Employment

  • May 15, 2018

    Transgender Troops Say Freeze On Ban Won't Hurt Military

    Active and prospective transgender troops urged a Washington federal judge to keep an injunction in place freezing President Donald Trump's policy barring them from serving in the military, arguing that they'll be denied crucial medical treatment if the stay is lifted pending the administration's appeal. 

  • May 15, 2018

    US Seeks To Sink Challenge To Trump's '2-For-1' Order

    The federal government has told a D.C. district court that public interest groups have again failed to show that they properly brought suit against President Donald Trump's executive order that said for every new regulation, two have to be repealed, arguing that the groups can't demonstrate the order caused specific harm.

  • May 14, 2018

    Security Co. Can't Escape EEOC's Race Bias Class Action

    A Maryland federal judge on Monday refused to let government security contractor MVM Inc. escape the U.S. Equal Employment Opportunity Commission’s claims it systematically pushed out a class of African workers, instead pausing the suit to let the agency amend charge documents that left out key allegations.

  • May 14, 2018

    Jevic Workers Say Supreme Court Ruling Bars Ch. 11 Deal

    Attorneys for workers whose bankruptcy appeal led to a U.S. Supreme Court ruling last year that narrowed the use of Chapter 11 structured settlement dismissals told a Delaware judge Monday the high court ruling nullified a deal that company lenders now want to reassert.

  • May 14, 2018

    AT&T Biased Against Pregnant Sales Staff, Ex-Workers Say

    Two former employees of AT&T's mobile phone subsidiary have accused it of discriminating against pregnant retail store employees by having a companywide policy that penalizes them for absences or lateness related to pregnancy or childbirth, according to court papers filed Monday.

  • May 14, 2018

    DoorDash, Boston Driver Clash On Legality Of Class Waiver

    Counsel to restaurant-delivery service DoorDash and a Boston-area driver who filed a class action lawsuit against the company for allegedly lost wages wrangled in a Boston courtroom Monday over the legality of a contract clause waiving workers’ rights to collectively sue their employer.

  • May 14, 2018

    Seattle Council OKs Lower $50M Annual Head Tax On Big Biz

    After weeks of controversy during which online retail giant Amazon paused the planning of construction on a major city project, the Seattle City Council voted Monday to approve a scaled-down, nearly $50 million annual head tax on large corporations.

  • May 14, 2018

    50 Law Schools Ask Recruiting Firms If They Require NDAs

    Fifty of the nation’s top law schools have asked firms recruiting on campuses to complete a survey regarding their use of mandatory arbitration and nondisclosure agreements, following reports that some BigLaw firms have required summer associates to sign agreements covering sexual harassment and other workplace misconduct.

  • May 14, 2018

    On 2nd Pass, NLRB Official Says PCC Microunit Can Unionize

    A National Labor Relations Board official has ruled that a proposed bargaining unit of welders at metal casting company PCC Structurals Inc. passes muster under the new test for evaluating units that the board adopted earlier in the case and that replaced the more union-friendly standard set in the NLRB's now-toppled 2011 Specialty Healthcare decision.

  • May 14, 2018

    Hospital Workers Urge Deal In 'Church Plan' Suit, $1.2M Fees

    Attorneys leading a class of hospital workers accusing Advocate Healthcare Network of improperly classifying its pension plan as a “church plan” asked an Illinois federal judge Friday to grant final approval to a proposed deal that would resolve the dispute and award them up to $1.25 million in legal fees.

  • May 14, 2018

    9th Circ. Punt In Airline Wage Row Leaves Carriers On Edge

    The Ninth Circuit’s recent request that the California Supreme Court clarify how far-reaching the Golden State’s wage laws really are puts the airline industry on edge that it may face additional administrative burdens of complying with a patchwork of state wage-statement statutes, industry observers say.

  • May 14, 2018

    NJ Prosecutor Must Face Whistleblower's Suit, Court Says

    The New Jersey Appellate Division on Monday revived the whistleblower lawsuit of a Somerset County Prosecutor’s Office worker against his employer, ruling that his transfer to another department could be considered retaliation under the state’s Conscientious Employee Protection Act.

  • May 14, 2018

    ABM Janitor Class Trimmed In Suit Over Cellphone Use

    A California federal judge on Monday narrowed a 30,000-member class of janitors accusing facility management company ABM Industries Inc. of making them use their personal cellphones for work purposes without reimbursement, saying arbitration agreements some of them signed in 2016 keep some claims out of court.

  • May 14, 2018

    Workers, Foremen Win Conditional Cert. In Contractor OT Suit

    A Maryland federal judge on Monday conditionally certified a collective action of laborers and foremen accusing a construction contractor of stiffing them on overtime pay, ruling the employees had properly alleged they were similarly situated and subject to a companywide overtime policy.

  • May 14, 2018

    NY Med. Staffing Co. Owner Indicted For Visa Fraud Scheme

    A Queens, New York, woman who owned a medical staffing agency was accused Monday in New York federal court of allegedly creating fake nursing jobs to bring Filipino immigrants into the U.S. through the H-1B visa program, according to the U.S. Department of Justice.

  • May 14, 2018

    EEOC Says It Needn't Fork Over More Docs To Strip Club

    The U.S. Equal Employment Opportunity Commission told a Florida federal court Friday that a strip club already has the available income information for a bartender applicant it allegedly discriminated against for being male and it is trying to compel more documents as a distraction.

