Duke and UNC Accused of Unlawful “No-Poach” Agreement in Class Action Lawsuit

Duke 'No-Poach' Case

This case on behalf of non-medical faculty follows Lieff Cabraser Heimann & Bernstein LLP’s successful similar action against Duke on behalf of medical faculty that led to a $54.5 million settlement in 2019.

May 27, 2020, Durham, North Carolina—(BUSINESSWIRE)— Lieff Cabraser, Edelstein & Payne, and Elliot Morgan Parsonage announce the filing of a class action labor antitrust “no-poach” lawsuit against Duke University on behalf of Lucia Binotti, a Professor at UNC, and a proposed class of non-medical faculty at Duke and UNC, from 2001 through February 5, 2018. [Read more…]

Dean Harvey and Yaman Salahi Co-Author ABA Antitrust Law Section Comments to the FTC Workshop on “Non-Competes in the Workplace: Examining Antitrust and Consumer Protection Issues”

Dean Harvey & Yaman Salahi Non-compete Clauses in Employment Agreements Blog

The American Bar Association Section of Antitrust Law recently submitted comments to the Federal Trade Commission in connection with the January 2020 FTC workshop on “Non-Competes in the Workplace: Examining Antitrust and Consumer Protection Issues.” In section two of the submission, Lieff Cabraser partners Dean M. Harvey and Yaman Salahi provide detailed commentary on the “Impact of Non-compete Clauses in Employment Agreements.” [Read more…]

Judge Allows Workers’ Claims To Proceed In McDonalds “No-Poach” Employee Antitrust Case

Judge Allows Workers’ Claims To Proceed In McDonalds “No-Poach” Employee Antitrust Case MDL

As reported by Law360 (subscription), an Illinois federal judge has denied McDonald’s attempt to dismiss the lawsuit alleging the fast food giant illegally limits employee pay and mobility between its franchises in violation of U.S. antitrust laws. The lawsuit advances claims that McDonald’s practices violated the antitrust laws relating to employment, artificially depressing workers’ wages and restricting their ability to move to other stores within the McDonald’s system, limiting career mobility and advancement. [Read more…]

Largest Group of Class Actions Filed Over COVID-19 Outbreak Likely To Come From Employees

Largest Group of Class Actions Filed Over COVID-19 Outbreak Likely To Come From Employees

As economic uncertainty and unemployment concerns rise, lawyers in the class action bar are predicting the largest group of lawsuits to be filed over the Covid-19 outbreak will likely come from employees, over illegal conduct including denied wages, discrimination in layoffs, and unsafe working conditions, as well as potential labor antitrust cases relating to collusion by employers to suppress wages and improperly restrict employee mobility. As reported by Law.com (subscription), in the midst of massive economic disruption due to coronavirus-related shutdowns, the U.S. Labor Department has released new statistics that show nearly twenty-two million people applied for unemployment benefits during the past month. [Read more…]

Annika K. Martin Talks to Agenda About the Impact of #MeToo on Corporate Culture

Thousands of Female Microsoft Employees Appeal Judge’s Decision to Deny Class Certification in Microsoft Gender Discrimination Lawsuit

Lieff Cabraser partner Annika K. Martin spoke recently with web based business resource platform Agenda about the rise of the #MeToo movement in corporate culture and how #MeToo has driven corporations to change how they handle misconduct. Rather than buying off accusers, as was once common, those in charge are instead imposing strong ethical standards and policy changes to ensure their companies don’t foster environments that enable misconduct. [Read more…]

Judge Close To Granting Preliminary Approval of $48.95M Settlement in Knorr, Wabtec No-Poach Antitrust Case

Freight train with cargo containers

As reported by Law360 (Subscription), U.S District Judge Joy Flowers Conti has indicated she is close to granting preliminary approval to a $48.95 million settlement of the antitrust lawsuit in which employee plaintiffs alleged Knorr-Bermse AG and Wabtec Corp. improperly agreed not to hire each other’s employees resulting in suppressed and lost wages. The settlement proceeds will be distributed to workers of both companies. [Read more…]

Lieff Cabraser Announces Settlement of Knorr and Wabtec Employee No-Poach Antitrust Lawsuit

Freight train with cargo containers

Proposed settlements with world’s dominant railway equipment suppliers will provide $48.95 million for employees who alleged their compensation was adversely impacted by an agreement between Knorr and Wabtec not to poach each other’s employees

Lieff Cabraser Heimann & Bernstein, LLP and Fine, Kaplan and Black, R.P.C. announce a total of $48.95 million in settlements to resolve antitrust claims of a class of approximately 8,396 employees of Westinghouse Air Brake Technologies Corporation and certain subsidiaries (“Wabtec”) and Knorr-Bremse AG and certain subsidiaries (“Knorr”). Knorr has agreed to pay $12 million, and Wabtec has agreed to pay $36.95 million. [Read more…]

