Employment

  • November 9, 2017

    Cowboys' Elliott Must Serve Suspension, 2nd Circ. Rules

    The Second Circuit on Thursday denied a request by the NFL players union to block Dallas Cowboys running back Ezekiel Elliott's six-game domestic violence suspension, forcing him to start serving the ban.

  • November 9, 2017

    Better Watch Out: How To Avoid Holiday Hiring Pitfalls

    For retailers and other employers that need to add workers to handle a seasonal surge in business, the most wonderful time of the year can seem like a nightmare. Here, experts share advice for how employers can ramp up hiring for the holidays without waking up with a legal hangover in the New Year.

  • November 9, 2017

    4th Circ. Affirms IT Co.’s Win Over Benefit Plan Change

    The Fourth Circuit on Wednesday upheld an information technology company’s quick win in a putative class action accusing it of diminishing retirement plan participants’ benefits through a credit rating amendment, finding that the change comported with company requirements and does not diminish their benefits.

  • November 9, 2017

    NJ Steakhouse Settles Sexual Harassment, Race Bias Claims

    A New Jersey steakhouse has created an anti-discrimination policy, vowed to provide related training to employees and will pay workers $80,000 in order to resolve allegations the restaurant allowed a former manager to sexually harass workers and make racist remarks to Hispanic staff members, the state attorney general's office announced Thursday.

  • November 9, 2017

    W.Va. Casino Raids Tip Pool To Fund Time Off, Dealers Say

    A West Virginia casino owned by Penn National Gaming Inc. got hit with a workers’ wage suit Wednesday as dealers alleged that the casino breaks state and federal law because it relies on a pooled tip fund to finance payment of future paid time off that employees may never receive.

  • November 9, 2017

    Atty Escapes Sanctions In Suit Alleging In-Flight Injuries

    A Pennsylvania federal judge has declined to sanction an attorney representing a woman suing US Airways Inc. over head and neck injuries allegedly caused by in-flight turbulence, saying the airline hasn’t demonstrated any prejudice arising from a contested conversation between the attorney and two flight attendants allegedly represented by opposing counsel.

  • November 9, 2017

    'Search The Personal Emails,' Judge Tells Chadbourne Team

    Six lawyers who had senior positions at the former Chadbourne & Parke LLP, and are accused of underpaying women in a $155 million proposed class action, must search their personal emails for responsive information, a Manhattan federal judge said Thursday.

  • November 9, 2017

    Unions, Republicans Can Find Common Ground, Acosta Says

    Labor Secretary Alex Acosta offered an olive branch to unions Thursday, saying at a legal conference that it’s not true that union leaders and Republicans have to be at odds on every issue.

  • November 8, 2017

    More Tax Bill Changes Coming, Brady Says

    House Ways And Means Committee Chair Rep. Kevin Brady, R-Texas, said Wednesday he aims to offer more changes to the GOP tax bill shortly before the committee finishes debating the bill Thursday, sparking protests from Democrats.

  • November 8, 2017

    Honeywell Doesn't Owe Retirees Health Benefits: 6th Circ.

    The Sixth Circuit on Wednesday ruled that Honeywell International Inc. shouldn’t be on the hook for health benefits that a proposed class of retired factory workers claim they are owed, saying that the company’s obligation to pay the benefits ended when a collective bargaining agreement it had with the workers expired.

  • November 8, 2017

    NY Contractor Files For Ch. 11 After Losing $76M Case

    A major New York construction contractor filed for bankruptcy on Wednesday, weeks after being hit with a $76 million judgment for avoiding paying union fund benefits by doing work under the guise of alter ego companies and mere days after the Second Circuit refused to stay the judgment, according to filings.

  • November 8, 2017

    Ex-Softball Coach Sues Univ., Claiming Anti-LGBT Bias

    Fairleigh Dickinson University’s ex-softball coach on Tuesday sued the school in New Jersey state court, claiming her former employer discriminated against her for being bisexual and fired her for speaking out against bullies on the team in violation of its own policies and state law.

  • November 8, 2017

    Bankrupt GulfMark Can Make $5M Payment To Directors

    A Delaware bankruptcy judge allowed GulfMark Offshore Inc.’s outgoing directors to be paid $5 million in deferred compensation Wednesday, rejecting a bid from noteholders slated to take over the company to block the money because they say it violates the confirmed Chapter 11 plan.

  • November 8, 2017

    Psychiatrist Ducks Libel Claims Over Worker Evaluations

    A psychiatrist ducked libel allegations Wednesday stemming from fitness-for-duty evaluations he conducted on a former Atrius Health Inc. employee, when a Massachusetts federal judge held that the statements he made in the assessments are protected.

  • November 8, 2017

    NY Pension Fund Official Pleads Guilty To Bribery Scheme

    A former New York retirement fund director pled guilty to securities fraud and wire fraud in federal court Wednesday, admitting he gave broker-dealers more than $3 billion in business from the New York State Common Retirement Fund in return for gifts that ranged from expensive meals to prostitutes.

  • November 8, 2017

    United Airlines Latest To Be Sued Under Ill. Biometrics Law

    United Airlines on Tuesday became the latest company hit with a putative class action by employees under the Illinois Biometric Information Privacy Act in a suit claiming United's fingerprint timekeeping system is not living up to all the regulations laid out in the law, including the disposal of former workers' biometric data.

