We use cookies on this site to enable your digital experience. By continuing to use this site, you are agreeing to our cookie policy. close

Employment

  • August 16, 2018

    Food Service Workers Get Limited Cert. In Pay Suit

    A New Jersey federal judge on Thursday rejected most of a former Flik International Corp. worker’s request for conditional certification of a collective class of employees who purportedly weren’t paid for all the hours they worked, but held that he made the required showing when it came to workers at the Bayer cafeteria in Whippany.

  • August 16, 2018

    Mo. Prison Officers Win $113M Verdict In Wage Class Action

    A central Missouri jury has awarded $113.7 million to a class of 13,000 corrections officers, after the officers alleged the Missouri Department of Corrections failed to pay them for work they did before and after shifts at prisons across the Show-Me State.

  • August 16, 2018

    8th Circ. BNSF Ruling Clarifies Federal Preemption

    The Eighth Circuit’s recent finding that BNSF Railway Co. can sue a seat manufacturer over an engineer’s injury clarifies that state law claims based on federal safety standards don’t upend the national uniformity in railroad regulations that has long been protected by federal law, experts say.

  • August 16, 2018

    9th Circ. Revives Teachers' Retirement Savings Interest Suit

    The Ninth Circuit ruled Thursday that a district court erred when it dismissed as unripe a proposed class action from teachers claiming that interest was wrongly skimmed from their retirement accounts, holding that the precedential test used by the lower court didn’t apply.

  • August 16, 2018

    NY Appeals Court Halts New York Islanders Asbestos Claims

    A New York state appeals panel on Wednesday upheld the bulk of the dismissal of a Nassau Coliseum employee’s suit against New York Islanders Hockey Club and Nassau County alleging that he had sustained lung injuries from working at the arena, finding that he filed the suit too late.

  • August 16, 2018

    NY Construction Cos. Stiffed Workers On Wages, Suit Says

    A group of 10 construction workers filed a collective action in New York federal court Thursday alleging that their employers at a Manhattan construction site, RSK Construction Inc. and Real Innovative Construction LLC, stiffed them on overtime wages and cut their wages without any explanation.

  • August 16, 2018

    4th Circ. Nixes Ex-Professor's National Origin Bias Case

    The Fourth Circuit on Thursday upheld the dismissal of a suit by a Turkish college professor who claimed she was denied tenure by Longwood University because of her national origin and ultimately fired for complaints about discriminatory treatment, finding that a lower court made no errors in its analysis.

  • August 16, 2018

    Ex-BP Economist Gets Prison In Bitcoin Extortion Plot

    A former BP America Inc. economist who pled guilty to attempting to extort the company out of more than $300,000 by demanding bitcoin payment in exchange for not releasing classified documents was sentenced on Thursday by a federal judge in Houston to 27 months in prison.

  • August 16, 2018

    BK Franchisee Can't Stop Strike Talk In Parking Lot: NLRB

    A Michigan Burger King franchisee violated the National Labor Relations Act by telling workers they couldn’t discuss striking in support of a $15 minimum wage in its parking lot, a National Labor Relations Board panel said Wednesday.

  • August 16, 2018

    NLRB Releases Memos On Immigration Protest, Weingarten

    The National Labor Relations Board on Wednesday published a flurry of informal guidance letters written by its in-house attorneys, including memos saying Latino workers who took part in a pro-immigrant protest were protected by federal labor law and reaffirming that workers' Weingarten rights kick in immediately after they vote in a union.

  • August 16, 2018

    DOL, HHS Beat Sons' Suit For Father's Cancer Benefits

    A D.C. federal judge on Thursday tossed a suit alleging that the U.S. Department of Labor wrongly denied benefits to the sons of a former federal employee, who is now dead, holding that the two sons failed to seek a form of relief that would address the injury they claimed.

  • August 16, 2018

    High Court Urged To Let 2nd Circ. Gay Bias Ruling Stand

    A deceased skydiving instructor’s estate urged the U.S. Supreme Court on Thursday to reject an appeal of the Second Circuit’s decision that workplace sexual orientation bias lies within Title VII’s reach, saying the instructor’s former employer may no longer be a proper party to his wrongful termination suit since the company is now defunct.

  • August 16, 2018

    Health Staffing Firm Wins Injunction In Trade Secrets Suit

    A Texas federal judge has granted a health care staffing firm's request for an injunction against a rival in a suit accusing its former employees of stealing trade secrets and sabotaging the firm's information database before they left.

  • August 16, 2018

    'Indefensible' Fees Request Slashed In ACA Birth Control Row

    In a sternly worded opinion, an Oklahoma federal judge rejected a request for $3.1 million in attorneys' fees from lawyers representing a group of Catholic institutions that sued over Affordable Care Act rules concerning birth control, ruling that the request was "indefensible" and reducing it by more than 75 percent.

  • August 16, 2018

    Wisconsin Injury Firm Gingras Cates Adds 3 Attys

    Wisconsin personal injury and civil rights law firm Gingras Cates & Wachs has hired three new attorneys to continue their work on the firm's core areas, including medical malpractice and employment, according to the firm.

  • August 16, 2018

    NYC Butcher Shop Stiffed Workers On Wages, Suit Says

    A butcher shop in Upper Manhattan failed to pay an employee minimum wage and overtime when he was working an average of 96 hours a week in violation of state and federal labor laws, the worker alleged in a proposed collective action in New York federal court.

