Employment

  • November 13, 2017

    Fla. City Attorney Leaving For US Labor Dept. Job

    The city attorney for Coral Gables, Florida, is departing to take a position with the U.S. Labor Department after six years in which he helped grow the city attorney's office and built a reputation for defending home rule rights and inclusion for the disabled, according to city leaders.

  • November 13, 2017

    Chevron Gets Age, Disability Claims Trimmed In Bias Suit

    A California federal judge on Monday partially dismissed a suit alleging a Chevron Corp. supervisor discriminated against a Nigerian analyst by taking him off projects ahead of his firing, saying his age and disability discrimination claims were filed too late, but he laid out a reasonable national origin discrimination case.

  • November 13, 2017

    Atty Who Called ICE About Client's Worker Fights FLSA Link

    A California attorney has asked the U.S. Supreme Court to review a Ninth Circuit decision that found he could be sued by a client’s former employee for alleged retaliation under the Fair Labor Standards Act after he contacted U.S. Immigration and Customs Enforcement about the worker.

  • November 13, 2017

    Celeb Chef Defeats Bid To Block Use Of His Name, For Now

    A Texas appellate court has declined to decide whether a state law addresses celebrity chef Kent Rathbun's right to use his own name and likeness in future business deals, but said Rathbun can continue to use his name while his suit against his former partners is pending.

  • November 13, 2017

    High Court Won't Hear Health Care Workers' Bargaining Suit

    The Supreme Court on Monday declined to take up an appeal brought by day care owners and home health care workers in Illinois who challenged a state law that allows public sector unions to negotiate on their behalf even though they’re not full-fledged public employees.

  • November 13, 2017

    Truth Sinks Amateur Radio Boss’ Libel Suit, 3rd Circ. Says

    The former regional chairman of a national amateur radio network cannot pursue defamation claims against the group’s leadership over an article explaining his ouster, the Third Circuit ruled Monday, finding statements that he improperly coordinated with FEMA to be true.

  • November 13, 2017

    High Court Turns Away 4 Notable Employment Cases

    The U.S. Supreme Court declined Monday to take up a few notable labor and employment cases, including suits concerning the legality of exclusive bargaining by public sector labor unions, job applicants’ standing to sue under the Fair Credit Reporting Act and the National Labor Relations Board’s jurisdiction over certain transportation companies.

  • November 13, 2017

    AutoZone Hit With Religious, LGBT Discrimination Claims

    A former AutoZone employee has accused the company of religious and sexual orientation discrimination, saying he was called a “flaming queen” and worse by co-workers and that the company refused to accommodate his desire to attend church on Sundays, according to a lawsuit removed to Massachusetts federal court Thursday.

  • November 13, 2017

    Ex-PSU Prez Dodges Contract Claims Over Sandusky Scandal

    Penn State University waited too long to accuse ousted former president Graham Spanier of breaching his employment contract by failing to share allegations of sexual abuse against former assistant football coach Jerry Sandusky prior to his November 2011 arrest, a judge has ruled.

  • November 13, 2017

    Texas Panel Revives Malpractice Claim Against Atty

    A Texas appellate court recently revived the legal malpractice claims Border Demolition & Environmental Inc. brought against its former attorney for an alleged lack of representation, but found the company's claim for breach of fiduciary duty was “impermissible fracturing” and was rightly tossed by the trial court.

  • November 13, 2017

    Pro-Trump Tweeter Keeps Unemployment Benefits On Appeal

    A Pennsylvania appellate court on Monday upheld unemployment compensation benefits for a woman who was fired for sending a pro-Trump tweet her employer considered racially charged, saying the company failed to show her conduct was willful and violated its social media policy.

  • November 13, 2017

    5 Employee Wellness Program Tips As EEOC Revisits Regs

    As the U.S. Equal Employment Opportunity Commission conducts a court-ordered review of its wellness program rules, employers that offer such programs must remain cautious about not penalizing workers too harshly if they don't participate and be ready to alter their programs if the regulations change. Here, attorneys share five wellness program tips employers should keep in mind as the EEOC re-evaluates its rules.

