Employment

  • 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.

  • August 14, 2017

    NY Italian Restaurant Sued Over Failure To Pay Wage Premium

    An upscale Manhattan Italian restaurant is failing to pay its employees the spread-of-hours premium that is guaranteed under New York law for those who work shifts that total more than 10 hours, according to a proposed class action filed in New York state court.

  • August 14, 2017

    Restaurant Groups Look To Stop NYC Menu Rule Enforcement

    Restaurant trade groups that have filed suit against New York City said Friday in federal court that the city can’t enforce its rule for calorie labeling on menus because it must adhere to the U.S. Food and Drug Administration’s timeline for an identical federal rule, delayed until 2018.

  • August 14, 2017

    Trans HS Grad Returns Bathroom Rule Suit To Va. Court

    A transgender high school graduate suing his former school district over its policy barring transgender students from using the bathroom of their choice on Friday dropped his Fourth Circuit appeal of a decision denying him a preliminary block of the policy in favor of pursuing a permanent block in Virginia federal court.

  • August 14, 2017

    Intel CEO Joins Execs Fleeing Trump Council After Protests

    Intel's CEO became the third executive to quit President Donald Trump’s American Manufacturing Council on Monday after Trump failed to immediately and specifically denounce white supremacists who led a fatal rally in Charlottesville, Virginia, this weekend — a move first made by Merck's CEO and later followed by Under Armour’s top executive.

  • August 11, 2017

    Pepperdine Prevails Over Basketball Players’ Gay Bias Suit

    A California federal jury late Friday cleared Pepperdine University of allegations that it discriminated against and harassed two former female basketball players because they were dating, reaching a unanimous decision after only four hours following a three-week trial.

  • August 11, 2017

    In Reversal, DC Circ. Revives HUD Worker Race Bias Suit

    A D.C. Circuit panel reversed itself Friday, finding a U.S. Department of Housing and Urban Development investigator had shown enough evidence that his career would be hurt by an allegedly racially motivated denial of a lateral transfer request, after deciding of its own accord to rehear the case.

  • August 11, 2017

    Uber Pushes For Sanctions Over Atty Emails To Drivers

    Uber urged a California federal judge Thursday to sanction lawyers representing drivers in a misclassification class action, arguing that the attorneys' attempts to impugn the company's motives are baseless, and their conduct reflects a "deep and fundamentally flawed view of class counsel's role."

  • August 11, 2017

    Escobar's FCA Test Is Mandatory, Judge Rules

    A two-part test of falsity in the U.S. Supreme Court’s momentous Escobar decision must always be satisfied in cases alleging undisclosed noncompliance with regulations, a New York federal judge has ruled, deepening a split on whether the test is mandatory.

  • August 11, 2017

    17 States Urge DOL To Rescind Persuader Rule

    A group of 17 states led by Texas on Friday told the U.S. Department of Labor the so-called “persuader rule” should be rescinded because it imperils the attorney-client relationship and is “irreconcilable with the principles of federalism.”

  • August 11, 2017

    3rd Circ. Says US Marshals Not Employer In Bias Suit

    The Third Circuit affirmed dismissal Friday of a suit alleging the U.S. Marshals Service violated Title VII by failing a job applicant on her background check because of a suit her friend filed five years earlier, saying the applicant applied for a job with a contractor that works with the Marshals and not the service itself.

  • August 11, 2017

    Uber’s Driver Policy Can’t Keep Mich. Rape Suit In Calif.

    A San Francisco judge ruled Friday that a Michigan woman couldn’t bring claims in California over her sexual assault by an Uber driver, finding that though the suit stemmed from employment policies crafted at corporate headquarters, most of the claims addressed the driver’s conduct, so the scene of the alleged crime was a better forum.

  • August 11, 2017

    NJ Finance Co. Settles Claims Over Strippers, Biz Practices

    A New Jersey-based financial services enterprise on Friday quickly settled claims that it promoted a sexually hostile working environment — which included exotic dancers performing in the workplace — and engaged in predatory lending practices, then fired employees who complained about the activities.

  • August 11, 2017

    Vet Needn't Arbitrate Harassment Claims, Court Says

    A Florida appeals court on Friday reversed a lower court’s decision ordering a veterinarian to arbitrate claims that the hostile work environment at a Central Florida animal hospital left her no choice but to quit, holding that an arbitration provision in her employment agreement didn’t apply.

  • August 11, 2017

    Westinghouse Faces Worker Suits Over Nuke Plant Shutdown

    Westinghouse Electric Co. LLC, the contractor behind a canceled project to build two new nuclear reactors in South Carolina, and two of its units were hit with class complaints by former employees who said they lost their jobs without notice.

  • August 11, 2017

    High Court Ruling Won't Sink Education Co. FCA Suit: Judge

    A New Jersey federal judge on Friday said that a False Claims Act lawsuit alleging that a for-profit education company falsified student achievement records to get federal funding still stands, despite a U.S. Supreme Court ruling that limited liability for noncompliant companies receiving public aid.

