Employment

  • August 15, 2017

    Teamsters Acquitted In 'Top Chef' Extortion Case

    Four Massachusetts Teamsters were acquitted Tuesday of trying to strong-arm a “Top Chef” television production into hiring union labor at a picket that turned violent.

  • August 14, 2017

    Fintech Startup SoFi Faces Wage, Retaliation Suits

    Social Finance Inc. was hit with a wage-and-hour putative class action in California court Monday, just days after a former worker sued the financial startup, alleging it fired him for reporting the harassment of a female coworker and for reporting managers who fraudulently canceled loan applications to reap bonuses.

  • August 14, 2017

    Taylor Swift Wins Assault Suit Over DJ's Groping

    A Colorado federal jury sided with Taylor Swift in her countersuit against a radio DJ who’d accused her of getting him fired, finding that when the DJ groped her during a photo op in 2013, it amounted to assault and battery, according to reports on Monday.

  • August 14, 2017

    5th Circ. Won't Revive Civil Rights Suit Against Ex-Judge

    A black attorney has lost her bid to revive claims that a former Texas state judge and a courtroom bailiff mistreated her because of her race and because she campaigned against the judge, with the Fifth Circuit holding they were immune from suit.

  • August 14, 2017

    PGA Tour Says Singh Still Can't Prove Loss Over Antler Spray

    A dispute over whether a New York judge should rethink a ruling that kept alive former top-ranked professional golfer Vijay Singh’s four-year-old suit against the PGA Tour over his suspension for using deer antler spray continued Friday as the tour argued the judge took into account evidence that should have been ruled inadmissible.

  • August 14, 2017

    LinkedIn Must Let Startup Pull Public Info, Judge Rules

    LinkedIn Corp. will have to let a job-search startup keep scraping information off the social media site’s public profiles, a California federal judge ruled Monday after finding the startup had raised “serious questions” about LinkedIn’s attempt to block it.

  • August 14, 2017

    Players Say NCAA 'Amateurism' Is No Defense For Antitrust

    College football and basketball players challenging the NCAA's rules against players' being compensated beyond school attendance costs laid out their case Friday to a California federal judge, ripping the NCAA’s dedication to “amateurism” in college athletics as an invalid defense to the anti-competitive limits on compensation.

  • August 14, 2017

    Judge Won't Dismiss FCA Suit Against Alaska Native Co.

    An Alaska federal judge on Friday refused to toss a False Claims Act suit contending that an Alaska Native corporation took unfair advantage of a Small Business Administration contracting program for disadvantaged groups, saying the company’s alleged misrepresentations about its subsidiaries were material to the agency allowing them to take part in the program.

  • August 14, 2017

    Jury ‘Not Sure How To Go On’ In ‘Top Chef’ Extortion Case

    Jurors considering the fate of four Boston-area Teamsters accused of strong-arming a “Top Chef” TV crew into giving them unnecessary truck-driving work entered their 18th hour of deliberations Monday while suggesting a possible impasse and a lone holdout.

  • August 14, 2017

    EEOC Says Walter Reed Staffing Co. Fired Pregnant Worker

    The U.S. Equal Employment Opportunity Commission on Monday alleged in Maryland federal court that the medical staffing contractor at Walter Reed National Military Medical Center unlawfully discriminated against a pregnant employee by failing to provide her with proper support for complications caused by disability and then firing her.

  • August 14, 2017

    7th Circ. Says Ill. Gov. Could Fire Critical Arbitrators

    The Seventh Circuit on Monday affirmed the dismissal of a suit alleging a former Illinois governor violated the First Amendment by declining to rehire Illinois Workers Compensation Commission arbitrators who challenged a law cutting their terms short, saying the state can replace such high-level officials when they criticize its actions. 

  • August 14, 2017

    Doctor Can’t Escape $550M Social Security Fraud Verdict

    A Kentucky federal judge on Monday rejected a clinical psychologist’s attempt to toss a jury’s finding that he defrauded Social Security of at least $550 million in disability benefits, saying that the government presented “compelling” evidence that the man participated in the fraud scheme.

  • August 14, 2017

    Asus, Via Settle IP Theft, Employee Defection Suit

    Via Technologies Inc. and rival chipmaker Asus Computer International have ended their dispute over whether an Asus unit lured ex-Via employees to steal valuable intellectual property covering USB 3.0 technology, according to Friday court records.

  • August 14, 2017

    Uber Can't Selectively Waive Atty-Client Privilege: Judge

    Uber can’t use attorney-client privilege as both “a shield and a sword” as it defends against Waymo’s claims it stole self-driving car secrets, a federal magistrate judge said Monday, ruling that a conversation involving an Uber lawyer, then-CEO Travis Kalanick and then-executive Anthony Levandowski is protected, even though Uber has said it’s not.

  • August 14, 2017

    Trump Signs $2.1B Extension Bill For VA Choice Program

    President Donald Trump on Saturday signed into law a bill providing an additional $2.1 billion for the U.S. Department of Veterans Affairs’ Veterans Choice Program, as well authorizing new medical facility leases and giving VA leaders additional hiring authorities.

  • August 14, 2017

    Drivers, Papa John's Franchisee Ask For Cert. In FLSA Suit

    A group of delivery drivers from 21 Papa John's franchises in North and South Carolina asked a federal judge on Monday to conditionally certify them as class members in their Fair Labor Standards Act collective action that accuses a franchisee of failing to pay them fairly for driving costs.

