We use cookies on this site to enable your digital experience. By continuing to use this site, you are agreeing to our cookie policy. close

Employment

  • June 11, 2018

    Ex-JPMorgan Wealth Manager Settles Retaliation Claims

    A former JPMorgan Chase & Co. wealth manager has settled her Manhattan federal court retaliation suit against the $379 billion bank, ending a lengthy fight that appeared bound for a third trip to the Second Circuit, according to a filing on Monday.

  • June 11, 2018

    Texas Justices To Weigh Anti-SLAPP Dismissal Of NDA Suit

    The Texas Supreme Court has agreed to review a dispute between S&S Emergency Training Solutions Inc. and a former employee it alleges violated two non-disclosure agreements, in a case that asks the court to decide whether dismissal of the lawsuit under a state free speech law was appropriate.

  • June 11, 2018

    Wheelabrator, Honeywell Settle Pa. Asbestos Coverage Row

    Honeywell International Inc., Wheelabrator Technologies Inc. and another company have inked a deal to end finger-pointing about indemnification responsibilities for a trio of asbestos cases being pursued by former workers at a Pennsylvania facility that Wheelabrator purchased in the 1980s.

  • June 11, 2018

    Sports Construction Co. Says Ex-Worker Stole IP For Rival Biz

    A Houston construction firm that specializes in building athletic facilities hit its former sales representative with a lawsuit in Texas state court on Friday, claiming she stole its trade secrets when she left the company and used the confidential information to launch a rival business.

  • June 11, 2018

    Justices Narrow American Pipe Tolling For Class Actions

    The U.S. Supreme Court on Monday cemented a new limit on plaintiffs filing successive class actions, holding that the tolling provisions it established in its landmark American Pipe decision don't extend to individual class members wanting to file a new action on behalf of others after the statutory deadline to do so has passed.

  • June 8, 2018

    Ogletree Says Atty In Gender Bias Suit Is Forum Shopping

    Ogletree Deakins Nash Smoak & Stewart PC has again urged a California federal court to transfer a contentious $300 million gender discrimination suit from the state’s Northern District to its Central District, saying the lead plaintiff has “candidly conceded that she is forum shopping.”

  • June 8, 2018

    Calif. Wells Fargo Staff May Get Cert. In Meal Break Row

    A California state judge on Friday tentatively granted class certification to thousands of Wells Fargo workers on claims they were underpaid for missed mealtimes and given improper pay stubs, but withheld his final ruling after the bank argued its individualized system for documenting meal premiums doesn’t support classwide litigation.

  • June 8, 2018

    Target Can't Beat Bias Suit Under Benefits Deal, Panel Says

    A California appeals court on Friday overturned a Target Corp. win against a gay former cashier who allegedly resigned due to workplace discrimination, saying a trial court was wrong to find his harassment claims were precluded by a separate settlement he reached with the retailer over workers' compensation.

  • June 8, 2018

    7th Circ. Nixes CVS' $307K Atty Fee Win Against EEOC

    The Seventh Circuit on Friday reversed in part a $307,902 attorneys’ fee award against the U.S. Equal Employment Opportunity Commission in its suit alleging CVS Pharmacy Inc. used a severance agreement to chill its employees’ rights to lodge discrimination claims with the agency, finding that the lawsuit wasn’t frivolous.

  • June 8, 2018

    Intel's $5M Deal To End Wage, OT Claims Gets Initial OK

    A California state judge on Friday gave preliminary approval to Intel Corp.’s $5 million deal to resolve claims that the tech giant overworked and underpaid employees in the Golden State, but only after having the parties explain the company’s seemingly lower percentage of hourly, nonexempt workers.

  • June 8, 2018

    NLRB Takes Flak At Conference For 'Job Creation' Stance

    National Labor Relations Board Chairman John Ring faced criticism from an agency employee in the audience at a labor conference Friday over whether his recent remarks that the board has a role to play in job creation will result in weaker enforcement of federal labor law, with Ring saying that isn’t the case.

  • June 8, 2018

    King & Spalding To Face Trial In Ex-Associate's Firing Suit

    A New York federal judge on Friday denied King & Spalding LLP's bid to escape a former associate's retaliatory firing suit, picking apart the firm's defenses after it neglected her admonition to settle the suit at a hearing last month.

  • June 8, 2018

    NJ Bar Fights Ban On NDAs In Sex Harassment Cases

    The New Jersey State Bar Association has implored lawmakers to gut pending legislation that would ban nondisclosure agreements from workplace sexual harassment case settlements, arguing that victims should be able to choose whether or not to disclose their experience.

  • June 8, 2018

    Union Can't Modify NLRB Boycotting Order At 9th Circ.

    The U.S. Supreme Court's 2015 ruling that a township's ordinance classifying signs based on their content was a First Amendment violation didn't mean that an ironworkers union could modify a nearly 20-year-old consent decree prohibiting the union from secondary-picketing the government, the Ninth Circuit said Friday.

  • June 8, 2018

    NLRA Construction Clause Favors Co. In Union Row: DC Circ.

    The D.C. Circuit on Friday reversed a National Labor Relations Board decision barring a Colorado sprinkler installer from withdrawing recognition of a workers’ union, saying the business could ignore their expired bargaining agreement under a National Labor Relations Act provision covering the construction industry.

  • June 8, 2018

    Dead NHL Player's Parents Look To 7th Circ. For Redo

    The parents of the late ice hockey player Derek Boogaard urged the Seventh Circuit on Thursday to rethink a finding in favor of the National Hockey League in a wrongful death lawsuit, saying the court erred by tossing the case on the grounds that the family did not respond to arguments raised by the NHL.

