Employment

  • May 14, 2018

    The Problem With Becoming A Parent In BigLaw

    A recent lawsuit against Morrison & Foerster alleging discrimination against women who have children illuminates a question looming over the legal industry: Are law firms truly welcoming to mothers, or are their parental leave policies merely lip service?

  • May 12, 2018

    TCJA Provokes Questions About How To Define Entertainment

    The U.S. tax overhaul scrapped employer deductions for the cost of business-related entertainment but kept a partial deduction for meals, prompting practitioners at a tax conference hosted Saturday by the American Bar Association in Washington to ponder when, exactly, a meal might become entertainment.

  • May 11, 2018

    5 Tips For Parental Leave Policies That Minimize Legal Risk

    A recent lawsuit accusing Morrison & Foerster LLP of giving pregnant women and working mothers short shrift on pay and promotions showed that even the most sophisticated employers can get tripped up by parental leave issues. Whether you're a high-powered law firm or a smaller business, here are five tips for creating parental leave policies that can help keep you out of hot water.

  • May 11, 2018

    Gov't Workers Bid To Renew Data Breach Suit At DC Circ.

    Two federal employee unions have urged the D.C. Circuit to revive multidistrict litigation brought against the U.S. Office of Personnel Management and contractor KeyPoint Government Solutions stemming from a headline-grabbing data breach, saying the case should “unquestionably” go forward despite a ruling the breach was not enough to establish standing.

  • May 11, 2018

    BioChemics Not Covered For SEC Action, Axis Tells 1st Circ.

    Axis Reinsurance Co. on Thursday urged the First Circuit to uphold a Massachusetts federal judge’s ruling that it doesn’t have to cover BioChemics Inc.’s costs to defend against U.S. Securities and Exchange Commission subpoenas and an enforcement action, saying the lower court properly found the claim predated the insurer’s policy.

  • May 11, 2018

    9th Circ. Says Burden Of Proof Is On Rail Worker In ADA Row

    The Ninth Circuit affirmed a federal jury's finding for Burlington Northern Santa Fe Railway Co. in an action alleging a failure to accommodate under the Americans with Disabilities Act, rejecting a worker's argument in a published opinion Friday that he should have only had to identify a potential accommodation.

  • May 11, 2018

    Glassdoor Says Beer Vendor Can't Sue Over Bad Reviews

    Glassdoor Inc. asked a Massachusetts federal court Friday to dismiss a suit brought by a craft beer retail company over negative comments posted on the website, which allows workers to review their jobs, saying they are immune under federal communications law.

  • May 11, 2018

    UC Regents Get Quick Toss Of Ex-Admin's Harassment Claims

    The University of California Board of Regents won a quick toss of a former University of California, Berkeley administrator's retaliation and sexual harassment claims against the school’s former vice chancellor for research, after a California federal judge ruled Friday that the allegations were time-barred.

  • May 11, 2018

    Medical Device Co. Owes $2M For Contract Breach, Suit Says

    An Irish consulting company has accused a German medical device manufacturer in New Jersey federal court of shorting it nearly $2 million by terminating its contract without proper notice and hiring many of the individual consultants without paying the agreed upon employee conversion fee.

  • May 11, 2018

    Google’s $875K Guard OT Deal OK’d After Objection Tweak

    A California judge on Friday said he’d preliminarily approve Google’s $875,000 deal to end class claims alleging hundreds of security guards and other employees were shorted on overtime and breaks, after the parties agreed to make it easier for workers to object to the settlement.

  • May 11, 2018

    Tribal Entity Not Key To Harrah's Pay Suit, Ex-Worker Says

    A former employee of the casino company Harrah’s told a North Carolina federal court Friday that a magistrate judge got it flat wrong when he recommended that a proposed class action over wages be dismissed because a tribal entity couldn’t be joined, arguing that the entity wasn’t relevant.

  • May 11, 2018

    Oil Firm's Rival Didn't Steal Trade Secrets, Judge Rules

    An Alabama federal judge on Thursday nixed oilfield services firm Core Laboratories Inc.'s claims that rival AmSpec LLC stole trade secrets by poaching several former Core affiliate employees, a day after refusing to hand AmSpec a quick win on its allegations that Core Laboratories did some poaching of its own.

  • May 11, 2018

    Walmart Worker Gets Quick Win On PAGA Claim In Labor Row

    A California federal judge ruled Friday that Walmart had violated the California Labor Code by not including start and end dates on certain pay statements or hourly rate information for overtime wages, siding with an employee who requested summary judgment on his Private Attorneys General Act claim in a class action suit.

  • May 11, 2018

    Distillery Co-Founder's $11M Suit Over Firing Headed To Trial

    A New York state judge on Friday said the co-founder of an artisan distillery may ask a jury for up to $11 million in damages after he was allegedly set up and then ousted from a state-of-the-art company that was once hailed as the next big thing in spirits. 

  • May 11, 2018

    En Banc 8th Circ. Shoots Down Ex-UPS Driver's ADA Suit

    The en banc Eight Circuit on Friday reversed a panel decision reviving a former UPS Inc. worker's Americans with Disabilities Act allegations that the company unfairly denied him a less strenuous job after he suffered an injury that his doctor said limited him to eight-hour shifts, saying the job he claims he was denied exceeded that limit.