Nashville News Anchor Demetria Kalodimos and TV Station WSMV Resolve Dispute

Nashville News Anchor Demetria Kalodimos and TV Station WSMV Resolve Dispute

As reported by The Nashville Business Journal, longtime news anchor Demetria Kalodimos announced Wednesday that she has settled her lawsuit with her former employer, WSMV Channel 4, an NBC-affiliated television station in Nashville, Tennessee. The lawsuit against WSMV and the station’s owner, Meredith Corp., accused the media companies of gender and age discrimination as well as breach of contract, among other claims. [Read more…]

Class Action Lawsuits Play Critical Role in the Fight to Protect Consumers and Workers from Being Cheated – Slate.com

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Powerful and straightforward piece in Slate reveals how Americans have had their consumer and employee rights stripped away from them

Since their inception, class action lawsuits have provided consumers with a mechanism to challenge and deter large corporations from breaking the law. Over the last decade, however, hundreds of millions of Americans have seen themselves legally prohibited from bringing or joining such lawsuits as the imposition of forced arbitration has skyrocketed to restrict their rights. Forced arbitration provisions drastically limit the rights of consumers and employees. As Slate observes, this onetime major recourse for individuals facing illegal behavior by giant corporations is reeling in the wake of a Supreme Court “determined to stamp them out.” [Read more…]

Kelly Dermody Moderates Discussion at BASF Women’s Impact Network “No Glass Ceiling” 2.0 Conference

Kelly Dermody Moderates Discussion at BASF Women's Impact Network "No Glass Ceiling" 2.0 Conference

On Thursday, November 21st, 2019, Lieff Cabraser partner Kelly M. Dermody will moderate “Own the Moment (a conversation between genders)” — a frank, provocative, and constructive educational presentation with male managing partners and law practice leaders on strategies for male leaders and allies to help advance gender equity and cultivate positive cultures for all genders. Panelists include Nathan Sabri of Morrison & Foerster LLP, Brian Rocca of Morgan Lewis Bockius, David Lucero of Veritas, Steven Taylor of Keker, Van Nest & Peters, and Vidhya Prabhakaran of Davis Wright Tremaine LLP. [Read more…]

Kelly Dermody Speaks on Mistakes Employers Make at California Employment Law Council Annual Meeting

Kelly Dermody Speaks on Mistakes Employers Make at California Employment Law Council Annual Meeting

On Thursday, November 14th, 2019, Lieff Cabraser partner Kelly M. Dermody will lead a discussion on “The Plaintiff Perspective: Mistakes Employers Make and Case Selection Criteria for an Employee Advocate” at the California Employment Law Council’s annual meeting in San Francisco. [Read more…]

Kelly Dermody Moderates Plenary on HR Analytics at 13th Annual ABA Labor & Employment Law Conference

Kelly Dermody Moderates Plenary on HR Analytics at 13th Annual ABA Labor & Employment Law Conference

On, Friday, November 8, 2019, Lieff Cabraser partner Kelly M. Dermody moderated a plenary session entitled “The Power of People Analytics” at The American Bar Association’s 13th Annual Labor and Employment Law conference in New Orleans. [Read more…]

American Association for Justice Issues Call for Action to End Forced Arbitration

American Association for Justice Calls For Action to End Forced Arbitration

The Chief Operating Officer of the  American Association for Justice (AAJ) recently penned a letter to the public in an attempt to provide people with the latest information on how to get involved in the AAJ’s grassroots efforts to end forced arbitration. [Read more…]

Thousands of Female Microsoft Employees Appeal Judge’s Decision to Deny Class Certification in Microsoft Gender Discrimination Lawsuit

Thousands of Female Microsoft Employees Appeal Judge’s Decision to Deny Class Certification in Microsoft Gender Discrimination Lawsuit

Article includes commentary from Lieff Cabraser partner Ann B. Shaver, who represents the plaintiffs in the case

The Register reports that over 8,000 female Microsoft employees have appealed a judge’s decision to deny class certification in a gender lawsuit against the tech giant in which female employees and ex-employees allege pay discrimination and claim that top management at Microsoft knew there was a problem but failed to fix it. [Read more…]

New Tech Designed to Monitor Worker Safety May be Violating Privacy Laws

New Tech Designed to Monitor Worker Safety May be Violating Privacy Laws

Gizmodo reports that major manufacturing and shipping companies across the U.S. are asking their manual laborers to wear a new kind of motion sensor they claim is designed to insure worker safety. These devices can provide feedback to alert workers to potentially hazardous bends and twists. However, critics of the devices feel that they may be too intrusive, providing employers with the ability to inspect workers’ every move, and “opening an obvious path to intensive micro-surveillance of their productivity.” [Read more…]

American Association for Justice Releases Detailed Report on Negative Impacts of Forced Arbitration

American Association for Justice Releases Detailed Report on Negative Impacts of Forced Arbitration

An article published in the November 2019 issue of the American Association for Justice’s Trial Magazine highlights a new research report examining the devastating impact forced arbitration has had on the rights of American workers and consumers. The report looks at how forced arbitration suppresses claims against corporations specifically when corporations harm workers and consumers by cheating, stealing, or even breaking the law. [Read more…]

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

generic arbitration image

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…]