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Employment

  • November 13, 2018

    Nine West Gets OK To Solicit Votes On Ch. 11 Plan

    Nine West Holdings Inc. received New York bankruptcy court approval Tuesday to solicit votes from creditors on its plan to reorganize in Chapter 11 while certain stakeholders maintain that the fashion company's proposal to settle potential fraudulent transfer claims against owner Sycamore Partners is woefully inadequate.

  • November 13, 2018

    NHL Ends Concussion MDL With $19M Tentative Settlement

    The National Hockey League has agreed to pay nearly $19 million to end multidistrict litigation brought by more than 300 retired players alleging they endured long-term problems from head trauma suffered on the ice, a deal some experts said fell short of expectations after the league put up a stiff defense.

  • November 13, 2018

    US To Pay Contractor $1.1M For SC Nuclear Facility Work

    The National Nuclear Security Administration must pay at least $1.1 million in withheld cash to the company tasked with designing, building and running a now-canceled nuclear fuel facility in South Carolina, the U.S. Court of Federal Claims said Friday.

  • November 13, 2018

    8th Circ. Backs Hospital In EEOC Religious Bias Appeal

    Workers denied religious accommodations can't automatically sue under a provision of federal law barring businesses from retaliating against workers who oppose discrimination, a split Eighth Circuit panel said Tuesday, declining to revive a U.S. Equal Employment Opportunity Commission suit.

  • November 13, 2018

    Immigration Firms Grossman Law, Hammond Young Merge

    Maryland immigration boutiques Hammond Young Immigration Law LLC and Grossman Law LLC said Tuesday that they had joined forces to create Grossman Young & Hammond, bringing together their respective expertise in business immigration and humanitarian immigration matters.

  • November 13, 2018

    Cloud Co. To Pay $775K Over Wrongful Firing Claims

    Cloud software company Lanetix Inc. has agreed to pay $775,000 to 15 programmers who claim they were wrongly terminated after developers at the company announced their intention to unionize, according to a statement from the NewsGuild-Communications Workers of America.

  • November 13, 2018

    Walmart Can't Decertify Massive Meal Break Class

    Walmart has lost a bid to decertify a class of at least 50,000 workers who claim the big-box retailer underpaid them for missed lunch breaks, with a California federal judge finding Tuesday that company records allowed the court to assess potential liability on a class basis.

  • November 13, 2018

    Fed. Circ. Nixes IRS Worker's Suspension Over Underpaid Tax

    The Federal Circuit on Tuesday vacated an arbitrator’s decision to impose a 10-day suspension and a reduction in back pay on an Internal Revenue Service customer service employee who was dismissed from her job after underpaying taxes, saying the court could not discern what charges supported the decision.

  • November 13, 2018

    Former Cinnabon Worker Keeps No-Poach Suit 'At Own Risk'

    A former Cinnabon worker can move forward with a proposed antitrust class action over the company's allegedly anticompetitive "no-poaching" agreements keeping franchises from hiring away the employees of their peers, but a Washington state federal judge signaled a tough road ahead by imposing a challenging burden of proof.

  • November 13, 2018

    Ruling Paves Way For $30M Payout In Overtime Case

    A class of Computer Sciences Corp. systems administrators are looking at about $30 million in unpaid overtime and damages after a Connecticut federal judge resolved a series of remedies questions left open after their December jury win, the workers’ attorneys said Tuesday.

  • November 13, 2018

    Law Students Urged To Shun Kirkland Over Arbitration Pacts

    More than two dozen Harvard Law School students are asking their peers to boycott Kirkland & Ellis LLP over the international law firm’s use of mandatory arbitration agreements, and on Tuesday the group promised to expand the movement to other firms and law schools in the near future.

  • November 13, 2018

    Tata Encouraged 'Expats Versus Locals' Culture, Jury Hears

    A California federal jury considering class claims that Tata Consultancy Services Ltd. discriminates against non-South Asians heard taped deposition testimony Tuesday from a former Tata senior human resources manager, who said that the company prioritizes visa holders and the culture was “expats versus locals.”

  • November 13, 2018

    Ex-GrubHub Driver Asks 9th Circ. To Undo Contractor Ruling

    A former GrubHub Inc. driver asked the Ninth Circuit on Friday to reverse a finding that he’s an independent contractor and not an employee, insisting the worker classification standard set by the California Supreme Court's Dynamex ruling upended it.

  • November 13, 2018

    Buchalter Opens San Diego Office With Employment Team

    Southern California-based Buchalter PC opened the doors on its new San Diego office, the firm's sixth office in its home state and eighth overall, which will at first consist mainly of a new labor and employment team, the firm announced on Monday.

  • November 13, 2018

    Ex-Merrimack Analyst Gets 6 Months For Insider Trading

    A former biostatistician at Merrimack Pharmaceuticals Inc. was sentenced to six months in prison and one year of supervised release Tuesday after he maintained his innocence on insider trading charges in Boston federal court. 

