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Employment

  • October 5, 2018

    Hospitals Won't Be Rapped For Arbitration Deals Amid OT Suit

    A Pennsylvania federal judge declined to sanction a hospital chain for getting its employees to sign arbitration agreements even as a proposed class action over unpaid overtime was pending, ruling that the hospitals were simply continuing an old policy from before the lawsuit began.

  • October 5, 2018

    Ex-Worker Sues CBS Sports For Race, Gender Discrimination

    An ex-CBS Sports employee filed suit against the network in New York federal court Thursday, claiming she was passed over for promotion because of her race and gender and was fired when she complained.

  • October 5, 2018

    Female MassDOT Employee Asks For Male Peers' Pay Data

    An African-American woman at the Massachusetts Department of Transportation who says she was paid less than her male counterparts asked a federal judge Friday to force the agency to release comparative pay data for other agency workers.

  • October 5, 2018

    #MeToo Changed Workplaces, But That's Just A Start

    One year after The New York Times’ explosive reporting on movie mogul Harvey Weinstein’s alleged assaults launched a national conversation on sexual misconduct in the workplace, the #MeToo Movement is at a crossroads, experts say.

  • October 5, 2018

    Biz Groups, Union Weigh In On NLRB Email Use Standard

    A coalition of business groups, the United Association of Journeymen and Apprentices of the Plumbing and Pipe Fitting Industry and others answered the National Labor Relations Board’s call for input on whether to let workers keep using work email for union business ahead of a Friday deadline.

  • October 5, 2018

    Seau Family Settles Wrongful Death Suit Against NFL

    The family of deceased Hall of Fame linebacker Junior Seau has reached a confidential settlement with the NFL in its wrongful death suit in Pennsylvania federal court, an attorney representing the family announced Friday.

  • October 5, 2018

    Chamber, Biz Groups Say Cos. Can Base Pay On Past Salary

    Business groups including the U.S. Chamber of Commerce urged the U.S. Supreme Court on Thursday to take up a California school district’s challenge to a ruling that employers violate federal equal pay law when they factor workers' prior pay into salary offers.

  • October 5, 2018

    Calif. Tire Center Workers Can't Revive Wage-And-Hour Suit

    A California appeals court tossed multiple class actions accusing Certified Tire and Service Centers Inc. of stiffing its automotive technicians of some of their enhanced pay, finding that the auto repair company complies with state minimum wage and break requirements.

  • October 4, 2018

    Gay Atty Alleges Co-Counsel Outed Him To Al-Qaida Client

    A gay attorney who helped defend an alleged 9/11 conspirator has sued the federal government for $26 million, alleging his government-contracted and military co-counsel falsely told their al-Qaida member client he was "infatuated" with him, putting his life in danger.

  • October 4, 2018

    Eateries Dinged For More Than $1M Over Alleged Wage Theft

    Three California Thai restaurants have been hit with more than a $1 million in citations over wage theft allegations from the California Labor Commissioner’s Office, the office has announced.

  • October 4, 2018

    10th Circ. Affirms UPS' Win Over Worker's Race Bias Suit

    The Tenth Circuit Thursday turned aside a UPS worker’s attempt to reopen his suit alleging he was discriminated against because he was Hispanic, saying the worker failed to show that a manager illegally targeted him because of his race.

  • October 4, 2018

    Chicago Can't Avoid Female Cops' Sex Discrimination Suits

    An Illinois federal judge rejected the city of Chicago’s bid to escape claims from two female officers who say the Chicago Police Department discriminates against women employed in prestigious units or hoping to join them, ruling Thursday the women have supported their allegations of a pattern.

  • October 4, 2018

    Cushman Appeals Attorneys' Fees On Top Of Age Bias Verdict

    Cushman & Wakefield Inc. asked the First Circuit on Thursday to overturn $280,000 in attorneys' fees that a Massachusetts federal judge handed a former employee, adding to the real estate company's appeal of a jury verdict finding the company fired the longtime computer engineer because he was aging and awarding him $1.28 million.

  • October 4, 2018

    Nikko Execs' $50M Suit Against CEO To Stay In US

    A New York federal court on Thursday denied a bid by Nikko Asset Management Co. Ltd. to dismiss a suit alleging the company and its CEO defrauded senior executives and other employees out of $50 million by manipulating an employee stock-option plan, finding that the company has enough contact with the U.S. to warrant jurisdiction.

  • October 4, 2018

    Walden Macht Rolls Out Maternity, Parental Leave Program

    The three-year-old New York City law firm Walden Macht & Haran LLP will soon announce a new parental leave policy, giving attorneys and staff 18 weeks of paid maternity leave or 10 weeks of gender-neutral parental leave after births, adoptions or foster care placements, the firm's director said Thursday.

  • October 4, 2018

    Sex Harassment Claims Jumped As #MeToo Took Off: EEOC

    In the year since the #MeToo movement took off, the U.S. Equal Employment Opportunity Commission has launched 50 percent more sexual harassment lawsuits than it did the previous year and has seen a spike in the number of sexual harassment claims it has received, according to agency data released Thursday.

  • October 4, 2018

    Gold Medal Bakery Defends Post-Surgery Firing

    Bread-maker Gold Medal Bakery argued in Massachusetts federal court Thursday that it had the right to fire a supervisor, now suing the company for $2 million, who did not return to work after a 12-week leave for knee surgery.

  • October 4, 2018

    2nd Circ. Revives Time Warner Cable Overtime Suit

    Two former salesmen and installation technicians can take another crack at their proposed class action over unpaid overtime against Time Warner Cable, the Second Circuit ruled Thursday, finding that a lower court botched its interpretation of their job description when it shut down the suit last year.

  • October 4, 2018

    Energy Data Co. Says Exec Stole Secrets, Helped Competitor

    The energy-market data firm Genscape Inc. has filed suit against a former employee who is now the CEO of a competitor in Colorado federal court over allegations that he stole company secrets that allowed his new employer to bypass years of expensive research.

  • October 4, 2018

    Ex-Morgan Stanley Brokers Want Client Luring Suit Tossed

    Six former Morgan Stanley Smith Barney brokers asked an Illinois federal judge to dismiss a lawsuit from their former employer alleging that they tried to lure former clients to a new firm after jumping ship, saying the suit is based on nothing more than speculation and unenforceable employee agreements and policies.

Expert Analysis

  • Grandfathering Executive Compensation Plans Under TCJA

    Eric Winwood

    While the Tax Cuts and Jobs Act fundamentally changed rules governing the deduction under IRC Section 162(m) of executive compensation by publicly held corporations, it also included grandfather relief for some existing arrangements. Eric Winwood of Baker Botts LLP discusses the recent grandfather relief guidance and its effects.

  • 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.