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Employment

  • October 10, 2018

    In Reversal, Injured Texas Worker Told He Can't Depose CEO

    A Texas appeals court on Wednesday reversed a panel ruling on a bid to depose the CEO of a construction company in a suit over a fall at a work site, saying the so-called apex deposition was unwarranted since the worker failed to prove the CEO had unique knowledge relevant to the suit.

  • October 10, 2018

    Phillips Murrah Picks Up Employment Partner In Dallas

    Phillips Murrah PC has snagged a labor and employment attorney from Fisher Phillips who has joined its Dallas outpost as a director, which is the equivalent of a partner or shareholder.

  • October 10, 2018

    Fontainebleau Hotel Sued By Guests Alleging Sexual Assault

    Miami Beach's famed Fontainebleau Hotel has been hit with a lawsuit announced Wednesday seeking to hold it liable for an alleged sexual assault by one of its employees against two women who were guests in June.

  • October 10, 2018

    Calif. High Court OKs New Judiciary Ethics Rules

    California's Supreme Court updated its judicial ethics code on Wednesday with a series of amendments that, among other changes, prohibit discrimination based on gender and expression, address when and how judges should use social media, and allow judges to accept small gifts from nonattorneys. 

  • October 10, 2018

    2nd Circ. Raises Tough Questions About FLSA Settlements

    Three Second Circuit judges asked tough questions at arguments Wednesday over a court’s ability to approve or reject certain Fair Labor Standards Act settlements, suggesting they saw merit in both sides and leaving the future of a procedural workaround uncertain.

  • October 10, 2018

    Fla. Gas Station Worker's OT Suit Heads To Trial

    A Florida federal judge denied a gas station employee a quick win Wednesday in his proposed Fair Labor Standards Act class action seeking allegedly unpaid overtime, but found that the company owner qualifies as his employer under the law and ruled out one of three possible overtime exemptions.

  • October 10, 2018

    Navillus Navigates Through Ch. 11, Sees Plan Confirmed

    Navillus Tile Inc., a significant player in major New York City construction projects, received bankruptcy court approval Wednesday to fulfill a plan of reorganization that will allow the contractor to emerge from Chapter 11 intact and placate its once-adversarial union workforce.

  • October 10, 2018

    SkyWest, Worker Cut $2.45M Jury Award To Fit ADA Cap

    SkyWest Airlines Inc. and an ex-worker who claimed the company didn’t accommodate his kidney disease asked a Colorado federal judge Wednesday to slash a $2.45 million jury award to fit the Americans with Disabilities Act’s statutory maximum.

  • October 10, 2018

    Fired Manager Says Abbott Refused To Accommodate Illness

    Abbott Laboratories fired its director of employee and leadership development instead of accommodating instructions from her psychiatrist that she be protected from certain triggers at work, where her interaction with her supervisor was a major source of friction, she said in a lawsuit filed Tuesday.

  • October 10, 2018

    EEOC Didn't Serve Us, Can't Sue Us: Fla. Senate

    The Florida Senate on Wednesday sued to enjoin a U.S. Equal Employment Opportunity Commission discrimination suit, telling a Florida federal court that the legislative body is protected by sovereign immunity and that the EEOC has refused to provide a full copy of the allegations against the Senate.

  • October 10, 2018

    Cruise Line Must Litigate Wrongful Death Suit, Court Told

    The widow of a Norwegian Cruise Line employee who died while participating in a rescue drill aboard a cruise ship urged a Florida federal court to deny the company’s bid to compel arbitration of her wrongful death lawsuit, saying the dispute has already been arbitrated in the Philippines.

  • October 10, 2018

    NCAA Sanction Of Former Coach Declared Invalid In Calif.

    A California state judge has declared that the show-cause provision of NCAA bylaws is not legal in the state, finding the association's sanction against former University of Southern California assistant football coach Todd McNair runs afoul of state law prohibiting contract provisions that restrict lawful employment.

  • October 10, 2018

    9th Circ. Must Revisit Escobar Ruling, Art School Says

    A California art school on Tuesday scorched the Ninth Circuit’s recent ruling that False Claims Act liability may exist if government officials “care” that regulations were violated, saying the ruling flouted the U.S. Supreme Court’s Escobar decision and must be revisited. 

  • October 10, 2018

    UPMC Denied Quick Win In Gender Discrimination Suit

    A Pennsylvania federal judge has agreed to allow a former technology director with the University of Pittsburgh Medical Center to move forward with claims that the hospital chain used an organizational restructuring as a pretext for firing her on the basis of her gender.

  • October 10, 2018

    Ogletree Says Atty Ignored Chance To Opt Out Of Arbitration

    Ogletree Deakins Nash Smoak & Stewart PC on Tuesday pushed back against a former shareholder's argument in her gender bias suit that an arbitration agreement she claims she never consented to should be set aside, saying she was given the chance to opt out but did not do so before the deadline.

  • October 10, 2018

    Bon Secours Health System Wants Claims In FCA Suit Tossed

    Bon Secours Health System has urged a New York federal judge to grant it a quick win on most of the claims in a lawsuit filed by a former vice president of a now-closed program accusing the system of Medicare and Medicaid fraud.

