Employment

  • June 21, 2017

    Napoli Defamation Counterpunch In Bias Suit Fails On Appeal

    A New York appeals court on Tuesday turned down a request from famed New York plaintiffs lawyer Paul Napoli to add defamation counterclaims against an attorney suing him and his now-defunct firm, Napoli Bern Ripka Shkolnik LLP, for gender discrimination.

  • June 21, 2017

    OIG Says Former GSA Chief Retaliated Against Whistleblower

    Former U.S. General Services Administration leader Denise Turner Roth retaliated against an agency employee for raising concerns over alleged legal violations, abuses of authority and mismanagement, a GSA watchdog said Wednesday.

  • June 21, 2017

    Wis. Principal Fired For Performance, Not Race: 7th Circ.

    A Seventh Circuit panel has backed a quick win given to a Wisconsin school district and its board of education in a racial discrimination and retaliation suit filed by an African-American former principal of one of its elementary schools, saying her shortcomings in her role were well-documented.

  • June 21, 2017

    Besieged By Scandals, Uber Boss Kalanick Steps Down

    Uber Technologies Inc. CEO Travis Kalanick has stepped down as head of the company he helped create, a representative of the ride-share giant confirmed Wednesday, amid a growing storm of reports alleging rampant sexism and misconduct at the company under his leadership.

  • June 20, 2017

    Ex-Faruqi Atty Seeks to 'Rewrite' Fee Deal, Firm Tells 2nd Circ.

    A former partner at Faruqi & Faruqi LLP trying to revive claims on a piece of a $4 million settlement for clients she brought to the firm wants to "rewrite the terms" of an alleged fee commission deal, according to a brief the firm filed Monday with the Second Circuit.

  • June 20, 2017

    DOJ's Class Waiver Shift Complicates DR Horton Defense

    The U.S. Department of Justice's recent refusal to throw its weight behind National Labor Relations Board precedent in a U.S. Supreme Court battle over the legality of mandatory arbitration agreements with class waivers added new obstacles for the NLRB in defending the position — first expressed in its controversial D.R. Horton ruling — that such agreements violate federal labor law, experts say.

  • June 20, 2017

    Miami Doubts County Police Rule For Beckham Stadium Legit

    Miami's city attorney says Miami-Dade County commissioners stepped out of bounds by requiring former soccer star David Beckham to hire only county police and fire personnel for events at a stadium he plans to build within the city as a condition of selling him land for the $150 million project.

  • June 20, 2017

    Feds' Witness Branded As Liar In American Realty Fraud Trial

    The federal government’s star witness in a New York fraud trial against a former American Realty executive was prodded Tuesday about her inexperience with a key earnings metric and grilled for lying in a lawsuit and to OSHA about her exit from the company.

  • June 20, 2017

    Zenefits Ends DOL Wage Claims With $3.4M Worker Payout

    Human resources subcontractor Zenefits will pay $3.4 million to almost 750 workers to settle U.S. Department of Labor findings that it illegally withheld overtime pay and may have caused their compensation to dip below minimum wage.

  • June 20, 2017

    Uber Says It Can’t Spy On Info Drivers Gave Away

    Uber Technologies Inc. asked a California federal court Monday to toss a proposed class action accusing it of spying on Lyft drivers’ locations with a secret software program known internally as “Hell," saying the ride-sharing company can’t intercept information drivers readily provide.

  • June 20, 2017

    Wis. Judge Won’t Toss USPS Background Check Suit

    A Wisconsin federal magistrate judge on Tuesday declined to toss a suit by an applicant for a security guard position at the U.S. Postal Service who said he wasn’t given sufficient opportunity to correct mistakes in his background check, deciding the claims sufficiently alleged an injury.

  • June 20, 2017

    Ex-BigLaw Atty Says DA Withheld Evidence In Murder Case

    State prosecutors in Atlanta improperly withheld audio files and a police report that support claims that prominent employment lawyer Claud “Tex” McIver, 74, didn’t mean to fatally shoot his wife in September, McIver’s attorneys argued in an emergency motion on Monday.

  • June 20, 2017

    Mass. Asks Judge To Nix Challenge To Domestic Workers Law

    The commonwealth of Massachusetts asked a federal judge Tuesday to dismiss an au pair agency’s challenge to its domestic workers’ rights law, arguing that the state could pile additional requirements on top of federal law.

  • June 20, 2017

    Strip Club's $6.5M Deal With Dancers Gets Judge's Nod

    A Michigan federal judge on Monday approved a $6.5 million deal ending a cluster of suits alleging gentleman’s club chain Deja Vu misclassifies its dancers as independent contractors, cementing an accord that pays workers in two ways and includes $1.2 million in attorneys’ fees.

  • June 20, 2017

    Putnam Investments Beats ERISA Class Action

    A Massachusetts federal judge ruled for Putnam Investments LLC on Monday in an Employee Retirement Investment Security Act class action alleging that it mismanaged a retirement plan, finding that the company did not necessarily shortchange workers by offering mostly in-house funds as investment options.

  • June 20, 2017

    UN Coordinator Charged With Victimizing Immigrant Worker

    Manhattan prosecutors charged a United Nations official Tuesday with visa fraud and identity theft for allegedly hiring a domestic worker from Bangladesh, then refusing to pay her the wages he promised and telling her she would go to jail if she worked for anyone else.

