Employment

  • November 21, 2019

    New Barnes & Noble Owner 'Purged' Older Workers, Suit Says

    Barnes & Noble's new "vulture fund" owners have implemented a cost-saving strategy that depends on the "ruthless and unscrupulous purging" of workers over the age of 40, a former worker said in a proposed class action filed Wednesday.

  • November 21, 2019

    Ex-Sears GC Moves To Lewis Brisbois' Employment Group

    Lewis Brisbois Bisgaard & Smith LLP has scooped up a former Sears general counsel for the firm’s Chicago office, saying he has started as a partner in its labor and employment group.

  • November 21, 2019

    EEOC Scores $2.7M Disability Bias Deal For Sample Servers

    A company that provides retailers with food sample demonstrators agreed to pay nearly $2.7 million to resolve a U.S. Equal Employment Opportunity Commission lawsuit claiming it violated federal anti-discrimination law by forcing servers to stand for most of their shifts, the EEOC said Thursday. 

  • November 21, 2019

    2nd Circ. Says Teamsters Must Arbitrate Airline CBA Fight

    The question of whether the merger of Atlas Air Inc. and Southern Air Inc. means their Teamster-represented pilots must negotiate a joint contract with the combined company should be decided in arbitration, the Second Circuit ruled Thursday, rejecting the union's argument that the dispute belongs before a federal mediation board. 

  • November 21, 2019

    Tribal College Keeps Immunity Win In 9th Circ. Sex Bias Suit

    The Ninth Circuit has backed a lower court's decision to toss a sex discrimination suit brought against a Montana college by a former school official, agreeing that the college was shielded from the suit as an arm of the Confederated Salish and Kootenai Tribes.

  • November 21, 2019

    House Passes Health Worker, Social Worker Protection Bill

    The U.S. House of Representatives passed legislation Thursday designed to reduce workplace injuries in the health care sector by making employers set up plans to curtail workplace violence and mandating that incidents be investigated.

  • November 21, 2019

    McDonald's Workers Serve Up Suit Over Violent Customers

    McDonald's push for profits and its inadequate safety measures have caused employees to suffer physical and psychological harm at the hands of violent customers, workers at 13 Chicago restaurants alleged in an Illinois state court suit filed Thursday.

  • November 21, 2019

    MVP: Morgan Lewis' Sam S. Shaulson

    Morgan Lewis & Bockius LLP partner Sam Shaulson helped JPMorgan Chase secure a first-of-its-kind appellate ruling by the Fifth Circuit that workers who had signed arbitration agreements shouldn't be notified of a pending collective action, earning him a spot among Law360's 2019 Employment MVPs.

  • November 21, 2019

    USA Today Shunned Grieving Mom, Pregnancy Bias Suit Says

    USA Today told a sales executive she was too "negative" when she returned to work following her infant son's death and fired her when she became pregnant again a few months later, according to a suit filed in New York federal court Thursday.

  • November 21, 2019

    House Panel Approves Bipartisan Migrant Farmworker Bill

    The House Judiciary Committee advanced a rare bipartisan immigration bill to the floor on Thursday that would provide migrant farmworkers with a path to legal status in exchange for having businesses check their eligibility for agricultural employment.

  • November 21, 2019

    Aramark Nears Deal To End Suit Over Manager Bonuses

    Aramark Corp. is hashing out the final terms of a deal to settle a proposed class action from a group of managers accusing the Philadelphia-based food giant of reneging on its promises to pay them bonuses in 2018. 

  • November 21, 2019

    Legal Association's Prez Accuses Rivals Of Obstruction

    A Spanish attorney filed suit Wednesday in D.C. federal court against an international legal nonprofit that promotes the rule of law, saying that board members have attempted to block him from assuming his duties as the organization's president after he was elected.

  • November 21, 2019

    Investors Urge 5th Circ. To Revive Ponzi Claims Against SEI

    A group of investors in Robert Allen Stanford's massive Ponzi scheme are asking the Fifth Circuit to revive their claim that investment processor SEI Investments Co. could have provided them with the information they needed to avoid the scheme's collapse.

  • November 21, 2019

    FCA Applies To Fed Banks In Wells Fargo Suit, 2nd Circ. Says

    The Second Circuit revived a long-running whistleblower case against Wells Fargo on Thursday after ruling that the False Claims Act can apply to those who defraud the lending programs of Federal Reserve banks.