  • May 11, 2018

    DC Circ. Grounds Union Hopes To Halt Norwegian Air Permit

    The DC Circuit has dampened the hopes of a group of airline unions, ruling Friday that the U.S. Department of Transportation had no reason to deny a foreign air carrier permit to a Norwegian Air subsidiary.

  • May 11, 2018

    Ex-NHL Enforcer Claims New Evidence In Concussion Suit

    Former National Hockey League "enforcer" Michael Peluso on Thursday asked a Minnesota federal court for permission to file an amended complaint in his concussion suit against his former teams, saying he has new evidence the teams knew he did have a brain injury and not just a risk of one.

  • May 11, 2018

    Majority Of BofI Stock Drop Suit 'Unripe,' Judge Says

    A California federal judge on Friday tentatively dismissed a significant portion of a derivative suit claiming the Bank of Internet’s board of directors engaged in multiple schemes that led to a steep stock drop when they were revealed, saying most of the claims rely on the outcome of a pending whistleblower suit and are thus “unripe.”

  • May 11, 2018

    UC San Diego Settles DOJ Immigrant Discrimination Case

    The University of California, San Diego will pay a penalty for discriminating against work-authorized immigrant employees as part of a settlement signed Thursday with the U.S. Department of Justice.

  • May 11, 2018

    Health Hires: Katten, Seyfarth, Holland, Dechert, K&L Gates

    Katten Muchin Rosenman LLP, Garfunkel Wild PC, Seyfarth Shaw LLP, Holland & Knight LLP, Dechert LLP, K&L Gates LLP and Polsinelli PC are among the latest firms to have grown their health and life sciences abilities.

Expert Analysis

  • DC Circ. Puts Union Blocking Charges On Chopping Block

    Kevin Brown

    The D.C. Circuit's recent decision in T-Mobile v. National Labor Relations Board reminds employers there is no selective negotiation during union status challenges, likely incentivizing them to withdraw recognition, and suggesting changes to the board’s blocking charge policy, say Kevin Brown and Hollis Peterson of Paul Plevin Sullivan & Connaughton LLP.

  • 5 Ways Law Firms Are Becoming More Like Hotels

    Bella Schiro

    One way law firms differentiate themselves from the competition to attract and retain top talent is through their real estate and workplace strategies. Taking a lead from the hospitality industry can help create a more inviting, welcoming and collaborative workspace environment, says Bella Schiro of Jones Lang LaSalle Inc.

  • Examining Due Process For Immigrant Workers' Comp Claims

    Agota Peterfy

    Can an unauthorized immigrant living in the U.S. who is injured at work due to inadequate equipment or facilities or lack of appropriate safety protocols seek legal redress? The U.S. Constitution says undoubtedly yes, while years of practice cloud that position with doubt, say Agota Peterfy and Tyler Schwettman of Brown and James PC.

  • Equal Pay Act Is Closing In On Mass. Employers

    Sonia Macias Steele

    Massachusetts' attorney general recently issued helpful guidance on the state's new Equal Pay Act, including some safe harbor defenses against this strict liability law. But to enjoy full protection, employers need to act soon, as the law goes into effect on July 1, says Sonia Macias Steele of Goulston & Storrs PC.

  • Opinion

    Gorsuch's 1st Year Shows He Is A Conservative Activist

    Elliot Mincberg

    In his first year on the U.S. Supreme Court, Justice Neil Gorsuch has proven to be a narrow-minded elitist who consistently votes in favor of corporations and the powerful, acting to roll back protections for workers, consumers, LGBTQ individuals and other marginalized communities, says Elliot Mincberg of People for the American Way.

  • What To Know About NY Workplace Harassment Legislation

    Laura Sack

    In the wake of national media coverage of sexual harassment claims and the #MeToo movement, New York state and New York City lawmakers have proposed legislation placing more obligations on employers to address sexual harassment in the workplace and to restrict mechanisms for resolving claims of sexual harassment, say attorneys with Davis Wright Tremaine LLP.

  • New Tax Rules For Termination Payments In UK

    Justin Tarka

    New rules aim to simplify the taxation of termination payments and mean that income tax and national insurance contributions must now be paid on all payments which relate to the notice period, says Justin Tarka of Ogletree Deakins Nash Smoak & Stewart PC.

  • GDPR And HR: 8 Steps To Compliance For US Companies

    Sam Rayner

    American organizations with a European workforce, or presence, should not assume that they can ignore the General Data Protection Regulation in favor of a self-regulatory approach to employee privacy, as is often favored across the U.S., say Sam Rayner and Tom Mintern of Bird & Bird LLP.

  • NFL Cheerleader's Title VII Claim May Face Legal Hurdles

    David Lisko

    A recent gender discrimination claim made by a cheerleader for the New Orleans Saints football team is the first (at least in the modern era) brought under Title VII by an NFL cheerleader and raises a number of unique issues and legal challenges, say David Lisko and Paul Punzone of Holland & Knight LLP.

  • Anatomy Of An FLSA Collective Action Conditional Cert.

    Frederick Warren

    A New York federal court recently granted a conditional certification of the Fair Labor Standards Act collective action claims in Julian v. Metropolitan Life Insurance. The case is being litigated hard and well by experienced FLSA counsel on both sides. As such, it is a useful vehicle to analyze cases of this nature and some of the issues that arise, says Frederick Warren of FordHarrison LLP.