Employment

  • January 11, 2018

    7th Circ. Eyes Hurdles In Reviving NHL Opioid Death Suit

    The Seventh Circuit on Thursday seemed wary of restoring a wrongful death suit against the National Hockey League over former player Derek Boogaard’s opioid overdose death, saying his family may still have trouble bringing a suit even if they have to do so with a trustee pursuant to Minnesota law.

  • January 11, 2018

    JPMorgan Workers Strike $8.3M Deal With Bank On OT Claims

    JPMorgan Chase & Co. will shell out $8.3 million to end a proposed class action brought by assistant bank managers who alleged they were misclassified as overtime-exempt employees, according to a deal proposed in California federal court Thursday.

  • January 11, 2018

    Google Nears Win In Bid To Trim Hiring Age Bias Suit

    A California federal judge Thursday tentatively trimmed a disparate impact claim from a collective action alleging Google’s hiring practices discriminated against older candidates, saying because a former plaintiff withdrew that claim it’s also waived for the 47-year-old woman who took over as lead plaintiff.

  • January 11, 2018

    Chrysler Didn't Discriminate Against Ex-Worker, Panel Says

    Chrysler did not illegally discriminate against an African-American employee based on her race or gender when it fired her for performance issues, a California state appellate court ruled Wednesday while also reviving her claims that she was sexually harassed.

  • January 11, 2018

    Hotel Workers Say Fingerprint Data Suit Should Be Remanded

    A class of hotel employees asked a federal court to remand a suit alleging Pineapple Hospitality Co. violated Illinois' stringent biometric data law by collecting worker fingerprints, arguing that neither party is able to show that the suit stands up to federal jurisdiction.

  • January 11, 2018

    House Pushes Through Tribal Labor Legislation

    The U.S. House of Representatives on Wednesday passed a legislation package with a provision that would prevent the National Labor Relations Board from acting in tribal employment matters.

  • January 11, 2018

    ICE Touts Workplace Immigration Enforcement Strategy

    The U.S. Department of Homeland Security on Wednesday touted its efforts to crack down on individuals who are unauthorized to work in the U.S., saying the agency is implementing a strategy to find these workers and penalize their employers.

  • January 11, 2018

    Chrysler Workers Say UAW Officials Took Bribes To Cut Jobs

    Current and former Chrysler paint shop workers hit parent company FCA US LLC and the United Auto Workers union with class actions Thursday alleging high-ranking union officials took bribes to accept a deal that cost members of one proposed class their jobs and slashed pay and benefits for members of the other.

  • January 11, 2018

    Morgan Lewis Fights DQ For Repping Both Sides In Wage Suit

    Morgan Lewis & Bockius LLP attorneys on Thursday asked a California federal judge not to disqualify the firm for representing both a hotel and several workers who could be members of a putative class suing it over wage violations, saying there was no conflict anymore because the firm no longer represents the workers.

  • January 11, 2018

    NYC Applebee's Operator Says Judge's Report Could Ruin It

    A company that runs New York City-area Applebee’s restaurants pushed back Thursday against a Brooklyn federal judge’s report that said tipped workers had wages improperly withheld for years, arguing the potential $100 million price tag suggested in the report could lead to its “ruination.”

  • January 11, 2018

    Fake Psychiatrist Tells 7th Circ. Patients Faced Little Risk

    A man sentenced to more than 13 years in prison for stealing a psychiatrist’s identity and using the information to see patients and prescribe them medication told the Seventh Circuit on Thursday that the lower court imposed sentencing time enhancements for sophisticated and high-risk conduct that his case's evidence does not support.

  • January 11, 2018

    Eddie Bauer Workers Win Cert. In Bag Check Class Action

    Nearly 1,100 Eddie Bauer retail workers in California won certification Wednesday in a class action alleging they weren’t paid for time spent undergoing security checks before leaving the store.

  • January 11, 2018

    Escobar Erases Nursing Co.'s $350M FCA Verdict

    A Florida federal judge on Thursday vaporized a roughly $350 million False Claims Act verdict against a nursing home operator, saying there isn’t evidence the government would have declined payment if aware of alleged billing violations.

  • January 11, 2018

    Fla. Compounding Pharmacy, Execs Escape Rep's FCA Claims

    A federal judge on Wednesday threw out a former sales representative's amended False Claims Act suit against a Florida compounding pharmacy and its top executives, finding her pleadings insufficient on claims outside of an accusation of overbilling the government's Tricare program on which the government has already intervened.

  • January 11, 2018

    Atty Can Revive ‘Grisham’-Like Counterclaims Against Firm

    A Florida state appellate court on Wednesday backed a lower court order dismissing several counterclaims it described as “rivaling those … in a John Grisham novel” in a dispute between an attorney and his former firm, but opened the door for the attorney to revive three of the claims in the lower court.

  • January 11, 2018

    Tips Equal Over Half Of Restaurant Staff Income, Report Says

    More than half of earnings for waiters and bartenders come from tips, says a new report released Thursday as the U.S. Department of Labor considers reversing an Obama-era rule that prevents employers from redistributing servers’ tips to back-of-house employees.

