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Employment

  • August 9, 2018

    EEOC Says Country Club Workers Faced Sexual Harassment

    The U.S. Equal Employment Opportunity Commission has said female employees at a San Diego-area country club were subjected to ongoing sexual harassment by a manager who gave preferential treatment to those who accepted his advances, according to a complaint filed in California federal court.

  • August 9, 2018

    Rising Star: Paul Hastings' Felicia Davis

    Paul Hastings partner Felicia A. Davis helped narrow a suit accusing Google Inc. of underpaying women in California and beat back a sweeping Fair Credit Reporting Act class action brought on behalf of roughly 20,000 Disneyland job applicants, securing herself a place among five employment attorneys honored by Law360 as Rising Stars.

  • August 8, 2018

    NJ High Court Upholds Lawmakers' 'Job Banding' Rule Veto

    The New Jersey Legislature properly invoked the Legislative Review Clause in invalidating a rule from the state Civil Service Commission that enabled certain public employees to be promoted without competitive examinations, because the provision ran afoul of state law, the state Supreme Court ruled Wednesday.

  • August 8, 2018

    Manatt Asks Calif. Court To Toss Recruiter's $335K Trial Win

    Manatt Phelps & Phillips LLP urged a California appeals court Wednesday to find it doesn’t owe a legal recruiter $335,000 for connecting the firm with its now managing partner-elect, arguing a jury found the recruiter didn’t fulfill his deal with Manatt and there was no evidence that was the firm’s fault.

  • August 8, 2018

    Judge To Screen Clerk Linked To BYU-Idaho In Title IX Suit

    An Idaho federal judge whose new law clerk’s brother is the Title IX compliance officer at Brigham Young University-Idaho said Tuesday the clerk "will be screened from ... and will not be involved with" a woman's lawsuit accusing the school of failing to report a sexually abusive professor.

  • August 8, 2018

    EEOC Says Female Employees Harassed At Sports Bar

    The Equal Employment Opportunity Commission said that female employees at the Albuquerque branch of a chain of Mexican-themed sports bars experienced sexual harassment that created a hostile work environment, accusing the company of failing to take action in a complaint filed Wednesday in New Mexico federal court.

  • August 8, 2018

    9th Circ. Keeps Trucker Wage Suit In Federal Court

    The Ninth Circuit on Wednesday reversed a lower court's decision to remand a trucker’s putative wage and hour class action against Swift Transportation to California state court, finding the trucking company showed potential damages exceed the $5 million threshold for federal class actions when including future recoverable attorneys' fees.

  • August 8, 2018

    Insurance Inspectors Strike $2.4M Deal To End Wage Suit

    Overland Solutions Inc. struck a $2.4 million deal Wednesday with a proposed class of insurance inspectors who claim they were misclassified as independent contractors and denied proper wages, sending the deal to a California state judge for approval.

  • August 8, 2018

    Missouri Loss Suggests 'Right-To-Work' Push Is Losing Steam

    The resounding defeat Tuesday of a Missouri ballot measure that would have banned making workers pay for union representation shows that after a recent wave of state laws targeting union fees and a big U.S. Supreme Court win for foes of organized labor, the "right-to-work" movement may be losing traction, experts say.

  • August 8, 2018

    NCAA Adopts Series Of Reforms Amid Hoops Bribery Probe

    Elite high school and college basketball players may seek advice from agents to make decisions about their potential professional careers, and school presidents will be held to a higher standard of accountability for rule violations as part of reforms adopted by the NCAA on Wednesday amid an ongoing federal probe into bribery and corruption in the sport.

  • August 8, 2018

    Bribery Trial Judge Asks How $60K Cash Fits In 'Man-Purse'

    The Manhattan federal judge overseeing the bribery trial of former union boss Norman Seabrook was curious Wednesday about the $60,000 allegedly paid to Seabrook in exchange for a hedge fund investment, pressing a key witness on how that much cash could have been stuffed in a small-sized “man-purse.”

  • August 8, 2018

    NYC Is 1st Major US City To Cap Uber, Lyft Licenses

    New York City on Wednesday became the first major U.S. city to curb the number of Uber, Lyft and similar for-hire vehicles on its roads after the City Council approved a one-year freeze on issuing new licenses to app-based ride-hailing services, while also setting a wage base for drivers.

  • August 8, 2018

    EEOC Slaps Ga. Piggly Wiggly With Sexual Harassment Suit

    The U.S. Equal Employment Opportunity Commission on Wednesday said it has filed suit against the operator of a now-shuttered Piggly Wiggly in Hogansville, Georgia, claiming the grocery store refused to take action when two female employees complained of sexual harassment and ultimately fired the victims for speaking up.

  • August 8, 2018

    NJ-NY Train System Knocks Down Conductor's Injury Suit

    A New Jersey appeals court on Wednesday affirmed the Port Authority Trans-Hudson Corp.'s trial win in a suit brought by a former train conductor who said her shoulder was badly injured when she opened a stuck door between cars.

  • August 8, 2018

    2nd Circ. Scolds Judge For Nixing Wage Suit Ahead Of Trial

    A New York federal judge incorrectly pulled the plug on a wage and hour class action by laundromat workers just a week before a scheduled trial after determining on her own accord they had abandoned their federal claims without giving them a chance to weigh in, the Second Circuit ruled Wednesday.

  • August 8, 2018

    JB Hunt Drivers Lose Class Cert. Ahead Of Calif. Wage Trial

    A California federal judge on Tuesday decertified an approximately 11,000-strong class of J.B. Hunt Transport Inc. drivers accusing the trucking giant of shorting them on wages, meal and rest breaks, saying there are too many variations in how the company's piece-rate compensation system was applied.

