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Employment

  • May 14, 2018

    Security Co. Can't Escape EEOC's Race Bias Class Action

    A Maryland federal judge on Monday refused to let government security contractor MVM Inc. escape the U.S. Equal Employment Opportunity Commission’s claims it systematically pushed out a class of African workers, instead pausing the suit to let the agency amend charge documents that left out key allegations.

  • May 14, 2018

    Jevic Workers Say Supreme Court Ruling Bars Ch. 11 Deal

    Attorneys for workers whose bankruptcy appeal led to a U.S. Supreme Court ruling last year that narrowed the use of Chapter 11 structured settlement dismissals told a Delaware judge Monday the high court ruling nullified a deal that company lenders now want to reassert.

  • May 14, 2018

    AT&T Biased Against Pregnant Sales Staff, Ex-Workers Say

    Two former employees of AT&T's mobile phone subsidiary have accused it of discriminating against pregnant retail store employees by having a companywide policy that penalizes them for absences or lateness related to pregnancy or childbirth, according to court papers filed Monday.

  • May 14, 2018

    DoorDash, Boston Driver Clash On Legality Of Class Waiver

    Counsel to restaurant-delivery service DoorDash and a Boston-area driver who filed a class action lawsuit against the company for allegedly lost wages wrangled in a Boston courtroom Monday over the legality of a contract clause waiving workers’ rights to collectively sue their employer.

  • May 14, 2018

    Seattle Council OKs Lower $50M Annual Head Tax On Big Biz

    After weeks of controversy during which online retail giant Amazon paused the planning of construction on a major city project, the Seattle City Council voted Monday to approve a scaled-down, nearly $50 million annual head tax on large corporations.

  • May 14, 2018

    50 Law Schools Ask Recruiting Firms If They Require NDAs

    Fifty of the nation’s top law schools have asked firms recruiting on campuses to complete a survey regarding their use of mandatory arbitration and nondisclosure agreements, following reports that some BigLaw firms have required summer associates to sign agreements covering sexual harassment and other workplace misconduct.

  • May 14, 2018

    On 2nd Pass, NLRB Official Says PCC Microunit Can Unionize

    A National Labor Relations Board official has ruled that a proposed bargaining unit of welders at metal casting company PCC Structurals Inc. passes muster under the new test for evaluating units that the board adopted earlier in the case and that replaced the more union-friendly standard set in the NLRB's now-toppled 2011 Specialty Healthcare decision.

  • May 14, 2018

    Hospital Workers Urge Deal In 'Church Plan' Suit, $1.2M Fees

    Attorneys leading a class of hospital workers accusing Advocate Healthcare Network of improperly classifying its pension plan as a “church plan” asked an Illinois federal judge Friday to grant final approval to a proposed deal that would resolve the dispute and award them up to $1.25 million in legal fees.

  • May 14, 2018

    9th Circ. Punt In Airline Wage Row Leaves Carriers On Edge

    The Ninth Circuit’s recent request that the California Supreme Court clarify how far-reaching the Golden State’s wage laws really are puts the airline industry on edge that it may face additional administrative burdens of complying with a patchwork of state wage-statement statutes, industry observers say.

  • May 14, 2018

    NJ Prosecutor Must Face Whistleblower's Suit, Court Says

    The New Jersey Appellate Division on Monday revived the whistleblower lawsuit of a Somerset County Prosecutor’s Office worker against his employer, ruling that his transfer to another department could be considered retaliation under the state’s Conscientious Employee Protection Act.

  • May 14, 2018

    ABM Janitor Class Trimmed In Suit Over Cellphone Use

    A California federal judge on Monday narrowed a 30,000-member class of janitors accusing facility management company ABM Industries Inc. of making them use their personal cellphones for work purposes without reimbursement, saying arbitration agreements some of them signed in 2016 keep some claims out of court.

  • May 14, 2018

    Workers, Foremen Win Conditional Cert. In Contractor OT Suit

    A Maryland federal judge on Monday conditionally certified a collective action of laborers and foremen accusing a construction contractor of stiffing them on overtime pay, ruling the employees had properly alleged they were similarly situated and subject to a companywide overtime policy.

  • May 14, 2018

    NY Med. Staffing Co. Owner Indicted For Visa Fraud Scheme

    A Queens, New York, woman who owned a medical staffing agency was accused Monday in New York federal court of allegedly creating fake nursing jobs to bring Filipino immigrants into the U.S. through the H-1B visa program, according to the U.S. Department of Justice.

