive process are Eileen Decker, former U.S. attorney for the Central District of California, and Keith Jacoby, co-chairman of Littler Mendelson PC’s class action practice group.

  • Opinion

    Coach Contract Sexual Misconduct Clauses Are Concerning

    Scott Bernstein

    A clause added to The Ohio State University head football coach Urban Meyer's contract, requiring him to report any known violations of the school’s sexual misconduct policy, may seem noncontroversial. However, because schools often define sexual misconduct too broadly, this type of provision could cause lasting harm to innocent student-athletes, say Scott Bernstein and Justin Dillon of KaiserDillon PLLC.

  • Awaiting Clarity On Fluctuating Workweek In Pa.

    Jeffrey Cadle

    Now that the Pennsylvania Supreme Court has allowed the state Superior Court's decision in Chevalier v. General Nutrition Centers to be appealed, it is possible that the fluctuating workweek method — an alternative for employers to calculate overtime pay for salaried employees — could be explicitly adopted in the state, says Jeffrey Cadle of Obermayer Rebmann Maxwell & Hippel LLP.

  • Trends In Protection Of Anonymous Online Speech

    Margaret Krawiec

    Soon the Texas Supreme Court will consider under what circumstances Glassdoor should be compelled to reveal the identities of anonymous reviewers. Skadden attorneys Margaret Krawiec and Thomas Parnham discuss how courts over the years have answered the fundamental First Amendment question of whether to unmask an internet user who chooses to speak anonymously.

  • Roundup

    Clerking For Ginsburg

    Clerking For Ginsburg

    Justice Ruth Bader Ginsburg joined the U.S. Supreme Court 25 years ago and is not planning to retire anytime soon — she has hired clerks through 2020. What's it like to assist Justice Ginsburg? In this series, former clerks reflect on the experience.

  • Series

    Clerking For Ginsburg: 3 Surprises

    David Post

    It had never occurred to me that judges don’t always love the way their appellate cousins review their work and tell them — in public — all the things they got wrong. I was frequently struck by Justice Ruth Bader Ginsburg’s acute awareness of the delicacy of this relationship, says attorney David Post.

  • Employment Litigation And Jury Opinions In A #MeToo World

    Ellen Brickman

    Jurors’ beliefs about social inequality, intergroup differences and disparate treatment are likely to play a role in their evaluations of discrimination and harassment claims, especially in the current political climate. To understand that role better, we undertook a survey of registered voters in New York and Los Angeles, say Ellen Brickman and Chad Lackey of DOAR Inc.

  • ERISA Class Actions After Epic Systems

    James Baker

    U.S. Supreme Court Justice Neil Gorsuch's opinion in Epic Systems v. Lewis employed the same analytics used by Justice Antonin Scalia in three previous decisions. They strongly suggest the court would allow a mandatory arbitration clause with a class action waiver in the Employee Retirement Income Security Act context, says James Baker of Baker McKenzie.

  • Series

    Clerking For Ginsburg: A Superhero Supreme

    Burden Walker

    As a clerk for Justice Ruth Bader Ginsburg, my job was to mirror my boss’ views and values in everything I did. Years later, I find that I am still striving to live up to the values Justice Ginsburg instilled in me, as both a lawyer and a spouse, says Burden Walker, an assistant U.S. attorney for the District of Maryland.

  • A Look At Ex-Coach's Amicus Brief In On-Field Prayer Case

    Ronald Katz

    Although retired Florida State University football coach Bobby Bowden's brief in Kennedy v. Bremerton urges the U.S. Supreme Court to reverse a Ninth Circuit decision banning prayer on the football field after games, the brief inadvertently lays out the problems of mixing religion and sport at a public school, says Ronald Katz of GCA Law Partners LLP.