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The Ninth Circuit’s decision Monday that employers cannot use workers’ salary histories to excuse paying women less than men sent a clear signal that businesses with pay gaps between the sexes may be inviting legal jeopardy, but the blockbuster ruling included a seeming contradiction that left experts scratching their heads.
Responding to pointed questions from the Senate’s labor committee on whether Title VII bars employers from discriminating against LGBT workers, U.S. Equal Employment Opportunity Commission general counsel nominee Sharon Fast Gustafson said during her confirmation hearing Tuesday that she would defend the commission’s position regardless of what it may be.
California Chief Justice Tani Cantil-Sakauye said Tuesday she wants state courts to disclose the names of all judicial officers who enter settlements to resolve sexual harassment or sexual discrimination complaints, calling for an expedited change to court rules on public records.
A former member of the city of Chicago’s aviation police who dragged a passenger off a United Airlines flight in an incident that grabbed national headlines last year is suing the airline and the city in Illinois state court, saying he was improperly trained to deal with unruly passengers.
The U.S. Department of Justice announced a settlement in early April with a pair of rail equipment companies accused of agreeing not to hire away each other’s employees, but the case was brought as a civil matter despite warnings from agency leadership that no-poach agreements could be prosecuted criminally. Here, Law360 looks at what to make of the latest antitrust employment case and what it says about the agency’s policy.
Facing questions Tuesday from a California federal judge on the size of Uber’s $10 million settlement with hundreds of female and minority software engineers alleging discriminatory pay practices, an attorney for the coders argued that the deal was good, since discrimination at Uber did not turn out to be as “giant” as his firm originally expected.
An Illinois federal judge won’t allow an electrical equipment company to escape a U.S. Equal Employment Opportunity Commission suit alleging a worker was fired for refusing to retire after returning from medical leave, calling the claim he wasn’t protected by the Americans with Disabilities Act “nonsense.”
WAGE & HOUR
A group of minor league players told the Ninth Circuit on Monday that a brand-new federal wage law exemption is not retroactive and would not impact an already-granted collective certification in a wage suit.
The Massachusetts Nurses Association on Tuesday asked a federal judge to toss a suit by a Pittsfield, Massachusetts, hospital seeking to block a one-day strike, arguing the strike was not going to be caused by any disputes the MNA had agreed to arbitrate.
An attorney for the University of Pittsburgh Medical Center faced tough questions from members of Pennsylvania’s highest court on Tuesday over whether the health care giant should face potential liability in a putative class action brought on behalf of workers who saw their personal information stolen in a data breach.
Twentieth Century Fox and Netflix took their dispute over the latter’s alleged poaching of Fox executives to a California appeals court Tuesday, with Fox telling judges that a lower court should have thrown out Netflix’s counterclaims that Fox’s employment agreements are illegal and unfair.
Par Pharmaceutical Inc. shouldn’t have to post a $102 million bond in its suit accusing QuVa Pharma Inc. of stealing trade secrets, as the amount is “egregiously excessive” and QuVa hasn’t backed up its number with evidence, Par told a New Jersey federal court Monday.
Jackson Lewis PC has bolstered its Indianapolis office by luring two long-time labor and employment lawyers from Ogletree Deakins Nash Smoak & Stewart PC, the firm announced Monday.
Littler Mendelson PC has announced the return of two former shareholders to its Chicago office with experience in class actions, discrimination claims and employee benefits compliance, the latest of several hiring moves reported by the firm in April.
Wage and hour cases typically rise and fall on the existence and quality of a defendant’s time and pay records. However, in Domingo Castillo Marcelino v. 374 Food, despite the lack of written records of the plaintiff’s hours, a New York federal judge recently determined the plaintiff’s perjury was a decisive factor, says Valerie Ferrier of FordHarrison LLP.
A Massachusetts federal court’s ruling in U.S. v. Massachusetts General Hospital highlights courts’ continued skepticism about using statistics and other evidence to establish liability under the False Claims Act. The decision is particularly important since it comes from a jurisdiction where the FCA’s pleading standards are relaxed, say attorneys with Sheppard Mullin Richter & Hampton LLP.
I am often asked, “When there are one or more partner departures, what can a firm do to prevent this from escalating to a catastrophic level?” The short answer is “nothing.” Law firms need to adopt culture-strengthening lifestyles to prevent defections from occurring in the first place, says Larry Richard of LawyerBrain LLC.
While the legal profession has trailed other fields in its adoption of artificial intelligence tools, that is certain to change within the next few years and the implications for both legal departments and law firms will be profound, a panel of experts told legal marketers at a conference in New Orleans on Tuesday.
President Donald Trump announced his latest wave of judicial nominees Tuesday, choosing a lawyer with Buchanan Ingersoll & Rooney PC for the Third Circuit, a Georgia Supreme Court judge for the 11th Circuit and a partner at Covington & Burling LLP to the U.S. Tax Court.
The career of onetime Third Circuit judicial clerk Paul B. Matey, who has since made his mark on New Jersey’s legal scene as former Gov. Chris Christie’s counsel and a hospital executive, is coming full circle with his nomination to the federal appellate bench Tuesday.
Detroit’s Clark Hill, with its more than 450 attorneys and 17 offices, and Texas-based Strasburger & Price, which has nearly 200 attorneys across nine offices, will officially merge on Wednesday, the firms announced Tuesday.
The Senate confirmed President Donald Trump’s nominee for a dual post to two Kentucky judicial districts on Tuesday, marking the 29th judge to be confirmed since the start of his presidency.
The world of legal technology is quickly evolving, with new products coming to market in rapid succession. Here, Law360 takes a look at eight recent developments.
The federal judiciary’s Advisory Committee on Civil Rules on Tuesday approved rule changes designed to quell discovery disputes and time-wasting over depositions of corporate representatives.
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