Employment

  • May 19, 2017

    Google Worker Can Compel Discovery In Confidentiality Row

    A San Francisco judge said Friday he would allow limited discovery to figure out whether the National Labor Relations Act covers the claims in a putative class action alleging Google’s confidentiality policies flout whistleblower and First Amendment rights, and if that means the case must be enforced federally.

  • May 19, 2017

    PNC Sues To Overturn Ex-Worker's $1.8M FINRA Award

    A broker-dealer unit of the PNC Financial Services Group Inc. asked a Missouri federal court Thursday to toss a $1.8 million arbitral award the bank was ordered to pay a sacked employee who alleged she was wrongfully fired, arguing the arbitrators went beyond their remit.

  • May 19, 2017

    Docs Show Proskauer Met Bias Claim With Threat: Plaintiff

    A Washington, D.C., federal judge on Thursday ordered mediation services firm JAMS Inc. not to destroy notes from a March hearing at which the Proskauer Rose LLP partner behind a $50 million gender bias suit claims a firm attorney told her she "upset a lot of people" by complaining and would be fired.

  • May 19, 2017

    8th Circ. Refuses To Clarify 401(k) Retiree Loss Ruling

    The Eighth Circuit issued a terse order Thursday refusing a rehearing bid by ABB Inc. on a March opinion that remanded for a second time a suit accusing the technology conglomerate of changing retirement plans for its own benefit.

  • May 19, 2017

    Riddell Helmet Concussion Claims Poised To Move Forward

    After more than five years of the NFL concussion litigation, claims against football helmet maker Riddell may finally be moving forward after an order Thursday by the Pennsylvania federal court judge who has been overseeing the litigation.

  • May 19, 2017

    Ex-Google Engineer Says Judge Forcing Uber To Fire Him

    A federal judge is unlawfully forcing Uber to fire the former Google engineer at the center of a high-profile fight between the two companies over driverless car technology if he doesn’t waive his Fifth Amendment rights, the ex-employee said in a court filing Thursday.

  • May 18, 2017

    Judge Threatens To Sanction $170M Disney Deal Objectors

    A California federal judge threatened to sanction two Disney producers on Thursday for challenging multiple pending settlements totaling $170 million that would end allegations Disney, Pixar, DreamWorks and other studios agreed not to poach each other’s animators, saying the producers can’t hold up the deals because they’re not class members.

  • May 18, 2017

    FordHarrison Adds Jackson Lewis Attorney As Partner

    FordHarrison LLP has announced the hiring of an employment attorney from Jackson Lewis with experience in a range of issues as a partner in its West Palm Beach, Florida, office.

  • May 18, 2017

    Arbitration 'Not A Substitute For A Jury,' NJ Justice Says

    A New Jersey Supreme Court justice on Thursday highlighted the plight of consumers and employees who aren’t likely to challenge arbitration clauses that block them from taking disputes to the courts, despite the state’s reputation for declining to enforce such contracts.

  • May 18, 2017

    $395,000 Atty Fee Upheld In Paylocity Fee-Shift Battle

    A dispute over attorneys' fees took a testy turn Thursday in payroll software company Paylocity Holding Corp.’s continued defense of an overturned corporate bylaw that would shift legal expenses to stockholders if they lodge a corporate claim in a court outside Delaware.

  • May 18, 2017

    HR Worker Not Fired For Enforcing Compliance, NLRB Says

    The National Labor Relations Board has ruled that a Long Island, New York-based real estate company didn't illegally fire a human resources assistant who claims he was sacked for uncovering and threatening in a letter to report an array of labor law compliance issues.

  • May 18, 2017

    High Court Backs Uber’s Arbitration Bid, 2nd Circ. Told

    Uber asked the Second Circuit on Tuesday to heed a recent U.S. Supreme Court decision that purportedly reinforces the ride-hailing company's arguments that class allegations of Uber and its drivers colluding to raise prices belong in arbitration.

  • May 18, 2017

    Trump Rolls Back DOL Rule For State Retirement Plans

    President Donald Trump on Wednesday signed a resolution to repeal an Obama-era U.S. Department of Labor regulation that helped states establish government-run retirement accounts for private sector employees who don’t have access to employer-sponsored retirement plans.

