Employment

  • August 16, 2017

    Goldman Sachs Is Biased Against Black Workers, Suit Says

    Goldman Sachs Group Inc. investment banker Rebecca Allen accused the firm Wednesday of maintaining a “segregationist culture,” alleging in a New York federal discrimination suit that a white partner took one of her clients because of her race and Jewish heritage.

  • August 16, 2017

    Statoil, Chief Counsel Get Ex-Exec's Sanction Bid Nixed

    A Texas federal judge on Wednesday rejected a bid from a former Statoil unit's chief technology officer to sanction the company and its chief counsel, one day after the ex-executive alleged there was an unethical agreement in place to pay a corporate representative $250 an hour for her “favorable” testimony.

  • August 16, 2017

    9th Circ. Frees Hilton From Employee Age Bias Suit

    The Ninth Circuit on Wednesday upheld Hilton Worldwide Inc.’s win against a former employee who alleged he was fired due to age discrimination, saying the hotel offered convincing evidence the termination was “for legitimate and non-discriminatory” reasons.

  • August 16, 2017

    Wells Fargo Board Changes Not Enough, Dem Lawmakers Say

    Democratic lawmakers on Wednesday blasted Wells Fargo & Co., saying that the replacement of the embattled bank’s chairman with a former Federal Reserve governor and other board changes do not go far enough.

  • August 16, 2017

    9th Circ. Asks Calif. Court For View On Apple Bag Checks

    A Ninth Circuit panel on Wednesday asked the California Supreme Court to weigh in on whether Apple Inc. must pay a certified class of store employees for time spent checking their personal bags, noting that several similar cases are pending in the state and federal courts.

  • August 16, 2017

    States, Unions Weigh In On High Court's Class Waiver Case

    States, unions and advocacy groups filed briefs Wednesday in a U.S. Supreme Court case that will decide whether employers can make workers give up their rights to take group legal action, urging the justices to agree with the National Labor Relations Board policy that federal labor law bars such deals.

  • August 16, 2017

    Software Co. Must Face Discrimination Suit, Judge Rules

    A Maryland federal judge on Wednesday refused to toss an employment discrimination suit against software company Cyberdata Technologies alleging unfair treatment of nonwhite workers, saying the complaint included sufficient allegations to support a plausible bias claim.

  • August 16, 2017

    FedEx Ground NY Drivers Seek Cert. In Misclassification Suit

    A group of FedEx Ground Package System Inc. delivery drivers in New York asked a federal judge Tuesday to certify their class action claiming the company shorted them on pay by misclassifying them as independent contractors, hoping to advance another high-profile dispute over the package delivery giant's employment relationship with drivers.

  • August 16, 2017

    Settlement Administrator Impeding Process, Ex-NFLers Say

    Sixteen former National Football League players on Tuesday accused the claims administrator overseeing the distribution of benefits from the multidistrict litigation over football-related brain injuries of missteps in its implementation of the 2015 settlement agreement, saying it was adding requirements that were not part of the initial deal.

  • August 16, 2017

    Firing Needlephobic Pharmacist Violates ADA, Justices Told

    The Second Circuit used an oversimplified test when judging whether the Americans with Disabilities Act protects a veteran Rite Aid Corp. pharmacist who was fired when he was suddenly required to give vaccinations even though he’s severely afraid of needles, the pharmacist told the U.S. Supreme Court.

  • August 16, 2017

    Papa John's Drivers Win Class Cert. In FLSA Suit

    A South Carolina federal judge on Tuesday awarded conditional certification to a group of delivery drivers from 21 Papa John's franchises in North and South Carolina, approving a joint motion to pursue a settlement made by the franchisee and the class members in the Fair Labor Standards Act collective action.

  • August 16, 2017

    Lyft Misleads Drivers On Pay Calculation Method, Suit Says

    Lyft Inc. was slapped with a class action Tuesday in New Jersey federal court alleging the ride-hailing service pays drivers less than what they are owed under the calculation method stated in the terms of drivers' contracts.

  • August 16, 2017

    Waymo Denied Uber Board Member Depositions

    Alphabet Inc.’s self-driving car unit Waymo LLC can’t depose two Uber Technologies Inc. board members who apparently lack meaningful information about allegations that the ride-sharing company stole self-driving car secrets, a California magistrate judge said Tuesday.

  • August 16, 2017

    Trump Disbands Deteriorating CEO Advisory Councils

    President Donald Trump disbanded two of his advisory councils on Wednesday as CEOs rapidly abandoned them in response to Trump’s refusal to exclusively blame white supremacists for a fatal rally they held in Charlottesville, Virginia, over the weekend.

  • August 15, 2017

    White Male Atty Suffered No Disparate Impact, Judge Finds

    A month after an Illinois federal jury found that the Cook County Public Defender’s Office did not discriminate against a white male attorney in the promotions process, the judge in the case ruled Monday that the man had suffered no disparate impact.

  • August 15, 2017

    3rd Circ. Divides Stryker Poaching Suit Between Calif., NJ

    The Third Circuit ruled Tuesday that a New Jersey-based Stryker Corp. unit's claims that its former sales representatives improperly solicited the company's clients in California to benefit its competitors must be litigated separately between the two states under a new framework for cases where forum selection clauses only apply to certain parties.