  • June 8, 2018

    Internet Bank Largely Escapes 'Unripe' Derivative Suit

    A California federal judge all but tossed Bank of Internet shareholders' derivative suit against board members for allegedly damaging the company’s reputation and incurring a host of legal and investigative fees stemming from shady business dealings, calling the claims "unripe" and finding that the bulk of the complaint relies too heavily on the outcome of related litigation.

  • June 8, 2018

    Bay Area Restaurants Dinged $10M For Wage Theft

    The California Labor Commissioner’s Office said Thursday it has issued citations to seven Bay Area restaurants for more than $10 million in wage theft violations that affected 431 workers, saying investigators discovered that the eateries failed to pay cooks and dishwashers minimum wage, overtime, and premiums for working split shifts.

  • June 8, 2018

    IHeartMedia Can Pay Employee Bonuses, Access $450M DIP

    A Texas bankruptcy judge on Thursday approved iHeartMedia Inc.’s requests to fund its Chapter 11 restructuring with a new $450 million revolving credit facility and pay its non-insider employees an aggregate of up to $66 million in bonuses to encourage peak performance.

  • June 8, 2018

    Tesla Shareholder Calls Musk's Stock Award 'Staggering'

    A shareholder of electric-car maker Tesla Inc. claimed in a suit unsealed in Delaware state court that the compensation package approved by the company’s directors for founder and CEO Elon Musk is unfair, unprecedented and "staggering."

Expert Analysis

  • Introducing The Legal Industry To Millennial Business Owners

    Yaima Seigley

    ​The current business climate has produced vast opportunities for seasoned lawyers to create valuable connections with millennial business owners, but first lawyers must cleanse their palate of misconceptions regarding millennials, says Yaima Seigley of Isaac Wiles Burkholder & Teetor LLC.

  • Post-Dynamex: A Narrow Road Ahead For Calif. Trucking Cos.

    Bradford Hughes

    The California Supreme Court's recent opinion in Dynamex Operations West v. Superior Court of Los Angeles County sent shock waves through the entire transportation industry, which has traditionally relied on independent contractors. However, specifically for trucking companies that operate in the Golden State, Dynamex raises a litany of compliance concerns, says Bradford Hughes of Clark Hill PLC.

  • 5 Questions You Should Ask About Your Global Equity Awards

    William Woolston

    U.S. companies venturing into the world of global equity compensation confront a complex, cross-border web of rules and regulations. Victoria Ha and William Woolston of Covington & Burling LLP highlight five critical questions that can help U.S. companies navigate common legal pitfalls, with a focus on some of the most rapidly evolving areas of law.

  • 1st Circ. ADA Decision Turns On 'Essential Function' Doctrine

    John Calhoun

    Initially, the First Circuit’s recent decision in Sepulveda-Vargas v. Caribbean Restaurants — a case involving claims under the Americans with Disabilities Act — may seem counterintuitive. But understanding the court's treatment of two features of the ADA’s "essential function" doctrine will help parties navigate the nuances of these types of lawsuits, says John Calhoun of Choate Hall & Stewart LLP.

  • What #MeToo Means For The Maritime Sector

    Susan Bickley

    The #MeToo movement has highlighted for employers in the maritime industry that they must ensure that seafarers and shore-based personnel experience a work environment free of sexual harassment and assault. Attorneys with Blank Rome LLP examine the unique legal framework that applies to sexual harassment in the maritime context, and how employers are currently addressing incidents and crafting proactive policies.

  • Reducing Retirement Saving Barriers For Gig Workers

    Brett Owens

    Workers in the gig economy are currently not entitled to enjoy a traditional employer-based retirement plan because such plans are subject to stringent rules and only permitted to cover employees, not independent contractors. However, Congress is attempting to address this issue via the recently reintroduced Retirement Enhancement and Savings Act, says Brett Owens of Fisher Phillips.

  • Creating A Better System For Employee Invention Assignment

    Albert Wong

    Whereas a traditional pre-invention assignment agreement focuses solely on assigning legal rights and duties, a more effective contractual approach would braid a traditional, legally enforceable PIAA with a voluntary system focused on enhancing employer-employee collaboration, says Albert Wong of Fish & Richardson PC.

  • New Medical Marijuana Challenges For Pa. Employers

    John McDonald

    As access to medical marijuana in Pennsylvania continues to grow — to date, 22 dispensaries have opened throughout the state — employers face fresh concerns about the impact of legalization on their operations as well as their obligations under the law, say John McDonald and Melissa Ferrara of Reed Smith LLP.

  • FCA Questions That High Court May Address Next Term

    Michael Waldman

    Although the U.S. Supreme Court has denied review on 12 False Claims Act-related petitions this term, at least six petitions raising FCA issues currently remain on the docket. And three of them appear to have already piqued the court’s interest, say Michael Waldman and Ralph Mayrell of Robbins Russell Englert Orseck Untereiner & Sauber LLP.

  • Opinion

    Why Won't Judicial Nominees Affirm Brown V. Board Of Ed?

    Franita Tolson

    On May 17, 1954, the U.S. Supreme Court decided Brown v. Board of Education, recognizing a moral and legal truth that should be beyond question in American society. The refusal by some of President Donald Trump's judicial nominees to say whether they believe the case was decided correctly is indicative of the narrow-minded elitism they would bring to the bench, says professor Franita Tolson of the University of Southern California's Gould School of Law.