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Employment

  • April 25, 2019

    Ex-NFL Players Seek Rethink Of Concussion Deal Changes

    Former professional football players are contesting newly adopted medical rules in the NFL concussion settlement, arguing the changes only benefit the league and were approved without giving the retired players a chance to review them, according to Wednesday filings in Pennsylvania federal court.

  • April 25, 2019

    Split 9th Circ. Revives FAA Job Applicant’s FOIA Bid

    A split Ninth Circuit panel on Wednesday revived a would-be air traffic controller's Freedom of Information Act suit against the Federal Aviation Administration, ruling that the documents sought by the unsuccessful job applicant aren't exempt from release just because they were generated by a third-party consultant.

  • April 25, 2019

    Lamps Plus Case Noted As $10M Class Arbitral Win Is Axed

    A Wisconsin federal judge referenced Wednesday's U.S. Supreme Court decision in the Lamps Plus case in a ruling Thursday that wiped out a mortgage worker's $10 million class arbitration win, saying the employee's arbitration agreement with her company unambiguously bars class arbitration.

  • April 25, 2019

    Calif. Court Rejects Arbitration Bid In Hotel Firing Suit

    A California appeals court has affirmed a lower court's denial of Carneros Resort and Spa's bid to force arbitration of a former worker's claims that he was wrongfully fired after raising concerns about the hotel's water use and Americans with Disabilities Act compliance.

  • April 25, 2019

    Former Calif. Democratic Party Boss Accused Of Sex Assault

    A California Democratic Party worker says he was repeatedly sexually assaulted and harassed by the political organization's former top boss while the party turned a blind eye to the inappropriate behavior, according to a Los Angeles County court suit.

  • April 25, 2019

    2nd Circ. Disability Bias Revamp Raises ADA Bar For Workers

    The Second Circuit recently aligned its legal standard for workers looking to prove workplace disability bias under the Rehabilitation Act and its test for assessing employees' Americans with Disabilities Act claims, a decision that experts say makes it easier for workers to pursue suits under the former but harder under the latter.

  • April 25, 2019

    Wash. AG Wants Docs In Jersey Mike's No-Poach Case

    The Washington Attorney General's Office has urged a state court to force nearly two dozen Jersey Mike's franchisees to hand over documents in the agency's suit challenging the sandwich chain's practice of forbidding franchisees from hiring one another's employees.

  • April 25, 2019

    NLRB Chides Union For Booting Unhappy Members

    The National Labor Relations Board has affirmed an administrative law judge’s finding that a security officers union flouted federal labor law when it stopped representing the officers at certain government buildings in Philadelphia after spinning them off into their own local.

  • April 25, 2019

    NY Sprinkler Co. Settles EEOC Race Bias Suit

    A New York fire sprinkler contractor has agreed to a six-figure settlement to resolve a U.S. Equal Employment Opportunity Commission suit alleging black and Hispanic workers were subjected to continual racial slurs and a manager using a ringtone that sounded like a gorilla.

  • April 25, 2019

    FilmOn, Exec Hit With $4.6M Verdict After Sex Case Outburst

    A California jury ordered FilmOn, Hologram USA and their founder Alki David to pay a combined $4.6 million and queued up possible punitive damages in an explosive sexual harassment and battery trial that saw the billionaire executive ordered out of the courtroom when he blew up at an opposing attorney.

  • April 25, 2019

    Indiana Hospital Escapes Ex-Worker's Disability, Sex Bias Suit

    An Indiana federal judge on Thursday let an Indiana hospital dodge a suit from the former clinical coordinator of its radiology program who claimed she was wrongly fired because she is a woman and because she had an autoimmune disease.  

  • April 25, 2019

    DOL Scores Quick Win In Ex-Budget Analyst's Bias Suit

    A Washington, D.C., federal judge on Thursday tossed a former U.S. Department of Labor budget official’s suit accusing the agency of firing her because of her race, age, sex or national origin, saying she wasn’t a bias victim, but rather a disgruntled demotee who phoned in her work.

  • April 25, 2019

    How Is The #MeToo Movement Affecting Organized Labor?

    The Harvard Graduate Students Union recently staked out ground at the vanguard of the labor movement when it put #MeToo-inspired demands front-and-center in its negotiations with the university. And though other unions have also made changes in response to #MeToo, many have been slower to react.

  • April 25, 2019

    Limo Co. Fights Uber's Bid To Exit Unfair Competition Suit

    A California limousine company told a federal judge Thursday that it has properly laid out class claims alleging Uber wrongly classified its drivers as independent contractors to gain a competitive edge, arguing its suit should remain in federal court.

  • April 25, 2019

    Dollar Tree Not Liable For Peeping Worker, Calif. Panel Says

    A California appeals court has affirmed the dismissal of a suit from several women accusing Dollar Tree of negligently hiring a man who filmed female customers and employees in a restroom, saying it could not have foreseen the employee's criminal conduct.

