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Employment

  • August 6, 2018

    NY Law Firm Settles Former ALJ's Due-Process Claims

    The New York law firm Raff & Becker received court approval Monday to settle a former high-ranking administrative judge's claims that it conspired to retaliate against him after he reported the alleged diversion of funds meant for unemployment claims hearings.

  • August 6, 2018

    EEOC Can’t Keep Immigration Docs In Farm Rape Case Sealed

    A Florida federal judge Monday denied the Equal Employment Opportunity Commission's request to keep sealed immigration documents for a woman a Florida farm allegedly fired for claiming a supervisor raped her, saying that revealing she applied for a visa wouldn’t deter illegal immigrants from bringing discrimination claims.

  • August 6, 2018

    Gov’t Seeks To DQ Orrick In Fitbit Trade Secrets Case

    The government asked a California federal judge to disqualify Orrick Herrington & Sutcliffe LLP, which is representing a former Fitbit Inc. employee accused of stealing trade secrets from another previous employer, Jawbone, saying that the firm's previous representation of other defendants in the case presents a conflict of interest.

  • August 6, 2018

    NLRB Judge Dings Sign Language Co. For Labor Violations

    A National Labor Relations Board judge ruled Friday that a sign-language interpreting company committed a litany of labor law violations, including continuing to enforce its policy restricting workers’ ability to use company email for union business and promising better benefits to workers who eschew union representation.  

  • August 6, 2018

    Judge Certifies Detainee Class Paid $1 Daily Work Rate

    A Washington federal judge on Monday certified a class of current and former immigrant detainees working at a facility owned by GEO Group Inc., refusing to toss their suit claiming that the private prison giant violated a state labor law by paying them a $1 daily rate for working at the center.

  • August 6, 2018

    Administrative Law Judges Validly Appointed, NLRB Says

    The National Labor Relations Board ruled Monday that it has properly appointed its administrative law judges, rejecting a graphics printing company’s challenge to the validity of the administrative judge overseeing an unfair labor practice case against it.  

  • August 6, 2018

    Band Can't Yet Appeal Dismissal Of Claims Against Union

    A New York federal judge rejected a Jewish band’s request to immediately appeal the dismissal of breach of contract and other claims it asserted against a union after a multiemployer pension fund sued the band in an effort to collect a withdrawal fee.

  • August 6, 2018

    Janus Ruling Finds Way Into Ex-Union Boss' Bribery Trial

    The U.S. Supreme Court's Janus ruling crimping union fee collection bled into the Manhattan bribery retrial of former labor boss Norman Seabrook Monday when a key witness suggested to the jury that union investment losses tied to Seabrook's alleged $20 million corruption scheme could weaken it against enemies of organized labor.

  • August 6, 2018

    9th Circ. Says Translation Co. Liable For Staff Polygraphs

    The Ninth Circuit on Friday refused to overturn a decision holding a federal translation services contractor liable for unlawfully making its linguists take lie detector tests, but it also refused to reapportion the split of damages between the contractor and the U.S. Drug Enforcement Administration, as the linguists had asked.

  • August 6, 2018

    Minn. Court Reinstates $1.5M Award To Injured BNSF Worker

    A Minnesota appellate panel on Monday reinstated a $1.5 million judgment in a suit brought by a former BNSF Railway Co. conductor who claimed the railroad giant violated federal law and caused his back injury, saying the evidence supported a jury verdict in the worker's favor.

  • August 6, 2018

    FirstEnergy Unit Defends Bonuses In Retention Plan

    FirstEnergy Corp.'s bankrupt nuclear generation unit has urged a court to ignore objections a collection of unions filed complaining that the company is seeking to pay nearly all but its unionized workers an aggregate of millions of dollars in bonuses for staying on the job as operations wind down.

  • August 6, 2018

    Atty Says Former Firm Emailed Clients Claiming He Broke Law

    An intellectual property attorney has brought a defamation suit against the founder of his former firm, SpencePC, in Illinois state court, claiming the founder emailed all of the attorney's clients falsely alleging he had acted unethically and potentially illegally while employed there.

  • August 6, 2018

    Trump Cut From Transgender Military Ban Suit Against Gov't

    A Washington, D.C., federal judge on Monday cut President Donald Trump from a suit challenging his administration’s policy banning many transgender people from military service in order to avoid “unnecessary constitutional confrontations,” but refused to dismiss the suit outright, saying a change to the policy had not eliminated the basis for the challenge.

  • August 6, 2018

    Judge Won't Yet Swallow $2M Jamba Juice Wage Settlement

    A California judge on Monday declined to preliminarily approve smoothie chain Jamba Juice's $1.95 million deal resolving allegations that it forced roughly 5,500 employees to work off the clock, saying she needs more detail about the claims being released before she can sign off on the settlement.

  • August 6, 2018

    NY AG Underwood Sues DOL Over Wage Amnesty Docs

    New York State Attorney General Barbara Underwood sued the U.S. Department of Labor on Monday to make it release documents saying how and why it launched a new program that lets businesses escape federal suits by reporting and correcting wage violations.

  • August 6, 2018

    Grocery Co. Didn't Retaliate Against Whistleblower: DOL

    A U.S. Department of Labor administrative law judge Friday tossed a case in which a former employee of a grocery store company accused it of violating federal whistleblower regulations by terminating him after he reported alleged immigration law violations.

