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Employment

  • June 17, 2019

    Chancery Closes Road For Hertz Mid-Case Legal Fee Appeal

    Saying that a partial judgment appeal right is not an invitation to swamp the state Supreme Court's docket, a Delaware vice chancellor on Monday rejected a motion by The Hertz Corp. for a mid-case appellate review of recent legal fee advancement awards for four executives.

  • June 17, 2019

    Ex-Jones Day Partner Drops Bias Suit Alleging 'Frat Culture'

    A former Jones Day partner has dropped her California state court suit claiming the firm fired her for speaking out against its alleged "fraternity culture" that treated women like "second-class citizens," Jones Day said Monday.

  • June 17, 2019

    Domino's Owes $9M For Delivery Driver's Catastrophic Crash

    A Florida state jury has awarded nearly $9 million against Domino's Pizza for the injury and death of a former firefighter and paramedic after a 2011 crash caused by one of its delivery drivers.

  • June 17, 2019

    Pepperidge Farm Nears OK On $22.5M Misclassification Deal

    A California federal judge on Monday said he wanted some more information before he'll approve a $22.5 million settlement to resolve claims that Pepperidge Farm Inc. denied employment benefits to product distributors in California, Massachusetts and Illinois by misclassifying them as independent contractors.

  • June 17, 2019

    NYC Celebrity Chef Tip Suit Settles For $10K

    A proposed wage-and-tipping collective action filed by two former employees of the famed Felidia restaurant in New York City has settled in federal district court for $10,000, although the plaintiffs say they would have recouped around $46,000 had they succeeded on all their claims.

  • June 17, 2019

    Asian Ex-Greenspoon Partner Settles Bias Suit Against Firm

    Greenspoon Marder LLP has resolved a suit alleging it discriminated against a Korean American “top performer” because of his race and national origin, according to an order filed Monday in New York federal court.

  • June 17, 2019

    NY Lawmakers Propose Gig Worker Bargaining Bill

    New York lawmakers have proposed a bill in the New York State Legislature that would empower workers in the "gig economy" to form unions and provide them certain wage-related rights.

  • June 17, 2019

    DOJ Addicted To Failed FCA Theory, Hospital Chain Says

    The U.S. Department of Justice is clinging to a discredited False Claims Act theory that improperly imposes stricter billing standards in privately run Medicare Advantage than traditional government-run Medicare, California hospital chain Sutter Health said Friday.

  • June 17, 2019

    EEOC Expects To Open Pay Data Collection July 15

    The U.S. Equal Employment Opportunity Commission is on track to start collecting employers’ EEO-1 payroll data next month, the agency said in a Washington, D.C., federal court filing.

  • June 17, 2019

    Jimmy John's Challenges Legal Standard In No-Poach Case

    Jimmy John's asked an Illinois federal judge Friday to let it challenge her reasons for forcing it to face antitrust allegations over no-poach provisions in its franchise agreements, saying the appeal could significantly advance its case and several similar ones nationwide.

  • June 17, 2019

    5th Circ. Sinks $65M Stanford Insurance Scam Deal

    The Fifth Circuit on Monday vacated a $65 million deal ending claims that Lloyd's of London and other underwriters should cover losses from R. Allen Stanford's $7 billion Ponzi scheme, taking issue with a provision that barred future claims against the underwriters.

  • June 17, 2019

    BofA Workers Seek To Certify Class Of 33K In Wage Row

    Workers who say Bank of America owes them unpaid wages have asked a California federal court to allow them to pursue their suit against the financial services giant as a class action that could cover more than 33,000 employees, according to court records.

  • June 17, 2019

    Fla. Judge Axes 'Political' Wage Suit Against Trump For Now

    A Florida federal judge on Friday dismissed a proposed class action alleging that Donald Trump's presidential campaign underpaid and discriminated against black women workers, saying that the pleadings present “a political lawsuit, not a tort and wages lawsuit” and that they must be amended.

  • June 17, 2019

    7th Circ. Breathes New Life Into Alcoholic Worker's Bias Row

    The Seventh Circuit has revived discrimination claims by an African American former Chicago water district worker who suffered from alcoholism, saying a trial court set the legal bar too high when it cast aside the worker's allegations of being illegally fired because of his race and disability.