  • November 13, 2018

    Merrill Lynch Workers Win Conditional Cert. In OT Suit

    A New Jersey federal judge has granted conditional certification to a class of current and former Merrill Lynch “email reviewers” in a suit alleging parent company Bank of America NA improperly failed to pay them overtime, but the judge said receiving final certification will be more difficult.

  • November 13, 2018

    Justices Reject Southwest Worker's FMLA Retaliation Case

    The U.S. Supreme Court on Tuesday refused to hear an appeal from a former Southwest Airlines worker who said colleagues were upset he took federally protected medical leave and got him fired by concocting claims that he threatened to bring a gun to work.

  • November 13, 2018

    NJ Arbitration Clauses Must Specify Forum, Court Says

    A New Jersey appeals court Tuesday revived a former Jenny Craig Inc. worker's lawsuit alleging her hours were drastically cut because of her age, ruling that arbitration clauses that don't specify a forum are unenforceable.

  • November 12, 2018

    NCAA Argues Fans ‘Overwhelmingly Oppose’ Paying Athletes

    The NCAA defended its rules limiting athlete compensation in a landmark antitrust California federal bench trial on Friday, arguing that college sports fans value amateurism and “overwhelmingly oppose” paying student athletes.

  • November 12, 2018

    Ex-AIG Staff Could Win $100M After High Court Bonus Ruling

    A London court has ruled that 23 former executives at AIG are entitled to deferred bonuses pre-dating the financial crisis that could be worth more than $100 million despite the units' involvement in the risky trading that nearly brought down the insurance giant.

Expert Analysis

  • It’s Time For Law Firms To Start Talking About Gen Z

    Eliza Stoker

    Since the oldest members of Generation Z aren’t even finished with law school yet, law firm management is in a unique position to prepare for their entrance into the legal workforce, says Eliza Stoker of Major Lindsey & Africa.

  • Employee Nonsolicitation Terms Now Likely Void In California

    Dylan Wiseman

    In AMN Healthcare v. Aya Healthcare Services, a California appellate court recently held that employee nonsolicitation agreements are void unless they fall within one of three statutory exceptions, clearing up uncertainty about their enforceability in the state, say Dylan Wiseman and Alexandra Grayner at Buchalter PC.

  • AAA Arbitration: An Overview For Employment Lawyers

    Excerpt from Lexis Practice Advisor
    Julia Jordan

    Julia Jordan and Christina Andersen of Sullivan & Cromwell LLP provide guidance on arbitrating employment-related disputes before the American Arbitration Association and summarize what practitioners might expect during various aspects of the process.

  • An Expansion Of Employee ADEA Protections At High Court

    Daniel Pasternak

    The U.S. Supreme Court’s decision in Mount Lemmon Fire District v. Guido extends Age Discrimination in Employment Act protections to all political subdivisions of states, regardless of size, despite contrary interpretations by many circuits, say Daniel Pasternak and Melissa Legault of Squire Patton Boggs LLP.

  • Q&A

    Back To School: Yale's Linda Greenhouse Talks Journalism

    Linda Greenhouse

    In this series featuring law school luminaries, Yale Law School lecturer and Pulitzer Prize-winning reporter Linda Greenhouse discusses her coverage of the U.S. Supreme Court, the conservatives' long game and trends in journalism.

  • Opinion

    Celebrate Veterans By Improving Their Access To Justice

    Linda Klein

    Attorneys should think beyond the Veterans Day parades and use their time and talents to help the many veterans facing urgent legal issues, says Linda Klein of Baker Donelson Bearman Caldwell & Berkowitz PC.

  • NY Employers Must Prep For New Wage Laws Now

    Randi May

    New York legislation mandating a series of significant wage increases becomes effective at the end of 2018. Employers should make sure their payrolls are in order well before the new year, as violations can result in steep consequences, say Randi May and Amory McAndrew of Hoguet Newman Regal & Kenney LLP.

  • Energy Cos. Engage With A New Forum For Human Rights

    Viren Mascarenhas

    National contact points are hearing more human rights, labor and environmental complaints related to energy companies, bringing these grievances to public attention and sharing findings with potential litigants, say attorneys with King & Spalding LLP and an adviser at the Danish Institute for Human Rights.

  • Top 10 Employer Takeaways From Midterm Election Results

    Richard Meneghello

    In Tuesday's midterm elections, Democrats recaptured the House for the first time in eight years while Republicans retained and strengthened their grip on the Senate. Richard Meneghello and Benjamin Ebbink of Fisher Phillips break down what this means for employers.

  • Evaluating Obesity As An Impairment At Wash. High Court

    Tina Tellado

    The Washington Supreme Court's eventual decision in Taylor v. Burlington Railroad Holdings is likely to have far-reaching effects that will inform how employers and employees approach weight-based discrimination issues in the workplace and during the prehiring process, say Tina Tellado and Trisha Thompson of Holland & Knight LLP.