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A U.S. Supreme Court ruling Wednesday narrowing the scope of anti-retaliation protections for corporate whistleblowers could lead to a significant increase in the number of complaints filed directly with the U.S. Securities and Exchange Commission, a result companies may find costly, legal experts said.
Less than six weeks after being hit with a $300 million gender discrimination class action, labor and employment law firm Ogletree Deakins Nash Smoak & Stewart PC was accused Wednesday in a California state suit of allowing one of its Los Angeles shareholders to sexually harass a married, gay, Latino attorney.
A woman who claimed auto auction company Manheim Remarketing paid her less because of her gender had her suit against the company revived by the Eleventh Circuit on Wednesday, with the court saying the case was not clear-cut and that a jury may have taken her side.
Baker McKenzie has engaged London-based international firm Simmons & Simmons to perform an independent inquiry into a years-old sexual assault complaint and the firm’s initial response to it, a spokesperson confirmed Wednesday.
The Sixth Circuit on Wednesday upheld a jury verdict that an in-house attorney for a municipal utility for Memphis, Tennessee, was discriminated against when she was denied a request to work from home while on bed rest due to pregnancy complications, and rejected pleas for a new trial.
In the wake of the scandal surrounding former Ninth Circuit Judge Alex Kozinski, the federal judiciary is tracking and releasing sexual harassment complaint data, the Administrative Office of the U.S. Courts announced on its website Wednesday.
A Manhattan federal judge on Wednesday asked Pryor Cashman LLP and a former associate claiming age discrimination after he was fired at 61 to craft reasonable discovery parameters after the 160-lawyer firm complained the plaintiff was trying to “hold us upside down and shake us by our feet” for information.
Morgan Lewis & Bockius LLP released the results of its independent investigation Tuesday that revealed NPR management and its in-house legal team hired and retained NPR news executive Michael Oreskes despite multiple “flags” regarding his inappropriate behavior toward women.
Hollywood producer Harvey Weinstein asked a New York federal judge Tuesday to cut him from a suit brought by actresses who say he sexually assaulted them, arguing the proposed class includes every woman he’s ever met, even big-name stars like Meryl Streep and Jennifer Lawrence, who have publicly defended him.
Nighttime talk show host Tavis Smiley accused PBS on Tuesday of using unsubstantiated workplace sexual harassment claims as a pretext for dropping his show from its lineup, saying in a Washington, D.C., lawsuit that the public broadcaster unfairly forced him out without a real investigation.
The Dallas Mavericks basketball team said Tuesday it has hired outside counsel to handle an investigation into widespread sexual harassment within its business operations allegedly perpetrated by former team president and CEO Terdema Ussery.
Defense Secretary James Mattis will deliver his recommendations regarding the service of transgender troops in the military to President Donald Trump this week, but the U.S. Department of Defense has no plans to publicly release those recommendations, it said Wednesday.
WAGE & HOUR
A New York federal judge on Wednesday trimmed claims in a proposed class action alleging Bed Bath & Beyond denied overtime payments through the use of the fluctuating workweek payment model, dropping claims from department managers while claims from assistant managers remain in the litigation.
A North Carolina magistrate judge on Tuesday recommended nixing Harris Teeter LLC’s bid to toss a Fair Labor Standards Act suit accusing the supermarket chain of failing to pay employees for driving to and from managers’ residences to deliver store keys before and after their shifts, saying such work deserved pay.
The Eighth Circuit ruled Wednesday that the National Labor Relations Board had enough evidence to hold that staffing agency Aerotek Inc. flouted labor law by not hiring or considering for hire four union members, but that it needed to “refashion” its proposed remedy for one of those members.
A First Circuit panel on Wednesday upheld a Massachusetts federal judge’s decision to grant Fidelity Management Trust Company an early win in a proposed class action that accused the company of violating Employee Retirement Income Security Act duties by mismanaging an employee benefit pension fund, saying the workers’ arguments make “little sense.”
The Massachusetts attorney general told a federal judge Tuesday that certain sections of a state law providing earned sick-time for employees aren’t preempted by the federal Railroad Unemployment Insurance Act and that enforcing them against railroads won’t interfere with interstate commerce.
