Employment

  • May 25, 2017

    Drivers Seek To Revive Suit After Uber Admits To Underpaying

    An Uber driver who saw his proposed wage-and-hour class action tossed asked a New York federal judge on Thursday to reconsider the dismissal of a breach of contract claim in light of Uber’s recent admission it was mistakenly underpaying New York City drivers, saying his claims were "100 percent on the mark." 

  • May 25, 2017

    O'Hare Janitors Lose Class Cert. In FLSA Suit

    After two years of enjoying conditional class certification in their Fair Labor Standards Act case, a group of custodians at Chicago's O'Hare Airport have had their class decertified by an Illinois federal judge, as the court found the group to be too disparate to be considered a class.

  • May 25, 2017

    Pa. Justices Uphold Restrictions On Ex-Gaming Board Attys

    The Pennsylvania Supreme Court refused Thursday to overturn an ethics law preventing Pennsylvania Gaming Control Board attorneys from seeking or taking jobs with gaming outfits for two years after leaving the board, ruling that the mandate didn’t interfere with the court’s jurisdiction over attorneys because the rule applied to all employees, not just lawyers.

  • May 25, 2017

    2nd Circ. Grants En Banc Rehearing On Gay Bias Precedent

    The Second Circuit will reconsider as a full body its precedent that Title VII does not cover sexual orientation discrimination, granting en banc review Thursday to the estate of a gay skydiving instructor whose bias suit the court declined to revive in April.

  • May 25, 2017

    Some State Claims Tossed From TGI Friday's Wage Suit

    A New York federal judge on Thursday dismissed New Jersey, Connecticut and Michigan state claims in a proposed wage-and-hour collective action against TGI Friday's, finding the statutes the workers sued under do not support their claims.

  • May 25, 2017

    UFC Says Fighters Already Have Text Messages They Seek

    The UFC on Wednesday hit back at a request by mixed martial arts fighters to turn over text messages from cellphones used by owner Dana White in their lawsuit accusing the organization of illegally dominating the sport, saying the fighters are asking for information they already have.

  • May 25, 2017

    How They Won It: AALRR Heads Off Public Contract Torts

    To convince California’s top court not to allow tort claims based on alleged violations of labor law in disputes between rival public contract bidders, Atkinson Andelson Loya Ruud & Romo attorneys had to lay out the broad-ranging impact the decision could have, potentially affecting effectively all future public works projects in the state.

  • May 25, 2017

    EEOC Sues Education Tech Biz Over Trans Worker's Firing

    The U.S. Equal Employment Opportunity Commission sued an educational technology company in California federal court Wednesday for allegedly firing a transgender worker for accusing the company of discriminatory practices.

  • May 25, 2017

    5th Circ. Upholds Tax Preparer’s IRS Obstruction Conviction

    A Fifth Circuit panel upheld a Texas tax preparer’s conviction for obstructing the work of the Internal Revenue Service on Wednesday, rejecting her “narrow interpretation” of the law at issue but slightly loosening an order that she begin paying restitution while behind bars.

  • May 25, 2017

    High Court Asked To Consider Scope Of ADEA Damages

    A nurse supervisor who claims she was illegally fired by Anderson Regional Medical Center because of her age has asked the U.S. Supreme Court to consider whether individuals who bring retaliation claims under the Age Discrimination in Employment Act can pursue compensatory damages for pain and suffering or punitive damages.

  • May 25, 2017

    Cleary Gottlieb Beats Ex-Atty's Amended Race Bias Suit

    Cleary Gottlieb Steen & Hamilton LLP beat a former project attorney’s suit alleging he was let go because of his race when a Washington, D.C., federal judge found Wednesday that he had failed to show he performed as well as or better than white colleagues kept on after work slowed down.

  • May 25, 2017

    Ex-Chevron Contractor Can't Use, Share Permian Basin Docs

    Chevron USA Inc. won a temporary restraining order in Texas federal court on Wednesday barring an ex-contractor from using or sharing information in more than 8,000 confidential and proprietary documents related to its Permian Basin investments that the oil and gas giant says he stole.

  • May 25, 2017

    Baker McKenzie Snags Ex-Seyfarth Employment Litigator

    Baker McKenzie has picked up an experienced employment lawyer from Seyfarth Shaw LLP who specializes in class action defense, to help grow Baker McKenzie’s footprint in North America.

  • May 25, 2017

    Proskauer Atty Says Court Needs To Protect Mediation Docs

    A Proskauer Rose LLP partner suing the firm for gender discrimination doubled-down on her request that mediation services firm JAMS Inc. be ordered to preserve notes from a session in which a firm representative allegedly made a retaliatory threat Wednesday, saying it’s not clear whether JAMS will keep its word to do so voluntarily.

  • May 25, 2017

    VA Contracting Rule Illegally Cuts Jobs For Blind, Suit Says

    A trio of nonprofits that work to secure employment opportunities for the blind filed a lawsuit Wednesday against the U.S. Department of Veterans Affairs in D.C. federal court over a new rule it says will prioritize veteran-owned businesses in procurement over businesses employing blind people.

  • May 25, 2017

    Chrysler Beats Ex-Worker's Bias, Retaliation Suit

    A Michigan federal judge granted Fiat Chrysler an early win on Wednesday in a former worker’s wrongful termination and discrimination suit alleging the automaker improperly fired him when he complained he couldn’t physically perform his job duties, finding that the worker’s own performance led to his termination.