  • October 10, 2018

    Just Salad Says Wage Suit Accusers Are 'Judge-Shopping'

    A group of Just Salad restaurants in New York City accused a proposed class of delivery workers of “judge-shopping” in a motion to dismiss most of a Manhattan federal suit claiming the workers were paid below minimum wage.

  • October 10, 2018

    BofA Workers Want Approval Of $11M Mileage Expense Deal

    About 1,900 Bank of America NA workers have asked a California federal judge to give preliminary approval to an $11 million deal settling claims that the bank failed to reimburse loan officers for use of their personal vehicles, saying the deal balanced the risk of going to trial given the lack of mileage records.

  • October 9, 2018

    Judge Won't DQ FordHarrison From Kraft Heinz Wage Row

    A California federal judge on Tuesday refused to disqualify FordHarrison LLP from representing Kraft Heinz Foods Co. in a class action accusing it of various California labor law violations, saying one of the firm's partners obtained written consent as he was required to do before representing two potential class members at a deposition.

  • October 9, 2018

    Class Action Says DirecTV Partner Regularly Docks Wages

    DirecTV’s largest installation partner, MasTec Inc., was hit with a class action on Tuesday claiming the Florida-based service provider docks employee wages when customers complain about technical glitches to DirecTV.

Expert Analysis

  • Considering Workers' Comp For Unauthorized Immigrants

    David Johnson

    Tennessee’s workers’ compensation statute allows injured workers to recoup benefits regardless of whether they are lawfully employed. However, based on a Tennessee federal court's recent decision in Torres v. Precision Industries, for unauthorized workers this rule is now seriously in question, say David Johnson and Todd Photopulos of Butler Snow LLP.

  • In Calif., Questions Remain On Law Firm Conflict Waivers

    Richard Rosensweig

    In Sheppard Mullin v. J-M Manufacturing Co., the California Supreme Court ruled last month that a law firm's failure to disclose a known conflict with another current client did not categorically disentitle the firm from recovering fees. But the court didn’t provide hoped-for guidance on how to write an enforceable advance conflict waiver, says Richard Rosensweig of Goulston & Storrs PC.

  • Q&A

    A Chat With Faegre Client Development Chief Melanie Green

    Melanie Green

    In this monthly series, Amanda Brady of Major Lindsey & Africa interviews management from top law firms about the increasingly competitive business environment. Here we feature Melanie Green, chief client development officer at Faegre Baker Daniels LLP.

  • Clarifying Student Due Process Rights At 6th Circ.

    Steven Richard

    In Doe v. Baum, the Sixth Circuit recently ruled that a school must give respondents in a disciplinary proceeding an opportunity to cross-examine the complainant and adverse witnesses. The decision is impactful not only from a constitutional due process perspective, but also in terms of Title IX’s mandates, says Steven Richard of Nixon Peabody LLP.

  • The Limitations Of NY's Anti-Sexual Harassment Law

    Ann-Elizabeth Ostrager

    A New York law that took effect this summer prohibits predispute agreements to arbitrate sexual harassment claims. Although well-intentioned, this provision is unlikely to significantly alter the status quo, say Ann-Elizabeth Ostrager and Jacob Singer of Sullivan & Cromwell LLP.

  • Setting A Framework For Disgorgement Insurance Disputes

    Catherine Doyle

    In TIAA-CREF Insurance Appeals, the Delaware Supreme Court struck a blow to insurers seeking to avoid responsibility for settlement payments made by policyholders. Though decided under New York law, this opinion opens the door to a fact-specific analysis that may help policyholders facing similar denials, say Catherine Doyle and Jan Larson of Jenner & Block LLP.

  • How A Court's 'Pencil Color' Impacts Restrictive Covenants

    Christopher Hennessy

    Within the context of restrictive covenants in employment agreements, there are so-called red pencil and blue pencil states, with the color a reference to the doctrine courts apply in that state when enforcing such agreements. The difference is significant enough to make or break a restrictive covenant case, say Christopher Hennessy and Jeremy Glenn of Cozen O'Connor.

  • To Stay Or Not To Stay: Considering The '5-Year Rule'

    Karin Bohmholdt

    In Martinez v. Landry Restaurants, a California state appeals court recently held that the time period during which a federal appeal from an order remanding a case to state court is pending should be included when calculating the “five-year rule” for bringing a case to trial. This shows that all counsel should consider whether to seek a stay of proceedings where the case crosses jurisdictional boundaries, says Karin Bohmholdt of Greenberg Traurig LLP.

  • 9th Circ. FCA Ruling Undermines Escobar

    Robert Salcido

    At first glance, the Ninth Circuit's ruling in U.S. v. Stephens Institute seems like welcome news to False Claims Act defendants. But a closer look reveals that the panel’s defective application of Escobar’s implied false certification test and materiality standard overshadows this holding, say attorneys with Akin Gump Strauss Hauer & Feld LLP.

  • Understanding The Unwinding Of DOL's Fiduciary Rule

    Excerpt from Lexis Practice Advisor
    George Sepsakos

    In Chamber of Commerce v. U.S. Department of Labor, the Fifth Circuit decided the DOL's so-called fiduciary rule conflicted with Section 3(21) of the Employee Retirement Income Security Act. George Sepsakos and Michael Kreps of Groom Law Group discuss the decision's implications and various elements to consider following vacatur of the rule.