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Employment

  • October 12, 2018

    Citi Says The Law Backs Arbitration Of Ex-Adviser's Bias Suit

    Citigroup Inc. urged the Second Circuit not to pull from arbitration an ex-financial adviser’s suit claiming she was demoted because she’s a woman and canned for calling out insider trading, saying it’s “beyond dispute” she agreed to arbitrate employment-related claims.

  • October 12, 2018

    Mercedes Manager Fired After Laryngectomy Awarded $5M

    A Washington federal jury on Thursday awarded nearly $5 million to a former Mercedes Benz of Seattle finance director who claims he was wrongfully fired after receiving a prosthetic voice box as a result of undergoing surgery for throat cancer.

  • October 12, 2018

    Old Dominion Skips OT For Yard Drivers, Suit Says

    A proposed collective class of yard drivers hit Old Dominion Freight Line Inc. with a wage-and-hour suit in Georgia federal court Thursday, saying the shipping company doesn’t pay them overtime and that the company’s managers told them “that’s just how it is.”

  • October 12, 2018

    O'Reilly Can Arbitrate Ex-Fox Anchor's Defamation Suit

    A New York federal judge has sent to arbitration a defamation suit accusing former Fox News anchor Bill O’Reilly of launching a smear campaign against a former anchor after it was reported that she was one of numerous women who reached settlements stemming from his alleged sexual harassment.

  • October 12, 2018

    7th Circ. Backs Rehiring Of Worker Fired For Stored Gun

    Ameren Corp.’s Illinois unit must rehire a worker it fired for having a gun stored in his truck on company property, the Seventh Circuit ruled Friday, saying a trial court wrongly ruled that an arbitrator shouldn’t have taken the state’s concealed carry law into account when he issued an award reinstating the worker.

  • October 12, 2018

    Edge Fitness Strikes $566K Deal With Workers In OT Suit

    A former Edge Fitness employee on Thursday asked a Connecticut federal judge to approve a more than $566,000 settlement of her putative class action claiming the company underpaid her and others for overtime.

  • October 12, 2018

    7th Circ. Backs Pearson In Severance Pay Sex Bias Case

    A Seventh Circuit panel found Friday that a lower court didn’t drop the ball when it gave Pearson Education Inc. a quick win on a female former employee’s claim that three men were allowed to resign with severance when she wasn’t given the opportunity.

  • October 12, 2018

    Cabela's Tries To Stop Ex-Employees' E-Commerce Startup

    Sporting goods retailer Cabela’s told a Delaware Chancery Court judge in a brief made public late Thursday that a group of former employees should be stopped from launching a new online retail enterprise because it violates their employment agreements.

  • October 12, 2018

    Schneider Drivers Seek Final OK Of $5.75M Deal In Wage Row

    A certified class of truck drivers has asked a Washington federal judge to sign off on a $5.75 million settlement ending claims that Schneider National Carriers Inc. shorted their pay, a deal that would include $1.44 million in attorneys' fees. 

  • October 12, 2018

    NLRB Gives Lumber Co. Win Over Union In Jobs Dispute

    International Longshore and Warehouse Union members were not owed jobs at a newly opened lumber shipping facility in Oregon and violated labor law by picketing when Southport Lumber Co. gave the work to its nonunion employees, a National Labor Relations Board panel said on Thursday.

  • October 12, 2018

    6th Circ. Refuses To Rehear Fiat Worker's Race Bias Suit

    The Sixth Circuit has refused to rehear the racial discrimination case of an African-American clay modeler at Fiat Chrysler whose case was dismissed because she did not list her potential civil claims when filing for bankruptcy as required, even though she had yet to file her suit at that point.

  • October 12, 2018

    Pa. Utility Contractor Cited For Electrocution Incident

    The U.S. Occupational Safety and Health Administration has slapped a Pennsylvania utility contractor with more than a quarter-million dollars in fines after several workers suffered electric shocks, one fatally, at a job site in April, the agency said Friday.

  • October 12, 2018

    Class Attys Defend 'Boss, Give Money' Notice On WeChat

    Attorneys bringing a proposed class action accusing a New York City car service of violating the Fair Labor Standards Act have argued that they should not be sanctioned for posting a notice of the case on the Chinese social media site WeChat in a post titled “Boss, Give Money.”

  • October 12, 2018

    McDonald's Slams Ex-Bush Atty's Call For NLRB Recusals

    McDonald’s has told the National Labor Relations Board to ignore a call by President George W. Bush's chief ethics lawyer for members John Ring and Bill Emanuel to sit out a closely watched joint employment case, saying his legal arguments are flawed and possibly motivated by his opposition to President Donald Trump.  

  • October 12, 2018

    $3.5M Verdict In NJ Corrections Agency Bias Row Upended

    A New Jersey state appeals court on Friday upended a more than $3.5 million jury verdict for a corrections officer in his racial discrimination suit against the state Department of Corrections, finding that improper evidentiary rulings deprived the agency of a fair trial.

