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Employment

  • 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.

  • January 7, 2019

    Morgan Lewis Adds Immigration Attys From Baker McKenzie

    Morgan Lewis & Bockius LLP said Monday that it has added two labor and immigration attorneys previously with Baker McKenzie, one as a partner in Washington, D.C., and one as of counsel in Miami.

  • January 7, 2019

    Law Firm Owner's Ties To Car Co. Merit DQ, Calif. Panel Says

    A California appeals court Monday barred a law firm from representing a former executive for a luxury vehicle dealership in a defamation and contractual interference lawsuit against his ex-employer, finding the firm owner’s previous status as an executive for the dealer worthy of disqualification.

  • January 7, 2019

    Supreme Court Again Pushes Back 3 LGBT Bias Petitions

    The U.S. Supreme Court on Monday pushed back a closely watched trio of petitions asking whether federal workplace discrimination law protects LGBT workers, relisting them for consideration at its upcoming judicial conference Friday after having failed to act on them following its most recent conference last week.

  • January 7, 2019

    H&R Block Fights MDL Push For 'No Poach' Pact Suits

    H&R Block Inc. has told the U.S. Judicial Panel on Multidistrict Litigation that there’s no reason to consolidate five potential class actions over noncompete contracts and “no poach” agreements, arguing the cases aren’t spread out enough and will be even less so when half wind up in arbitration.

  • January 7, 2019

    Colo. Can't Dodge Masterpiece Baker's Bad Faith Suit

    Colorado officials must face a lawsuit filed by the baker who won a landmark U.S. Supreme Court LGBT rights case last year, a federal judge has ruled, saying the state’s second discrimination complaint against him was likely brought in bad faith.

  • January 7, 2019

    Union Seeks Arbitration Redo In Disney World Servers' Suit

    A union argued Monday that state and federal law supports a Florida federal court vacating an arbitration award and appointing a new arbitrator in a dispute over tip calculations for Walt Disney World restaurant servers because the appointed arbitrator allegedly failed to timely conclude the underlying dispute.

  • January 7, 2019

    $1.3M Settlement Reached In MLB's Streaming Unit OT Suit

    MLB Advanced Media has agreed to pay roughly $1.3 million to settle claims that it routinely stiffed its video editors for years on overtime pay, after a former employee hit the powerhouse streaming specialist with a proposed class and collective action last spring.

  • January 7, 2019

    High Court Won’t Review Nixed $663M Guardrail FCA Ruling

    The U.S. Supreme Court said Monday it would not review a False Claims Act suit over unsafe Trinity Industries highway guardrails, letting stand a circuit court decision that the government's continuing to pay for the barriers after learning of the fraud fatally undermined the whistleblower's case.

  • January 7, 2019

    Bridge Worker Hurt In NJ Can't Get Pa. Benefits, Court Says

    A Pennsylvania appeals court said Monday that a contractor who was hurt while working on the Benjamin Franklin Bridge, which connects Philadelphia with New Jersey, was not entitled to workers' compensation benefits from both states for an injury sustained on the New Jersey side of the span.

  • January 7, 2019

    High Court Denies Gilead FCA Case After DOJ Thumbs-Down

    The U.S. Supreme Court on Monday chose not to hear a prominent False Claims Act case linking Gilead Sciences Inc. to sketchy drug manufacturing, a move that follows the U.S. Department of Justice’s bombshell vow to end the whistleblower-led litigation.

  • January 4, 2019

    LA Fitness Beats Suit Over Employee Who Killed Bicyclist

    A California appeals court on Thursday cleared LA Fitness in a suit accusing the fitness club chain of being responsible for the death of a bicyclist struck by an employee sent home for being high on drugs, saying the club can’t be held legally responsible.

  • January 4, 2019

    As The Ball Drops, Minimum Wage Rises In 19 States

    As the calendar flipped to January, 19 states as well as several cities saw their minimum wage rates tick upward, a trend that experts say is likely to continue, since the government hasn’t moved to increase the federal wage floor in a decade.

  • January 4, 2019

    Ex-Prez Of Miramax LA Wants Out Of Weinstein Suit

    A former Miramax executive named in a wide-ranging proposed class action against Harvey Weinstein and more than a dozen of his former businesses and associates asked a New York federal court Friday to dismiss the claims against him, given his tenuous connection to Weinstein's alleged sexual misconduct.

  • January 4, 2019

    Employers Who Fight EEOC Subpoenas Face Uphill Battle

    Employers have had a hard time fighting U.S. Equal Employment Opportunity Commission subpoenas since an April 2017 U.S. Supreme Court ruling limited court review of the agency's information bids, experts say, forcing businesses to undertake costly data searches and potentially fork over fodder for sprawling bias suits.

