A new breed of high-tech hiring tools aimed at helping employers sift through growing applicant pools can unfairly weed out women and minorities, putting unwary businesses at risk of being caught up in an anticipated wave of bias litigation.  
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Friday, January 18, 2019 Follow Employment Law360

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Analysis

Tech-Driven Hiring Tools May Spawn New Wave Of Bias Suits

A new breed of high-tech hiring tools aimed at helping employers sift through growing applicant pools can unfairly weed out women and minorities, putting unwary businesses at risk of being caught up in an anticipated wave of bias litigation.   Read full article »

Union Membership Down Slightly In 2018, BLS Says

The rate of American workers who are union members ticked down nominally last year in both the private and public sectors as more workers entered the labor market, according to U.S. Department of Labor data released Friday. Read full article »

Feature

#MeToo Movement Molds New Protections In Mergers

Since the #MeToo movement took off just over a year ago, it has shone a light on widespread sexual harassment in the workplace, sparking a change in perception that is increasingly shaping merger negotiations as buyers weigh the commercial risks associated with such allegations. Read full article »

Feature

Behind The Scenes, #TimesUp Fund Gets To Work

The TimesUp Legal Defense Fund, born of a social media hashtag, has grown to $24 million and is so far funding sexual harassment litigation, defamation defense, and public relations on behalf of dozens of women. But most of its work is taking place behind the scenes. Read full article »

DISCRIMINATION

Consol Says Ex-Prez Can't Show Gender Played Role In Pay

The changing structure and nature of the coal industry were behind a female Consol Energy Inc. executive’s termination, not her gender or her complaints about being paid less than her male counterparts, the company argued Thursday in an effort to toss her lawsuit from a Pennsylvania federal court. Read full article »

NJ Governor's Atty Blasted For Withholding Rape Claims

The chief counsel to New Jersey Gov. Phil Murphy faced sharp criticism from state legislators Friday about his choice not to inform the governor about rape allegations against a then-staffer for months before media inquiries about the alleged assault, as lawmakers challenged whether a state policy required keeping Murphy in the dark. Read full article »

WAGE & HOUR

Texas Justices To Take On Nursing Pay Dispute

The Texas Supreme Court said Friday it will hear oral arguments in a case in which a McAllen hospital claims lower courts have wrongly sided with its nurse supervisors in a pay dispute by treating their annual performance evaluations as employment contracts that set an annual salary. Read full article »

LABOR

BENEFITS

NONCOMPETES

TRADE SECRETS

EXECUTIVE COMPENSATION

Feature

C-Notes In The C-Suite: How Women Can Get Their Fair Share

Though the #MeToo and #TimesUp movements have raised awareness of gender equality issues in the workplace, female executives still face hurdles when looking to negotiate compensation packages that mirror those of their male counterparts. Here, Law360 looks at these obstacles and what companies, incoming executives and lawmakers are doing to tear them down. Read full article »

WHISTLEBLOWER

WORKER SAFETY

WRONGFUL TERMINATION

BANKRUPTCY

PEOPLE

Littler Hires Ex-Kaufman Dolowich Partner On Long Island

Littler Mendelson PC has expanded its Long Island presence with the hire of a former Kaufman Dolowich & Voluck LLP attorney, who brings to the firm years of experience representing employers in discrimination claims and wage-and-hour disputes. Read full article »

Calif. Restaurant Chain To Pay $4M To End Wage Theft Row

A California restaurant chain has agreed to pay $4 million to end a wage theft case pending before state labor regulators that alleges it underpaid about 300 immigrant workers, a legal group representing the workers said Thursday. Read full article »

Security Guards Hit NYU Hospitals With Wage-And-Hour Suit

New York University’s teaching hospitals failed to fully compensate security guards for overtime work and skimped on pay for required duties before and after shifts, according to a putative class action filed Friday in New York state court. Read full article »

Seat Maker Must Face BNSF Suit Over Engineer's Injury

Seats Inc. must face BNSF Railway Co.'s breach-of-contract suit alleging the manufacturer should be on the hook for payments to an engineer who suffered career-ending injuries from allegedly defective locomotive seats, a Nebraska federal judge ruled. Read full article »

BNSF Worker Wins $3.5M In Rail Yard Injury Suit

A Nebraska jury has awarded $3.5 million to a BNSF Railway Co. employee who lost his foot after train cars were moved on a track where he was working. Read full article »

EXPERT ANALYSIS

What Calif. Employers Should Know About LA Teacher Strike

The Los Angeles Unified School District teachers’ strike raises serious questions not only for parents, but also employers who may be required to accommodate employees' requests for time off under California’s child-related activities leave law, say Ellen Bandel and Ryan Bykerk of Greenberg Traurig LLP. Read full article »

LEGAL INDUSTRY

Analysis

Skadden's Deal With DOJ Comes With Woes For Ex-Partner

Skadden Arps Slate Meagher & Flom LLP called its $4.6 million deal with the U.S. Department of Justice “closure” after failing to register its lobbying work for the Ukrainian government, yet experts say the settlement actually exposes serious legal risks faced by ex-partner Gregory Craig and potentially others. Read full article »

Analysis

Skadden Began Ukraine Work With Caution, Ended It In Lies

Emails released by the U.S. Department of Justice show how Skadden Arps Slate Meagher & Flom LLP lawyers slowly abandoned caution toward a foreign lobbying law and began openly lying to federal investigators during their engagement with the Ukrainian government from 2012 to 2013. Read full article »

Analysis

Skadden Deal Shows DOJ's FARA Focus Shifting To High Gear

The settlement announced Thursday between Skadden Arps Meagher & Flom LLP and the U.S. Department of Justice is the latest sign of increased enforcement of the current Foreign Agent Registration Act, even as efforts to update the law have gone nowhere. Read full article »

Analysis

For Skadden's Brand, Ukraine Scandal A Shot Across The Bow

Skadden’s unregistered lobbying work for the Ukrainian government has cost the law firm $4.6 million in a settlement with the U.S. Department of Justice, but could the debacle cost the firm even more in reputational damage? Read full article »

Feature

Could A Tougher Standard For Law Schools Hurt Diversity?

The American Bar Association’s governing body is poised to vote later this month on a proposal to create stricter standards for law school bar passage rates, a move some say could have a negative impact on the diversity of the legal profession. Read full article »

Fed. Circ. To Remain Open During Shutdown

The Federal Circuit said in an order published on Friday that it would remain open during the partial government shutdown, with all deadlines remaining in place and all oral arguments proceeding as scheduled, as the federal courts brace themselves to run out of available funds within the coming days. Read full article »

GC Cheat Sheet: The Hottest Corporate News Of The Week

Two new reports found that in-house lawyers are increasingly looking for nontraditional perks such as flexible work arrangements and paid meals in addition to hefty bonuses, and that law firm leaders in the new year are overall fairly confident about their own shops' prospects but have more gloomy predictions about the domestic and global economies. These are some of the stories in corporate legal news you may have missed in the past week.​ Read full article »

Podcast

Law360's Pro Say LIVE: SDNY Chief Talks Women In The Law

This week the Pro Say podcast is live from the New York State Bar Association's annual meeting, talking with the chief judge of the Southern District of New York about how women are faring in the legal profession. Read full article »

Judge Orders Blue Cross Attys To Shape Up In Antitrust MDL

The Alabama federal judge overseeing sweeping antitrust litigation against the Blue Cross Blue Shield network has said he can no longer wait for the insurance giant’s army of lawyers to marshal themselves into a more manageable group, ordering a dozen attorneys into a "Council of Twelve" to streamline a leadership plan. Read full article »

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