Employment

  • October 17, 2017

    DOJ Says Suit Over Transgender Military Ban Is 'Premature'

    A lawsuit challenging President Donald Trump’s plan to ban transgender people from serving in the military is “premature several times over,” the U.S. Department of Justice told a Washington federal court on Monday, saying the policy has yet to take effect and thus no injury can be shown.

  • October 17, 2017

    Immigration Cop Wants To Quadruple Workplace Enforcement

    The acting director of U.S. Immigration and Customs Enforcement said Tuesday he has given instructions to ramp up immigration enforcement at workplaces by four to five times current levels, reversing a slowdown that took place toward the end of President Barack Obama’s tenure.

  • October 17, 2017

    AT&T Gets Initial OK On $2.8M Wage Deal With Managers

    A California federal judge has preliminarily approved a $2.75 million settlement between AT&T and a class of corporate training managers alleging the telecom giant misclassified them as exempt employees and failed to pay them overtime in violation of the Fair Labor Standards Act.

  • October 17, 2017

    Allstate Says Ex-Agent Is Using Its Data To Steal Business

    Allstate sued a former agent in Massachusetts federal court Monday, saying that he has breached a one-year noncompete clause and is using Allstate trade secrets and phone numbers to compete against the insurer.

  • October 17, 2017

    Bipartisan ACA Deal Would Renew Subsidies, Add Flexibility

    The leaders of a key Senate panel have struck a deal intent on restoring cost-sharing reduction payments and offering states more flexibility under the Affordable Care Act’s insurance rules as part of a bid to prop up the individual markets over the next two years.

  • October 17, 2017

    DOL Sues Mass. Restaurant Over Workers’ Pay

    A Massachusetts restaurant knowingly failed to pay three workers minimum wage and neglected to pay 14 workers proper overtime compensation, U.S. Department of Labor Secretary R. Alexander Acosta claimed in a suit filed Monday in Massachusetts federal court.

  • October 17, 2017

    United Airlines Tells 9th Circ. Pay-Stub Suit Was Rightly Axed

    United Airlines Inc. has asked the Ninth Circuit not to revive a class action brought by flight attendants claiming the airline did not provide accurate wage statements, insisting that the suit's California Labor Code claim cannot fly because most of the flight attendants worked outside of the Golden State.

  • October 17, 2017

    Pa. Justices Consider Awarding Fees In Departed Atty Suit

    Members of Pennsylvania’s highest court hearing a dispute between Meyer Darragh Buckler Bebenek & Eck PLLC and Malone Middleman PC suggested Tuesday that principles of equity warranted allowing an unjust enrichment claim over fees from a case an attorney took with him as he jumped from one firm to the other.

  • October 17, 2017

    CenterPoint Must Face Black Female Worker's Bias Suit

    CenterPoint Energy Inc.'s bid to escape a suit alleging it fired a black woman because of her race and sex was denied Monday by a Mississippi federal judge, who said it’s unclear whether the technician filed a false report, which was the company's stated reason for her dismissal. 

  • October 17, 2017

    High Court Cancels Leidos Arguments In Wake Of Settlement

    The U.S. Supreme Court granted a request on Tuesday by Leidos Inc. and a group of investors in the company to cancel next month's hotly anticipated oral arguments so the parties can finalize a settlement and submit it to a lower court for approval.

  • October 17, 2017

    9th Circ. Backs NLRB In Arbitration Deferral Case

    The Ninth Circuit on Tuesday ruled that the National Labor Relations Board was right to defer to an arbitration award that found a utility worker was lawfully fired, in a case in which the labor board updated its standard for deferring to arbitration decisions in the future.

  • October 16, 2017

    BuzzFeed Sues DOJ For Names In Ex-US Atty's Office Affair

    BuzzFeed hit the U.S. Department of Justice with a Freedom of Information Act complaint in New York federal court Monday, urging the government agency to reveal the names of the former U.S. attorney and a subordinate who were involved in an affair.

  • October 16, 2017

    Self-Effacing Judge Asks For Road Map In UnitedHealth Trial

    A California federal magistrate judge overseeing claims that UnitedHealth Group improperly denied coverage for mental health and substance abuse treatment told class members at the start of their bench trial Monday that he’s “just some dumb judge” who would need expert testimony on coverage guidelines to give him “a road map” for their case.

  • October 16, 2017

    Union Lobs Counterclaims In Ezekiel Elliott Suspension Row

    The NFL players union won’t wait for the Fifth Circuit to rectify the “procedural limbo” it said the appeals court left it in to try to free Dallas Cowboys running back Ezekiel Elliott from a six-game suspension, urging the New York federal judge overseeing the NFL’s adjoining suit to grant it an emergency order blocking his suspension Monday.

  • October 16, 2017

    Dean Foods Gets TRO Blocking Ex-Exec From Rival Dairy

    A Texas state judge on Friday granted Dean Foods Co. a temporary restraining order blocking its former vice president of operations from working for a rival dairy company, after Dean Foods alleged the former executive was likely to disclose trade secrets and contact former customers in violation of employment agreements.

  • October 16, 2017

    HCA Healthcare Must Face Calif. Doctor’s Retaliation Suit

    A California appellate panel on Friday greenlighted a suit accusing an HCA Healthcare hospital of terminating a doctor’s contract because he refused to discharge patients early, saying the case was not subject to California's law barring lawsuits that infringe free speech rights.

