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Employment

  • June 7, 2019

    Consignment Sale Workers Are Employees, DC Circ. Says

    Individuals who helped sell children’s merchandise for a consignment organizer were correctly deemed by the U.S. Department of Labor to be employees who were entitled to minimum wages and not volunteers as the company claimed, the D.C. Circuit ruled Friday.

  • June 7, 2019

    NJ Judge Sued For 'Discourteous' Remarks Gets Reprieve

    A New Jersey state court ruled Friday that a city prosecutor’s lawsuit over a municipal judge’s allegedly "discourteous" remarks about a scheduling issue must be dismissed for now, reasoning that a hostile work environment complaint must be backed up by allegations of discrimination or retaliation.

  • June 7, 2019

    Mexican Visa Co. Can't Duck Migrant Working Conditions Suit

    A Mexican visa processing center can't escape a federal class action accusing a Washington state blueberry farm of mistreating its migrant farm workers by providing them with food that made them sick and withholding water in the fields.

  • June 6, 2019

    Embattled NJ Judge Fires Back At Sex Harassment Suit

    New Jersey Superior Court Judge John F. Russo Jr. shot back Thursday at his former law clerk's sexual harassment suit, denying her allegations that he engaged in a pattern of abusive behavior in a work environment she has described as being a "nightmare."

  • June 6, 2019

    9th Circ. Judge Rips Trump's 'Broad' Birth Control Exemption

    A Ninth Circuit judge on Thursday criticized the Trump administration’s proposed rules that would exempt employers from providing access to birth control on religious or moral grounds, saying they constitute “a rather broad nullification of what Congress intended” and would let anybody avoid complying with the law.

  • June 6, 2019

    BofA Says Plaintiff Firm Is Harassing Its Workers In OT Battle

    Bank of America wants a California federal court to block an attorney from contacting members of a proposed class of employees who say the Wall Street behemoth wrongly denied them overtime, accusing the lawyer of a "campaign of abuse and intimidation."

  • June 6, 2019

    Cancer Center Says It's Done Paying Ex-CEO's Legal Bills

    A Florida network of cancer treatment centers filed suit in Delaware Chancery Court Thursday seeking a ruling that it is no longer required to advance the legal fees of its former CEO as he defends against enforcement actions relating to his tenure at the helm of the company because he secretly launched a competing operation.

  • June 6, 2019

    9th Circ. Urged To Rethink Retroactive Dynamex Application

    The California Employment Law Council has thrown its support behind a cleaning franchiser’s bid for the full Ninth Circuit to review its finding that the California Supreme Court's landmark Dynamex decision, which makes it harder for businesses to classify their workers as independent contractors, applies retroactively.

  • June 6, 2019

    Ex-Shire Unit Exec Reaches $2.5M Deal In Kickback Case

    The former president of a Shire PLC subsidiary will pay $2.5 million to end claims in Florida federal court that company salespeople used kickbacks and other shady means to push the use of a skin substitute product under his watch, the U.S. Department of Justice said Thursday.

  • June 6, 2019

    Masterpiece No Help For Florist In Same-Sex Wedding Case

    The Washington Supreme Court concluded Thursday that since it had no religious antagonism toward a florist when it found that her refusal to provide floral arrangements for a same-sex wedding violated state law, there was no reason to change its ruling in light of the U.S. Supreme Court's Masterpiece Cakeshop decision.  

  • June 6, 2019

    Bodybuilding Video Can't Sink SpaceX's Win In Welder's Suit

    A California state appeals court declined Wednesday to revive a welder's wrongful termination and sexual harassment suit against SpaceX, rejecting her claim that a judge wrongly allowed the jury to see a video of her at a bodybuilding competition, among other arguments.

  • June 6, 2019

    Sheppard Mullin Latest Firm To Court Cannabis Business

    Sheppard Mullin Richter & Hampton LLP officially announced it is open for cannabis business this week, going public with a specialized industry group that includes more than 70 attorneys in 12 offices.

  • June 6, 2019

    EEOC Wants Suit Over Gay Workers' Rights Tossed Or Paused

    If a Texas federal court doesn't throw out a lawsuit challenging the U.S. Equal Employment Opportunity Commission's stance that Title VII protects gay and transgender workers, it should freeze the case until the U.S. Supreme Court weighs in on the federal anti-discrimination law's scope, the EEOC said. 

