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Employment

  • October 12, 2018

    USCIS Overstepping Authority With H-1B Regs, IT Group Says

    U.S. Citizenship and Immigration Services is violating various federal regulations by requiring that employers seeking to use H-1B visas list upfront where and when employees will work during the time the worker will use the visa, an information technology trade organization said in District of Columbia federal court on Thursday.

  • October 11, 2018

    Fidelity Asks 1st Circ. To End Decade-Old Whistleblower Case

    Fidelity Investments has asked the First Circuit to uphold a jury verdict absolving the company of terminating a finance director who won whistleblower protections from the U.S. Supreme Court then lost her claims of retaliation at trial, calling for the end of the former employee’s decade-old lawsuit.

  • October 11, 2018

    DOL Recovers $2.5M In Wages From 4 Employers

    The U.S. Department of Labor recently recovered about $2.5 million in back wages for workers over four investigations, the agency announced this week.

  • October 11, 2018

    Sexual Assaults Occurred At WeWork Events, Ex-Worker Says

    WeWork sponsors booze-fueled social events for employees where it’s “only a matter of time until someone gets raped,” according to a lawsuit filed in New York state court Thursday by a former employee who claims she was sexually assaulted twice by colleagues at such gatherings.

  • October 11, 2018

    Disney Nixes Anaheim Hotel Amid Minimum Wage Ballot Row

    Disneyland Resort has announced it is canceling its Anaheim luxury hotel plans over the California city’s perceived unstable business climate, as debate continues over whether the company will need to comply with a referendum requiring tax subsidy recipients to pay an increased minimum wage.

  • October 11, 2018

    Amazon Eyes Escape From Job Applicants' Age Bias Suit

    Amazon.com Inc. asked a California federal judge on Thursday to nix a retooled proposed class action accusing it of placing job ads on Facebook that were illegally hidden from older workers, saying it never impaired workers from learning or applying for employment. 

  • October 11, 2018

    Co. Has Duty To Asbestos Worker's Family, Va. Court Finds

    Employers do owe a duty to family members of workers who may face exposure to asbestos through the workers’ clothing, the Virginia Supreme Court said Thursday in deciding a certified question sent from Virginia federal court.

  • October 11, 2018

    Ex-Grubhub Driver Says Dynamex Unwinds Wage Trial Loss

    A former Grubhub driver asked a California federal judge on Thursday to revive allegations that he was misclassified as an independent contractor, saying that had the California Supreme Court's Dynamex decision changing the state’s test for employment status come out a few months earlier, he would have won his bench trial.

  • October 11, 2018

    Dems Press NLRB Chair For Joint Employer Transparency

    National Labor Relations Board Chairman John Ring was pressed Wednesday by two top congressional Democrats to make public a wide swath of information about its proposed rule to clarify the standard for determining joint employment, including whether the agency finished an ethical review before starting the regulatory process.

  • October 11, 2018

    In High Court Row, BNSF Says Damages To Ex-Worker Taxable

    BNSF Railway Co. told the U.S. Supreme Court on Wednesday that compensation for a former employee’s lost time following a workplace injury is taxable under a railroad retirement law, responding to the worker’s assertion that it isn’t taxable because no work was actually done to receive the payment.

  • October 11, 2018

    Texas Justices Told NDA Suit Beats Anti-SLAPP Dismissal Bid

    A paramedic training company trying to revive claims that a former employee smeared its reputation in violation of a nondisclosure agreement told the Texas Supreme Court in oral argument on Thursday that it has shown enough evidence of damages for its case to move forward.

  • October 11, 2018

    Trader Can't Sway 7th Circ. To Revive Suit Over Firing

    A former Jefferies LLC metals trader didn't do enough to maintain a suit alleging his supervisor encouraged him to pursue trades the firm wouldn't approve, which then led to his firing, the Seventh Circuit held Thursday.

  • October 11, 2018

    Jones Day Employment Atty Gets DOJ Civil Rights Chief Job

    The U.S. Senate confirmed Jones Day employment attorney Eric Dreiband to head the U.S. Department of Justice’s Civil Rights Division on Thursday amid opposition from leading civil rights groups.

  • October 11, 2018

    Uber Aims To Dump Drivers' FLSA Suit Over On-App Time

    Uber Technologies Inc. urged a Texas federal court Wednesday to dump a Fair Labor Standards Act collective action alleging the ride-hailing giant misclassified drivers as independent contractors to cheat them out of compensation for all the time they spent logged into the app waiting for rides.

  • October 11, 2018

    Walmart To Pay $65M To End Cashiers' Seating Suit

    Walmart Inc. has agreed to pay $65 million to end a long-running class action over its allegedly not giving cashiers seats, according to a motion on Wednesday asking a California federal judge to approve a deal that might rank as the largest ever settlement struck under the state's Private Attorneys General Act.

  • October 11, 2018

    Ill. AG Shutters Staffing Agency To End Discrimination Suit

    A Chicago employment agency will close its doors for the next decade as part of a Wednesday agreement with the state of Illinois, resolving a lawsuit in Illinois federal court accusing the agency of discriminating against Latino immigrants.

