Employment

  • August 20, 2019

    Dallas PE Fund Scores $4.1M From Insurer In Texas Appeal

    A Texas appellate court awarded private equity fund Prophet Equity $4.1 million from an insurer on Monday and reversed the insurer's win in a dispute over whether it was required to pay to defend the fund in a fight with a former employee.

  • August 19, 2019

    FilmOn Exec Made Office View 'Disgusting' Porn, Jury Told

    A former FilmOn employee told a California state jury Monday that billionaire owner Alki David repeatedly groped her, forced her to watch "disgusting" fetish pornography, carried her upside down by her ankles through the office while her underwear was exposed, and once even tied her to a chair.

  • August 19, 2019

    WGA Takes Antitrust War With Talent Agencies Federal

    The Writers Guild of America will wage its legal battle against several major talent agencies in federal court, dropping a state-level suit and filing counterclaims on Monday in federal suits brought by the talent shops over the contested practice of agents collecting payments from pairing TV writers with studios.

  • August 19, 2019

    Ex-Morgan Stanley Worker Can't Duck Arbitration: 7th Circ.

    A former Morgan Stanley financial adviser must take his discrimination claims against the investment bank to arbitration, the Seventh Circuit ruled Monday, finding he's still beholden to an arbitration agreement that changed after his hiring, even though he purportedly didn’t see the email announcing the changes.

  • August 19, 2019

    Risky Amazon Warehouse Rack Work Hurt 2 On Job, Jury Told

    Two ironworkers who say they suffered career-ending injuries when an uncertified forklift driver caused a massive storage rack to fall on them as they worked on a behind-schedule Amazon warehouse project with inadequate supervision asked an Illinois federal jury Monday to hold Amazon and others responsible.

  • August 19, 2019

    US Soccer Women's Pay Equity Suit Poised For May 2020 Trial

    The U.S. Soccer Federation and its world champion women’s national team will duke it out over pay equity in a trial slated for May 2020, a spokesperson for the players said Monday.

  • August 19, 2019

    Dominion Energy To Pay $3.8M To End Overtime Dispute

    Dominion Energy Inc. has agreed to pay $3.8 million to end claims it cheated workers out of overtime wages in violation of the Fair Labor Standards Act, reaching a proposed settlement agreement in Virginia federal court that would allow hundreds of employees to recoup thousands in lost wages.

  • August 19, 2019

    IAM's Union Bias Case Against Boeing Cleared For Takeoff

    The National Labor Relations Board's general counsel is poised to file a complaint alleging Boeing fired a handful of jet mechanics for supporting the International Association of Machinists and Aerospace Workers amid a bitter South Carolina organizing battle, the union announced Monday.

  • August 19, 2019

    Doormaker's Trade Secret Claims Shut Out By Antitrust Case

    Door part supplier Jeld-Wen can't bring trade secret claims against a rival in Texas state court, a Virginia federal judge has ruled, finding the allegations have already been hashed out in his own court amid the drawn-out antitrust battle waged by Jeld-Wen's competitor.

  • August 19, 2019

    Seeger Swats Away NFL Concussion Fee Objection Again

    Seeger Weiss LLP fired back on Monday against an objection to its latest $1.7 million fee request in the NFL concussion settlement, the most recent move in a pattern that's taken on an almost ritualistic quality as it's continued to repeat itself since the deal went into effect.

  • August 19, 2019

    CBP Says Former Employee Can't Sue Under ADA

    U.S. Customs and Border Protection on Monday asked a California federal judge to toss a former employee's suit accusing the agency of forcing him to quit while he was battling prostate cancer, claiming the government cannot be held liable under the Americans with Disabilities Act.

  • August 19, 2019

    EEOC Nets $600K From Bias Suit Deals With Walmart, Others

    Wal-Mart Stores will cough up $100,000 to end a U.S. Equal Employment Opportunity Commission disability discrimination suit, the EEOC said Monday, marking the latest settlement announcement in a week that has seen the workplace bias watchdog bring in more than $600,000.

  • August 19, 2019

    Ex-LA Times Columnist Wins $15M In Age, Disability Suit

    Former Los Angeles Times sports columnist T.J. Simers was awarded more than $15 million by a Los Angeles jury Monday in a second trial over claims that he was discriminated against based on his age and disability.