  • November 9, 2017

    Movie Chain Ex-VP Says FMLA Request for MS Got Him Fired

    Movie theater chain National Amusements violated the Family and Medical Leave Act when it fired a former vice president for requesting absences due to suffering from multiple sclerosis, the ex-executive alleged in a lawsuit removed to Massachusetts federal court on Thursday.

  • November 9, 2017

    Texas Panel Told To Nix Deceased Judge's Asbestos Suit

    A Texas county on Wednesday pressed a state appeals court to sink a lawsuit brought on behalf of a district court judge who died of mesothelioma after spending his career inside a courthouse that had asbestos, with the county arguing the judge’s estate should have instead brought an administrative claim for workers’ compensation benefits.

  • November 9, 2017

    Hotel Co. Wants Biometric Class Action Moved To Fed. Court

    Luxury hotelier Pineapple Hospitality Co. and affiliate Pineapple Restaurant Group LLC on Thursday petitioned to remove to Illinois federal court a putative class action that alleges the companies violated the Illinois Biometric Information Privacy Act by collecting and using workers’ fingerprints to keep time records.

  • November 9, 2017

    6th Circ. Finds For 1 Tenn. Union Worker But Not Other

    Two Tennessee logistics company workers who the National Labor Relations Board said were penalized for union activities got a mixed ruling from the Sixth Circuit on Thursday, with the court calling the firing of one worker justified but nixing the company's decision to transfer the other.

  • November 9, 2017

    Costco Sample Handlers Win Conditional Cert. In Wage Suit

    A California federal judge on Thursday granted conditional certification to a class of in-store demonstrators who hand out coffee and tea samples in Costco Wholesale Corp. stores, ruling that they presented enough facts to move ahead with their suit claiming they were misclassified as independent contractors rather than employees.

  • November 9, 2017

    Texas Clinic Owners Accused Of $9.1M Injured Worker Fraud

    Two Houston pain clinic owners have been indicted on charges they paid kickbacks to a conspirator who directed injured federal workers to them, allegedly leading to $9.1 million worth of false claims with the U.S. Department of Labor, the U.S. Department of Justice announced Thursday.

  • November 9, 2017

    Texas Firm Says Fee Fight With Ex-Atty Must Be Arbitrated

    A Houston law firm filed a lawsuit against a former attorney with the firm in state court on Thursday, asking the judge for a ruling that a dispute over the former associate's share of $12.25 million in attorneys' fees stemming from a settlement in a class action lawsuit against Sirius XM Radio must be arbitrated.

  • November 9, 2017

    Judge Slams Uber's 'Irritating' Response To Jury Instruction

    The California federal judge overseeing the self-driving car trade secrets dispute between Waymo and Uber admonished Uber’s lawyers in a short order on Wednesday, saying he was upset that when he asked for a response on a proposed jury instruction, Uber only replied that it agreed with the proposal.

Expert Analysis

  • 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.

  • 'Double-Breasted' Operations Face Criminal Risk

    Benjamin Wish

    The potential civil liability exposure for "double-breasting" — when union and nonunion companies share ownership, equipment, facilities or other features — has been well-established for some time. Now, in the wake of a recent case in the District of Massachusetts, the risk of criminal prosecution is apparent, says Benjamin Wish of Todd & Weld LLP.

  • Addressing Pay Equity In The US And Around The World

    Cynthia Jackson

    Even though the U.S. Equal Pay Act is over 50 years old, the U.S. census released in September still finds that women make 80.5 cents to the dollar that men make. Cynthia Jackson and Sarah Beeby of Dentons review recent legislation addressing pay inequity in the U.S. and globally, and discuss recommendations for employers confronting these developments.