| TOP NEWS
Employers win far more discrimination cases than workers, but that trend gets turned upside down when the plaintiff is the U.S. Equal Employment Opportunity Commission, according to new federal employment case data from legal analytics firm Lex Machina.
The New York skydiving company at the center of a suit that earlier this year saw the en banc Second Circuit extend federal discrimination protections to gay workers has asked the U.S. Supreme Court to review the decision, arguing the appeals court wrongly usurped Congress’ lawmaking authority.
In its first week on the books, the U.S. Supreme Court’s landmark Epic Systems decision has already begun affecting numerous cases nationwide, including being cited in a wage suit involving thousands of Chipotle workers and by Morgan Stanley to bolster its effort to oust several financial advisors from a race bias class action.
Quinn Emanuel Urquhart & Sullivan LLP engaged in an ethically dubious gambit when it allegedly attempted to prevent a group of defecting partners from poaching associates by threatening to enforce an unenforceable clause in their contract, experts said.
The U.S. Equal Employment Opportunity Commission on Wednesday said that three related Hawaiian tour companies have a deal to settle a federal lawsuit brought over allegations that a male executive sexually harassed male employees.
A Texas federal judge has denied certification to a proposed class of servers, prep cooks and dishwashers alleging Methodist Hospitals of Dallas discriminated against them on the basis of race, finding the class of staffing firm employees “too speculative” to be certified.
The Second Circuit refused Wednesday to revive a lawsuit accusing the University of Rochester of racially discriminating against an employee fired for allegedly harassing co-workers, finding the school was within its rights to cite the worker’s history of bad behavior in support of axing him.
The former president and CEO of a Texas chapter of Meals on Wheels Ministry Inc. has filed suit in federal court alleging the nonprofit organization wrongfully fired him days after he filed for medical leave because of serious health problems related to his diabetes.
The federal government on Tuesday urged the Ninth Circuit to lift an injunction against President Donald Trump’s policy barring many transgender individuals from military service, saying the policy is constitutional as a military decision and a district court had not properly assessed the issue before granting the injunction.
An Army National Guardsman sued the U.S. Department of Defense in Virginia federal court Wednesday claiming that policies that variously exclude or limit the military service of HIV-positive people, which have denied him a military lawyer position and may cost him his place in the military altogether, are unconstitutional.
WAGE & HOUR
Credit Suisse Securities asked a California federal judge Wednesday to toss a proposed class action alleging it owes workers up to $300 million in deferred compensation, arguing the financial adviser suing repeatedly signed an arbitration agreement that’s binding under the U.S. Supreme Court’s recent Epic decision.
A New Jersey federal judge on Wednesday released the officers of a construction company from a putative class action alleging Superstorm Sandy contractors didn’t pay prevailing wages to workers on a beach rebuilding project, ruling that the executives couldn’t lawfully be held individually liable.
Sens. Bernie Sanders, I-Vt.; Elizabeth Warren, D-Mass.; and Kirsten Gillibrand, D-N.Y., expressed their concern Wednesday to National Labor Relations Board Chairman John Ring that the agency is looking to avoid ethical restrictions on board members by using the regulatory process to overturn the board’s controversial 2015 Browning-Ferris joint-employment decision.
A proposed class of Uber riders on Tuesday urged a California federal judge not to send to arbitration part of their suit alleging the company employs lax background checks that put riders in danger of sexual assault, arguing their claims belong in court because they seek fixes to policies that harm the public.
The Third Circuit revived a suit brought by banana plantation workers pursuing pesticide injury claims against Dow Chemical Co., Del Monte Fresh Produce NA Inc. and other companies in the wake of a recent Delaware Supreme Court finding that the workers’ claims are not time-barred.
Littler Mendelson PC announced that it has added a new Occupational Safety and Health Administration specialist to its ranks in California, saying she has come to the firm from Jackson Lewis PC.
When was the last time your business reviewed its employee confidentiality agreements? Updating the agreement will greatly reduce your risk of being embroiled in a lengthy, expensive court battle with an employee who departs with your company’s confidential information, says Dylan Wiseman of Buchalter PC.
In Oliveira v. New Prime, the U.S. Supreme Court faces the question of whether a trucking company can enforce an arbitration clause in its independent contractor agreement with its driver. The repercussions of a decision limiting the binding effects of arbitration clauses would be felt throughout the trucking industry, says Robert Campobasso of Wilson Elser Moskowitz Edelman & Dicker LLP.
The California Supreme Court’s recent ruling in Dynamex Operations West v. Superior Court of Los Angeles County has brought California in line with other states that rely on a so-called ABC test to determine whether a worker is an employee or independent contractor. Elizabeth Arnold of Berkeley Research Group LLC offers strategies to systematically evaluate factor A of the test and the concept of control.
Weil Gotshal & Manges LLP on Wednesday said it will shorten the length of time it takes associates to reach the rank of partner or counsel in a renewed effort to keep high-quality talent at the firm.
Reed Smith LLP on Wednesday unveiled a new internal, multifaceted initiative aimed at preparing the firm’s greenest lawyers to move up the ranks and take on more responsibility at the firm.
California Attorney General Xavier Becerra is constitutionally ineligible to hold the office of attorney general and should be dropped from the November 2018 ballot, according to a lawsuit filed Tuesday in Sacramento state court by a Republican challenger.
A special master appointed in a billing probe found misconduct on the part of the attorneys who led a $300 million class action settlement with State Street Corp. and recommended that a significant chunk of a $75 million fee award be returned, according to details revealed during a contentious hearing Wednesday in a Massachusetts courtroom.
Philadelphia-headquartered Fox Rothschild LLP has agreed to merge with Shaw Fishman Glantz & Towbin LLC, a 23-attorney firm with focuses in commercial bankruptcy & restructuring, commercial litigation and real estate, according to statements released Wednesday.
The U.S. Supreme Court ruled last term that judges could hear evidence of racial bias in the jury room despite a long tradition of secrecy in such deliberations. A gay man sentenced to death by a South Dakota jury in the early 1990s is now asking the justices to apply that decision to alleged homophobia in a case to be considered next month.