  • May 14, 2018

    J&J Can't Arbitrate Applicant's Background Check Claims

    A Pennsylvania federal judge held that a would-be employee’s arbitration agreement with a staffing firm can’t be used to force him to arbitrate claims that a Johnson & Johnson subsidiary unfairly revoked his job offer because of a background check, saying his allegations against J&J stem from the Fair Credit Reporting Act, not the contract.

  • May 14, 2018

    3 Ex-Ogletree Deakins Attys Enter $300M Gender Bias Suit

    Three former Ogletree Deakins Nash Smoak & Stewart PC attorneys have added their names to a $300 million gender discrimination class and collective action against the firm, according to an amended complaint filed Friday in California federal court, which also added Ogletree Deakins’ managing shareholder as a named defendant.

  • May 14, 2018

    Supreme Court Won't Hear 11th Circ. Dreadlocks Bias Ruling

    The U.S. Supreme Court declined Monday to hear the NAACP Legal Defense and Educational Fund's challenge to an Eleventh Circuit ruling that employers don't violate federal race discrimination laws when they treat workers differently based on "mutable" characteristics, such as dreadlocks.

  • May 14, 2018

    High Court To Hear If Damages For Rail Staff Can Be Taxed

    The U.S. Supreme Court agreed Monday to hear a petition from BNSF Railway Co. over whether payroll taxes should be deducted from compensation owed to a former employee for lost wages in connection with a workplace injury.

Expert Analysis

  • New Wash. Employment Laws Focus On Privacy And #MeToo

    Christopher Gegwich

    June will be a busy month for employers in the state of Washington. The impending activity is a result of Gov. Jay Inslee’s recent signing of a series of bills that directly impact the employer-employee relationship and impose a variety of new restrictions and obligations on employers, say Christopher Gegwich and Christopher Moro of Nixon Peabody LLP.

  • Rule 23 Changes: Avoid Delays In Class Settlement Approval

    Shandarese Garr

    Among the proposed amendments to Rule 23 of the Federal Rules of Civil Procedure, which are scheduled to take effect Dec. 1, are specific requirements related to “front-loading.” They outline the process for seeking preliminary court approval of class action settlements and related notice plans, say Shandarese Garr and Niki Mendoza of Garden City Group LLC.

  • Update For Gov't Contractors On Settled Suit Cost Recovery

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    Since the Federal Circuit's 2009 decision in Geren v. Tecom, the allowability of government contractor settlement costs incurred in just about any type of third-party lawsuit has been unclear. But this month the U.S. Court of Federal Claims had the opportunity to analyze the Tecom standard in Bechtel v. U.S., say Steven Masiello and Tyler Thomas of Dentons.

  • Refuting Insurer Denials Linked To Employee Misconduct

    Greg Van Houten

    When faced with a denial for coverage of legal costs associated with employee misconduct, policyholders should never assume that their insurer’s interpretation is correct. In fact, some policyholders are well-positioned to refute such denials, especially when the cited exclusion fails to define “abuse” or is otherwise vague, says Greg Van Houten of Haynes and Boone LLP.

  • In Ohio, Tax Pendulum Swings In Favor Of Freelancers

    Thomas Ubbing

    New tax provisions added as part of the 2017 Tax Cut and Jobs Act substantially favor independent contractors over W-2 employees. This, coupled with the 100 percent Ohio income tax exclusion for business income, means many Ohio independent contractors will pay far less taxes than W-2 employees at the same pay levels, says Thomas Ubbing of Brouse McDowell LPA.

  • When To Accept ADR For Defense Contractor Reprisal Cases

    Lynne Halbrooks

    While participation in the new alternative dispute resolution program for reprisal cases in the U.S. Department of Defense Office of Inspector General may seem unnecessary, it is still worth considering, says Lynne Halbrooks, a partner at Holland & Knight LLP and former acting inspector general of the DOD.

  • What NJ Employers Should Know About Paid Sick Time Bill

    Michelle Seldin Silverman

    The New Jersey Legislature recently passed a bill requiring employers in the state to provide employees with paid sick time, and Gov. Phil Murphy is expected to sign it. Michelle Silverman and Rudolph Burshnic of Morgan Lewis & Bockius LLP offer an overview of the proposed law and suggestions for how employers can prepare.

  • How Companies Can Foster Internal Whistleblowing

    Gary Giampetruzzi

    Despite the powerful incentives to engage in external whistleblowing after Digital Realty, companies should know that their compliance programs can contribute in meaningful ways to whether employees decide to report possible misconduct internally or to the U.S. Securities and Exchange Commission, say attorneys with Paul Hastings LLP.

  • Plaintiff Discovery Tips For Employment Discrimination Cases

    Excerpt from Lexis Practice Advisor
    William Jhaveri-Weeks

    The scope of discovery that plaintiffs can obtain from defendants in employment discrimination cases includes limitations that defendants often attempt to assert. San Francisco-based attorney William Jhaveri-Weeks addresses how to use the different mechanisms for obtaining discovery effectively, and the types of cases and discovery disputes that often occur.

  • Best Practices For Building A Better Meeting

    Nicholas Cheolas

    How can we improve meetings in the legal industry, which tends to evolve with the speed of a tranquilized water buffalo mired in quicksand? Breaking it down to three phases can yield significant benefits, says Nicholas Cheolas of Zelle LLP.