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Employment

  • June 21, 2019

    Justices Could Blunt Racial Bias Cases With Comcast Ruling

    The U.S. Supreme Court has agreed to consider what role racism must play in a contract decision before a discrimination case against Comcast can move forward, and attorneys expect the justices' answer will make it a little harder to keep race discrimination cases alive.

  • June 21, 2019

    Amazon Studios Atty Joins Sex Bias Suit Against Jones Day

    An in-house Amazon Studios attorney and former Jones Day associate has sought to be included in a $200 million proposed class and collective action that contends the BigLaw firm discriminates against women.

  • June 21, 2019

    Mass. Judge Says Some Six Flags Workers Are Owed OT

    A Massachusetts state court has found that a local Six Flags and its operator are on the hook for overtime hours worked in three out of six years claimed by a class of employees, finding that state law only exempts parks operating rides less than 150 days a year.

  • June 21, 2019

    6th Circ. Revives Vet's Wrongful Firing Suit Against AMC

    The Sixth Circuit has ruled that movie theater chain AMC must face trial over a former employee's claim that he was illegally fired due to his superiors' hostility toward his service in the Ohio National Guard, saying a jury has enough evidence to conclude that his military status played a role in his ouster.

  • June 21, 2019

    Texas Justices Say More Proof Needed For $1.37M Sanction

    The Texas Supreme Court on Friday wiped out a $1.37 million sanction against a doctor in a defamation case, holding that even when attorney fees are awarded as sanctions, winning parties still need to show the fee award is reasonable.

  • June 21, 2019

    5 Employment Law Issues To Watch In 2nd Half Of 2019

    The possibility that California’s wage laws will be extended to out-of-state businesses, the EEOC’s revamped pay reporting requirements and the heightened risk that workers will abscond with trade secrets when they jump to new jobs in a hot economy are among the issues that should be top of mind for employers in the second half of 2019.

  • June 20, 2019

    Museum Of Sex Allows Systematic Sexual Harassment: Suit

    The Museum of Sex in New York City "has a problem keeping [its] employees free from sexual harassment" at the hands of both patrons and other employees, a former tour guide said in a suit filed in New York state court Wednesday.

  • June 20, 2019

    Kirkland Guides Tennis Player In Appeal Over Match Sanction

    Professional tennis player Anna Tatishvili alleged Thursday that Grand Slam officials wrongly sanctioned her for failing to play to an unclear “professional standard” when they forced her to forfeit the €46,000 ($52,000) she earned in her first round loss at the 2019 French Open, her first match in nearly three years after an injury.

  • June 20, 2019

    Whistleblower Seeks Justices' Take On $34M FCA Award Flip

    The First Circuit paused its decision that flipped a $34 million False Claims Act award from one whistleblower to another as the initial award winner's estate asks the U.S. Supreme Court to weigh in on a circuit split over a technical aspect of the "first-to-file" rule.

  • June 20, 2019

    SUNY Research Foundation, Others Beat Race Bias Suit

    A New York federal judge has largely tossed a sprawling suit accusing the Research Foundation for the State University of New York, the state family services office, a mental health nonprofit and a handful of their employees of discriminating against a black ex-foundation worker because of her race.

  • June 20, 2019

    NY Bill Opens New Front In Debate Over Gig Workers' Status

    A recent New York state legislative proposal to let Uber drivers and other “gig economy” workers form unions offers a novel solution to the puzzle of fitting a 21st century labor model into a 20th century work law mold, but the swift backlash shows this fix may not be ready for prime time.

  • June 20, 2019

    Alliant Hit With Del. Injunction Over Lockton Worker Raid

    Citing a potentially damning list of "reasonably probable" trial findings, a Delaware vice chancellor on Thursday issued a preliminary injunction barring Alliant Insurance Services Inc. from servicing dozens of brokerage clients allegedly gained by raiding the staff of a Denver-based Lockton Cos. Inc. affiliate.

  • June 20, 2019

    NY Passes Sexual Harassment, Farmworker Rights Bills

    New York lawmakers passed a bill that would erase the requirement that behavior be "severe or pervasive" in order to violate state law against workplace sexual harassment, as well as a bill to beef up farmworkers' rights, with the end of the Empire State's 2019 legislative session looming.

