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Employment

  • 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.

  • May 18, 2018

    Ex-Server At NYC Eatery Drops Worker Mistreatment Suit

    A former server at Manhattan’s acclaimed French seafood restaurant Le Bernardin has ended her proposed class action against the company less than four months after filing it, with a New York federal judge dismissing on Thursday her allegations that the eatery and its owners mistreated employees and ignored sexual harassment.

  • May 18, 2018

    9th Circ. Affirms Staffing Agency's 2nd Try At $4.5M Deal

    The Ninth Circuit affirmed a $4.5 million settlement resolving wage and meal break claims between Labor Ready Southwest Inc. and a class with more than 200,000 members after rejecting the parties’ earlier agreement, finding Friday that the district court adequately examined the deal’s fairness the second time around.

Expert Analysis

  • Hourly Employee Pay In Calif. Hangs In The Balance

    Grant Alexander

    On Tuesday the California Supreme Court heard oral arguments in Troester v. Starbucks, a case that questions whether the de minimis doctrine applies to wage claims made under the California Labor Code. The court's decision may drastically change how employers do business in the state, says Grant Alexander of Alston & Bird LLP.

  • Supporting Nontraditional Data Types In E-Discovery

    Jason Paroff

    The advancement in connected technologies and software has created an explosion of nontraditional data sources that present challenges to e-discovery practitioners. Many tools and techniques used to process traditional data may not be practical for these new data types, say Jason Paroff and Sagi Sam of Epiq.

  • Planning For New IRC Section 1061: Part 1

    Scott Dolson

    Recently enacted Internal Revenue Code Section 1061 makes several important modifications to the beneficial tax treatment of carried interest. Professionals in the hedge fund, private equity or real estate industries need to keep this new provision in mind when structuring their compensation arrangements, say attorneys at Frost Brown Todd LLC.

  • Employee Arbitration Agreement Insights From Rhode Island

    Alicia Samolis

    A Rhode Island federal court recently ruled in favor of an employer in a decision concerning an employee arbitration agreement, an intriguing split from a decision in a similar case months earlier by the same court in a separate session, say Alicia Samolis and Chris Wildenhain of Partridge Snow & Hahn LLP.

  • An Arbitrator’s Sexual Harassment Decision Is Not Final

    Eric Su

    A New York appellate court’s recent decision in New York City Transit Authority v. Phillips serves as a warning that arbitrations are not necessarily shielded from judicial review and even judicial intervention, particularly when the decision goes against the strong public policy of the state, say Eric Su and Valerie Ferrier of FordHarrison LLP.

  • Series

    State Tax After TCJA: Blue States' Deduction Strategies

    Gary Botwinick

    What do you do when it seems that Washington is out to get you? If you are a lawmaker or governor in New York, California, New Jersey or any of several other blue states that relies on significant income or property taxes to pay your state’s bills, you get creative, says Gary Botwinick of Einhorn Harris Ascher Barbarito & Frost PC.

  • Title IX Enforcement In The #MeToo Era

    Joanne Alnajjar Buser

    Amidst the #MeToo movement and the narrower scope of Title IX enforcement under the Trump administration, some key actions from the U.S. Department of Education's Office for Civil Rights indicate that schools will likely see an increase in private litigation of student sexual harassment and misconduct cases, say Joanne Alnajjar Buser and Corrie Klekowski of Paul Plevin Sullivan & Connaughton LLP.

  • The Fastest Federal Civil Court For A Decade

    Bob Tata

    Out of 94 district courts nationwide, the Eastern District of Virginia has the fastest civil trial docket in the country, now for at least the 10th straight year. The modern EDVA bench clearly takes pride in efficiently dispensing justice, and this dedication to efficiency has continued even in the face of increased filings, says Bob Tata of Hunton Andrews Kurth LLP.

  • Corporate America, Expect A Spike In SEC Reporting

    Christopher Regan

    In addition to the U.S. Supreme Court's Digital Realty decision earlier this year, three other factors have emerged that threaten to set the clock back on internal employee reporting and encourage whistleblowing to the U.S. Securities and Exchange Commission, say attorneys with Buckley Sandler LLP.

  • Defending Lawyer Depositions: Lessons From Waymo V. Uber

    Arturo González

    There are general rules for preparing witnesses for deposition. But what if the witness is a lawyer for a party in the case? In the Waymo v. Uber litigation, we — Uber’s counsel — had to make many tactical decisions when preparing four lawyers for deposition and trial, say Arturo González and Michelle Yang of Morrison & Foerster LLP.