Employment

  • May 15, 2018

    Uber's Move Away From Arbitration Falls Short, Attys Say

    Uber won plaudits Tuesday with its announcement that it would no longer steer sexual misconduct claims into arbitration, but critics were quick to pump the brakes on the praise, noting that the ride-hailing giant can still use arbitration to keep class actions from seeing their day in court.

  • May 15, 2018

    Insurer Says It Was Pulled In Too Late In Injured Worker's Suit

    Motorists Mutual Insurance Co. asked a Pennsylvania federal court on Tuesday to end residential builder NVR Inc.'s lawsuit seeking coverage for litigation tied to a propane heater explosion that injured a construction worker, saying it should not be obligated to provide coverage for a settlement it did not negotiate.

  • May 15, 2018

    US Urges Supreme Court To Review W.Va. Retiree Tax Case

    Federal attorneys, responding to a request from the U.S. Supreme Court, urged the justices Tuesday to examine a claim from a federal law enforcement retiree that West Virginia improperly grants preferential tax treatment to state law enforcement retirees.

  • May 15, 2018

    Dell To Pay $3M To End DOL Pay Discrimination Claims

    Dell Technologies Inc. has agreed to pay nearly 500 female and African-American employees $2.9 million to settle allegations that four locations in California and North Carolina paid women and some minority workers less than their white male counterparts, the U.S. Department of Labor’s federal contracts watchdog announced Monday.

  • May 15, 2018

    11th Circ. Won't Rethink Ruling In Contractor Fall Fight

    An Eleventh Circuit panel refused Tuesday to reconsider its ruling that a roofing company sales representative who allegedly did not properly inspect a roof before a contractor fell through it and became paralyzed was an employee and is therefore covered by a Houston Specialty Insurance policy.

  • May 15, 2018

    Whole Foods Escapes Part Of Worker's Race Bias Suit

    A Louisiana federal judge on Tuesday tossed parts of a suit alleging Whole Foods Market Inc. let workers harass an African-American worker over his race, saying the treatment the worker described wasn’t harsh enough to support a suit.

  • May 15, 2018

    Health Co. Must Face Pregnancy Bias Claims: 10th Circ.

    The Tenth Circuit on Tuesday revived a discrimination suit against a health care services company by a former employee, ruling she presented enough circumstantial evidence to convince a jury that the company's explanation for terminating her employment was an excuse to fire her because she was pregnant.

  • May 15, 2018

    Drilling Co. Must Face Mechanic's Chemical Burn Suit

    A Texas appellate court on Tuesday revived a personal injury suit against Diamond Offshore Drilling Inc. brought by a mechanic who claims he sustained chemical burns while working to repair a Diamond vessel, rejecting the company's argument that the case had to be brought in Bermuda under the man's employment agreement.

  • May 15, 2018

    NASA Supplier Can't Immediately Enforce $3.1M Judgment

    A Pennsylvania federal judge paused NASA supplier Advanced Fluid Systems Inc.’s bid to enforce a $3.1 million judgment against rival supplier Livingston & Haven LLC, finding that Livingston had properly requested a stay by securing a letter of credit as security while it seeks a new trial.

  • May 15, 2018

    Uber’s Bid To Ditch Assault Claims 'A Costly Sideshow': Judge

    Uber Technologies Inc. on Tuesday lost its bid to trim assault and false imprisonment claims filed by a 16-year-old girl who said the ride-hailing giant negligently hired a lascivious driver who held her in his car against her will, after a San Francisco judge called Uber's motion "a costly sideshow."

  • May 16, 2018

    CORRECTED: FirstEnergy Units May Pay $50M For Bonuses In Ch. 11

    An Ohio bankruptcy judge on Monday authorized units of bankrupt FirstEnergy Corp. to provide up to $50 million in incentive and retention bonus payments to their employees. Correction: A previous version of this story incorrectly reported the amount of bonus payments approved by the court. The error has been corrected. 

  • May 15, 2018

    Chancery Grants Class $3M In Legal Fees For Sorrento Suit

    A Delaware vice chancellor approved a $3.25 million settlement fee Tuesday for class attorneys who sued biopharma Sorrento Therapeutics Inc. in 2016 over insider stock and option awards and conflicted asset transfers, producing a reported $100 million benefit for investors and the company.

  • May 15, 2018

    Related Nixes Claims In Poaching, Trade Secrets Suit

    A New York federal judge on Monday threw out four remaining claims against the Related Cos. in a dispute over the real estate developer’s alleged poaching of a building company’s president and its trade secrets, but said a recent New York state court ruling left the door open for two previously dismissed claims to be revived.

  • May 15, 2018

    Private Detainee Center Can't Dodge Labor Abuse Row

    A California federal judge on Monday declined to toss a putative class action filed by immigrants who allege that their wages were stolen by the owner of a privately run detention facility, but did pare back some of the wage allegations.

  • May 15, 2018

    Union Files NLRB Charges Over AT&T's Tax Savings Silence

    The Communications Workers of America union has filed charges with the National Labor Relations Board alleging AT&T and TV station operator Nexstar Media Group violated federal labor law by refusing requests to explain how they’re using their windfalls from last year’s tax overhaul.

  • May 15, 2018

    Riddell Says Ex-NFLers' Concussion Claims Covered By CBAs

    Former NFL players who opted out of a settlement in multidistrict litigation over brain injuries should not be able to bring a lawsuit against helmet maker Riddell Inc., because their claims are covered by collective bargaining agreements, the company said Monday in Pennsylvania federal court.

