Employment

  • April 12, 2018

    Ex-Dolphins Cheerleader Claims Religion, Sex Discrimination

    A former Miami Dolphins cheerleader on Wednesday filed a Florida state human rights complaint against the team and the National Football League claiming she was harassed for expressing her religious beliefs.

  • April 12, 2018

    Judge Rips Feuding Parties In NY Solar Co.'s Ch. 11

    Level Solar Inc. narrowly fended off a bid by its former CEO to liquidate the case, after a New York bankruptcy judge admonished both parties for “mudslinging nonsense” at a contentious hearing Thursday while saying she would give the debtor a few more weeks to get its act together.

  • April 12, 2018

    JG Wentworth Didn’t Pay OT, Loan Operators Claim

    Home loan company J.G. Wentworth failed to pay legally required overtime wages to loan operators who worked as many as 70 hours per week at an Eastern Pennsylvania call center, according to a putative class action filed this week in Pennsylvania state court.

  • April 12, 2018

    Senate OKs Trump Pick For Deputy Labor Secretary

    The U.S. Senate on Thursday confirmed Patrick Pizzella as deputy labor secretary, filling one of several top political positions at the U.S. Department of Labor that have remained unfilled more than a year into President Donald Trump’s administration.

  • April 12, 2018

    Chicago Airport Officers Seek To Regain Police Status

    Illinois and the city of Chicago wrongfully stripped nearly 300 airport security officers of law enforcement status and wiped years of experience from their records after the infamous incident in which an officer was filmed dragging a passenger off a United Airlines flight, the officers claim in a proposed class action filed in federal court Wednesday. 

  • April 12, 2018

    Freight Co. Wins Toss Of Trucker's $1.2M Labor Dispute

    A Massachusetts federal judge on Thursday tossed a $1.2 million labor dispute filed by a Florida truck driver accusing his former Bay State employer of misclassifying him as an independent contractor, ruling he was running a sizable trucking company.

  • April 12, 2018

    Major League Unions Want In On Sports Betting Rodeo

    As a 25-year-old federal ban on sports gambling nears its possible demise in the U.S. Supreme Court, unions representing players in the four major professional sports leagues Thursday demanded an equal voice in the legalization conversation that has been dominated by the states, the leagues' governing organizations and the gambling industry.

  • April 12, 2018

    Statoil, Ex-Employee Settle Wrongful Termination, Fraud Row

    A dispute between Statoil Gulf Services LLC and an accountant who alleged she was fired in retaliation after telling superiors she believed some in the company were committing shareholder and securities fraud in violation of federal law, has been settled, the parties told a federal judge in Texas on Wednesday.

  • April 12, 2018

    Suspended Doc Accuses Seattle Times Of Defamation

    A neurosurgeon who resigned from a Seattle hospital after a series of media reports about his surgical practices, including claims he practiced simultaneous surgeries, filed a defamation suit Wednesday against The Seattle Times, claiming that the paper’s reporting was biased and shoddy.

  • April 12, 2018

    Construction Services Biz Inks $4.55M Deal To End Wage Row

    A building materials maker and construction services provider will pay $4.55 million to settle class allegations that the company underpaid certain workers, did not give employees legally compliant rest and meal breaks, and committed other wage and hour violations, the workers told a California federal court Wednesday.

  • April 12, 2018

    Labor Chief Defends Spiking Tip Pool Data To Senators

    Labor Secretary Alex Acosta on Thursday defended his decision not to disclose the share of workers’ tips that the U.S. Department of Labor estimated employers would have pocketed under its December proposal to undo Obama-era restrictions on tip pooling in a relatively cordial hearing before a U.S. Senate appropriations subcommittee.

  • April 11, 2018

    TWC Tells 9th Circ. $160K Bias Verdict Makes No Sense

    Time Warner Cable urged the Ninth Circuit on Wednesday to toss a $160,000 jury verdict in an ex-worker’s disability discrimination suit, saying it didn’t make sense because jurors found the company failed to engage in an interactive process with the worker while rejecting her claim that it failed to provide reasonable accommodations.

  • April 11, 2018

    NY Unions Attack Construction Firm's Ch. 11 Claim Objections

    A group of construction worker unions representing employees of Navillus Tile Inc. argued Wednesday that the bankrupt New York-based contractor must prioritize some of their wage claims, saying they can be easily substantiated with documentation.

  • April 11, 2018

    3rd Circ. Grants Win To NJ Hospital In Nurse's Bias Suit

    A Third Circuit panel upheld Newark Beth Israel Medical Center’s quick win in a nurse’s suit claiming he was discriminated against for a variety of reasons, saying the record doesn’t back up his argument he suffered adverse employment action when he missed breaks and other workers were treated better.

  • April 11, 2018

    UberBlack Drivers Aren't Uber Employees, Judge Rules

    A Pennsylvania federal judge ruled Wednesday that Uber doesn't have to face putative class claims that it did not pay its drivers properly under the Fair Labor Standards Act, saying the UberBlack limo drivers failed to show that they are employees.

  • April 11, 2018

    NLRB Joint Employer Test Still In Limbo Despite New Member

    With the D.C. Circuit tightening the screws on the National Labor Relations Board to firmly establish a joint employer standard, Wednesday’s confirmation of former Morgan Lewis & Bockius LLP attorney John Ring may not be enough to quickly break through the ethical logjam that doomed the board's attempt to put a more employer-friendly standard in place late last year, lawyers say.

