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Employment

  • February 19, 2019

    DOJ Says Shuttered Abbott Unit Engaged In Kickback Scheme

    A now-defunct diabetic testing equipment supplier last owned by Abbott Laboratories violated the False Claims Act by charging Medicare for unnecessary equipment and by paying kickbacks, federal prosecutors intervening in a whistleblower case said Tuesday. 

  • February 19, 2019

    IHOPs To Shell Out $700K To End Sex Harassment Policy Suit

    Several IHOP franchisees agreed Tuesday to pay $700,000 to resolve a suit by the U.S. Equal Employment Opportunity Commission in Nevada federal court accusing the restaurant chain locations of operating under an illegal policy that discouraged employees from reporting sexual harassment.

  • February 19, 2019

    New NYC Discrimination Guidance Focuses On Hairstyles

    New York City’s Commission on Human Rights is putting employers on notice that banning or restricting hairstyles that are associated with black people is a form of racial discrimination. 

  • February 19, 2019

    Texas Justices Urged To Ax Negligent-Hiring Claim

    A lower appellate court should have dismissed a lawsuit against Endeavor Energy Resources LP because the rules limiting a property owner's liability for contractors' injuries can extend to a negligent-hiring claim over a contract employee's death at a drill site, The Texas Supreme Court was told in oral arguments Tuesday.

  • February 19, 2019

    High Court Denies Minn. Minimum Wage Preemption Petition

    The U.S. Supreme Court declined Tuesday to take up a Minnesota assisted living home’s appeal of an Eighth Circuit ruling that let a district court abstain from deciding the home’s challenge to the state’s minimum and overtime wage law.

  • February 19, 2019

    Elevator Co. Owner Bribed University For Work, Jury Told

    The owner and president of an Illinois-based elevator repair company paid a public university’s elevator foreman about $200,000 in bribe money to ensure she could keep receiving contracted service work from the school, a federal prosecutor told a jury Tuesday.

  • February 19, 2019

    Facebook Manager Used Racial Slurs, Worker Tells 4th Circ.

    A black Facebook facilities worker urged the Fourth Circuit to revive his suit accusing the social media giant of denying him a promotion because of his race, arguing there was undisputed evidence his ex-boss frequently used racial epithets.

  • February 19, 2019

    Texas Jiffy Lube Owners Underpay Workers, Suit Says

    A technician for a Texas Jiffy Lube has accused its owners of docking her pay for lunch hours even when she worked through them and denying her time-and-a-half overtime pay required under law in a proposed class action filed Monday in Texas federal court.

  • February 19, 2019

    Ex-EEOC Member Feldblum Lands At Morgan Lewis

    Two-term U.S. Equal Employment Opportunity Commission member Chai Feldblum — a Democrat — has found a surprising landing spot on Morgan Lewis & Bockius LLP’s employment law team after leaving the agency last month amid some conservative opposition to her return, the firm announced Tuesday.

  • February 19, 2019

    EQT Says Pa. Workers 'Raided' Files Just Before Being Fired

    A pair of EQT Corp. employees raided the company’s computers and copied confidential data in the early-morning hours before a meeting in which they were going to be fired, the company claimed in filings made in Pennsylvania state and federal courts Tuesday.

  • February 19, 2019

    Latino Workers, Enviros Sue EPA To Force Paint Stripper Ban

    The U.S. Environmental Protection Agency has failed to properly regulate a paint-stripping chemical, leaving users at risk of heart attack, asphyxiation and other health issues, a Latino workers group and environmentalists said in a lawsuit filed Tuesday.

  • February 19, 2019

    Chamber, Uber Fight To Invalidate Seattle Driver Union Law

    The U.S. Chamber of Commerce and an Uber subsidiary have asked a Washington federal judge to invalidate Seattle's ordinance letting ride hailing app-based drivers unionize, saying the city’s law blatantly violates federal antitrust law by allowing independent contractors to band together and fix prices.

  • February 19, 2019

    Mass. Top Court Sets Standard For Atty Fees In Wage Suits

    An employee suing an employer for unpaid wages can recover attorneys' fees when winning a "favorable settlement," even when a court does not sign off on the deal, according to a Massachusetts Supreme Judicial Court ruling Tuesday with potentially wide-ranging implications.

  • February 15, 2019

    The $1B Question: Can Puerto Rico Afford Its Bankruptcy Bills?

    Law firms and other professional service providers are seeking more than $300 million in bills for Puerto Rico’s unprecedented restructuring — a figure that is eventually expected to surpass $1 billion. Some local attorneys are questioning the costs.

  • February 15, 2019

    Puerto Rico’s Law Firms Find Their Footing After Disaster

    Out of disaster comes opportunity. That is what the corporate legal community of Puerto Rico found after Hurricane Maria. But for many attorneys, the recovery is personal, too.

