Employment

  • January 11, 2018

    Epstein Becker Expands Labor Practice With Ex-MLB Atty

    A former vice president and deputy general counsel for Major League Baseball has joined Epstein Becker Green's employment, labor and workforce management practice as partner in the firm's New York office, the firm said on Wednesday.

  • January 10, 2018

    Tens Of Thousands Of Walmart Workers Win Labor Row Cert.

    A California federal judge granted certification Tuesday to three classes of Walmart workers who claim the big-box retailer underpaid them for missing lunch breaks and did not provide enough information on their pay stubs.

  • January 10, 2018

    Mass. Judge Says Preemption Can’t Absolve Student Loan Co.

    The U.S. Department of Justice told a state court that Massachusetts Attorney General Maura Healey is preempted from suing a behemoth student loan servicer for overcharging borrowers, but the rare move drew sharp remarks Wednesday from both Healey and a state judge who indicated that it failed to impress.

  • January 10, 2018

    1st Circ. Says No Warning Needed In Nonjudicial Navy Case

    A former Navy seaman was not entitled to a “cleansing warning” preventing statements he had made from being used against him in a nonjudicial proceeding, the First Circuit ruled Tuesday, saying the relevant warning clause only applied to court-martials.

  • January 10, 2018

    Ill. Feed Co. Settles Suit Over 2 Workers' Deaths For $6M

    The families of two men who were killed while working for a livestock feed manufacturer will receive $6 million in a settlement that ends their wrongful death lawsuit against the Illinois company, attorneys for both sides told Law360 on Wednesday.

  • January 10, 2018

    States Act To Quell Harassment As #MeToo Momentum Surges

    Lawmakers in New York, California, New Jersey and several other states have recently proposed bills aimed at stamping out workplace sexual harassment by curbing the use of nondisclosure and mandatory arbitration provisions in employment contracts and settlement agreements. Here's an overview of recent developments employers ought to be aware of.

  • January 10, 2018

    FedEx Beats Bias Suit From Worker Who Refused Drug Test

    A Massachusetts federal judge handed a quick win Tuesday to FedEx Corporate Services Inc. in an age and sex discrimination suit brought by a former employee who was fired after refusing to take a company-ordered drug test, saying that the worker knew that declining to take the test could cost him his job.

  • January 10, 2018

    Plaintiffs Will Pick Up Labor Enforcement Slack: Study

    The Trump administration’s expected pullback from big-ticket enforcement litigation will fuel more private lawsuits from plaintiffs firms seeking to “fill the void,” according to a Seyfarth Shaw LLP report issued Wednesday that also found the value of the 10 top workplace class action settlements reached a record $2.7 billion last year.

  • January 10, 2018

    DOJ Cements $24M FCA Deal Over Bogus Dental Care

    A children’s dental clinic chain and the company that manages it will pay $24 million to settle False Claims Act allegations that they inflated their state Medicaid reimbursements by performing unwarranted root canals on babies and other unnecessary procedures, the U.S. Department of Justice said Wednesday.

  • January 10, 2018

    Chase Bank Tellers Stymied On Scope Of Seating Trial

    A California federal judge on Tuesday refused to allow a small group of Chase Bank tellers suing to be provided chairs at work to immediately appeal their request for a clarification on the issue of whether their trial will treat their claims individually or on a collective basis with other tellers in the state.

  • January 10, 2018

    Judge Rejects Jiffy Lube Wage Settlement For 2nd Time

    A Pennsylvania federal judge once again rejected a proposed settlement agreement in a wage-and-hour class action against a Jiffy Lube franchisee, ruling that the agreement could not require employees to waive claims beyond the suit itself.

  • January 10, 2018

    Arizona Coach Buyout Shows Snags Of Firing Amid Scandal

    The University of Arizona fired head football coach Rich Rodriguez earlier this month amid allegations of sexual harassment and an extramarital affair, a situation that highlights the hurdles schools face when terminating coaches caught up in such scandals without buying out their contracts.

  • January 10, 2018

    Mass. Cos. Settle Claims They Flouted State Labor Laws

    Massachusetts Attorney General Maura Healey said Wednesday that two related Brockton-based companies that package and deliver products to restaurants will pay nearly $470,000 to put to rest allegations that they intentionally violated employment laws.

  • January 10, 2018

    Datameer Directors Want Chancery To Affirm Ex-CEO's Ouster

    The directors of big data analytics company Datameer Inc. launched a lawsuit in Delaware Chancery Court on Wednesday in a bid to validate the recent ouster of the company’s co-founder and former CEO from the board.

  • January 10, 2018

    DOL Wins OT Suit After Health Care Co. Shirks Court Orders

    The U.S. Department of Labor won an overtime suit against a Florida home health care staffing service on Wednesday when a Florida federal judge found the company failed to properly request employee paychecks from Wells Fargo as required by an October sanctions order.

  • January 10, 2018

    Ex-Water Splash Employee Wins Appeal In Hague Service Row

    In a long-running trade secrets dispute between a splash pad company and an ex-employee that made it all the way to the U.S. Supreme Court, a Texas appellate court on Tuesday determined the employee didn't receive proper notice of the suit and set aside a trial court's default judgment against her.

