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The U.S. Supreme Court cleared the way Monday for employers nationwide to require workers to sign away their right to pursue class actions in a blockbuster ruling that attorneys on both sides of the bar agree will translate to millions more workers being bound by class waivers. Here, Law360 looks at five key takeaways from the high court’s long-anticipated decision.
The U.S. Supreme Court ruled Monday that employment agreements forcing workers to sign away their rights to pursue class action claims are legal, rejecting the National Labor Relations Board’s position that class waivers violate federal labor law.
Months after the resignation of Ninth Circuit Judge Alex Kozinski following allegations of sexual harassment, the appellate circuit on which he sat rolled out a series of policy changes aimed at preventing workplace harassment for court employees, according to a statement Monday.
A California judge on Monday tentatively ruled a Lewis Brisbois Bisgaard & Smith LLP partner must arbitrate his suit alleging he was sexually harassed by a shareholder at his former firm, Ogletree Deakins Nash Smoak & Stewart PC, saying Ogletree’s arbitration agreement holds up even if the suing attorney never signed it.
A former Uber programmer sued the ride-hailing giant in California state court Monday alleging she was subject to such severe sexual harassment and retaliation that she was hospitalized, in a filing that comes days after the company pledged not to send sexual misconduct-based suits to arbitration.
The New York City Fire Department unfairly denies officer jobs to nonwhite and female emergency medical services workers through a “highly subjective” promotional process that leaves decisions up to their mostly white and male superiors, an emergency medical services union alleges in a proposed class action filed Monday in New York federal court.
A former ESPN legal analyst Friday asked a Connecticut federal court to reject the network’s attempt to exclude allegations of past sexual harassment of other female employees from her own sexual harassment suit, saying they establish the company has a long-standing hostile work environment.
WAGE & HOUR
Exotic dancers did not demonstrate several of the companies that allegedly failed to pay them proper wages under the Fair Labor Standards Act were actually their employers or prove the dancers should not be classified as independent contractors, a Wisconsin federal judge ruled Monday.
A National Labor Relations Board judge has rejected charges that a Maryland pizzeria violated federal labor law by firing a worker who insulted his boss at a meeting, saying the worker was just voicing personal gripes rather than fighting for better work terms.
Menard Inc. hit the National Labor Relations Board with a lawsuit in Wisconsin federal court alleging it is exceeding its statutory authority by bringing a retaliation complaint on behalf of the head of a delivery services company, despite an NLRB judge’s previous finding that the company and others like it were independent contractors.
The Electronic Privacy Information Center and dozens of experts are backing a bid to revive multidistrict litigation over a 2015 data breach at the U.S. Office of Personnel Management, telling the D.C. Circuit that the Constitution and recent case law support the ability of plaintiffs to sue federal agencies for failing to protect sensitive data.
A Massachusetts semiconductor maker on Monday sued a Bay State competitor, claiming three former employees who had jumped ship brought with them trade secrets that have led to two different patents being infringed.
A California federal judge on Monday said she’s unlikely to grant drugmaker Collidion Inc.’s bid to trim rival Sonoma Pharmaceuticals Inc.’s trade secrets suit, saying the claims probably aren’t time-barred and that it’s too soon to say whether Sonoma was injured by the alleged theft.
The U.S. Supreme Court on Monday rejected a bid to revisit a decision tossing a whistleblower’s False Claims Act case that had accused Solvay Pharmaceuticals of inducing false Medicaid claims through alleged off-label marketing and kickback schemes for three of its drugs.
Aveta Inc. and its affiliates asked a Puerto Rico federal court Monday to sanction a whistleblower and strike his allegedly dishonest testimony in a False Claims Act suit accusing the health-care company’s Medicare Advantage plans of collecting $1 billion in government overpayments.
A cellphone tower technician has reached a $30 million settlement in a case against AT&T over a 50-foot fall he took from a Pennsylvania tower he says did not have proper safety features, his attorneys announced Monday.
The U.S. Supreme Court on Monday declined to hear an appeal of an en banc Fifth Circuit ruling that allowed a contractor and its insurer to escape indemnity for an offshore gas well accident on the grounds Louisiana state law and not maritime law applied.
The long-running bankruptcy case of trucking firm Jevic Holding Corp. will convert to a Chapter 7 liquidation after a Delaware judge denied approval Monday of the latest proposed settlement floated by the company and its creditors to dismiss the case.
Cohen Seglias Pallas Greenhall & Furman PC unveiled a new presence in New Jersey on Monday with two additions — a managing partner who practices employment law and a partner with a nearly four-decade career focusing on the construction industry.
With Justice Neil Gorsuch’s majority opinion Monday in Epic Systems v. Lewis, the U.S. Supreme Court revives a toxic idea that was common before the New Deal: the fiction that an individual employee’s waiver of rights in an employment agreement is a voluntary tradeoff — not an illegal power grab by the employer at its time of maximum leverage, says Scott Oswald of The Employment Law Group PC.
The California Supreme Court’s recent opinion in Dynamex Operations West v. Superior Court of Los Angeles County sent shock waves through the entire transportation industry, which has traditionally relied on independent contractors. However, specifically for trucking companies that operate in the Golden State, Dynamex raises a litany of compliance concerns, says Bradford Hughes of Clark Hill PLC.
The current business climate has produced vast opportunities for seasoned lawyers to create valuable connections with millennial business owners, but first lawyers must cleanse their palate of misconceptions regarding millennials, says Yaima Seigley of Isaac Wiles Burkholder & Teetor LLC.
Law offices adopted cloud-based solutions in greater numbers last year, but for the most part, smaller firms are leading the charge, with BigLaw’s relative slowness attributable to a reluctance to abandon large IT infrastructures already in place and lingering concerns about security and cost.
Ten years after the Great Recession sent the legal industry reeling, the majority of law firms have stabilized, but by focusing more on survival than on innovation, firms have left themselves open to newer, less obvious threats to this tentative status quo, a new report says.
Tarra Simmons had the sort of resume that might seem like she could sail through the bar application process, but her application was nearly denied because she also has a criminal record. Different states have a range of views on admitting attorneys with criminal records, and thanks to a lack of data and lack of transparency, such applicants can face an uncertain path forward. It’s an issue that’s getting increasing attention and leading some to seek reforms.
Only 27.3 percent of attorney hopefuls who took the California bar exam earlier this year passed, a record low, according to data released Friday by the State Bar of California.
Dave Yawman didn’t give much thought to becoming the general counsel at PepsiCo, where he has worked for nearly 20 years, until the day after he was asked to fill the position in November. Here, he discusses the changes at the global food and beverage corporation during his tenure and the way discontent can lead to success.
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