  • August 19, 2019

    Jackson Lewis Lures Ogletree Vet To Head New NC Office

    Jackson Lewis PC announced on Monday it has launched a new office in Charlotte, North Carolina, and that it has lured a litigator from Ogletree Deakins Nash Smoak & Stewart PC with 30 years of experience in employment law to head it.

  • August 19, 2019

    Wis. Medicaid Must Cover Gender Reassignment, Judge Rules

    A Wisconsin federal judge has barred state health officials from excluding gender reassignment surgery and related procedures from coverage under the state’s Medicaid program, handing a win to a class of transgender residents.

  • August 19, 2019

    Ga. Defense Co. Strikes $2.4M Deal To Resolve FCA Claims

    A Georgia-based defense contractor has agreed to fork over up to $2.4 million to resolve a whistleblower's allegations that it sold defective battery systems to U.S. military bases, the federal government said Monday.

  • August 19, 2019

    NCAA Asks 9th Circ. To Undo Student-Athletes' Win

    The NCAA urged the Ninth Circuit Friday to reverse a lower court decision lifting restrictions on what colleges can pay their players, arguing that the ruling would eliminate the distinction between college and professional sports.

  • August 19, 2019

    Airline Group Presses Bid To Invalidate Wash. Sick Leave Law

    The lead lobbying group for the nation's largest airlines has told a federal court that Washington state cannot enforce its paid sick leave law on an industry regulated by the federal government, insisting the state law upends interstate commerce.

  • August 19, 2019

    States Slam DOL Over 'Arbitrary' Injury Reporting Rollback

    Six states challenging the U.S. Department of Labor’s move to roll back rules requiring large employers to submit electronic reports of workplace injuries have told a D.C. federal court that revoking the regulation is “substantively arbitrary and capricious” and that the government is exaggerating the workplace privacy concerns.

  • August 19, 2019

    XPO Unit Strikes $5.5M Deal To End Drivers' OT, Break Suit

    An XPO Logistics unit has agreed to pay $5.5 million to resolve claims the shipping giant violated California labor laws by failing to provide proper wages, meal and rest breaks for drivers under contract with carrier service companies.

  • August 19, 2019

    2nd Circ. Shuts Down Ex-AutoZone Worker's Sex Bias Suit

    The Second Circuit on Monday closed the book on a former AutoZone employee’s suit alleging she was fired for complaining about sex discrimination, agreeing with a trial court that a vulgar comment she directed at a colleague justified her termination.

  • August 19, 2019

    Lumber Liquidators Can't Chop Down OT Collective Action

    A Brooklyn federal judge on Monday upheld the conditional certification of a nationwide collective action alleging Lumber Liquidators unfairly denied its managers overtime, rejecting the retailer’s claims the court only has the power to decide New Yorkers’ claims.

  • August 16, 2019

    Don't Halt Google Workplace Misconduct Suit, Chancery Told

    The investor who filed a derivative suit against the board for Google's parent company for alleged workplace harassment and other failings by officers told the Delaware Chancery Court on Friday it should reject a second bid to halt the case that came just weeks after the court denied the first.

  • August 16, 2019

    Feds Urge Justices Not To Expand 'Sex' In Trans Bias Case

    The Trump administration told the U.S. Supreme Court on Friday that Title VII's ban on sex discrimination shouldn't be stretched to include gender identity, marking its latest break with the U.S. Equal Employment Opportunity Commission's position that the law protects both gay and transgender workers.

  • August 16, 2019

    FilmOn Exec Escorted From Court Over Continued Outbursts

    As jury selection dragged through a fourth day Friday, the California state judge overseeing the sexual harassment case against FilmOn founder Alki David again threatened the billionaire with criminal contempt after another outburst toward his accuser's attorney Lisa Bloom resulted in the bailiff escorting him from the courtroom.

Expert Analysis

  • ADP Cases Show Pitfalls Of One-Size-Fits-All Noncompetes

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    A New Jersey appellate court's recent opinion in six noncompete cases filed by ADP illustrates the challenges in adopting a successful multijurisdictional restrictive covenant program, but employers can avoid many of these problems with careful planning, say Henry Perlowski and Edward Cadagin at Arnall Golden.

  • Questions After IRS Guidance On Uncashed 401(k) Checks

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    A recent revenue ruling provided helpful guidance on the tax treatment of uncashed 401(k) distribution checks, but did not clarify how plan administrators should handle the nettlesome administrative issues arising when uncashed required minimum distribution checks involve missing plan participants, says Daniel Morgan at Blank Rome.

