Employment

  • September 23, 2019

    Comedy Writer Testifies Billionaire Frequently Asked For Sex

    A comedy writer who worked for Alki David's media companies testified Monday that the billionaire choked her, slapped her butt, and frequently propositioned her for sex, kicking off the trial of the third sexual battery case against David to go before a California jury in six months.

  • September 23, 2019

    Lyft Drivers Seek Injunction In Mass. Misclassification Suit

    A proposed class of Lyft drivers on Monday asked a Massachusetts federal court to block Lyft from classifying its drivers as independent contractors rather than employees, arguing drivers struggle to earn a living wage under the ride-hailing giant's "misclassification scheme."

  • September 23, 2019

    7th Circ. Affirms Tile Shop's Pay Reconciliation System

    The Seventh Circuit on Monday held that retailer The Tile Shop isn't violating Illinois wage laws through a system designed to stabilize the pay that commissioned sales staff earn each month.

  • September 23, 2019

    Avon Can't Sidestep Ex-Workers' Pregnancy Bias Suit

    A New York federal judge has refocused a proposed pregnancy discrimination class action brought against cosmetics giant Avon and its North American spinoff by three former employees, dismissing allegations by one woman and refusing to send another's claims to arbitration.

  • September 23, 2019

    Litigation Funder Turns Up Heat On Concussion Deal Judge

    Litigation funder Thrivest claims the federal judge overseeing the concussion settlement is ignoring a Third Circuit ruling that overturned her decision to void hundreds of loans, and in a highly unusual move, the funder has asked the appellate court to step in and force her hand.

  • September 23, 2019

    Mass. Hospital Can't Nix Arbitrator's Reinstatement Of Nurse

    An arbitrator acted within his authority by reinstating a fired nurse accused of mistreating a transgender teenage patient, a Massachusetts federal judge has ruled, saying the arbitrator was empowered to decide whether the firing had been for just cause.

  • September 23, 2019

    MLB Asks Judge Not To Let Ump Amend Racial Bias Suit

    Major League Baseball has thrown a curveball to Angel Hernandez, telling a New York federal court the controversial umpire’s most recent request to amend his racial discrimination lawsuit based on “new” information about umpire evaluations is nothing more than a gimmick.

  • September 23, 2019

    Travel Perks Co. Strikes $925K Deal To End EEOC Bias Suits

    A corporate perks provider will pay nearly $1 million to end a pair of U.S. Equal Employment Opportunity Commission suits alleging it discriminated against disabled workers and let its workers be sexually harassed, the agency announced Monday.

  • September 23, 2019

    Hertz Workers Strike Out For 3rd Time On $1.75M Wage Deal

    A California federal judge has rejected for a third time a $1.75 million settlement to end break and wage claims by a proposed class of more than 2,000 Hertz Transportation Inc. workers, while warning the workers they may only get one more chance to seek his approval of the deal.

  • September 23, 2019

    Quinn Emanuel Launches #MeToo Plaintiffs Practice

    Quinn Emanuel Urquhart & Sullivan LLP announced on Monday that the firm has launched a new #MeToo-inspired practice group focused on representing victims of harassment, assault or discrimination in the workplace.

  • September 23, 2019

    Fraud Suit Against Football Startup Sent To Bankruptcy Court

    A Texas federal judge sent a lawsuit that accuses the now-defunct Alliance of American Football of misleading players about its financial state to the bankruptcy court overseeing the league’s reorganization, saying Monday the suit is related to the Chapter 11 case.

  • September 23, 2019

    Police Officer Wins Sex Bias Suit Against Pa. Township

    A Pennsylvania police officer has won a $200,000 jury verdict in her federal suit alleging that local officials ran afoul of state and federal law by nixing her promotion to full-time status because she's a woman.

  • September 23, 2019

    Zocdoc Strikes $1.4M Deal In Sales Workers' OT Suit

    Zocdoc Inc. has agreed to pay $1.39 million to wrap up a proposed collective action lawsuit claiming the medical appointment booking service violated federal and New York state law by misclassifying sales workers as independent contractors to deny them overtime wages.

  • September 23, 2019

    J&J Beats Bias Suit From Woman Who Sought Exec Position

    A Florida federal judge has thrown out an employee's suit claiming Johnson & Johnson Vision Care Inc. refused to consider her for an executive position because she's a woman, finding that she hadn't shown the company's stated reasons for passing her over were a smokescreen for bias.