  • January 10, 2018

    Skadden Beats Golfer Singh's Sanctions Bid In PGA Tour Suit

    A New York judge on Wednesday declined to sanction Skadden Arps Slate Meagher & Flom LLP attorneys who golfer Vijay Singh had said were making a “frivolous” attempt to reargue a motion in his case claiming the PGA Tour damaged his career with false doping allegations.

  • January 10, 2018

    Feds Fight Boston Officials' Bid To Toss Extortion Suit

    The U.S. government asked a Massachusetts federal court Tuesday to deny an attempt by two Boston officials to toss an extortion suit alleging they forced a music festival organizer to hire local union members, saying there is no new legal basis for dismissal despite a recent appellate ruling.

  • January 10, 2018

    Colo. Landscaper To Pay Back Wages To 53 H-2B Workers

    A Colorado-based landscaper has agreed to pay $524,063 in back wages to 53 employees with H-2B visas to settle allegations that it violated federal employment and immigration law regulations by failing to pay them the wages they were owed, federal labor officials announced Tuesday.

  • January 10, 2018

    Casino Tells 9th Circ. NLRB Ruling Irrelevant In Union Suit

    Casino Pauma has told the Ninth Circuit that a recent National Labor Relations Board decision doesn’t affect the California tribal casino’s challenge to an agency determination that it can't block workers from handing out union leaflets in guest areas, saying the standard the new ruling addresses is a "red herring" in the present action.

Expert Analysis

  • Weighing Wedding Cake Questions At The High Court

    Joel Kurtzberg

    Last week, the U.S. Supreme Court heard oral arguments for Masterpiece Cakeshop v. Colorado Civil Rights Commission. While there are many ways the court could slice this case, it seems likely the vote will be 5-4 with Justice Anthony Kennedy casting the deciding vote, says Joel Kurtzberg of Cahill Gordon & Reindel LLP.

  • Opinion

    Admitting There's A Workplace Bias Problem Is Only Step 1

    Gary Gansle

    If we want to eliminate bias and discrimination in the workplace, from here we need to stop clapping each other on the back for recognizing an obvious problem and move forward to eliminate bias that still exists, says Gary Gansle of Squire Patton Boggs LLP.

  • How Will Hiring With AI Impact Discrimination Claims?

    Amy Strauss

    While artificial intelligence has the potential to limit unwanted biases in a company's hiring process, it's unlikely that using AI will ever completely eliminate the issue, and allegations and lawsuits claiming discrimination in the hiring process will nonetheless persist, says Amy Strauss of Fisher Phillips.

  • Series

    My Supreme Court Debut: No Room For Nervousness

    Jonathan Herstoff

    Although Hamer v. Neighborhood Housing Services was not the first time I had worked on a certiorari petition, it was the first time I had personally taken on a case in which my initial involvement was at the U.S. Supreme Court level, says Jonathan Herstoff of Haug Partners.

  • Series

    Judging A Book: Cooke Reviews 'Constance Baker Motley'

    Judge Marcia Cooke

    Gary Ford's new book, "Constance Baker Motley: One Woman’s Fight for Civil Rights and Equal Justice Under Law," is more than a biography of the first African-American woman to become a federal judge. It presents in vivid detail how her work altered the legal landscape of the United States, says U.S. District Judge Marcia Cooke of the Southern District of Florida.

  • Can Company Counsel Be At Gov't Interviews Of Employees?

    John Irving

    Company attorneys often “demand” to be present for interviews of employees by government agents. But the government’s obligation to permit company counsel's presence depends on the circumstances, and is primarily rooted in attorney ethics rules prohibiting certain contacts with represented parties, says John Irving of Holland & Knight LLP.

  • Calif. '7th Workday' Rule Poses Unexpected OT Consequences

    Edward Anderson

    Increasingly, California employers are encountering demands for "seventh-day" premium overtime payments that present surprising, and potentially costly, unpaid overtime claims. Edward Anderson and Holly Krier of Welch Consulting demonstrate how such claims may appear and suggest a practical solution that California employers can take to avoid them.

  • Keeping Your Law Library Relevant In The Age Of Google

    Donna Terjesen

    Google’s status as a go-to research tool has transformed legal research habits, leading critics to view law libraries as cost centers. Law firms should embrace Google-style research tools and manage costs efficiently in order to position their libraries as valuable assets for years to come, says Donna Terjesen of HBR Consulting.

  • 6 Things You Need To Know About Millennial Jurors

    Zachary Martin

    Millennials are now the largest living generation and comprise one-third of jurors. While it is impossible to generalize a group so large and diverse, trial lawyers should be mindful of certain generational differences, say baby boomer Lee Hollis and millennial Zachary Martin of Lightfoot Franklin & White LLC.

  • Salary Adjustments To Address Pay Inequity: A Primer

    Lisa Harpe

    With the current spotlight on pay equity, prudent employers conduct proactive pay equity studies to identify and remedy potential problems. However, there is little regulatory or professional guidance to address the issue of what to do after identifying unexplained pay differences, say consultants at DCI Consulting Group.