Employment

  • May 21, 2018

    Cohen Seglias Unveils NJ Office With Partner Pair

    Cohen Seglias Pallas Greenhall & Furman PC unveiled a new presence in New Jersey on Monday with two additions — a managing partner who practices employment law and a partner with a nearly four-decade career focusing on the construction industry.

  • May 21, 2018

    Ex-Uber Engineer Files Sexual Harassment Suit

    A former Uber programmer sued the ride-hailing giant in California state court Monday alleging she was subject to such severe sexual harassment and retaliation that she was hospitalized, in a filing that comes days after the company pledged not to send sexual misconduct-based suits to arbitration.

  • May 21, 2018

    Jevic Ch. 11 To Convert To Ch. 7 After Denial Of Settlement

    The long-running bankruptcy case of trucking firm Jevic Holding Corp. will convert to a Chapter 7 liquidation after a Delaware judge denied approval Monday of the latest proposed settlement floated by the company and its creditors to dismiss the case.

  • May 21, 2018

    ESPN Can't Exclude Sex Harassment Allegations: Ex-Analyst

    A former ESPN legal analyst Friday asked a Connecticut federal court to reject the network's attempt to exclude allegations of past sexual harassment of other female employees from her own sexual harassment suit, saying they establish the company has a long-standing hostile work environment.

  • May 21, 2018

    Exotic Dancers Denied Quick Win In Misclassification Suit

    Exotic dancers did not demonstrate several of the companies that allegedly failed to pay them proper wages under the Fair Labor Standards Act were actually their employers or prove the dancers should not be classified as independent contractors, a Wisconsin federal judge ruled Monday.

  • May 21, 2018

    Mass. Tech Co. Says Ex-Employees Gave Secrets To Rival

    A Massachusetts semiconductor maker on Monday sued a Bay State competitor, claiming three former employees who had jumped ship brought with them trade secrets that have led to two different patents being infringed.

  • May 21, 2018

    EEOC Wants Food Co. Sanctioned Over Missing Emails

    The U.S. Equal Employment Opportunity Commission asked a Maryland federal court Monday to sanction a food distributor it alleges spoiled electronically stored information crucial to a yearslong case accusing the company of refusing to hire women.

  • May 21, 2018

    Health Care Co. Seeks Whistleblower Sanctions In FCA Suit

    Aveta Inc. and its affiliates asked a Puerto Rico federal court Monday to sanction a whistleblower and strike his allegedly dishonest testimony in a False Claims Act suit accusing the health-care company's Medicare Advantage plans of collecting $1 billion in government overpayments.

  • May 21, 2018

    FDNY EMS Underpromotes Women, Minorities, Suit Says

    The New York City Fire Department unfairly denies officer jobs to nonwhite and female emergency medical services workers through a "highly subjective" promotional process that leaves decisions up to their mostly white and male superiors, an emergency medical services union alleges in a proposed class action filed Monday in New York federal court.

  • May 21, 2018

    High Court Won't Revive Oil Rig Indemnity Claim

    The U.S. Supreme Court on Monday declined to hear an appeal of an en banc Fifth Circuit ruling that allowed a contractor and its insurer to escape indemnity for an offshore gas well accident on the grounds Louisiana state law and not maritime law applied.

  • May 21, 2018

    Justices Turn Away Solvay FCA Off-Label Marketing Case

    The U.S. Supreme Court on Monday rejected a bid to revisit a decision tossing a whistleblower's False Claims Act case that had accused Solvay Pharmaceuticals of inducing false Medicaid claims through alleged off-label marketing and kickback schemes for three of its drugs.

  • May 21, 2018

    AT&T To Pay Cell Tower Technician $30M Over 50-Ft. Fall

    A cellphone tower technician has reached a $30 million settlement in a case against AT&T over a 50-foot fall he took from a Pennsylvania tower he says did not have proper safety features, his attorneys announced Monday.

  • May 21, 2018

    Menards Says Retaliation Complaint Exceeds NLRB's Reach

    Menard Inc. hit the National Labor Relations Board with a lawsuit in Wisconsin federal court alleging it is exceeding its statutory authority by bringing a retaliation complaint on behalf of the head of a delivery services company, despite an NLRB judge's previous finding that the company and others like it were independent contractors.

  • May 21, 2018

    Pizzeria Can Fire Worker Who Criticized Boss: NLRB Judge

    A National Labor Relations Board judge has rejected charges that a Maryland pizzeria violated federal labor law by firing a worker who insulted his boss at a meeting, saying the worker was just voicing personal gripes rather than fighting for better work terms.

  • May 21, 2018

    High Court Blesses Employers' Use Of Class Waivers

    The U.S. Supreme Court ruled Monday that employment agreements forcing workers to sign away their rights to pursue class action claims are legal, rejecting the National Labor Relations Board’s position that class waivers violate federal labor law.

  • May 18, 2018

    Foley & Lardner Beats DQ In IP Suit Against Patent Atty

    There’s “no basis whatsoever” to grant slot machine game maker High 5 Games’ bid to disqualify Foley & Lardner LLP from representing a former in-house patent attorney who allegedly stole the company’s trade secrets, a New Jersey federal judge ruled Friday, rejecting the plaintiff’s claims that the attorneys accused their own clients of perjury.