  • May 15, 2018

    Calif. Appeals Panel Revives UC Prof's Whistleblower Case

    A California appeals court has revived a whistleblower case filed by a former radiology professor at the University of California, Irvine School of Medicine, finding there should be a trial to determine if the university fired him because he complained of patient safety risks at the medical school’s brain imaging center.

  • May 15, 2018

    DC Circ. Won't Revive Ex-EPA Supervisor's Age Bias Suit

    The D.C. Circuit on Tuesday affirmed dismissal of a former U.S. Environmental Protection Agency criminal enforcement office supervisor's age bias suit against the agency, agreeing with the lower court that he missed a deadline to sue.

  • May 15, 2018

    Costco Job Applicant Defends Challenge To Cannabis Policy

    A Costco Wholesale Corp. job applicant urged a Minnesota federal judge Monday not to toss his proposed class action accusing the retailer of wrongly denying applicants employment because of medical marijuana use, arguing that he had a right to sue under the state’s civil rights law.

  • May 15, 2018

    Uber, Lyft Vow Not To Push Arbitration For Sex Assault Claims

    Uber Technologies Inc. and Lyft Inc. said Tuesday that they will no longer push arbitration for individual claims of sexual assault or sexual harassment against riders, drivers or employees, clearing the way for such claims to be heard in court.

Expert Analysis

  • Congress Makes A Splash By Tackling Tip Pools

    Marc Zimmerman

    The tug of war over which restaurant employees are entitled to a piece of customer gratuities continues. Seven years after the U.S. Department of Labor issued regulations expressly prohibiting employers from requiring tipped employees to share gratuities with nontipped staff, the rope has moved in the opposite direction, say Marc Zimmerman and Kathryn Lundy of Michelman & Robinson LLP.

  • Proactive Pay Equity Studies Can Shield Mass. Employers

    Catherine Alford

    Recent updates to Massachusetts' law requiring gender equity in pay make it among the strongest of such laws in the U.S. However, the ability of companies to conduct proactive pay audits as an affirmative defense under the Massachusetts statute may offer employers the opportunity to substantially reduce the risk of future litigation, say consultants at Analysis Group Inc.

  • Companies Can’t Afford To Ignore Accessibility

    John Capobianco

    Last year saw the fifth consecutive year of growth in the number of Americans with Disabilities Act lawsuits. Given the financial and reputational costs of such litigation, business owners and operators would be wise to evaluate current practices regarding accessibility and accessible services for deaf and hard-of-hearing patrons, says John Capobianco of VITAC Corporation.

  • Key Employer Takeaways From DOL’s New Opinion Letters

    Tammy Daub

    The U.S. Department of Labor’s Wage and Hour Division recently returned to its practice of laying out its positions on certain issues with opinion letters. While they are intended to serve as guidance based exclusively on specific facts, the general principles in the letters are applicable to all covered employers, say Tammy Daub and Daniel Emam of Paul Hastings LLP.

  • Another Take On 'Take-Home' Asbestos Exposure In Calif.

    Theresa Mullineaux

    A California appellate court recently upheld a trial court’s summary judgment in a secondary exposure asbestos case where the plaintiffs could offer no admissible evidence that the decedent’s father worked around asbestos-containing materials. While this opinion is unpublished and uncitable under California rules, its legal theory can apply to other cases, says Theresa Mullineaux of Husch Blackwell LLP.

  • Series

    State Tax After TCJA: Investment In Depreciable Property

    Jeremy Abrams

    In the first installment of the series, Jeremy Abrams and Sebastian Watt of Reed Smith LLP seek to provide a high-level overview of the most significant corporate state tax issues after the Tax Cut and Jobs Act and use state-specific examples to show that while determining how a state will conform to the Internal Revenue Code is not always clear, taxpayer-friendly results are possible.

  • Equal Pay: Where Do We Stand Now?

    Debra Ellwood Meppen

    In Kelly Ellis v. Google, a California federal judge recently denied Google's bid to dismiss classwide claims alleging gender-based pay discrimination. If the class is certified and if the plaintiffs win, it may signify the beginning of the end of the fight for equal pay for women, say Debra Ellwood Meppen and Laurie DeYoung of Gordon & Rees LLP.

  • The Puzzle Of Enforcing Class Action Bars Post-Shady Grove

    Daniel Fong

    It's been eight years since the U.S. Supreme Court’s ruling in Shady Grove Orthopedic Associates v. Allstate Insurance, but courts continue to wrestle with whether state statutory class action bars are enforceable in federal court, say Daniel Fong and Robert Guite of Sheppard Mullin Richter & Hampton LLP.

  • A Closer Look At NCAA's 'Dancing With The Stars' Decision

    Ronald Katz

    Although many people may disagree with the NCAA's decision to permit college basketball star Arike Ogunbowale to participate in the popular television program "Dancing With the Stars," it is consistent with NCAA bylaws — for four reasons, says Ronald Katz of GCA Law Partners LLP.

  • Anonymous Posts Of Alleged Trade Secrets: Free Speech?

    Michael Weil

    Several California appellate courts have recently ruled on conflicts between employers and publishers over the appropriateness of anonymous online posts, including the alleged publication of trade secrets. Now the California Supreme Court is poised to decide Hassell v. Bird, a key case in this free-speech battle, says Michael Weil of Orrick Herrington & Sutcliffe LLP.