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Employment

  • January 16, 2019

    Amazon Shoots Back At Bias Allegations Over Job Ads

    Amazon.com Inc. further urged a California federal court Wednesday to let it escape a suit accusing it of illegally blocking a proposed nationwide class of older workers from seeing Facebook job ads, arguing both that the suit's claims fall short and that the court doesn't have jurisdiction to hear them.

  • January 16, 2019

    Oracle Can’t Toss Race, Sex Bias Case Over ALJs

    Oracle America must continue fighting a race and sex bias suit brought by the U.S. Department of Labor federal contracts watchdog after an agency administrative law judge rejected its claim that he and his colleagues were not validly appointed under a recent U.S. Supreme Court ruling.

  • January 16, 2019

    McNair Gets New Trial In NCAA Defamation Suit

    A California state judge Wednesday granted Todd McNair a new trial in his defamation case against the NCAA, saying an interview the organization built its defense around was mischaracterized and the lead juror should have been disqualified for a conflict of interest.

  • January 16, 2019

    Coaches' Pay Likely To Dodge New Tax Unless Congress Acts

    Action by Congress would be needed to subject public universities and their top sports coaches to a new excise tax on top earners at nonprofits after recent guidance confirmed the tax may not apply to some of those institutions.

  • January 16, 2019

    Hernia Mesh Maker Can't Revive IP Suit Coverage Bid

    The Third Circuit on Wednesday affirmed that a Chubb Ltd. insurer doesn’t have to cover Tela Bio Inc.’s costs to defend against a trade secrets and unfair competition lawsuit brought by rival LifeCell Corp. over a hernia treatment product, agreeing with a lower court that the underlying action doesn’t contain any potentially covered defamation claims.

  • January 16, 2019

    NFL Concussion Firms Awarded Another $9.4M In Fees, Costs

    The Pennsylvania federal judge overseeing the NFL concussion settlement on Wednesday distributed $9.4 million in attorneys' fees and costs to plaintiffs firms who worked on the administration of the settlement last year, with more than $8 million going to lead class firm Seeger Weiss.

  • January 16, 2019

    FCA Is Unconstitutional, Hospital Giant Tells Supreme Court

    Whistleblower provisions of the False Claims Act are unconstitutional because they deputize private citizens with powers afforded to government officers, hospital giant Intermountain Healthcare told the U.S. Supreme Court.

  • January 16, 2019

    McDermott Nabs Ex-Vedder Price Employment Pro In Chicago

    McDermott Will & Emery LLP has bolstered its employment group in Chicago with the addition of a former Vedder Price PC attorney experienced in helping companies navigate class actions, including wage-and-hour cases.

  • January 16, 2019

    Virgin America Flight Attendants Win $77M In Wage Suit

    A California federal judge awarded $77 million to a class of flight attendants Wednesday after earlier finding that Virgin America Inc. failed to pay for hours worked and shorted their overtime pay, reducing the workers' requested payout by $8 million.

  • January 16, 2019

    FCA Suit Alleging Retaliation Against Ex-Underwriter Tossed

    A Missouri federal court on Tuesday dismissed a False Claims Act suit against a commercial real estate lender company that is accused of terminating an underwriter who alerted the company to misrepresented Housing and Urban Development loan submissions, finding that the former employee’s complaints played no part in the decision to fire him.

  • January 16, 2019

    Epstein Becker Green Adds Ex-Littler Board Member

    Epstein Becker Green has wooed former Littler Mendelson PC board member Jimmy Oh over to its Chicago office, where he'll work as a member of its employment, labor and workforce management practice, the firm announced Wednesday.

  • January 16, 2019

    Ex-NFL Player's Bid For Injury Benefits Denied By Fla. Judge

    Former NFL defensive lineman Darren Mickell’s yearslong suit against the league’s retirement plan hit a brick wall on Tuesday, after a Florida federal court denied his bid to overturn the plan’s decision that he didn’t qualify for certain disability benefits.

  • January 16, 2019

    Dems Float $15 Federal Minimum Wage

    Congressional Democrats on Wednesday unveiled a plan to raise the federal minimum wage to $15 by 2024 while providing for subsequent increases tied to national wage growth and phasing out subminimum wages for youth and tipped workers and people with disabilities.

  • January 16, 2019

    UPMC Can Recoup E-Discovery Costs In FLSA Case: 3rd Circ.

    The Third Circuit has agreed that four former workers who brought a failed Fair Labor Standards Act case against the University of Pittsburgh Medical Center should be forced to pay more than $300,000 in costs associated with electronic discovery in the litigation.

  • January 16, 2019

    1st Circ. Says Pharmacy Exec Can Bring FCA Retaliation Suit

    In a split decision that partially vacated a district court ruling, a First Circuit panel has said the former president of pharmacy chain Shields Health Solutions can bring a retaliation claim against the company under the False Claims Act after he was allegedly fired for accusing his employer of paying illegal kickbacks to a consultant.