  • August 14, 2017

    Hermès Can Arbitrate Sex Bias Claims, 2nd Circ. Says

    The Second Circuit on Monday ruled that Hermès of Paris Inc. can arbitrate allegations that it discriminated against and fired a worker in a New Jersey mall because of his sexual orientation, saying a third-party defendant doesn’t have impact on the district court’s diversity jurisdiction over the company’s arbitration bid.

  • August 14, 2017

    Texas AG Asked If Federal Law Nixes Health Insurance Rule

    A Texas lawmaker has asked the state’s attorney general to weigh in on whether state regulations governing certain employer health plans funded by a flexible spending arrangement are preempted by a more recent federal law enacted in 2016.

  • August 14, 2017

    8th Circ. Vacates BNSF Employee Firing Violation

    The Eighth Circuit on Monday reversed a U.S. Department of Labor Administrative Review Board ruling saying that BNSF Railway Co. fired a worker in retaliation for his reporting an injury, calling it a stretch for an administrative judge to say that the 2007 report directly caused the worker’s 2012 firing.

  • August 14, 2017

    4 Tips For Eliminating Gender Bias From Job Ads

    Although most employers strive to create an objective hiring process and attract a diverse workforce, they often fall into the trap of crafting job advertisements that inadvertently contain language that may encourage applicants of just one gender. Here, experts share four tips for scrubbing gender bias from job listings.

Expert Analysis

  • DOL Presses Reset Button On Overtime Rule

    Mark Wiletsky

    The U.S. Department of Labor recently published a request for information as the first step in revising the white collar overtime exemption regulations, yet again. The RFI does not focus merely on the proper salary level for the exemptions. Instead, its sheer breadth of questions suggests that the DOL is ready to start over at square one, says Mark Wiletsky of Holland & Hart LLP.

  • 5 Questions To Ask Before Entering Joint-Representation AFA

    Natalie Hanlon Leh

    One growing trend is for clients to enter into alternative fee arrangements in which one law firm represents multiple parties who “share” fees and costs in a related matter. This way parties can more efficiently manage a matter and reduce their individual legal fees. But joint representation is not without its own risks and challenges, say attorneys with WilmerHale.

  • Legal Incubators Can Help New Lawyers And Society

    Martin Pritikin

    Legal incubators serve as an important bridge to practice and a crucial step toward aligning the incentives of new lawyers with the needs of their clients. They may even pose a threat to the traditional law school model itself, and that's not necessarily a bad thing, says Martin Pritikin, dean of Concord Law School at Kaplan University.

  • Series

    15 Years Of SOX: Avoiding PCAOB Enforcement Sanctions

    Russell Duncan

    The Sarbanes-Oxley Act and the rules under which the Public Company Accounting Oversight Board's Division of Enforcement and Investigations must act create an unusual process that greatly benefits those being investigated, say Russell Duncan and Joel Schwartz, partners at Shulman Rogers Gandal Pordy & Ecker PA and former PCAOB assistant directors.

  • How The Save Local Business Act Protects Franchisors

    Harold Kestenbaum

    The U.S. Department of Labor recently withdrew the joint employer standard established by the National Labor Relations Board in Browning-Ferris Industries of California. However, what it did not do was reverse the ruling or alter the language adopted by the Fair Labor Standards Act following the decision. The Save Local Business Act bridges that gap, says Harold Kestenbaum of HLK PC.

  • Storytelling In The Age Of Emojis

    Adam Bloomberg

    Being a truly effective trial attorney is as much about building a case as it is about playing to your audience of jurors. So if jurors are constantly relying on pictures to connect outside the courtroom, it is time to begin speaking to them in this new language, says Adam Bloomberg of Litigation Insights Inc.

  • High Court's Good News For Out-Of-State Parent Companies

    Gary Mennitt

    Many businesses comprise multiple entities that function together while remaining legally distinct. But the plaintiffs bar often construes affiliated defendants as one company, unified by vicarious liability. Foreign parent defendants can push back by moving to dismiss for lack of personal jurisdiction. Two recent U.S. Supreme Court opinions have enhanced the power of this maneuver, say attorneys with Dechert LLP.

  • Using AI To Monitor For Workplace Sexual Harassment

    Eve Wagner

    Company decision-makers are looking for new ways to prevent sexual harassment. But is using artificial intelligence really the answer? The ramifications for employee privacy are significant, says Eve Wagner of Sauer & Wagner LLP.

  • Managing The Publicity Of Defamation Litigation

    David Russell

    Plaintiffs today face the possibility that their lawsuits will leave a permanent and easy-to-find mark on the internet. When alleging defamation, libel and/or slander in California, plaintiffs may consider four basic ways to avoid the further spread of the embarrassing, false information during the lawsuit, say attorneys with Jenner & Block LLP.

  • Series

    15 Years Of SOX: A Look At Compliance Costs And More

    Keith Kawashima

    While many organizations are at a mature level with regard to their overall Sarbanes-Oxley compliance programs, new accounting standards, business process outsourcing, cybersecurity and a bigger focus on precision have required an increasing investment of resources, says Keith Kawashima of Protiviti Inc.