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Employment

  • September 20, 2018

    3rd Circ. Backs Penn State Email Probe, 'Dismayed' By Tactics

    A Third Circuit panel on Thursday backed a lower court decision to toss a lawsuit accusing two state investigators of illegally obtaining a Penn State University employee’s work emails, saying while it was “dismayed” by the pair’s use of an improper subpoena, her employers had the authority to hand them over.

  • September 20, 2018

    Kaiser Unit Beats Part Of Ex-Worker's Bias Suit

    A Maryland federal judge on Thursday partially dismissed a bias suit alleging a Kaiser Permanente subsidiary illegally fired a worker who complained to the U.S. Equal Employment Opportunity Commission that his supervisor harassed him because of his gender.

  • September 20, 2018

    Chancery OKs Papa John's Founder's Records Suit For Trial

    A Delaware Chancery Court judge on Thursday declined to dismiss a “books and records” lawsuit filed against Papa John’s by former pizza chain CEO John Schnatter, rejecting company claims that he was using the demands to improperly support a suit to counter actions against him and other employees. 

  • September 20, 2018

    Uber Presses 9th Circ. To Undo Driver Misclassification Suits

    Uber told the Ninth Circuit on Wednesday that its recent finding that federal law doesn’t preempt California’s decades-old standard for determining whether workers are employees or independent contractors should dismantle a class of hundreds of thousands of Uber drivers alleging they were misclassified and denied expense reimbursements and tips.

  • September 20, 2018

    OSU Exec Defends Amateurism Amid Coach Salary Scrutiny

    Ohio State University athletic director Eugene Smith defended NCAA rules limiting student compensation during a landmark antitrust trial Thursday in California federal court, testifying that paying athletes would force the department to cut certain sports, while conceding that the school's coaches collectively earn more than $30 million in salaries and benefits annually.

  • September 20, 2018

    6th Circ. Revives Flint Employee’s Whistleblower Claim

    A Sixth Circuit panel on Thursday cleared the way for a former city administrator for Flint, Michigan, to pursue her whistleblower claims over allegations she was fired for reporting the mayor’s allegedly improper behavior.

  • September 20, 2018

    Judge Won’t Halt Workers’ Fly Ash Exposure Case

    A Tennessee federal judge found that a reasonable jury could link the exposure workers said they faced during the cleanup of a fly ash spill in 2008 with the range of injuries the workers allege are connected, refusing to grant summary judgment to Jacobs Engineering Group Inc.

  • September 20, 2018

    9th Circ. Delivers Concrete Drivers A Win In Wage Row

    The Ninth Circuit said Thursday that California's decision to include ready-mix concrete drivers under the state's prevailing wage law doesn't violate the equal protection clause because there are sound reasons for concluding the drivers are different from other truckers, as they have more responsibility and are vulnerable to underbidding.

  • September 20, 2018

    Labaton Sucharow Adds 'Ultimate SEC Insider'

    Labaton Sucharow LLP announced Tuesday that Richard Levine, longtime associate general counsel for legal policy at the U.S. Securities and Exchange Commission, has joined the firm as a partner in its whistleblower representation practice.

  • September 20, 2018

    Colo. Law Firm Settles Pregnancy Discrimination Suit

    A Colorado law firm has agreed to a $30,000 settlement in a suit by the U.S. Equal Employment Opportunity Commission that it fired a legal assistant only 10 days after hiring her because she was pregnant.

  • September 20, 2018

    Protect Right To Relief In Ford Harassment Suit, Judge Urged

    Counsel for Ford workers alleging they work in a severely hostile environment of sexual harassment urged an Illinois federal judge Thursday to certify their claims as a class, saying it would protect their right to relief that wasn't contemplated in a different deal the automaker entered with federal employment regulators.

  • September 20, 2018

    Bid To Nix Trans Worker Firing Suit A Head-Scratcher: Judge

    A California federal judge said Thursday he was “left scratching [his] head” by an educational technology company’s bid to end the U.S. Equal Employment Opportunity Commission’s suit over the firing of a transgender worker, saying the employee's damning post on a recruitment website created a factual basis for a retaliation argument.

  • September 20, 2018

    Student Loan 401(k) Matches Could Still Trigger IRS Ire

    The Internal Revenue Service made waves recently by clarifying that a 401(k) plan sponsor may provide matching employer contributions based on employees' student loan repayments, but such programs could still run afoul of regulations if they discriminate in favor of highly compensated employees.

  • September 20, 2018

    EEOC Asks 8th Circ. To Nix Fee Award After Failed Bias Suit

    The U.S. Equal Employment Opportunity Commission urged the Eighth Circuit to overturn a $3.3 million attorneys’ fee award entered against it after its failed sexual harassment suit against CRST Van Expedited Inc., arguing that the trucking company conflated the fee award standards for plaintiffs and defendants under Title VII.

  • September 20, 2018

    Enterprise Beats Joint Employer Wage Suit For Now

    A Massachusetts federal judge has thrown out a proposed class action alleging that Enterprise Holdings Inc. and its subsidiaries jointly employed assistant branch managers who were misclassified as overtime-exempt.  

  • September 20, 2018

    Wis. Can't Bar Sex-Reassignment Coverage For State Workers

    A Wisconsin federal judge has found that the state's decision to exclude gender reassignment-related procedures from state employees' health insurance coverage flouts federal law, handing a win to two transgender women who brought the case.

