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Employment

  • December 13, 2018

    Texas Court Sends Metals Co. Noncompete Row To Arbitration

    A Texas appellate court on Thursday held a trial court wrongly refused to send to arbitration a lawsuit brought by two former US Money Reserve Inc. employees who had asked a state district judge to declare their noncompete agreements invalid.

  • December 13, 2018

    NYC Cab Drivers Settle Suit Claiming Uber Is Their Employer

    New York City taxi drivers who say they are exploited by Uber and should be paid as employees settled their lawsuit against the ride share giant Thursday, according to a court filing lodged about three months after a Manhattan judge warned the drivers their case might be on thin ice.

  • December 13, 2018

    New Philly Fair Workweek Law May Face Court Fight

    A recently launched legal challenge to New York City's so-called Fair Workweek Law requiring fast-food and retail workers to receive advance notice of their work schedules signals what experts say could be a tough road ahead for a similar ordinance adopted by the Philadelphia City Council last week.

  • December 13, 2018

    TGI Fridays Beats Class Cert. Bid In Vacation Pay Suit

    An Illinois federal judge has refused to certify a class of former TGI Fridays workers who claimed a payroll glitch led to them not getting timely paid for vacation benefits they hadn't used when they left the company.  

  • December 13, 2018

    Congress Passes Capitol Hill Sexual Harassment Reform

    Congress passed a bill Thursday amending congressional accountability rules to make members of Congress pay sexual harassment judgments and settlements out of pocket and say publicly when they strike deals.

  • December 13, 2018

    Pa. Whistleblower Claim Not Barred By Older Law, Court Says

    A manager’s retaliation claim against the Lehigh Valley Health Network Inc. was revived by the Superior Court of Pennsylvania Wednesday when an appellate panel ruled she could bring a claim under the state’s whistleblower law without first going through the Pennsylvania Human Relations Act.

  • December 13, 2018

    Oil Platform Co. Asks 5th Circ. To Toss $3.2M Injury Verdict

    ENI US Operating Co. has urged the Fifth Circuit to toss a jury’s verdict awarding $3.2 million to an offshore drilling technician who was injured when he fell from a crane, arguing the jury should have heard evidence about the man’s prescription drug use before the accident.

  • December 13, 2018

    Engineering Co. Worker's $3.3M Injury Award Cut To $600K

    A Florida federal judge cut down a $3.3 million award by a jury to a woman whose hands were mangled by an R.T. Engineering Corp. wire bundling machine, downgrading it to  $608,744.

  • December 13, 2018

    9th Circ. Won't Revive Long-Running Raytheon FCA Suit

    The Ninth Circuit has refused to revive a long-running whistleblower suit that accuses Raytheon of bilking the federal government on a satellite sensor contract, saying the relator had failed to provide sufficient information about the company’s alleged False Claims Act violations despite six attempts to do so.

  • December 13, 2018

    How To Throw A Holiday Party — Without The Legal Hangover

    While holiday parties may be a time-honored tradition for many companies, they present unique challenges that can land careless employers in legal hot water, especially in a year when the #MeToo movement has pushed concerns about workplace sexual harassment to the forefront of public consciousness, attorneys say. Here, Law360 looks at 4 things employers should keep in mind to make sure that holiday parties don’t become fodder for lawsuits.

  • December 12, 2018

    Mortgage Co. Settles Loan Insurance FCA Case For $14.5M

    Finance of America Mortgage will pay $14.5 million to resolve a whistleblower lawsuit alleging that a predecessor company originated and underwrote deficient loans backed by federal insurance in violation of the False Claims Act, the U.S. Department of Justice announced Wednesday.

  • December 12, 2018

    CBS News, 3 Female Staffers End Dispute Over Charlie Rose

    CBS News Inc. has reached a confidential settlement resolving claims made by three women in New York state court that it allowed former news personality Charlie Rose to sexually harass them by improperly ignoring other sexual harassment allegations against him for years.

  • December 12, 2018

    Sears Defends $25M Exec Bonuses From Trustee In Ch. 11

    Sears Holding Corp. on Wednesday asked a New York bankruptcy court to reject a U.S. Trustee’s Office challenge to its proposal to pay $25 million in bonuses to top executives and employees, saying it's established the bonuses are fair and needed.

  • December 12, 2018

    Wis. Painters Entitled To Damages In Underpaid OT Row

    A Wisconsin painting company violated state and federal wage law by paying overtime to a class of workers who earned different rates for different work at their lowest weekly wage rather than their average wage across the workweek, a Wisconsin federal judge said.

  • December 12, 2018

    Top Dem Says Transgender Ban Fight To Stay Only In Court

    The presumptive next chairman of the House Armed Services Committee said Wednesday that moves to overturn the military “transgender ban” will likely be restricted to court, suggesting that the Republican-controlled Senate would not support legislation to end the ban.