  • June 20, 2017

    7th Circ. Expands On High Court's Campbell-Ewald Ruling

    A trio of judges sitting on the Seventh Circuit ruled Tuesday that a putative class action over unauthorized faxes cannot be mooted by depositing an unaccepted settlement offer with the court, saying there was "no principled distinction" between the alleged pick-off attempt and the one prohibited by the U.S. Supreme Court in Campbell-Ewald Co. v. Gomez.

  • June 20, 2017

    Female Law Profs Seek To Join U. Of Denver Unfair Pay Suit

    Three female professors from the University of Denver’s Sturm College of Law have asked to join a wage discrimination lawsuit against the school by the Equal Employment Opportunity Commission, looking to file their own claims over the alleged pay disparity between male and female law colleagues.

  • June 20, 2017

    Dallas Transit Manager Alleges Race Discrimination In Suit

    A Latino man who was formerly manager of bus operations for Dallas Area Rapid Transit filed a lawsuit against the agency on Monday, telling a federal judge in Texas that he was discriminated against while employed there on the basis of his race after he rescinded a reprimand for a Latino bus driver.

  • June 20, 2017

    Ex-Worker Sues CBS Radio For Being Called ‘Obama,’ ‘Bitch’

    A former African-American CBS Radio worker’s supervisors called her a “bitch” nearly every day, taunted her because of her race and threatened her ahead of her being fired, ostensibly for being late and forgetting to respond to an email, the worker alleged Tuesday in a discrimination suit filed in New York federal court.

Expert Analysis

  • Why Proper Disclosure Of Executive Perks Is Important

    Jeffrey Stein

    The U.S. Securities and Exchange Commission’s action against MDC Partners and former CEO Miles S. Nadal for failure to properly disclose executive compensation may not be MDC’s or Nadal’s only legal problem. They may also face scrutiny of the tax authorities, say attorneys with King & Spalding LLP.

  • Restricting Rights Through Class Action Evisceration

    Fred Isquith

    Currently pending before the Senate Judiciary Committee, the Fairness in Class Action Litigation Act proposes a new Rule 23 which renders class actions often impractical. If signed into law, only the most obvious of cases would be taken where liability is nearly certain and damages large, says Fred Isquith of Wolf Haldenstein Adler Freeman & Herz LLP.

  • Restrictive Covenants: Looking Beyond The Criticism

    Richard Schoenstein

    Noncompete provisions and other restrictive covenants have been harshly criticized in the press in recent months. But the truth about these types of agreements is much more nuanced and complex than typically portrayed, say Richard Schoenstein and David Kleinmann of Tarter Krinsky & Drogin LLP.

  • The Self-Critical Analysis Privilege: Not A Sure Thing

    Jane Warring

    When a company learns of a problem with one of its products, it may conduct tests and evaluate procedures to assess the issue. The self-critical analysis privilege covers companies seeking to protect records of internal investigations and self-evaluative analyses. But jurisdictions are split regarding whether the privilege exists, and if so, in what contexts, says Jane Warring of Clyde & Co. LLP.

  • Examining Tax Issues With Settlements In Employment Cases

    Excerpt from Lexis Practice Advisor
    William Hays Weissman

    Attorneys often overlook or fail to address the consequences of tax and reporting issues associated with the settlement of employment-related litigation. William Hays Weissman of Littler Mendelson PC explains how to avoid potential problems for both the employer and employee.

  • Lateral Partner Due Diligence: Where Should A Firm Begin?

    Howard Flack

    One frequently hears from leading malpractice insurers that one of the highest risk categories for law firms is that of lateral partners not sufficiently vetted during the recruitment process, says Howard Flack, a partner at Volta Talent Strategies Inc. who previously led lateral partner recruiting and integration at Hogan Lovells.

  • A Closer Look At OSHA's Broken Regulatory Process

    Jordan Barab

    Based on the political orientation of the current administration, President Donald Trump’s Occupational Safety and Health Administration is unlikely to move any significant regulatory initiatives forward. But if a major catastrophe were to spur bipartisan demands for regulatory action, there are three problem areas to consider, says Jordan Barab, former deputy assistant secretary of labor for OSHA.

  • Comey Hearing Parallels What Fired Employees Face In Court

    Genie Harrison

    The types of questions U.S. senators fired at former FBI Director James Comey during a recent hearing before the Senate Intelligence Committee may as well have been asked by defense counsel in a sexual harassment, whistleblower or wrongful termination case. Genie Harrison of the Genie Harrison Law Firm examines why former employees are often attacked this way when testifying about their allegations of illegal conduct by a former boss.

  • Does Calif.'s Anti-SLAPP Law Apply To Discrimination Claims?

    Felix Shafir

    Although Park v. Board of Trustees of the California State University left open whether the state's anti-SLAPP statute applies to Fair Employment and Housing Act claims where the alleged injury-producing conduct consists of activities furthering free speech rights, the California Supreme Court or California Court of Appeal will soon have an opportunity to explore this issue, according to attorneys with Horvitz & Levy LLP.

  • Opinion

    7th Circ. Trans Bathroom Decision Misapplied Title IX

    Jordan Lorence

    Following the Seventh Circuit's recent decision in Whitaker v. Kenosha Unified School District, the school district should appeal this case to the U.S. Supreme Court so that the justices can remind the Seventh Circuit how to properly interpret a federal statute and the U.S. Constitution, says Jordan Lorence of Alliance Defending Freedom.