  • May 14, 2018

    EEOC Says It Needn't Fork Over More Docs To Strip Club

    The U.S. Equal Employment Opportunity Commission told a Florida federal court Friday that a strip club already has the available income information for a bartender applicant it allegedly discriminated against for being male and it is trying to compel more documents as a distraction.

  • May 14, 2018

    J&J Can't Arbitrate Applicant's Background Check Claims

    A Pennsylvania federal judge held that a would-be employee’s arbitration agreement with a staffing firm can’t be used to force him to arbitrate claims that a Johnson & Johnson subsidiary unfairly revoked his job offer because of a background check, saying his allegations against J&J stem from the Fair Credit Reporting Act, not the contract.

  • May 14, 2018

    3 Ex-Ogletree Deakins Attys Enter $300M Gender Bias Suit

    Three former Ogletree Deakins Nash Smoak & Stewart PC attorneys have added their names to a $300 million gender discrimination class and collective action against the firm, according to an amended complaint filed Friday in California federal court, which also added Ogletree Deakins’ managing shareholder as a named defendant.

  • May 14, 2018

    Supreme Court Won't Hear 11th Circ. Dreadlocks Bias Ruling

    The U.S. Supreme Court declined Monday to hear the NAACP Legal Defense and Educational Fund's challenge to an Eleventh Circuit ruling that employers don't violate federal race discrimination laws when they treat workers differently based on "mutable" characteristics, such as dreadlocks.

  • May 14, 2018

    High Court To Hear If Damages For Rail Staff Can Be Taxed

    The U.S. Supreme Court agreed Monday to hear a petition from BNSF Railway Co. over whether payroll taxes should be deducted from compensation owed to a former employee for lost wages in connection with a workplace injury.

  • 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.

Expert Analysis

  • 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.

  • Why Bankruptcy Lawyer's Trade Secret Cases Failed

    James Morsch

    Peter Francis Geraci — owner of a large consumer bankruptcy firm based in Chicago — recently lost two trade secret cases, illustrating just how difficult it can be to win a lawsuit for misappropriation against individuals employed by a rival, says James Morsch of Butler Rubin Saltarelli & Boyd LLP.

  • Navigating The Circuit Split Over Reasonable ADA Leave

    Allison Oasis Kahn

    The U.S. Supreme Court recently denied the petition for certiorari in Severson v. Heartland Woodcraft, where the Seventh Circuit put significant restrictions on the length of leave considered reasonable under the Americans with Disabilities Act. Given the inconsistent approaches among various courts, employers may find it challenging to create and follow best practices, says Allison Oasis Kahn of Carlton Fields.

  • 4 Nettlesome Issues For Private Equity Management

    Benjamin Ferrucci

    Tax reform's modification of the carried interest rules received a lot of attention. However, reform did little else to alter the private equity landscape, and private equity portfolio managers still must address four particularly troublesome compensation issues, says Benjamin Ferrucci, a partner at Locke Lord LLP in Boston.

  • Finance-Savvy Millennials Are Shifting Business Of Law

    Michael Perlich

    The impact of millennials has already been felt within the legal community by our eagerness to embrace new technologies. One way that we will have potentially even more impact lies in our willingness to embrace new ways of developing business and financing law, says Michael Perich of Burford Capital LLC.

  • Opinion

    Attorney-Client Privilege Is Alive And Well

    Genie Harrison

    The FBI raid of the office of President Donald Trump’s personal lawyer set off a firestorm of controversy about the sanctity of the attorney-client privilege, epitomized by Trump's tweet that the "privilege is dead." But attorney-client privilege is never taken lightly — I have battle scars from the times I have sought crime-fraud exceptions, says Genie Harrison of the Genie Harrison Law Firm.

  • 2 Clear Takeaways From 9th Circ. Equal Pay Decision

    Tara Presnell

    On Monday, in Rizo v. Yovino, the Ninth Circuit held that prior salary, standing alone or in combination with other factors, cannot justify a wage differential between male and female employees under the Equal Pay Act. Employers should note two significant aspects of the court's opinion, says Tara Presnell of Littler Mendelson PC.

  • Roundup

    Dissolving Practice

    Dissolving Practice

    In this series, experts discuss the unique aspects of closing a law firm, and some common symptoms of dysfunctionality in a firm that can be repaired before it's too late.

  • Series

    Dissolving Practice: How To Fix A Dysfunctional Law Firm

    Larry Richard

    I am often asked, “When there are one or more partner departures, what can a firm do to prevent this from escalating to a catastrophic level?” The short answer is “nothing.” Law firms need to adopt culture-strengthening lifestyles to prevent defections from occurring in the first place, says Larry Richard of LawyerBrain LLC.