  • May 18, 2018

    EEOC Loses Trial Over Rent-A-Center Firing Of Trans Worker

    An Illinois federal jury found Friday that Rent-A-Center East Inc. didn’t illegally fire a transgender employee after she told the company she was transitioning, dealing a loss to the U.S. Equal Employment Opportunity Commission and its argument that the termination flouted federal anti-discrimination law.

  • May 18, 2018

    Fox Ditches Ex-Host’s Cyberstalking, Sexual Harassment Suit

    Former Fox News personality Andrea Tantaros lost her case alleging that when she complained about sexual harassment at the network, its executives and contributors cyberstalked her, with a New York federal judge on Friday finding the suit relied on “speculation and conjecture.”

  • May 18, 2018

    No DQ For Judge In Suit Against Alma Mater, 7th Circ. Says

    An Illinois federal judge who graduated from Bradley University and spoke about his “love affair” with the school was not required to recuse himself from an employment discrimination suit against it, the Seventh Circuit said in an opinion Friday.

  • May 18, 2018

    Tesla Inks $1M OT Deal With Calif. Car Salespeople

    Tesla Inc. reached a $1 million deal Thursday to end a putative class action alleging the electric-car maker failed to pay overtime and provide proper meal and rest breaks to hundreds of California-based owner advisers and sales advisers, according to court filings.

Expert Analysis

  • Ending Forced Arbitration In Workplace Discrimination Cases

    Joseph Abboud

    While recent actions to eliminate forced arbitration for employee sexual harassment and sex discrimination claims are welcomed developments in the wake of the #MeToo movement, the concerns motivating the movement provide a similar opportunity to consider the ramifications of changes that benefit one group and how they might be expanded to benefit all workers, says Joseph Abboud of Katz Marshall & Banks LLP.

  • Opinion

    Recovering Lawyers' Lost Position Of Independence

    Samuel Samaro

    In these politically divisive times, many ask whether our institutions and traditions can help us return to a greater consensus. In days long past, the legal profession could have been counted on to serve just such a function. But lawyers are now just as polarized as everyone else, says Samuel Samaro of Pashman Stein Walder Hayden PC.

  • Employee Promotion Lessons From Hussain V. FedEx

    Jill Vorobiev

    While Federal Express succeeded at summary judgment and juries twice found in its favor in Hussain v. FedEx, the path to its recent victory was a long and likely costly one. Employers seeking to mitigate the risk of similar promotion-related discrimination claims should bear in mind the factors that led the Seventh Circuit to reverse the district court's summary judgment, say Jill Vorobiev and Adam Weiner of Reed Smith LLP.

  • Gender Pay Data: Impact Of European Laws In The US

    Lynne Bernabei

    Although American and European equal pay laws often develop on parallel tracks, the U.S has not kept pace with the EU in terms of pay transparency. However, new European laws may have the unintended consequence of pushing multinationals with U.S. employees to publish pay data to keep up with their European counterparts, say Lynne Bernabei and Kristen Sinisi of Bernabei & Kabat PLLC.

  • 8 Reasons To Take A Fresh Look At Your Law Office Lease

    Tiffany Winne

    After moving into a new law office, tenants often file their signed leases away, figuring that the terms are set for a few years at least. However, leases can be very flexible instruments, and should be reviewed annually even if nothing seems amiss, says Tiffany Winne of Savills Studley Inc.

  • Tackling Depositions In Wage And Hour Misclassification Suits

    Excerpt from Lexis Practice Advisor
    Kamran Mirrafati

    A plaintiff’s deposition is often the most crucial deposition in wage and hour exemption misclassification cases. Kamran Mirrafati and Archana Manwani of Foley & Lardner LLP discuss how to prepare for and take this type of deposition, as well as how to defend the deposition of a Federal Rule of Civil Procedure 30(b)(6) witness in such cases.

  • Growing Caregiver Benefits In The US Workplace And Beyond

    Louise Balsan

    As Mother's Day approaches and more initiatives in the U.S. and around the world are aimed at increasing opportunities at work for working mothers (and caregivers more generally), attorneys with Baker McKenzie discuss recent benefits made available to these employees and review updates multinational employers need to know.

  • Calif. Case Brings Guidance On Post-Dispute Arbitration Pacts

    Margaret Maraschino

    A California appellate court's recent decision in Nguyen v. Inter-Coast International Training provides valuable guidance to employers that may wish to introduce post-dispute arbitration agreements while seeking to avoid an unconscionability finding, says Margaret Maraschino​​​​​​​ of Munger Tolles & Olson LLP.

  • A General Counsel's Tips For Succeeding As A New Associate

    Jason Idilbi

    Based on his experience as a BigLaw associate for six years and now as general counsel for a tech startup, Jason Idilbi of Passport Labs offers some best practices for newer associates — whether they are serving external clients or senior attorneys within their firms.

  • F-1 Visa Holders Changing To H-1B Face New Risks

    Xavier Francis

    U.S. Citizenship and Immigration Services recently announced it will temporarily suspend premium processing for all fiscal year 2019 H-1B cap petitions. While this move affects many stakeholders, F-1 visa holders may be exposed to more collateral harm in the long run unless policy changes are made, says Xavier Francis of Erickson Immigration Group.