Employment

  • September 19, 2017

    DOD Issues Interim Guidance On Transgender Service

    U.S. military service members will no longer be eligible to undergo gender reassignment surgery after March 2018, according to interim guidance from Defense Secretary Jim Mattis to Department of Defense officials amid a policy review for implementation of President Donald Trump’s order of a renewed ban on transgender service members.

  • September 19, 2017

    EEOC Noms Stress Negotiation, Guidance At Senate Hearing

    Nominees to fill two Equal Employment Opportunity Commission vacancies said they would emphasize guidance and negotiation over lawsuits at a largely collegial Senate confirmation hearing Tuesday, but would not commit to standing by the agency’s stance that Title VII bars employers from discriminating against the LGBTQ community.

  • September 19, 2017

    TGI Friday's Cuts $19.1M Deal To End Wage Action

    Attorneys representing a putative class of 28,800 TGI Friday’s tipped workers have struck a $19.1 million settlement with the restaurant chain and its former owners that would resolve claims alleging they violated multiple state and federal wage statutes, according to court documents filed in New York federal court.

  • September 19, 2017

    NFL Players’ Union Says Elliott Suspension Suit Has Legs

    The National Football League Players’ Association told a Texas federal judge Monday that the league must face its lawsuit challenging Dallas Cowboys’ running back Ezekiel Elliott’s six-game domestic violence suspension, saying the fact the union sued before the arbitrator made his final decision is irrelevant.

  • September 18, 2017

    Ex-FedEx Worker Tells Jury He Was Fired For Spotting Fraud

    Counsel for a former FedEx sales manager told a Tennessee jury during Monday opening statements the man was a top performer for the delivery services giant until he was fired for notifying his bosses that drivers and dispatchers were falsifying records to avoid the blame for late deliveries.

  • September 18, 2017

    Fox Hit With Fresh Retaliation Suit Over Alleged Host Rape

    A former Fox News contributor accused the network of blacklisting her for television appearances after she reported her alleged rape and continued harassment by Fox Business host Charles Payne, in a suit filed in New York federal court Monday.

  • September 18, 2017

    Charter Shorted Time Warner Workers Vacay Pay, Suit Says

    Charter Communications wrongly shorted former Time Warner Cable employees vacation pay in the transition following the telecom giants’ $55 billion merger, according to a putative class action that has been removed to California federal court.

  • September 18, 2017

    Ohio State Seeks To Punt Ex-Player’s Suit To State Court

    Ohio State University on Monday said it hasn’t waived its sovereign immunity over claims that banners hung in the school’s football stadium with former football players’ images violate the Sherman and Lanham Acts, urging a federal court to toss the antitrust claims and send the case to state court.

  • September 18, 2017

    11th Circ. Upholds Harassment Verdict Against Cooling Co.

    The Eleventh Circuit on Monday affirmed a jury verdict awarding $50,000 in emotional damages to a former employee of a water cooling company who claimed her boss sexually harassed her at work, finding the amount was reasonable in light of the evidence.

  • September 18, 2017

    Worker Must Have Meant To Deceive For Bias Suit To Be Nixed

    The Eleventh Circuit ruled Monday that a court cannot just dismiss an employee's discrimination suit against U.S. Steel Corp. because she did not disclose the claims in her bankruptcy petition without first analyzing whether she intentionally meant to mislead the courts with the omission.

  • September 18, 2017

    10th Circ. Bars FCA Suit Based On First-To-File Rule

    The Tenth Circuit on Monday, in a reversal of a lower court’s ruling, shot down a lawyer’s attempt to revive his former client’s False Claims Act suit as a relator, saying the suit is barred under an FCA provision prohibiting new relators from intervening in pending FCA actions.

  • September 18, 2017

    Chipotle Worker Says Overtime Suit Didn't Flout Texas Court

    A Chipotle Mexican Grill Inc. worker who filed a putative class action in New Jersey seeking overtime pay under an enjoined U.S. Department of Labor overtime rule change urged a Texas federal judge on Monday not to hold her and her counsel in contempt over the suit.

  • September 18, 2017

    Benefits To Ex-Avaya Worker's Widow Deemed Unsecured

    The widow of a former Avaya Inc. employee on Monday failed in her bid to have her survivorship benefits treated as an administrative expense rather than any other unsecured claim in the company’s ongoing restructuring in New York bankruptcy court.

  • September 18, 2017

    Ex-NHLer Fights Team, Insurer Bids To Bench Head Injury Suit

    Former NHL “enforcer” Michael Peluso on Friday hit back at motions to dismiss his Minnesota federal suit alleging the New Jersey Devils, St. Louis Blues and insurance companies intentionally hid the dangers he faced from continued head injuries, arguing that his claims fall outside the exclusivity of workers’ compensation frameworks of the states.

  • September 18, 2017

    Chipotle Worker Sexually Harassed, Locked In Freezer: EEOC

    Workers at a California Chipotle locked a coworker in a walk-in freezer after he reported their manager for sexual harassment that included her propositioning him and pantomiming sex acts with vegetables, the U.S. Equal Employment Opportunity Commission charged Monday in California federal court.

