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Employment

  • January 10, 2019

    5th Circ. Says Humana Can't Seal Docs In Antitrust Row

    The Fifth Circuit ruled Wednesday that Humana can't keep under seal documents that a Louisiana federal court has ordered it to file public but redacted versions of in an antitrust row, finding that the insurer didn't have a good reason to seal the documents to begin with.

  • January 10, 2019

    High Court Asked To Decide If Labor Law Applies To Tribes

    A California tribal casino has asked the U.S. Supreme Court to review a ruling that it can’t block workers from handing out union leaflets in guest areas, saying the Ninth Circuit’s application of the Chevron doctrine furthered a circuit split regarding whether the National Labor Relations Act applies to tribes.

  • January 10, 2019

    Ogletree Arbitration Pact Covers Bias Accuser, Judge Says

    A proposed class action accusing Ogletree Deakins Nash Smoak & Stewart PC of bias against women could be headed to arbitration after a California federal judge said Wednesday the firm’s arbitration agreement covers attorney Dawn Knepper even though she didn’t sign it.

  • January 10, 2019

    LA Teacher Strike OK'd After Judge Says Proper Notice Given

    Tens of thousands of teachers in Los Angeles County on Thursday won approval to strike next week after a California state judge rejected the L.A. Unified School District’s bid to block the union action, finding the union gave 10 days' notice as legally required by the collective bargaining agreement.

  • January 10, 2019

    GrubHub Fights Ex-Driver's Bid To Undo Contractor Ruling

    GrubHub told the Ninth Circuit on Wednesday that the California Supreme Court's Dynamex ruling establishing a new worker classification standard doesn't disturb a federal judge's finding that an ex-driver was an independent contractor and not an employee in a proposed class action over unpaid wages and overtime.

  • January 9, 2019

    Uber Wins DQ Of Opposing Attys In Unfair Competition Case

    A California federal judge agreed with Uber Technologies Inc. on Wednesday that a conflict of interest involving its opponents' attorneys at Keller Lenkner LLC is grounds to boot them from a case claiming the ride-hailing company misclassifies its drivers as independent contractors to gain a competitive edge.

  • January 9, 2019

    9th Circ. Urged To Keep Injunction On 'Transgender Ban'

    The Washington state attorney general on Wednesday pushed back against the Trump administration’s assertion that a D.C. Circuit decision lifting a single injunction against the military “transgender ban” policy meant a separate injunction should be lifted, telling the Ninth Circuit that efforts made to overhaul the initial ban were not significant enough.

  • January 9, 2019

    Papa John's 'No Poach' Antitrust Suits Consolidated In Ky.

    Three suits accusing Papa John's of making illegal no-poach agreements between its franchises were consolidated in a Kentucky court by a New York federal judge Wednesday.

  • January 9, 2019

    NYC's PTO Plan Highlights Pro-Worker Push By Cities, States

    New York City’s mayor said Wednesday he will pursue legislation requiring many businesses to give workers two weeks of paid time off, and California’s governor may soon float a plan to give new parents six months of paid family leave — proposals that would rank among the nation’s most generous for workers.

  • January 9, 2019

    Norwegian Cruise Gets Award OK'd In Ex-Worker Dispute

    A Florida federal judge on Wednesday affirmed an arbitration award rejecting a worker’s claims that Norwegian Cruise Lines should pay for back surgery she said was necessary after she fell at work, concluding that a federal magistrate judge’s report recommending confirmation was spot-on.

  • January 9, 2019

    Payday Lender Nixes Noncompetes To Settle Ill. AG's Suit

    Payday lender Check Into Cash's Illinois subsidiary has agreed to stop imposing highly restrictive noncompete agreements on the low-wage customer service employees at its 33 locations statewide, according to Illinois' attorney general.

  • January 9, 2019

    MetLife Can't Escape Suit Over Postal Worker's Death

    A New Jersey federal judge declined to toss a suit seeking accidental-death benefits from Metropolitan Life Insurance Co. by the children of a U.S. Postal Service worker who froze to death, ruling Tuesday that the insurer based its dismissal bid on information it had refused to provide the children.

  • January 9, 2019

    NFL Cleared To Seek Arbitration Of Security Officials' Suit

    A Manhattan federal judge told the NFL on Wednesday to go ahead and seek arbitration in a suit by security officials who say they were wrongly treated as independent contractors, rejecting the plaintiffs' contention that court-sponsored mediation should take place first.

  • January 9, 2019

    Claims Court Backs DOL Canceling Veteran Services Deal

    The U.S. Department of Labor’s decision to cancel a solicitation for veteran transition assistance services following related protests and legislative changes was rational and therefore allowed, even if it could have pursued other options, a Court of Federal Claims judge ruled in a decision made public Wednesday.

  • January 9, 2019

    Two House Dems Ask NLRB To Pull Back Joint Employer Rule

    Two Democratic members of the House wrote a letter to the National Labor Relations Board asking its chairman not to narrow its joint employer test under the National Labor Relations Act, saying a recent D.C. Circuit decision affirmed a broader standard.

