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Employment

  • October 3, 2018

    Fired Morgan Stanley Exec Must Arbitrate Racial Bias Suit

    A New York federal judge sent a fired Morgan Stanley executive's suit alleging the firm engaged in discriminatory policies and practices to arbitration Wednesday, finding his claims that he never received an email notifying him of the firm's expanded arbitration policy incredible.

  • October 3, 2018

    10th Circ. Revives DOL Suit Over Janitorial 'Employees'

    A district court dropped the ball when it dismissed a U.S. Department of Labor suit accusing a janitorial company of skirting federal law by using franchise agreements to mislabel cleaners as independent contractors, a Tenth Circuit panel ruled Wednesday.

  • October 3, 2018

    Blank Rome Nabs Employment Pro From Ogletree In Houston

    Blank Rome LLP has grown its labor and employment practice in Houston with the addition of a new partner who came over from Ogletree Deakins Nash Smoak & Stewart PC.

  • October 3, 2018

    Thousands Face Ax Under DOD's 'Deploy Or Get Out' Policy

    About 126,000 service members face potential discharge under the U.S. Department of Defense's new retention policy, the department said, just after the policy formally went into effect.

  • October 3, 2018

    Supreme Court Hears Trucker's Take On Arbitration Limits

    The U.S. Supreme Court heard a truck driver's arguments Wednesday that Congress had the foresight in the 1920s to prohibit commerce employers such as New Prime Inc. from forcing independent contractors, like all other cross-border workers, into arbitration.

  • October 3, 2018

    Risky Driving Cost Striker Labor Law Protection, NLRB Says

    An Illinois telecom company legally fired a striking worker after an incident in which she purposely drove slowly on a highway to block a truck driven by two managers from passing her, a split National Labor Relations Board ruled Tuesday, saying her dangerous driving was enough for her to forfeit federal labor law protection.

  • October 3, 2018

    Desmarais Ups Paid Parental Leave For All To 12 Weeks

    Desmarais LLP has expanded its paid parental leave policy to offer 12 weeks of leave to everyone employed at the firm, regardless of their gender or how they became parents.

  • October 3, 2018

    DC Council Axes Voter-OK'd Wage Hike For Tipped Workers

    The Washington, D.C. City Council voted Tuesday to overturn a measure that incrementally raises the minimum wage for tipped workers such as restaurant servers and bartenders until it reaches $15 per hour — just four months after voters approved it.

  • October 3, 2018

    Clerk's Sandia Work Doesn't Warrant NM Judge's Recusal

    A New Mexico federal judge notified the attorneys in a proposed gender bias class action against Sandia Corp. that one of his law clerks had previously worked at Sandia National Laboratories while it was still operated by Sandia Corp., but that clerk had been screened from the case and the judge did not plan to recuse himself.

  • October 3, 2018

    Big Boy Burger Chain Can't Get Out Of Managers' OT Claims

    A Michigan federal judge refused Tuesday to let Big Boy Restaurants International LLC dodge a potential class action brought by a former general manager alleging overtime violations under the Fair Labor Standards Act, concurring with the ex-employee that a settlement agreement between the parties was an unreasonable resolution of the dispute.

  • October 3, 2018

    Avon Unit Fired Pregnant Exec During Health Scare, Suit Says

    Cosmetics giant Avon’s North American unit fired a newly hired executive over trumped-up “performance issues” days after she asked to work from home during a dangerous stretch of her pregnancy, according to a suit filed Wednesday in New York federal court.

  • October 3, 2018

    EEOC Accuses Mich.-Run Hospital Of Age Discrimination

    A psychiatric hospital run by the state of Michigan refused to hire a qualified social worker because of her age and pushed another older employee to retire, the U.S. Equal Employment Opportunity Commission has claimed in a federal court suit.

  • October 3, 2018

    Ogletree Gender Bias Suit Shouldn't Be Arbitrated, Atty Says

    An attorney suing Ogletree Deakins Nash Smoak & Stewart PC for gender bias has argued that the $300 million proposed class action currently in California federal court doesn't belong in arbitration, contending that the firm presented its arbitration agreement in a misleading way and that she never actually signed it.

  • October 2, 2018

    Ex-Abbott Researcher Says 'Erroneous' Law Sank FCA Claims

    A former medical science liaison for Abbott Laboratories Inc. refuses to accept that her False Claims Act allegations against Abbott died on anything other than “erroneous” case law, asking a Massachusetts federal judge on Tuesday to pause her case indefinitely until new precedent supports her views.

  • October 2, 2018

    New Meal Waiver Law Can't Nix Old Row, Calif. Justices Hear

    Health care workers who have alleged for a decade that they were illegally denied meal breaks told the California Supreme Court on Tuesday that a recently passed state law blessing the practice of waiving one break during long shifts shouldn't be applied retroactively to nix their claims.

  • October 2, 2018

    Attys Win $1M In Long Island Marriott Hotel OT Suits

    A New York federal magistrate judge has granted two law firms’ bid for approximately $1 million in costs and fees for their work securing a $3.25 million settlement resolving a group of Long Island Marriott hotel workers' class claims that they were improperly denied overtime under the Fair Labor Standards Act.