  • August 11, 2017

    Office Depot Tells 9th Circ. AIG Owes False Claims Coverage

    Office Depot on Thursday asked the Ninth Circuit to resurrect its dispute with AIG Specialty Insurance Co. over coverage of its costs to defend and settle a whistleblower's accusations that it overbilled public entities, arguing that a California federal judge improperly expanded the scope of a state insurance statute to bar coverage.

  • August 11, 2017

    DC Circ. Partially Revives DHS Employee's Race Bias Suit

    A D.C. Circuit panel on Friday partially overturned a lower court’s decision tossing the race bias suit of an African-American employee of the Department of Homeland Security, finding he had administratively exhausted his claims alleging a discriminatory performance review and later suspension.

  • August 11, 2017

    Split 7th Circ. OKs Forum Choice Clauses In ERISA Plans

    A forum choice provision included in an Employee Retirement Income Security Act plan overrides the law’s direction that suits “may be brought” in certain courts tied to the plan or the affected beneficiary, a split Seventh Circuit panel said Thursday, denying a request that a benefits suit be sent back to Pennsylvania federal court.

  • August 11, 2017

    Raytheon Beats Ex-Employee's Retaliation Suit

    A Virginia federal judge on Friday shot down a retaliation suit brought by a former Raytheon employee, ruling that her alleged whistleblowing on excessive costs related to a $2.6 million tsunami warning system wasn’t protected by the Dodd-Frank Act.

Expert Analysis

  • Breaking Down Graham-Cassidy ACA-Replacement Proposal

    Eric Schillinger

    Following the Health Care Freedom Act’s defeat, the only remaining proposal to replace the Affordable Care Act that appears to have any chance of a Senate vote is a complex overhaul from Republican Sens. Lindsey Graham and Bill Cassidy, says Eric Schillinger of Trucker Huss APC.

  • Series

    15 Years Of SOX: A Significant Footprint In US And Abroad

    Paul Lanois

    Sarbanes-Oxley has been quite successful if one of its purposes was to screen out marginal foreign firms. In addition, the drop in the number of publicly listed companies may actually be a blessing in disguise, says Paul Lanois, senior legal counsel at Credit Suisse Group AG.

  • 5 Essential Aspects Of Employee Counseling Memos

    Francis Drelling

    It's a typical managerial fact that pretty much every supervisor will “need,” from time to time, to counsel his or her employees. While some managers might try their best to avoid issuing a written memo, sooner or later they will have to issue one, says Francis Drelling, general counsel for Specialty Restaurants Corp.

  • How To Prioritize Your Law Firm's Crisis Response Plan

    Michelle Samuels

    If the media is going to cover your law firm’s crisis, they are going to cover it with or without your firm’s input. But your involvement can help shape the story and improve your firm’s image in the public eye, says Michelle Samuels, vice president of public relations at Jaffe.

  • Series

    15 Years Of SOX: A Whistleblower Promise Unfulfilled

    Jason Zuckerman

    Our practice consists primarily of representing whistleblowers under the Sarbanes-Oxley Act, and we have found that even at senior levels of a company, whistleblowers suffer swift and severe retaliation, say Jason Zuckerman and Matthew Stock of Zuckerman Law.

  • Accommodating Medical Marijuana Users: A National Trend?

    Matthew Mitchell

    The Massachusetts Supreme Judicial Court's recent decision in Barbuto v. Advantage Sales and Marketing — and recent, similar precedent from other jurisdictions — may indicate a judicial trend that provides greater workplace protections to marijuana users. This represents a new, potential compliance benchmark for employers with respect to workplace safety policies, say attorneys with Partridge Snow & Hahn LLP.

  • Weekly Column

    Innovating For Wise Juries: Closing Argument

    Stephen Susman

    In the final article in this series on proposed innovations to the American jury trial, Stephen Susman, Richard Lorren Jolly and Dr. Roy Futterman of the NYU School of Law Civil Jury Project sum up the improvements they believe the U.S. jury system desperately needs.

  • Series

    15 Years Of SOX: It Is Time To Revisit The Burdens

    Adam Ingles

    The Sarbanes-Oxley Act — with Section 404 being its most burdensome mandate — was a regulatory “overcorrection” that many believe has stifled access to public capital markets and increased regulatory costs far more than any recent financial regulations ever will. The 15 years of post-SOX regulatory environment has been anything but favorable for new, entrepreneurial businesses, say Adam Ingles and Frank Gonzalez of MBAF.

  • What's Next For ACA Repeal?

    Michael Parme

    Following the failure of the Senate's so-called "skinny repeal" bill last week, the Affordable Care Act remains the law of the land for the time being. But it also remains under siege, even if there is not a fully crystallized health care reform proposal on the table, says Michael Parme of Haight Brown & Bonesteel LLP.

  • When A Workplace Investigation Finds Fault At The Top

    Ann Fromholz

    As demonstrated by two recent sexual harassment cases, when an attorney is called in as an outside workplace investigator and recognizes that human resources failed to take an opportunity to act before things got out of hand, he or she must change the strategy of the investigation, says Ann Fromholz of The Fromholz Firm.