Conductor James Levine's decision to sue the New York Metropolitan Opera on Thursday after he was fired over allegations he molested young musicians shows employers not only run the risk of being sued when they ignore allegations of workers' misconduct, but when they take action as well. Here, Law360 looks at ways employers can minimize legal risks when cutting ties with an accused harasser.
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Saturday, March 17, 2018 Follow Employment Law360



How To Minimize Legal Risk When Firing Alleged Harassers

Conductor James Levine's decision to sue the New York Metropolitan Opera on Thursday after he was fired over allegations he molested young musicians shows employers not only run the risk of being sued when they ignore allegations of workers' misconduct, but when they take action as well. Here, Law360 looks at ways employers can minimize legal risks when cutting ties with an accused harasser. Read more »


DOL Direction Sought After Fiduciary Rule Nixed By 5th Circ.

A Fifth Circuit ruling vacating the U.S. Department of Labor’s fiduciary rule for retirement account advisers has created confusion across a broad swath of the U.S. investment landscape that will only be resolved once the DOL decides whether to drop the case or pursue it on appeal, legal experts said Friday. Read more »

Title VII, NYC Law Differ On Damages, 2nd Circ. Says

The Second Circuit held Friday that Title VII’s standard for assessing punitive damages does not apply to workplace discrimination claims brought under the more liberal New York City Human Rights Law, saying a lower court incorrectly used the federal standard in a pregnancy discrimination case. Read more »

Split 11th Circ. Upholds Bias Verdict In Promotion Row

A heavily fractured Eleventh Circuit panel delivered a long-awaited decision in a woman’s discrimination suit alleging she was passed over for promotion because of her gender, on Friday upholding a jury’s finding of bias and affirming a decision to remove punitive damages from the verdict. Read more »

Ore. Judge Suspended For 'Screen' Of Gay Marriage Couples

Oregon's highest court on Thursday suspended for three years without pay a judge who instituted a "screen" on gay couples trying to get married in his court and also allowed a convicted felon to handle loaded guns in his presence.  Read more »


No Sanctions For Ex-Fox News Host, Atty In Cyberstalk Suit

A federal judge declined Friday to impose sanctions against former Fox News personality Andrea Tantaros and her ex-attorney in the TV host’s suit alleging the network cyberstalked her after she complained about sexual harassment, saying the court wouldn’t describe Tantaros’ claims as “clearly frivolous.” Read more »

Texas High Court Won’t Revisit Exxon Win In Age Bias Suit

The Texas Supreme Court on Friday refused to hear a former Exxon Mobil employee’s age discrimination and retaliation appeal, keeping in place an appellate court opinion that affirmed a quick win for the oil giant and said there was evidence that poor performance was the reason for the dismissal. Read more »


Wells Fargo’s $27.5M Calif. Wage Deal Gets Final OK

A California judge said Friday she’ll approve Wells Fargo Bank NA’s $27.5 million settlement resolving a consolidated action brought by the bank’s hourly Golden State bankers and sales representatives, who claim they were required to work more than 40 hours a week without overtime pay and were shorted meal breaks. Read more »

United Airlines Pay Stub Row May Need Calif. Justices' Help

A Ninth Circuit judge told United Airlines Inc. pilots and flight attendants Friday that courts have clashed on when California law applies in disputes like theirs alleging an employer's pay stubs fall short of state requirements, saying California’s high court may need to weigh in. Read more »

Delta Flight Attendants Urge 9th Circ. To Revive Wage Suit

A putative nationwide class of Delta flight attendants asked a Ninth Circuit panel Friday to revive allegations they aren’t compensated on an hourly basis for all their work, arguing that under California law they should be compensated for work performed on the ground in the Golden State before and after flights. Read more »

Harvard To Revise Worker Classification In Wage Suit Deal

Harvard University has agreed to revise its university-wide worker classification policy to settle a proposed class action alleging it misclassified acupuncturists and massage therapists as independent contractors, according to documents filed Thursday in Massachusetts state court. Read more »


Ex-PharMerica Exec Shakes Trade Secrets Suit

A Pennsylvania federal judge threw out a lawsuit Friday against an ex-PharMerica Corp. executive after finding that the pharmacy services company failed to allege she took advantage of any specific trade secrets or proprietary information when she launched a rival business. Read more »

Hernia Mesh Maker Can't Force Chubb Unit To Cover IP Suit

A Chubb Ltd. unit doesn't have to pay for hernia mesh maker Tela Bio Inc.'s defense of a trade secrets and unfair competition lawsuit brought by competitor LifeCell Corp., a Pennsylvania federal judge ruled Friday, finding that the complaint doesn't include any potentially covered defamation claims. Read more »


Cruise Photographer Who Shot Murder Scene Must Arbitrate

A California federal judge has sent to arbitration a suit filed by a photographer who worked on a Princess cruise vessel and claims he suffers from post-traumatic stress disorder because he was forced to document the scene of an alleged murder aboard the ship. Read more »