  • January 9, 2019

    Wellstar Beats Ex-Worker's Disability Bias Suit At 11th Circ.

    The Eleventh Circuit on Wednesday refused to revive a former WellStar Health System Inc. worker’s claims that she was wrongfully terminated and retaliated against for having disabilities and taking medical leave, finding that her employer’s belief that she flouted company policy was a valid reason to fire her.

  • January 9, 2019

    Class Action Deals Shrink As Epic Systems Looms: Seyfarth

    The value of the biggest employment class-action deals cratered in 2018 after hitting an all-time high in 2017, and plaintiffs’ payouts will only get smaller as the U.S. Supreme Court’s Epic Systems ruling ripples through the courts, according to a recent report on class action litigation trends from Seyfarth Shaw LLP.

  • January 9, 2019

    Au Pairs Secure $65.5M Settlement In Antitrust Wage Dispute

    Several sponsorship agencies for au pairs have agreed to a $65.5 million deal in Colorado federal court that would settle allegations in a class action alleging that they colluded to suppress the child care workers’ wages.

  • January 9, 2019

    NFL Pulls 'Cynical' Concussion Appeal Just Before Hearing

    The NFL on Wednesday withdrew an explosive appeal in the landmark concussion settlement that had outraged attorneys representing the brain-damaged players covered by the deal, just one day before it was to be discussed at a much-anticipated hearing in Pennsylvania federal court.

  • January 9, 2019

    Mortgage Lender's Arbitration Agreement Stands In Wage Row

    A California appellate court has reversed a lower court decision denying a retail mortgage lender’s bid to force a former employee to arbitrate individual claims made in his wage-and-hour suit, finding an arbitration agreement in place was mostly up to snuff except for a section that should be severed.

Expert Analysis

  • Is A Federal Shutdown Your Next Holiday Surprise?

    J. Chris Haile

    If the federal government shuts down on Friday, the issues contractors face will vary depending on their government counterparts and individual agreements, but all should assess the likely impacts on their operations and make contingency plans, say attorneys at Crowell & Moring LLP.

  • Questions Follow 9th Circ. Solidification Of Escobar Test

    Jessica Westerman

    By declining to reconsider U.S. v. Stephens Institute, the Ninth Circuit forfeited an opportunity to outline the contours of the so-called Escobar test for claiming implied false certification liability under the False Claims Act, and to explain how it differs from the test that came before it, say attorneys at Katz Marshall & Banks LLP.

  • EB-1 Backlogs: The New Reality

    Courtland Witherup

    If a recent U.S. Department of State prediction concerning final action dates for EB-1 visas proves true, the category will never become current this fiscal year. Such a prolonged backlog is not only unprecedented but alarming, say Courtland Witherup and Adam Rosser of Hunton Andrews Kurth LLP.

  • New Reimbursement Obligations For Ill. Employers In 2019

    Christopher Hennessy

    Under an amendment to the Illinois Wage Payment and Collection Act, starting in 2019 employers in the state must meet new employee reimbursement requirements. There are a number of proactive steps companies can take now to mitigate against violations, say Christopher Hennessy and Jeremy Glenn of Cozen O'Connor.

  • Calif.'s Top Employment Law Developments In 2018

    Mellissa Schafer

    Following an influx of new employment laws enacted in California this year, employers in the state once again have their work cut out for them when it comes to addressing and complying with new legislation that mostly takes effect at the start of 2019, says Mellissa Schafer of Hinshaw & Culbertson LLC.

  • Series

    Judging A Book: Mills Reviews 'Mississippi's Federal Courts'

    Judge Michael Mills

    ​​David M. Hargrove's​ new book​,​ "Mississippi’s Federal Courts: A History," is a remarkably candid portrait of the characters and courts serving the state's federal judiciary from 1798 on, and contributes new scholarship on how judges were nominated during the civil rights era, says U.S. District Judge Michael Mills of the Northern District of Mississippi.

  • The Good News For Nonprofits On Transit Benefit Compliance

    George Constantine

    Nonprofit organizations struggling to comply with a new tax on parking and public transit benefits for their employees received three pieces of somewhat good news on Dec. 10. Attorneys at Venable LLP provide the details.

  • Opinion

    Copay Accumulator Plans Put Employers In Legal Jeopardy

    Stacey Worthy

    Health plans that prevent patients from applying any form of drug manufacturer copay assistance toward their deductible — known as copay accumulator programs — not only increase the cost of health care, but have the potential to put businesses in significant legal peril, says Stacey Worthy of Aimed Alliance.

  • Guest Feature

    The Subtle Art Of Fred Fielding

    Fred Fielding

    One of the rare attorneys to serve as White House counsel to two presidents, Fred Fielding of Morgan Lewis & Bockius LLP may be the quintessential Washington insider. Attorney Randy Maniloff asks him to elaborate.

  • Opinion

    Pregnancy Discrimination Protections: We Can Do Better

    Craig Barkacs

    Despite strides toward eliminating workplace pregnancy discrimination in recent decades, protections are still not sufficiently established in our business culture or legal structure, says Craig Barkacs of University of San Diego School of Business.