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Employment

  • January 8, 2019

    Pa. Justices To Mull PennDOT Worker's Facebook Post Firing

    The Pennsylvania Supreme Court on Tuesday agreed to consider whether an employee with the state’s Department of Transportation could be fired over a profane Facebook rant in which she complained about local school bus drivers and stated that she would “gladly smash into a school bus.”

  • January 8, 2019

    Ex-Novartis Exec Fired Over Study Objections, NJ Jury Told

    Counsel for a former Novartis Pharmaceuticals Corp. executive told a New Jersey state jury Tuesday that she was fired in retaliation for objecting to a proposed drug study, but a company attorney said she was terminated over a series of policy violations that put the pharmaceutical giant at risk.

  • January 8, 2019

    21 AGs Join Pa., NJ In Fighting Trump's Birth Control Rules

    Attorneys general for 20 states and the District of Columbia have thrown their support behind Pennsylvania and New Jersey in urging a federal court to block proposed Trump administration rules allowing employers to opt out of covering contraception if they oppose its use on moral or religious grounds.

  • January 8, 2019

    Religious Orgs Back EEOC Bid For 8th Circ. Redo In Bias Suit

    An Eighth Circuit panel gutted religious bias protections by rejecting a suit alleging a Minnesota hospital illegally pulled a job offer because an applicant asked for her Sabbath off, the Seventh-day Adventists' governing group said Tuesday, backing the U.S. Equal Employment Opportunity Commission's bid for en banc rehearing.

  • January 8, 2019

    Duane Morris Offers Hours Reduction Around Parental Leave

    Duane Morris LLP attorneys in the U.S. will be able to reduce their billable hour expectations without a pay reduction in the period before and after taking parental leave as part of a new ramp down/ramp up policy, the firm announced Tuesday.

  • January 8, 2019

    GSK, Laid-Off Workers Fight Over Denial Of Severance

    GlaxoSmithKline and a group of laid-off employees each urged a North Carolina federal judge to deny the other a quick win in a benefits dispute, with the company saying the workers didn't show they were unreasonably denied severance and the workers arguing that the company had a conflict of interest.

  • January 8, 2019

    Pa. Bus Driver Can Get Unemployment After Knife Incident

    A former Cambria County bus driver didn't violate her employer's rules against weapons in the workplace when she handled a knife in an employee lounge while talking to a human resources employee, a Pennsylvania appeals court ruled Tuesday.

  • January 8, 2019

    US Tennis Can't Trim Former Umpire's Race Bias Suit

    A New York magistrate judge has recommended denying a request from the U.S. Tennis Association to trim what the sports organization called irrelevant and “inflammatory” claims from a suit by a former umpire alleging racial bias, ruling discovery may prove the passages important to the case.

  • January 8, 2019

    Dem Lawmakers Want Audit On Teen Health-Job Rulemaking

    A group of Democratic lawmakers have asked a U.S. Department of Labor watchdog to look into how the department developed a proposed rule that would loosen limitations on 16- and 17-year-olds being able to train, work or have an apprenticeship in the health care realm.

  • January 8, 2019

    Seattle Paratransit Drivers Denied Cert. In Meal Break Suit

    A Washington federal judge has declined to certify a proposed class in a suit alleging two businesses that jointly provide paratransit service in the Seattle area denied hundreds of drivers rest and meal breaks required under state law.

  • January 8, 2019

    Prof Says Gov't Opt Out Doesn't Alter FCA Time Limits

    A law professor has urged the U.S. Supreme Court to back an Eleventh Circuit ruling that the “government knowledge” statute of limitations in False Claims Act cases applies regardless of whether the government intervenes, asserting that the act is “plain and unambiguous” on the issue.

  • January 8, 2019

    Nonunion Workers Have Rights Too, Mass. High Court Hears

    Massachusetts’ highest court heard oral arguments Tuesday in a case seeking to stretch the rights of nonunion public employees beyond what the U.S. Supreme Court established last year, not only exempting them from mandatory fees but also giving them a seat at the table in bargaining negotiations.

  • January 8, 2019

    NY Restaurateur Facing Wage Suit From Ex-Bussers

    New York City celebrity chef Chris Santos’ restaurant group on Monday was hit in federal court with a collective action by three former employees of high-end eatery Beauty and Essex, claiming they were underpaid and forced to perform untipped work without being fairly compensated for it.

  • January 8, 2019

    Senate Dems Seek Closer Look At Court Misconduct Report

    Democrats on the Senate Judiciary Committee have called out the perceived shortcomings of a federal report on how the judiciary could improve the reporting and investigation of sexual misconduct in the courts, citing concerns that the report authors failed to thoroughly review the prevalence of harassment.

  • January 8, 2019

    Mich. Gov. Beefs Up Bias Protections For LGBT State Workers

    Newly sworn-in Michigan Gov. Gretchen Whitmer has bolstered protections for gay and transgender public workers, signing an executive order Monday that bars discrimination against state workers and job applicants based on their sexual orientation or gender identity.

