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Employment

  • August 10, 2018

    DOL, NJ Ink Deal To Crack Down On Worker Misclassification

    The U.S. Department of Labor and the New Jersey Department of Labor and Workforce Development signed a cooperation agreement Friday to crack down on the misclassification of workers as independent contractors by employers in the Garden State.  

  • August 10, 2018

    Insurer Won't Cover Bias Suit Over Employee's Breast Cancer

    Allied World Specialty Insurance Co. sued rent-to-own chain Aaron’s Sale & Lease in Illinois federal court Friday, saying a former employee’s discrimination suit over a breast cancer-related disability cannot be covered because the notice came too late.

  • August 10, 2018

    Hospital Workers Could Picket By Entrance, DC Circ. Affirms

    The National Labor Relations Board did not overstep with its finding that off-duty workers at a Washington state hospital were protected by federal labor law when they moved a picket from a nearby sidewalk to the facility entrance, a D.C. Circuit panel said Friday.

  • August 10, 2018

    Nike Sued Over Sex Bias, Ignoring Harassment Complaints

    Several female former Nike employees filed a proposed class action Thursday that alleges the sports apparel giant systematically pays women less than their male counterparts, holds them back from promotions and gives short shrift to their complaints of sexual misbehavior.

  • August 10, 2018

    USPS Gets Jury Win In Retirement Row Seen By High Court

    A Colorado jury has cleared the U.S. Postal Service of an ex-postmaster’s allegations that the agency forced him into retirement because he had complained of racial discrimination, after the U.S. Supreme Court had revived the suit.

  • August 10, 2018

    Atty Referred Case Against Client To His Dad, Suit Says

    A Chicago attorney hired to defend a woman and her employer, a litigation finance company, referred a separate lawsuit filed by the company against the woman to his dad and shared privileged information that undercut her interests, according to a lawsuit filed Thursday in Illinois state court.

  • August 10, 2018

    Labor Dept. Wants Religious Freedom Focus In Bias Probes

    The U.S. Department of Labor office that monitors federal contractors for discrimination told its staff on Friday to factor into their work recent executive orders and court rulings on religious freedom and announced plans for narrower reviews targeting the specific types of discrimination it is tasked with rooting out.

  • August 10, 2018

    Apollo Global, HR Co. Cut $3M Deal In WARN Act Suit

    Apollo Global Management LLC announced it will pay the majority of a $3 million deal to settle a putative class action alleging that it and a human resources company failed to properly warn about 1,000 employees of layoffs at California locations of Apollo's now-defunct party rentals company.

  • August 10, 2018

    Port Authority Workers Win Benefits Suit At NY Appeals Court

    A split New York appellate court has ruled that the state comptroller wrongly excluded certain biweekly payments when calculating the retirement benefits for several Port Authority of New York and New Jersey employees, finding that the main purpose of the compensation was to delay the workers’ retirement after 9/11.

  • August 10, 2018

    DC Circ. Revives Ex-DOD Professor's Age Bias Suit

    The D.C. Circuit on Friday upended the U.S. Department of Defense’s win over claims by a former National Defense University professor that he was illegally fired because he was too old, saying there was enough competing evidence for a jury to decide whether the firing was lawful.

  • August 10, 2018

    Judge OKs $550K Deal In OT Suit Against Car Mat Co.

    An Illinois federal judge on Thursday signed off on a $550,000 deal ending a collective action alleging vehicle floor mat maker WeatherTech illegally denied full overtime wages to more than 1,000 current and former workers.

  • August 10, 2018

    McGuireWoods Adds Litigation, Employment Partners

    McGuireWoods has brought husband and wife Yasser and Meghaan Madriz in as partners at the firm's Houston office, bolstering its litigation and labor and employment stable.

  • August 10, 2018

    Rising Star: Wigdor's Michael Willemin

    Wigdor LLP’s Michael Willemin has helped workers for such titans of finance and media as JPMorgan Chase and Fox News bring suits to right alleged workplace wrongs in his young career, earning him a spot as one of five employment law attorneys under age 40 honored by Law360 as Rising Stars.

  • August 10, 2018

    After #MeToo, Firms Still Have Blind Spots Vetting Laterals

    In the era of #MeToo, law firms are more conscious than they've ever been about the need to vet a potential new partner who may have a history of misconduct, but their options for screening attorneys are constrained by costs and other practical impediments, namely the need to maintain confidentiality in lateral jumps.

  • August 9, 2018

    Goodyear Seeks New Trial After $40M Asbestos Verdict

    A New York jury has awarded $40.1 million to a man with mesothelioma, placing the bulk of the blame for his asbestos exposure on Goodyear Tire, which has asked for a new trial because of “outrageous remarks” made by the man’s counsel during closing arguments.

  • August 9, 2018

    Electric Car Startup Says Rival's No-Poach Terms Are Unlawful

    Electric vehicle startup EVelozcity sued Faraday & Future on Thursday in California state court, calling a contract term its competitor imposes to prevent departing employees from encouraging colleagues to also leave for another company “illegally restrictive.”