  • May 25, 2017

    New Orleans School's Handbook Policies Illegal: NLRB Judge

    A National Labor Relations Board judge on Wednesday struck several handbook policies covering teachers at a New Orleans charter high school, finding that rules that require them to voice gripes to management rather than colleagues and bar them from using social media during breaks, among others, violate labor law.

  • May 25, 2017

    $27M Verdict In Co-Founder Dispute Invalid, 9th Circ. Hears

    A health company co-founder embroiled in a bitter dispute with his former partner has told a California federal appeals court that a $27 million jury verdict against him is illegitimate after a federal judge entertained state claims simultaneously being heard by a state judge.

  • May 25, 2017

    2nd Circ. Unhappy With Judge's Refusal To Open Trump Docs

    A Second Circuit panel looked uncomfortable Thursday with a Manhattan trial judge's refusal to unseal 1998 settlement papers from a labor class action, documents Time magazine says could shed light on whether President Donald Trump knew he used undocumented labor to build Trump Tower in 1980.

  • May 25, 2017

    Michigan Law Correctly Applied In Stryker Noncompete Suit

    A Sixth Circuit panel on Wednesday said a lower court properly ruled in favor of Stryker Corp. when a jury found a former salesman for the company violated noncompete and confidentiality agreements and misappropriated trade secrets, saying the court correctly applied Michigan rather than Louisiana law.

Expert Analysis

  • UK Internal Investigations Are Taking An Ungainly Turn

    Matthew Herrington

    The London High Court's decision in Serious Fraud Office v. Eurasian Natural Resources Corporation has a lot to say on the vitality of legal professional privilege and the conduct of internal investigations in the U.K., but its flawed logic and lack of pragmatism feel like the latest installment in SFO Director David Green's pushback against U.S.-style investigation procedures, say Matthew Herrington and Tom Best of Steptoe & Johnson LLP.

  • Fiduciary Rule Comments: Some Conflict, Lots Of Interest

    Susan Krawczyk

    During the second comment period for the U.S. Department of Labor’s fiduciary rule, more than 130 letters were filed by firms, trade groups, coalitions, think tanks and other thought leaders, and even more were filed by individuals. Susan Krawczyk of Eversheds Sutherland summarizes the comments and offers observations.

  • Attorneys, Your Input Is Needed On Deposition Rule

    Frank Silvestri, Jr.

    Every lawyer who’s handled a civil case in federal court knows about Rule 30(b)(6), governing deposition procedures. But for many real-world deposition dilemmas, the rule offers little guidance. Last year, an Advisory Committee on Civil Rules subcommittee began considering whether the rule should be amended. Now attorneys must advise the subcommittee how to proceed, says Frank Silvestri Jr. of Verrill Dana LLP.

  • What Lawyers Can Learn From United's Passenger Incident

    Peter Shaplen

    Following United Airlines' disastrous response to its recent mishandling of a passenger, the change to note is simply this: While there was always pressure to mount a quick legal response and communicate it, the time frame for this has been reduced to nanoseconds, say Peter Shaplen and Traci Stuart of Blattel Communications.

  • Why Hively Offers Limited Protection To LGBT Employees

    Phillis Rambsy

    Does discrimination based on gender include sexual orientation? With its decision in Hively v. Ivy Tech Community College, the Seventh Circuit recently said yes. But this answer won’t help everyone, says Phillis Rambsy of the Spiggle Law Firm.

  • The Supreme Court Puts Personal Jurisdiction On Trial

    Leslie Brueckner

    Personal jurisdiction is a popular corporate defense strategy against mass torts. And based on oral arguments before the U.S. Supreme Court last month in two important cases, the outlook seems bleak for plaintiffs looking for the right forum in which to seek a remedy, say Leslie Brueckner of Public Justice and Andre Mura of Gibbs Law Group.

  • Workplace Marijuana Accommodations: The Road Ahead

    Ruth Rauls

    As the number of states legalizing marijuana use continues to grow, the federal government maintains — and indeed perhaps may soon begin to strengthen — its stance of illegality. Therefore, employers will continue to face more issues and uncertainties, say Ruth Rauls and Jason Ross of Saul Ewing LLP.

  • How Client Feedback Programs Benefit Law Firms And Clients

    Elizabeth Duffy

    Despite an increase in engagement with client feedback programs over the last 15 years, law firms — and their clients — have a way to go before realizing the maximum benefits such programs can deliver, says Elizabeth Duffy of Acritas US Inc.

  • Uber May Have Met Its Waterloo In Europe

    Thomas Dickerson.jpeg

    Recent developments in Europe suggest that Uber’s business model — built on its claims that it is a digital platform between consumer and driver, not a transportation company, and that its workers are merely independent contractors, not employees governed by local labor laws — may be approaching collapse on the continent sooner than anticipated, says Thomas Dickerson of Herzfeld & Rubin PC.

  • Calif. High Court (Mostly) Clarifies Rest Day Rules

    Robin Largent

    While the California Supreme Court's recent opinion in Mendoza v. Nordstrom clarified some issues relating to California's day of rest requirements, it also left an important question unanswered, says Robin Largent of Carothers DiSante & Freudenberger LLP.