  • January 8, 2019

    Tesla, Contractor Move To Dump Workers' Visa Fraud Suit

    Tesla Inc. and contractor Eisenmann Corp. urged a California federal judge on Monday to snuff out an amended False Claims Act and Racketeer Influenced and Corrupt Organizations Act suit alleging they participated in a visa fraud scheme to illegally import low-cost foreign labor for Tesla’s manufacturing plant.

  • January 7, 2019

    NJ, Gov. Campaign Accused Of Mishandling Rape Claim

    A New Jersey housing official on Monday launched a lawsuit alleging the state and the campaign of Gov. Phil Murphy mishandled her claim that she was raped by a former campaign staffer who later got a high-ranking position within the administration.

  • January 7, 2019

    Big Apple Eateries Freed From No-Tip Conspiracy Case

    Several upscale New York restaurants and their celebrity chefs can slip a suit alleging they cooked up a no-tipping scheme to boost menu prices, a federal judge ruled Monday, adding if a fresh complaint against the California eateries isn't filed by the end of January, the case will be closed.

  • January 7, 2019

    Supreme Court Swats Away 2 Employment Cases

    The U.S. Supreme Court turned aside a pair of employment cases Monday, declining opportunities to clarify the burden of proof for parties in certain Americans with Disabilities Act cases and to rule on whether judges can use information they seek out from company websites without first notifying the parties in a case.

  • January 7, 2019

    Ex-Atty For Mitsubishi Blasts Bid To Nix Gender Bias Suit

    A former in-house attorney at a Mitsubishi Chemical Corp. unit pushed back Friday against a motion to have her suit accusing the company of gender discrimination tossed out of New York federal court.

Expert Analysis

  • 6 Lessons From Recent FMLA And ADA Decisions: Part 1

    Melissa Bergman Squire

    Given the risks associated with Family and Medical Leave Act and Americans with Disabilities Act compliance, it's essential that employers keep abreast of continuing developments. Attorneys with Dechert LLP discuss what employers can learn from recent cases.

  • Series

    Judging A Book: Ginsburg Reviews 'The Curse Of Bigness'

    Judge Douglas Ginsburg

    When reading Tim Wu’s new book, "The Curse of Bigness: Antitrust in the New Gilded Age," lawyers, economists and historians will find its broad brush maddening, and the generalist reader will simply be misled, says D.C. Circuit Judge Douglas Ginsburg.

  • 5 Things You Should Know About New Rule 23 Amendments

    John Lavelle

    For the first time in 15 years, Federal Rule of Civil Procedure 23, governing class actions, has been amended. There are five key changes that will likely impact future federal class action litigation and settlements, say John Lavelle and Terese Schireson of Morgan Lewis & Bockius LLP.

  • Not Too Late For Small Business Owners To Lower 2018 Taxes

    Steve Moskowitz

    While the best tax plans are usually implemented year-round, small business owners still have time to consider whether taking certain steps will lower their 2018 tax bill, says Steven Moskowitz of Moskowitz LLP.

  • Practitioner's Guide To Stratified Random Sampling: Part 2

    Brian Kriegler

    In the final part of this article, Brian Kriegler of Econ One Research Inc. uses a hypothetical wage-and-hour example involving on-duty meal period agreements to simplify the application of stratified random sampling for correct use in a legal setting.

  • EEOC Puts The Pedal To The Metal: FY 2018 Results

    Christopher DeGroff

    Just as the waning months of fiscal year 2017 showed a marked increase in U.S. Equal Employment Opportunity Commission filings, this year turned up the heat even more, demonstrating that the agency’s litigation program is not slowing down any time soon, say attorneys with Seyfarth Shaw LLP.

  • Practitioner's Guide To Stratified Random Sampling: Part 1

    Brian Kriegler

    Brian Kriegler of Econ One Research Inc. explains when it might be advantageous to select a random sample that has been divided into multiple subpopulations, such as when evaluating the rate at which a large medical provider submitted ineligible Medicare reimbursements over 10 years.

  • Understanding Treasury's New Hardship Distribution Rules

    Jorge Leon

    In November, the Treasury Department issued proposed regulations expanding the safe harbor for hardship distributions from qualified retirement plans. Now plan sponsors need to consider whether, when and how they will adapt, say attorneys at Michael Best & Friedrich LLP.

  • NLRB Contract-Bar Rule Continues To Confuse

    Douglas Darch

    Two recent decisions from the National Labor Relations Board, which address when the so-called contract-bar doctrine prohibits an election petition, highlight the continued uncertainty surrounding the rule, say Douglas Darch and Jenna Neumann of Baker McKenzie.

  • The Future Of Paid Leave In Texas And Beyond

    Steve Roppolo

    At least 29 Texas lawmakers have vowed to introduce legislation in January that would prohibit local governments from implementing paid sick leave ordinances. However, it likely would not let employers completely off the hook, as U.S. workers may see some form of federal paid leave soon, says Steve Roppolo of Fisher Phillips.