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Employment

  • January 10, 2019

    NJ County Prosecutor Hit With Suit Over 'Toxic' Gender Bias

    A New Jersey county prosecutor was slammed with a lawsuit Thursday alleging that he and his male colleagues created a “toxic” workplace culture that resulted in discrimination against women, particularly those who raised concerns about equal pay, cronyism, nepotism and his own purportedly illegal conduct.

  • January 10, 2019

    5th Circ. Says Humana Can't Seal Docs In Antitrust Row

    The Fifth Circuit ruled Wednesday that Humana can't keep under seal documents that a Louisiana federal court has ordered it to file public but redacted versions of in an antitrust row, finding that the insurer didn't have a good reason to seal the documents to begin with.

  • January 10, 2019

    High Court Asked To Decide If Labor Law Applies To Tribes

    A California tribal casino has asked the U.S. Supreme Court to review a ruling that it can’t block workers from handing out union leaflets in guest areas, saying the Ninth Circuit’s application of the Chevron doctrine furthered a circuit split regarding whether the National Labor Relations Act applies to tribes.

  • January 10, 2019

    Ogletree Arbitration Pact Covers Bias Accuser, Judge Says

    A proposed class action accusing Ogletree Deakins Nash Smoak & Stewart PC of bias against women could be headed to arbitration after a California federal judge said Wednesday the firm’s arbitration agreement covers attorney Dawn Knepper even though she didn’t sign it.

  • January 10, 2019

    LA Teacher Strike OK'd After Judge Says Proper Notice Given

    Tens of thousands of teachers in Los Angeles County on Thursday won approval to strike next week after a California state judge rejected the L.A. Unified School District’s bid to block the union action, finding the union gave 10 days' notice as legally required by the collective bargaining agreement.

  • January 10, 2019

    GrubHub Fights Ex-Driver's Bid To Undo Contractor Ruling

    GrubHub told the Ninth Circuit on Wednesday that the California Supreme Court's Dynamex ruling establishing a new worker classification standard doesn't disturb a federal judge's finding that an ex-driver was an independent contractor and not an employee in a proposed class action over unpaid wages and overtime.

  • January 9, 2019

    Uber Wins DQ Of Opposing Attys In Unfair Competition Case

    A California federal judge agreed with Uber Technologies Inc. on Wednesday that a conflict of interest involving its opponents' attorneys at Keller Lenkner LLC is grounds to boot them from a case claiming the ride-hailing company misclassifies its drivers as independent contractors to gain a competitive edge.

  • January 9, 2019

    9th Circ. Urged To Keep Injunction On 'Transgender Ban'

    The Washington state attorney general on Wednesday pushed back against the Trump administration’s assertion that a D.C. Circuit decision lifting a single injunction against the military “transgender ban” policy meant a separate injunction should be lifted, telling the Ninth Circuit that efforts made to overhaul the initial ban were not significant enough.

  • January 9, 2019

    Papa John's 'No Poach' Antitrust Suits Consolidated In Ky.

    Three suits accusing Papa John's of making illegal no-poach agreements between its franchises were consolidated in a Kentucky court by a New York federal judge Wednesday.

  • January 9, 2019

    NYC's PTO Plan Highlights Pro-Worker Push By Cities, States

    New York City’s mayor said Wednesday he will pursue legislation requiring many businesses to give workers two weeks of paid time off, and California’s governor may soon float a plan to give new parents six months of paid family leave — proposals that would rank among the nation’s most generous for workers.

  • January 9, 2019

    Norwegian Cruise Gets Award OK'd In Ex-Worker Dispute

    A Florida federal judge on Wednesday affirmed an arbitration award rejecting a worker’s claims that Norwegian Cruise Lines should pay for back surgery she said was necessary after she fell at work, concluding that a federal magistrate judge’s report recommending confirmation was spot-on.

  • January 9, 2019

    Payday Lender Nixes Noncompetes To Settle Ill. AG's Suit

    Payday lender Check Into Cash's Illinois subsidiary has agreed to stop imposing highly restrictive noncompete agreements on the low-wage customer service employees at its 33 locations statewide, according to Illinois' attorney general.

  • January 9, 2019

    MetLife Can't Escape Suit Over Postal Worker's Death

    A New Jersey federal judge declined to toss a suit seeking accidental-death benefits from Metropolitan Life Insurance Co. by the children of a U.S. Postal Service worker who froze to death, ruling Tuesday that the insurer based its dismissal bid on information it had refused to provide the children.

  • January 9, 2019

    NFL Cleared To Seek Arbitration Of Security Officials' Suit

    A Manhattan federal judge told the NFL on Wednesday to go ahead and seek arbitration in a suit by security officials who say they were wrongly treated as independent contractors, rejecting the plaintiffs' contention that court-sponsored mediation should take place first.

  • January 9, 2019

    Claims Court Backs DOL Canceling Veteran Services Deal

    The U.S. Department of Labor’s decision to cancel a solicitation for veteran transition assistance services following related protests and legislative changes was rational and therefore allowed, even if it could have pursued other options, a Court of Federal Claims judge ruled in a decision made public Wednesday.