  • April 25, 2019

    SF Giants Guards' Wages Suit Sent Back To Trial Court

    A California state appeals court on Thursday sent a suit by a group of security guards for the San Francisco Giants back to trial court after the team had moved for arbitration, ruling the dispute hinges on an interpretation of state law, not provisions of the collective bargaining agreement.

  • April 25, 2019

    Kimberly-Clark Whistleblower Seeks Revival Of Axed FCA Suit

    A former Kimberly-Clark worker has urged a Georgia federal judge to revive his False Claims Act allegations the company lied to the government about its compliance with U.S. Food and Drug Administration regulations, saying the court wrongly found his claims were too close to those reported in the media.

  • April 25, 2019

    Oncology Co. Says Ch. 11 Plan Defeats Noncompete Suit

    A group of Florida oncologists should not be able to bring an antitrust suit over noncompete agreements with 21st Century Oncology, because the agreements were previously accepted during a bankruptcy case, the company told a New York bankruptcy court.

  • April 25, 2019

    Whistleblower Won't Get Atty-Client Docs In Debt Deal Suit

    Even though Roche Diagnostics Corp. turned over documents showing it consulted lawyers ahead of an allegedly illegal deal to get its diabetes medication back on Humana’s Medicare Advantage formulary, a whistleblower doesn't have a right to see privileged Roche communications, an Illinois federal judge said Wednesday.

  • April 25, 2019

    No Signature On Arbitration Pact? No Problem, Judge Says

    A former Compassus hospice nurse who claimed she was fired after taking medical leave for anxiety induced following a fight with management must pursue her claims in arbitration, not court, even though she didn't sign the company's arbitration agreement, a Pennsylvania federal judge has ruled.

Expert Analysis

  • OFCCP Case Changes The Game For Contractor Pay Audits

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    An administrative law judge's decision in Office of Federal Contract Compliance Programs v. Analogic rejected the theory of disparate impact that the OFCCP applied to sex-based pay discrimination and provides lessons on how contractors should respond to OFCCP pay system audits, say Soul Cherradi of BP, Dan Kuang of Biddle Consulting and attorneys at Bello Welsh.

  • Gov't Contractors, Be Prepared For FCA Parallel Proceedings

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    The continued sprawl of False Claims Act cases warrants scrutiny of one of the statute's less understood characteristics — one set of facts can lead to concurrent or successive proceedings initiated by a combination of criminal, civil or administrative authorities, as well as private plaintiffs, say attorneys at DLA Piper.

  • Illinois Courts Will Continue To Interpret BIPA Broadly

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    Against the backdrop of the Illinois Supreme Court's Biometric Information Privacy Act opinion in Rosenbach v. Six Flags, an Illinois appellate court's recent decision in Liu v. Four Seasons reinforces that companies must carefully design and implement stringent BIPA policies to protect against class actions and related liability, say attorneys with Eversheds Sutherland.

  • Rebuttal

    Jury Trials, Though In Decline, Are Well Worth Preserving

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    In a recent Law360 guest article, the author applauded the disappearance of jury trials as an inefficient, costly mechanism, but in doing so he overlooked the greater value of jury trials for our justice system, says Stephen Susman, executive director of the Civil Jury Project at NYU School of Law.

  • A Broader View Of The US Supreme Court Bar

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    During the past 15 years, three widely read articles bolstered by starstruck media have promulgated the incorrect perception — sorely in need of revision — that the U.S. Supreme Court bar is limited to a handful of elite lawyers, says Lawrence Ebner of Capital Appellate Advocacy.

  • The Potential Impact Of Reversing Chevron Deference

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    Some questions during U.S. Supreme oral arguments in Kisor v. Wilkie suggested a willingness to overturn Auer deference. If this leads to the scuttling of Chevron deference, rapidly evolving areas of law like labor and employment could benefit from a return to courts addressing ambiguities in federal statutes, says Michael Abcarian of Fisher Phillips.

  • Are Calif. Real Estate Agents Still Independent Contractors?

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    The California Supreme Court's Dynamex decision makes it very difficult for real estate brokerage firms to continue treating their agents as independent contractors, but there are some glimmers of hope for firms, say Mary Watson Fisher and Anna Greenstin Kudla of Walsworth.

  • Trade Secret Takeaways From 9th Circ. Beer Recipe Ruling

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    The Ninth Circuit's recent opinion in Anheuser-Busch v. Clark — concerning AB’s beer recipe and brewing process — underscores the importance of providing the court with ample evidence of an employer’s efforts to keep its trade secrets confidential in the face of an anti-SLAPP motion, says Dan Forman of Carothers DiSante.

  • Kickstarter's Unionizing Efforts May Signal New Trend In Tech

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    Historically, employee organizing efforts at tech companies have been limited to lower-paying positions, but Kickstarter employees' recently announced plans to unionize could signal a shift toward increased unionizing efforts by tech workers in higher-paid positions, says Candice Zee of Vedder Price.

  • New Chancery Guidance On Books And Records Law

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    The Delaware Court of Chancery’s recent decisions in Schnatter, Tempur-Sealy and CHC Investments further delineate the metes and bounds of a stockholder's right to obtain a company's books and records, say attorneys with Winston & Strawn.