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Employment

  • January 8, 2019

    Pa. Bus Driver Can Get Unemployment After Knife Incident

    A former Cambria County bus driver didn't violate her employer's rules against weapons in the workplace when she handled a knife in an employee lounge while talking to a human resources employee, a Pennsylvania appeals court ruled Tuesday.

  • January 8, 2019

    US Tennis Can't Trim Former Umpire's Race Bias Suit

    A New York magistrate judge has recommended denying a request from the U.S. Tennis Association to trim what the sports organization called irrelevant and “inflammatory” claims from a suit by a former umpire alleging racial bias, ruling discovery may prove the passages important to the case.

  • January 8, 2019

    Dem Lawmakers Want Audit On Teen Health-Job Rulemaking

    A group of Democratic lawmakers have asked a U.S. Department of Labor watchdog to look into how the department developed a proposed rule that would loosen limitations on 16- and 17-year-olds being able to train, work or have an apprenticeship in the health care realm.

  • January 8, 2019

    Seattle Paratransit Drivers Denied Cert. In Meal Break Suit

    A Washington federal judge has declined to certify a proposed class in a suit alleging two businesses that jointly provide paratransit service in the Seattle area denied hundreds of drivers rest and meal breaks required under state law.

  • January 8, 2019

    Prof Says Gov't Opt Out Doesn't Alter FCA Time Limits

    A law professor has urged the U.S. Supreme Court to back an Eleventh Circuit ruling that the “government knowledge” statute of limitations in False Claims Act cases applies regardless of whether the government intervenes, asserting that the act is “plain and unambiguous” on the issue.

  • January 8, 2019

    Nonunion Workers Have Rights Too, Mass. High Court Hears

    Massachusetts’ highest court heard oral arguments Tuesday in a case seeking to stretch the rights of nonunion public employees beyond what the U.S. Supreme Court established last year, not only exempting them from mandatory fees but also giving them a seat at the table in bargaining negotiations.

  • January 8, 2019

    NY Restaurateur Facing Wage Suit From Ex-Bussers

    New York City celebrity chef Chris Santos’ restaurant group on Monday was hit in federal court with a collective action by three former employees of high-end eatery Beauty and Essex, claiming they were underpaid and forced to perform untipped work without being fairly compensated for it.

  • January 8, 2019

    Senate Dems Seek Closer Look At Court Misconduct Report

    Democrats on the Senate Judiciary Committee have called out the perceived shortcomings of a federal report on how the judiciary could improve the reporting and investigation of sexual misconduct in the courts, citing concerns that the report authors failed to thoroughly review the prevalence of harassment.

  • January 8, 2019

    Mich. Gov. Beefs Up Bias Protections For LGBT State Workers

    Newly sworn-in Michigan Gov. Gretchen Whitmer has bolstered protections for gay and transgender public workers, signing an executive order Monday that bars discrimination against state workers and job applicants based on their sexual orientation or gender identity.

  • January 8, 2019

    Tesla, Contractor Move To Dump Workers' Visa Fraud Suit

    Tesla Inc. and contractor Eisenmann Corp. urged a California federal judge on Monday to snuff out an amended False Claims Act and Racketeer Influenced and Corrupt Organizations Act suit alleging they participated in a visa fraud scheme to illegally import low-cost foreign labor for Tesla’s manufacturing plant.

  • January 7, 2019

    NJ, Gov. Campaign Accused Of Mishandling Rape Claim

    A New Jersey housing official on Monday launched a lawsuit alleging the state and the campaign of Gov. Phil Murphy mishandled her claim that she was raped by a former campaign staffer who later got a high-ranking position within the administration.

  • January 7, 2019

    Big Apple Eateries Freed From No-Tip Conspiracy Case

    Several upscale New York restaurants and their celebrity chefs can slip a suit alleging they cooked up a no-tipping scheme to boost menu prices, a federal judge ruled Monday, adding if a fresh complaint against the California eateries isn't filed by the end of January, the case will be closed.

  • January 7, 2019

    Supreme Court Swats Away 2 Employment Cases

    The U.S. Supreme Court turned aside a pair of employment cases Monday, declining opportunities to clarify the burden of proof for parties in certain Americans with Disabilities Act cases and to rule on whether judges can use information they seek out from company websites without first notifying the parties in a case.

  • January 7, 2019

    Ex-Atty For Mitsubishi Blasts Bid To Nix Gender Bias Suit

    A former in-house attorney at a Mitsubishi Chemical Corp. unit pushed back Friday against a motion to have her suit accusing the company of gender discrimination tossed out of New York federal court.

  • January 7, 2019

    Ala. Athletics Board Defends Ineligibility Of USA Hoops Player

    The Alabama High School Athletic Association on Monday defended its decision to declare a high school basketball player and highly touted college recruit ineligible for her senior season after USA Basketball mistakenly paid her for lost wages and expenses for playing for the U18 national team, after national media reports last week criticized the decision. 

  • January 7, 2019

    ABM To Pay $5.4M Over Required Worker Cellphone Use

    Facility management company ABM Industries Inc. has agreed to pay $5.4 million to end a California federal class suit alleging it violated state law by making cleaning employees use their personal cellphones for work without reimbursing them.

