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Employment

  • May 24, 2018

    Chrysler Pushes Bulk Of Race Bias Claimants Into Arbitration

    Fiat Chrysler won a bid to push the bulk of a racial discrimination proposed class action into individual arbitration, according to a Michigan federal judge's ruling Thursday that found the U.S. Supreme Court's recent decision in Epic Systems bars the employees from arbitrating their bias claims as a class.

  • May 24, 2018

    Chicago Cubs Must Hand Over Emails In Scout's Firing Suit

    The Chicago Cubs will have to provide a scout they fired with unredacted emails that may help his case alleging he was dismissed for missing work because of surgery, a California federal judge ruled Thursday, saying the emails will elucidate questions of how the club treated similarly situated workers.

  • May 24, 2018

    Time Warner Can't Shake $160K Bias Verdict, 9th Circ. Says

    The Ninth Circuit on Thursday affirmed a $160,000 jury verdict against Time Warner Cable in an ex-worker's disability discrimination suit, saying the jury was consistent in finding the company had failed to engage in an interactive process with the worker even if it did provide reasonable accommodations.

  • May 24, 2018

    Class Action Claiming Illegal Tip Pool Stays In Fed. Court

    A Hawaii federal judge denied a bid by a former waiter at a restaurant group to move back to state court his proposed class action claiming his ex-employer used illegal tip pooling practices, ruling Wednesday that the group's removal of the case was proper.

  • May 24, 2018

    Seeger Weiss Gets $52M Of $85M NFL Concussion Suit Fees

    A Pennsylvania federal judge distributed more than $85 million in fees to the class attorneys in the NFL concussion suit Wednesday, including a nearly $52 million share for co-lead class counsel Seeger Weiss LLP.

  • May 24, 2018

    Alabama Hospital Beats Ex-Accounts Clerk's Harassment Suit

    An Alabama health network fired an accounts clerk for giving board members’ personal email addresses to a debt collector, not because she complained to the U.S. Equal Employment Opportunity Commission about being sexually harassed by her boss, an Alabama federal judge said in an opinion filed Thursday.

  • May 24, 2018

    Costco Worker's Group PAGA Claim Survives In Federal Court

    A Costco employee can bring in federal court her Private Attorneys General Act claim as a representative of others in her suit alleging the wholesaler flouted state labor law by not providing seating to greeters, a California federal judge ruled, finding that PAGA’s qui tam aspects provided standing.

  • May 24, 2018

    Maritime Co. Tries To Revive $2.5M Antitrust Defense Fight

    Crowley Maritime Corp. urged the Eleventh Circuit to revive the shipping company's lawsuit to force an AIG unit to cover the $2.5 million that Crowley shelled out to defend a subsidiary's former executive against antitrust allegations, asserting Thursday that it provided timely notice of the claim to the insurer.

  • May 24, 2018

    5th Circ. Tosses Suit Over Body Cavity Searches At Border

    The Fifth Circuit ruled Wednesday that an American citizen who was subjected to intrusive body cavity searches while crossing the southern border cannot sue the state medical staff who conducted the exams, finding that their conduct did not violate clearly established law at the time.

  • May 24, 2018

    Texas Judge Fired Staffer Over Facebook Posts, Suit Says

    A longtime executive assistant and secretary for the Texas Court of Criminal Appeals has sued it and Judge Kevin Yeary in federal court for allegedly violating her free speech rights by firing her over her politically tinged Facebook posts.

  • May 24, 2018

    Mass. Police Can't Escape Background Check Racial Bias Suit

    The Massachusetts State Police were denied a quick win Thursday by a federal judge in a suit claiming racial bias led to an African-American man being denied a spot as a trainee after one of its troopers said he lied during a background interview. 

  • May 24, 2018

    Boston Jury Awards Nurse $28M In Hospital Retaliation Suit

    A 70-year-old Haitian-American nurse won a $28 million retaliation jury verdict on Wednesday in a suit against a renowned Boston hospital after claiming the hospital wrongly started investigating her for allegedly poor patient care after she came to the aid of another nurse she believed was being verbally abused.

  • May 24, 2018

    Elon Musk Tweets Threaten Tesla Workers, Auto Union Claims

    Tesla Inc. CEO Elon Musk violated federal labor law in a recent tweet suggesting the company’s workers would lose their stock options if they unionized, the United Auto Workers union alleged in a charge filed with the National Labor Relations Board.

  • May 24, 2018

    Feds Don't Want Star Witness Sideshow In Union Graft Retrial

    Federal prosecutors on Wednesday challenged an attempt by Platinum Partners LP co-founder Murray Huberfeld to discredit their star witness with allegedly incriminating evidence ahead of Huberfeld’s graft retrial alongside a labor boss, telling a New York federal judge the proffered evidence would send jurors down a rabbit hole of irrelevant information.

  • May 24, 2018

    Proskauer Says Partner Behind Pay Bias Suit Made Bank

    Proskauer Rose LLP on Wednesday disputed claims it unfairly paid a female partner less than men in similar positions, saying in an answer to her recently revised suit that she earned a bigger share of firm profits in one of the years covered by the case than all but three men in the firm’s employment practice.

  • May 24, 2018

    Judge Backs Settlement In Wage Suit Against Fla. Law Firm

    A federal magistrate judge recommended approval Thursday of two employees' settlement agreements in a proposed wage-and-hour class action against a Florida personal injury law firm, concluding the agreements contain a degree of compromise that requires judicial approval, but both offer a reasonable resolution.

