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Employment

  • August 13, 2018

    Ed. Dept. Beats Worker's Suit Over Scent Accommodation

    The U.S. Department of Education didn't discriminate against an IT worker who suffered from an olfactory condition that caused her to feel ill around certain perfumes and fragrances, a D.C. federal judge ruled Monday, saying the agency gave her an air filter and mask in a timely manner.

  • August 13, 2018

    Ex-ESPN Analyst Hits Back With Her Own Sanctions Request

    A former ESPN legal analyst suing for sexual harassment told a Connecticut federal court Monday that the network should be sanctioned for its motion to sanction her for claiming ESPN harassed her with fake Twitter accounts, calling the motion a baseless abuse of process.

  • August 13, 2018

    Calif. Panel Nixes WinCo Foods Meal Break Suit

    A California state appellate court on Monday upheld the dismissal of a proposed class action accusing supermarket chain WinCo Foods LLC of stiffing hourly workers at a California location of some meal breaks, saying the parties legally waived breaks for certain shifts in a collective bargaining agreement.

  • August 13, 2018

    Hospice Urges High Court To Avoid FCA Pleading Dispute

    A Florida-based hospice chain Monday pressed the U.S. Supreme Court to avoid wading into a long-simmering dispute over how precisely False Claims Act suits must be pled, asserting that a circuit split on the issue has mostly evaporated.

  • August 13, 2018

    Lululemon Workers Poised To Get Cert. In FLSA Suit

    A New York federal magistrate judge Monday recommended the court certify a class of employees in a suit alleging fitness wear retailer Lululemon does not pay them for hours spent on mandatory community outreach and administrative work.

  • August 13, 2018

    Wells Fargo Worker Lacked Proof Of Age Bias: 8th Circ.

    The estate of a Wells Fargo worker fired after a past fraud conviction came to light did not show that the company’s implementation of a federal bar on employing those convicted of crimes of “dishonesty” violates federal age bias law, the Eighth Circuit said Monday.

  • August 13, 2018

    Ex-Union Boss Like 'Con Man' Cooperator, Bribery Jury Hears

    Counsel for Norman Seabrook, the former labor boss accused of steering $20 million of union capital to a now-bankrupt hedge fund for a $60,000 bribe, told a Manhattan jury Monday that a key government witness is a “con man” who can't be trusted, but a prosecutor said both men are “cut from the same cloth.”

  • August 13, 2018

    2 Classes Cut From Dassault Overtime Collective Action

    An Arkansas federal judge on Monday trimmed two of three classes from a collective action accusing a Dassault Aviation business jet unit of wrongly classifying workers as overtime exempt, finding that the circumstances of those workers weren’t similar enough to justify moving forward collectively.

  • August 13, 2018

    Atty Sanctioned 2nd Time Over Bogus Sexual Harassment Suit

    An attorney already facing sanctions for leveling false claims of sexual harassment in a client's suit was ordered on Monday to pay another $20,000 in the same case after an Illinois federal judge said the attorney continued to litigate against someone he knew was not involved.

  • August 13, 2018

    Gay Bias Split Too Recent For Justices' Review, County Says

    A Georgia county accused of firing a gay man because of his sexual orientation urged the U.S. Supreme Court on Friday to decline review of an Eleventh Circuit ruling ending the man's suit and instead let the country's appeals courts work through a fresh divide over whether federal law bars discrimination against gay workers.

  • August 13, 2018

    Ex-Northwestern Hoops Player Drops Transfer Rule Suit

    A former college basketball player suing the NCAA for killing his career with its “year in residence” rule after he was allegedly forced off Northwestern University’s team has dropped his suit, a move that comes roughly a month after the Seventh Circuit upheld that rule in another case.

  • August 13, 2018

    Texas Enviro Agency Can't Escape Age And Race Bias Suit

    A Texas federal judge ruled Monday that the Texas Commission on Environmental Quality must face a suit accusing one of its department directors of age and race discrimination, writing that a former hydrologist presented enough questions of fact for the case to survive summary judgment.

  • August 13, 2018

    8th Circ. Says BNSF Suit Against Seat Maker Not Preempted

    The Eighth Circuit on Monday revived BNSF Railway Co.'s breach-of-contract suit alleging Seats Inc. should be on the hook for payments to an engineer who suffered career-ending injuries from the manufacturer's allegedly defective locomotive seats, saying the railroad giant's claims are not preempted by federal law.

  • August 13, 2018

    Judge Rips Tata's 'Hail Mary' Bid In Discrimination Suit

    A California federal judge on Friday rebuffed Tata Consultancy Services Ltd.’s attempt to chop away at a class action accusing the information technology company of discriminating against non-South Asian employees, calling it "a Hail Mary effort at limiting the scope of relief" months before trial.

  • August 13, 2018

    Construction Worker's Asbestos Suit Revived By Ill. Court

    An Illinois appeals court has reinstated an injury suit claiming two companies share responsibility for a construction worker's lung cancer after entering into conspiracies to conceal the dangers of asbestos, saying Friday that a lower court was wrong to end the suit while facts were in dispute.

  • August 13, 2018

    Texas School District Wants Sex Discrimination Suit Tossed

    A Texas school district has asked a Texas federal court to dismiss a suit from a teacher alleging she was discriminated against for being a lesbian, saying her allegations lacked a factual basis and sexual orientation is not a protected class.

