Employment

  • June 19, 2017

    High Court Nixes Macy's Appeal Of Bargaining Unit Test

    The U.S. Supreme Court said Monday it will not consider retailer Macy’s Inc.’s request that it clarify a standard used by the National Labor Relations Board in determining whether a micro bargaining unit can be certified for collective bargaining.

  • June 19, 2017

    Ex-Honeywell ​VP Claims Diversity Efforts Got Her Fired

    A onetime vice president with Honeywell International Inc. has launched a lawsuit against the business in New Jersey state court alleging that she was fired due to her gender and in retaliation for challenging the company's discriminatory employment, retention and promotion practices related to senior executive positions.

  • June 19, 2017

    'New Face' Comment Can't Prove Age Bias, 8th Circ. Says

    The Eighth Circuit on Monday ruled that an information technology professional wasn’t discriminated against when his employer passed him over for promotion because it wanted a "new face" in the role and ultimately laid him off, saying the term was neutral both plainly and in the context it was used.

  • June 19, 2017

    CareerBuilder Majority Stake Handed Off For $490M

    An investor group has agreed to buy a controlling interest in job-hunting website CareerBuilder LLC for roughly $490 million from Tegna Inc., Tribune Media Co. and McClatchy Co., the sellers' counsel said Monday.

  • June 19, 2017

    High Court Won't Hear Drivers' Claim DOT Violated Privacy

    The U.S. Supreme Court on Monday declined to take up an appeal by six commercial drivers who sued the U.S. Department of Transportation alleging their privacy was violated by the agency’s practice of providing information on minor driving infractions to prospective employers.

  • June 19, 2017

    Pa. Judge Urged To Ax Defamation Suit Against Amerisource

    AmerisourceBergen Corp. urged a Pennsylvania state judge on Friday to throw out what it called a “bloated” and “deeply flawed” complaint alleging that it spread false information that prevented a former employee at one of its subsidiaries from landing three other sales jobs in the industry.

  • June 19, 2017

    DOE To Look Into Trans Student Bias Complaints Individually

    The U.S. Department of Education’s Office of Civil Rights has instructed its field offices that allegations of discrimination lodged by transgender students be considered individually, meaning that investigations can be opened on some claims but not others, according to a memo published Friday.

  • June 19, 2017

    Jersey City Tax-Abated Projects’ Labor Rules Tossed

    A New Jersey federal judge has tossed Jersey City’s labor agreement requirements for tax-abated private building projects, writing that the rules are void for interfering with federal labor law.

  • June 19, 2017

    High Court Won't Hear ERISA Suit Over Bernie Madoff Profits

    The U.S. Supreme Court refused Monday to review a pension fund’s Employee Retirement Income Security Act suit against the Bank of New York Mellon and Ivy Investment Management over decades-old Bernie Madoff investment advice.

  • June 16, 2017

    DOJ Reverses Obama-Era Stance In Class Waiver Suit

    The U.S. Department of Justice made a rare reversal of its position in a U.S. Supreme Court case by siding with employers in an amicus brief defending the legality of class waivers in arbitration agreements, after last year arguing the opposite while representing the National Labor Relations Board, which has invalidated such provisions.

  • June 16, 2017

    Texas High Court Nixes Suit Over Doc's Ouster

    The Texas Supreme Court on Friday handed a win to a hospital operator that had been sued by a cardiovascular surgeon over his termination, ruling the hospital operator didn't have to prove its reasons for firing him because the contract allowed him to be fired without cause under certain circumstances.

  • June 16, 2017

    Cabbie's Uber False Ad Suit Tossed After His Attys Depart

    A cab driver's proposed class action accusing Uber of operating illegally and falsely promoting its services as being safer than taxis was dismissed by a California federal judge on Thursday after the driver failed to show up to a case management conference that he was ordered to attend.

  • June 16, 2017

    NJ High Court To Review $2M Award Cut In Whistleblower Suit

    The New Jersey Supreme Court has agreed to examine whether a state appellate panel mistakenly ordered a reduction in a roughly $2 million attorneys' fees award for Heartland Payment Systems Inc. when remanding a suit against the business for a jury trial on an ex-employee's whistleblower claim.

  • June 16, 2017

    Canadian Court Certifies Junior Hockey Wage Class

    A Calgary, Alberta, judge allowed junior hockey players Thursday to proceed as a class in their wage action against the Canadian Hockey League and the Western Hockey League and its clubs, granting class certification against all but five teams located in the U.S.

  • June 16, 2017

    JPMorgan Wants Adviser’s Suit Axed Over FINRA Arbitration

    JPMorgan Chase & Co. and a subsidiary asked a California federal judge on Thursday to ax a wrongful termination suit brought by a former financial adviser who claims he was pushed out of the company for whistleblowing, saying he brought the same claims in arbitration years ago.

  • June 16, 2017

    NJ ShopRite Cleared Of Negligence Over Worker's Photos

    A New Jersey appellate court ruled Friday that a ShopRite store couldn’t be held responsible for a store employee convicted of taking photos of a 6-year-old customer and pulling up her shirt, saying there was no evidence the store knew of any prior similar behavior.

