Kelly Dermody Comments on National Effort to Collect Company Pay Data

Kelly Dermody Comments on National Effort to Collect Company Pay Data

As reported in Bloomberg Law, the U.S. government is now collecting detailed race and gender pay data from thousands of companies in an effort to eliminate wage discrimination in the workplace. [Read more…]

Lawmakers Advance FAIR Act Bill Aimed at Eliminating Forced Arbitration in Employment Contracts

Lawmakers Pass FAIR Act Bill Aimed at Eliminating Forced Arbitration in Employment Contracts

On Tuesday, September 10, 2019, House Democrats voted overwhelmingly to send the FAIR Act (a bill to end forced arbitration) to the House floor for a vote. The vote on the bill is expected to take place as early as next week. [Read more…]

Kelly Dermody Discusses #MeToo and BigLaw at ABA National Conference on Professional Responsibility

Kelly Dermody Discusses #MeToo and BigLaw at ABA National Conference on Professional Responsibility

On May 8, 2019, Lieff Cabraser partner Kelly M. Dermody addressed Big Law’s issues with #MeToo on a panel at the American Bar Association’s National Conference on Professional Responsibility held in Vancouver, British Columbia, noting how many high profile firms are guilty of allowing their highest paid and most powerful “rainmaker” lawyers to participate in the sexual harassment and undercutting of women and minority lawyers in the workplace without repercussion. [Read more…]

$54.5 Million Settlement Proposed in Duke/UNC “No Poach” Employee Anticompetition Lawsuit

$54.5 Million Settlement in Duke/UNC "No Poach" Employee Anticompetition Lawsuit

On May 20, 2019, a settlement valued at $54.5 million was filed in the class action lawsuit against Duke University over an alleged illegal employee-poaching agreement with the University of North Carolina. The proposed settlement came on the same day that the U.S. Department of Justice decided to intervene in the suit by filing a motion to intervene seeking to prohibit Duke and UNC from signing “no-poach” employee agreements during the next five years. [Read more…]

American Antitrust Institute Pens Letter of Opposition to Department of Justice Over DOJ’s “Misguided” Approach Toward Fast Food Franchise No-Poach Employee Restriction Agreements

Fast food worker no-poach blog

On Thursday May 2, 2019 the American Antitrust Institute submitted a thirteen-page letter to the Antitrust Division of the Department of Justice expressing concerns that the DOJ’s recent Statement of Interest relating to fast food franchise employee “no-poach” cases “threatens to lead district courts astray and discourage antitrust challenges to patently anticompetitive labor-market restraints that exploit the most vulnerable workers in the franchise sector.” The Antitrust Institute, along with many other employee rights organizations and advocates, contends that the practice of restricting employees from moving from one store to another within the same franchise violates antitrust laws and causes workers’ wages to be lower than they would otherwise be if not limited by the resulting reductions in career mobility and advancement. [Read more…]

Google Employees Push for Legislation to End Forced Arbitration in Employment Contracts

Google employees are organizing a phone drive that will take place on Wednesday, May 1st to press lawmakers into supporting The Forced Arbitration Injustice Repeal (“FAIR”) Act. The FAIR Act is an initiative recently reintroduced in the House of Representatives seeking to end the use of arbitration agreements in employment contracts so as to sidestep public trials. Widely used across many industries, these clauses are inserted into workers’ contracts more and more frequently to require that the workers waive their right to sue their employers in a real and public court. Instead, employee complaints are funneled into a private legal system, where employers (who fund the system) are viewed as having the upper hand in the settling of job-related disputes. [Read more…]

Kelly Dermody A Featured Panelist at American Bar Association’s Midyear International Labor & Employment Law Conference

Kelly Dermody A Featured Panelist at American Bar Association’s Midyear International Labor & Employment Law Conference

Lieff Cabraser partner Kelly M. Dermody will speak as a distinguished panelist at the American Bar Association’s Midyear International Labor & Employment Law Conference on Wednesday, May 8, 2019 at the Palacio Duhau – Park Hyatt Hotel in Buenos Aires, Argentina. She will be featured on a panel titled “#MeToo and Beyond: Addressing Sexual Harassment, Pay Inequity and Other Forms of Gender Discrimination in the International Workplace.” [Read more…]

