Employment

  • September 18, 2017

    Ex-FedEx Worker Tells Jury He Was Fired For Spotting Fraud

    Counsel for a former FedEx sales manager told a Tennessee jury during Monday opening statements the man was a top performer for the delivery services giant until he was fired for notifying his bosses that drivers and dispatchers were falsifying records to avoid the blame for late deliveries.

  • September 18, 2017

    Fox Hit With Fresh Retaliation Suit Over Alleged Host Rape

    A former Fox News contributor accused the network of blacklisting her for television appearances after she reported her alleged rape and continued harassment by Fox Business host Charles Payne, in a suit filed in New York federal court Monday.

  • September 18, 2017

    Charter Shorted Time Warner Workers Vacay Pay, Suit Says

    Charter Communications wrongly shorted former Time Warner Cable employees vacation pay in the transition following the telecom giants’ $55 billion merger, according to a putative class action that has been removed to California federal court.

  • September 18, 2017

    Ohio State Seeks To Punt Ex-Player’s Suit To State Court

    Ohio State University on Monday said it hasn’t waived its sovereign immunity over claims that banners hung in the school’s football stadium with former football players’ images violate the Sherman and Lanham Acts, urging a federal court to toss the antitrust claims and send the case to state court.

  • September 18, 2017

    11th Circ. Upholds Harassment Verdict Against Cooling Co.

    The Eleventh Circuit on Monday affirmed a jury verdict awarding $50,000 in emotional damages to a former employee of a water cooling company who claimed her boss sexually harassed her at work, finding the amount was reasonable in light of the evidence.

  • September 18, 2017

    Worker Must Have Meant To Deceive For Bias Suit To Be Nixed

    The Eleventh Circuit ruled Monday that a court cannot just dismiss an employee's discrimination suit against U.S. Steel Corp. because she did not disclose the claims in her bankruptcy petition without first analyzing whether she intentionally meant to mislead the courts with the omission.

  • September 18, 2017

    10th Circ. Bars FCA Suit Based On First-To-File Rule

    The Tenth Circuit on Monday, in a reversal of a lower court’s ruling, shot down a lawyer’s attempt to revive his former client’s False Claims Act suit as a relator, saying the suit is barred under an FCA provision prohibiting new relators from intervening in pending FCA actions.

  • September 18, 2017

    Chipotle Worker Says Overtime Suit Didn't Flout Texas Court

    A Chipotle Mexican Grill Inc. worker who filed a putative class action in New Jersey seeking overtime pay under an enjoined U.S. Department of Labor overtime rule change urged a Texas federal judge on Monday not to hold her and her counsel in contempt over the suit.

  • September 18, 2017

    Benefits To Ex-Avaya Worker's Widow Deemed Unsecured

    The widow of a former Avaya Inc. employee on Monday failed in her bid to have her survivorship benefits treated as an administrative expense rather than any other unsecured claim in the company’s ongoing restructuring in New York bankruptcy court.

  • September 18, 2017

    Ex-NHLer Fights Team, Insurer Bids To Bench Head Injury Suit

    Former NHL “enforcer” Michael Peluso on Friday hit back at motions to dismiss his Minnesota federal suit alleging the New Jersey Devils, St. Louis Blues and insurance companies intentionally hid the dangers he faced from continued head injuries, arguing that his claims fall outside the exclusivity of workers’ compensation frameworks of the states.

  • September 18, 2017

    Chipotle Worker Sexually Harassed, Locked In Freezer: EEOC

    Workers at a California Chipotle locked a coworker in a walk-in freezer after he reported their manager for sexual harassment that included her propositioning him and pantomiming sex acts with vegetables, the U.S. Equal Employment Opportunity Commission charged Monday in California federal court.

  • September 18, 2017

    8th Circ. Urged To Reverse $75M Union Pacific Tax Refund

    The IRS on Friday urged the full Eighth Circuit to rethink a panel decision awarding Union Pacific a $75 million tax refund, saying the appellate panel misconstrued what qualifies as deductible employee compensation.

  • September 18, 2017

    Boston Cops Get March Trial Date In Drug-Test Bias Dispute

    A Massachusetts federal judge told the city of Boston’s police department on Monday that it could not avoid a bench trial in a long-running dispute with black officers about whether its old drug-testing policies violated discrimination law.

  • September 18, 2017

    DOL Defends Authority To Issue Fiduciary Rule At DC Circ.

    The U.S. Department of Labor told the D.C. Circuit on Friday that it had the authority to promulgate its fiduciary rule for retirement account advisers, disputing the National Association for Fixed Annuities’ claim that the rule runs contrary to congressional intent.

  • September 18, 2017

    NCAA Concussion Class Blasts $6M Fee Request

    A class of student-athletes in multidistrict litigation against the NCAA over head injuries blasted a fee request from attorneys for the lead objector to their $75 million settlement on Friday, telling an Illinois federal court that the changes secured aren’t worth the $6 million the attorneys want.

  • September 18, 2017

    Bar On NFL’s Suspension Of Elliott Will Stay, Judge Says

    A Texas federal judge on Monday said the National Football League cannot hold off his decision to pause Dallas Cowboys star Ezekiel Elliott’s six-game domestic violence suspension, handing the running back another legal victory that will keep him playing this season.