  • January 11, 2018

    Ex-USC Player Cites 'Economic Realities' To Revive Wage Suit

    A former University of Southern California linebacker lobbed another bid to convince the Ninth Circuit to revive his wage and overtime class action against the NCAA and the Pacific-12 Conference, arguing the “economic realities” of the case prove that players are being underpaid.

  • January 11, 2018

    Court Overturns Conviction Of LuxLeaks Whistleblower

    The Luxembourg Court of Cassation on Thursday recognized the whistleblower status of Antoine Deltour, one of two former PricewaterhouseCoopers employees who leaked to the press thousands of confidential documents disclosing corporate tax avoidance.

  • January 11, 2018

    BP Pays $102M To Settle Calif. Gas Overcharge Suit

    BP PLC has agreed to pay California and a whistleblower $102 million to settle a suit alleging it intentionally overcharged the Golden State for natural gas in violation of contractual caps, just as the case was set to go to trial in state court, according to lawyers for the whistleblower.

  • January 11, 2018

    Fla. Residential Facility Not Bound By FLSA, 11th Circ. Says

    A Florida housing community for the elderly isn’t on the hook for unpaid minimum wages to a former resident under a state constitutional provision because it doesn’t qualify as an operational residential care facility under the Fair Labor Standards Act, the Eleventh Circuit ruled Wednesday.

Expert Analysis

  • Practitioner's Guide To Statistical Sampling: Part 2

    Brian Kriegler

    In the second of four articles on statistical sampling in practice, Brian Kriegler of Econ One Research offers a method for constructing confidence intervals when the sample size is relatively small.

  • Top 10 Employer Resolutions For 2018

    Allegra Lawrence-Hardy

    Last year employers watched as a variety of regulations were rolled back to pre-Obama administration status. Allegra Lawrence-Hardy and Bonnie Burke of Lawrence & Bundy LLC discuss what happened in 2017, the developments employers should be alert to this year, and the resolutions they should make to protect their company and employees.

  • 5 Legal Technology Predictions For 2018

    Jeff Ton

    While each new year is expected to bring fresh challenges to the legal industry, 2018 will be particularly disruptive to the status quo. Both law firms and organizations that cater to the legal community should prepare for developments like increasing pressure from international clients and data security risks caused by multigenerational gaps, says Jeff Ton of Bluelock LLC.

  • The New Normal For Business Immigration In 2018

    Rebecca Schechter

    With the Buy American, Hire American executive order, the Trump administration gave legal force to its goal of limiting employment-based immigration to protect U.S. workers. Employers should be prepared for increased scrutiny, stricter requirements and stepped-up enforcement to continue in 2018, say Rebecca Schechter and Courtney Noce of Greenberg Traurig LLP.

  • Practitioner's Guide To Statistical Sampling: Part 1

    Brian Kriegler

    In the first of four articles on statistical sampling in practice, Brian Kriegler of Econ One Research examines four core principles of random sampling and offers recommendations for justifying statistical inference calculations.

  • Back To The Future For The NLRB

    Stephen Roppolo

    The National Labor Relations Board recently overturned several fairly short-lived, Obama-era precedents during the last week of outgoing Chairman Philip Miscimarra’s tenure. Of those decisions, two in particular stood out: Specialty Healthcare and DuPont, says Stephen Roppolo of Fisher Phillips.

  • Preparing For Potential Cuts To Certain H-1B Extensions

    Elizabeth Espín Stern

    The U.S. Department of Homeland Security may be considering new measures that would potentially reduce or eliminate specific H-1B extensions granted under the American Competitiveness in the 21st Century Act of 2000. Elizabeth Espín Stern and Paul Virtue of Mayer Brown LLP offer guidelines to assist employers in advising their workforce about the potential impact if DHS does take action.

  • Employers Must Note Major Tax Law Changes For 2018

    Peter Salomon

    The recently signed tax reform law will affect nearly every aspect of the American economy, and includes several changes to employee benefits and compensation arrangements. Employers must thoroughly review the law's updates to the tax treatment of stock options, compensation of top executives, retirement plan loans, IRA conversions and other activities, say attorneys with Akerman LLP.

  • NJ Bill Could Make Resolving Employment Disputes Tougher

    Maxine Neuhauser

    Legislation recently introduced in New Jersey would effectively prohibit prospective arbitration agreements and jury trial waivers with respect to employment discrimination, retaliation and harassment claims. Although less than two pages long, it has the potential to substantially limit employers’ options for defending and resolving workplace conflicts, says Maxine Neuhauser of Epstein Becker Green.

  • The Broader Implications Of Sessions’ Marijuana Move

    Markus Funk

    Beyond what it heralds for the marijuana industry, Jeff Sessions’ memo on marijuana enforcement signals a new era of increasingly decentralized federal prosecutorial power, say attorneys with Perkins Coie LLP, including former Colorado Chief Justice Michael Bender.