American Association for Justice Releases Video in Support of FAIR Act Aimed at Eliminating Forced Arbitration in Employment Contracts

American Association for Justice Releases Video in Support of FAIR Act

Early this year, democratic lawmakers announced a new bill aimed at ending the practice of forced arbitration in employment contracts. The Forced Arbitration Injustice Repeal (“FAIR”) Act seeks to end the use of mandatory arbitration clauses, which are often inserted into workers’ contracts to require that they waive their right to sue their employers in a real court. With their right to sue waived, employees complaints instead are directed to a private system funded by employers where employers are seen to gain the upper hand in job-related disputes. [Read more…]

Kelly M. Dermody Comments on New Federal Paycheck Fairness Act

Kelly Dermody Comments on New Federal Paycheck Fairness Act

As reported in the Daily Journal (subscription), on Wednesday March 27, 2019, the U.S. House of Representatives passed a new bill called the federal Paycheck Fairness Act, aimed at giving mistreated employees more effective tools to assert their rights by expanding sex discrimination class actions, damages assessments therein, and company reporting requirements. [Read more…]

Humane Society Announces Conclusion of Reconciliation Process Aimed at Improving its Workplace Culture

Humane Society Announces Conclusion of Critical Reconciliation Process

Lieff Cabraser attorney Kelly M. Dermody Commends the Society’s Efforts, Applauds the ‘Courageous Women Who Came Forward’ to Initiate the Transformation – “A tremendous day for HSUS and for the future of the animal welfare movement.”

On October 1, 2018, the Humane Society of the United States announced a Reconciliation Process to improve the organization for the benefit of all HSUS employees and volunteers. On March 12, 2019, the Co-Chairs of the HSUS Board of Directors issued a message to the organization regarding the conclusion of that Reconciliation Process. [Read more…]

Lawmakers Announce New ‘FAIR Act’ Bill to End Forced Arbitration

Lawmakers Announce New ‘Fair Act’ Bill to End Forced Arbitration

Democratic lawmakers today announced a new bill aimed at ending the practice of forced arbitration in employment contracts. The Forced Arbitration Injustice Repeal, or FAIR Act, seeks to end the use of mandatory arbitration clauses, which are often inserted into workers contracts to require that employees waive their right to sue their employers. With the right to sue waived, employee complaints instead can only go through a private system where employers are automatically given the upper hand in disputes. [Read more…]

Channel 4 News Anchor Demetria Kalodimos Files Lawsuit Challenging Culture of Gender Bias and Age Discrimination at Station

kalodimos gender discrimination lawsuit

Lawsuit alleges gender and age discrimination, a hostile workplace, retaliation, negligent and intentional infliction of emotional distress, breach of contract, and unlawful restraint of trade, and seeks injunctive relief as well as front pay, back pay, and exemplary and punitive damages

The national plaintiffs’ law firm Lieff Cabraser Heimann & Bernstein announces the filing of a gender and age discrimination employment lawsuit in federal district court in Nashville on behalf of “Face of Channel 4” news anchor Demetria Kalodimos against Meredith Corporation d/b/a WSMV Channel 4 (NBC). [Read more…]

KPMG Gender Discrimination Lawsuit Plaintiffs File for Class Certification

Gender discrimination

Plaintiffs Allege Widespread Gender Disparities in Pay, Promotion Within Sexist Culture

Attorneys from Lieff Cabraser and Sanford Heisler Sharp LLP filed a motion in U.S. District Court for the Southern District of New York on November 27th seeking class certification in a long-running lawsuit to challenge gender disparities in pay and promotion on behalf of female Advisory and Tax professionals at KPMG. The Court held a hearing on the motion, not previously filed on the public docket, in August, and the parties await a decision. [Read more…]

HR Dive: How employers can correct course on pay equity

pay equity blog

New piece by columnist Ryan Golden of HR Dive includes commentary from Lieff Cabraser Employment Law attorney Kelly Dermody

During the recent annual conference for the Labor and Employment Law section of the American Bar Association (ABA), key members conducted a panel discussing recommendations for employers tackling pay equity. [Read more…]

