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Employment

  • 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.

  • October 2, 2018

    Ex-Hospital Worker Loses Cert. Denial Appeal In Wage Suit

    A California appellate court has tossed an appeal of a class certification denial on wage-and-hour claims against Torrance Memorial Medical Center, agreeing with the hospital's argument saying the denial can't be appealed because there is still a Private Attorneys General Act claim at the lower court level.

  • October 2, 2018

    Medline Sued Over Biometric Timekeeping System In Illinois

    Medline Industries Inc. requires workers to clock in and out of their jobs using their fingerprints without first getting their written consent, and then keeps that biometric data, all in violation of an Illinois privacy law, a former employee has alleged as part of a new potential class action.

  • October 2, 2018

    Comedy Group UCB Tries To Duck Male Comic's Bias Claims

    Improv comedy group Upright Citizens Brigade has urged a New York federal judge to toss a male comic's gender bias suit, saying the man, who was banned following an investigation into rape allegations, has only a "tenuous" connection with the club. 

  • October 2, 2018

    Cybersecurity Co. Can't Force Arbitration Of NJ Bias Claims

    A New Jersey state appeals court on Tuesday revived a sexual harassment and gender discrimination suit against a cybersecurity business brought by a former sales associate, saying an arbitration agreement did not notify her that she was waiving the right to pursue a claim in court or go before a jury.

  • October 2, 2018

    Biz Groups Back Uber In Philly Drivers' 3rd Circ. Appeal

    The U.S. Chamber of Commerce and the National Federation of Independent Business told the Third Circuit on Monday that Uber drivers are nothing like the employees Congress sought to protect under the Fair Labor Standards Act, so the court should reject a group of Philadelphia drivers’ misclassification claims.

  • October 2, 2018

    Don Imus Dodges Warner Wolf's Claims Firing Was Age-Based

    A New York judge has tossed an age discrimination lawsuit against longtime radio personality Don Imus, ruling that sportscaster Warner Wolf, who lives and worked in Florida, can’t bring claims under New York state and New York City human rights laws.

  • October 2, 2018

    Ex-Refinery Worker Wants 'False Positive' Test Row Revived

    A man who was fired from a LyondellBasell refinery after what he alleges was a false positive test for cocaine asked a Texas appellate court in oral arguments Tuesday to revive his lawsuit against the drug testing company, saying its negligence caused the error.

  • October 2, 2018

    Littler Adds Ex-DOL Work Safety Attorney To Policy Shop

    Littler Mendelson PC has brought on a former U.S. Department of Labor attorney and Jackson Lewis PC principal to help its clients understand and shape federal workplace safety policy, the firm said this week.

  • October 2, 2018

    Ex-King & Spalding Atty's Counsel Have Dibs On Any Award

    A federal magistrate judge in Manhattan ruled Tuesday that an ex-King & Spalding LLP associate’s “hostility and threats” toward the law firm that represented him in his wrongful termination suit gave the firm good cause to back out of the lawsuit, entitling it to a claim on any winnings collected by its former client.

  • October 2, 2018

    Mich. Cable Installers Are Employees Under FLSA, Judge Says

    A group of LeCom Communications Inc. cable television installers qualifies as employees under the Fair Labor Standards Act and can seek damages from the company for allegedly stiffing them on overtime by misclassifying them as independent contractors, a Michigan federal judge has ruled. 

  • October 2, 2018

    Pa. Justices Urged To OK GNC Managers' Time And A Half OT

    A class of General Nutrition Centers Inc. managers is fighting back against arguments that state law permits the company to pay half-time rates as a premium to salaried employees who work more than 40 hours a week in a closely watched appeal before the Pennsylvania Supreme Court.

  • October 2, 2018

    US Businesses Hurt By H-2B Visa Delays, Auditor Says

    Processing delays and application backlogs at the U.S. Department of Labor have prevented U.S. employers from hiring temporary foreign workers in time for their peak workloads, according to a recent report by the department’s Office of the Inspector General.

  • October 2, 2018

    NFL Player Sees Most Of Drug Suspension Suit Tossed

    Philadelphia Eagles lineman Lane Johnson's lawsuit over his 10-game suspension for banned substances use is on the rocks after a New York federal court has denied his bid to overturn an arbitration loss and thrown out all but one claim from the rest of his suit against the NFL and the players union.

  • October 2, 2018

    NLRB's Ring, Emanuel Must Skip McDonald's Row: Ethics Atty

    National Labor Relations Board members John Ring and Bill Emanuel should sit out a closely watched labor case alleging McDonald’s jointly employs workers with its franchisees, President George W. Bush’s chief ethics lawyer told the board in a letter.

  • October 2, 2018

    Dechert, Susman Godfrey Revamp Parental Leave Policies

    Susman Godfrey LLP on Tuesday announced unlimited paid parental leave for all associates, a day after Dechert LLP rolled out a new gender-neutral parental leave policy that offers 12 weeks of paid leave to all its U.S. employees, including nonattorney staff.

