Employment

  • May 19, 2017

    Trustee To Form Retiree Committee In Puerto Rico Bankruptcy

    The U.S. trustee on Friday told the federal judge overseeing Puerto Rico’s unprecedented bankruptcy case that it plans to appoint a retiree committee for those vested in the commonwealth’s public pension systems, making a rare call to begin the committee process without waiting for the court to rule on a pending motion.

  • May 19, 2017

    Ariz. Co. Settles EEOC Bias Claim Brought By Gay Workers

    An Arizona school meal company has agreed to pay $62,500 and correct working conditions to resolve claims by the U.S. Equal Employment Opportunity Commission that the caterer retaliated against gay cooks who complained of a hostile environment.

  • May 19, 2017

    Chicago Aims To Borrow $389M To Finish School Year

    Chicago Mayor Rahm Emanuel's office on Friday laid out a plan to borrow $389 million to get the Chicago Public Schools to the end of the school year and make most of a larger-than-anticipated $721 million pension payment at the end of June.

  • May 19, 2017

    Marsh Supermarkets Proposes Exec Bonus Plan

    Bankrupt Marsh Supermarkets Holding LLC asked the Delaware bankruptcy court Thursday to approve an up to $1.175 million key employee incentive plan, saying the employees are necessary for the company to get the best price for its assets.

  • May 19, 2017

    Texas Justices Say Setting Pay Ranges Is Counties' Purview

    The Supreme Court of Texas on Friday reversed an appeals court ruling allowing a trial court to set the salary for a reinstated court administrator, finding that separation of powers left the salary range within the purview of the local county’s governing body.

  • May 19, 2017

    Funeral Home Urges 6th Circ. To Sink EEOC's Trans Bias Suit

    A funeral home pressed the Sixth Circuit on Wednesday not to revive the U.S. Equal Employment Opportunity Commission’s claims that it fired an employee because of her gender identity and transition, saying allowing a funeral director to wear the uniform for members of the opposite sex on the job would violate its owner’s religious beliefs.

  • May 19, 2017

    Fla. Retail Chain, Managers Strike $1.2M Deal In FLSA Suit

    A Florida-based retail chain asked a federal judge on Thursday to approve a $1.2 million deal to end a Fair Labor Standards Act collective action from a group of its area managers who claimed that the company didn’t pay them for overtime.

  • May 19, 2017

    Proskauer Sex Bias Case May Prompt More 'Jane Doe' Suits

    A federal judge's recent decision to allow a Proskauer Rose LLP partner who brought a $50 million gender discrimination suit against the firm to proceed under the pseudonym "Jane Doe" may spur an increase in bias plaintiffs seeking to pursue their suits anonymously, experts say.

  • May 19, 2017

    Chili's Franchisee, Workers Resolve Tipping Wage Suit

    A mid-Atlantic Chili’s franchisee and two workers behind a proposed class action alleging that it makes them do nontipped work at tipped pay have resolved their dispute, according to a document filed in Maryland federal court in Thursday.

  • May 19, 2017

    Fiduciary Rule Foe Points To High Court Arbitration Stance

    A financial planning group challenging portions of the U.S. Department of Labor’s so-called fiduciary rule has urged a Minnesota federal judge to take notice of a recent U.S. Supreme Court decision involving the Federal Arbitration Act, saying it strengthens the group’s challenge.

  • May 19, 2017

    Under Armour’s $1.05M Bag-Check Deal Nears Final OK

    A California judge on Friday preliminarily approved Under Armour Inc.’s $1.05 million deal that would resolve a class action claiming it required its Golden State retail workers to undergo security checks after they had already clocked out at the end of their shifts in violation of state labor statutes.

  • May 19, 2017

    Cozen O’Connor Adds 7 More Buchanan Ingersoll Attys

    Cozen O'Connor is again dipping into the ranks of Buchanan Ingersoll & Rooney PC as it announced the addition of seven attorneys in recent days to help further boost its employment practice in Pennsylvania and North Carolina.

  • May 19, 2017

    Transgender Ex-Cabela's Worker Can Press ADA Claims

    A Pennsylvania federal judge on Thursday declined to toss a lawsuit from a transgender woman claiming her former employer Cabela’s Retail Inc. discriminated against her, allowing her to move forward on two Americans with Disabilities Act claims.

  • May 19, 2017

    Lowe’s Off The Hook In Tenn. Sexual Harassment Suit

    A Tennessee federal judge on Thursday threw out a lawsuit accusing Lowe’s Home Centers LLC of failing to properly address a female employee’s sexual harassment complaint, saying she could not prove the company allowed a hostile work environment or failed to take appropriate action. 

  • May 19, 2017

    MSHA Delays Rule To Boost Caliber Of Mine Inspections

    The Mine Safety and Health Administration is delaying the effective date of a rule requiring that metal and nonmetal mine operators bolster the quality of their workplace inspections and promptly notify miners of any dangerous conditions.

  • May 19, 2017

    Intel Investors Seek $2M Attys' Fees In Anti-Poach Suit

    Attorneys for Intel Corp. shareholders urged a California judge Friday to award $2 million in attorneys’ fees for their recently tossed derivative suit, alleging Intel executives made illegal deals with other tech companies not to hire away workers, arguing Intel instituted more stringent hiring guidelines as a result of their litigation.