A Connecticut-based energy consulting firm sued a former Boston sales associate who allegedly made off with handwritten lists of the company’s current clients and “hot prospects,” all so-called trade secrets, after his abrupt resignation last month.
Evelozcity Inc. urged a California federal court Tuesday to force rival electric vehicle company Faraday & Future Inc. to arbitrate its allegations that Faraday’s ex-CEO poached employees who exited with intellectual property, saying Faraday has “restyled” a breach of contract claim into trade-secret litigation against his new company.
The U.S. Supreme Court on Wednesday ruled in favor of a narrow definition of the term “whistleblower,” a decision that will significantly limit the scope of anti-retaliation measures meant to protect whistleblowers under the Dodd-Frank Act.
When a Florida federal judge nuked a $350 million False Claims Act verdict last month, the eye-popping reversal was announced in an opinion teeming with bare-knuckle prose — the sort of ruthless writing that has made the judge a local legal legend.
The Seventh Circuit on Tuesday affirmed the dismissal of a suit against the Chicago Stock Exchange by a compliance lawyer who claims he was fired after reporting possibly illegal behavior, saying he didn’t connect the dots between his firing, his internal report and his claimed Dodd-Frank protection.
An Illinois state appeals court on Tuesday revived a suit accusing Motorola Solutions Inc. of exposing workers in Arizona and Texas to toxic substances that purportedly caused their children’s birth defects and other health problems, saying the claims were properly alleged at this stage of the case.
Regional supermarket chain Tops Markets LLC opened a nearly $1.2 billion Chapter 11 restructuring in New York bankruptcy court on Wednesday, saying it needs to reduce its debt load, optimize supply and lease agreements and “constructively engage” with its labor unions.
Buchalter PC announced on Tuesday that the attorney who hit Ogletree Deakins Nash Smoak & Stewart PC with a $300 million gender bias class action has left that firm to join Buchalter’s labor and employment practice in its Orange County, California, office.
Justice Ruth Bader Ginsburg’s opinion in Digital Realty Trust v. Somers, which put a tight limit on anti-retaliation protections under the Dodd-Frank Act, emerged on Wednesday as the obverse of her 2014 opinion in Lawson, which applied the same literalist logic to broaden the whistleblower protections under Sarbanes-Oxley. The real-world impact of Somers is likely to be immediate and somewhat perverse, says Scott Oswald of The Employment Law Group PC.
While Waymo v. Uber was more high-profile than most cases, employers can and should learn lessons from it. Brian Arbetter of Norton Rose Fulbright discusses the current state of the law in the area of employee raiding and restrictive covenants and offers some best practices for employers to follow in order to fully protect their confidential information.
The Tax Cuts and Jobs Act significantly changed the federal taxation of fringe benefits. With the elimination or reduction of deductions for employers, elimination of employee exemptions and other changes, reform’s treatment of fringe benefits promises a ripple effect reaching many aspects of employee compensation, say attorneys at Morgan Lewis & Bockius LLP.
California workers have spent over a century carving out the rights to have fair working conditions, an eight-hour work day and to be paid a living wage. The gig economy largely seeks to circumvent these well-established laws, says Mike Arias of Arias Sanguinetti Wang & Torrijos LLP.
My uncle asked me to research some point of law. I left his office to collect my thoughts, then went back in and asked him a question or two. He looked up and gave me his six-word answer: “Do I look like a library?” He taught me that there are no shortcuts to doing your job, says Paul Hamburger of Proskauer Rose LLP.
The desire of large law firms to set up shop and grow in Dallas appears to have reached near-frenzy levels, with reports of new offices springing up, mergers being inked, and fierce competition in the lateral market replete with hefty paychecks.
After months of rumors and negotiations, the merger between Texas-based Andrews Kurth Kenyon LLP and Virginia’s Hunton & Williams LLP has been resoundingly approved by partner votes at both firms, and the union is on track to completion by the end of the quarter, the firms announced Wednesday.
The former Skadden Arps Slate Meagher & Flom LLP lawyer who pled guilty to lying to investigators Tuesday offered a peek into the evidence that special counsel Robert Mueller has developed, experts said, and sent a powerful warning to anyone who might lie to investigators.
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