  • June 16, 2017

    DC Circ. Remands Wage Suit, Restores Dropped Workers

    A D.C. Circuit panel ruled Friday that two janitors were wrongly dismissed from a collective wage action against a cleaning service for failing to opt in, but said their employer may not have been properly served with the suit in the first place.

  • June 16, 2017

    Trans Student Cites Citizenship Ruling In Bathroom Row

    Transgender student Gavin Grimm, who is challenging a Virginia school board’s policy that students must use the bathroom that matches their birth sex, told the Fourth Circuit on Thursday that the U.S. Supreme Court's recent decision on gender differences in citizenship transfers supports his argument that the bathroom policy is invalid under the Fourteenth Amendment.

  • June 16, 2017

    Travelers Says Charney Defamation Suit Costs Not Covered

    Travelers Indemnity Co. on Thursday asked a New York federal court to declare it does not have to pay the costs hedge fund Standard General LP incurred defending a defamation lawsuit by American Apparel’s ousted CEO Dov Charney, saying the suit was over an employment issue and not advertising.

  • June 16, 2017

    Transfer Rule Not Bad For Competition, NCAA Tells 7th Circ.

    The NCAA shot back at a former college football player’s bid to revive an antitrust challenge to the rule requiring student-athletes who transfer to sit out their sport for a year, telling the Seventh Circuit that the rule is pro-competition and serves to protect amateurism in college sports.

Expert Analysis

  • What To Know About High Court's ERISA Exemption Decision

    Charles Stevens

    While the U.S. Supreme Court’s recent holding that church plans under the Employee Retirement Income Security Act include plans maintained by a church-affiliated organization is welcome news to most religious-affiliated employers, it also creates an opportunity for organizations sponsoring church plans to take another look at their status and their compliance with applicable legal requirements, say attorneys with Michael Best & Friedrich LLP.

  • Unwritten Settlement Terms May Still Be Enforceable

    Angela Whittaker-Pion

    Once parties in a civil case agree on a monetary amount in exchange for a release of claims, a settlement is considered effective. But in between agreeing on the amount and finalizing all the terms of the settlement, parties must take care not to end up with terms that are not to their liking, say Angela Whittaker-Pion and Lynn Schlie of Miles & Stockbridge PC.

  • Background Checks: Hiring Essential Or Barrier To Re-Entry?

     Thomas Servodidio

    Employers today must balance the risk of learning more information about a candidate with the risk of not learning information that may provide a critical window into the candidate’s suitability for hire. With the rise of litigation and legislation targeting bias in hiring practices, employers are increasingly confronted with difficult background check decisions, say Thomas Servodidio and Kathryn Brown of Duane Morris LLP.

  • DOL Independent Contractor Landscape Likely Won't Change

    Richard Reibstein

    The U.S. Department of Labor's decision to withdraw its joint employment and independent contractor guidance may be portrayed as a major shift in the agency's enforcement position. However, it’s unlikely to change the legal landscape of independent contractor misclassification, says Richard Reibstein of Pepper Hamilton.

  • Assessing Repeal Of OSHA's Injury Reporting Rule

    Susan Wiltsie

    For now, employers evaluating whether the Occupational Safety and Health Administration's recent repeal of its so-called "Volks Rule" gives them regulatory relief should remember that OSHA’s record-keeping regulations are still comprehensive in scope, say attorneys with Hunton & Williams LLP.

  • Weekly Column

    Innovating For Wise Juries: Setting Trial Time Limits

    Stephen Susman

    This is the second in a series of articles discussing ideas proposed by the NYU School of Law Civil Jury Project to resuscitate the American jury trial. In this article, Stephen Susman, Richard Lorren Jolly and Dr. Roy Futterman argue for setting early and strict time limits in civil jury trials.

  • Opinion

    Big Business Lobby Tries To Hobble Litigation Finance, Again

    Allison Chock

    In its most recent petition advocating mandatory disclosure of litigation finance, the U.S. Chamber of Commerce simply rehashes the same arguments from its previous failed efforts to convince the Committee on Rules of Practice and Procedure of the dire implications of undisclosed funding relationships, say members of IMF Bentham Ltd.

  • How High Court Resolved The Service-By-Mail Circuit Split

    Victoria Dorfman

    In Water Splash Inc. v. Menon, the U.S. Supreme Court recently held that the Hague Convention does not preclude service by mail on defendants residing in foreign countries. Attorneys with Jones Day review how the court resolved this long-standing question for many jurisdictions.

  • When The Boss Isn’t Decent Enough To Say, 'You’re Fired'

    Genie Harrison

    Following President Donald Trump’s sensational firing of former FBI Director James Comey, many Americans are asking: Could this happen to me? There’s no law saying your boss can’t fire you in a public spectacle, but if your boss fires you for an illegal reason or lies about your actions or performance, he exposes the company to significant liability, says Genie Harrison of the Genie Harrison Law Firm.

  • 10 Employer Religious Accommodation Questions Answered

    Dawn Solowey

    In the past few months the U.S. Equal Employment Opportunity Commission has issued multiple press releases highlighting lawsuits it initiated alleging unlawful refusal to accommodate employees’ religious practices. The basic legal principles surrounding religious accommodations sound simple enough, but in practice they can be complicated, says Dawn Solowey of Seyfarth Shaw LLP.