  • June 17, 2019

    High Court Won't Review Block On ACA Birth Control Rules

    The U.S. Supreme Court on Monday turned away a bid by the Trump administration and a religious group for review of a block on interim rules that exempted employers with religious objections from providing birth control coverage required by the Affordable Care Act.

  • June 17, 2019

    Sears Says It Had The Right To End Retiree Insurance Plan

    Sears has told a New York bankruptcy court that its Chapter 11 case doesn’t need a retiree committee to look into the disputed cancellation of a retiree life insurance plan, saying it has no money to pay for the insurance even if the retirees are entitled to it.

  • June 17, 2019

    NJ Justices Won't Review Gym Worker's Race Bias Suit

    The New Jersey Supreme Court has declined to review a lower court's finding that a former fitness club manager has to arbitrate her racial discrimination claim because she agreed to alternative dispute resolution when signing her employee contract, according to an order made public Monday.

  • June 17, 2019

    Supreme Court Dodges New Gay Wedding Cake Fight

    The U.S. Supreme Court on Monday once again punted a major case over the ability of business owners to deny services to LGBT people for religious reasons, telling a lower court to reexamine an Oregon bakery's refusal to make a cake for a same-sex wedding.

  • June 14, 2019

    Employers May Limit Unions' Worksite Actions, NLRB Says

    The National Labor Relations Board ruled Friday that employers can ban union representatives from organizing in areas of their property open to the public, upending a nearly four-decade old standard in finding that a Pennsylvania hospital legally kicked organizers out of a cafeteria.

  • June 14, 2019

    American Airlines Wins Temporary Block On Work Slowdown

    A Texas federal judge on Friday approved a request by American Airlines to block mechanics unions from engaging in "any form of interference" with the airlines' operations while it continues its lawsuit alleging the unions are using illegal work "slowdowns" to gain leverage in contract negotiations.

  • June 14, 2019

    NLRB Advice Memo Raps Ban On Social Media Criticism

    Employers can't block their workers from criticizing them on social media, though they can keep the employees from accessing those sites with their company devices, the National Labor Relations Board general counsel's office said in one of three advice memorandums posted Friday.

  • June 14, 2019

    Union Blasts 'Orwellian' NLRB Effort To Muzzle 'Scabby'

    A New York construction workers union is trying to prevent well-known labor protest symbol Scabby the Rat from being muzzled for good by the National Labor Relations Board, which they accused Friday of mounting an Orwellian effort to upend First Amendment union protections.

  • June 14, 2019

    NYC Uber Rules Aren't A Cure-All For Driver, Traffic Woes

    New York City’s strict limitations on the growth of Uber, Lyft and other app-based ride-hailing services are aimed at increasing drivers’ earning potential and cutting traffic congestion, but the mixed-bag approach to leveling the competition between tech-based companies and traditional taxicabs may blow back on consumers, experts say.

  • June 14, 2019

    9th Circ. Says Military 'Trans Ban' Injunction Must Be Revisited

    The Pentagon's transgender policy differs enough from an earlier ban that a district court must reexamine its decision to carry over a related injunction, the Ninth Circuit ruled Friday, but the policy is clearly based on transgender status, not a medical condition, and must therefore face heightened scrutiny.

  • June 14, 2019

    PNC Accused Of Stiffing Call Center Workers On OT

    PNC Bank and its parent company failed to pay call center workers for their overtime hours by making them read work-related emails off the clock and keeping them at work during meal breaks, according to a proposed class action filed Friday in Pennsylvania federal court.

Expert Analysis

  • What 9th Circ.'s Take On Dynamex Means For Calif. Employers

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    In Vazquez v. Jan-Pro, the Ninth Circuit ruled that the California Supreme Court’s Dynamex decision should be applied retroactively, reminding employers of the hurdles presented by Dynamex’s so-called ABC test for worker classification, and of the potential exposure for employee misclassification, says Grant Alexander of Alston & Bird.

  • Inside The New FCA Cooperation Credit Guidelines

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    The recently issued U.S. Department of Justice cooperation credit guidelines provide False Claims Act litigators important information about factors the government considers before awarding cooperation credit or moving to intervene and dismiss a qui tam relator's suit, say attorneys at Cleary.

