Employment

  • July 18, 2017

    Bias Ruling Casts Doubt On Blanket Workplace Pot Bans

    Massachusetts’ highest court ruled Monday that employers can be held liable for disability discrimination if they fire an individual for using legally prescribed marijuana, an interpretation attorneys say could spread to other states and force employers to consider making exceptions to drug-free policies to accommodate workers’ medical needs.

  • July 18, 2017

    Jury Awards 11 Property Co. Workers $2M In Wage Row

    A California federal jury Monday awarded 11 Field Asset Services workers more than $2 million in total damages in the first of multiple class action trials that will determine how much the property servicing company must pay 200 workers for misclassifying them as independent contractors.

  • July 18, 2017

    10th Circ. Partly Revives Contractor's Racial Bias Claims

    The Tenth Circuit affirmed Tuesday that a contractor didn’t have to face racial discrimination claims by a Native American-owned subcontractor on a Colorado county construction project, but said a lower court wrongly threw out a claim that the previous lead contractor on the job had a part in the subcontractor's firing.

  • July 18, 2017

    Pa. Panel Axes $38M Punitive Award In Work Shooting Suit

    A Pennsylvania appeals court Tuesday threw out a $38.5 million punitive damages award over a fatal workplace shooting after agreeing that a claim for outrageous conduct on the part of a security company had been improperly thrown back into the case in the midst of trial.

  • July 18, 2017

    Ohio Health Care Providers Pay $19.5M To Settle FCA Claims

    One of Ohio's largest nursing home operations will pay $19.5 million to settle False Claims Act allegations that three companies and two executives improperly sought Medicare reimbursement for medically unnecessary rehabilitation and hospice services, the U.S. Department of Justice said Monday.

  • July 18, 2017

    Claims Court Denies Special DOD Pay Without Combat 'Nexus'

    A Court of Federal Claims judge on Tuesday rejected a former U.S. Navy nurse’s bid for special disability retirement pay, ruling a naval board had reasonably found that only those directly involved in combat were eligible for the special compensation.

  • June 16, 2017

    Grubhub Seeks Sanctions Over Info Leak in Row With Driver

    Grubhub Inc. on Thursday moved for sanctions in California federal court against a lead plaintiff’s legal counsel in a proposed wage-and-overtime class action, accusing his legal team of violating a protective order in the case by publicly disclosing nearly 300 pages of material designated as “confidential.”

  • July 18, 2017

    Houston Law Firm Sues Recruiter Over Atty's Credentials

    A Houston personal injury law firm filed a lawsuit Monday against legal recruiting firm Brooke Staffing Companies Inc., alleging that it misrepresented the qualifications of an attorney the firm hired by claiming he could handle a voluminous docket without assistance, when he actually lacked a “basic rudimentary understanding” of the docket.

  • July 18, 2017

    Jones Day Partner Tapped For DOJ Made $2.2M Last Year

    The U.S. Department of Justice's Civil Rights Division's potential new chief raked in just over $2.2 million from Jones Day last year, according to a financial disclosure that offered a rare peek into the global firm's senior-level compensation.

  • July 18, 2017

    Rising Star: Cohen Milstein's Kalpana Kotagal

    Cohen Milstein Sellers & Toll PLLC’s Kalpana Kotagal is dedicated to advocating for equity and diversity in the workplace, including by representing tens of thousands of women who have accused Sterling Jewelers Inc. of widespread gender bias, earning her a spot as one of five employment law practitioners under age 40 honored by Law360 as Rising Stars.

  • July 18, 2017

    AFL-CIO Urges 'No' Vote On NLRB Nominees

    The AFL-CIO’s government policy chief on Tuesday urged senators not to confirm government attorney Marvin Kaplan and management-side labor attorney William Emanuel to the National Labor Relations Board, a day before a subcommittee decides whether to send their nominations to the Senate floor.

  • July 18, 2017

    Mine Regulators Can Seek Personnel Files, 6th Circ. Says

    A divided Sixth Circuit panel on Tuesday backed a request by federal mine safety regulators for a Kentucky coal company's personnel records as part of an employee discrimination investigation, saying the request was authorized under the Mine Act and didn't violate the company's Fourth Amendment rights.

  • July 18, 2017

    Veeva Systems Sues Rivals Over Noncompetes In California

    Cloud computing company Veeva Systems sued a trio of competitors in California state court Monday, seeking to invalidate the restrictive covenants they’ve used to block Veeva from poaching their workers and saying the agreements are anti-competitive and illegal under state law.

  • July 18, 2017

    Lyft Driver Says No Consent Given To Uber's Tracking

    A former Lyft driver urged a California federal court on Monday to deny Uber’s move to dismiss his proposed class action accusing the company of spying on Lyft drivers’ locations through a software program known as Hell, arguing that he did not consent to Uber tracking his location when he utilized the Lyft app.

  • July 18, 2017

    5th Circ. Says Stuttering Worker Should Have Gone To HR

    The Fifth Circuit on Monday affirmed dismissal of a harassment suit alleging that an engineering company and a staffing firm let a worker’s colleagues and supervisor openly mock his stutter, saying that he should have complained to human resources before filing a charge with the U.S. Equal Employment Opportunity Commission.