  • November 21, 2019

    NY Ride-Hailing Co. Secures $1M In Ch. 11 Financing

    Bankrupt ride-hailing service Juno USA LP received permission Thursday from a Delaware judge to access $1 million in post-petition financing as it pursues a wind-down of its American operations.

  • November 20, 2019

    Billionaire Grabbed Worker's Genitals, 2nd Witness Says

    A woman who worked at the offices of FilmOn told a Los Angeles jury Wednesday that she saw the company's founder Alki David walk up behind a female worker and grab her by the genitals, becoming the second witness to recount seeing the billionaire commit sexually battery on his accuser.

  • November 20, 2019

    UAW President Resigns After Union Moves To Oust Him

    The president of the United Automobile Workers, Gary Jones, resigned on Wednesday after the union moved to oust him from his post amid a bribery and accounting scandal, according to an attorney for the ex-labor leader.

  • November 20, 2019

    EEOC Jumps On Joint Employer Regulation Bandwagon

    The U.S. Equal Employment Opportunity Commission is aiming to clarify its approach for analyzing whether two employers are jointly liable for misbehavior toward workers, making it the third federal agency that oversees employers to tackle the issue in the last year.

  • November 20, 2019

    NHL Can Seek Canadian Doc's Records In Widow's Fraud Suit

    The NHL can seek medical documents from the Canadian neuropathologist accused of botching an analysis of former hockey player Todd Ewen's brain, a California federal court has ruled, after the league argued the information will be "critical" to resolving a fraud lawsuit brought by Ewen's widow.

  • November 20, 2019

    Texas Hospital Tries Again To End Doc's $19M Antitrust Suit

    Tenet Healthcare Corp. is trying for the second time to end a doctor's $19.2 million antitrust suit accusing it of excluding 70% of pediatric anesthesiologists in the San Antonio, Texas, area from working at its hospitals, again attacking the sufficiency of the evidence backing the claims.

  • November 20, 2019

    Medical Staffing Co. Must Face Brain Injury Suit In La.

    A Louisiana appellate panel on Wednesday revived a suit accusing a medical staffing company of causing a patient’s brain damage after a contractor nurse botched placement of a breathing tube, with the judges saying the staffing company’s contract imposed a duty to see that the nurse was properly supervised.

  • November 20, 2019

    Worker Classification Bid 'Makes No Sense,' Pa. Justice Says

    Arguments aimed at putting employers on the hook for withholding unemployment compensation taxes from workers who could potentially be considered independent contractors faced stiff criticism from Pennsylvania’s highest court on Wednesday, as one justice said the position made “no sense at all.”

  • November 20, 2019

    Ex-Fox Commentator Fights Atty's Bid To Nix Defamation Suit

    A former Fox News guest commentator who filed a $118 million defamation suit against a lawyer but whose own legal counsel missed a deadline to serve the initial complaint has urged a Texas federal court not to toss the case, as he would lose out on his claim.

  • November 20, 2019

    Calif. Health Group's $9.5M Wage Deal Gets Final OK

    A California federal judge gave the final go-ahead Wednesday to a $9.5 million deal ending a suit alleging a Golden State health care system routinely made a class of more than 6,500 employees perform off-the-clock work without regular and overtime pay.

  • November 20, 2019

    EEOC Gets $486M For Bias Victims, Cuts Backlog In FY2019

    The U.S. Equal Employment Opportunity Commission took in more than $486 million for discrimination victims in the last fiscal year, almost $20 million less than 2018's lofty haul, the federal workplace bias watchdog said Wednesday.

Expert Analysis

  • The Art Of Drafting Executive Employment Agreements: Part 1

    Excerpt from Lexis Practice Advisor
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    When constructing executive employment agreements, employers and executives often clash, but reviewing both perspectives can help shape a contract that smartly accommodates both parties' interests, says Mark Poerio at The Wagner Law Group.

  • Contractors Shouldn't Panic Over Record OFCCP Recoveries

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    A close look at the Office of Federal Contract Compliance Programs’ record recoveries from government contractors in fiscal year 2019 shows the agency’s momentum is unlikely to hold through 2020, when fewer Obama-era audits remain to be resolved, say former OFCCP Director Ondray Harris and Christy Kiely of Hunton.