Texas Justices Won’t Hear Wal-Mart Discovery Dispute

The Texas Supreme Court on Friday declined Wal-Mart Stores Inc.'s request for the court to step into a discovery dispute between it and a former employee claiming she was wrongfully fired, leaving in place a lower appellate court's ruling that it must produce unsealed documents. Read more »



A Chat With Littler Info Chief Durgesh Sharma

In this monthly series, legal recruiting experts at Major Lindsey & Africa interview management from top law firms about navigating an increasingly competitive business environment. Here we feature Durgesh Sharma, chief information officer at Littler Mendelson PC. Read more »


The Arbitrability Of Claims Arising Under PAGA

If an employee asserts representative claims seeking civil penalties from his employer under California’s Private Attorneys General Act, are they arbitrable by agreement of the parties? Courts should adopt a unified approach to this question and allow representative PAGA claims to be arbitrated, so long as they are not outright waived, say M.C. Sungaila and Marco Pulido of Haynes and Boone LLP. Read more »


Ashurst Bonus Shake-Up Stands To Impact Gender Pay Gap

U.K.-based multinational law firm Ashurst LLP on Friday announced that it plans to begin offering bonuses to its nonmanagerial office staff, a move that will likely ameliorate the law firm's gender pay gap. Read more »

End Legal Monopoly With Antitrust Review, Law Prof Says

The current system of regulating the legal profession in the United States has created a monopoly that drives prices up and leaves too many people without a lawyer, according to one law professor who suggests that subjecting the sector to federal antitrust law may be the way forward. Read more »

GC Cheat Sheet: The Hottest Corporate News Of The Week

Civil and criminal charges​ were filed against a former Equifax executive accused of selling off shares before the public was informed of the company’s data breach, ​business groups collectively pushed for legislation that will slash tariffs on hundreds of products,​ and new data from the Bureau of Labor Statistics shows the legal services sector is far from getting back to the record high employment levels reached in the mid-2000s. These are some of the stories in corporate legal news you may have missed in the past week.​ Read more »


Law360's Pro Say: A New Legal Weapon In The #MeToo Battle

On the latest episode of Law360's Pro Say podcast, we discuss how a novel legal approach may place new liability on sex abuse enablers; the White House squashing a proposed $117 billion takeover of chipmaker Qualcomm by a foreign company; the largest agricultural litigation settlement in U.S. history; and a judge who used Shakespeare to write a spirited ruling in a dispute over wine. Read more »

In Case You Missed It: Hottest Firms And Stories On Law360

For those who missed out, here's a look back at the law firms, stories and expert analyses that generated the most buzz on Law360 last week. Read more »

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Alexander Dubose

Anderson Kill

Archer & Greiner

Armstrong Teasdale

Ashurst LLP

Buchanan Ingersoll

Burns White


Duane Morris


Fisher Phillips

Gauntlett & Associates

Gibson Dunn

Greenberg Traurig

Groom Law Group

Hart Wagner

Haynes and Boone

Jamison & Associates PLLC

Kemp Smith

Lichten Liss-Riordan

Littler Mendelson

Maltzman & Partners

Metz Lewis

Michael Best

Morgan Lewis

Morvillo Abramowitz

Nichols Kaster

Norton Rose Fulbright

O'Melveny & Myers

Paul Hastings

Proskauer Rose

Reed Smith

Ropes & Gray

Rukin Hyland

Samuels Yoelin

Sterne Kessler

The Killian Firm

Thompson Hine

Tressler LLP

Vinson & Elkins

Whitmyer IP Group

Wilson Elser

Wolf Greenfield


AT&T Inc.

Acelity LP Inc.

Adecco SA

Amalgamated Transit Union Inc.

American Bar Association

American Federation of Labor and Congress of Industrial Organizations

BlackBerry Ltd.

Broadcom Ltd.

Carnival Corp.

Colliers International Property Consultants

Consumer Federation of America

DHL International GmbH

Delta Air Lines Inc.

Equifax Inc.

Exel Inc.

Exxon Mobil Corporation

Five Star Quality Care, Inc

General Electric Company

Google Inc.

HBR Consulting LLC

Hitachi Consulting Corp.

Instagram Inc.

Lambda Legal Defense & Educational Fund

LifeCell Corp.

Major Lindsey & Africa

Mattel, Inc.

Microsoft Corporation

Mitsubishi Motors Corp.

Mylan NV

National Association of Manufacturers

New York Times Co.

Oracle Corp.

PepsiCo Inc.

PharMerica Corporation

Princess Cruise Lines Ltd.

QUALCOMM Incorporated

Smith & Nephew plc

Syngenta AG

Tidewater, Inc.

Twitter Inc.

U.S. Chamber of Commerce

United Continental Holdings Inc.

Wal-Mart Stores Inc.

Wells Fargo & Co.


Bureau of Labor Statistics

California Labor and Workforce Development Agency

Commodity Futures Trading Commission

Equal Employment Opportunity Commission

European Union

Securities and Exchange Commission

U.S. Coast Guard

U.S. Department of Justice

U.S. Department of Labor

U.S. Patent and Trademark Office

U.S. Supreme Court

United States District Court for the Eastern District of Pennsylvania