Employment

  • February 21, 2018

    Birth Defect Suit Against Motorla Revived By Ill. Panel

    An Illinois state appeals court on Tuesday revived a suit accusing Motorola Solutions Inc. of exposing workers in Arizona and Texas to toxic substances that purportedly caused their children’s birth defects and other health problems, saying the claims were properly alleged at this stage of the case.

  • February 21, 2018

    11th Circ. Revives Car Auction Co. Equal Pay Suit

    A woman who claimed auto auction company Manheim Remarketing paid her less because of her gender had her suit against the company revived by the Eleventh Circuit on Wednesday, with the court saying the case was not clear-cut and that a jury may have taken her side.

  • February 21, 2018

    LA-Based Ogletree Shareholder Sued For Sexual Harassment

    Less than six weeks after being hit with a $300 million gender discrimination class action, labor and employment law firm Ogletree Deakins Nash Smoak & Stewart PC was accused Wednesday in a California state suit of allowing one of its Los Angeles shareholders to sexually harass a married, gay, Latino attorney.

  • February 21, 2018

    Staffing Agency Row Needs Remedy Fix, 8th Circ. Tells NLRB

    The Eighth Circuit ruled Wednesday that the National Labor Relations Board had enough evidence to hold that staffing agency Aerotek Inc. flouted labor law by not hiring or considering for hire four union members, but that it needed to “refashion” its proposed remedy for one of those members.

  • February 21, 2018

    Electric Car Co. Says Rival Must Arbitrate Trade Secret Spat

    Evelozcity Inc. urged a California federal court Tuesday to force rival electric vehicle company Faraday & Future Inc. to arbitrate its allegations that Faraday’s ex-CEO poached employees who exited with intellectual property, saying Faraday has “restyled” a breach of contract claim into trade-secret litigation against his new company.

  • February 21, 2018

    NY Ramen Joint Settles National Origin Discrimination Claim

    A Manhattan ramen restaurant settled with the federal government over claims that it unlawfully discriminated against a job applicant on the basis that he was not Korean or Japanese, the U.S. Department of Justice announced Wednesday.

  • February 21, 2018

    1st Circ. Affirms Fidelity's Win In Workers' ERISA Suit

    A First Circuit panel on Wednesday upheld a Massachusetts federal judge’s decision to grant Fidelity Management Trust Company an early win in a proposed class action that accused the company of violating Employee Retirement Income Security Act duties by mismanaging an employee benefit pension fund, saying the workers’ arguments make “little sense.”

  • February 21, 2018

    Morgan Lewis Report Says NPR Hired Ex-VP Despite 'Flags'

    Morgan Lewis & Bockius LLP released the results of its independent investigation Tuesday that revealed NPR management and its in-house legal team hired and retained NPR news executive Michael Oreskes despite multiple “flags” regarding his inappropriate behavior toward women.

  • February 21, 2018

    Ousted Host Says PBS Used Harassment As Pretext For Firing

    Nighttime talk show host Tavis Smiley accused PBS on Tuesday of using unsubstantiated workplace sexual harassment claims as a pretext for dropping his show from its lineup, saying in a Washington, D.C., lawsuit that the public broadcaster unfairly forced him out without a real investigation.

  • February 21, 2018

    Energy Firm Claims Boston Sales Rep. Stole 'Hot Prospects'

    A Connecticut-based energy consulting firm sued a former Boston sales associate who allegedly made off with handwritten lists of the company’s current clients and “hot prospects,” all so-called trade secrets, after his abrupt resignation last month.

  • February 21, 2018

    Meet The Forthright Judge Who Crushed A $350M FCA Verdict

    When a Florida federal judge nuked a $350 million False Claims Act verdict last month, the eye-popping reversal was announced in an opinion teeming with bare-knuckle prose — the sort of ruthless writing that has made the judge a local legal legend.

  • February 21, 2018

    Atty Suing Ogletree In $300M Bias Suit Moves To Buchalter

    Buchalter PC announced on Tuesday that the attorney who hit Ogletree Deakins Nash Smoak & Stewart PC with a $300 million gender bias class action has left that firm to join Buchalter’s labor and employment practice in its Orange County, California, office.

  • February 21, 2018

    Companies May Find High Court Whistleblower Ruling Costly

    A U.S. Supreme Court ruling Wednesday narrowing the scope of anti-retaliation protections for corporate whistleblowers could lead to a significant increase in the number of complaints filed directly with the U.S. Securities and Exchange Commission, a result companies may find costly, legal experts said.

  • February 21, 2018

    Dallas Mavs To Probe Harassment Claims Against Ex-CEO

    The Dallas Mavericks basketball team said Tuesday it has hired outside counsel to handle an investigation into widespread sexual harassment within its business operations allegedly perpetrated by former team president and CEO Terdema Ussery.

  • February 21, 2018

    DOD To Send Transgender Recommendations To White House

    Defense Secretary James Mattis will deliver his recommendations regarding the service of transgender troops in the military to President Donald Trump this week, but the U.S. Department of Defense has no plans to publicly release those recommendations, it said Wednesday.

  • February 21, 2018

    Suspended Doc Can’t Challenge Authority Of Ky. Med Board

    A Kentucky federal judge has tossed a doctor’s constitutional challenge to the authority of the state’s medical licensing board over his temporary suspension based on initial findings that he was “impaired” on the job.

