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

  • August 8, 2018

    Judge To Screen Clerk Linked To BYU-Idaho In Title IX Suit

    An Idaho federal judge whose new law clerk’s brother is the Title IX compliance officer at Brigham Young University-Idaho said Tuesday the clerk "will be screened from ... and will not be involved with" a woman's lawsuit accusing the school of failing to report a sexually abusive professor.

  • August 8, 2018

    EEOC Says Female Employees Harassed At Sports Bar

    The Equal Employment Opportunity Commission said that female employees at the Albuquerque branch of a chain of Mexican-themed sports bars experienced sexual harassment that created a hostile work environment, accusing the company of failing to take action in a complaint filed Wednesday in New Mexico federal court.

  • August 8, 2018

    9th Circ. Keeps Trucker Wage Suit In Federal Court

    The Ninth Circuit on Wednesday reversed a lower court's decision to remand a trucker’s putative wage and hour class action against Swift Transportation to California state court, finding the trucking company showed potential damages exceed the $5 million threshold for federal class actions when including future recoverable attorneys' fees.

  • August 8, 2018

    Insurance Inspectors Strike $2.4M Deal To End Wage Suit

    Overland Solutions Inc. struck a $2.4 million deal Wednesday with a proposed class of insurance inspectors who claim they were misclassified as independent contractors and denied proper wages, sending the deal to a California state judge for approval.

  • August 8, 2018

    Missouri Loss Suggests 'Right-To-Work' Push Is Losing Steam

    The resounding defeat Tuesday of a Missouri ballot measure that would have banned making workers pay for union representation shows that after a recent wave of state laws targeting union fees and a big U.S. Supreme Court win for foes of organized labor, the "right-to-work" movement may be losing traction, experts say.

  • August 8, 2018

    NCAA Adopts Series Of Reforms Amid Hoops Bribery Probe

    Elite high school and college basketball players may seek advice from agents to make decisions about their potential professional careers, and school presidents will be held to a higher standard of accountability for rule violations as part of reforms adopted by the NCAA on Wednesday amid an ongoing federal probe into bribery and corruption in the sport.

  • August 8, 2018

    Bribery Trial Judge Asks How $60K Cash Fits In 'Man-Purse'

    The Manhattan federal judge overseeing the bribery trial of former union boss Norman Seabrook was curious Wednesday about the $60,000 allegedly paid to Seabrook in exchange for a hedge fund investment, pressing a key witness on how that much cash could have been stuffed in a small-sized “man-purse.”

  • August 8, 2018

    NYC Is 1st Major US City To Cap Uber, Lyft Licenses

    New York City on Wednesday became the first major U.S. city to curb the number of Uber, Lyft and similar for-hire vehicles on its roads after the City Council approved a one-year freeze on issuing new licenses to app-based ride-hailing services, while also setting a wage base for drivers.

  • August 8, 2018

    EEOC Slaps Ga. Piggly Wiggly With Sexual Harassment Suit

    The U.S. Equal Employment Opportunity Commission on Wednesday said it has filed suit against the operator of a now-shuttered Piggly Wiggly in Hogansville, Georgia, claiming the grocery store refused to take action when two female employees complained of sexual harassment and ultimately fired the victims for speaking up.

  • August 8, 2018

    NJ-NY Train System Knocks Down Conductor's Injury Suit

    A New Jersey appeals court on Wednesday affirmed the Port Authority Trans-Hudson Corp.'s trial win in a suit brought by a former train conductor who said her shoulder was badly injured when she opened a stuck door between cars.

  • August 8, 2018

    2nd Circ. Scolds Judge For Nixing Wage Suit Ahead Of Trial

    A New York federal judge incorrectly pulled the plug on a wage and hour class action by laundromat workers just a week before a scheduled trial after determining on her own accord they had abandoned their federal claims without giving them a chance to weigh in, the Second Circuit ruled Wednesday.

  • August 8, 2018

    JB Hunt Drivers Lose Class Cert. Ahead Of Calif. Wage Trial

    A California federal judge on Tuesday decertified an approximately 11,000-strong class of J.B. Hunt Transport Inc. drivers accusing the trucking giant of shorting them on wages, meal and rest breaks, saying there are too many variations in how the company's piece-rate compensation system was applied.

  • August 8, 2018

    H&M Workers Win Bag Check Cert. After Starbucks Ruling

    A California federal judge granted class certification Wednesday to some claims that H&M doesn't pay workers for time spent in security checks, finding under the California Supreme Court’s recent Troester v. Starbucks decision that the clothing chain can't argue its inspections were too short to trigger legal liability.

  • August 8, 2018

    Papa John's Workers Seek Class Cert. In Unpaid Training Suit

    A proposed nationwide class of hourly employees at Papa John's has asked a California federal court to conditionally certify a lawsuit claiming the workers were stiffed on minimum wages because the pizza chain forced them to complete mandatory off-the-clock training on its corporate website.

  • August 8, 2018

    Rising Star: Katz Marshall's Alexis Ronickher

    Katz Marshall & Banks LLP partner Alexis Ronickher has successfully represented clients in sexual discrimination and harassment cases, including a former congressional staffer who brought allegations against then-Congressman Patrick Meehan, and in whistleblower actions, making her one of five employment attorneys under age 40 honored as a Law360 Rising Star.

  • August 8, 2018

    Pro Soccer Team Can't Escape Suit Over Violent Teammate

    The D.C. United professional soccer team can't duck a suit over a player with violent tendencies who hit a teammate so hard he suffered a career-ending concussion, a Washington, D.C., federal court said on Wednesday, sweeping aside the team's preemption arguments thanks in large part to a tactical error.