  • September 18, 2017

    8th Circ. Urged To Reverse $75M Union Pacific Tax Refund

    The IRS on Friday urged the full Eighth Circuit to rethink a panel decision awarding Union Pacific a $75 million tax refund, saying the appellate panel misconstrued what qualifies as deductible employee compensation.

  • September 18, 2017

    Boston Cops Get March Trial Date In Drug-Test Bias Dispute

    A Massachusetts federal judge told the city of Boston’s police department on Monday that it could not avoid a bench trial in a long-running dispute with black officers about whether its old drug-testing policies violated discrimination law.

  • September 18, 2017

    DOL Defends Authority To Issue Fiduciary Rule At DC Circ.

    The U.S. Department of Labor told the D.C. Circuit on Friday that it had the authority to promulgate its fiduciary rule for retirement account advisers, disputing the National Association for Fixed Annuities’ claim that the rule runs contrary to congressional intent.

  • September 18, 2017

    NCAA Concussion Class Blasts $6M Fee Request

    A class of student-athletes in multidistrict litigation against the NCAA over head injuries blasted a fee request from attorneys for the lead objector to their $75 million settlement on Friday, telling an Illinois federal court that the changes secured aren’t worth the $6 million the attorneys want.

  • September 18, 2017

    Bar On NFL’s Suspension Of Elliott Will Remain, Judge Says

    A Texas federal judge on Monday said the National Football League cannot hold off his decision to pause Dallas Cowboys star Ezekiel Elliott’s six-game domestic violence suspension, handing the running back another legal victory that will keep him playing this season.

Expert Analysis

  • Rebuttal

    Assessing 'The Value Of Class Actions'

    Andrew Pincus

    In a recent Law360 opinion piece, Gary Mason claimed that class actions provide “significant benefits” to class members. But the study he conducted to support this conclusion shows just the opposite, says Andrew Pincus of Mayer Brown LLP.

  • Clarifying A Bankrupt Employer’s WARN Act Obligations

    Robert Lewis

    The Third Circuit issued a significant decision this month in Varela v. AE Liquidation that highlighted the interplay between the Bankruptcy Code and the Worker Adjustment and Retraining Notification Act. Employers should bear in mind the Third Circuit’s warning that the “probability” test it adopted to determine if a bankrupt employer must provide 60 days’ notice of a mass layoff is an objective one, says Robert Lewis of Baker McKenzie.

  • Calif. Employer Questions After Charlottesville

    Genie Harrison

    The recent example of Cole White — an employee who resigned from his job after being pinpointed on social media for attending the white nationalist rally in Charlottesville, Virginia — highlights several questions about California labor laws and shows why employers must pay close attention, says Genie Harrison of the Genie Harrison Law Firm.

  • Diversity In The Legal Profession — A Stubborn Vision

    Robert Grey

    At the Leadership Council on Legal Diversity, we want to see, as founding member and Microsoft chief legal officer Brad Smith once stated, “a legal profession as diverse as the nation we serve.” We are not there yet — far from it — but we are beginning to put some numbers on the board, says Robert Grey, president of the Leadership Council on Legal Diversity.

  • Opinion

    New Salary History Laws Crimp Attorney Hiring Process

    Fredric Newman

    In prohibiting employers from asking potential hires about their previous salaries, lawmakers seek to "level the playing field." But there are real problems with the practicality, legality and enforceability of many of the salary history laws, says Fredric Newman, a founding partner of Hoguet Newman Regal & Kenney LLP.

  • Calif. High Court Raises Conflict Issues For Public Entities

    Gregory Rolen

    The California Supreme Court recently held that independent contractors who have been entrusted with entering into transactions on a public entity’s behalf can be held criminally responsible for a conflict of interest. We should have seen this coming and been better prepared, says Gregory Rolen of Haight Brown & Bonesteel LLP.

  • Best Practices For Whistleblower Internal Investigations

    Excerpt from Lexis Practice Advisor
    Jenny Cooper

    There are several issues to consider when assisting employers with investigating whistleblower complaints. Jenny Cooper of Ropes & Gray LLP addresses special issues that often crop up when an organization responds to — or internally investigates — a whistleblower’s complaint of wrongdoing.

  • The Top Employment Cases Of 2017, So Far

    Nonnie Shivers

    While the U.S. Supreme Court’s upcoming decision in the class action waiver case it will hear this October represents unequivocally the biggest thing 2017 will see in terms of employment law, several other cases and developments so far in 2017 are also worthy of discussion, says Nonnie Shivers of Ogletree Deakins Nash Smoak & Stewart PC.

  • Clarifying FCRA Stand-Alone Disclosure Rule At 7th Circ.

    Steven Pearlman

    The Seventh Circuit's recent decision in Groshek v. Time Warner Cable is a valuable win for employers, as it provides important guidance as to what does not constitute a concrete injury with respect to the Fair Credit Reporting Act stand-alone disclosure rule, say attorneys with Proskauer Rose LLP.

  • What 'Employers' Should Know As Summer Interns Move On

    Shlomo Katz

    As August winds down, some of the workplaces that welcomed interns last spring may wonder if they might face a lawsuit for wages and overtime under the Fair Labor Standards Act. While such lawsuits were trending just a few years ago, several court rulings have put a damper on such litigation, says Shlomo Katz of Brown Rudnick LLP.