  • August 13, 2018

    Oil And Gas Co. Denied New Trials Over Workers' OT Awards

    A Pennsylvania federal judge turned down an oil and gas contractor's bid for do-overs on a pair of trials that awarded two groups of workers $1 million in back pay for overtime in addition to the sizable per-job bonuses the company already gave them.

  • August 13, 2018

    Winery Can't Ban 'Cellar Lives Matter' Vest, NLRB Judge Says

    Woodbridge Winery violated federal labor law when it barred an employee from wearing a safety vest adorned with the slogan “Cellar Lives Matter,” since it was connected to union activity and wasn't offensive, a National Labor Relations Board judge ruled.  

  • August 13, 2018

    11th Circ. Tosses Atty Sanction In Trucking Co. OT Case

    The Eleventh Circuit on Friday threw out a sanction for a Miami Beach lawyer and his client stemming from a trucking company overtime pay case, saying a decision last fall about conflicting positions taken by a litigant in separate judicial proceedings called for a reversal.

  • August 13, 2018

    EEOC Hits DOE's Fermilab With Sex Discrimination Suit

    The U.S. Equal Employment Opportunity Commission on Monday filed a complaint in Illinois federal court against the U.S. Department of Energy's Fermi National Accelerator Laboratory on behalf of a woman who the commission says was passed over for a promotion after complaining about sexually discriminatory treatment.

Expert Analysis

  • Insurance Tips For 'No Poach' Employment Antitrust Claims

    Jeff Kiburtz

    Regulators are taking new and aggressive steps to address the purported use of "no poach" agreements that allegedly violate antitrust law. Apart from ensuring that current practices comply with state and federal laws, companies should make sure that their insurance policies can help mitigate risk from prior practices, say Jeff Kiburtz and Heather Habes of Covington & Burling LLP.

  • Litigating Wage And Hour Hybrid Actions: Part 1

    Excerpt from Lexis Practice Advisor
    Craig Friedman

    There are several key considerations when handling a hybrid Fair Labor Standards Act and Federal Rule of Civil Procedure 23 wage and hour class and collective action. Attorneys with Jones Day provide an overview of the procedural steps and legal standards involved in litigation, strategies to consider at each stage of the case, and practical guidance on litigating such claims.

  • Who Can Decide Whether 'Class Arbitration' Is Authorized?

    Gilbert Samberg

    In Lamps Plus v. Varela, the U.S. Supreme Court will decide next term whether an arbitration agreement that says nothing about class arbitration can be interpreted to constitute consent by the parties. But it's currently unclear if the Supreme Court will specify who can actually decide that question, says Gilbert Samberg of Mintz Levin Cohn Ferris Glovsky and Popeo PC.

  • Insights On Time-Rounding Systems For Calif. Employers

    Andrea Calem

    A California appellate court's recent opinion in AHMC Healthcare v. Superior Court of Los Angeles County is helpful for employers that use time-rounding systems. The discussion of the statistical criteria required to establish that such practices are neutral is particularly useful, say Andrea Calem and Roland Juarez of Hunton Andrews Kurth LLP.

  • 10 Tips For A Successful Employment Mediation

    Frank Burke

    Recently, courts across the country have seen an increase in employment law claims, a high percentage of which are resolved through the mediation process. In this article, Frank Burke of ADR Services Inc. shares best practices for planning, strategy and mediation advocacy in the employment law arena.

  • The Future Of Authenticating Audio And Video Evidence

    Jonathan Mraunac

    The recent emergence of artificial intelligence-based technology has prompted serious concerns about the future integrity of recordings. Attorneys must think critically about standards for authenticating audio and video evidence as well as legislative and regulatory safeguards to discourage pervasive manipulation and forgery, says Jonathan Mraunac of Ogletree Deakins Nash Smoak & Stewart PC.

  • Aviation Watch: The Regional Jet Wars Heat Up

    Alan Hoffman

    The business of building and selling regional jet airliners has become an all-out battleground, with Boeing, Embraer, Bombardier, Airbus and Mitsubishi fighting for contracts worth billions of dollars and tens of thousands of jobs. The Trump administration's aggressive trade policies have added more uncertainty to the mix, says retired attorney and private pilot Alan Hoffman.

  • It's Not Too Early To Prep For New Mass. Employment Laws

    Sean O’Connor

    Courtesy of the “grand bargain” legislation, significant changes are coming to Massachusetts employment law. Among other new requirements, employers should prepare for increases in the state minimum wage rates, revisions to tipped employees’ wages, and a new state-administered paid family and medical leave program, says Sean O’Connor of Morgan Brown & Joy LLP.

  • FCPA Liability For Hiring Practices Gains New Credence

    Bruce Searby

    The U.S. Department of Justice and the U.S. Securities and Exchange Commission have stood by an expansive theory of anti-bribery liability under the Foreign Corrupt Practices Act for corrupt hiring schemes. After the recent Credit Suisse resolutions, the theory appears to be here to stay, says Bruce Searby, a partner at Searby LLP and a former federal prosecutor.

  • Employer Lessons In Dealing With FCRA Disclosure Claims

    David Anthony

    An Oregon federal court's recent decision in Walker v. Fred Meyer highlights several key lessons associated with Fair Credit Reporting Act class actions, particularly related to the disclosures employers must provide to prospective employees, say attorneys with Troutman Sanders LLP.