  • January 15, 2019

    MLB Deal To Open Door For Cuban Players Is No Home Run

    A new deal between Major League Baseball and the Cuban Baseball Federation has the potential to open the floodgates for Cuban-born baseball players to play professionally in the U.S. without having to defect, but the regulatory changes that made the deal possible could be primed for a reversal.

  • January 15, 2019

    Transpo Worker Ruling A Rare Blow To Arbitration Pacts

    The U.S. Supreme Court's Tuesday ruling that transportation workers, regardless of whether they're employees or independent contractors, are exempt from the Federal Arbitration Act chipped at the shield some employers have long relied on to insulate themselves from legal attacks, experts say.

  • January 15, 2019

    FYE Managers Get Tentative OK In Misclassification Suit

    Store managers at Trans World Entertainment Corp.’s media retailer FYE who contend they were misclassified as exempt from time-and-a-half overtime requirements had their lawsuit conditionally certified as a collective action by an Albany federal judge on Tuesday.

  • January 15, 2019

    NY Lawmakers Pass Bill Banning Transgender Discrimination

    New York state lawmakers on Tuesday passed a bill to outlaw gender identity-based discrimination, bringing an end to a 16-year push to get the legislation on the governor’s desk.

  • January 15, 2019

    Drivers At Fault For Their Own Stalled Arbitrations, Uber Says

    Uber told a California federal judge on Monday that drivers requesting an order to force the ride-hailing company to cover the costs of their individual arbitrations over a classification dispute are impeding their own progress by seeking the order in federal court and refusing to pay their filing fees.

Expert Analysis

  • Opinion

    The Case For Lawyer-Directed Litigation Funding In NY: Part 1

    Peter Jarvis

    Contrary to what the New York City Bar Association concluded in an ethics opinion last year, lawyer-directed nonrecourse commercial litigation funding does not violate New York rules on sharing fees with nonlawyers, say Peter Jarvis and Trisha Thompson of Holland & Knight LLP.

  • Navigating DHS' Uncertain H-1B Overhaul

    Matthew Kolodziej

    Although the U.S. Department of Homeland Security's recently proposed changes to the H-1B visa lottery are intended to make the process quicker and easier, they appear unlikely to be finalized before the next H-1B cap application period begins, says Matthew Kolodziej of Jia Law Group.

  • How Employers Can Respond To ACA Penalty Letter From IRS

    Michael Morris

    An IRS Form Letter 226J payment demand signals a determination of failure to satisfy the Affordable Care Act's employer mandate. But careful examination of factors supporting the claim may reveal that the payment obligation is substantially overstated or perhaps not owed at all, says Michael Morris of Bressler Amery & Ross PC.

  • A Look Back And Ahead At Background Reports Under FCRA

    Matthew Simpson

    Since 2017, Fair Credit Reporting Act litigation has increased by 4 percent. As this rise continues, Matthew Simpson of Fisher Phillips examines some of the familiar trends these cases follow.

  • 7 Questions To Add To Your Lateral Partner Questionnaire

    Howard Rosenberg

    Law firms should redesign the vetting process for lateral candidates so it directly addresses sexual harassment and assault issues, says Howard Rosenberg of Decipher.

  • Top 10 Employer Resolutions For 2019

    Allegra Lawrence-Hardy

    As 2019 begins, many companies await answers to several pending employment law questions. Allegra Lawrence-Hardy and Bonnie Burke of Lawrence & Bundy LLC review the most pertinent issues employers should watch this year.

  • Q&A

    A Chat With Reed Smith Chief Marketing Officer Sadie Baron

    Sadie Baron

    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 Sadie Baron, chief marketing officer at Reed Smith LLP.

  • 'Flexible Work' Makes Freelancing More Viable In BigLaw

    Elizabeth Black

    The rise of remote work capabilities and advances in technology are making flexible, freelance legal work a more accessible career option for corporate attorneys, say Elizabeth Black and Sara Eng of InCloudCounsel.

  • Opinion

    Ending Arbitration Pacts For Harassment Claims Isn't Enough

    Tom Spiggle

    Several tech companies recently ended policies that forced arbitration for internal sexual harassment claims, but a closer look at these changes indicates there’s still a long way to go before workers are treated as fairly as possible, says Tom Spiggle of the Spiggle Law Firm.

  • A Small Step Toward 'Employee' Clarity For FCRA

    Cindy Hanson

    An Iowa federal court's recent decision in Smith v. Mutual of Omaha Insurance Company limits the Fair Credit Reporting Act requirements associated with a consumer report obtained for employment purposes to its logical statutory definition. Yet, companies hiring independent contractors are not entirely out of the woods, say attorneys with Troutman Sanders LLP.