  • August 8, 2018

    H&M Workers Win Bag Check Cert. After Starbucks Ruling

    A California federal judge granted class certification Wednesday to some claims that H&M doesn't pay workers for time spent in security checks, finding under the California Supreme Court’s recent Troester v. Starbucks decision that the clothing chain can't argue its inspections were too short to trigger legal liability.

  • August 8, 2018

    Papa John's Workers Seek Class Cert. In Unpaid Training Suit

    A proposed nationwide class of hourly employees at Papa John's has asked a California federal court to conditionally certify a lawsuit claiming the workers were stiffed on minimum wages because the pizza chain forced them to complete mandatory off-the-clock training on its corporate website.

  • August 8, 2018

    Rising Star: Katz Marshall's Alexis Ronickher

    Katz Marshall & Banks LLP partner Alexis Ronickher has successfully represented clients in sexual discrimination and harassment cases, including a former congressional staffer who brought allegations against then-Congressman Patrick Meehan, and in whistleblower actions, making her one of five employment attorneys under age 40 honored as a Law360 Rising Star.

  • August 8, 2018

    Pro Soccer Team Can't Escape Suit Over Violent Teammate

    The D.C. United professional soccer team can't duck a suit over a player with violent tendencies who hit a teammate so hard he suffered a career-ending concussion, a Washington, D.C., federal court said on Wednesday, sweeping aside the team's preemption arguments thanks in large part to a tactical error.

Expert Analysis

  • Will Congress Actually Address Health Care?

    Radha Mohan

    Since the GOP’s failed attempt to repeal the Affordable Care Act last year and the elimination of the individual mandate in the Tax Cuts and Jobs Act, Republicans and Democrats have struggled to address problems in the health care system. Although bills recently passed by the House contain a few provisions with bipartisan support, they face an uphill battle for passage in the Senate, says Radha Mohan at Brownstein Hyatt Farber Schreck LLP.

  • How The Sports Betting Decision May Affect College Athletes

    Elizabeth McCurrach

    With the imminent possibility of widespread legalized gambling following the U.S. Supreme Court's decision in Murphy, the NCAA’s mission to protect the “amateur” athlete is exponentially harder, say Elizabeth McCurrach and Ronald Gaither of BakerHostetler.

  • Litigating Wage And Hour Hybrid Actions: Part 2

    Excerpt from Lexis Practice Advisor
    Craig Friedman

    Although Fair Labor Standards Act collective claims and Rule 23 wage and hour class claims often involve overlapping factual circumstances, it's important not to lose sight of the independent hurdles each presents to litigators, and the way they interact in a hybrid suit. In the final part of this article, attorneys with Jones Day share key strategies to consider at different stages of litigation.

  • Spokeo Strikes Again: Why Challenges To Standing Are Key

    David Anthony

    In Dutta v. State Farm Mutual Automobile Insurance Company, the Ninth Circuit recently affirmed the district court’s decision granting summary judgment to State Farm in a putative Fair Credit Reporting Act class action. The decision presents another helpful application of the U.S. Supreme Court’s 2016 Spokeo opinion, say attorneys at Troutman Sanders LLP.

  • Insurance Tips For 'No Poach' Employment Antitrust Claims

    Jeff Kiburtz

    Regulators are taking new and aggressive steps to address the purported use of "no poach" agreements that allegedly violate antitrust law. Apart from ensuring that current practices comply with state and federal laws, companies should make sure that their insurance policies can help mitigate risk from prior practices, say Jeff Kiburtz and Heather Habes of Covington & Burling LLP.

  • Litigating Wage And Hour Hybrid Actions: Part 1

    Excerpt from Lexis Practice Advisor
    Craig Friedman

    There are several key considerations when handling a hybrid Fair Labor Standards Act and Federal Rule of Civil Procedure 23 wage and hour class and collective action. Attorneys with Jones Day provide an overview of the procedural steps and legal standards involved in litigation, strategies to consider at each stage of the case, and practical guidance on litigating such claims.

  • Who Can Decide Whether 'Class Arbitration' Is Authorized?

    Gilbert Samberg

    In Lamps Plus v. Varela, the U.S. Supreme Court will decide next term whether an arbitration agreement that says nothing about class arbitration can be interpreted to constitute consent by the parties. But it's currently unclear if the Supreme Court will specify who can actually decide that question, says Gilbert Samberg of Mintz Levin Cohn Ferris Glovsky and Popeo PC.

  • Insights On Time-Rounding Systems For Calif. Employers

    Andrea Calem

    A California appellate court's recent opinion in AHMC Healthcare v. Superior Court of Los Angeles County is helpful for employers that use time-rounding systems. The discussion of the statistical criteria required to establish that such practices are neutral is particularly useful, say Andrea Calem and Roland Juarez of Hunton Andrews Kurth LLP.

  • 10 Tips For A Successful Employment Mediation

    Frank Burke

    Recently, courts across the country have seen an increase in employment law claims, a high percentage of which are resolved through the mediation process. In this article, Frank Burke of ADR Services Inc. shares best practices for planning, strategy and mediation advocacy in the employment law arena.

  • The Future Of Authenticating Audio And Video Evidence

    Jonathan Mraunac

    The recent emergence of artificial intelligence-based technology has prompted serious concerns about the future integrity of recordings. Attorneys must think critically about standards for authenticating audio and video evidence as well as legislative and regulatory safeguards to discourage pervasive manipulation and forgery, says Jonathan Mraunac of Ogletree Deakins Nash Smoak & Stewart PC.