  • February 21, 2018

    LinkedIn Can't Relate Data Spat To Craigslist Case, Co. Says

    Data company 3taps told a California federal court Tuesday that its suit seeking clearance to scrape data from LinkedIn’s public profiles should not be related to a previously decided matter involving Craigslist, saying its action should instead be related to another pending suit against the professional networking site.

  • February 21, 2018

    Ex-Casino Worker Says Harrah's Exec Can't Dodge Wage Suit

    A former employee at a pair of Harrah's casinos urged a North Carolina federal court on Tuesday to deny an executive's bid to assert tribal sovereign immunity and kill a proposed class action alleging staffers weren’t paid for all the time they worked.

  • February 21, 2018

    Mass. AG Says Parts Of Sick-Time Law Apply To Railroads

    The Massachusetts attorney general told a federal judge Tuesday that certain sections of a state law providing earned sick-time for employees aren’t preempted by the federal Railroad Unemployment Insurance Act and that enforcing them against railroads won’t interfere with interstate commerce.

  • February 21, 2018

    OT Suit Against Harris Teeter Supermarkets Stays Alive

    A North Carolina magistrate judge on Tuesday recommended nixing Harris Teeter LLC's bid to toss a Fair Labor Standards Act suit accusing the supermarket chain of failing to pay employees for driving to and from managers’ residences to deliver store keys before and after their shifts, saying such work deserved pay.

Expert Analysis

  • Google Bias Suit Presents Critical Juncture In Labor Law

    Eve Wagner

    Two ex-Google employees recently accused the company of singling out conservative white men and terminating their employment after they shared their political views with colleagues. The question for the trier of fact will be whether their speech is protected under California law or constituted discrimination or other wrongful conduct in violation of Google’s policies, says Eve Wagner of Sauer & Wagner LLP.

  • The Art Of The Litigation Funding Deal

    Julia Gewolb

    As litigation funding becomes more widespread, greater complexity and variability in funding deals are to be expected. All claimants should consider certain key questions on the economics of single-case funding when considering or comparing funding terms, says Julia Gewolb of Bentham IMF.

  • Inside New HHS Plan For Health Care Worker Protections

    Steven Collis

    The U.S. Department of Health and Human Services recently announced the creation of a new Conscience and Religious Freedom Division, as well as a proposed regulation to help achieve enhanced protections for health care employees. The move may empower more health care workers to express objections to performing or being involved with certain procedures or services, says Steven Collis of Holland & Hart LLP.

  • Power, Corruption And Lies: How Juries Are Responding

    Melissa Gomez

    The American public increasingly perceives that powerful people and institutions use their authority in selfish ways. And in the courtroom, jurors are homing in on where the power lies in a case story, and how that power is used. Those of us in litigation must heed the messages jurors are sending, says Melissa Gomez of MMG Jury Consulting LLC.

  • Smart Contracts Need Smart Corporate Lawyers

    Matthew O’Toole

    Given the operational and security risks involved, and the substantial digital asset values transacted, the rise of distributed ledger technology and smart contracts will create new opportunities and responsibilities for transactional lawyers, say attorneys with Potter Anderson Corroon LLP.

  • Tax-Exempt Organizations Face A New Excise Tax

    James Malone

    For tax-exempt organizations, the Tax Cuts and Jobs Act included a key change: There is now an excise tax applicable to exempt organizations on “excess” executive compensation, according to James Malone, leader of Post & Schell PC’s tax controversy practice.

  • Encouraging Broader Use Of Equal Pay Act At 4th Circ.

    Michael Abcarian

    Given Title VII’s easier burden of proof, it has largely supplanted the Equal Pay Act as the law of choice for litigating gender-based pay discrimination lawsuits. However, the Fourth Circuit’s recent decision in U.S. Equal Employment Opportunity Commission v. Maryland Insurance Administration could change this and usher in a new age of pay discrimination lawsuits, says Michael Abcarian of Fisher Phillips.

  • How To Fix Your Broken Client Teams

    Mike O'Horo

    Law firms claim they create client teams to improve service. Clients aren’t fooled, describing these initiatives as “thinly veiled sales campaigns.” Until firms and client teams begin to apply a number of principles consistently, they will continue to fail and further erode clients’ trust, says legal industry coach Mike O’Horo.

  • Omnicare Settlement: Outlier Or Beginning Of Broader Trend?

    Alexander Batoff

    The U.S. Department of Justice’s Immigrant and Employee Rights Section recently finalized a settlement involving an asylum discrimination claim against Omnicare. The case is a good reminder that employers should carefully consider including appropriate defense and indemnification language in contracts with third parties, says Alexander Batoff of Obermayer Rebmann Maxwell & Hippel LLP.

  • Prepare For DOJ's Criminal No-Poach Prosecutions

    Juan Arteaga

    Believing that the Trump administration would be more “business friendly,” many antitrust practitioners, human resources professionals and business executives assumed that the U.S. Department of Justice and Federal Trade Commission would simply not enforce the 2016 guidelines on no-poach and wage-fixing agreements. This assumption has proven to be incorrect, says Juan Arteaga of Crowell & Moring LLP.