Employment

  • May 18, 2017

    Jackson Lewis Nabs Seasoned Schiff Hardin Employment Atty

    Jackson Lewis PC announced that it has lured a veteran labor and employment litigator from Schiff Hardin LLP to join the firm's Dallas office as a principal.

  • May 18, 2017

    ADT Can't Hold Vote To Oust Union Post-Merger, NLRB Says

    A split National Labor Relations Board reversed a decision directing a union election at ADT LLC offices in Texas on Wednesday, finding a merger that introduced new technicians into the workforce does not necessitate an election because the Communication Workers of America never claimed to represent these additions.

  • May 18, 2017

    Painkiller Battles Loom Over NFL Despite Early Success

    A California federal judge this week decimated a lawsuit claiming 32 NFL teams and team doctors pushed players to abuse prescription painkillers, though the threat of an appeal and other individual claims over what some former players argue is a pervasive problem will continue to hang over the league.

  • May 18, 2017

    Jimmy John's Aims To Toss Joint-Employer Claim In OT Suit

    Sandwich chain Jimmy John's on Wednesday asked an Illinois federal court to toss in part an overtime compensation suit against it, arguing that courts are nearly unanimous in saying that franchisors are not joint employers of their franchisees’ workers.

  • May 18, 2017

    Gov't Asks Judge To Review 9th Circ. Reading In FCA Case

    The U.S. government asked a California federal judge on Wednesday to reconsider a portion of his order tossing a whistleblower’s $1 billion False Claims Act suit against Raytheon regarding a subcontract for satellite sensors, saying it was partly based on an incorrect reading of a Ninth Circuit decision. 

  • May 17, 2017

    Erykah Badu Defamation Suit May Turn On 'Manager' Meaning

    As singer Erykah Badu asked a Texas appellate court to toss an ex-employee's defamation suit against her, the judges homed in on whether Badu’s reference to a “manager” should be treated as a legal term of art or left up to a jury to interpret.

  • May 17, 2017

    W.Va. Justices Should Weigh Insurance Issue, 4th Circ. Told

    BrickStreet Mutual Insurance Co. on Tuesday asked the Fourth Circuit to seek the West Virginia high court's guidance on a key issue at the heart of Zurich American Insurance Co.'s appeal of a lower court's ruling that it must split with BrickStreet payments of workers' compensation benefits to a worker severely injured at a coal mine.

  • May 17, 2017

    Dems Undo Ill. Budget, Reform Deal As Republicans Cry Foul

    On the same day that Illinois' backlog of bills ballooned to a record $14 billion, Democrats in the Illinois Senate on Wednesday passed a budget for the next fiscal year, but could not garner the votes to make agreed-upon cuts needed to actually implement the spending plan.

  • May 17, 2017

    Ex-US Atty Committed Misconduct With Office Romance: DOJ

    A retired U.S. attorney engaged in misconduct by having a romantic relationship with a subordinate, and the subordinate failed to disclose a spouse’s stock trades, the Justice Department’s Inspector General said Tuesday.

  • May 17, 2017

    Union Didn't Discriminate Against Workers, DC Circ. Says

    The D.C. Circuit handed the National Labor Relations Board a win Tuesday after finding that two Nevada restaurant workers “do not come close to showing” that their union discriminated against them or acted arbitrarily by requiring that certain information related to their dues must be requested in writing.

  • May 17, 2017

    Macy's Accused Of Bias With Background Checks At EEOC

    Macy’s Inc. was hit with a charge at the U.S. Equal Employment Opportunity Commission by a group that advocates for ex-inmates, which alleges the retailer's criminal background check policies are discriminatory, the group’s lawyers at Outten & Golden LLP said Wednesday.

  • May 17, 2017

    Fired NJ County Worker Can't Revive Age Bias Suit

    A New Jersey state appellate court nixed a fired Union County employee’s bid to revive his age discrimination suit on Tuesday, affirming a lower court’s ruling that the former worker couldn’t show that his termination was anything other than a legitimate layoff due to budget cuts.

  • May 17, 2017

    4 Boxes To Check Before Firing An Offensive Employee

    The Second Circuit’s recent ruling that a catering company was wrong to fire a server who tore into his boss and the man's family in a profanity-laden Facebook post highlights the perils of firing an employee who mouths off, attorneys say. Here are four things they say employers should consider before firing a worker over speech.

  • May 17, 2017

    NFL Aims For Quick Win In Charity Gambling Row

    The National Football League told a federal judge in Texas on Tuesday that it was entitled to an early win in a lawsuit brought against it by organizers of a charity event in Las Vegas that was relocated after concerns regarding league gambling rules were raised, because there's no evidence of fraud.

  • May 17, 2017

    Regulatory Reform Package Clears Senate Committee

    The Senate Homeland Security Committee on Wednesday sent five regulatory reform bills to the full body for a vote, all of which are designed to make it harder for executive agencies to promulgate rules.

  • May 17, 2017

    Fired Trump Golf Club Worker Settles Retaliation Suit

    A Donald Trump-owned golf club has settled out of court a former employee's wrongful termination suit alleging she was fired for reporting a manager had sexually harassed her, according to court documents filed in Florida federal court Wednesday.

