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Employment

  • June 12, 2018

    FedEx Unit’s $3M Wage, FCRA Deal Is ‘Confusing’: Judge

    A California federal judge on Tuesday held off on preliminarily approving a $3.15 million settlement that would end two putative class actions alleging a FedEx logistics subsidiary didn’t give workers breaks and violated the Fair Credit Reporting Act, saying during a hearing the deal is “very confusing” and needs to be revised.

  • June 12, 2018

    Jury Deadlocks In Pa. Public Defenders' Age-Bias Suit

    A Pennsylvania federal jury has deadlocked over allegations the Allegheny County Office of the Public Defender passes over older attorneys for promotions and assigns them undesirable work, resulting in a mistrial.

  • June 12, 2018

    3rd Circ. Upholds Medical Center's Win In Whistleblower Row

    The Third Circuit ruled on Tuesday that a nurse who alleged she was fired after objecting to illegal activity at Southwest Regional Medical Center in Pennsylvania was not protected by the whistleblower provisions in the Emergency Medical Treatment and Active Labor Act because she had not first made a report of the activity.

  • June 12, 2018

    5th Circ. Says Employer's Failure To Sign Voids Arbitration

    The Fifth Circuit on Monday sided with an employee who is suing engineering and construction services firm Ref-Chem LP, holding that the company's failure to sign an arbitration agreement the employee had signed meant she had standing to bring her sexual harassment lawsuit in court.

  • June 12, 2018

    OSHA Enforcement Slipping Under Trump, Labor Org Says

    Enforcement activities performed by the Occupational Safety and Health Administration have decreased since the start of the Trump administration and experienced an even bigger decline at the start of the 2018 fiscal year, a report released Tuesday by the National Employment Law Project said.

  • June 12, 2018

    Walmart Urged To Reach Deal With Exec In Noncompete Suit

    A suit lodged by Walmart Inc. against its chief tax officer for entertaining a job offer with Amazon.com Inc. will proceed on an expedited basis after a Delaware state court judge on Tuesday agreed that the job offer represents a threat of harm to the company, but urged the parties to explore a mutual resolution over the next week.

  • June 12, 2018

    LeClairRyan Adds Employment Pair From Ogletree In LA

    LeClairRyan has announced it has landed a duo of labor and employment attorneys from Ogletree Deakins Nash Smoak & Stewart PC, saying the two have come on as partners in the firm’s Los Angeles office.

  • June 12, 2018

    Cell Tower Servicer's $333K Overtime Deal Gets Final OK

    An Illinois federal judge gave final approval Tuesday to a $333,000 settlement between a cell tower servicer and a class of employees who accused the company of failing to pay them overtime for the time they spent driving between jobs, calling it a "very good settlement" to "a hard fought case."

  • June 12, 2018

    Akerman Nabs Another Employment Vet With Ex-Ogletree Hire

    Akerman LLP strengthened its employment practice with a former Ogletree Deakins Nash Smoak & Stewart PC attorney with experience defending employers against class action claims and federal agencies, making her the sixth management-side employment attorney to join the firm’s Los Angeles office this year, the firm announced Monday.

  • June 12, 2018

    Feds Seek Actions To Force Fla. Clinic To Pay Future Taxes

    The U.S. government contested a federal court's refusal to force an orthopedic clinic in Florida to comply with its future payroll tax obligations, telling the Eleventh Circuit on Monday that the decision was akin to granting the clinic an unlimited line of credit.

  • June 12, 2018

    Watchdog Says DOL Is Stalling On OT, Fiduciary Rule Info

    A government watchdog that last year sued the U.S. Department of Labor seeking records related to its overtime and fiduciary rules told a Washington, D.C., federal judge Monday that it’s “concerned” the agency hasn’t been as forthcoming about its record searches as it should be.

  • June 12, 2018

    EEOC Gets OK Of $4.4M Deal Ending Carpal Tunnel Test Row

    The U.S. Equal Employment Opportunity Commission won an Illinois federal judge's approval Monday of a $4.4 million settlement with Amsted Rail Co. Inc. to end a disability bias suit alleging the steel castings manufacturer illegally rejected job applicants based on a medical test for carpal tunnel syndrome.

  • June 12, 2018

    LabCorp Didn't Make 'Whistleblower' Break Law: Calif. Panel

    A California state appeals court on Monday declined to revive a purported whistleblower suit alleging LabCorp had pressured a genetic counselor to alter a patient’s medical records and then fired her, saying there was nothing medical about the records or illegal about the changes the counselor was asked to make. 

  • June 12, 2018

    Partisan Potshots At NLRB Par For The Course, Ex-Chair Says

    Although critics have accused the National Labor Relations Board of becoming overly politicized in recent years — and the board's stance on issues like the legality of class waivers has left businesses and worker advocates sharply divided — former NLRB Chair Philip Miscimarra told Law360 in an exclusive interview that the labor board isn't operating any differently than it has in the past.

  • June 12, 2018

    AT&T Layoff Suit By CWA Nixed By Arbitration Clause

    A federal magistrate judge in Texas has recommended that a lawsuit brought by the Communication Workers of America AFL-CIO against AT&T seeking to halt the layoffs of 713 workers be tossed, citing an arbitration provision in an agreement between the groups.

