Employment

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.
January 16, 2019
Westmoreland Says It Will Seek To End Union Contract

Saying it was unable to get the benefits concessions it needs under its postpetition financing arrangement, Westmoreland Coal told a Texas bankruptcy judge Wednesday it plans to ask permission to reject its contracts with the United Mine Workers of America.
January 16, 2019
Religious Bias Suit OK'd Over Pfizer's Iffy Arbitration Policy

Pfizer Inc. can’t enforce an arbitration clause that it never made its employees explicitly agree to, a New Jersey appeals court said Wednesday, clearing a former corporate flight attendant to sue for religious discrimination.
January 16, 2019
NJ Apprenticeship Rule May Be Heavy Lift For Contractors

New Jersey contractors may soon face tough choices if the governor signs a bill requiring apprenticeship programs for those working on government construction projects, yet some may be able to avoid its effects for a year or two, attorneys say.
January 16, 2019
Match Accuses Tinder Co-Founder Of Swiping Trade Secrets

Tinder co-founder Sean Rad violated trade secret protection agreements by making copies of his work emails and other documents, Tinder owner Match Group Inc. and its parent company said in a suit filed in New York state court.
January 16, 2019
Trump Signs Bill Promising Back Pay To Furloughed Workers

President Donald Trump signed a bill Wednesday to give furloughed federal workers back pay after the end of the partial government shutdown, which, as of his signing, was in its 26th day — the longest in U.S. history.
January 16, 2019
Amazon Shoots Back At Bias Allegations Over Job Ads

Amazon.com Inc. further urged a California federal court Wednesday to let it escape a suit accusing it of illegally blocking a proposed nationwide class of older workers from seeing Facebook job ads, arguing both that the suit's claims fall short and that the court doesn't have jurisdiction to hear them.
January 16, 2019
Oracle Can’t Toss Race, Sex Bias Case Over ALJs

Oracle America must continue fighting a race and sex bias suit brought by the U.S. Department of Labor federal contracts watchdog after an agency administrative law judge rejected its claim that he and his colleagues were not validly appointed under a recent U.S. Supreme Court ruling.

Expert Analysis

Automotive Tech In 2018: Legal Trends And Developments

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

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

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

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

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.
Opinion

The Case For Lawyer-Directed Litigation Funding In NY: Part 1

Contrary to what the New York City Bar Association concluded in an ethics opinion last year, lawyer-directed nonrecourse commercial litigation funding does not violate New York rules on sharing fees with nonlawyers, say Peter Jarvis and Trisha Thompson of Holland & Knight LLP.
Navigating DHS' Uncertain H-1B Overhaul

Although the U.S. Department of Homeland Security's recently proposed changes to the H-1B visa lottery are intended to make the process quicker and easier, they appear unlikely to be finalized before the next H-1B cap application period begins, says Matthew Kolodziej of Jia Law Group.
How Employers Can Respond To ACA Penalty Letter From IRS

An IRS Form Letter 226J payment demand signals a determination of failure to satisfy the Affordable Care Act's employer mandate. But careful examination of factors supporting the claim may reveal that the payment obligation is substantially overstated or perhaps not owed at all, says Michael Morris of Bressler Amery & Ross PC.
A Look Back And Ahead At Background Reports Under FCRA

Since 2017, Fair Credit Reporting Act litigation has increased by 4 percent. As this rise continues, Matthew Simpson of Fisher Phillips examines some of the familiar trends these cases follow.
7 Questions To Add To Your Lateral Partner Questionnaire

Law firms should redesign the vetting process for lateral candidates so it directly addresses sexual harassment and assault issues, says Howard Rosenberg of Decipher.

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