Employment

  • October 17, 2017

    NYC Education Dept. Escapes Disabled Teacher's Bias Suit

    A New York federal judge on Monday dismissed a suit alleging the New York City Department of Education discriminated against a disabled teacher by firing her, deferring to the results of an internal hearing on most of her claims.

  • 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.

Expert Analysis

  • 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.

  • Series

    What I Learned In My 1st Year: Listen Carefully, Speak Up

    Marcy Rothman

    When I graduated from law school, I landed at an old-line firm in the Golden Triangle of Texas. Two significant things happened to me around that time. One pertained to learning to listen, and the other pertained to refusing to participate in what I heard, says Marcy Rothman of Kane Russell Coleman Logan PC.

  • Tips For Handling Workplace Substance Abuse Under ADA

    Robert Usinger

    Given the amount of public debate on the opioid crisis, it is inevitable to foresee a rise in workplace disputes involving drug and alcohol abuse. In light of these developments, attorney Robert Usinger, and Barry Temkin of Mound Cotton Wollan & Greengrass LLP review the law regarding substance abuse in the workplace under the Americans with Disabilities Act.

  • Insights On Protecting Referral Sources With Noncompetes

    Leonard Samuels

    The Florida Supreme Court's recent decision in White v. Mederi Caretenders Visiting Services of Southeast Florida and Americare Home Therapy v. Hiles recognizes that referral sources are the lifeblood of the home health care business and worthy of protection. The ruling should be viewed as a strong statement by the court that restrictive covenants will be enforced to prevent unfair competition, says Leonard Samuels of Berger Singerman LLP.

  • How Bristol-Myers Squibb May Transform Class Actions

    Richard Dean

    In her dissent from the U.S. Supreme Court's holding in Bristol-Myers Squibb, Justice Sonia Sotomayor foresaw several major implications of the verdict. Now her prediction of plaintiffs having to sue defendants in multiple jurisdictions to recover for a single injury seems not only possible, but probable, say Richard Dean and Michael Ruttinger of Tucker Ellis LLP.

  • Asian-Americans Facing Challenges In The Legal Industry

    Goodwin Liu

    Asian-Americans are the fastest-growing minority in the legal profession, but recent studies confirm their underrepresentation among partners, prosecutors, judges and law school administrators. We must take action, say Goodwin Liu, associate justice of the California Supreme Court, and Ajay Mehrotra of the American Bar Foundation.

  • NY's New Stance On Sealing Old Felony Convictions

    David Gourevitch

    In a largely unheralded development, New York state recently authorized state courts to seal nonviolent criminal convictions that are more than 10 years old. The statute, one of the most expansive record-sealing provisions in the nation, represents an abrupt and dramatic about-face for New York, says attorney David Gourevitch.