  • July 18, 2017

    Scouts Say 9th Circ. Minor Leaguer Ruling Doesn't Apply

    Major League Baseball scouts on Monday disputed the relevance of a recent Ninth Circuit holding dismissing minor league ballplayers’ wage claims under a long-held baseball antitrust exemption, telling the Second Circuit that despite similarities in their claims, that ruling has nothing to do with baseball scouts since scouts are not involved in the business of baseball.

  • July 18, 2017

    House Republicans Lay Out Tax Reform, Spending Plans

    House Republicans on Tuesday unveiled their financial plan for the government next fiscal year, paving the way for tax reform tied to spending cuts in regulations, employee benefits and welfare benefits.

  • July 17, 2017

    Sergeant's Mortgage Not Shielded From Foreclosure: 4th Circ.

    A Fourth Circuit panel on Monday ruled that Wells Fargo Bank NA did not need court approval to foreclose on and sell the Virginia home of an active-duty U.S. Army sergeant, finding the Servicemembers Civil Relief Act does not protect his mortgage because it originated when he was active in the Navy.

  • July 17, 2017

    NJ College Hit With Whistleblower Suit Over VP's Conduct

    A New Jersey community college has been slapped with a whistleblower suit by its purchasing director, who claims she’s being subjected to a hostile work environment because she accused the school of skirting invoicing and contracting rules. 

  • July 17, 2017

    Jet Carriers Can't Bargain Over Pilot Seniority: 6th Circ.

    Flight Options LLC and Flexjet LLC must accept a pilot seniority list that was created by the Teamsters after the two companies merged or, if not, have the matter heard in a grievance arbitration, the Sixth Circuit ruled Monday, saying the issue is not one that should be subjected to collective bargaining.

Expert Analysis

  • 5 Questions To Ask Client Before Proposing A Litigation AFA

    Gregory Lantier

    The first step in assembling an intelligent response to a request for an alternative fee arrangement is for outside counsel to be certain they understand the primary reasons that the client is making the request, say attorneys with WilmerHale.

  • Insights On Avoiding The 'Parental Leave Trap'

    Amanda Wingfield Goldman

    While novel, a recently filed class action charge with the U.S. Equal Employment Opportunity Commission over JPMorgan’s parental leave policy takes a new turn in challenging parental leave policies by arguing that the company's policy relies upon and enforces a stereotype that women are caregivers who should stay home following the birth of a child, say attorneys with Coats Rose PC.

  • 3 Key Areas Legal Operations Teams Should Focus On

    Jaime Woltjen

    These days, legal operations directors can easily get stretched too thin between responsibilities like overseeing support staff and taking on office management responsibilities. Legal operations teams should focus their time and effort on outside counsel management, technology planning and analytics, says Jaime Woltjen of Stout Risius Ross LLC.

  • Clearing Up Broker-Dealer Classification Questions In NY

    David Kleinmann

    A recent decision by the New York State Department of Labor’s Unemployment Insurance Appeal Board provides broker-dealers with greater clarity surrounding job classification of Financial Industry Regulatory Authority-registered representatives working in stockbroker positions. The decision provides a narrow but clear safe harbor for NYSDOL investigations into classification, says David Kleinmann of Tarter Krinsky & Drogin LLP.

  • Recap

    What The Experts Said About High Court Rulings This Term

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    With the U.S. Supreme Court term now concluded, we take a look back at some first impressions from the experts when the most impactful decisions for corporate law were handed down.

  • US Law Firms Face Discovery Of Foreign Clients' Records

    Steven Kobre

    The law relating to the taking of discovery directly from U.S. law firms is evolving in favor of disclosure when documents have been provided to third parties. Law firms must be vigilant in handling their clients' documents or face being responsible for producing them to third parties, say Steven Kobre and John Han of Kobre & Kim LLP.

  • Keeping Up With Ever-Changing Noncompete Laws In Nev.

    Howard Cole

    Less than a year after the Nevada Supreme Court provided new guidance on employee noncompetes, Gov. Brian Sandoval signed Assembly Bill 276, which further changes the law in this area. All employers should be aware of four key areas the new law addresses, say Howard Cole and Jennifer Hostetler of Lewis Roca Rothgerber Christie.

  • 4 Predictions For Value-Based Care And Digital Health

    Ira Parghi

    When it comes to value-based health care, data and data analytics are critical to its delivery, placing digital health at the core of any value-based infrastructure. Ira Parghi and Joanna Bergmann of Ropes & Gray LLP forecast what to expect and what to watch out for at the dynamic intersection of digital health and value-based care.

  • Opinion

    The Future Of Law And The Demise Of The Midsize Firm

    Fredric Newman

    Since 1980, there has been a systemic supersizing of business enterprises, the growth of sovereign wealth, and the emergence of international businesses. The pressure this has put on national and regional law firms to go global or go home is enormous, says Fredric Newman, a founding partner of Hoguet Newman Regal & Kenney LLP.

  • Takeaways From Mechanic's 10th Circ. Sex Harassment Suit

    Yvette Davis

    The Tenth Circuit's recent decision in Jones v. Needham, where it reversed the dismissal of a sexual harassment claim based on "quid pro quo" set of facts, highlights for employers that labels or categories are irrelevant to harassment claims, exhausting administrative remedies is much easier than most employers might appreciate, and more importantly, employers must be vigilant and proactive, says Yvette Davis of Haight Brown & Bonesteel LLP.