  • October 2, 2018

    Scarinci Hollenbeck Adds Employment Vet, 5 Others

    Scarinci Hollenbeck LLC has added as counsel to its litigation practice group a seasoned employment defense attorney from Gordon Rees Scully Mansukhani LLP, while also expanding its roster with five new associates in the New Jersey-based firm's litigation, labor and employment, government and education law and environmental law practice groups.

  • October 2, 2018

    Ex-Novak Druce Atty Sues Polsinelli Over Unpaid Fees

    A former associate at now-defunct intellectual property firm Novak Druce Connolly Bove & Quigg has sued Polsinelli PC and several former Novak Druce partners who now work there on claims he was cheated out of over $125,000 in commissions he earned before the firm dissolved.

  • October 2, 2018

    Airport Janitor Says He Was Fired For Catholic Observance

    A custodian at Logan International Airport in Boston was taunted, disciplined and ultimately fired in retaliation for praying during breaks and asking not to work on Sundays, according to a complaint filed in Suffolk Superior Court on Tuesday.

  • October 1, 2018

    Papa John's Founder Denies Racist Label In Chancery Trial

    Insisting that he is an "anti-racist," ousted Papa John’s pizza chain Chairman John Schnatter took the stand in Delaware's Chancery Court on Monday to deny that his use of a racially charged word in May had been intended as a slur.

Expert Analysis

  • 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.

  • What To Expect From NYC's New Ride-Sharing Regs

    Rich Meneghello

    The New York City Council recently passed a series of laws aimed at regulating the city's ride-sharing services. However, they do not provide the clarity businesses and workers in the industry were hoping for, say Rich Meneghello and Melissa Osipoff of Fisher Phillips.

  • Q&A

    Back To School: Widener's Rod Smolla Talks Free Speech

    Rodney Smolla

    In this new series featuring law school luminaries, Widener University Delaware Law School dean Rodney Smolla discusses teaching philosophies, his interest in First Amendment law, and arguing before the U.S. Supreme Court in Virginia v. Black.

  • Will High Court Resolve Circuit Split On Arbitration Issues?

    Cary Sullivan

    This fall, in New Prime v. Dominic Oliveira, the U.S. Supreme Court will be presented with two important questions related to the Federal Arbitration Act’s Section 1 exemption. The ruling could have major ramifications for the transportation industry, where arbitration provisions are often included in employment or independent contractor agreements, says Cary Sullivan of Jones Day.

  • Brands, Beware Too Much Influence Over Your Influencers

    Paul Menes

    In light of the new independent contractor test developed by the California Supreme Court's recent decision in Dynamex Operations West v. The Superior Court of Los Angeles County, brands in the state would be wise to have their agreements and statements of disclosure responsibilities with influencers reviewed and re-evaluated, says Paul Menes of ADLI Law Group.

  • New Pass-Through Deduction Will Pass Over Many Lawyers

    Evan Morgan

    A few weeks ago, the IRS proposed regulations related to the Tax Cuts and Jobs Act's 20 percent deduction on qualified business income for pass-through entities. The guidance offers long-awaited clarity, but is mostly bad news for many law firms, says Evan Morgan of Kaufman Rossin PA.

  • OSHA Guidance Clarifies Respirable Crystalline Silica Rules

    Bradford Hammock

    The Occupational Safety and Health Administration's new set of 53 frequently asked questions provides guidance to construction employers and employees regarding OSHA's respirable crystalline silica standard, and makes important clarifications regarding medical surveillance, says Bradford Hammock of Jackson Lewis PC.

  • How Reckless Judicial Impeachments Threaten Rule Of Law

    Jan van Zyl Smit

    Judicial impeachment fever seems to be spreading through the states, with West Virginia legislators recently voting to remove their state's entire Supreme Court, and lawmakers in Pennsylvania and North Carolina threatening the same. These actions are a serious threat to judicial independence, says Jan van Zyl Smit of the Bingham Centre for the Rule of Law.

  • Series

    Judging A Book: Fogel Reviews 'Good Judgment'

    Judge Jeremy Fogel

    In this time of partisan conflict over judicial selection, a new book by Canadian jurist Robert J. Sharpe —​ "Good Judgment" — represents a refreshing, deeply thoughtful departure from binary arguments about how and why judges make decisions, says U.S. District Judge Jeremy Fogel, director of the Federal Judicial Center.

  • Federal Criminal Liability Confusion Under CFAA

    Jonathan Etra

    Two recent federal court decisions — Hamilton Group Funding v. Basel in the Southern District of Florida and Hill v. Lynn in the Northern District of Illinois — confirm just how broad and unpredictable the scope of the Computer Fraud and Abuse Act can be, say Jonathan Etra and Christopher Cavallo of Nelson Mullins Broad and Cassel.