  • September 18, 2017

    Minn. Appeal Panel OKs Partial Block Of Sick Leave Law

    A Minnesota state appeals court on Monday affirmed an order partially blocking a Minneapolis paid sick leave ordinance, saying that the city has a strong case for enforcing the law against Minneapolis-based businesses, but not against non-city businesses whose employees sometimes work there.

  • September 18, 2017

    FCC Probes Sinclair, Tribune For More Merger Specifics

    Sinclair Broadcast Group Inc. and Tribune Media Co. must offer specifics on how their combination would affect national and local media markets before the Federal Communications Commission will make a decision on their merger request, the agency has announced.

  • September 18, 2017

    GOP Health Care Push Puts Short-Term Fix In Peril, Dems Say

    Senate Democrats threatened Monday that the latest GOP-only push for long-term repeal and replace of the Affordable Care Act could torch bipartisan efforts to stabilize health care markets in the short term.

  • September 18, 2017

    Pa. Treasurer Hails Pension Board's Move To Cut Wall St. Fees

    Pennsylvania’s treasurer on Monday praised the board of the state’s pension system for taking steps to cut fees paid to Wall Street managers over a three-year period.

Expert Analysis

  • Implicit Bias' Questionable Role In Employment Litigation

    James McDonald Jr.

    Implicit bias has enjoyed a sustained focus of research and analysis in academia, and it is an increasingly popular topic of discussion among employment lawyers. However, whether implicit bias as a concept has any usefulness in employment discrimination litigation is not at all clear, says James McDonald Jr. of Fisher Phillips.

  • Preparing For New Mass. Pregnancy Accommodations Law

    Mehreen Rasheed

    Massachusetts is the latest state to pass a pregnancy accommodation law, joining 21 other states and Washington, D.C. Like many of the similar state laws, the recently enacted Massachusetts law will expand protections for pregnant employees beyond those available under federal law, say Mehreen Rasheed and Carolyn Wheeler of Katz Marshall & Banks LLP.

  • Opinion

    Time Limit On Asbestos Depositions Threatens Due Process

    Freddy Fonseca

    California’s Senate Bill 632 seeks to impose a seven-hour limit on depositions in asbestos cases at the expense of defendants’ due process rights. All defendants maintain an interest in properly and fairly preparing their defense, and no party should be required to jeopardize that right, says Freddy Fonseca of Manion Gaynor & Manning LLP.

  • A Guide To The Executive Branch Official Nomination Process

    Adam Raviv

    Although the Trump administration has completed the vetting and confirmation of a cabinet and White House staff, thousands of senior positions remain unfilled throughout the executive branch. More than ever, people selected for those posts find themselves under close scrutiny, say Adam Raviv and Reginald Brown of WilmerHale.

  • East Coast Medical Marijuana Lessons For Nev. Employers

    Laura Jacobsen

    Recent court decisions from the East Coast have held that medical patients terminated for positive medical marijuana test results have valid causes of action against their employers for disability discrimination. Because Nevada law provides some protection for employees who engage in off-duty medical marijuana use, Nevada employers should take important lessons from these cases, says Laura Jacobsen of McDonald Carano LLP.

  • The Equifax Data Breach And Its Impact On Businesses

    Eduard Goodman

    The Equifax breach could trigger a shift in data breach class actions from potential harm to consumers to potential harm to businesses, says Eduard Goodman, chief privacy officer at CyberScout LLC.

  • Potential Perils Of Employer Parental Leave Policies

    Debra Friedman

    In recent years, more and more private companies have been adopting parental benefit policies. However, as demonstrated by the U.S. Equal Employment Opportunity Commission's recent suit against Estée Lauder, the agency is focusing on alleged disparities in employers’ parental benefit policies, and good intentions can lead to unintended consequences, says Debra Friedman of Cozen O'Connor.

  • 2 Cases Clarify Dodd-Frank Whistleblower Protections

    Harini Srinivasan

    Recent decisions in Reyher v. Grant Thornton and Boyle v. Evolve Bank indicate that courts are not persuaded by whistleblowers' arguments that defendants or their publicly traded clients are generally covered by the Dodd-Frank Act, says Harini Srinivasan of Katz Marshall & Banks LLP.

  • 5th Circ. Tames NLRB Approach To Workplace Conduct Rules

    Laura Lawless Robertson

    In T-Mobile USA v. National Labor Relations Board, the Fifth Circuit recently held that the NLRB went too far when targeting the company's employee handbook policies. The decision signals that federal courts may increasingly rein in the NLRB’s attempts to expansively apply the National Labor Relations Act to seemingly neutral workplace conduct rules, says Laura Lawless Robertson of Squire Patton Boggs LLP.

  • If Workplace Violence Training Is Worth Doing, Do It Right

    Pamela Williams

    There has been a lot of publicity in the last few years about workplace violence and the various regulatory agencies have weighed in on these issues. However, despite the fact that most employers — and now employees — are well indoctrinated with the “run, hide, fight” standard, there is another potential wave of concern for employers, say Pamela Williams and Collin Warren of Fisher Phillips.