  • Okla.'s New Facility Audit Law Offers Limited Protections

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    Oklahoma's new Environmental, Health and Safety Audit Privilege Act is designed to encourage voluntary compliance with environmental and occupational health and safety laws, but businesses should understand the limited scope of the immunity and privilege it offers, say Ashlyn Smith and Jake Krattiger of GableGotwals.

  • Opinion

    Justices Should Use Florist Case To Settle Free Speech Issues

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    The U.S. Supreme Court should review Arlene’s Flowers v. Washington to answer questions about creative professionals’ First Amendment rights, which the Kentucky Supreme Court did not address in its recent Lexington-Fayette Urban County Human Rights Commission v. Hands On Original decision, says Kristen Waggoner of the Alliance Defending Freedom.

  • Will College Athletes Be Deemed Employees Soon?

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    In light of the NCAA's recent proposed rule change on student-athlete compensation, and state and federal legislative developments in this area, people are again questioning whether student-athletes should be considered employees of the universities for whom they serve as a major revenue stream, says Sara Moore of Nemeth Law.

  • Wage Ruling Clears Up Tip Questions For Calif. Employers

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    A California state appeals court's recent wage decision in O’Grady v. Merchant Exchange Productions highlights that employers must clearly communicate to customers and employees the purpose of a service charge, especially if it is not intended as a gratuity, say attorneys at Davis Wright.

  • 7 Steps For Managing Private Equity Whistleblower Risk

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    In light of the U.S. Securities and Exchange Commission's report last week that whistleblower payouts have declined, private equity firms — which face unique risks — should shore up policies to encourage internal reporting and discourage retaliation, say attorneys at Kirkland.

  • How To Hire Lateral Partners More Effectively

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    Although lateral partner hiring is the preferred method of inorganic growth among law firms, the traditional approach to vetting does not employ sufficient due diligence by the hiring firm, says Michael Ellenhorn at executive search firm Decipher Competitive Intelligence.

  • Opinion

    The EEOC Should Continue To Collect Pay Data

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    The U.S. Equal Employment Opportunity Commission recently announced it will end court-ordered collection of pay data. But challenging discrimination requires pay and employment data linked to workplaces, says Donald Tomaskovic-Devey of the University of Massachusetts, Amherst.

  • MGA Ruling Guides On Time Limits For Trade Secret Claims

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    A California state appeals court recently upheld a trial court’s dismissal of MGA Entertainment’s Bratz doll trade secret claims against Mattel, demonstrating that new claims uncovered during discovery can trigger the statute of limitations under California's Uniform Trade Secrets Act, says Stephen Moses of Ferber Law.

  • NLRB Ruling Further Clarifies Employer Handbook Standards

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    The National Labor Relations Board’s recent LA Specialty Produce decision demonstrates the impact of the board's 2017 Boeing decision on workplace handbook standards and allowed the NLRB to explain certain aspects of the Boeing ruling, says Anthony Glenn at Barnes & Thornburg.

  • Comcast Bias Suit A Bad Way To Make Law, Arguments Show

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    Oral arguments before the U.S. Supreme Court in Comcast v. National Association of African American-Owned Media highlighted the case's flaws, including that it concerns the dismissal of a complaint that omitted a key fact and was tainted by dubious insinuations, says R. Scott Oswald of The Employment Law Group.

  • 7th Circ. Rulings Clarify ADA Obesity Standard For Employers

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    While the Seventh Circuit’s recent Americans with Disabilities Act decisions in Richardson v. Chicago Transit Authority and Shell v. BNSF Railway make clear employers may consider weight when evaluating a worker’s fitness for a position, they don't provide free rein to make hiring decisions based on obesity, say Jennifer Froehlich and Andrew Fiske at Holland & Knight.

  • 4 Months After Kisor V. Wilkie, Auer Deference Survives

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    Recent federal appellate and district court rulings suggest that the predicted radical curtailing of Auer deference in the wake of the U.S. Supreme Court's decision in Kisor v. Wilkie has not come to fruition, say Jeffrey Karp and Edward Mahaffey at Sullivan & Worcester.

  • Bill Would Bridge Digital Realty Whistleblower Protection Gap

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    The Whistleblower Programs Improvement Act's recent introduction in the Senate, along with overwhelming bipartisan support for a similar bill in the House, strongly indicates that Congress intends to extend whistleblower protections beyond the U.S. Supreme Court's 2018 Digital Realty decision, says Antuan Johnson at Katz Marshall.