  • May 19, 2017

    Hospital Illegally Ended Pay Hikes For Nurses, DC Circ. Says

    The D.C. Circuit on Friday enforced a National Labor Relations Board ruling that a Pennsylvania hospital's decision to stop paying longevity-based raises for its nurses after their collective bargaining agreement expired violated federal labor law, saying such a cutoff is not covered by the terms of the 2011 deal.

  • May 19, 2017

    Split 3rd Circ. Won't Send Nurses' Wage Suit To Arbitration

    A split Third Circuit panel declined Thursday to send a wage-and-hour collective action brought by nurses at a New Jersey assisted living home to arbitration, saying their claims are rooted in fact disputes and not a collective bargaining agreement.

  • May 19, 2017

    SBA, As Receiver, Not 'Gov't' In FCA Case, 3rd Circ. Says

    The Third Circuit has refused to revive a former executive's reverse False Claims Act suit against a software company for allegedly avoiding its obligation to pay accrued dividends to a shareholder being run by the U.S. Small Business Administration, saying the agency was acting as a receiver and not a governmental actor.

  • May 19, 2017

    Oil Field Services Co. Sued For Shunning American Workers

    An energy industry staffing firm launched a lawsuit in Texas federal court Thursday against oil and gas services company Tetra Technologies Inc., accusing it of illegally hiring foreign workers instead of American citizens and permanent U.S. residents for oil industry jobs to avoid paying higher wages.

Expert Analysis

  • Uber On The Brink

    Thomas Dickerson

    As the Second and Ninth Circuits will soon decide on the enforceability of Uber’s mandatory arbitration clauses and class action and class arbitration waivers in its driver contracts, and as its "Greyball" software is now the subject of a U.S. Department of Justice inquiry, the company's very existence may be at stake, says Thomas Dickerson of Herzfeld & Rubin PC.

  • 6 Calif. Employment Bills Employers Should Track

    Dave Carothers

    The California Legislature recently introduced a number of employment-related bills, most of which increase protection for employees and consequently provide more exposure to lawsuits for employers. Employers should expect little relief from Democratic Party leaders and should proactively guard against what’s to come, say Dave Carothers and Karimah Lamar of Carothers DiSante & Freudenberger LLP.

  • The Good, The Bad And The Ugly Of The AHCA

    Dennis Alessi

    Much of the mass media coverage of the American Health Care Act recently passed by the U.S. House of Representatives has focused on the same few aspects of the bill. Dennis Alessi of Mandelbaum Salsburg PC discusses several provisions that have not been reported as widely — but which are of significant importance — and the expected impact of the bill.

  • What United And Fox Can Teach Cos. About Victim Blaming

    Brian Markovitz

    Both Fox News and United Airlines have recently served as examples of why blaming alleged victims is often a risky and unwise long-term strategy. When it goes wrong, as it regularly does, the result is increased damages, liabilities and additional retaliation claims, say Brian Markovitz and Brenda Adimora of Joseph Greenwald & Laake PA.

  • Lessons In Complying With Nev. Minimum Wage Amendment

    Rick Roskelley

    Following the Nevada Supreme Court's recent unanimous en banc decision in Western Cab v. Eighth Judicial District Court, the state constitution’s minimum wage amendment remains active and enforceable. Although the full implications of Western Cab have yet to be seen, at the base level it appears to at least provide some clarity for employers, say Rick Roskelley and Kathryn Blakey of Littler Mendelson PC.

  • How The Byrd Rule Slowed Down GOP Health Care Reform

    Darryl Nirenberg

    While Republican leadership succeeded in securing 217 votes on Thursday to pass health care reform legislation in the House, standing in their way this past month has been a formidable obstacle: a rule devised by the late Sen. Robert C. Byrd as a feature of the budget reconciliation process, say attorneys with Steptoe & Johnson LLP.

  • Lewis V. Clarke And The Future Of Tribal Immunity

    Forrest Tahdooahnippah

    Whether the U.S. Supreme Court's decision in Lewis v. Clarke is wise from a practical standpoint depends on which side one takes in the larger debate regarding sovereign immunity. The unfairness of having tort victims go uncompensated may be eliminated, but the potential of liability may chill the performance of tribal employees with important duties, says Forrest Tahdooahnippah of Dorsey & Whitney LLP.

  • Whither Arbitration Of Public Injunctive Relief?

    Cary Sullivan

    In McGill v. Citibank, the California Supreme Court stopped short of determining whether public injunctive relief is arbitrable. The decision should help refocus attention on the unresolved issues from Ferguson v. Corinthian Colleges, say Cary Sullivan and Chris Waidelich of Jones Day.

  • Defining 'Employee' Under A Commercial Crime Policy

    David Bergenfeld

    In Telamon v. Charter Oak, the Seventh Circuit recently held that a corporate entity that is just a legal convenience is not a labor leasing firm. As can be seen from this case, among others, courts are strictly interpreting and enforcing precise language in insurance policies to determine whether individuals are deemed employees, says David Bergenfeld of D'Amato & Lynch LLP.

  • The Wild World Of Calif. Wage Orders

    Matthew Schechter

    California’s wage orders, some of which date back over 25 years, are an important but often overlooked feature of the employment law landscape that can trip up even the most careful employers. Two cases decided by the California Supreme Court within the last year demonstrate how decisions involving wage orders can have ripple effects for employers and employees, says Matthew Schechter of McManis Faulkner.