  • December 12, 2018

    AMC To Face Ex-'Walking Dead' Exec's $300M Royalties Suit

    A five-year fight between “The Walking Dead” show creator Frank Darabont and entertainment behemoth AMC over the hit zombie show’s royalties is poised to head to trial after a New York judge on Monday issued a long-awaited ruling keeping the $300 million case alive.

  • December 12, 2018

    UBS Balks At Whistleblower Case's $3.2M In Attys' Fees

    UBS Securities asked a New York federal judge Tuesday to reject a “jaw-dropping” and “excessive” $3.2 million in attorneys' fees requested by a former analyst who won a $1 million verdict in his whistleblower trial under representation by Herbst Law PLLC and Broach & Stulberg LLP.

  • December 12, 2018

    Chase Says Workers Reneged On Deal To End Seating Suit

    JPMorgan Chase accused two workers of reneging on a deal to drop a long-running California federal suit alleging it violates the state’s suitable seating law Tuesday, calling the purported about-face “vexatious, wanton and oppressive” and urging a judge to enforce the settlement.

  • December 12, 2018

    'Bundle' Buys Don't Avert FCA Liability, Feds Say In Bayer Suit

    The federal government has weighed in on a whistleblower suit accusing Bayer Corp. of paying kickbacks to get doctors to use a surgery drug called Trasylol, saying the company can still be held liable under the False Claims Act even though the government pays for the drugs as part of a bundle rather than individually.

  • December 12, 2018

    Rutgers Cop Still Can't Arbitrate Suspension, NJ Court Says

    The New Jersey state appeals court affirmed Wednesday the dismissal of a Rutgers University security officer’s lawsuit over his employer’s refusal to engage in arbitration before suspending him, ruling that it had already determined the grievance procedure in the collective bargaining agreement at issue didn’t apply to campus cops.

Expert Analysis

  • Opinion

    Pregnancy Discrimination Protections: We Can Do Better

    Craig Barkacs

    Despite strides toward eliminating workplace pregnancy discrimination in recent decades, protections are still not sufficiently established in our business culture or legal structure, says Craig Barkacs of University of San Diego School of Business.

  • 10 Tips For Law Firms To Drive Revenue Via Sports Tickets

    Matthew Prinn

    Many law firms have tickets or luxury suites at sporting events to host clients and prospects. Matthew Prinn of RFP Advisory Group and Matt Ansis of TicketManager discuss some of the ways that firms can use those tickets effectively.

  • Inside Key ABA Guidance On Attorneys' Cybersecurity Duties

    Joshua Bevitz

    A recent opinion from the American Bar Association provides useful guidance on attorneys’ obligations to guard against cyberattacks, protect electronic client information and respond if an attack occurs, says Joshua Bevitz of Newmeyer & Dillion LLP.

  • Employee Arbitration Agreements In NJ Face New Hurdles

    Benjamin Teris

    New Jersey state courts have been less favorable to employers than federal courts when it comes to enforcing arbitration agreements. The latest example is the Appellate Division’s precedential decision in Flanzman v. Jenny Craig, says Benjamin Teris of Post & Schell PC.

  • Reading Tea Leaves: The Oral Argument In Dawson V. Steager

    Edward Zelinsky

    Comments during oral argument in Dawson v. Steager suggest the U.S. Supreme Court will strike as discriminatory a West Virginia statute that taxes pensions of federal retirees. The question is how broadly the justices will apply the doctrine of intergovernmental tax immunity, says Cardozo School of Law professor Edward Zelinsky.

  • Texas Employers Take Notice: Proposed Bills For 2019

    Felix Digilov

    Many of the bills submitted at the end of the Texas Legislature's last session for consideration next year affect the workplace and carry the potential to significantly alter the landscape for employers and their employees, says Felix Digilov of Fisher Phillips.

  • Justices Hard To Read In Key Social Security Procedure Case

    Bill Nolan

    A case of great importance to advocates for Social Security claimants, Biestek v. Berryhill seems straightforward in one sense, but the range of questions at oral arguments before the U.S. Supreme Court suggest it may not be, says Bill Nolan of Barnes & Thornburg LLP.

  • Opening Comments: A Key Strategic Decision In Mediation

    Jann Johnson

    Opening comments by parties in mediation that are made with the proper content and tone can diffuse pent-up emotion and pave the way for a successful resolution. But an opening presentation can do more harm than good if delivered the wrong way, say Jann Johnson and William Haddad of ADR Systems LLC.

  • A Guide To Workplace Violence Prevention And Response

    Excerpt from Lexis Practice Advisor
    Elizabeth Harlan

    In this Lexis Practice Advisor excerpt, Elizabeth Harlan of Astrachan Gunst Thomas offers practical employer strategies for inhibiting and reacting to violence in the workplace.

  • Top 10 Whistleblowing And Retaliation Events Of 2018

    Steven Pearlman

    This year saw significant changes in the landscape of whistleblower and retaliation law, including a game-changing decision from the U.S. Supreme Court and the three largest bounty awards issued in the history of the U.S. Securities and Exchange Commission, say Steven Pearlman and Meika Freeman of Proskauer Rose LLP.