  • October 11, 2018

    Payment Processor Says Ex-CEO Stole Company Secrets

    A payment processing company has accused its former CEO and several former employees in California federal court of stealing trade secrets to form a competing payment processing business.

  • October 10, 2018

    9th Circ. Raises Conflict Concerns In Atty’s Sanction Appeal

    Ninth Circuit judges expressed reluctance Wednesday to hear oral argument from an attorney who lost a contentious trade secrets dispute on a terminating sanction, worrying the lawyer was conflicted because if the panel reversed a lower court's decision not to grant attorneys' fees in the case, she could be pitted against her client, Loop AI Labs Inc.

  • October 10, 2018

    4 Tips For NY Employers Navigating New Sex Harassment Law

    New York state's new standards for how businesses should structure anti-sexual harassment policies and conduct newly mandated training sessions took effect on Tuesday, leaving employers in the Empire state with a fresh batch of potential compliance headaches. Here, experts share four tips for employers to make sure their practices comport with New York’s new rules.

  • October 10, 2018

    In Reversal, Injured Texas Worker Told He Can't Depose CEO

    A Texas appeals court on Wednesday reversed a panel ruling on a bid to depose the CEO of a construction company in a suit over a fall at a work site, saying the so-called apex deposition was unwarranted since the worker failed to prove the CEO had unique knowledge relevant to the suit.

Expert Analysis

  • The Where, When And What Of DTSA Appeals: Part 2

    Gregory Lantier

    To predict the kinds of questions early Defend Trade Secrets Act appellate decisions may resolve, Gregory Lantier and Thomas Sprankling of WilmerHale consider how courts have interpreted other intellectual property statutes.

  • Inside New Guidelines For NY's Anti-Sexual Harassment Law

    Tara Daub

    New York recently published final guidance for new state legislation that expands protections against sexual harassment in the workplace. Most notably, it provides employers with more time to ensure all New York employees receive sexual harassment prevention training under the law, say Tara Daub and Tony Dulgerian of Nixon Peabody LLP.

  • New NLRB Joint Employment Rule: Don't Celebrate Just Yet

    Dove Burns

    Although the National Labor Relations Board’s recently proposed joint employment rule would reduce potential liability for secondary businesses, employers operating in these circumstances must continue to contend with varying interpretations of the joint employer standard for now, says Dove Burns of Obermayer Rebmann Maxwell & Hippel LLP.

  • Oliveira Arguments Portend A Small Victory Against FAA

    Scott Oswald

    Nothing in Wednesday’s arguments before the U.S. Supreme Court in New Prime v. Oliveira suggested a defanging of the Federal Arbitration Act, which remains a potent tool for employers. But at least we now have evidence that the statute is likely subject to some limits, says Scott Oswald of The Employment Law Group PC.

  • Opinion

    Skip The New 'Civility Courses' And Think Like A Lawyer

    Alex Dimitrief

    As we watch what passes for political discourse in our nation’s capital, it’s understandable that universities are launching programs on how to cope with ideological disputes. But our country needs fewer people who profess to be open-minded and more people who engage in and honor the conclusions of reasoned debates, says Alex Dimitrief of General Electric Co.

  • Weighing ADEA's Wording At High Court

    Jaime Tuite

    Following Monday's oral arguments before the U.S. Supreme Court in Mount Lemmon Fire District v. Guido — which centered on the definition of “employer” under the Age Discrimination in Employment Act — public employers across the U.S. should be concerned the ADEA may apply to them, regardless of their size, says Jaime Tuite of Buchanan Ingersoll & Rooney PC.

  • The Broad Impact Of H-1B Premium Processing Suspension

    Yeon Me Kim

    With U.S. Citizenship and Immigration Services' recent decision to extend and expand the suspension of premium processing for certain H-1B petitions, employers now face uncertain processing times, and workers' ability to safely and promptly change employers is severely limited, say attorneys with Hammond Young Immigration Law​​​​​​​ LLC.

  • Antitrust Considerations For Government Contractors

    Peter Levitas

    Companies that engage in government contracting, particularly in the defense industry, face sector-specific antitrust compliance challenges. They must navigate carefully to manage risk in merger review, teaming agreements and personnel issues, say Peter Levitas and Francesca Pisano of Arnold & Porter.

  • Why Law Firms Should Monitor The Dark Web

    Anju Chopra

    Dark web monitoring allows law firms to see what sensitive information may have made its way onto the thriving global underground marketplace where cybercriminals buy and sell exposed data. It can also help lawyers advise clients on a wide range of legal and business matters, say Anju Chopra and Brian Lapidus of Kroll.

  • Does Rule 45 Protect Nonparties From Undue Burden?

    Matthew Hamilton

    Interpretations of Rule 45 protections vary but what's clear is that "undue burden" does not mean no burden at all. To avoid the costs of compliance with a subpoena, a nonparty should be ready to demonstrate its disinterest in the litigation and the anticipated cost and burden of compliance, say attorneys at Pepper Hamilton LLP.