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Employment

  • June 13, 2018

    No Action In Wedding Florist Case After Masterpiece Ruling

    The U.S. Supreme Court has refused to take any action in a pending case involving a Washington florist who refused to provide arrangements for a same-sex wedding that presents largely the same constitutional questions surrounding the First Amendment and LGBT rights that the court shied away from in its recent Masterpiece Cakeshop ruling.

  • June 13, 2018

    NCAA Changes Transfer Rules After Student Challenges

    The NCAA said Wednesday that Division I college athletes will be allowed to transfer to a different school and receive a scholarship without seeking permission from their current school, in a change to NCAA rules that have been the subject of student lawsuits.

  • June 13, 2018

    Ex-Athletes Say NCAA Playing Games With Witness Lists

    A group of former college athletes challenging the NCAA’s rules restricting their compensation told a California federal judge Tuesday they have not been allowed to depose four key witnesses before an upcoming trial.

  • June 13, 2018

    Fla. Jury Awards Deaf Costco Worker $775K In Disability Row

    A Florida federal jury has issued a $775,000 verdict against Costco for not providing adequate accommodations to a deaf employee, but found that the retailer didn’t discriminate or retaliate against the worker based on her disability when it fired her.

  • June 13, 2018

    Wash. Gov. Moves To Counteract High Court's Epic Ruling

    Washington Democratic Gov. Jay Inslee on Tuesday directed state agencies to whenever possible contract with businesses that do not require workers to submit to mandatory individual arbitration, following the U.S. Supreme Court’s landmark Epic Systems decision to bless employers’ use of employment agreements that bar workers from bringing class actions.

  • June 13, 2018

    Ill. Steel Maker Sued Over Biometric Employee Tracking

    A former employee at steel maker A. Finkl & Sons Co. hit the company with a proposed class action on Wednesday over its employee timekeeping system that uses handprints to track when workers begin and end their days.

  • June 13, 2018

    Fired Casino Worker's ADA Suit Tossed, FMLA Claims Survive

    A Pennsylvania federal judge has thrown out claims by a former casino employee that his firing violated the Americans with Disabilities Act and state law, but ruled that he can continue with claims that he was fired in retaliation for taking time off under the Family and Medical Leave Act.

  • June 13, 2018

    FAA Whistleblower Sparks Probe Of Noncompliant Planes

    The U.S. Office of Special Counsel revealed Wednesday that in response to a whistleblower report, the Federal Aviation Administration is checking the records of more than 11,000 aircraft that may be out of compliance with safety rules or improperly registered.

  • June 13, 2018

    Contract Claims Against Tobacco Co. Preempted, Judge Says

    U.S. Smokeless Tobacco Co. on Wednesday ducked claims from three former employees that it breached their union contract and intentionally caused them stress leading up to their termination after an Illinois federal judge said the Labor Management Relations Act preempts their claims.

  • June 13, 2018

    Nucor Steel Birmingham Can't Nix Race Discrimination Suit

    An Alabama federal judge on Wednesday refused Nucor Steel Birmingham Inc.’s bid to toss a suit from an African-American man who alleged Caucasian employees were treated better and that he was retaliated against after he filed a discrimination charge with the U.S. Equal Employment Opportunity Commission.

  • June 13, 2018

    TruPoint Gets Ex-Teller's Age Discrimination Suit Tossed

    A Virginia federal judge on Tuesday axed a former teller's age discrimination suit against TruPoint Bank, ruling that the woman didn't provide enough evidence that her age was a factor when the bank changed her duties and position.

  • June 13, 2018

    Utes Push Judge To Pause Tribal Court Jurisdiction Ruling

    The Ute Indian Tribe again urged a Utah federal judge Tuesday to stay his ruling that the tribe's contract dispute with an ex-employee must be heard in state court rather than tribal court, saying the tribe is likely to win its Tenth Circuit appeal claiming the judge exceeded his authority with the ruling.

  • June 13, 2018

    Fracking Equipment Co. Says Ex-Manager Solicited Worker

    AWC Frac Valves Inc., a company based in Conroe, Texas, that makes equipment used in hydraulic fracturing operations, has filed a lawsuit in state district court in Houston against a former manager, alleging that he went to work for a competitor and violated an employment agreement by soliciting an AWC employee.

  • June 13, 2018

    Sens. Slam US Courts' Action Plan On Sexual Harassment

    U.S. senators on Wednesday criticized efforts by the federal courts to address sexual harassment and other workplace misconduct by judges, calling a report on the topic released by the administrative body of the federal court system "exceedingly vague" and insufficient.

  • June 12, 2018

    Guess Exec Resigns After Glaser Weil's Misconduct Inquiry

    Guess? Inc. has announced that co-founder Paul Marciano has resigned as executive chairman of the lifestyle brand after Glaser Weil LLP found he exercised “poor judgment” when communicating with models and photographers, adding that he and the company agreed to settle five individuals’ allegations of inappropriate conduct for $500,000.

  • June 12, 2018

    SuperValu Fights Quick Win Bid On Medicare, Medicaid Claims

    Retailers led by SuperValu Inc. blasted whistleblowers' attempted quick win on certain Medicare and Medicaid allegations concerning alleged overbilling of the federal government for medication, arguing that Seventh Circuit precedent does not say the government should have gotten the discounted prices the companies offered cash customers.

