Employment

  • November 17, 2017

    7th Circ. Backs Toss Of Rail Workers' Rule Change Suit

    The Seventh Circuit on Friday affirmed a lower court's decision to dismiss a suit brought by the union representing Union Pacific Railroad Co. workers and send the dispute over the railroad's modification of disciplinary rules to arbitration instead.

  • November 17, 2017

    DOJ Denies Claims Of Change To FCA Dismissal Policy

    The U.S. Department of Justice has not taken a more aggressive stance toward seeking to throw out of court whistleblower False Claims Act suits that it deems unmeritorious, it indicated Friday, as the author of a report highlighting the purported policy change stood by his view.

  • November 17, 2017

    Chamber, Auto Dealers Back Service Adviser OT Exemption

    The U.S. Chamber of Commerce, 10 automobile dealer trade groups and two business and retail trade groups have filed amicus briefs supporting a California Mercedes-Benz dealership’s U.S. Supreme Court petition that employees who advise customers about repair work are exempt from overtime pay under the Fair Labor Standards Act.

  • November 17, 2017

    DC Circ. Won't Reopen Corrections Worker's Retaliation Suit

    The D.C. Circuit on Friday rejected a former Washington, D.C., Department of Corrections employee’s bid to reopen a suit alleging he was retaliated against for participating in a sexual harassment class action years earlier and fired for complaining about various adverse actions taken against him.

  • November 17, 2017

    NJ Court Revives Fired Worker's Mayoral 'Hit List' Suit

    The New Jersey Appellate Division on Friday revived a former school employee's suit alleging that she was on a town mayor's so-called hit list and fired in retaliation for not lending him political support, ruling that she presented sufficient evidence to go before a jury.

  • November 17, 2017

    Catheter IP Row Settles After Fed. Circ. Kills $20M Ruling

    AngioScore Inc. and TriReme Medical LLC have settled a breach of duty and patent infringement suit over the design of a heart catheter after the Federal Circuit overturned a $20 million judgment in AngioScore’s favor, the companies told a California federal court Thursday.

  • November 17, 2017

    Tenured Prof Who Lost Job In Merger Appeals To High Court

    A former tenured professor of the University of Texas has asked the Supreme Court to revive his case against the university, saying the decision to void his tenure and not hire him on after the university merged with another violated his constitutional rights.

  • November 17, 2017

    4th Circ. Revives Drivers' FLSA Claims Against Baking Co.

    The Fourth Circuit on Friday reinstated Fair Labor Standards Act claims in a suit against Schmidt Baking Co. Inc. from former employees alleging they were entitled to overtime pay, reversing a lower court’s dismissal.

  • November 17, 2017

    OSHA Floats $1.8M In Fines Over Wis. Corn Mill Explosion

    A Wisconsin milling company should pay more than $1.8 million in fines after a late May explosion at one of its corn mills left five workers dead and injured a dozen others, the Occupational Safety and Health Administration proposed Friday.

  • November 17, 2017

    Appeals Court Says Ex-Tyco Worker Can't Duck Noncompete

    A Pennsylvania appeals court on Friday said it would not throw out a preliminary injunction aimed at enforcing the noncompete provision in an ex-Tyco Fire Products LP sales manager’s employment agreement after he left the company to join a competitor.

  • November 17, 2017

    NLRB Union Election Filings Drop, But Cases Moving Briskly

    During the second full fiscal year after the National Labor Relations Board implemented a controversial rule updating the process for union representation cases, fewer union election petitions were filed than the year before, and elections were conducted more quickly than before the regulation was in place, according to data the agency has released.

  • November 17, 2017

    NLRB's New Top Cop Crucial To Anticipated Pro-Biz Shift

    New National Labor Relations Board General Counsel Peter Robb will play an integral role in upending a series of decisions issued by the Obama-era labor board that drew fire from management-side lawyers who claimed they were too labor-friendly and at odds with long-standing NLRB precedent, experts say.

  • November 17, 2017

    Gas Distributor Granted Exit In $3M Employee Bias Row

    A Virginia federal judge on Friday granted a mid-Atlantic natural gas company an exit from a former employee’s $3 million discrimination suit, finding the evidence did not support claims the company treated white employees differently or fired him because he’s black.

  • November 17, 2017

    NJ Atty Malpractice Suit Revived To Weigh Timeliness

    A New Jersey state appeals court on Friday upended a ruling that dismissed a legal malpractice action as being filed too late, finding that the record is unclear as to when a construction worker allegedly knew he had been harmed by his former lawyer in litigation over a job-related injury.

  • November 17, 2017

    Ex-Weinstein Attys Muddy BigLaw's Rep For Keeping Secrets

    Defying the tight-lipped tradition of lawyers who have represented reviled clients, two of Harvey Weinstein’s former attorneys have issued public explanations of their work and spoken extensively to the press about their “mistakes,” a phenomenon some experts say undermines public confidence that lawyers, regardless of their own reputations, will keep client matters close.

  • November 17, 2017

    EEOC Wins Sex Orientation Bias Suit Against Pa. Health Clinic

    The U.S. Equal Employment Opportunity Commission notched a win Thursday as a Pennsylvania federal judge slapped a Pittsburgh-area medical clinic with a statutory maximum fine after agreeing that a gay former employee was subjected to harassment and discriminatory treatment based on his sexual orientation.

