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Although a newly announced U.S. Department of Labor self-audit program is winning plaudits from employers for giving companies a path to stave off litigation by voluntarily reporting Fair Labor Standards Act violations, experts say that numerous questions, like whether employees’ participation would abrogate potential state law claims, remain unanswered.
The Sixth Circuit issued a published decision Wednesday reviving a U.S. Equal Employment Opportunity Commission suit accusing a Michigan funeral home operator of violating federal anti-discrimination law by firing its funeral director after she said she would transition from male to female, holding that the company wasn’t protected by the Religious Freedom Restoration Act.
Two congresswomen proposed a bill Wednesday that would block businesses from redistributing tipped workers’ tips without their permission, a day after Labor Secretary Alex Acosta told them he would support a measure that stopped employers from keeping their workers’ tips.
Mayer Brown LLP confirmed on Wednesday that it has parted ways with a New York-based capital markets partner — 10 days after announcing it had hired him — following allegations that the partner engaged in “inappropriate conduct” at his previous firm.
Nearly half of the outside counsel who responded to a recent survey said they are concerned employers aren’t taking sexual harassment training, prevention and response “seriously enough” in the workplace, according to data released on Wednesday.
A California federal judge on Wednesday handed down a 2 1/2-year prison sentence to a former Akin Gump Strauss Hauer & Feld LLP partner who was arrested last year in a wig-and-sunglasses disguise while trying to sell a sealed government complaint to a cybersecurity company being investigated by the U.S. Department of Justice.
A Brooklyn federal judge on Wednesday released Allied Van Lines Inc. from claims by two former workers who accuse the mover of aiding its local New York affiliate in unlawfully firing them because of their past convictions for sex offenses.
A health care sales executive urged the Eighth Circuit on Wednesday to hold that sexual orientation is protected by Title VII and, in turn, revive his claims that Midwest Geriatric Management LLC discriminated against him by rescinding a job offer he had accepted after the company learned he was gay.
A Massachusetts federal judge Wednesday denied commercial real estate company Cushman & Wakefield’s request for a new trial or a reversal of a jury’s finding — and $1.28 million award — that it fired an employee based on his age, saying the evidence at trial was sufficient.
A Florida state appeals court ruled Wednesday that a supervisor’s one-time sexual advance can meet requirements to pursue a retaliation claim under Florida law, in a ruling that called for a new trial in a police dispatcher’s suit claiming a local police chief lashed out after she declined his advances.
Wynn Resorts and its board of directors ignored and later covered up allegations of sexual misconduct against former CEO Steve Wynn, the state of Oregon said Tuesday, telling a Nevada state judge the hotel giant breached its fiduciary duty to shareholders and put the company’s gambling operations at serious risk.
The U.S. Equal Employment Opportunity Commission slapped a North Carolina rehabilitation and nursing center with a sex discrimination lawsuit in federal court Wednesday, alleging the center fired two certified nursing assistants instead of accommodating their pregnancies.
WAGE & HOUR
A New Jersey federal judge on Tuesday rejected Santander Bank NA’s bid to toss a putative collective and class action alleging it coerced branch operations managers into not reporting extra hours worked despite their being entitled to overtime pay, saying the lawsuit sufficiently pled a claim for class certification.
A California judge on Wednesday advised counsel for Carl’s Jr. managers and Carl Karcher Enterprises LLC to invite antitrust scholars to weigh in on a case accusing CKE of unlawfully preventing managers from heading to other franchises, saying the case raises novel questions of California law.
The National Labor Relations Board’s general counsel should move forward with a yearslong case over whether McDonald’s USA LLC and its franchisees are jointly liable for alleged labor law violations, a group of Democratic senators wrote in a letter Wednesday.
A Pennsylvania federal judge awarded $3.1 million in damages to NASA supplier Advanced Fluid Systems Inc. on Tuesday on claims that a former employee stole designs and usurped a contracting opportunity for hydraulic systems at a government-run rocket launch facility.
A New York federal judge has dismissed a suit by a former employee of global energy company Mercuria Energy Trading seeking a $32.6 million payment for shares he owned in a Mercuria affiliate, saying the employee’s payout was tied to a merger that never happened.
A University of Pittsburgh Medical Center hospital and a regional cardiology practice have agreed in Pennsylvania federal court to pay close to $21 million to end allegations that they orchestrated a kickback scheme for patient referrals, the U.S. Department of Justice announced Wednesday.
Massachusetts General Hospital told a federal judge Wednesday that a former anesthesiologist’s False Claims Act suit claiming it double-booked surgeries should be tossed because the whistleblower can’t prove the government had been charged for any of those procedures, an argument that drew some skepticism from the judge.
After a six-day trial CSX Transportation Inc. has shed what Philadelphia jurors determined were too-late claims from a brakeman who worked for the railway’s predecessors and alleged that on-the-job exposure to toxic substances caused his kidney cancer.
Accounting firm Crowe Horwath LLP will pay $2.1 million to settle a bankruptcy trustee’s claims over its auditing work for human resources contractor Corporate Resource Services Inc., according to papers filed in New York bankruptcy court on Tuesday.
The #MeToo movement continues to gain momentum, but before a wave of litigation can ensue, the federal government and the U.S. Supreme Court will need to revisit the question of arbitration clauses in employment contracts. Even then, there will still be hurdles to establishing class claims for sexual harassment, say Daniel Messeloff and Emily Knight of Tucker Ellis LLP.
In this highly litigious society, many are asking why sexual harassment cases languish, are not reported or not challenged through normal legal channels. The answers to these questions are complicated, but one significant factor is that the adversarial legal system is ill-equipped to address the complex issues these cases raise, says Deanell Reece Tacha, a mediator and arbitrator at JAMS and former judge for the Tenth Circuit.
The school shooting in Florida last month led masses of students and other Americans to organize protests calling for stricter gun laws and boycotts against companies over their relationships with the National Rifle Association — and some businesses and their in-house legal advisers may be left weighing the pros and cons of joining the growing crackdown of gun sales.
It is often difficult to determine the proper actions to take ethically, legally and personally if a fellow lawyer, even a superior such as a powerful partner, is dealing with a cognitive impairment like Alzheimer’s Disease.
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