Employment

  • April 20, 2018

    Nestlé, Hershey Say No Room For Child Labor On Labels

    Nestlé and Hershey urged a Massachusetts federal court to toss separate proposed consumer class actions alleging that the companies failed to disclose information about forced child labor in their chocolate supply chains, arguing that the requested disclosures don't belong on every candy label.

  • April 20, 2018

    Petco Applicants Seek OK Of $1.2M Background Check Deal

    Two applicants who hit Petco with a proposed class action accusing it of hiding the authorization that allows it to run credit checks on job seekers asked a California federal judge Friday to preliminarily approve a $1.2 million settlement with the retailer.

  • April 20, 2018

    $900K Deal For Health Workers' Unpaid OT Receives Final OK

    An Illinois federal judge granted final approval to a $900,000 settlement in a class action accusing Health Resource Solutions of wrongly exempting a group of registered nurses and clinicians from overtime pay, saying in an order filed Friday that the deal is "fair, reasonable, adequate, and in the best interests" of the settling class members.

  • April 20, 2018

    4 Tips To Help Employers Fight Unconscious Bias

    Starbucks’ plan to hold training addressing implicit bias after the arrests of two black men at one of its Philadelphia stores stoked widespread outrage underscores how unconscious prejudice on the part of employees can have disastrous consequences. Here, experts share four tips for scrubbing implicit bias from the workplace.

  • April 20, 2018

    Auto Parts Chain Must Face Store Manager's ADA Suit

    O’Reilly Auto Parts cannot exit a former store manager’s suit alleging disability discrimination and retaliation after the store failed to accommodate his need for a reduced work schedule due to mental health issues, with a Maine federal judge finding Thursday that there is a genuine question as to whether he faced discrimination.

  • April 20, 2018

    NHL Teams, Insurers Renew Bid To Nix Head Injury Suit

    The New Jersey Devils and St. Louis Blues hockey teams and their insurance companies renewed their calls for a Minnesota federal court to dismiss concussion claims from former NHL “enforcer” Michael Peluso on Thursday, two months after both sides asked to put the case on hold.

  • April 20, 2018

    Food Co., Nurse Must Face Suit Over Worker’s Death

    A Kansas appeals court Friday reinstated a woman's lawsuit against her late husband's employer after the food processing company's nurse diagnosed him with acid reflux shortly before he suffered a fatal heart attack, with the panel finding that the state’s ever-evolving workers' compensation law no longer applies.   

  • April 20, 2018

    Jackson Lewis Nabs Kaufman Dolowich Litigator In SF

    Jackson Lewis PC has announced its hiring of a former Kaufman Dolowich & Voluck LLP employment lawyer with nearly 25 years of experience as a litigator, saying she has joined the firm's San Francisco office as a principal.

  • April 20, 2018

    Models, Management Cos. Spar In NY Over Wage Suit

    A New York judge on Friday put tough questions to a fashion model who seeks to lead a class action over low pay by three management firms, telling her that her claims may be too vague but also telling the defendants that the suit may make it to discovery.

  • April 20, 2018

    Whistleblower Claim Window Would Quadruple In Pa. Bill

    A Pennsylvania lawmaker introduced a bill Thursday that would quadruple the window for claims brought under the state’s whistleblower law and allow for punitive damage awards to workers.

  • April 20, 2018

    DOJ, Texas Co. Settle Immigration Status Discrimination Row

    Texas-based information technology consulting and staffing services company Themesoft Inc. and the U.S. Department of Justice have settled claims that the company violated the Immigration and Nationality Act by discriminating against workers on the basis of their citizenship status.

  • April 20, 2018

    Dean Foods Wants $45M Disgorged By Gambler Billy Walters

    Dairy company Dean Foods Co. wants the disgorgement of nearly $45 million in profits it says prominent gambler Billy Walters earned in an insider trading scheme with the company’s former chair, Tom Davis, from whom Dean is also seeking millions in damages in a Texas state court suit.

  • April 20, 2018

    Senate Dems Press For Info On Koch Ties To Trump Policies

    Senate Democrats have demanded information from President Donald Trump and several federal agencies including the EPA and the U.S. Department of Labor concerning the alleged “sweeping infiltration” of the current administration by the Koch brothers and their affiliates, Sen. Sheldon Whitehouse, D-R.I., announced Friday.

  • April 20, 2018

    Will High Court Ever End Circuit Split Over FCA Pleading?

    The U.S. Supreme Court’s latest refusal to tackle the enduring and highly consequential circuit split over how precisely False Claims Act suits must be pled has left lawyers wondering whether justices will wade into the legal morass anytime soon.

  • April 20, 2018

    Dentons Under Scrutiny After UK Maternity Leave Spat

    The Solicitors Regulation Authority is looking into the conduct of some Dentons UKMEA LLP human resources managers that came to light during a gender discrimination dispute last year, a spokesperson for the U.K. legal regulatory body confirmed on Friday.

  • April 19, 2018

    Puerto Rico Fed Board Approves Pension-Cutting Fiscal Plan

    The federal panel empowered to restructure Puerto Rico's debts and shore up its finances certified six-year fiscal plans for the island on Thursday, bucking the resistance by the territory’s government to pension reform and other austerity measures in an effort to fix the island’s debt crisis and instill investor confidence.