  • June 12, 2018

    Rams Must Pay Reggie Bush $12.5M For Injury, Jury Finds

    A Missouri state jury awarded NFL running back Reggie Bush $12.45 million in damages from the Los Angeles Rams on Tuesday for a knee injury he suffered during a game in St. Louis in 2015, the St. Louis Post-Dispatch reported.

  • June 12, 2018

    Boies Schiller Atty Sues FBI, DOJ Over McCabe Doc Requests

    One of Andrew McCabe’s attorneys at Boies Schiller Flexner LLP on Tuesday sued the FBI and the U.S. Department of Justice for allegedly holding out on a Freedom of Information Act request the lawyer says is essential for protecting and advancing the fired FBI deputy director’s legal interests.

  • June 12, 2018

    Ex-Cowboys Cheerleader Files FLSA, Equal Pay Class Action

    A former Dallas Cowboys cheerleader filed a putative class action in Texas federal court Tuesday, alleging the NFL team violated the Fair Labor Standards Act and the Equal Pay Act by failing to pay proper overtime and for paying her less than "Rowdy," the team mascot, who is male.

  • June 12, 2018

    Arbitration Pact Named Parent, Not Tech's Co., 4th Circ. Says

    A telecom services technician can pursue a proposed wage-and-hour class action even though he signed an arbitration agreement that included a class waiver provision since the document names only the employer’s parent company as a party, the Fourth Circuit ruled Tuesday.

Expert Analysis

  • Legal Risks For Consumer Products Cos. In 2018: Part 2

    Erin Bosman

    A recent survey of companies in the consumer products space reveals caseloads and issues of concern, the growing influence of the Federal Trade Commission, and trends in corporate legal departments’ budgeting, say Erin Bosman and Julie Park of Morrison & Foerster LLP.

  • Negligent Hiring And Supervision Can Be An 'Accident'

    Tyler Gerking

    The California Supreme Court's decision in Liberty v. Ledesma strengthens insureds' rights to coverage under general liability policies and establishes that they are entitled to a defense where the injury alleged was unintended and unforeseen from the insured's perspective, say Tyler Gerking and David Hofmayer of Farella Braun & Martel LLP.

  • New Calif. 'National Origin' Rules Stray From Federal Policy

    Thea Rogers

    The recent approval of new amendments to the California Fair Employment and Housing Act by the state's Office of Administrative Law broadens and bolsters the protections the state affords to noncitizens. But it also directly clashes with President Donald Trump's executive orders on immigration, says Thea Rogers of Elkins Kalt Weintraub Reuben Gartside LLP.

  • Series

    Masterpiece Cakeshop: Employment Law Considerations

    Kara Ariail

    The U.S. Supreme Court's decision Monday in Masterpiece Cakeshop v. Colorado Civil Rights Commission provides little practical guidance for employees and employers navigating the balance between accommodating religious beliefs and preventing discrimination. Nevertheless, employers should note three likely outcomes that have the potential to impact workplace discrimination claims, says Kara Ariail of Holland & Knight LLP.

  • Legal Risks For Consumer Products Cos. In 2018: Part 1

    Erin Bosman

    Running a successful consumer products company has never been easy. Rapidly evolving technologies, an uncertain economy and changing government regulations appear primed to complicate the already challenging task of navigating legal issues, say Erin Bosman and Julie Park of Morrison & Foerster LLP.

  • UK Employment Law Risks In Cross-Border M&A

    Richard Moore

    U.K. employment law has developed in myriad ways and continues to do so. The acquisition of U.K.-based companies or assets will therefore often give rise to employment law considerations that are unfamiliar to U.S. buyers, says Richard Moore of Lewis Silkin LLP.

  • Impediments To Legal Industry's 'Inevitable' Future: Part 1

    Craig Levinson

    Legal pundits continue to make predictions that newer entrants into the industry — NewLaw firms, the Big Four and alternative legal service providers — will progressively seize greater amounts of market share from traditional law firms. But the BigLaw response has been underwhelming at best, and a glimpse at the market forces puts its lack of urgency into perspective, says Craig Levinson, founder of Levity Partners.

  • ADA Burden-Of-Proof Answers From 9th Circ.

    Joanne Alnajjar Buser

    In Snapp v. Burlington Northern Santa Fe Railway, the Ninth Circuit recently clarified that an employer’s summary judgment burden to show the unavailability of an employee accommodation under the Americans with Disabilities Act does not apply at trial. Rather, the employee still bears the ultimate burden of proving the existence of a reasonable accommodation, say attorneys at Paul Plevin Sullivan & Connaughton LLP.

  • Series

    Masterpiece Cakeshop: Core Questions Left For Another Day

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    In its majority opinion Monday in Masterpiece Cakeshop v. Colorado Civil Rights Commission, the U.S. Supreme Court did not attempt to decide between free exercise of religion and speech or civil rights for gay Americans. Instead, it decided the case on grounds that are so narrow and case-specific that they are hardly useful as precedent, says Christina Crozier of Haynes and Boone LLP.

  • How Kentucky Changed Its Nearly 100-Year-Old Tax Structure

    Mark Sommer

    Kentucky’s 2018 regular session of the General Assembly brought sweeping changes to an overall tax structure that had been largely untouched over the last century, Mark Sommer and Rowan Reid of Frost Brown Todd LLC discuss what changed and what stayed the same.