  • August 6, 2018

    Firm Sues Disbarred Atty Over 'Misappropriated' Funds

    A Chicago law firm has filed a $5 million suit in state court against a disbarred real estate attorney who allegedly stole client funds during his years at the firm.

  • August 6, 2018

    3K Chipotle Workers Dropped From Wage Suit

    A Colorado federal judge on Friday trimmed nearly 3,000 Chipotle Mexican Grill workers from a collective action accusing the company of not paying hourly employees for off-the-clock work since they had signed arbitration agreements that barred them from pursuing claims collectively.

  • August 6, 2018

    Chamber Says 9th Circ. Shouldn't Redo Uber Union Opinion

    A Ninth Circuit panel was right to find that Seattle’s law letting for-hire drivers, like those from Uber, form quasi-unions is vulnerable to an antitrust challenge, the U.S. Chamber of Commerce said Friday in a brief urging the full court not to rethink a ruling reviving parts of the business group’s suit.

  • August 6, 2018

    WWE Seeks Attys' Fees After Sanctions In Concussion Suit

    World Wrestling Entertainment Inc. has asked a Connecticut federal judge to order an attorney for two former wrestlers to pay the entertainment company's $176,486 legal bill for attorneys' fees and costs associated with an earlier sanctions order over an evidence dispute in the wrestlers' concussion suit.

Expert Analysis

  • Incentive Plans And Shareholder Approval After Tax Reform

    William Woolston

    Among the many questions companies face following last year's tax reform is whether to continue seeking periodic shareholder approval for the performance criteria under executive compensation plans, despite elimination of the incentive of a corporate tax deduction. But even if it no longer results in a deduction, there may be other reasons why companies might opt to continue seeking shareholder approval, say William Woolston and Megan Woodford of Covington & Burling LLP.

  • Protecting Employee Benefit Plans With Cyber Insurance

    Laura Fischer

    Employment benefit plans rely on a variety of service providers to administer benefits, making them vulnerable to cyberattacks. Plan sponsors should ensure that their employee benefit plans have as many levels of protection as possible, including fiduciary liability insurance, fidelity bonds and cyber liability insurance, says Laura Fischer of Spencer Fane LLP.

  • Congressional Forecast: July

    Layth Elhassani

    While Senate hearings on the nomination of Brett Kavanaugh to the U.S. Supreme Court will draw much attention during July, Congress remains very busy with fiscal year 2019 appropriations bills. The chambers may go to conference this month on the first of several appropriations "minibuses," says Layth Elhassani of Covington & Burling LLP.

  • A Big Verdict Highlights Hazardous Trucking Practices

    John Jose

    The $90 million verdict handed down against Werner Enterprises by a Texas court in May highlights the dangers that can arise when trucking companies pair an experienced driver with a student, then allow the veteran driver to rest while the student behind the wheel faces dangerous driving conditions. Until this practice is changed, we can anticipate more lawsuits like Werner, says John Jose of Slack Davis Sanger LLP.

  • What Kavanaugh's Writing Tells Us About His Personality

    Matthew Hall

    People with certain personality traits tend to use certain words. A computer analysis of Judge Brett Kavanaugh’s D.C. Circuit opinions reveals that he is highly extraverted, which means that he would be a prominent voice on the U.S. Supreme Court, says Matthew Hall, a professor at the University of Notre Dame.

  • Employee Performance Ratings: Tainted Or Sainted?

    Lisa Harpe

    The recent focus on pay equity and employers’ pay practices has heightened the need to consider equal employment opportunity outcomes in performance ratings systems. Lisa Harpe and Sarah Gilbert of DCI Consulting Group discuss the current legal environment and proactive steps to examine performance ratings in the context of evaluating pay equity.

  • Opinion

    3 Pros, 3 Cons Of Litigation Finance

    Ralph Sutton

    An educated guess puts the number of new litigation funders launched in the past 18 months at 30 — an astonishing number, with more to come. Is this a blessing to our legal system or something more akin to tulip mania? Maybe both, says Ralph Sutton, founder and CEO of litigation funding firm Validity Finance LLC.

  • How Health Insurance Affects Minimum Wage In Nevada

    Rick Roskelley

    In MDC v. Eighth Judicial District Court, the Nevada Supreme Court clarified the conditions under which Nevada employees may pay a lower tier minimum wage. However, the court also created a potentially confusing new requirement defining health insurance under the state's minimum wage amendment, say Rick Roskelley and Kathryn Blakey of Littler Mendelson PC.

  • Are B-1 Business Visitors Trump's Next Target?

    Jeff Gorsky

    Most of the recent attention on the Trump administration’s plans to restrict or reform temporary work visas has focused on H-1B visas for professionals. However, travel on business visitor B-1 status could be another potential target, says Jeff Gorsky of Berry Appleman & Leiden LLP.

  • Modern Communication Brings E-Discovery Challenges

    Thomas Bonk

    As new communications platforms displace email, the legal industry is awkwardly grappling with complex e-discovery questions. Fortunately, this environment provides a very fertile ground of incentives for innovation in both e-discovery technology and service offerings, says Thomas Bonk of Epiq.