  • August 7, 2018

    Missouri Voters Reject Right-To-Work Law

    Missouri residents on Tuesday shot down a ballot measure that would have implemented a so-called right-to-work law the state's former governor signed in 2017, rebuking efforts by the state’s Republican leaders to let workers stop paying fees to their unions and delivering the labor movement a win.

  • August 7, 2018

    AIDS Foundation Can Pay Employees For Referrals: 11th Circ.

    The Eleventh Circuit agreed Tuesday with a lower court’s decision to side with the AIDS Healthcare Foundation Inc. in a suit accusing it of paying employees kickbacks for referring patients to services at the nonprofit’s facilities, writing that the organization is authorized to pay its employees for referrals.

  • August 7, 2018

    Ariz. Fire District Says Fired Captains Distorted ADEA

    An Arizona fire department urged the U.S. Supreme Court on Monday to rule that the Age Discrimination in Employment Act applies only to political subdivisions of a certain size, saying that two fire captains distorted the statute’s language in attempting to keep their age bias suit afloat.

  • August 7, 2018

    Cable Installer Strikes Deal With Workers In OT Suit

    Grayco Communications LP has agreed to shell out individual payments to a group of cable workers who alleged they were stiffed on overtime pay in violation of the Fair Labor Standards Act, according to a proposed settlement filed Tuesday in Louisiana federal court.

Expert Analysis

  • Opinion

    Law Schools Must Take A Stand Against Mandatory Arbitration

    Isabel Finley

    Later this week, Harvard Law students will begin bidding on interview slots with the nation’s top law firms. Our institutions owe it to their students not only to require firms to disclose mandatory arbitration provisions in new associate contracts, but also to bar employers from on-campus recruiting if they require these provisions, says Isabel Finley, a third-year student at Harvard Law School and president of the Harvard Women’s Law Association.

  • Maine Court Strikes A Blow Against Medical Marijuana Users

    Lino Lipinsky

    Last month, the Maine Supreme Court ruled in Bourgoin v. Twin Rivers that employers are not required to pay for employees' medical marijuana under the state's worker's compensation statutes. This decision provides lessons for employers throughout the country, say Lino Lipinsky and Nikko Stevens of Dentons.

  • How Courts Approach Trade Secret Identification: Part 1

    Mark Klapow

    Analytical data of thousands of federal trade secret cases suggest that trade secret identification falls far short of the speed, efficiency and clarity that Congress envisioned — and industry sought — when passing the Defend Trade Secrets Act, say attorneys with Crowell & Moring LLP.

  • Interpreting Complex Statutes: When To Go Beyond The Text

    Edward Zelinsky

    The U.S. Supreme Court’s majority and dissenting opinions in Wisconsin Central v. U.S. — a significant decision for the tax community despite receiving little attention last month — are an important exploration of when it is permissible for a court to use interpretive tools like legislative history, administrative interpretation and policy outcomes to find the meaning of complex statutory language, says Professor Edward Zelinsky of Benjamin N. Cardozo School of Law.

  • Collective Action Defendants, Don't Count Out Early Opt-Ins

    Juan Enjamio

    Following the Eleventh Circuit's decision in Mickles v. Country Club Inc., defeating conditional certification will not result in automatic dismissal without prejudice of early opt-ins in collective action cases, say Juan Enjamio and Anna Lazarus of Hunton Andrews Kurth LLP.

  • Myths And Facts About Using TAR Across Borders

    John Tredennick

    Many legal teams involved in cross-border matters still hesitate to use technology assisted review, questioning its ability to handle non-English document collections. However, with the proper expertise, modern TAR can be used with any language, including challenging Asian languages, say John Tredennick and David Sannar of Catalyst Repository Systems.

  • Vaccine Mandates And Lessons On Legal Compliance

    Alan Berkowitz

    Terminating or disciplining an employee who declines to get a vaccine because of a disability or religious belief exposes an employer to significant risk of a discrimination lawsuit. In Ruggiero v. Mount Nittany Medical Center, the Third Circuit established a relatively low threshold for employees to get past the initial pleading stage, say attorneys with Dechert LLP.

  • How Binding Is That 30(b)(6) Testimony?

    Steven Kramer

    Under the Federal Rules of Civil Procedure, a Rule 30(b)(6) witness gives testimony on behalf of a company and the general rule is the company cannot present facts that conflict with the testimony of its designee. But as the Tenth Circuit recently held in Snapp v. United Transportation Union, the general rule should not be overstated, says Steven Kramer of Eckert Seamans Cherin & Mellott LLC.

  • Relief For Calif. Employers Facing Wage Statement Claims

    Gilbert Tsai

    In Maldonado v. Epsilon Plastics, a California appeals court recently recognized the inherent unfairness of penalizing California employers twice for a single payroll error, holding that inaccurate wage statements alone do not justify penalties, say Gilbert Tsai & Josue Aparcio of Hanson Bridgett LLP.

  • Epic Systems And The Erosion Of Federal Class Actions

    Amanda Karl

    Over the last decade, the U.S. Supreme Court has made it progressively harder for consumers and employees to vindicate their rights through class actions. Although plaintiffs can still bring meritorious class actions in federal court, the recent decision in Epic Systems confirms that plaintiffs should look for creative alternatives in state court, say Amanda Karl and Steven Tindall of Gibbs Law Group LLP.