  • Crisis Messaging To Protect Law Firm Brand And Bottom Line

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    When crises occur, such as data security incidents or gender bias suits, a well-prepared law firm has a thoroughly tested communications plan at the ready, which ensures the firm is the most proactive news source, prevents the crisis from escalating and notifies stakeholders about mitigation efforts, says Zach Olsen at Infinite Global.

  • Unpacking The OFCCP's Proposed Audit Compliance Letters

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    If implemented, the new compliance review scheduling letters proposed by the Office of Federal Contract Compliance Programs will demand more detailed data at the commencement of an audit than ever sought before, say attorneys at Jackson Lewis.

  • When A Click Doesn't Count As Arbitration Acceptance

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    The Eighth Circuit's recent denial of an employer’s request to force arbitration in Shockley v. PrimeLending teaches employers important lessons about how courts will interpret concepts like “agreements” when the employer’s personnel documents are electronically stored and contain automated acceptances, says Michele Brott at Davis Brown.

  • Perspectives

    What You Should Know About Courtroom Closures

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    At attorney Greg Craig’s trial in D.C. federal court this week, the courtroom was cleared so prospective jurors could answer sensitive questions. Even seasoned litigators were left wondering about the nature of this subtle, yet significant, issue involving Sixth Amendment public trial rights, says Luke Cass at Quarles & Brady.

  • 8 Proactive Steps To Avoid Workplace Age Bias Claims

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    As demonstrated by Google's recent $11 million settlement to resolve an age discrimination class action, employers must combat age discrimination with a multifaceted approach that includes cooperation from all members of management, say Charlene Gedeus and Michael Truncellito at Buchanan Ingersoll.

  • Spacey Case Points To Cos.' Need To Preserve Devices, Data

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    Criminal and civil proceedings against actor Kevin Spacey related to sexual assault allegations were recently dropped after the alleged victim’s mobile phone vanished. The lesson for companies is that employees’ use of personal devices and messaging apps for business purposes comes with legal risks, say Matt Horvitz and Nordo Nissi of Goulston & Storrs.

  • FLSA Overtime Deal Highlights Worker Classification Priorities

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    A Panera Bread franchisee's recently approved $4.6 million settlement involving overtime claims under the Fair Labor Standards Act serves as a cautionary employee classification tale, reminding employers to review overtime-exempt managers’ duties in order to ensure their status under the FLSA is not at risk, says Kate Dewberry at Poyner Spruill.

  • Series

    Why I Became A Lawyer: A Seaweed Scientist's Odyssey

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    In the early 1980s, I was working on my Ph.D. in marine biology and ecology. As part of an international team of scientists studying oil spill impacts on marine ecosystems, I saw a niche opportunity to combine science and law, says Andrew Davis of Shipman & Goodwin.

  • Practical Takeaways From 7th Circ. Disability Bias Decision

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    The Seventh Circuit’s recent Americans with Disabilities Act decision in Graham v. Arctic Zone provides employer-friendly clarification on commonly encountered elements in disparate treatment cases and reminds employers of the value and practical significance of several time-tested employee relations tenets, says Jan Michelsen at Ogletree.

  • How To Counter Jury Reliance On Plaintiff's Damages Ask

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    Years of interviewing jurors and observing deliberation show that the amount juries award in damages is almost always influenced by the amount of the plaintiff's demand, but there are three ways defense counsel can combat this anchoring effect, says Christina Marinakis at Litigation Insights.

  • 5 Ways To Prep For NY's Sex Harassment Training Rules

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    As New York organizations consider how best to meet the state's new employee sexual harassment training requirements, Andrew Rawson at Traliant explains several essential actions employers should take ahead of the Oct. 9 training deadline.

  • Employers Must Approach ADA Obesity Issues Cautiously

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    With its recent opinion in Richardson v. Chicago Transit Authority, the Seventh Circuit is the fourth federal appeals court to hold that obesity, by itself, is not a physical impairment under the Americans with Disabilities Act. But other jurisdictions have reached the opposite conclusion, and this issue remains unsettled in others, says Norm Finkel at SFNR.

  • Opinion

    Clients Benefit From Law Firm Expense Growth

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    Although there continue to be corporate clients who are seduced by the idea that cheapest is always best when it comes to outside counsel, there are many negative implications on service delivery that result from myopically focusing only on cost reduction at the expense of quality and innovation, says Keith Maziarek at Katten Muchin.