Federal Ruling Advances $30m Computer Sciences Corp. Overtime & Damages Payout

Tech Support Workers Willfully Underpaid By Computer Sciences Corporation

As reported by Law360 (subscription), systems administrators at Computer Sciences Corporation are on track to receive approximately $30 million in damages and unpaid overtime after Judge Janet Bond Arterton of the Connecticut “resolved a series of remedies questions left open after their December jury win.” Judge Arterton noted that CSC must pay the class the value of years of overtime worked at 1.5 their regular wage amount instead of a lower, fluctuating work-week rate. The Judge stated there was no doubt that CSC had failed to pay the workers the extra amount when they worked over 40 hours per week. [Read more…]

Supreme Court Set to Review Mandatory Arbitration in the Employment Context

construction workers

Court will rule on cases involving workers’ rights to sue their employers in court

As reported by the Wall Street Journal the U.S. Supreme Court is slated to make rulings in three cases that involve workers’ rights to sue their employers. The fundamental question is whether employment contracts can allow employers to force workers to bargain away their rights to sue in court over employment disputes. [Read more…]

Humane Society Announces Reconciliation Process as Latest of Multiple Efforts to Improve Workplace Culture

Humane Society

Lieff Cabraser attorney Kelly M. Dermody notes clients are pleased HSUS is committed to providing healthy and safe environment to fulfill its mission

The Humane Society of the United States (HSUS) is proud to announce the details of a Reconciliation Process, the latest among multiple efforts that are underway to improve the organization for the benefit of all HSUS employees and volunteers. These efforts follow current and former HSUS employees bravely coming forward to call for change at the organization.  The Reconciliation Process is being led by noted employee advocate Katherine Kimpel of KK Advising PLLC and was established with input from employment law attorney, Kelly Dermody of Lieff Cabraser Heimann & Bernstein, LLP. The Reconciliation Process is in addition to other actions the HSUS Board is taking to improve the organization’s workplace culture, including working with culture experts on culture change, completing a Board governance review and commissioning a pay equity study. [Read more…]

Lieff Cabraser Partner Dean Harvey Discusses the Expansion of Antitrust Law to the Employment Setting

Dean Harvey on Antitrust and Employment Cases

Workers are recovering millions after challenging illegal anticompetitive “no-poach” agreements between companies that restrict employee mobility and depress salaries. Dean Harvey, plaintiff attorney and partner at Lieff Cabraser, provides detail on the successful 2015 “High Tech” Employees class action suit against Apple, Google, Intel, Adobe, and industry giants that resulted in a settlement valued at $435 million, the largest resolution in history of antitrust claims in the employment setting, on either an aggregate or per-class-member basis. [Read more…]

Ninth Circuit to Hear Plaintiffs’ Appeal re Class Certification in Microsoft Gender Discrimination Lawsuit

Gender Pay Discrimination: Lieff Cabraser Employment Lawyer Anne Shaver Talks to Glamour Magazine

On September 20, 2018, the Ninth Circuit Court of Appeals issued an order accepting Plaintiffs’ petition for a discretionary appeal of the District Court’s June 25, 2018 order denying class certification in the Microsoft gender discrimination lawsuit, Moussouris v. Microsoft Corporation, brought by female current and former Microsoft professionals. Plaintiffs seek to represent a class of female current and former employees in Microsoft’s Engineering and I/T Operations professions in the U.S. at stock levels 59 through 67. Plaintiffs allege that Microsoft has engaged in systemic and pervasive gender discrimination with respect to pay and promotions. [Read more…]

Lieff Cabraser Named Co-Lead Counsel in Knorr-Wabtec “No-Poach” Employee Antitrust MDL

Freight train with cargo containers

U.S. District Court Judge Joy Flowers Conti of the Western District of Pennsylvania has appointed Lieff Cabraser to act as Co-Lead Counsel for plaintiffs alongside Philadelphia law firm Fine, Kaplan and Black in the aggregate “no-poach” employee antitrust litigation against rail equipment companies Knorr-Bremse and Wabtac Railway Electronics. Four groups competed for selection as lead counsel for the plaintiffs, with Lieff Cabraser standing out because of our prior experience and success in no-poach cases, including our firm’s proven ability to combine employment and antitrust lawyers to bring a unique concentration of legal acumen and multidimensional approaches to the case. [Read more…]