  • October 12, 2018

    Attys Spar Over Sanctions Bids In Appeal Of $7.5M Uber Deal

    Attorneys representing objectors to a $7.5 million settlement in a California suit alleging Uber Technologies Inc. violated the Fair Credit Reporting Act by conducting background checks without drivers' knowledge told the Ninth Circuit that the settling class counsel’s “unethical” and “outrageous” actions are muddying their appeal.

  • October 12, 2018

    NLRB Blesses DuPont's Unilateral Benefits Changes

    DuPont did not break federal labor law when it tweaked union workers’ health benefits without advance notice, the National Labor Relations Board said Thursday in a split, published order reversing a two-year-old ruling that set since-outmoded precedent.

  • October 12, 2018

    USCIS Overstepping Authority With H-1B Regs, IT Group Says

    U.S. Citizenship and Immigration Services is violating various federal regulations by requiring that employers seeking to use H-1B visas list upfront where and when employees will work during the time the worker will use the visa, an information technology trade organization said in District of Columbia federal court on Thursday.

  • October 11, 2018

    Fidelity Asks 1st Circ. To End Decade-Old Whistleblower Case

    Fidelity Investments has asked the First Circuit to uphold a jury verdict absolving the company of terminating a finance director who won whistleblower protections from the U.S. Supreme Court then lost her claims of retaliation at trial, calling for the end of the former employee’s decade-old lawsuit.

  • October 11, 2018

    DOL Recovers $2.5M In Wages From 4 Employers

    The U.S. Department of Labor recently recovered about $2.5 million in back wages for workers over four investigations, the agency announced this week.

Expert Analysis

  • Series

    Judging A Book: Block Reviews 'Tough Cases'

    Judge Frederic Block

    In a new, extraordinary book, "Tough Cases: Judges Tell the Stories of Some of the Hardest Decisions They’ve Ever Made," 13 of my judicial brethren have courageously and dramatically humanized the judicial process, says U.S. District Judge Frederic Block of the Eastern District of New York.

  • Tax Benefits Of Structured Settlements In Employment Cases

    Lars Johnson

    With employment cases on the rise and many statutory provisions favoring plaintiffs, there are settlement-related tax implications that plaintiffs attorneys should be aware of and plan ahead for, say Lars Johnson of Signature Resolution and David Lesser of Millennium Settlements.

  • Tips For Offering Student Loan Benefits Under 401(k) Plans

    Richard Chargar

    The IRS recently allowed an employer to make nonelective 401(k) plan contributions for employees repaying student loans. This private letter ruling is instructive for other employers wishing to provide similar tax-favored benefits for employees unable to contribute to their retirement savings, say attorneys at Kelley Drye & Warren LLP.

  • 8 Innovative Ways To Empower Jurors

    Christopher Campbell

    Much time and attention have been focused on improving lawyers' abilities to communicate with and persuade juries in complex trials. But it is equally important to equip and prepare jurors to become better students in the courtroom, say attorneys with DLA Piper and Litstrat Inc.

  • Navigating The New Mass. Noncompete Morass

    Erik Weibust

    Massachusetts' new noncompete law will take effect on Oct. 1. Erik Weibust and Robert Fisher of Seyfarth Shaw LLP address some of its more confusing provisions and how employers can comply without major disruption to how they are currently doing business.

  • Cloud Computing Clearly The Future For Small Firms

    Holly Urban

    While in-house technology investments on the scale and complexity needed to compete with large firms remain cost prohibitive for small and midsize law firms, cloud-based services offer significant cost savings and productivity gains with little to no capital investment, says Holly Urban of Effortless Legal LLC.

  • Roundup

    Navigating NLRB

    Navigating NLRB

    Employers today face a host of modern labor law issues amid a continually changing political and legal landscape. In this Expert Analysis series, former National Labor Relations Board members provide insights on recent issues before and within the board.

  • EEOC And NLRB Inconsistent On Confidential Investigations

    Mehreen Rasheed

    Although the U.S. Equal Employment Opportunity Commission recommends that employers maintain the confidentiality of internal sexual harassment investigations to the extent possible, this recommendation may conflict with a 2012 ruling by the National Labor Relations Board, says Mehreen Rasheed of Katz Marshall & Banks LLP.

  • Leveraging Today's Lateral Associate Market

    Darin Morgan

    With the Milbank/Cravath pay scale once again equalizing compensation at many Am Law 100 firms, there is even more pressure for firms to differentiate themselves to top lateral associate candidates. This presents strategic considerations for both law firms and lateral candidates throughout the recruitment process, says Darin Morgan of Major Lindsey & Africa.

  • Series

    Navigating NLRB: The Intersection Of Politics And Policy

    Brian Hayes

    Several practical considerations have rendered the process of populating the National Labor Relations Board increasingly partisan. But even in the absence of curative legislation, there are some measures that could improve the practice, says Brian Hayes, former member of the NLRB and shareholder at Ogletree Deakins Nash Smoak & Stewart PC.