  • Q&A

    A Chat With Gilead Sciences Legal Ops Leader Gary Tully

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    In this monthly series, legal recruiting experts from Major Lindsey & Africa interview legal industry leaders about the increasingly competitive business environment. Here, Rod Osborne talks with Gary Tully, head of legal operations at Gilead Sciences.

  • How DOJ Compliance Guide Affects Employer Best Practices

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    April guidance from the U.S. Department of Justice on corporate compliance programs serves as a reminder of the value of coordination among a company’s human resources, legal and compliance functions, say Steven Pearlman and Pinchos Goldberg of Proskauer.

  • Claiming The 'Iron Throne' With A Noncompete?

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    While watching events unfold on the final season of "Game of Thrones," it occurred to me: Many of Daenerys Targaryen’s problems concerned with her claim to the Iron Throne might have been solved with an enforceable noncompete, says Emily Wajert of Kramer Levin.

  • Cybersecurity Enforcement Shouldn't Be Left To FCA Relators

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    The denial last week of a contractor's motion to dismiss a False Claims Act case in the Eastern District of California wrongly looks to whistleblowers for cybersecurity enforcement and may allow cybersecurity to become the qui tam bar’s next feeding ground, say Robert Metzger and Stephen Bacon at Rogers Joseph O'Donnell.

  • EEOC Data Rules Pose 2 Equal Pay Study Challenges

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    New reporting requirements will provide the U.S. Equal Employment Opportunity Commission with additional data to evaluate employers’ pay practices, but the type of data to be collected and the statistical tests the EEOC proposes may result in several issues for employers, says Audrius Girnius at Advanced Analytical Consulting Group.

  • Opinion

    Calif. Fair Pay Law Is Unfair To Startup Founders

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    It's time for legislatures and courts to recognize the unfair burden the California Fair Day’s Pay Act has placed on company leaders — like founders of California startups — by holding them liable for failure to pay wages, say David Siegel and Mital Mikada of Grellas Shah.

  • Series

    Why I Became A Lawyer: Completing The Journey Home

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    My mother's connection to her Native American heritage had a major influence on my career — my decision to enter the legal profession was driven by the desire to return to my tribal community and help it in any way I could, says Jason Hauter of Akin Gump.

  • 4 Steps For New Jersey Equal Pay Act Compliance

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    As New Jersey's Equal Pay Act approaches its one-year anniversary, partners at Deloitte and members at Epstein Becker discuss what employers should do now to reduce exposure to claims brought under the expansive pay equity law.

  • Practical Safeguards For Employee Use Of Messaging Apps

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    Independent of the U.S. Department of Justice's recent interest in instant and ephemeral messaging apps, companies have plenty of sound reasons to control their use in the office and have an array of tools to do it, say Erin Schrantz and Andrew Philip Walker of Jenner & Block.

  • Opinion

    High Court Got It Right On FCA Time Limits

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    Monday’s 9-0 decision in Cochise Consultancy v. U.S. showed again that the U.S. Supreme Court isn't easily tempted to undermine the central purpose of the False Claims Act — holding fraudsters accountable when they pick the public’s pocket, says Scott Oswald of The Employment Law Group.

  • Series

    Judging A Book: Wood Reviews 'The Making Of A Justice'

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    Retired U.S. Supreme Court Justice John Paul Stevens' new book, "The Making of a Justice," is required reading for anyone interested in 20th and 21st century America, says Seventh Circuit Chief Judge Diane Wood.

  • Managing Spirituality Initiatives In The American Workplace

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    Though it's an emerging and underdiscussed trend, more and more U.S. employers and CEOs see the “faith at work” movement as a means of improving business ethics, enriching employee wellness and strengthening the bonds of their corporate community, say Robert Quackenboss and Madalyn Doucet of Hunton.

  • State Net

    State Lawmakers Stepping Up Fight Against Insurance Fraud

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    Insurance fraud costs insurers and their policyholders tens of billions of dollars a year. With insurance fraud-related bills introduced in 40 states and enacted in 14 so far this year, state lawmakers seem to agree with the industry that fraud is a major problem, says Korey Clark of State Net Capitol Journal.

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