  • May 17, 2017

    7th Circ. Questions Class Claim In Revived Union Fees Suit

    Although the U.S. Supreme Court has ruled a proposed class of nonunion Illinois home health care aides were improperly charged union fees, at least one Seventh Circuit judge indicated Wednesday she didn’t believe the workers could sue over the fees as a group.

  • May 17, 2017

    Casino Illegally Barred Ex-Worker In Wage Suit, NLRB Says

    The National Labor Relations Board in a split decision ruled Tuesday that a Nevada casino violated federal labor law when it barred a former employee from attending an event at an on-site nightclub because she had filed a Fair Labor Standards Act wage-and-hour lawsuit, ruling that it was an act of retaliation.

  • May 17, 2017

    4th Circ. Won't Revive FMLA Suit Against Gov't Contractor

    The Fourth Circuit on Tuesday ruled that the Family and Medical Leave Act doesn’t require businesses to take employees’ preference into account as to the job they return to as long as both jobs are functionally equivalent, closing the book on a suit accusing a defense contractor of violating the statute.

  • May 17, 2017

    Pittsburgh Can't Impose Building Security Rules, Court Says

    A Pennsylvania appeals court said Wednesday that state law barred the city of Pittsburgh from enacting a new ordinance requiring security officers and service employees in certain commercial buildings and other public spaces to undergo training to respond to emergency situations.

Expert Analysis

  • Title VII Takeaways From Hively V. Ivy Tech

    Andrew Melzer

    The Seventh Circuit's recent opinion in Hively v. Ivy Tech Community College, finding that Title VII extends to sexual orientation, bodes well for victims of sexual orientation discrimination. Such a decision coming out of a widely influential yet relatively middle-of-the-road circuit gives clear cover to panels in other circuits to follow its lead, say Andrew Melzer and James Richardson of Sanford Heisler Sharp LLP.

  • Gov't Nonintervention In Agape And Future FCA Cases

    Joshua Hill

    The Fourth Circuit's recent Agape decision is a reminder that the government’s nonintervention in a False Claims Act case should not be mistaken for government disinterest, says Joshua Hill of Morrison & Foerster LLP.

  • Thinking Fast And Slow About Class Action Reform

    Michael Donovan

    Corporate interests lobbying for H.R. 985, the anti-class action bill recently passed by the U.S. House of Representatives, are the same ones that pushed the Class Action Fairness Act in 2005. That law caused most significant class actions to migrate to federal courts. Ironically, the new bill could return many class actions to state courts, says Michael Donovan of Donovan Litigation Group LLC.

  • The 9-Year Winning Streak Of Virginia ‘Rocket Docket’

    Bob Tata

    Out of 94 district courts, the Eastern District of Virginia has been the fastest civil trial docket in the country for nine straight years. Without micromanaging the process, the EDVA's judges, magistrate judges, and clerks and staff continue to perform at a stunningly efficient level, says Bob Tata of Hunton & Williams LLP.

  • Employment Class Waivers: Which Came First, FAA Or NLRA?

    Bonnie Burke

    Until the U.S. Supreme Court determines whether mandatory arbitration agreements containing class action waivers are enforceable under the Federal Arbitration Act — despite any protections afforded by the National Labor Relations Act — a close reading of recent appellate decisions provides employers with guidance to overcome the current attacks on such agreements, say Bonnie Burke of Lawrence & Bundy LLC and Christina Tellado of Reed Smith LLP.

  • Conn. High Court Sheds Light On 'ABC' Test Application

    Eric Sussman

    The Connecticut Supreme Court's recent decision in Southwest Appraisal Group LLC v. Administrator Unemployment Compensation Act provides helpful guidance for Connecticut employers and makes clear that whether an individual actually performs services for more than one entity is not dispositive of part C under the "ABC" test for determining independent contractor status, says Eric Sussman of Day Pitney LLP.

  • Opinion

    Let's Talk About Half-Hearted Innovation

    Michael Moradzadeh

    Allowing attorneys to telecommute may seem like a great fix for law firms. But without significant changes to the firm's culture, telecommuting is just a patch applied to the problem of attrition, says Michael Moradzadeh, founding partner of Rimon PC.

  • Fox’s Handling Of O’Reilly Complaints Is A Cautionary Tale

    Ann Fromholz

    To be fair, any company can have a Bill O’Reilly in its midst. The question is whether the company does the right thing once it realizes what’s going on, says Ann Fromholz, a workplace investigation attorney and founder of The Fromholz Firm.

  • How Due Process Limits Personal Jurisdiction

    Daniel Jaffe

    For purposes of general jurisdiction, multinational or multistate companies must consider the litigation attributes of the state where they choose to incorporate, or locate their principal place of business, as well as where they locate relatively large portions of their operations. Personal jurisdiction issues in each state should be assessed as part of sound risk management, says Daniel Jaffe of Husch Blackwell LLP.

  • Deciphering DC's New Universal Paid Leave Law

    Bill Miossi

    Washington, D.C.’s Universal Paid Leave Amendment Act of 2016 became effective earlier this month, instituting one of the nation’s most expansive paid leave laws. Yet, even as the act takes effect, uncertainty about how the law will work in practice persists, say Bill Miossi and Scott Phillips of Winston & Strawn LLP.