Employment

  • November 15, 2017

    NFL's Ezekiel Elliott Drops Suspension Appeal At 2nd Circ.

    Dallas Cowboys star running back Ezekiel Elliott has dropped his appeal of a domestic violence suspension at the Second Circuit and will sit out the next five games, his agent and attorney announced Wednesday.

  • November 15, 2017

    DOL Solicitor Pick Queried On Arbitration, Harassment

    Kirkland & Ellis partner Kate O’Scannlain said at a Senate hearing Wednesday to confirm her for the U.S. Department of Labor’s top legal post that employer arbitration clauses “are problematic” when confronting workplace harassment, but she stopped short of supporting their elimination despite agreeing they can keep women unaware of serial harassers.

  • November 15, 2017

    Senate Confirms Ex-Coal Exec For Mine Safety Post

    The U.S. Senate on Wednesday confirmed a former coal executive who was President Donald Trump's pick to serve as the nation's top mine safety regulator on a strict party-line vote.

  • November 15, 2017

    Philly Parking Official Says Tabloid Smeared His Image

    The chairman of the Philadelphia Parking Authority sued the parent of the Philadelphia Daily News in state court Tuesday, contending that the tabloid defamed him by putting his image on the cover alongside language suggesting that he was either Vince Fenerty, the alleged serial sexual harasser who led the agency, or that he tried to financially reward Fenerty’s conduct.

  • November 15, 2017

    Au Pair Co. Pauses Wage Suit To Appeal Arbitration Denial

    A Colorado federal judge Wednesday paused a proposed class action filed by au pairs alleging that multiple sponsor agencies colluded to set low pay rates so that one of the agencies can appeal to the Tenth Circuit the court’s decision not to compel arbitration.

  • November 15, 2017

    American Airlines Dodges Mechanic's Discrimination Suit

    American Airlines Inc. will not face a racial discrimination suit brought by a man who claimed he wasn’t hired for a mechanic job because he is black, a California federal judge said Tuesday, permanently grounding the lawsuit after the man missed filing deadlines.

  • November 15, 2017

    House Committee Presses Acosta On OT, Fiduciary Rules

    Labor Secretary Alex Acosta’s comments Wednesday at a U.S. House of Representatives workforce committee hearing on his agency’s priorities were short on policy specifics, including only nuggets of information on key labor issues such as the agency’s rules on overtime pay and retirement savings advice.

  • November 15, 2017

    Ex-Boston Union Treasurer To Plead Guilty To Embezzlement

    A veteran organizer of Boston’s service industry union agreed on Wednesday to plead guilty to embezzling more than $170,000 over five years.

  • November 15, 2017

    Lowe's Partially Escapes Employee's Age Discrimination Suit

    An Oregon federal judge on Tuesday trimmed an age discrimination lawsuit filed by an employee against Lowe's Home Centers LLC alleging the company fired her for using accrued sick days, finding that the 55-year-old had failed to allege sufficient facts to suggest that the company had a policy of fabricating issues in order to fire older employees.

  • November 15, 2017

    11th Circ. Says Judge Jumped Gun In Nixing Wage Suit

    The Eleventh Circuit breathed new life into a construction worker’s wage and hour lawsuit against his employer Tuesday, saying a lower court judge improperly tossed the case of his own accord without first notifying the worker about procedural issues.

  • November 14, 2017

    Harvey Weinstein Faces New Suit Over Alleged Hotel Rape

    Harvey Weinstein and the company that bears his name were hit with a lawsuit in Los Angeles Superior Court on Tuesday accusing the disgraced film producer of raping an actress in early 2016, and his related companies of allowing him to do it.

  • November 14, 2017

    NFL Removes CTE Suit, Citing Labor-Management Law

    The NFL on Tuesday removed a lawsuit filed by Aaron Hernandez’s daughter to Massachusetts federal court, saying that her complaint, which seeks to hold the league and others accountable for her deceased father’s development of severe chronic traumatic encephalopathy, is based on a claim that arises under federal law.

  • November 14, 2017

    Mattel Seeks Toss Of MGA Trade Secret Claim In Bratz Saga

    Mattel urged a California judge on Tuesday to toss out the latest claims from MGA Entertainment alleging stolen trade secrets in a 13-year-old, $1 billion legal battle between the rival toy companies stemming from the design of Bratz dolls, saying the suit is time-barred based on MGA’s earlier suspicions of alleged wrongdoing.

  • November 14, 2017

    Moet’s Joint $1.95M Wage Deal With Models Gets Initial OK

    A California judge on Tuesday gave an initial green light to Moet Hennessey USA and Strategic Experiential Group’s collective $1.95 million deal that resolves a putative class action brought by models, brand ambassadors and logistics personnel who claim they were misclassified as independent contractors.

  • November 14, 2017

    Chicago Atty Sues Firm Over Termination While Pregnant

    A Chicago-based immigration attorney filed suit against her former employer, Katz Law Office Ltd. in Illinois federal court Monday, claiming she was wrongfully terminated from her job at the firm last year while six months pregnant.

  • November 14, 2017

    FBI Dodges Muslim Worker's Bias Claim At DC Circ.