  • June 12, 2018

    District Court Must Decide Church Cafe's DOL Fee Fight

    An Ohio megachurch cafe that in April convinced the Sixth Circuit to wipe out the U.S. Department of Labor's win on allegations that it "spiritually coerced" congregants into volunteering must make its case for the agency to pay its attorneys' fees to the district court judge who ruled against it, the appeals court said on Tuesday.

  • June 12, 2018

    Kaepernick Looks To Up The Ante, Pull Trump Into Grievance

    NFL quarterback Colin Kaepernick, who started a wave of player national anthem protests, is expected to try to compel U.S. President Donald Trump to testify in an ongoing labor grievance, a move some experts said strategically looks to turn the president's politicization of the issue to Kaepernick's advantage.

  • June 11, 2018

    Ex-KPMG Partner Says Feds Sitting On Evidence

    A former audit partner at KPMG LLP has asked a Brooklyn federal judge to make prosecutors look for exculpatory evidence in files belonging to the U.S. Securities and Exchange Commission and an accounting oversight group, saying both were essentially part of the prosecution team.

  • June 11, 2018

    FedEx Urges 6th Circ. To Reverse Jury's Retaliation Verdict

    FedEx on Sunday asked the Sixth Circuit to undo a jury verdict that awarded a former employee $415,600 in her suit alleging retaliation and gender discrimination at a Michigan shop, arguing the former worker had impossibly alleged she was retaliated against before she had even made her complaint.

  • June 11, 2018

    6th Circ. Rules Care Certification Timing Material To FCA

    The Sixth Circuit on Monday revived, for the second time, a whistleblower False Claims Act suit accusing a senior living company of retroactively issuing doctors’ certifications underlying Medicare claims, saying the relator had sufficiently shown the alleged conduct was material to payment.

Expert Analysis

  • Analyzing The Economics Of Litigation Funding

    J.B. Heaton

    The growth of litigation funding has only increased the controversy surrounding it. Looking to move beyond the rhetoric for and against the practice, attorney and investment analytics expert J.B. Heaton, of J.B. Heaton PC and Conjecture LLC, attempts an objective analysis of the underlying economics of the litigation funding arrangement.

  • Rule 23 Changes: How Electronic Notice Can Save Money

    Brandon Schwartz

    Courts are acknowledging a shifting consumer preference toward electronic mediums. Proposed changes to Rule 23, scheduled to take effect at the end of this year, will officially provide for the use of electronic notice in class actions — a change that could save parties a significant amount of money, say Brandon Schwartz and Maggie Ivey of Garden City Group LLC.

  • How We Got Here: A Look Back At Trailblazing Women In Law

    Jill Norgren

    Today's female lawyers stand on the shoulders of several generations of pioneers. Here, historian Jill Norgren explains how the status of women in the legal profession has changed since the 1870s.

  • Post-Dynamex Considerations For Calif. Health Care Cos.

    Gregg Fisch

    Now that the California Supreme Court's lengthy opinion in Dynamex Operations West v. Superior Court of Los Angeles County has been digested, there are two main employee classification questions for California health care companies, say Gregg Fisch and Aytan Dahukey of Sheppard Mullin Richter & Hampton LLP.

  • Role Of The Mediator In The Age Of #MeToo

    Linda Singer

    As mediators, we have witnessed an increase in workplace sexual harassment complaints over the past six months, triggered, no doubt, by the #MeToo movement. And this movement has also affected the way in which these cases are mediated, say Linda Singer and Carol Wittenberg of JAMS.

  • Business As Usual For Employers After Epic Systems Opinion

    Veronica Gray

    While the U.S. Supreme Court's decision Monday in Epic Systems v. Lewis is a decisive win for employers, it simply preserves the status quo in wage and hour litigation and reaffirms the ability of employers to avoid costly class actions by requiring employees to sign arbitration agreements containing class action waivers as a condition of employment, say Veronica Gray and Allison Callaghan of Nossaman LLP.

  • ​A Wage-Analysis Primer For Antitrust Attorneys: Part 2

    Stephen Bronars

    Four challenges often arise in modeling wages for pay discrimination cases, and modeling wages across multiple firms in a no-poaching context further complicates matters, say Stephen Bronars and Deborah Foster of Edgeworth Economics LLC.

  • Employee Choice Doctrine — Alive And Well In NY

    Jerome Coleman

    While the fate of recent bills seeking to prohibit or severely limit employment restrictive covenants is uncertain at best, in New York the employee choice doctrine remains a useful tool in the employer arsenal for restricting post-employment competition if the groundwork is properly created and administered, says Jerome Coleman of Putney Twombly Hall & Hirson LLP.

  • ​A Wage-Analysis Primer For Antitrust Attorneys: Part 1

    Stephen Bronars

    As the U.S. Department of Justice's Antitrust Division attempts to prosecute no-poach and wage-fixing agreements, the wage analyses that are frequently used in employment discrimination cases will become increasingly relevant in the antitrust arena, say Stephen Bronars and Deborah Foster of Edgeworth Economics LLC.

  • Hidden Challenges In Applying New DOL Break Time Guidance

    Kevin Johnson

    The U.S. Department of Labor recently released an opinion letter that says breaks taken as part of intermittent leave under the Family and Medical Leave Act do not need to be compensated. However, it contains a troublesome caveat that threatens to destroy any clarity the letter might otherwise bring to the analysis, says Kevin Johnson of Johnson Jackson LLC.