  • October 16, 2017

    High Court Rejects Trio Of Employment Cases

    The U.S. Supreme Court on Monday rejected three separate petitions that raised employment law questions, including whether claims brought under California’s Private Attorneys General Act can be waived in employment arbitration deals and how courts should assess certain claims under the Family and Medical Leave Act.

  • October 16, 2017

    Waymo Denied Access To Uber Self-Driving Source Code

    Waymo LLC can't get its hands on Uber's self-driving vehicle source code, a California federal magistrate judge said Monday, calling Waymo's attempt "profoundly overbroad" and lacking sufficient cause.

  • October 16, 2017

    Leidos Settles Fraud Suit Ahead Of High Court Arguments

    Government contractor Leidos Inc. and a proposed class of investors who accused it of fraud have settled their proposed class action just a month before they were set to argue before the U.S. Supreme Court about a Second Circuit decision that brought the plaintiffs' case back to life.

  • October 16, 2017

    Mortgage Underwriters OT-Exempt, Trade Groups Tell Justices

    The U.S. Chamber of Commerce, the American Bankers Association and other amici on Friday urged the U.S. Supreme Court to reject a Ninth Circuit decision finding mortgage underwriters were entitled to overtime, saying the conclusion departs from the long-standing application of U.S. Department of Labor rules.

Expert Analysis

  • Opinion

    Time To Lift Student Loan Counseling Restrictions

    Christopher Chapman

    While it lends more than $100 million each year to our nation’s college students — including law students — the U.S. Department of Education surprisingly limits loan counseling to one-time entrance counseling for first-time student borrowers. Is this rational? asks Christopher Chapman, president of AccessLex Institute, a nonprofit focused on access to legal education.

  • The New Wave Of Employee Biometrics Class Actions

    Steven Pearlman

    At least 26 employment class actions alleging violations of the Illinois Biometric Information Privacy Act have been filed in Illinois state court from July to October 2017. Attorneys with Proskauer Rose LLP discuss employers’ obligations under BIPA, the substantial damages the statute enables employees to recover on a classwide basis, and potential defenses that employer-defendants are likely developing.

  • New Jersey Whistleblower Protections: More Than Skin-Deep

    Matthew Stiff

    The Third Circuit recently reiterated its expansive interpretation of New Jersey state whistleblower protections when it revived a patent lawyer’s lawsuit against his former employer. Steven Trzaska’s victory should provide whistleblowers with greater assurance that they can investigate and oppose employer misconduct without fear of retaliation, says Matthew Stiff of Katz Marshall & Banks LLP.

  • 4 Ways To Stay Ahead Of Overtime Issues

    Todd Shadle

    As was demonstrated by the Seventh Circuit's recent decision in Allen v. City of Chicago, in order to decrease exposure to Fair Labor Standards Act violations it is important for employers to have overtime and overtime-reporting policies in place, as well as training on those policies and measures to ensure that they are being followed, says Todd Shadle of Godwin Bowman & Martinez PC.

  • Trump's Immigration Priorities: What Employers Should Know

    Elizabeth Espín Stern

    Three immigration policy objectives recently announced by the Trump administration align with earlier White House pronouncements, including the “Buy American, Hire American” executive order. However, two aspects of these policy objectives merit close evaluation by employers, say Elizabeth Espín Stern and Paul Virtue of Mayer Brown LLP.

  • Why Uber Drivers' On-Call Waiting Time May Be Compensable

    Thomas Dickerson

    A federal judge in Pennsylvania recently ruled that Uber drivers are "tethered to their phones while online," and that such "on-call" time may be compensable under federal law. The judge’s analysis is instructive on the issue of whether Uber drivers are employees or independent contractors, says retired New York State Supreme Court Associate Justice Thomas Dickerson.

  • Adapting To Equal Pay Laws In Flux

    Charles Thompson

    New legislation aimed at closing the pay gap between men and women may undo business practices that, even if benevolently motivated, result in disparate pay. Despite this laudable objective, these laws create a litany of challenges for employers and may necessitate a wholesale revision of policies and practices related to employee compensation, says Charles Thompson of Polsinelli.

  • Evaluating 'Loser Pays' Clauses In Arbitration Agreements

    Brian Laliberte

    Several recent judicial decisions have considered the validity of “loser pays” and cost-shifting clauses in arbitration agreements. The most compelling arguments have invoked unconscionability and overriding public policy considerations, but even where courts have rejected those arguments, their decisions reveal how to successfully attack such clauses, says Brian Laliberte of Tucker Ellis LLP.

  • Why You Should Consider Hyperlinking Your Next Brief

    Christine Falcicchio

    The shift to electronic filing has somewhat eased the task of reviewing briefs and their supporting files. An e-brief takes e-filing to the next level, says Christine Falcicchio, a principal at Strut Legal Inc.

  • Preparing For NYC's New Salary History Law

    Michael Albano

    Recent guidance from the New York City Commission on Human Rights clarifies several aspects of the city's new salary history law that takes effect this month, including its application in the context of corporate acquisitions, say attorneys with Cleary Gottlieb Steen & Hamilton LLP.