  • November 8, 2017

    School Exec's Whistleblowing Was Free Speech, 3rd Circ. Told

    A former West Chester University budget officer on Wednesday urged the Third Circuit to revive her whistleblower suit alleging the Pennsylvania school asked her to cook the books, arguing that the concerns she raised about her employer’s alleged financial misrepresentations to the government were protected free speech.

  • November 8, 2017

    Worker Sues Aramark, Sweetgreen Over Biometric Policies

    Food services provider Aramark and salad chain Sweetgreen became the latest employers to face proposed class actions under Illinois’ biometric privacy law on Tuesday, with a former cook for both companies taking issue with them requiring workers to clock in using their fingerprints.

  • November 8, 2017

    Ex-NJ Police Officer Gets Disability Bias Suit Revived

    A New Jersey appellate court revived a former police officer’s disability discrimination suit against the Jersey City Police Department on Wednesday, ruling the trial court judge wasn’t in a position to decide the case didn’t have merit.

  • November 8, 2017

    Watchdog Says EPA Takes Too Long On Bias Complaints

    The U.S. Environmental Protection Agency may have grossly mismanaged internal complaints of discrimination by resolving them far more slowly than the U.S. Equal Employment Opportunity Commission requires, the U.S. Office of the Special Counsel said Wednesday in a letter to the White House.

Expert Analysis

  • Arbitration Agreements And FCA: Lessons From 9th Circ.

    Scott Oswald

    In a False Claims Act case last month, the Ninth Circuit rejected a company’s attempt to push its former employee into arbitration under a very broadly worded agreement that she had signed at hiring. The My Left Foot ruling offers some pointers for employees wishing to avoid the tilted field of forced arbitration, say Scott Oswald and Andrew Witko of The Employment Law Group PC.

  • Financial Crisis Anniversary

    The Inside Counsel Revolution

    Ben Heineman

    The role of the general counsel has significantly grown in importance, with the GC now often replacing the senior partner in the outside law firm as the primary counselor for the CEO and the board. This inside counsel revolution was given great impetus by the financial crisis that started 10 years ago, says Ben Heineman Jr., former general counsel of General Electric Co.

  • More Answers On Noncompetes From 7th Circ.

    Eric Amdursky

    The interpretation and enforcement of noncompete agreements in the context of a sale of a business are a frequent source of angst for both the buyer and seller. However, with its recent decision in E.T. Products v. D.E. Miller Holdings, the Seventh Circuit offered guidance on several important questions, say Eric Amdursky and Tyler Runge of O’Melveny & Myers LLP.

  • Opinion

    Australian Football Transgender Ban Is Discriminatory

    Ronald Katz

    Because the recent decision to block transgender female Hannah Mouncey from playing in the women’s Australian Football League was not based on evidence, it is discriminatory against transgender athletes and based on sexual stereotyping. This is a serious civil rights problem, and not only in Australia, says Ronald Katz of GCA Law Partners LLP.

  • Employee Benefits In The Supreme Court

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    Since 1975, the U.S. Supreme Court has issued opinions in 128 employee benefit and Employee Retirement Income Security Act cases. Here, Adam Cohen and Gail Westover of Eversheds Sutherland discuss why employee benefit cases are so prevalent and which Supreme Court justices have participated in these cases the most.

  • Investigating When A Complaining Employee Won’t Cooperate

    Ann Fromholz

    It happens more frequently than one might imagine: A complaining employee, who may be the only person who can provide the details of her complaints, refuses to be interviewed. Whatever the reason for the employee's refusal, the investigator then needs to determine whether and how to investigate without the complainant’s testimony, says Ann Fromholz of The Fromholz Firm.

  • How Arbitrators Maintain Proportionality In Discovery

    Richard Seymour

    There has been much discussion of discovery proportionality in federal litigation since the December 2015 changes to Civil Rule 26. But arbitrators have long used procedures to simplify the discovery process that courts have only recently begun to adopt, says attorney and arbitrator Richard Seymour.

  • The Revolution Of Employer-Sponsored Health Insurance

    Eric Schillinger

    Last week, President Donald Trump issued an executive order regarding the federal laws governing health care and insurance. The order itself does not change the existing rules, but it has the potential to fundamentally transform how employers provide employer-sponsored health insurance, says Eric Schillinger of Trucker Huss APC.

  • A Magical Surprise Hidden In 3rd Circ. Rest Break Opinion

    Ashley Falls

    Last week, the Third Circuit delivered a win for employees with its decision in Secretary U.S. Department of Labor v. American Future Systems, which said the company's rest break policy violated the Fair Labor Standards Act. And, in a fun Friday-the-13th twist, the court managed to cite the "Harry Potter" books while authoring its opinion, says Ashley Falls of Falls Legal.

  • The Law Firm CFO’s Role In The Strategic Planning Process

    Tyler Quinn

    Today's law firm chief financial officer should be involved in many areas beyond traditional financial management, including operations, risk management and information technology. He or she can support strategic planning throughout the process, from development of the plan to its implementation, measurement and eventual evolution, say Tyler Quinn and Marc Feigelson of Kaufman Rossin PA.