  • August 16, 2018

    A Chat With Ogletree Knowledge Chief Patrick DiDomenico

    In this monthly series, Amanda Brady of Major Lindsey & Africa interviews management from top law firms about the increasingly competitive business environment. Here we feature Patrick DiDomenico, chief knowledge officer at Ogletree Deakins Nash Smoak & Stewart PC.

  • August 15, 2018

    Ogletree Must Show Judge Contract In Atty Gender Bias Suit

    A California federal judge said Wednesday that he will need to see Ogletree Deakins Nash Smoak & Stewart PC's contract with a former nonequity shareholder before deciding whether to transfer her proposed gender bias class action, send it to arbitration or keep it in his court.

  • August 15, 2018

    US Trustee Backs Ex-CEO's Bid To Convert Level Solar Ch. 11

    The ousted former CEO of Level Solar Inc.’s long-simmering bid to convert the defunct residential solar company’s Chapter 11 bankruptcy to a Chapter 7 liquidation began heating up again on Wednesday, as the federal bankruptcy watchdog echoed his concerns while a creditor objected to them.

  • August 15, 2018

    EEOC Litigation Wave Continues With Grand Hyatt Bias Suit

    The U.S. Equal Employment Opportunity Commission hit Grand Hyatt New York with a disability bias suit Wednesday, marking at least the 16th new discrimination or harassment suit the agency has filed in the first 15 days of August.

Expert Analysis

  • Roundup

    Clerking For Ginsburg

    Clerking For Ginsburg

    Justice Ruth Bader Ginsburg joined the U.S. Supreme Court 25 years ago and is not planning to retire anytime soon — she has hired clerks through 2020. What's it like to assist Justice Ginsburg? In this series, former clerks reflect on the experience.

  • Series

    Clerking For Ginsburg: 3 Surprises

    David Post

    It had never occurred to me that judges don’t always love the way their appellate cousins review their work and tell them — in public — all the things they got wrong. I was frequently struck by Justice Ruth Bader Ginsburg’s acute awareness of the delicacy of this relationship, says attorney David Post.

  • Employment Litigation And Jury Opinions In A #MeToo World

    Ellen Brickman

    Jurors’ beliefs about social inequality, intergroup differences and disparate treatment are likely to play a role in their evaluations of discrimination and harassment claims, especially in the current political climate. To understand that role better, we undertook a survey of registered voters in New York and Los Angeles, say Ellen Brickman and Chad Lackey of DOAR Inc.

  • ERISA Class Actions After Epic Systems

    James Baker

    U.S. Supreme Court Justice Neil Gorsuch's opinion in Epic Systems v. Lewis employed the same analytics used by Justice Antonin Scalia in three previous decisions. They strongly suggest the court would allow a mandatory arbitration clause with a class action waiver in the Employee Retirement Income Security Act context, says James Baker of Baker McKenzie.

  • Series

    Clerking For Ginsburg: A Superhero Supreme

    Burden Walker

    As a clerk for Justice Ruth Bader Ginsburg, my job was to mirror my boss’ views and values in everything I did. Years later, I find that I am still striving to live up to the values Justice Ginsburg instilled in me, as both a lawyer and a spouse, says Burden Walker, an assistant U.S. attorney for the District of Maryland.

  • A Look At Ex-Coach's Amicus Brief In On-Field Prayer Case

    Ronald Katz

    Although retired Florida State University football coach Bobby Bowden's brief in Kennedy v. Bremerton urges the U.S. Supreme Court to reverse a Ninth Circuit decision banning prayer on the football field after games, the brief inadvertently lays out the problems of mixing religion and sport at a public school, says Ronald Katz of GCA Law Partners LLP.

  • New Mass. Law Would Make Enforcing Noncompetes Harder

    Bret Cohen

    Massachusetts recently passed comprehensive noncompete legislation, which will become effective on Oct. 1, 2018, assuming it is signed by Gov. Charlie Baker. The new law would place significant limitations on the scope of enforceable employee noncompetes, say Bret Cohen and Michael Steinberg of Nelson Mullins Riley & Scarborough LLP

  • Looking Forward To Oral Argument In BNSF V. Loos

    Christopher Collier

    In the coming term, the U.S. Supreme Court will hear oral argument in BNSF Railway v. Michael Loos and decide whether a railroad employer is required to withhold employment tax from work-related personal injury awards. The ruling will affect thousands of claims made by railway workers each year, say Christopher Collier and Michael Arndt at Hawkins Parnell Thackston & Young LLP.

  • Series

    Clerking For Ginsburg: 4 RBG Lessons On Having It All

    Rachel Wainer Apter

    Justice Ruth Bader Ginsburg is everything she is cracked up to be​ — f​eminist icon​, brilliant jurist​, fierce dissenter. She is also an incredible boss, mentor and friend.​ ​Her advice has shaped how I have tried to balance building a career and ​raising children, says Rachel Wainer Apter, counsel to the New Jersey attorney general.

  • Calif. Employer's Guide To Tracking Off-The-Clock Tasks

    Elizabeth Arnold

    The California Supreme Court's recent ruling in Troester v. Starbucks means that all work time may be considered compensable. Elizabeth Arnold and Chester Hanvey of Berkeley Research Group LLC describe how to conduct a time and motion observation study in the context of this decision.