  • April 11, 2018

    Cenveo Defends Bid To Hire Ex-VP As Bankruptcy Consultant

    Envelope maker Cenveo Inc. Tuesday told a New York bankruptcy court that creditors’ concerns about the company hiring a former vice president to renegotiate its leases is misplaced, saying he has the necessary experience and will be less expensive than a national firm.

  • April 11, 2018

    DOL Wage Amnesty Program Could Hurt Workers: State AGs

    Attorneys general for 10 states and Washington, D.C., raised concerns Wednesday that a newly launched federal wage amnesty program could hurt workers, warning Labor Secretary Alex Acosta that they will still enforce their states’ wage laws against participants.

  • April 11, 2018

    Lathrop Gage Snags LA Insurance Partner From Latham

    Lathrop Gage LLP has added an insurance recovery and counseling partner from Latham & Watkins LLP to its Los Angeles office, the firm announced Tuesday.

  • April 11, 2018

    Ill. Can't Duck Suit From Transportation Trainees With Autism

    Illinois’ Department of Transportation and its Central Management Services agency cannot escape a civil rights suit brought by two Illinois men with autism who had sought full-time jobs with IDOT after three years as job trainees at the agency, an Illinois federal judge ruled Tuesday.

Expert Analysis

  • How Regulatory Power Is Moving To The States

    Ashley Taylor

    Despite the current momentum of federal deregulation, state agencies are buttressing consumer protections and ensuring there is no lapse in enforcement. State attorneys general are leading a charge into the perceived vacuum where federal agencies have retreated. The decentralization of oversight demands a more strategic, proactive approach to compliance, says Ashley Taylor of Troutman Sanders LLP.

  • Are Orders Denying Class Cert. Appealable In PAGA Cases?

    Felix Shafir

    For decades, plaintiffs who brought class actions in California could immediately appeal orders denying class certification under the “death knell” doctrine. But the growing number of representative claims under the Private Attorneys General Act have led to a recent reassessment of this decades-old rule in cases where plaintiffs allege both class and PAGA representative claims, say Felix Shafir and John Querio of Horvitz & Levy LLP.

  • NJ Employers Should Note Evolving Cannabis Laws

    Ruth Rauls

    While no new laws have been finalized yet, the stars may be aligning in New Jersey for significant changes to how it deals with cannabis. For employers, this means more employees using marijuana, medical or recreational, in the near future, says Ruth Rauls of Saul Ewing Arnstein & Lehr LLP.

  • Changes To Rule 23 Are Coming, Are You Prepared?

    Niki Mendoza

    Proposed amendments to the Federal Rules of Civil Procedure Rule 23, which governs class actions, are set to take effect on Dec. 1, 2018, pending approval. The amendments would significantly alter class action litigation procedure from notice to settlement, says Niki Mendoza of Garden City Group LLC.

  • The Arbitrability Of Claims Arising Under PAGA

    M.C. Sungaila

    If an employee asserts representative claims seeking civil penalties from his employer under California’s Private Attorneys General Act, are they arbitrable by agreement of the parties? Courts should adopt a unified approach to this question and allow representative PAGA claims to be arbitrated, so long as they are not outright waived, say M.C. Sungaila and Marco Pulido of Haynes and Boone LLP.

  • Employer Takeaways From Calif.'s Response To #MeToo

    Jamie Wright

    Because there is a clear definition of sexual harassment under both California and federal law, there are several precautions that employers can take to prevent the #MeToo movement from occupying their workspace, even as state representatives work to bolster the statutory scheme of protection, says Jamie Wright of Albright Yee & Schmit APC.

  • A Guide To Anti-Trafficking Compliance For Food Cos.

    Markus Funk

    Despite the 2016 dismissal of federal human rights cases against food companies in California, a similar class action — Tomasella v. Hershey Co. — was recently filed in Massachusetts federal court, and it’s one that companies in the sector should watch closely, says Markus Funk of Perkins Coie LLP.

  • Clarity For Cos. Facing Wage Claims In Colo. And Beyond

    Martine Tariot Wells

    The Colorado Supreme Court's recent decision in Hernandez v. Ray Domenico Farms is notable because it clarifies for employers (including multijurisdictional employers) and employees alike that unpaid wage claims under Colorado law have the same statute of limitations as claims under the Fair Labor Standards Act, say attorneys with Brownstein Hyatt Farber Schreck LLP.

  • Lawyering A La Carte: Unbundled Dispute Resolution Services

    David Wallace

    There's no reason for limiting unbundled legal services to family law or even pro se litigants. Wider adoption, especially by litigators, presents an opportunity to correct law's distribution and pricing problem, to make justice practically available to all, and to dethrone litigation as the "sport of kings," says New York-based trial lawyer David Wallace.

  • FCA Materiality May Return To High Court

    J. Alex Ward

    Recent cases demonstrate that, despite the U.S. Supreme Court’s ruling in Escobar, False Claims Act materiality questions remain and continue to be litigated. Gilead filed a petition for certiorari a few months ago, and it is a key case to watch, say attorneys with Morrison & Foerster LLP.