  • April 19, 2018

    NCAA Says 'Spiritual Coercion' Case Backs Wage Suit Denial

    The NCAA on Wednesday urged the Ninth Circuit to look at a recent decision denying a wage suit over a televangelist whose followers were allegedly coerced into volunteering for his church’s for-profit restaurant, citing it as further reason not to revive a proposed wage-and-hour class action by a former University of Southern California football player.

  • April 19, 2018

    AMC Can Update Bid To Kill Ex-'Walking Dead' Exec's Suit

    A New York court ruled Thursday that entertainment giant AMC could add to its arguments to defeat a $280 million suit brought by former "The Walking Dead" showrunner Frank Darabont and others over royalties from the smash hit program.

  • April 19, 2018

    Liberty Mutual Hits Ex-Sales Lead With Trade Secrets Suit

    Liberty Mutual Insurance Co. sued a former lead sales rep in an upstate New York office for allegedly taking customers to a competitor, according to court papers filed Thursday in federal court.

  • April 19, 2018

    Uber Ducks Lyft Driver's 2nd Attempt At Spying Class Action

    A Lyft driver accusing Uber Technologies Inc. of illegally tracking drivers bungled his second shot at proving the ride-hailing giant violated wiretapping and privacy laws, a California federal judge said Wednesday in dismissing the bulk of the amended suit, finding he had done little to fix the deficiencies in his original claims.

Expert Analysis

  • Rule 23 Changes: Avoid Delays In Class Settlement Approval

    Shandarese Garr

    Among the proposed amendments to Rule 23 of the Federal Rules of Civil Procedure, which are scheduled to take effect Dec. 1, are specific requirements related to “front-loading.” They outline the process for seeking preliminary court approval of class action settlements and related notice plans, say Shandarese Garr and Niki Mendoza of Garden City Group LLC.

  • Update For Gov't Contractors On Settled Suit Cost Recovery

    Masiello_Steven.jpg

    Since the Federal Circuit's 2009 decision in Geren v. Tecom, the allowability of government contractor settlement costs incurred in just about any type of third-party lawsuit has been unclear. But this month the U.S. Court of Federal Claims had the opportunity to analyze the Tecom standard in Bechtel v. U.S., say Steven Masiello and Tyler Thomas of Dentons.

  • Refuting Insurer Denials Linked To Employee Misconduct

    Greg Van Houten

    When faced with a denial for coverage of legal costs associated with employee misconduct, policyholders should never assume that their insurer’s interpretation is correct. In fact, some policyholders are well-positioned to refute such denials, especially when the cited exclusion fails to define “abuse” or is otherwise vague, says Greg Van Houten of Haynes and Boone LLP.

  • In Ohio, Tax Pendulum Swings In Favor Of Freelancers

    Thomas Ubbing

    New tax provisions added as part of the 2017 Tax Cut and Jobs Act substantially favor independent contractors over W-2 employees. This, coupled with the 100 percent Ohio income tax exclusion for business income, means many Ohio independent contractors will pay far less taxes than W-2 employees at the same pay levels, says Thomas Ubbing of Brouse McDowell LPA.

  • When To Accept ADR For Defense Contractor Reprisal Cases

    Lynne Halbrooks

    While participation in the new alternative dispute resolution program for reprisal cases in the U.S. Department of Defense Office of Inspector General may seem unnecessary, it is still worth considering, says Lynne Halbrooks, a partner at Holland & Knight LLP and former acting inspector general of the DOD.

  • What NJ Employers Should Know About Paid Sick Time Bill

    Michelle Seldin Silverman

    The New Jersey Legislature recently passed a bill requiring employers in the state to provide employees with paid sick time, and Gov. Phil Murphy is expected to sign it. Michelle Silverman and Rudolph Burshnic of Morgan Lewis & Bockius LLP offer an overview of the proposed law and suggestions for how employers can prepare.

  • How Companies Can Foster Internal Whistleblowing

    Gary Giampetruzzi

    Despite the powerful incentives to engage in external whistleblowing after Digital Realty, companies should know that their compliance programs can contribute in meaningful ways to whether employees decide to report possible misconduct internally or to the U.S. Securities and Exchange Commission, say attorneys with Paul Hastings LLP.

  • Plaintiff Discovery Tips For Employment Discrimination Cases

    Excerpt from Lexis Practice Advisor
    William Jhaveri-Weeks

    The scope of discovery that plaintiffs can obtain from defendants in employment discrimination cases includes limitations that defendants often attempt to assert. San Francisco-based attorney William Jhaveri-Weeks addresses how to use the different mechanisms for obtaining discovery effectively, and the types of cases and discovery disputes that often occur.

  • Best Practices For Building A Better Meeting

    Nicholas Cheolas

    How can we improve meetings in the legal industry, which tends to evolve with the speed of a tranquilized water buffalo mired in quicksand? Breaking it down to three phases can yield significant benefits, says Nicholas Cheolas of Zelle LLP.

  • DC Circ. Puts Union Blocking Charges On Chopping Block

    Kevin Brown

    The D.C. Circuit's recent decision in T-Mobile v. National Labor Relations Board reminds employers there is no selective negotiation during union status challenges, likely incentivizing them to withdraw recognition, and suggesting changes to the board’s blocking charge policy, say Kevin Brown and Hollis Peterson of Paul Plevin Sullivan & Connaughton LLP.