  • September 20, 2018

    Ex-Staffer Hits Stevens & Lee With Maternity Bias Suit

    Stevens & Lee PC is facing claims in Pennsylvania federal court that it discriminated against a legal assistant who was fired shortly after returning from maternity leave in the midst of several medical complications that she and her daughter were facing.

  • September 20, 2018

    Dallas Hospital Gets Staffing Co. Race Bias Suit Trimmed

    A federal judge in Texas has trimmed a race discrimination lawsuit brought by staffing agency White Glove Staffing Inc. against Methodist Hospitals of Dallas, finding that three of the African-American employees alleging discrimination failed to show they were “similarly situated” to the lead plaintiff.

  • September 20, 2018

    DOT Says Hazmat Regs Override Calif. Trucker Break Rules

    The U.S. Department of Transportation determined Thursday that federal law preempts California's meal and rest break requirements for all motor vehicle operators transporting hazardous materials, granting a request from a trucking group to harmonize what it viewed as inconsistent regulations.

  • September 20, 2018

    Tech Co. Tries To DQ Ex-Exec's Attys Over Privileged Docs

    A data security startup on Wednesday moved to disqualify the lawyers representing its ousted co-founder in a suit in California federal court accusing him of sharing trade secrets with technology giant Oracle Corp., saying the co-founder's attorneys had weaponized privileged documents he allegedly stole.

Expert Analysis

  • Leveraging Today's Lateral Associate Market

    Darin Morgan

    With the Milbank/Cravath pay scale once again equalizing compensation at many Am Law 100 firms, there is even more pressure for firms to differentiate themselves to top lateral associate candidates. This presents strategic considerations for both law firms and lateral candidates throughout the recruitment process, says Darin Morgan of Major Lindsey & Africa.

  • Series

    Navigating NLRB: The Intersection Of Politics And Policy

    Brian Hayes

    Several practical considerations have rendered the process of populating the National Labor Relations Board increasingly partisan. But even in the absence of curative legislation, there are some measures that could improve the practice, says Brian Hayes, former member of the NLRB and shareholder at Ogletree Deakins Nash Smoak & Stewart PC.

  • Q&A

    Back To School: Stanford's Jeff Fisher Talks Supreme Court

    Jeffrey Fisher

    In this series featuring law school luminaries, Stanford Law School professor Jeffrey Fisher discusses his motivation for teaching, arguing before the U.S. Supreme Court and what the court might look like if Judge Brett Kavanaugh is confirmed.

  • Genetic Data Holds Opportunities And Risks For Litigants

    Kirk Hartley

    A recently published research paper concludes that a significant proportion of patients with malignant mesotheliomas carry inherited mutations in cancer-associated genes. Well-informed lawyers on both sides of the aisle can effectively use such data to materially alter the outcome of cases, say Kirk Hartley and David Schwartz of ToxicoGenomica.

  • Series

    Navigating NLRB: Nature Of Work Has Changed, NLRA Hasn't

    Marshall Babson

    Employers, unions and workers have not sat down together to have a meaningful and constructive conversation about the economic imperatives of the 21st century in at least 10 years. In the meantime, the nature and character of work itself has been changing at lightning speed, says Marshall Babson, former member of the National Labor Relations Board and counsel at Seyfarth Shaw LLP.

  • Transitioning Cos. Can't Forget Pending Green Cards

    Hector Chichoni

    When sponsoring foreign national employees for employment-based lawful permanent residence in the U.S., there are many factors an employer must consider if it is restructuring, relocating or downsizing its operations to avoid the consequences of noncompliance under current U.S. immigration law, says Hector Chichoni of Duane Morris LLP.

  • Series

    Navigating NLRB: A New Era For Joint Employment?

    Peter Kirsanow

    While the National Labor Relations Board’s Browning-Ferris decision is currently the standard upon which joint employer analysis rests, as a number of independent challenges to its vitality loom — including the board's recently announced draft rule — its reign may be short-lived, says Peter Kirsanow, former member of the NLRB and partner at Benesch Friedlander Coplan & Aronoff LLP.

  • Update On Calif. Immigrant Worker Protection Act

    Jesse Cripps

    A California federal court recently forbade California and its officials from enforcing several portions of the state's Immigrant Worker Protection Act. While private employers in the state will not be subject to many of the requirements of the law for the time being, the fight over it is likely to proceed, say Jesse Cripps and Ryan Stewart of Gibson Dunn & Crutcher LLP.

  • Calif.'s New Rules For Lawyers Move Closer To ABA Model

    Mark Loeterman

    The first comprehensive overhaul of California's Rules of Professional Conduct in nearly 30 years becomes operational on Nov. 1. Some of the new rules mirror the model language used by the American Bar Association, but many continue to reflect California’s unique approach to certain ethical questions, says Mark Loeterman of Signature Resolution LLC.

  • Series

    Navigating NLRB: Attacking Instability With APA Rulemaking

    Ronald Meisburg

    In the first article of this Expert Analysis special series, Ronald Meisburg, former member and general counsel of the National Labor Relations Board and special counsel at Hunton Andrews Kurth LLP, examines why the time may be ripe to use the Administrative Procedure Act to advance rulemaking petitions with the NLRB in order to bring more stability and predictability to the agency's law.