  • February 15, 2019

    Milbank Beats Trustee Objection To Rep Gymboree In Ch. 11

    Milbank Tweed Hadley & McCloy LLP can serve as counsel for children's clothing retailer Gymboree Group Inc. as it looks to liquidate most of its business in Chapter 11, a Virginia bankruptcy judge ruled Friday, finding the firm is not conflicted simply because it represents Gymboree creditors in other matters.

  • February 15, 2019

    4 Things To Watch When DOL's Overtime Rule Finally Drops

    The U.S. Department of Labor is close to unveiling its long-awaited plan for scaling back a controversial Obama-era rule that expanded overtime protection for millions of white-collar workers. Here, experts discuss four things they will be looking for when the agency’s overtime rule is proposed.

  • February 15, 2019

    Judge OKs $1.2M Deal Ending Fidelity Workers' Wage Suit

    A California federal judge on Friday granted preliminary approval to a $1.2 million settlement agreement between Fidelity and employees claiming the company owes them overtime pay.

  • February 15, 2019

    Judge Blocks Air Force Discharges For HIV-Positive Airmen

    A Virginia federal judge on Friday blocked the pending discharge of HIV-positive airmen by the U.S. Air Force, ruling that its HIV policies are irrational and do not reflect the availability of modern HIV treatments.

  • February 15, 2019

    Texas Justices Back Exxon In Workers' Comp Recoup Row

    The Texas Supreme Court on Friday sided with ExxonMobil Corp. in its dispute with The Insurance Company of the State of Pennsylvania, holding that the insurer waived its rights to recover from Exxon workers' compensation payments the insurer made to two injured workers.

Expert Analysis

  • 5 Ways To Reduce Risk Under Ill. Biometric Privacy Law

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    The Illinois Supreme Court's decision last month in Rosenbach v. Six Flags resolves much of the uncertainty about when an individual may bring suit under the Illinois Biometric Information Privacy Act. Now is the time for companies to ensure BIPA compliance, say attorneys with Fenwick & West LLP.

  • DOJ Is Trying To Rein In Franchise No-Poach Suits

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    Antitrust treatment of so-called “no-poach” agreements is evolving, and the biggest development over the past few months has been the U.S. Department of Justice’s targeted advocacy in several ongoing lawsuits, say attorneys with Skadden Arps Slate Meagher & Flom LLP.

  • Opinion

    The Problem With 'Optimal' Diversity

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    Organizations should seek to avoid discrimination, but they should also be wary of the idea that diverse teams function better than nondiverse teams, because this reasoning lacks evidence and can lead to a slippery slope, says J.B. Heaton of J.B. Heaton Research LLC.

  • The Growing Use Of Anti-SLAPP In Employment Cases

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    The strength of an anti-SLAPP statute hinges on its text. In states with strong legislation, courts have found that certain adverse employment actions implicate constitutional rights and fall within the purview of the law, say Jana Baker and Victoria Vish of Ogletree Deakins Nash Smoak & Stewart PC.

  • State Net

    States May Take The Lead On Regulating AI

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    While artificial intelligence promises to revolutionize the way we live and work, there has been relatively little government regulation targeting it specifically. But legislation referring to AI is currently pending in at least 13 states, and more may be on the way, says Korey Clark of State Net Capitol Journal.

  • How Workplace Disparities May Arise: An Economic Outline

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    Recent trends suggest that workplace discrimination will continue to be an area of focus for enforcement activities and private litigation. But to comply with stronger pay equity laws and hedge against the risk of litigation, employers must understand how systematic disparities might occur, say members of Analysis Group Inc.

  • What To Watch As Pa. Justices Consider Facebook-Post Firing

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    The Pennsylvania Supreme Court’s eventual decision in Carr v. Commonwealth of Pennsylvania could have a significant effect on how public employers in the state address employee social media use, say Ivo Becica and Qiwei Chen of Obermayer Rebmann Maxwell & Hippel LLP.

  • 3 Aspects Of Executive Agreements That Need An Upgrade

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    Underlying recent executive disputes with companies like Papa John's, Barnes & Noble and Uber is the executive employment agreement, which appears to include three areas that could and should be improved, says Zak Franklin of McDermott Will & Emery LLP.

  • Mediation Opening Arguments Should Not Be A Throwdown

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    Presenting a powerful opening statement at mediation plays an important role in achieving success, but you need to reach into your toolbox for more than just a hammer, says Anthony Rospert of Thompson Hine LLP.

  • Lowered Bar For BIPA Lawsuits Will Raise Insurance Issues

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    The Illinois Supreme Court's recent ruling in Rosenbach v. Six Flags is likely to continue the proliferation of Biometric Information Privacy Act litigation, in turn leading to more insurance coverage disputes over whether BIPA claims involve "personal and advertising injury" or "property damage," says Jonathan Viner of Nicolaides Fink Thorpe Michaelides Sullivan LLP.