  • January 9, 2019

    Two House Dems Ask NLRB To Pull Back Joint Employer Rule

    Two Democratic members of the House wrote a letter to the National Labor Relations Board asking its chairman not to narrow its joint employer test under the National Labor Relations Act, saying a recent D.C. Circuit decision affirmed a broader standard.

  • January 9, 2019

    Wellstar Beats Ex-Worker's Disability Bias Suit At 11th Circ.

    The Eleventh Circuit on Wednesday refused to revive a former WellStar Health System Inc. worker’s claims that she was wrongfully terminated and retaliated against for having disabilities and taking medical leave, finding that her employer’s belief that she flouted company policy was a valid reason to fire her.

  • January 9, 2019

    Class Action Deals Shrink As Epic Systems Looms: Seyfarth

    The value of the biggest employment class-action deals cratered in 2018 after hitting an all-time high in 2017, and plaintiffs’ payouts will only get smaller as the U.S. Supreme Court’s Epic Systems ruling ripples through the courts, according to a recent report on class action litigation trends from Seyfarth Shaw LLP.

  • January 9, 2019

    Au Pairs Secure $65.5M Settlement In Antitrust Wage Dispute

    Several sponsorship agencies for au pairs have agreed to a $65.5 million deal in Colorado federal court that would settle allegations in a class action alleging that they colluded to suppress the child care workers’ wages.

  • January 9, 2019

    NFL Pulls 'Cynical' Concussion Appeal Just Before Hearing

    The NFL on Wednesday withdrew an explosive appeal in the landmark concussion settlement that had outraged attorneys representing the brain-damaged players covered by the deal, just one day before it was to be discussed at a much-anticipated hearing in Pennsylvania federal court.

Expert Analysis

  • Texas Employers Take Notice: Proposed Bills For 2019

    Felix Digilov

    Many of the bills submitted at the end of the Texas Legislature's last session for consideration next year affect the workplace and carry the potential to significantly alter the landscape for employers and their employees, says Felix Digilov of Fisher Phillips.

  • Justices Hard To Read In Key Social Security Procedure Case

    Bill Nolan

    A case of great importance to advocates for Social Security claimants, Biestek v. Berryhill seems straightforward in one sense, but the range of questions at oral arguments before the U.S. Supreme Court suggest it may not be, says Bill Nolan of Barnes & Thornburg LLP.

  • Opening Comments: A Key Strategic Decision In Mediation

    Jann Johnson

    Opening comments by parties in mediation that are made with the proper content and tone can diffuse pent-up emotion and pave the way for a successful resolution. But an opening presentation can do more harm than good if delivered the wrong way, say Jann Johnson and William Haddad of ADR Systems LLC.

  • A Guide To Workplace Violence Prevention And Response

    Excerpt from Lexis Practice Advisor
    Elizabeth Harlan

    In this Lexis Practice Advisor excerpt, Elizabeth Harlan of Astrachan Gunst Thomas offers practical employer strategies for inhibiting and reacting to violence in the workplace.

  • Top 10 Whistleblowing And Retaliation Events Of 2018

    Steven Pearlman

    This year saw significant changes in the landscape of whistleblower and retaliation law, including a game-changing decision from the U.S. Supreme Court and the three largest bounty awards issued in the history of the U.S. Securities and Exchange Commission, say Steven Pearlman and Meika Freeman of Proskauer Rose LLP.

  • Why The High Court Will Hear Cochise Consultancy V. US

    Matthew Curley

    The U.S. Supreme Court recently agreed to hear Cochise Consultancy v. United States ex rel. Hunt, which deepened the circuit split over how the False Claims Act’s statute of limitations applies in certain qui tam actions. The decision should bring sorely needed clarity, say Matthew Curley and Scott Gallisdorfer of Bass Berry & Sims PLC.

  • Nonprofits And Volunteers: Understanding The Risks

    Ryan Portugal

    Nonprofit organizations commonly rely on volunteers to help achieve their mission. But circumstances in which volunteers can be treated as employees for purposes of tax, employment or negligence laws can have costly ramifications, says Ryan Portugal of Williams Parker Harrison Dietz & Getzen.

  • Class Cert. Evidence Standard Likely Headed To High Court

    Thomas Richie

    With circuit courts irreconcilably split on expert testimony at the class certification stage, the Ninth Circuit’s recent decision not to reconsider Sali v. Corona Regional Medical Center all but guarantees the issue will soon reach the U.S. Supreme Court, say Thomas Richie and John Goodman of Bradley Arant Boult Cummings LLP.

  • OFCCP Employee Selection Guidance: A Few Misconceptions

    Richard Fischer

    Meeting the scope and variety of the Office of Federal Contract Compliance Programs' adjunct employee selection requirements is a continuing challenge for contractors. Richard Fischer, research psychologist with the U.S. Department of Homeland Security and former OFCCP testing expert, debunks some common misinterpretations.

  • Opinion

    Why We Need Anti-Money Laundering Whistleblower Awards

    Eric Havian

    The recent Mossack Fonseca indictments and Deutsche Bank raid would not have been possible without the whistleblower behind the Panama Papers leak. But there is no incentive for rooting out the type of criminal money laundering revealed here, creating a large enforcement gap, say Eric Havian and Michael Ronickher of Constantine Cannon LLP.