  • August 15, 2017

    7th Circ. Declines To Limit EEOC’s Investigative Power

    The Seventh Circuit ruled Tuesday that the termination of a private lawsuit against Union Pacific Railroad Co. didn't bar the U.S. Equal Employment Opportunity Commission from investigating the allegations, finding the EEOC was the “master of its case” and could separately ensure the complaint wasn’t indicative of companywide discrimination.

  • August 15, 2017

    How To Handle Workforce Hate After Charlottesville

    The violent clashes in Virginia last weekend has led to calls for employers to fire workers who showed their faces in support of white supremacy, but terminating employees — even Nazis — can land a business in legal hot water if not done carefully. Here are four factors employers ought to be aware of when deciding whether to fire a worker they think has gone too far.

  • August 15, 2017

    Paper Giant Gets Initial OK On $8.5M Wage-Hour Class Deal

    A California judge on Tuesday granted preliminary approval to Rock-Tenn Co.’s $8.5 million deal to resolve class action claims the paper and packaging giant deprived more than 800 Golden State factory workers of proper breaks, wages and overtime.

  • August 15, 2017

    Ex-Chadbourne Attys Counter Push To Strike Latest Complaint

    Counsel for female lawyers suing Chadbourne & Parke LLP for gender discrimination urged a New York federal judge on Monday to reject the defendants’ push to strike their latest complaint, saying that new revisions are predominantly updates stemming from the firm’s acquisition by Norton Rose Fulbright.

Expert Analysis

  • Escobar Provides New Grounds For Seeking Gov't Discovery

    Ethan Posner

    The U.S. Supreme Court’s decision last year in Escobar should alter the way the government, defendants and courts approach discovery into the government’s knowledge and deliberations in False Claims Act cases, say Ethan Posner and Noam Kutler of Covington & Burling LLP.

  • Labor Law Changes Leave Employers In Limbo

    Shira Yoshor

    Over the last 12 months lawyers who advise companies in advance of changes in employment law may have begun to feel some unease. Even those who have been practicing for years have been at a loss as to how to predict what may be coming next, especially with respect to overtime, joint employment, the persuader rule and tip pooling — just to name a few issues, says Shira Yoshor of Greenberg Traurig LLP.

  • Opinion

    It's Time To Improve Voir Dire In Federal Court

    Lisa Blue

    During the jury selection process, many times parties submit proposed voir dire questions, but the court ultimately chooses the questions to be asked and does all of the questioning of the jury panel. While this approach is judicially efficient, rarely do we learn anything meaningful from the panel members, say Lisa Blue of Baron and Blue and Robert Hirschhorn of Cathy E. Bennett & Associates.

  • Series

    Notes From A Law Firm Chief Privacy Officer: Insider Risks

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    As law firms hold sensitive information not only related to the firm but to the firm’s clients, an insider threat — whether it's a "bad actor employee" or inadvertent activity — poses a particular concern. There are steps that privacy officers can initiate to help minimize these threats, says Patricia Wagner, chief privacy officer for Epstein Becker Green.

  • DC Circ. And 4th Circ. Strengthen FCA First-To-File Bar

    John Elwood

    Last month, the D.C. Circuit in Cellco and the Fourth Circuit in Halliburton ruled that the first-to-file bar requires dismissal of False Claims Act actions brought while an earlier-filed action was pending, even if that earlier-filed action was later dismissed. It just became much harder for relators to bring qui tam cases related to earlier FCA actions, say John Elwood and Ralph Mayrell of Vinson & Elkins LLP.

  • Texts And Message Apps Are Changing Internal Investigations

    Jessica Nall

    The near-universal use of text messaging and other mobile communication platforms should prompt a major shift in how evidence is gathered and considered in internal corporate investigations, say Jessica Nall and Claire Johnson of Farella Braun & Martel LLP.

  • 3 Ways Employers Can Proactively Protect LGBT Rights

    Jim McNeil

    The legal landscape governing workplace protections for lesbian, gay, bisexual, transgender, queer/questioning, intersex and/or asexual employees remains uncertain. Most recently, the Trump administration stated it will not change its policy until the Supreme Court takes up the issue. In this context, Jim McNeill and Peter Stockburger of Dentons provide steps employers can take to help ensure their workplace is LGBTQIA supportive.

  • Series

    Notes From A Law Firm Chief Privacy Officer: Balancing Act

    Kristin Jones

    As the role of law firm chief privacy officer becomes more prevalent and expansive, many CPOs are finding themselves in the midst of a delicate balancing act — weighing compliance with government regulations and client requirements on one side with the needs of firm business on the other, says Kristin Jones, chief privacy officer for Stradley Ronon Stevens & Young LLP.

  • How The IPad Can Be A Litigator's Best Friend

    Paul Kiesel

    New mobile computing tools — both hardware and applications — are changing the technology paradigm for legal practitioners. In particular, the combination of the 12.9-inch iPad Pro, the Apple Pencil and the LiquidText annotation app can revolutionize both trial preparation and courtroom litigating, says attorney Paul Kiesel, in his latest review of tech trends.

  • Employer Takeaways From EEOC's $10.5M Deal With Bass Pro

    Gerald  Maatman Jr.

    For employers who are constantly at risk of being the subject of the U.S. Equal Employment Opportunity Commission’s next major investigation or systemic pattern or practice of discrimination class action, a closer reading of the terms in its recent settlement with Bass Pro gives valuable insight, say attorneys with Seyfarth Shaw.