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Employment

  • 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.

  • June 19, 2019

    Ex-Agent Says APA Fosters 'Sexually Abusive Environment'

    A former talent agent at the Agency for the Performing Arts in Los Angeles filed an anonymous lawsuit Wednesday accusing her old employer of maintaining a “toxic, pervasive and sexually abusive environment” that crushed her career dreams and subjected her to verbal and physical abuse.

  • June 19, 2019

    NLRB Can't Shut Down 'Scabby'-Aided Protest

    A Brooklyn federal judge on Wednesday denied a National Labor Relations Board official’s request that he stifle a labor protest at several Staten Island supermarkets, rejecting the board’s bid to deflate well-known protest symbol Scabby the Rat.

  • June 19, 2019

    Texas Panel Lets Ex-LLC Owner Access Company Records

    A divided Texas appellate court has ruled that a former member of a limited liability company can access company records because he "has been admitted as a member" under state law, in an opinion that required the justices to closely study the statute's grammar.

  • June 19, 2019

    Staying Awake Is Essential To Surveillance Job, 5th Circ. Says

    A Texas woman failed to convince the Fifth Circuit that staying awake isn't an essential part of her job as a surveillance specialist for Charter Communications Inc., and that her narcolepsy diagnosis caused supervisors to treat her like a "pariah" even after attempting to accommodate the disability.

  • June 19, 2019

    Jenner & Block Lures Back Atty From Job With Drink Brands

    A former Jenner & Block LLP attorney has returned to the firm's Los Angeles office as a partner in the complex commercial litigation practice with a food and beverage focus, after serving as a lawyer for the holding company behind such brands as Pom Wonderful and Fiji Water, the firm said Tuesday.

  • June 19, 2019

    NLRB Nixes Arbitration Pact That Curbs Board Access

    The National Labor Relations Board cut down a California hospital's arbitration agreement on Tuesday, saying it unlawfully restricted workers' ability to avail themselves of the agency's legal processes.

  • June 19, 2019

    USTR Says Mexico's NAFTA 2.0 Labor Rules Can Be Enforced

    U.S. Trade Representative Robert Lighthizer assured lawmakers Wednesday morning that Mexico would honor its newly passed labor laws as required by the renegotiated North American Free Trade Agreement, as House Democrats pressed the trade ambassador on how this new version of the trilateral deal would be enforced.

  • June 19, 2019

    BofA Workers' Suit Crumbles; Judge Slams 'Silly' Calif. Law

    A California federal judge said Wednesday he was leaning against certifying a class of Bank of America workers who claim they were misclassified as exempt from overtime pay, while at the same time criticizing elements of the state's employment law as "silly" and "arbitrary."

  • June 19, 2019

    Gov't Had No Role In Ex-Tribal Worker's Firing, Feds Say

    A U.S. attorney urged a Washington federal judge to throw out a former tribal health executive's suit against the government alleging three Sauk-Suiattle Indian Tribe officials illegally fired him for whistleblowing about unlawful practices, asserting that the government has no control over employment decisions at the tribally owned health clinic.

  • June 19, 2019

    3rd Circ. Won't Revive Ex-Medco Exec's FCA Kickback Suit

    The Third Circuit has refused to revive a former Medco Health Solutions Inc. executive's False Claims Act kickback suit over allegedly secret drug discounts, agreeing with a lower court that he didn't show he was the original source of the information he based his claims on.

  • June 19, 2019

    Tampa Transit Agency Can't Duck Union's Chilled Speech Suit

    The mass transit agency for the Tampa, Florida, area cannot ditch a suit alleging it violated the First Amendment by threatening to discipline bus drivers for distributing leaflets at a rally after a federal judge ruled Wednesday that the union had sufficiently alleged the agency's threats chilled drivers' speech.

  • June 19, 2019

    Hawaii Hilton Co. Escapes Whistleblower Suit In 9th Circ.

    The Ninth Circuit has agreed with a Hawaii lower court's judgment favoring Hilton Grand Vacations Co. LLC in a whistleblower suit brought by a former employee, ruling that he was never actually fired by the timeshare company.

  • June 19, 2019

    Longtime Anchorwomen Say NY1 Cut Their Airtime

    Five female news anchors at cable channel NY1 have slapped Charter Communications with an age and gender discrimination suit that claims the media giant sidelined them once they hit 40 because managers wanted younger talent in front of the camera.  

  • June 19, 2019

    NJ Dairy Co.'s 'Good Faith' Defense Can't Cream OT Suit

    The New Jersey state appeals court ruled that a state regulator’s opinion on a complaint doesn't preclude a separate lawsuit arising from the same type of matter, issuing a published decision Wednesday that reinstated a Cream-O-Land Dairy LLC driver’s proposed class action seeking more overtime pay.

  • June 19, 2019

    Ex-Concrete Co. Head Owes $900K In Unpaid Employment Tax

    A former president of a concrete company is liable for more than $900,000 in unemployment taxes that a subcontractor didn't pay, after a Pennsylvania federal court found he was responsible for the subcontractor's operations and willfully failed to pay.