  • September 23, 2019

    Nissan, Ex-CEO Pay SEC $16M To End Compensation Claims

    Nissan Motor Co. Ltd. and its former CEO Carlos Ghosn agreed Monday to pay $15 million and $1 million, respectively, to settle U.S. Securities and Exchange Commission claims related to the alleged concealment of more than $140 million in retirement compensation.

  • September 23, 2019

    Mass. Top Court Denies Hospital's Anti-SLAPP Appeal Again

    Massachusetts' highest appellate court on Monday gave a group of nurses the green light to sue a hospital for defamation based on public statements by its president, saying the suit squares with a previous top court ruling narrowing the anti-Strategic Lawsuit Against Public Participation statute.

  • September 20, 2019

    Longtime Charlie Rose Makeup Artist Sues For Harassment

    The former head of makeup for Charlie Rose has sued the embattled interviewer and his production company, claiming Rose subjected her to years of misogynistic and harassing behavior that was also directed at other female staff members.

  • September 20, 2019

    EEOC Nets Nearly $1M In Wave Of Disability Bias Deals

    Over the past week, the U.S. Equal Employment Opportunity Commission scored court approval for settlements totaling almost $1 million that end disability bias suits the agency filed on behalf of workers and job applicants, including a refinery worker with vision loss and a paraplegic PacSun applicant.

  • September 20, 2019

    9th Circ. OK Of LinkedIn Data Scraping May Curb CFAA

    The Ninth Circuit has found that scraping information in bulk from public LinkedIn profiles likely does not breach the federal Computer Fraud and Abuse Act, in a closely watched ruling that could rein in the reach of the oft-challenged anti-hacking law.

  • September 20, 2019

    Dues Refunds After Janus Not A Sure Bet, 7th Circ. Chief Says

    The namesake plaintiff in the landmark Janus case and other nonunion state workers urged the Seventh Circuit on Friday to grant them a refund of the "fair share" fees they once paid for collective bargaining, but the judges said it's not a given that the U.S. Supreme Court's decision applies retroactively.

  • September 20, 2019

    HBO Must Face Workers' Claim $8M OT Deal Bred Retaliation

    HBO can't shake a claims it punished production assistants who participated in collective and class action suits alleging the company cheated workers out of overtime pay and breaks, a New York federal judge has ruled, saying she is skeptical the workers can ultimately make their case.

  • September 20, 2019

    House Dems Pass Limits On Mandatory Arbitration Clauses

    Democrats in the U.S. House of Representatives, with support from just two Republicans, passed a bill on Friday that would invalidate mandatory arbitration clauses related to employment, consumer, antitrust and civil rights.

  • September 20, 2019

    DOL Says Texas Construction Co. Can't Hire H-2B Workers

    The U.S. Department of Labor won't allow a Texas construction company to hire H-2B workers, finding it hadn't shown it needed the extra help to supplement, rather than replace, its permanent workforce.

  • September 20, 2019

    Nurse's Hospital Retaliation Suit Nixed By Ky. Appeals Court

    A Kentucky appeals court affirmed the dismissal of a nurse’s suit claiming she was fired for reporting patient safety issues, finding Friday she had engaged in "generalized complaining" and that the hospital would have canned her anyway over performance issues.  

  • September 20, 2019

    Insurer Can't Duck Allegation It Delayed Handling Injury Claim

    An insurance company must face claims that it took too long to process a workplace injury claim for a construction worker who subsequently died of unrelated causes, but the compensatory damages it may be liable for are limited to interest payments, a Delaware state court has determined.

Expert Analysis

  • Series

    Pursuing Wellness: Steps Toward A Supportive Firm Culture

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    As an early advocate of the American Bar Association's year-old well-being pledge, we launched an integrated program to create and sustain a supportive workplace culture with initiatives focused on raising mental health awareness, embracing creativity and giving back to the community, says Casey Ryan at Reed Smith.

  • Injunctive Relief Standard In Harassment Suits Is Fact-Specific

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    The Eleventh Circuit's decision in Furcron v. Mail Centers Plus demonstrates that the standards for injunctive relief in sexual harassment cases are flexible and allow creative remedies, but there are some legal constraints, says Matthew LaGarde at Katz Marshall.