  • November 17, 2017

    Judge OKs NCAA's $209M Antitrust Deal, Attys Get $45M

    A California federal judge said Friday she’ll grant final approval to the NCAA and 11 athletic conferences’ $209 million deal with student-athletes and grant class counsel's request for nearly $45 million in fees, costs and expenses, partially resolving suits over allegedly anti-competitive caps on student scholarships.

  • November 17, 2017

    Pa. Worker's Actions At Protest Don't Bar Unemployment Pay

    A Pennsylvania appeals court has refused to bar a restaurant worker from getting unemployment benefits despite losing his job after an altercation outside his workplace with individuals protesting a police-involved shooting.

  • November 17, 2017

    Veggie Processing Plant Settles DOJ Immigrant Bias Claims

    A Washington-based vegetable processing plant has agreed to shell out $100,000 to resolve claims levied against it by the U.S. Department of Justice that it discriminated against immigrants who were authorized to work in the U.S. in violation of federal immigration law, the DOJ announced Thursday.

  • November 17, 2017

    Claims Servicer Fights To Manage NFL Concussion Awards

    A claims management service assisting former NFL players with a settlement in multidistrict litigation over brain injuries urged a Pennsylvania federal court Thursday to allow the ex-players to pay a portion of their awards to third-party lenders and claims services providers, saying the court lacks jurisdiction over the nonparties.

Expert Analysis

  • From Snaps To Tweets: The Craft Of Social Media Discovery

    Matthew Hamilton

    Courts have consistently held that social media accounts are subject to established discovery principles but are reluctant to allow parties to rummage through private social media accounts. Recent case law confirms that narrowly tailored information requests get the best results, say Matthew Hamilton, Donna Fisher and Jessica Bae of Pepper Hamilton LLP.

  • 4 Takeaways From EEOC’s Recent Focus On ADA Lawsuits

    Mauro Ramirez

    The U.S. Equal Employment Opportunity Commission's activities this year indicate the agency's continued emphasis on vigorous enforcement of the Americans with Disabilities Act as a top priority. A review of the disability suits filed by the EEOC in 2017 provides insight into which of these ADA claims are significant enough for the EEOC to devote litigation resources, says Mauro Ramirez of Fisher Phillips.

  • Illinois Biometrics Privacy Suits Bring Insurance Questions

    Jonathan Schwartz

    In the past two years, we witnessed a wave of putative class actions filed under Illinois’ Biometric Information Privacy Act, with the rate of filings increasing exponentially in recent months. Insurers should take note of their potential coverage obligations under various policies, say Jonathan Schwartz and Colin Willmott of Goldberg Segalla LLP.

  • An Interview With Former DHS Secretary Jeh Johnson

    Randy Maniloff

    Jeh Johnson, the former secretary of homeland security, was kind enough to let me visit him to reflect on his diverse career. He told stories that left me speechless. And yes, the man who was responsible for the Transportation Security Administration removed his shoes when going through airport security. You bet I asked, says Randy Maniloff of White and Williams LLP.

  • Hurdles To Consider When Securing A Personnel File

    Michael Errera

    Attorneys should follow seven key points to ensure that their discovery requests and pleadings are appropriately prepared to overcome common hurdles that may be encountered when requesting production of a personnel file, say Michael Errera and Paul Ferland of Foran Glennon Palandech Ponzi & Rudloff PC.

  • What To Expect After Latest DOL Overtime Rule Appeal

    Dale Hudson

    In appealing a decision that invalidated the Obama administration’s overtime rules, it seems the U.S. Department of Labor wants to affirm its authority to utilize a salary threshold for Fair Labor Standards Act exemptions, say Dale Hudson and Jeffrey League of Nixon Peabody LLP.

  • 6 Legal Issues That Enable Serial Harassers

    Richard Seymour

    The questions raised in the public mind by the allegations against those accused of sexual and racial harassment are important. For example, if the allegations are true, how did it manage to go on for so long? Parts of the answers to such questions are clear, and the evidence of the enablers is not pretty, says attorney, arbitrator and mediator Richard Seymour.

  • Why Securities Lawyers Are The New Employment Lawyers

    Christopher Regan

    Whistleblower retaliation claims have a unique securities law slant and involve sensitive, unresolved areas that should cause all stakeholders to consider whether the typical employment lawyer is equipped to handle these cases, say attorneys with Buckley Sandler LLP.

  • Series

    Judging A Book: Gilstrap Reviews 'Alexander Hamilton'

    Judge Rodney Gilstrap

    While Alexander Hamilton is the subject of a hit Broadway musical and renewed biographical examinations, professor Kate Brown takes us down a road less traveled in her book "Alexander Hamilton and the Development of American Law" — showing Hamilton as first, last and foremost an American lawyer, says U.S. District Judge Rodney Gilstrap of the Eastern District of Texas.

  • Opioid Epidemic Brings Ramifications For Physicians

    Joseph Gorrell

    The opioid epidemic is putting a white-hot spotlight on physicians for the foreseeable future. Careful adherence to regulations in their roles as both practitioner and employer can help physicians avoid unwanted scrutiny and penalties that could, at their harshest, threaten their livelihoods, say Joseph Gorrell and Matthew Collins of Brach Eichler LLC.