  • October 2, 2018

    Fla. Attys Fend Off Partnership Breach Suit, Win Sanctions

    A Florida federal judge on Tuesday granted two South Florida attorneys' request for sanctions against their former partner in California and permanently dismissed what they said were frivolous claims that they had failed to pay him his fair share of profits in their cross-country partnership.

  • October 2, 2018

    Workers' Visa Fraud Suit Against Tesla Slashed

    A California federal judge has slashed most of a False Claims Act and Racketeer Influenced and Corrupt Organizations Act suit alleging Tesla and others participated in a visa fraud scheme to illegally import low-cost foreign labor for Tesla’s manufacturing plant and other automakers’ job sites.

  • October 2, 2018

    JB Hunt, Drivers Reach $15M Deal In Calif. Wage Suit

    J.B. Hunt Transport Inc. has struck a $15 million settlement with a recently decertified class of about 11,000 drivers to end a decadelong wage suit — a deal the parties told a California federal court Monday is a fair compromise given the likelihood the case would drag on for several more years.

  • October 2, 2018

    NCAA Can't Introduce New Witness Proffer, Athletes Say

    Student-athletes challenging the NCAA's rules limiting player compensation in a landmark antitrust bench trial have urged a California federal judge not to admit a new "offer of proof" about the burdens of upending those rules from a deposition witness who never testified.

Expert Analysis

  • Clarifying Student Due Process Rights At 6th Circ.

    Steven Richard

    In Doe v. Baum, the Sixth Circuit recently ruled that a school must give respondents in a disciplinary proceeding an opportunity to cross-examine the complainant and adverse witnesses. The decision is impactful not only from a constitutional due process perspective, but also in terms of Title IX’s mandates, says Steven Richard of Nixon Peabody LLP.

  • The Limitations Of NY's Anti-Sexual Harassment Law

    Ann-Elizabeth Ostrager

    A New York law that took effect this summer prohibits predispute agreements to arbitrate sexual harassment claims. Although well-intentioned, this provision is unlikely to significantly alter the status quo, say Ann-Elizabeth Ostrager and Jacob Singer of Sullivan & Cromwell LLP.

  • Setting A Framework For Disgorgement Insurance Disputes

    Catherine Doyle

    In TIAA-CREF Insurance Appeals, the Delaware Supreme Court struck a blow to insurers seeking to avoid responsibility for settlement payments made by policyholders. Though decided under New York law, this opinion opens the door to a fact-specific analysis that may help policyholders facing similar denials, say Catherine Doyle and Jan Larson of Jenner & Block LLP.

  • How A Court's 'Pencil Color' Impacts Restrictive Covenants

    Christopher Hennessy

    Within the context of restrictive covenants in employment agreements, there are so-called red pencil and blue pencil states, with the color a reference to the doctrine courts apply in that state when enforcing such agreements. The difference is significant enough to make or break a restrictive covenant case, say Christopher Hennessy and Jeremy Glenn of Cozen O'Connor.

  • To Stay Or Not To Stay: Considering The '5-Year Rule'

    Karin Bohmholdt

    In Martinez v. Landry Restaurants, a California state appeals court recently held that the time period during which a federal appeal from an order remanding a case to state court is pending should be included when calculating the “five-year rule” for bringing a case to trial. This shows that all counsel should consider whether to seek a stay of proceedings where the case crosses jurisdictional boundaries, says Karin Bohmholdt of Greenberg Traurig LLP.

  • 9th Circ. FCA Ruling Undermines Escobar

    Robert Salcido

    At first glance, the Ninth Circuit's ruling in U.S. v. Stephens Institute seems like welcome news to False Claims Act defendants. But a closer look reveals that the panel’s defective application of Escobar’s implied false certification test and materiality standard overshadows this holding, say attorneys with Akin Gump Strauss Hauer & Feld LLP.

  • Understanding The Unwinding Of DOL's Fiduciary Rule

    Excerpt from Lexis Practice Advisor
    George Sepsakos

    In Chamber of Commerce v. U.S. Department of Labor, the Fifth Circuit decided the DOL's so-called fiduciary rule conflicted with Section 3(21) of the Employee Retirement Income Security Act. George Sepsakos and Michael Kreps of Groom Law Group discuss the decision's implications and various elements to consider following vacatur of the rule.

  • The Courts’ Take On Obama-Era Regs: You Are Erased

    Andrew Oringer

    It is at this point axiomatic that the Trump administration is intent on reversing significant portions of the Obama administration's regulatory activity. Interestingly, it seems that courts may pose another major risk to the survival of some Obama-era initiatives, say Andrew Oringer and Samuel Scarritt-Selman of Dechert LLP.

  • Grandfathering Executive Compensation Plans Under TCJA

    Eric Winwood

    While the Tax Cuts and Jobs Act fundamentally changed rules governing the deduction under IRC Section 162(m) of executive compensation by publicly held corporations, it also included grandfather relief for some existing arrangements. Eric Winwood of Baker Botts LLP discusses the recent grandfather relief guidance and its effects.

  • When Electronic Records Disappear But Legal Issues Linger

    Donna Fisher

    The legal implications of communication tools that automatically delete messages are surfacing in various types of litigation and investigations. As these tools become more popular, a company must constantly evaluate how to reconcile their use with its duty to preserve evidence, say attorneys with Pepper Hamilton LLP.