  • August 9, 2018

    2nd Circ. Strict On FCA First-To-File Bar In Allergan Case

    A Second Circuit panel ruled Thursday that a False Claims Act relator cannot avoid the FCA's first-to-file bar by filing an amended complaint after a similar earlier suit had been dismissed, in a case accusing drugmaker Allergan Inc. of providing kickbacks to doctors who prescribed its cataract treatments.

  • August 9, 2018

    8th Circ. Says CBA Negates ConAgra Workers' Don-Doff Suit

    The Eighth Circuit on Thursday upheld the dismissal of a proposed class action accusing ConAgra of not paying workers at an Arkansas facility for time they spent donning and doffing protective gear, saying the company acted according to the terms of a collective bargaining agreement.

  • August 9, 2018

    EEOC Says United Backed Pilot Who Posted Colleague Nudes

    The Equal Employment Opportunity Commission accused United Airlines Inc. of discriminating against a flight attendant on the basis of sex for its refusal to punish a pilot, even after he pled guilty to posting provocative images and videos of her on the internet for years, according to a suit filed in Texas federal court Thursday.

  • August 9, 2018

    Chicago Parade Helpers 'Sabotaged' Sponsor Ties, Suit Says

    The organizer of Chicago’s annual Bud Billiken parade has sued two people it hired to help organize its 2017 event, saying Tuesday that the pair “sabotaged” its relationship with several major sponsors and have threatened to disrupt this year’s procession.

Expert Analysis

  • Series

    Clerking For Ginsburg: In Pursuit Of Precision

    Trevor Morrison

    As clerks for Justice Ruth Bader Ginsburg, we learned early on that, when preparing a memorandum or draft opinion, it was essential to present any opposing argument in its strongest possible light. There is a lesson here for today's public debates, says Trevor Morrison, dean of NYU Law School.

  • NY Offshore Wind Plan Spotlights Jones Act Compliance

    Charlie Papavizas

    Last month, New York Gov. Andrew Cuomo announced an ambitious offshore wind power plan. But to succeed, the plan must comply with the many restrictions of the Jones Act, a federal law that reserves U.S. domestic maritime trade to U.S.-built vessels owned and operated by Americans, says Charlie Papavizas of Winston & Strawn LLP.

  • The State Of Play For Retaliation Claims

    Amy Strauss

    The number of retaliation charges received by the U.S. Equal Employment Opportunity Commission in recent years has steadily been increasing. It's clear that this issue is bubbling closer to the surface, and it may be even more challenging for employers than the underlying discrimination from which it usually springs, says Amy Strauss of Fisher Phillips.

  • Series

    Clerking For Ginsburg: My RBG Guide To Judging

    Goodwin Liu

    I clerked for Justice Ruth Bader Ginsburg before the days of RBG bobbleheads and “You Can’t Spell Truth Without Ruth” T-shirts. I had no idea I would become a judge, and I feel lucky every day that I had the chance to learn from her, says California Supreme Court Justice Goodwin Liu.

  • FLSA Settlements Face Challenges In NY After Cheeks Ruling

    Alex Umansky

    Following the mandated court review of all Fair Labor Standards Act settlements, which resulted from the Second Circuit's decision in Cheeks v. Freeport Pancake House, two recent decisions show how courts have begun to routinely reject agreements that contain terms once considered boilerplate, say Alex Umansky and Jeffrey Rosenberg of the Law Office of Yuriy Moshes PC.

  • Opinion

    It's Prime Time For A Dose Of Reality On Brett Kavanaugh

    Daniel Karon

    President Donald Trump's announcement of his next U.S. Supreme Court nominee, D.C. Circuit Judge Brett Kavanaugh, had the trappings of reality TV. But left unmentioned were Kavanaugh’s troubling opinions on workplace safety standards, age discrimination and class action plaintiffs, says Daniel Karon of Karon LLC.

  • Gap Between Calif. And Federal Wage And Hour Law Grows

    Kirstin Muller

    In its recent decision in Troester v. Starbucks, the California Supreme Court unanimously rejected application of the federal Fair Labor Standards Act’s “de minimis” doctrine to California wage and hour law. The ruling changes the state's employment law landscape in important ways, says Kirstin Muller of Hirschfeld Kraemer LLP.

  • Series

    Clerking For Ginsburg: 4 Things I Learned

    Judge John Owens

    A lot has changed since I clerked for Justice Ruth Bader Ginsburg 20 years ago. At that time, I had hair and no wife. I also thought I knew everything — but working for the justice made me realize very quickly that I actually knew very little, says Ninth Circuit Judge John Owens.

  • New Agency Insights On Independent Contractors

    Jeffrey Winchester

    While a recent bulletin from the U.S. Department of Labor and a decision from the New York State Unemployment Insurance Appeal Board are of limited, if any, precedential value in the court system, companies would be well-advised to keep in mind the factors outlined in both when addressing questions related to independent contractors and the employer-employee relationship, says Jeffrey Winchester of Fisher Phillips.

  • Looking For Answers On Call-In Scheduling In Calif.

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    After nearly four years of litigation in California federal court, Samantha Jones v. Abercrombie & Fitch is on the cusp of settlement. But depending on whether it's approved, the issue of call-in time as reporting time for purposes of employee compensation in California may still remain unanswered, says Desi Kalcheva of Paul Plevin Sullivan & Connaughton LLP.