  • May 18, 2017

    DCH Auto, Mechanics Settle Wage-And-Hour Action For $4M

    More than 400 mechanics across 19 California car dealerships will receive part of a $3.6 million settlement finalized in Los Angeles Superior Court on Thursday over alleged wage-and-hour violations by DCH Auto Group and its parent company Lithia Motors Inc., bringing total recovery to $4 million.

  • May 18, 2017

    7th Circ. Tells Eli Lilly To Restore Ill Worker's Benefits

    A split panel of the Seventh Circuit on Thursday upheld a ruling awarding disability benefits to a former Eli Lilly & Co. employee diagnosed with fibromyalgia, with the majority expressing skepticism of the company’s “vague and inconsistent” arguments that the employee is capable of working despite her condition.

  • May 18, 2017

    Caltrans Worker Gets $3M Verdict Over Allergy Bullying

    A California state jury has handed down a $3 million verdict in favor of a California Department of Transportation worker whose boss intentionally aggravated his allergies by spraying perfume when he left his desk, ignored accommodations he was granted and bullied him in the office.

  • May 18, 2017

    Goodwill Worker Gang Accusations Untrue: NLRB Judge

    Management at a California Goodwill chapter made up records and falsely accused two workers of gang affiliation to cover up that it fired them for claiming a manager had repeatedly harassed them, including by threatening to kill one of them, a National Labor Relations Board judge ruled Wednesday.

  • May 18, 2017

    Proskauer Atty Can Proceed As 'Jane Doe' In Sex Bias Suit

    The female partner suing Proskauer Rose LLP for $50 million over alleged gender discrimination can shield her identity from public disclosure and proceed with the case under a Jane Doe pseudonym, a Washington, D.C., federal judge ruled Wednesday. 

  • May 18, 2017

    SEC OKs New Continuing Ed. Rules For Muni Advisers

    The U.S. Securities and Exchange Commission has signed off on rules changes that will establish continuing education requirements for municipal advisers starting next year, the Municipal Securities Rulemaking Board said on Wednesday.

  • May 18, 2017

    Fla. Eatery's FLSA Deal Should Be Public, Judge Says

    The same day several workers and the Las Olas Cafe submitted for private review a settlement resolving Fair Labor Standards Act claims over unpaid overtime wages, a Florida federal judge refused to approve the deal, saying Wednesday that the parties didn’t explain why the proposal shouldn’t be filed publicly.

Expert Analysis

  • 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.

  • 10 Tips For Creating Winning Trial Visuals

    Kerri Ruttenberg

    Effective visuals require effective design. In her new book, "Images with Impact: Design and Use of Winning Trial Visuals," published by the American Bar Association, trial lawyer and Jones Day partner Kerri Ruttenberg discusses how to design and use visuals to help viewers understand, believe and remember the messages being conveyed.

  • Roundup

    Counsel To Counsel: Insights From Law Firm GCs

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    General counsel at four law firms share the biggest issues they face in an increasingly complex legal environment.

  • The 'State' Of The Gig Economy Under Trump

    Amy Strauss

    There is no question that America’s sharing economy is growing and showing no signs of slowing down. However, if the Trump administration continues its hands-off approach to worker misclassification issues, and court decisions create as much confusion as clarity, we may be forced to look to state legislatures to take control, says Amy Strauss of Fisher Phillips.

  • Lessons From Wells Fargo’s Corporate Control Failures

    Brian K. Tomkiel

    It is tempting to simply blame Wells Fargo’s C-suite for creating a corporate culture that fostered unethical behavior. Yet, a recent investigation into the bank's sales practices tells a deeper story about its corporate control functions and how they failed to fulfill their ultimate mandate — protecting the business from risk, says Brian Tomkiel, director of compliance at Gap Inc.

  • How Employee Data Habits Can Increase Corporate Legal Risk

    David Horrigan

    In our daily work lives, we see a fair amount of anecdotal evidence indicating many of us engage in workplace behaviors that put our personal privacy and company data at risk. However, the results of a recent survey provide a more definitive look at how the era of big data for employees could lead to big risk for employers, says David Horrigan, e-discovery counsel at kCura LLC.