  • June 6, 2019

    NJ Doctor Not Covered For $2.8M Patient Abuse Verdict

    A neurology center operator and an insurer won't need to cover a New Jersey doctor for a $2.8 million verdict over his sexual relationship with a brain injury patient, a New Jersey federal court has ruled.

  • June 6, 2019

    Ex-NFLer Must Arbitrate Award Beef With Litigation Funder

    A former National Football League player must go to arbitration over his effort to avoid paying a litigation funder part of his $1.9 million award from the league's concussion settlement, a Pennsylvania federal judge ruled Wednesday.

  • June 6, 2019

    UBS Workers Must Arbitrate Deferred Compensation Fight

    An Illinois federal judge ruled Wednesday to compel a proposed class of ex-UBS employees to arbitration with the banking titan in a suit over allegations that it forced laid-off workers to sign away any claims against it in order to receive deferred compensation.

  • June 6, 2019

    3rd Circ. Won't Revive Diabetic Worker's Bias Suit

    The Third Circuit said Wednesday it would not revive a fired Temple University Health System employee’s disability bias suit after finding she had disregarded the demands of her job and the company did not fire her due to her diabetes.

  • June 5, 2019

    Fox Likely Won’t Get Quick Win In Netflix Exec Poaching Battle

    A Los Angeles judge indicated Wednesday he's not likely to grant Fox a quick win on claims Netflix illegally poached two of its executives, but said he's leaning toward throwing out Netflix's cross-claims that Fox's employment contract illegally restrains employee mobility and business competition.

  • June 5, 2019

    Fiat Chrysler Held Exec's Pay For Aiding SEC Probe, Suit Says

    The executive in charge of U.S. sales for Fiat Chrysler Automobiles NV says the company cut off most of his compensation after he cooperated with a U.S. Securities and Exchange Commission probe of FCA's sales figures, according to a suit removed on Wednesday to Michigan federal court.

  • June 5, 2019

    NJ Pols Pan 'Sloppy' Legal Advice In Campaign Rape Probe

    New Jersey lawmakers who investigated how an accused rapist got a high-ranking job in Gov. Phil Murphy's administration slammed an attorney's "sloppy" purported legal advice to keep the allegations confidential, saying Wednesday it kept the incoming Democratic governor in the dark about a serious accusation to which he was privy.

  • June 5, 2019

    Farm Labor Contractors Penalized For Wage, Safety Violations

    A father-son farm labor contracting duo must pay out $75,000 after refusing to pay workers and making them drive vehicles that were missing mirrors and partially held together with duct tape, the U.S. Department of Labor said Tuesday.

  • June 5, 2019

    Johns Hopkins Settles Nurses' Union Suppression Claims

    National Nurses United on Wednesday announced a deal with Johns Hopkins Hospital resolving allegations that the Johns Hopkins University affiliate trampled on nurses' labor rights by trying to suppress their ongoing organizing campaign.

  • June 5, 2019

    Goya Wants $2.5M Pension Promise Row Heard In Fed. Court

    Goya Foods Inc.'s Puerto Rican arm moved Tuesday to transfer its workers' lawsuit over an allegedly broken pension promise away from the island's superior court, telling a federal judge that since the suit concerns employee benefits, it must be brought under the federal Employee Retirement Income Security Act.

  • June 5, 2019

    Wash. Floats Plan To Boost White Collar OT Salary Threshold

    Washington state employment regulators have unveiled a proposed rule to hike the minimum salary amount that white collar workers must earn to qualify for overtime exemption to nearly $50,000 per year for big companies and about $35,000 for small businesses, which comes as the federal government ponders a more modest increase.

  • June 5, 2019

    KFC, Taco Bell Operator Gets Redo On $1.5M Sex Bias Verdict

    A Delaware federal judge has nixed a $1.5 million verdict against the operator of more than 200 KFC and Taco Bell locations, finding that the jury was likely confused by the case put forward by a former worker alleging she was mistreated because she was breastfeeding.

Expert Analysis

  • Opinion

    Keep Increasing Pressure Against Noncompetes

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    Arguments made by defenders of noncompetes are based on old assumptions about labor markets that economists have begun to abandon, says Eric Posner of MoloLamken.

  • Keeping Up With A Changing Worker Classification Landscape

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    In light of the of the U.S. Department of Labor's new guidance on worker classification and states' adoption of so-called ABC classification tests, companies operating in multiple states will need to weigh the costs of maintaining workforces composed of both contractors and employees, says Eve Wagner of Sauer & Wagner.