  • January 7, 2019

    Justices Pass On Appeal Of Sanctions For Presuit Actions

    The U.S. Supreme Court declined Monday to weigh in on whether federal courts can impose sanctions for conduct prior to a lawsuit's filing, rejecting a whistleblower's appeal of a Tenth Circuit rebuke over his investigations of a company he helped start.

  • January 7, 2019

    United Airlines Workers Say Short Military Leave Deserves Pay

    United Airlines Inc. and United Continental Holdings Inc. were hit with a proposed class action in Illinois federal court Monday alleging that they flouted a federal anti-discrimination law by not paying regular wages to workers who took short-term military leave or crediting that time toward a profit-sharing program.

  • January 7, 2019

    I May Be A Felon, But I'm No Gossip, Ex-Asst. DA Says

    A former Brooklyn assistant district attorney who admitted illegally wiretapping a colleague told a New York federal judge there's no evidence she gossiped about what she recorded, seeking the dismissal of the colleague's claims of suffering from office gossip.

  • January 7, 2019

    FEMA Supervisor Left Job Too Soon To Keep Harassment Suit

    The U.S. Federal Emergency Management Agency on Friday dodged sexual harassment and retaliation claims by an employee who says she was fired for reporting fraud while deployed for natural disaster aid after an Illinois federal judge found she didn't suffer an adverse action before resigning.

Expert Analysis

  • Nonprofits And Volunteers: Understanding The Risks

    Ryan Portugal

    Nonprofit organizations commonly rely on volunteers to help achieve their mission. But circumstances in which volunteers can be treated as employees for purposes of tax, employment or negligence laws can have costly ramifications, says Ryan Portugal of Williams Parker Harrison Dietz & Getzen.

  • Class Cert. Evidence Standard Likely Headed To High Court

    Thomas Richie

    With circuit courts irreconcilably split on expert testimony at the class certification stage, the Ninth Circuit’s recent decision not to reconsider Sali v. Corona Regional Medical Center all but guarantees the issue will soon reach the U.S. Supreme Court, say Thomas Richie and John Goodman of Bradley Arant Boult Cummings LLP.

  • OFCCP Employee Selection Guidance: A Few Misconceptions

    Richard Fischer

    Meeting the scope and variety of the Office of Federal Contract Compliance Programs' adjunct employee selection requirements is a continuing challenge for contractors. Richard Fischer, research psychologist with the U.S. Department of Homeland Security and former OFCCP testing expert, debunks some common misinterpretations.

  • Opinion

    Why We Need Anti-Money Laundering Whistleblower Awards

    Eric Havian

    The recent Mossack Fonseca indictments and Deutsche Bank raid would not have been possible without the whistleblower behind the Panama Papers leak. But there is no incentive for rooting out the type of criminal money laundering revealed here, creating a large enforcement gap, say Eric Havian and Michael Ronickher of Constantine Cannon LLP.

  • Medical Marijuana Poses ADA Risks For Pa. Health Care Cos.

     Mariah Passarelli

    For health care employers, the enactment of Pennsylvania's Medical Marijuana Act has further complicated navigation of reasonable accommodations under the Americans with Disabilities Act. Mariah Passarelli of Cozen O’Connor discusses the pitfalls companies face at the crossroads of these two statutes.

  • A Few Ways Employers Can Avoid Holiday Legal Headaches

    Alex Aguilera

    Although legal compliance is a year-round job for employers, the end-of-the-year holiday season raises several additional considerations that make it more complicated, says Alex Aguilera of Seyferth Blumenthal & Harris LLC.

  • 6 Lessons From Recent FMLA And ADA Decisions: Part 2

    Melissa Bergman Squire

    In the final part of this article, attorneys with Dechert LLP discuss recent Family and Medical Leave Act and Americans with Disabilities Act cases that offer insights into issues such as determining when leaves of absence are too long and understanding examples of FMLA interference.

  • Insights From 2017-2018 High Court Term And What's Ahead

    Chad Eggspuehler

    Many expect the U.S. Supreme Court's new conservative majority to track rightward, while others wonder if any justices might assert a moderating influence as the new “swing vote.” The court’s recent decisions and upcoming docket provide the best clues about its trajectory, says Chad Eggspuehler of Tucker Ellis LLP.

  • Pa. Cos. Face Greater Risks Related To Workers' Personal Info

    Carol Steinour Young

    In Dittman v. UPMC, the Pennsylvania Supreme Court recently held that employers storing employee information on internet-accessible computer systems have a common law duty to protect that data from any foreseeable risk of harm, exposing companies in the state to increased liability, say Carol Steinour Young and Sarah Dotzel of McNees Wallace & Nurick LLC.

  • 6 Lessons From Recent FMLA And ADA Decisions: Part 1

    Melissa Bergman Squire

    Given the risks associated with Family and Medical Leave Act and Americans with Disabilities Act compliance, it's essential that employers keep abreast of continuing developments. Attorneys with Dechert LLP discuss what employers can learn from recent cases.