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Employment

  • 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.

  • August 6, 2018

    Rising Star: Gibson Dunn's Greta Williams

    Greta Williams of Gibson Dunn & Crutcher LLP scored back-to-back wins for a Sprint contractor in two New York wage-and-hour suits and played a major role in the investigation of sexual harassment allegations against a Vox Media executive who was ultimately fired, making her one of five employment attorneys under 40 selected by Law360 as Rising Stars.

  • August 3, 2018

    Chase's Bias Win Axed Over Arbitrator's Disclosure Failure

    A California state appeals court has wiped out JPMorgan Chase's arbitration win in a worker's race bias suit, saying the arbitrator violated ethics rules by failing to mention her work in several other cases involving the company's law firm, Seyfarth Shaw LLP.

  • August 3, 2018

    Racist, Sexist Behavior Rampant At Boston Agency, Suit Says

    A pair of former employees of Boston’s Water and Sewer Commission have filed an explosive suit in state court alleging they were subject to racist taunts, sexual harassment and gender discrimination and retaliated against when they filed a complaint.

  • August 3, 2018

    Ritz-Carlton Pushes Age Discrimination Suit Into Arbitration

    A Pennsylvania federal judge on Thursday sent to arbitration a suit brought by a former Ritz-Carlton hotel employee alleging he was fired after 12 years with the chain because of his age, ruling that the parties signed an enforceable arbitration agreement.

  • August 3, 2018

    DC Circ. Asks NLRB Why Wildcat Strike Was Protected

    A D.C. Circuit panel on Friday sent back to the National Labor Relations Board a decision that found a Puerto Rican Coca-Cola bottler and beverage distributor violated federal labor law by firing certain striking Teamsters workers, asking the board to clarify why the workers were still protected during a wildcat strike.

  • August 3, 2018

    Calif. High Court's Starbucks Decision: Bombshell Or Blip?

    Businesses in the Golden State are bracing for an uptick in wage-and-hour suits following the California Supreme Court's recent ruling that a federal doctrine blocking workers from suing over brief periods of unpaid time didn't doom a proposed class action against Starbucks Corp., but a key question still lingering after the ballyhooed decision means a flood of successful class actions is far from inevitable.

  • August 3, 2018

    Prof Settles Landmark Title VII Lesbian Bias Suit With College

    The professor behind the Seventh Circuit’s landmark ruling that protections under the Civil Rights Act extend to sexual orientation has settled her discrimination lawsuit against Ivy Tech Community College, according to Indiana federal court filings this week.

  • August 3, 2018

    7th Circ. Upholds Grocery Store Worker's Title VII Win

    The Seventh Circuit has affirmed a jury verdict favoring a grocery store worker who alleged he was subjected to unwanted sexual touching and taunting by his male co-workers, holding that his Title VII claim was valid since he presented evidence that female workers didn't receive the same treatment.

  • August 3, 2018

    DC Circ. Reverses NLRB's Order On Co.'s Raises, Bonuses

    The D.C. Circuit on Friday reversed part of a National Labor Relations Board order that made a Washington medical transport business reinstate irregular raises and gift-giving after it suspended them when its workers unionized.

  • August 3, 2018

    Prime Healthcare Signs $65M FCA Settlement Over 'Upcoding'

    Prime Healthcare Services Inc. and its CEO will pay $65 million to settle a whistleblower suit alleging that the hospital system violated the False Claims Act by systematically “upcoding” the care of Medicare patients at its California hospitals, the U.S. Department of Justice announced Friday.

  • August 3, 2018

    No-Poach Suits Against Rail Cos. Consolidated In Pa.

    The Judicial Panel on Multidistrict Litigation on Thursday consolidated three cases by employees of rail equipment suppliers Knorr-Bremse and Wabtec accusing the companies of striking deals not to poach each other's workers, saying it will save on time and costs.

Expert Analysis

  • 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.

  • Opinion

    Conservative Supreme Court Activism Risks Backlash

    Jahan Sagafi

    As the Senate considers Judge Brett Kavanaugh’s nomination to the U.S. Supreme Court, including his potential impact on legal protections for workers, it is useful to reflect on the court’s 5-4 anti-worker decisions of the last term — each of which broke with norms of judicial restraint, say Michael Scimone and Jahan Sagafi of Outten & Golden LLP.

  • Opinion

    It's Not All About The Benjamins, Baby (Lawyer)

    J.B. Heaton

    Notwithstanding the latest salary war among prominent law firms, I urge my middle-aged and older colleagues to help the recent graduates we know focus on the long term. Even if the salary is the same, there is a big difference between an institutional firm and the relatively younger firms matching BigLaw, says J.B. Heaton, a University of Chicago business law fellow and former partner at Bartlit Beck.

  • Employers Must Respond To Weingarten Rights Expansion

    Douglas Darch

    In Circus Circus, the National Labor Relations Board overturned nearly 40 years of precedent in shifting the burden of contacting and obtaining a union representative onto employers when they interview employees suspected of misconduct. Employers should err on the side of caution and extend union representation whenever Weingarten rights may be triggered, says Douglas Darch of Baker & McKenzie LLP.

  • Series

    Judging A Book: Hood Reviews 'Lawyering From The Inside Out'

    Judge Denise Hood

    Law professor Nathalie Martin's new book, "Lawyering From the Inside Out: Learning Professional Development Through Mindfulness and Emotional Intelligence," can be of value to any lawyer aiming to achieve greater productivity, relieve the stress of the legal profession and focus on goals, says U.S. District Chief Judge Denise Page Hood of the Eastern District of Michigan.

  • Too Much Employer Stock? Don't Ignore Diversification

    Mark Poerio

    Despite recent warnings of the risks associated with executives feeling overly invested in their employer’s stock, some board members and compensation committees still turn a deaf ear to stock diversification programs that seem at odds with the idea of aligning executive interests with those of shareholders. Sometimes, however, the pendulum swings too far, says Mark Poerio of Wagner Law Group.

  • Drafting M&A No-Poach Provisions Amid Regulatory Scrutiny

    Thomas Fina

    Agreements regarding soliciting and hiring employees of competitors have become an enforcement priority for U.S. antitrust authorities, so M&A parties should take a fresh look at how they approach the issue. A carefully tailored no-poach provision will help protect against regulatory inquiry, say attorneys with Baker Botts LLP.

  • An Update On Anti-Poach Enforcement And Class Actions

    Robin van der Meulen

    In recent years, no-poach agreements have become subject to close scrutiny both by the U.S. Department of Justice’s Antitrust Division and private class action plaintiffs. These cases show that violations of federal antitrust laws can have an immediate and real impact on ordinary people and their livelihoods, say Robin van der Meulen and Brian Morrison of Labaton Sucharow LLP.

  • All Unions Likely To Feel The Impact Of Janus V. AFSCME

    Joseph Gross

    While the high court's decision in Janus v. AFSCME issued a direct and devastating hit to public-sector unions, it's effects are likely to be far reaching. Unions representing both private- and public-sector employees, as well as union funding of political causes, will feel the blow, say Joseph Gross and Adam Primm of Benesch Friedlander Coplan & Aronoff.

  • 3 Top E-Discovery Case Law Lessons Of 2018 (So Far)

    Casey Sullivan

    The blockbuster e-discovery cases, with big sanctions and bigger controversies, have been few and far between this year. But that doesn’t mean the legal questions around e-discovery have been answered. Let’s take a closer look at three cases worthy of our attention, says Casey Sullivan, an attorney at discovery technology provider Logikcull.