  • How Paycheck Fairness Act Would Bolster US Equal Pay Law

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    While the Paycheck Fairness Act — which recently passed in the House — is unlikely to become law anytime soon, employers would do well to comply with the spirit of the pay disparity and salary history inquiry provisions, says Jennifer Queliz of Cozen O'Connor.

  • An Overview Of The Debate Over Litigation Finance Disclosure

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    In light of a New York federal court's recent decision in Benitez v. Lopez, which joins a growing body of case law denying forced disclosure of commercial litigation finance, Stephanie Spangler of Norris McLaughlin and Dai Wai Chin Feman of Parabellum Capital break down the arguments commonly raised for and against disclosure.

  • FCA Challenge Poses 2 Potential Questions For Justices

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    If the U.S. Supreme Court accepts Intermountain Healthcare v. U.S., it is unlikely to consider the constitutional challenge to the False Claims Act, but may address the Tenth Circuit's incorrect analysis of how Federal Rule of Civil Procedure 9(b) should apply to FCA cases, says Laurence Freedman of Mintz.

  • 2 New Efforts To Clarify Employee Cannabis Drug Testing

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    The vacuum of federal guidance concerning employee cannabis drug tests has cultivated considerable confusion for employers. Attorneys at Eversheds Sutherland discuss two recent proposals in NYC and Congress that attempt to address this issue.

  • Opinion

    New Title IX Rules Would Protect Due Process

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    While the U.S. Department of Education's proposed changes to Title IX regulations may be imperfect, they present a fairer system with clear standards that can ensure the integrity of results for all parties in Title IX proceedings, says Kimberly Lau of Warshaw Burstein.

  • What To Expect From New EEOC Pay Data Demands

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    A recent D.C. federal court order requires the U.S. Equal Employment Opportunity Commission to collect pay data from employers by Sept. 30. This reporting burden is significant, and there will likely be errors and inconsistencies as companies interpret the requirements in the context of their workforce demographics, says Jeffrey Heller of Vorys Sater.

  • How To Identify And Deal With Narcissists In Law

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    Given that a large swath of the legal profession may display some narcissistic tendencies, it is important for lawyers to know how to address the narcissist in the room — and it may be you, says Jennifer Gibbs of Zelle.

  • Exploring EEOC Charge Questions At High Court

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    During U.S. Supreme Court oral arguments in Fort Bend County v. Davis, Justice Samuel Alito seemed to favor the argument that defendants can rely on procedurally defective U.S. Equal Employment Opportunity Commission charges at any point in litigation. But there is concern that this would impose a burden on district courts, says Arlene Switzer Steinfield at Dykema.

  • New Clarity From NLRB On Successor Bargaining Duties

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    The National Labor Relations Board's recent Ridgewood Health Care Center decision will benefit successor employers in escaping so-called perfectly clear successor liability, providing flexibility following an acquisition of a business with a unionized workforce, say Amber Rogers and Gary Enis at Hunton.

  • Looking For The Hows And Whys Of FCA Cooperation Credit

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    Recent statements from the U.S. Department of Justice hint that formal guidance regarding cooperation in False Claims Act cases is coming. Recurrent themes found in the Justice Manual and other agencies’ cooperation policies suggest how the DOJ may frame cooperation and its benefits, says Megan Jeschke of Holland & Knight.

  • Title VII And LGBT Discrimination: The Path To The High Court

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    The U.S. Supreme Court recently agreed to hear three cases involving the extent of Title VII's protections for LGBT discrimination. Melissa Legault of Squire Patton Boggs discusses the circuit court splits that brought the issue to the justices, as well as regulatory developments that contributed to inconsistent interpretations of the law.

  • Q&A

    A Chat With Cleary Chief Talent Officer Hy Pomerance

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    In this monthly series, legal recruiting experts from Major Lindsey & Africa interview management from top law firms about the increasingly competitive business environment. Here, Amanda Brady and Dustin Laws talk with Hy Pomerance, chief talent officer of Cleary.

  • Prepping For New Mass. Paid Family And Medical Leave Law

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    Although employees will not be entitled to take leave under Massachusetts' new paid family and medical leave law until 2021, employers face upcoming 2019 deadlines for compliance with key aspects, say attorneys with Goodwin.

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