  • June 19, 2019

    Franczek Hires Former Ogletree Deakins Employment Atty

    Franczek PC has brought on board an employment and labor attorney from Ogletree Deakins Nash Smoak & Stewart PC who has more than 25 years of experience representing and advising employers in a variety of sectors, the firm announced.

Expert Analysis

  • 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.

  • The Narrow Scope Of NLRB's Independent Contractor Memo

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    A recent memo from the National Labor Relations Board concluded that Uber drivers are independent contractors, but companies seeking to use independent contractors could face less favorable outcomes when similar facts are applied to the varying tests that are controlling in other contexts, says Corey Clay at Benesch Friedlander.

  • Reports On USMCA Offer Industry-Specific Guidance For Cos.

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    Recent reports from the International Trade Commission and the U.S. Trade Representative have assessed the likely impacts of the U.S.-Mexico-Canada Trade Agreement on the U.S. economy. By reviewing the reports' predictions for their industries, companies can be better prepared in case the USMCA is ratified, say Francesca Guerrero and Kayla Toney of Winston & Strawn.

  • Top Insights From NLRB’s New Advice Opinions

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    The National Labor Relations Board’s Division of Advice recently issued 18 memos addressing issues such as independent contractor status and union dues. Although it might seem like reading tea leaves, it's possible to discern some patterns by looking at the decisions collectively, says Marc Antonetti of BakerHostetler.

  • The Evolution And Limits Of NY's Recalcitrant Worker Defense

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    The standard for property owners and general contractors attempting to mount a recalcitrant worker defense in New York court has grown increasingly difficult to meet, say Kelly McGee and Amanda McKinlay at Goldberg Segalla.

  • Calif. Employer Strategies For Retrospective Data Collection

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    The Ninth Circuit's recent decision in Vazquez v. Jan-Pro Franchising — allowing the California Supreme Court’s worker classification opinion in Dynamex to be applied retroactively — may result in employers seeking ways to collect retrospective workforce data. There are several techniques to accomplish this, says Elizabeth Arnold of Berkeley Research Group.

  • Perspectives

    NLRB Case Hinders Workers' Path To Justice

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    A little-noticed National Labor Relations Board filing has taken the U.S. Supreme Court's 2018 class action waiver decision and turned it into a justification for further limiting workers’ access to courts, says Sharon Block, executive director of the Labor and Worklife Program at Harvard Law School.

  • State Net

    California's Amended, Ambiguous Data Privacy Law

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    Recently advanced bills are aiming to carve out numerous exceptions to California’s sweeping data privacy law before it goes into effect next year. But more significant may be the fact that many of the law's terms are vaguely defined, making compliance challenging, says Rich Ehisen of State Net Capitol Journal.

  • Planning For DOL's Overtime Rules In A Tough Labor Climate

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    Coupled with a historically tight labor market, the U.S. Department of Labor's recently proposed overtime regulations have the potential to place even greater strain on employers already struggling to attract and retain new talent, says Felix Digilov of Fisher Phillips.

  • Employer Visa Challenges Inspire Forward-Thinking Bill

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    A recent uptick in nonimmigrant visa denials has caused uncertainty for many U.S. employers, but the proposed Immigration Innovation Act could help reform existing law and slash many of the restrictive policies that have ensued in recent years, say Sanjee Weliwitigoda and Xavier Francis of Berry Appleman.

  • 5 Mitigation Strategies To Address Employee Pay Gaps

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    The recent reintroduction of the U.S. Equal Employment Opportunity Commission’s EEO-1 reporting process provides an added incentive for many employers to examine their pay structures. But if a pay gap is identified, employers may struggle with how to best respond, says Quenton Wright of Charles River Associates.

  • Opinion

    Millennials Are Pushing Back Against Law Firm Sexism

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    A recent survey of millennial attorneys shows men and women are having very different BigLaw experiences, but share similar goals. It's imperative that partners recognize that they’re the ones in a position to change the culture, says Michelle Fivel of Major Lindsey.

  • Assessing The Availability Of Jury Trials For PAGA Claims

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    Although California’s appellate courts have yet to decide whether litigants are entitled to jury trials for Private Attorneys General Act claims, several trial court decisions can help litigants as they evaluate this issue in their own PAGA cases, say Felix Shafir and John Querio of Horvitz & Levy.

  • And Now A Word From The Panel: Why Not Just Arbitrate?

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    A recent ruling by the Judicial Panel on Multidistrict Litigation, concerning the possibility of compelled arbitration over allegedly defective cement siding, illustrates how the panel’s decision-making process turns on whether a proposed MDL will "promote the just and efficient conduct" of the litigation, says Alan Rothman of Arnold & Porter.

  • A Preview Of The Retirement Plan That Could Become Law

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    A bill intended to help Americans save for retirement passed the U.S. House of Representatives last week with overwhelming bipartisan support. With a similar bill already passed by the Senate in April, Congress seems finally poised to act, says Brenda Berg of Holland & Hart.

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