  • June 20, 2019

    1st Circ. Again Finds Ex-Maine Gov. Immune From Rival's Suit

    The First Circuit on Wednesday upheld the dismissal of a suit targeting former Maine Gov. Paul LePage over his 2015 threat to pull state funding from an educational nonprofit that offered a job to a political rival, finding LePage has qualified immunity against such claims.

  • June 20, 2019

    Retiree Benefits Committee OK'd In Sears Ch. 11

    A New York bankruptcy judge Thursday found an official committee will be needed to deal with a challenge to Sears Holding Corp.'s termination of life insurance policies for tens of thousands of retirees.

  • June 20, 2019

    Jackson Lewis Picks Up Veteran Attorney From Littler

    Jackson Lewis PC has beefed up its Arizona presence by luring a Littler Mendelson PC attorney with nearly two decades of experience practicing employment law. 

  • June 20, 2019

    Shkreli Settles Disputes With His Former Drug Co. Retrophin

    Roughly three weeks after suing the supposed masterminds of his ouster from biotech company Retrophin Inc., notorious pharmaceutical executive Martin Shkreli has settled the suit as well as a years-old fight with his former company.

  • June 20, 2019

    Class Claims Cut From Railroad Suppliers No-Poach Suit

    A Pennsylvania federal judge on Thursday dismissed class claims from a suit accusing three major railroad equipment suppliers of reaching no-poach agreements, ruling that the ex-employees hadn't established that the alleged agreements suppressed salaries for every worker at the companies.

  • June 20, 2019

    9th Circ. Revives H-2A Shepherds' Minimum Wage Suit

    A split Ninth Circuit on Wednesday revived a lawsuit brought by a group of foreign shepherds on H-2A visas accusing a ranch of underpaying them, ruling that the shepherds had met the standards for keeping their suit in federal court.

  • June 20, 2019

    Sprint Agrees To Pay $4M For Using Surveys To Dock Wages

    A certified class of Sprint retail workers asked a California federal judge on Thursday to sign off on a $4 million deal resolving claims that the telecommunications giant unlawfully deducted wages from their paychecks to penalize workers in stores experiencing dips in customer satisfaction.

  • June 20, 2019

    More Info Needed To OK $7M Transport Co. Wage Case Deal

    A California federal judge has rejected a proposed $7 million deal seeking to end wage-and-hour class claims that transportation company Renzenberger Inc. denied workers rest breaks and minimum wage, saying the parties haven't sufficiently justified the terms of the settlement.

  • June 20, 2019

    Ex-Hertz GC Aims To Escape $200M Accounting Errors Suit

    The former general counsel of Hertz Global Holdings Inc. asked a New Jersey federal court Thursday to toss claims against him in a company lawsuit alleging that he and two other onetime executives were to blame for accounting errors that led to more than $200 million in purported damages for the rental car giant.

  • June 20, 2019

    Hogan Lovells Adds Mandatory Harassment Training In UK

    Hogan Lovells is implementing mandatory anti-bullying and harassment training for all its U.K. staff, saying in an announcement Thursday that the new measure is part of an ongoing program to ensure employees are able to recognize and confront “unacceptable behavior.”

  • June 20, 2019

    U. Of Miami Says Ex-Student's Harassment Suit Is Off Target

    The University of Miami told a Florida federal court Wednesday that a former business school student's claims that it failed to address a professor's alleged sexual harassment are far from being "textbook examples" of Title IX and Civil Rights Act violations as she has alleged.

  • June 20, 2019

    'Homeless' Company Says Former Exec Withheld Millions

    A California company specializing in energy efficiency products accused its founder of withholding cash and more than $6 million in assets after he was pushed out as president by a new board, forcing the company to file for Chapter 11.

Expert Analysis

  • What's Ahead For LGBTQ Rights Legislation

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    The U.S. House of Representatives recently passed the Equality Act to amend various civil rights laws for explicit inclusion of sexual orientation and gender identity as protected characteristics. However, critics have raised several concerns and the bill faces tougher odds in the Senate, say Jason Brown and Robert Quackenboss at Hunton.

  • Series

    Why I Became A Lawyer: A Fateful Phone Call

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    When I was growing up, my mother was always the more mild-mannered parent. But during a trans-Atlantic phone call in 1991, when I told her I wanted to go to culinary school instead of law school, she started yelling — at a volume I had never heard from her, says Jason Brookner of Gray Reed.