  • May 24, 2018

    Pa. Justices Pass On Firm's Push To Bar Ex-Legal Asst.'s Aid

    The Pennsylvania Supreme Court has declined to hear an appeal of a decision allowing an ex-Ligonier Law part-time legal assistant to receive unemployment benefits after the firm fired her for refusing to return to full-time status.

  • May 24, 2018

    Massachusetts Top Court Suspends Judge After Sex Scandal

    The Massachusetts Supreme Judicial Court on Thursday suspended state court Judge Thomas Estes indefinitely without pay, paving the way for removal proceedings before the state Legislature and the governor, saying he can no longer command a courtroom after a secret affair with a court clinician.

  • May 23, 2018

    DOJ 'Vindictiveness' May Explain FCA Bid: Podiatry Chain

    The U.S. Department of Justice’s bid to join a False Claims Act suit alleging Medicare fraud against a podiatry chain may be “motivated by vindictiveness," the chain told a Kentucky federal court Wednesday, citing its successful challenge recently to the DOJ's investigative powers.

  • May 23, 2018

    Class Waivers Declared Legal: What's Next For Plaintiffs?

    Although employers scored a landmark win Monday when the U.S. Supreme Court ruled that workers can be barred from pursuing class claims, the decision could prove to be a double-edged sword, since businesses face the prospect of footing the bill for an avalanche of individual arbitration demands workers may file. Here's a look at how plaintiffs will forge ahead now that the ruling is on the books.

Expert Analysis

  • 5 Questions You Should Ask About Your Global Equity Awards

    William Woolston

    U.S. companies venturing into the world of global equity compensation confront a complex, cross-border web of rules and regulations. Victoria Ha and William Woolston of Covington & Burling LLP highlight five critical questions that can help U.S. companies navigate common legal pitfalls, with a focus on some of the most rapidly evolving areas of law.

  • 1st Circ. ADA Decision Turns On 'Essential Function' Doctrine

    John Calhoun

    Initially, the First Circuit’s recent decision in Sepulveda-Vargas v. Caribbean Restaurants — a case involving claims under the Americans with Disabilities Act — may seem counterintuitive. But understanding the court's treatment of two features of the ADA’s "essential function" doctrine will help parties navigate the nuances of these types of lawsuits, says John Calhoun of Choate Hall & Stewart LLP.

  • What #MeToo Means For The Maritime Sector

    Susan Bickley

    The #MeToo movement has highlighted for employers in the maritime industry that they must ensure that seafarers and shore-based personnel experience a work environment free of sexual harassment and assault. Attorneys with Blank Rome LLP examine the unique legal framework that applies to sexual harassment in the maritime context, and how employers are currently addressing incidents and crafting proactive policies.

  • Reducing Retirement Saving Barriers For Gig Workers

    Brett Owens

    Workers in the gig economy are currently not entitled to enjoy a traditional employer-based retirement plan because such plans are subject to stringent rules and only permitted to cover employees, not independent contractors. However, Congress is attempting to address this issue via the recently reintroduced Retirement Enhancement and Savings Act, says Brett Owens of Fisher Phillips.

  • Creating A Better System For Employee Invention Assignment

    Albert Wong

    Whereas a traditional pre-invention assignment agreement focuses solely on assigning legal rights and duties, a more effective contractual approach would braid a traditional, legally enforceable PIAA with a voluntary system focused on enhancing employer-employee collaboration, says Albert Wong of Fish & Richardson PC.

  • New Medical Marijuana Challenges For Pa. Employers

    John McDonald

    As access to medical marijuana in Pennsylvania continues to grow — to date, 22 dispensaries have opened throughout the state — employers face fresh concerns about the impact of legalization on their operations as well as their obligations under the law, say John McDonald and Melissa Ferrara of Reed Smith LLP.

  • FCA Questions That High Court May Address Next Term

    Michael Waldman

    Although the U.S. Supreme Court has denied review on 12 False Claims Act-related petitions this term, at least six petitions raising FCA issues currently remain on the docket. And three of them appear to have already piqued the court’s interest, say Michael Waldman and Ralph Mayrell of Robbins Russell Englert Orseck Untereiner & Sauber LLP.

  • Opinion

    Why Won't Judicial Nominees Affirm Brown V. Board Of Ed?

    Franita Tolson

    On May 17, 1954, the U.S. Supreme Court decided Brown v. Board of Education, recognizing a moral and legal truth that should be beyond question in American society. The refusal by some of President Donald Trump's judicial nominees to say whether they believe the case was decided correctly is indicative of the narrow-minded elitism they would bring to the bench, says professor Franita Tolson of the University of Southern California's Gould School of Law.

  • 6th Circ. Church Volunteer Decision Offers FLSA Insights

    Gregory Mersol

    The Sixth Circuit's recent decision in Acosta v. Cathedral Buffet highlights that the key to whether a volunteer at a nonprofit is an employee under the Fair Labor Standards Act is whether they have an expectation of compensation, not why they volunteered in the first place, says Gregory Mersol of BakerHostetler.

  • The Lawyers' Guide To Cloud Computing

    Daniel Garrie

    In deciding whether cloud computing is right for the organization or firm, an attorney must consider cloud computing’s significant impact on the electronic discovery process, say Daniel Garrie, managing partner at Law & Forensics LLC, and David Cass, chief information security officer at IBM Cloud.