    A D.C. Circuit panel affirmed the dismissal Tuesday of a suit alleging the FBI revoked a worker’s security clearance due to his Muslim faith because he didn’t make this argument before the bureau, with one judge rejecting the government’s claims the revocation is unreviewable.

  • November 14, 2017

    DOJ Fights Whistleblower 'Windfall' In $280M FCA Deal

    The U.S. Department of Justice told a California federal court Monday not to award a whistleblower $78 million of a $280 million settlement for her work in prosecuting a False Claims Act suit against Celgene Corp. over the alleged promotion of off-label uses for two cancer drugs, saying $65 million is enough.

  • November 14, 2017

    Gordon Rees Atty Out Of Mgmt. For Harassment Remarks

    A Gordon & Rees LLP executive leader who said on a cable news program that legitimate victims of sexual harassment are “few and far between” has resigned from her management roles at the firm.

  • November 14, 2017

    Miami Children's Hospital Sheds Doctors' False Ad Claim

    A Florida federal judge ruled Monday that a physicians group failed to support a false job-advertising claim against Miami's Nicklaus Children's Hospital, a former partner and a hospital-owned practice, and that the suit's remaining claims belong in state court.

  • November 14, 2017

    5th Circ. Won't Rethink Undoing Of $663M Guardrail Ruling

    The Fifth Circuit on Tuesday refused to reconsider overturning its $663 million judgment against Trinity Industries Inc. in a False Claims Act suit for allegedly making defective highway guardrails.

Expert Analysis

  • Roundup

    Making Pro Bono Work

    Pro Bono Thumbnail

    In this series, attorneys explore the challenges and rewards of pro bono volunteering in the legal profession.

  • Being There: Preparing Witnesses For Depositions

    Alan Hoffman

    Preparing witnesses to be deposed is a critical element of discovery. It is important to remember that each witness is an individual with unique personal qualities, strengths and weaknesses. Getting to know the witness helps establish rapport and trust, says Alan Hoffman of Husch Blackwell LLP.

  • 5 Ongoing Collective Bargaining And Organizing Challenges

    Steven Gutierrez

    Most expect that the current White House and federal agencies will take a more business-friendly approach than in recent years. But when it comes to responding to union organizing campaigns and negotiating collective bargaining agreements, employers still face wide-ranging challenges, says Steven Gutierrez of Holland & Hart LLP.

  • A Common-Sense Approach To Conversion In Digital Age

    Harvey Wolkoff

    Courts have openly struggled with whether electronic data satisfy conversion’s “tangibility” requirement. But in Children’s Hospital v. Cakir, a Massachusetts federal judge recently made clear that conversion provides a recourse for owners of electronic data that is destroyed or stolen, say attorneys with Ropes & Gray LLP.

  • Confronting The Opioid Emergency In The Workplace

    Joanne Bush

    On Thursday, President Donald Trump directed the government to declare America’s opioid crisis a nationwide public health emergency. Employers are inevitably experiencing the effects of this epidemic in the workplace and as a result, facing uniquely challenging legal issues, say attorneys with Jones Day.

  • Series

    Making Pro Bono Work: The Sidley-Exelon Partnership

    Kelly Huggins

    Exelon Corp. and Sidley Austin LLP have been working together on both short- and long-term pro bono matters for the past 10 years. We offer a glimpse of how we got started and what we have done in the hope that other corporate legal departments and law firms might find ways to work together to meet the legal needs of the poor, say Kelly Huggins, pro bono counsel at Sidley Austin, and Margaret Balsley-Cross, assistant general counsel at Exelon.

  • Recipe For Legal Project Management: Look To BBQ Champs

    Anthony Rospert

    As a master certified barbecue judge with the Kansas City Barbeque Society, I have noticed that the top pitmasters follow a consistent process in approaching each and every competition. Their "secret sauce" — employing project management principles — can also help lawyers achieve success, says Anthony Rospert of Thompson Hine LLP.

  • Does NFL's 'Reasonable Person' Standard Go Long?

    Drew Sherman

    After instituting concussion protocols, the NFL determined it will most likely be found to have acted reasonably and not be found negligent by the courts. But given the recent lawsuit filed by Aaron Hernandez’s fiancee, the NFL and its teams should expect a new version of the concussion class action, says Drew Sherman, co-head of entertainment and media at ADLI Law Group.

  • Series

    Making Pro Bono Work: Can You Practice In Your State?

    Eve Runyon

    The justice gap is a well-documented problem and over the past two decades, law firms have mobilized attorneys to provide millions of hours of pro bono every year. But for many in-house counsel, there remains a big hurdle — restrictive multijurisdictional practice rules, says Eve Runyon, president and CEO of Pro Bono Institute.

  • New Employer Challenges After Calif. Ban On Pay Inquiries

    Megan Winter

    California recently strengthened its equal pay protections for employees by passing AB 168, which prohibits companies from making inquiries into job applicants' salary history. The new law creates additional compliance challenges for employers because of its broad scope and because the applicant does not have to show damage or harm from the inquiry, says Megan Winter of Fisher Phillips.