  • Law Firms Can Do Better With Their Mentoring Programs

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    There are a few practical, proactive steps law firms can take to create a mentoring program that pays dividends — instead of creating a mediocre program that both parties see as an obligation, says Kate Sheikh of Major Lindsey & Africa.

  • Confidentiality: The New Employee Arbitration Battleground

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    The National Labor Relations Board's decision that arbitration agreements may not lawfully require employees to keep arbitrations confidential is not precedential and is expected to receive further review from the NLRB. But it is still useful for understanding the impact of the U.S. Supreme Court's Epic Systems decision, say Jared Gardner and Danielle Ryman of Perkins Coie.

  • Justices Highlight Importance Of Title VII Procedural Details

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    The U.S. Supreme Court's Title VII charge-filing decision in Fort Bend County v. Davis places the burden on employers to keep a watchful eye on complaints and promptly raise defenses that may rid them of an employment discrimination claim on procedural grounds, says Arlene Switzer Steinfield of Dykema.

  • 'Rocket Docket' Justifies Its Name For 11th Straight Year

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    The U.S. District Court for the Eastern District of Virginia “rocket docket” is still the fastest federal civil trial court in the country despite some recent trends causing its median time to trial to grow to 13.2 months, says Robert Tata of Hunton.

  • The NLRB's Mixed Messages About Chain Of Command Rules

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    While the National Labor Relations Board decision in PAE Applied Technologies reaffirmed the board's long-standing hostility to chain of command restrictions on government contractor employee communications, the decision may also include an exception to the rule, says Daniel Altchek of Miles & Stockbridge.

  • Opinion

    No Need For Calif. Privacy Law To Cover Employee Data

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    A proposed amendment that would exclude employees from the California Consumer Privacy Act's definition of “consumer” may not be as broad as some would hope, but every business subject to the CCPA that employs California residents would significantly benefit if it is enacted, says Nathan Taylor of Morrison & Foerster.

  • Avoiding Joint Employer Issues Under Uncertain Standards

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    At best, there is no consistency when it comes to joint employer standards. But while lawyers pontificate on the nuances in rulings and pronouncements, the real issues employers routinely face are not part of this discussion, says Jeffrey Heller of Vorys Sater.

  • 3 Years Of The Defend Trade Secrets Act: The Open Questions

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    When the Defend Trade Secrets Act was enacted in May 2016, many commentators believed that it would result in a unified body of federal trade secrets law to replace the patchwork of disparate state laws that federal courts had been applying. But since then — spoiler alert — not much has changed, say Debbie Berman and Aaron Hersh of Jenner & Block.

  • 5 Key Issues In Acquiring Transportation Infrastructure Assets

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    There is a growing trend of governmental agencies contracting and leasing viable operating transportation infrastructure assets. Such opportunities for the private sector may exist in connection with any contemplated upgrade, extension or other modification of an asset that a governmental entity needs to finance, say José Morán and Juan Gonzalez of Baker McKenzie. 

  • 10 Labor And Employment Considerations In Esports

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    As new companies enter the esports space — which could reach revenues of $1.1 billion in 2019 — the importance of proactively addressing potential labor and employment issues is highlighted by the industry’s unique characteristics, say Jonathan Stoler and Daniel Masakayan at Sheppard Mullin.

  • Measuring The Value Of A Law Firm's Social Media Efforts

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    Most legal marketers struggle to show the return on investment of their social media efforts, but establishing and answering several key questions can help demonstrate exactly how social media programs contribute to a law firm's bottom line, say Guy Alvarez of Good2bSocial and communications consultant Tom Orewyler.

  • Why Association Health Plans Are Still A Great Idea

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    Notwithstanding a recent federal court decision undercutting the U.S. Department of Labor’s association health plan rules, as well as constitutional challenges to the Affordable Care Act that may affect the legality of some plans, employer groups should consider forming AHPs, says Jewell Esposito of FisherBroyles.

  • Anticipating Potential Updates To Ill. Biometric Privacy Law

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    Bills introduced in the Illinois Legislature would amend the Biometric Information Privacy Act to remove the private right of action and expand its definition of “biometric identifier." Attorneys at Quarles & Brady discuss the amendments' potential implications and other BIPA issues that could soon be resolved.

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