  • Perspectives

    Bill Limiting Forced Arbitration Is Critical To Real Justice

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    Real justice means having access to fair and independent courts, but that will only be a reality when Congress bans predispute, forced arbitration under federal law with the Forced Arbitration Injustice Repeal Act, which passed the House on Friday, says Patrice Simms at Earthjustice.

  • Series

    Pursuing Wellness: Mental Health Education As A Firm Priority

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    Our firm drives a holistic concept of well-being through educational opportunities, such as a series of expert-led workshops intended to address mental health and substance abuse issues that we vowed to fight when we signed the American Bar Association's well-being pledge one year ago, says Krista Logelin at Morgan Lewis.

  • Bargaining Rights Ruling Is A Major Change In NLRB Doctrine

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    The National Labor Relations Board's decision in M.V. Transportation, which abandons its long-standing requirement for a clear and unmistakable waiver of union bargaining rights before an employer can make unilateral changes, effects historic change in every collective bargaining relationship, with many immediate and long-term consequences, says Keith McCown at Morgan Brown.

  • Series

    Pursuing Wellness: A Firm's Work With Mental Health Experts

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    Signing the American Bar Association's well-being pledge last year was a natural progression of our firm's commitment to employee wellness, which has included developing partnerships with professionals in the mental health space to provide customized programming to firm attorneys and staff, say Annette Sciallo and Mark Goldberg at Latham.

  • Classification Ruling Exhibits NLRB's Stance On Contractors

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    The National Labor Relations Board's recent Velox Express ruling that misclassifying workers does not violate the National Labor Relations Act shows that, unlike many other agencies and courts facing the issue, the board sees the independent contractor relationship as a legitimate alternative to the employer-employee model, say attorneys at Sheppard Mullin.

  • Series

    Pursuing Wellness: When A Firm Brings Counseling On Site

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    One year ago, our firm signed the American Bar Association's well-being pledge and embraced a commitment to providing on-site behavioral health resources, which has since become a key aspect of our well-being program, say Meg Meserole and Kimberly Merkel at Akin Gump.

  • Henry Schein Case Illuminates Maze Of Arbitrability Questions

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    While the U.S. Supreme Court’s Henry Schein decision strengthens the enforceability of arbitration provisions, the Fifth Circuit’s ruling on remand concerning arbitrability authority, exemplifies a need for careful drafting of arbitration clauses, say Andrew Behrman and Brandt Thomas Roessler at Baker Botts.

  • Calif. Dynamex Law Shifts Employment Landscape Drastically

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    With its hodgepodge carveout of job categories, a law signed Wednesday that codifies the California Supreme Court's worker classification decision in Dynamex is far from clear and will likely result in increased litigation with potentially devastating consequences for noncompliant businesses, says Eve Wagner at Signature Resolution.

  • Series

    Pursuing Wellness: Inside A Firm Meditation Program

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    After our firm signed the American Bar Association’s well-being pledge one year ago, we launched two key programs that included weekly meditation sessions and monthly on-site chair massages to help people address both the mental and physical aspects of working at a law firm, says Marci Eisenstein at Schiff Hardin.

  • Calif. High Court Ruling May Curb PAGA-Only Suits

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    The California Supreme Court's decision in ZB v. Superior Court that employees cannot recover unpaid wages under the Private Attorneys General Act imposes a serious limit on the law's scope and generates important questions for employee-side counsel when filing claims exclusively under PAGA, say Rafael Tumanyan and Michele Beilke at Hunton.

  • 5th Circ. Ruling Offers Map For Avoiding Daily Rate OT Claims

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    At first glance, it's no surprise that in U.S. Shale Solutions v. Faludi the Fifth Circuit rejected overtime claims from a highly compensated lawyer turned consultant, but the facts of the case and the court’s analysis provide guidance on whether daily rates can give rise to overtime lawsuits, says Debra Friedman at Cozen O’Connor.

  • Early Sampling Of Electronic Info Is Underutilized In Discovery

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    The early and prompt provision of samples from all electronically stored information sources as a part of ESI protocol search methodology is consistent with the Federal Rules of Civil Procedure and may allow for significant cost savings during discovery, says Zachary Caplan at Berger Montague.

  • To Defer Or Not To Defer: Kisor's Impact On Tax Controversies

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    Three recent federal tax cases show how the U.S. Supreme Court's June decision in Kisor v. Wilkie, substantially restricting agency deference, is affecting interpretation of the many regulations and guidance issued post-tax reform, say Andrew Roberson and Kevin Spencer at McDermott.