  • January 4, 2019

    Calif.'s Piece-Rate Compensation Law Affirmed On Appeal

    A California appellate court on Friday affirmed the state’s 2016 piece-rate compensation law after finding that a farmers support organization did not effectively show that the law is unconstitutionally vague, saying that ambiguous language in a statute does not automatically make it void.

  • January 4, 2019

    For-Profits Could Owe Portion Of Nonprofit Executive Pay Tax

    Recent guidance to help nonprofits calculate excise taxes on excess pay for top executives could potentially hit related for-profits for a portion of the tax bill if they hire the executives and grant them equity rights.

  • January 4, 2019

    DHS Atty Joins Hunton Andrews Kurth's Immigration Group

    Hunton Andrews Kurth LLP has boosted its immigration and employment practice with the addition of a former U.S. Department of Homeland Security attorney and policy official to its Washington, D.C., office, the firm said Thursday.

  • January 4, 2019

    BNSF Fights 7th Circ. Bid To Revive Obese Driver's ADA Suit

    BNSF Railway Co. has told the Seventh Circuit that a lower court rightly found that obesity didn’t qualify as an impairment under the Americans with Disabilities Act, urging the appeals court not to revive a Chicago Transit Authority bus driver’s wrongful termination suit under the anti-discrimination law.

Expert Analysis

  • Series

    Judging A Book: Ginsburg Reviews 'The Curse Of Bigness'

    Judge Douglas Ginsburg

    When reading Tim Wu’s new book, "The Curse of Bigness: Antitrust in the New Gilded Age," lawyers, economists and historians will find its broad brush maddening, and the generalist reader will simply be misled, says D.C. Circuit Judge Douglas Ginsburg.

  • 5 Things You Should Know About New Rule 23 Amendments

    John Lavelle

    For the first time in 15 years, Federal Rule of Civil Procedure 23, governing class actions, has been amended. There are five key changes that will likely impact future federal class action litigation and settlements, say John Lavelle and Terese Schireson of Morgan Lewis & Bockius LLP.

  • Not Too Late For Small Business Owners To Lower 2018 Taxes

    Steve Moskowitz

    While the best tax plans are usually implemented year-round, small business owners still have time to consider whether taking certain steps will lower their 2018 tax bill, says Steven Moskowitz of Moskowitz LLP.

  • Practitioner's Guide To Stratified Random Sampling: Part 2

    Brian Kriegler

    In the final part of this article, Brian Kriegler of Econ One Research Inc. uses a hypothetical wage-and-hour example involving on-duty meal period agreements to simplify the application of stratified random sampling for correct use in a legal setting.

  • EEOC Puts The Pedal To The Metal: FY 2018 Results

    Christopher DeGroff

    Just as the waning months of fiscal year 2017 showed a marked increase in U.S. Equal Employment Opportunity Commission filings, this year turned up the heat even more, demonstrating that the agency’s litigation program is not slowing down any time soon, say attorneys with Seyfarth Shaw LLP.

  • Practitioner's Guide To Stratified Random Sampling: Part 1

    Brian Kriegler

    Brian Kriegler of Econ One Research Inc. explains when it might be advantageous to select a random sample that has been divided into multiple subpopulations, such as when evaluating the rate at which a large medical provider submitted ineligible Medicare reimbursements over 10 years.

  • Understanding Treasury's New Hardship Distribution Rules

    Jorge Leon

    In November, the Treasury Department issued proposed regulations expanding the safe harbor for hardship distributions from qualified retirement plans. Now plan sponsors need to consider whether, when and how they will adapt, say attorneys at Michael Best & Friedrich LLP.

  • NLRB Contract-Bar Rule Continues To Confuse

    Douglas Darch

    Two recent decisions from the National Labor Relations Board, which address when the so-called contract-bar doctrine prohibits an election petition, highlight the continued uncertainty surrounding the rule, say Douglas Darch and Jenna Neumann of Baker McKenzie.

  • The Future Of Paid Leave In Texas And Beyond

    Steve Roppolo

    At least 29 Texas lawmakers have vowed to introduce legislation in January that would prohibit local governments from implementing paid sick leave ordinances. However, it likely would not let employers completely off the hook, as U.S. workers may see some form of federal paid leave soon, says Steve Roppolo of Fisher Phillips.

  • Will High Court Resurrect The Nondelegation Doctrine?

    William Araiza

    Gundy v. U.S. is a case that hinges on the nondelegation doctrine. The oral argument featured U.S. Supreme Court justices seemingly stretching to find the “intelligible principle” required to legitimate a congressional delegation of authority to a federal agency, says William Araiza of Brooklyn Law School.