He Said What?: Tackling Unprofessional Conduct Towards Women Attorneys

He Said What?: Tackling Unprofessional Conduct Towards Women Attorneys

The Northern District’s Women Attorneys Advocacy Project presented a program on December 6th entitled “He Said What?: Tackling Unprofessional Conduct Towards Women Attorneys.” Lieff Cabraser employment practice group chair Kelly M. Dermody was joined by other leading figures in the Bay Area legal community: District Judge Yvonne Gonzalez Rogers, Paul Grewal of Facebook Inc., and Annette Hurst of Orrick, Herrington & Sutcliffe for a roundtable discussion on gender bias and discrimination in the legal realm. [Read more…]

Lieff Cabraser Attorneys Serving as Panelists at 10th Annual Labor and Employment Law Conference

Lieff Cabraser Attorneys Serving as Panelists at 10th Annual Labor and Employment Law Conference

The American Bar Association (ABA) Section of Labor and Employment Law will be hosting its 10th Annual Labor and Employment Law Conference in Chicago, Illinois from November 9-12, 2016 at the Sheraton Grand Chicago Hotel. Lieff Cabraser is a sponsor of this event, and two firm partners will be featured as conference panelists. [Read more…]

Kelly Dermody Discusses Trend Toward More Pay Equity Lawsuits By Professional Women with NY Law Journal

Kelly Dermody Discusses Trend Toward More Pay Equity Lawsuits By Professional Women with NY Law Journal

Pay Equity Class Actions Increase in Number As Professional Women Voice Their Gender Bias Concerns

Women are fed up with a work environment where they routinely get less compensation and fewer promotions than men, and they are taking a stand. A legal stand. The ongoing increase in awareness around the disparity between male and female salaries, bonuses, stock options and promotion opportunities is seen as one of the primary forces behind the spread of lawsuits filed by aggrieved women seeking equality and fair treatment in the workplace. [Read more…]

Judge Denies Microsoft’s Attempt to Throw Away Gender Bias Claims

Judge Denies Microsoft’s Attempt to Throw Away Gender Bias Claims

As reported by Law360, U.S. District Judge James L. Robart has denied Microsoft’s bid to dismiss certain discrimination claims in the lawsuit brought against the tech giant by a group of former and current female technical employees at the company. The employees have accused Microsoft of discriminating against female workers via its “stack ranking” employee evaluation process, which they argue has a disparate and negative impact on women. Last month, Judge Robart criticized Microsoft for not following court orders, in his view improperly prolonging the case because of inaction by the tech company’s legal team. [Read more…]

Dean Harvey Comments on Netflix Poaching Lawsuit

Dean Harvey Comments on Netflix Poaching Lawsuit

The Hollywood Reporter reports that 21st Century Fox has sued streaming video company Netflix in Los Angeles Superior Court for improperly poaching its employees. In the lawsuit, the film and television studio claimed that Netflix ran a “brazen campaign to unlawfully target, recruit, and poach valuable Fox executives by illegally inducing them to break their employment contracts with Fox to work at Netflix.” [Read more…]

Microsoft Legal Team Criticized by Judge in Gender Discrimination Suit

Microsoft Legal Team Criticized by Judge in Gender Discrimination Suit

A federal judge has criticized Microsoft’s lawyers in the gender bias class action lawsuit against the tech giant for not following court orders and thus prolonging the case due to their inaction. The lawsuit arises out of claims by three current and former Microsoft employees who accused the technology company of discriminating against women in technical roles with respect to Microsoft’s pay and promotion practices. [Read more…]

Leaked Emails Describe Toxic, Sexist Workplace at Apple Inc.

Leaked Emails Describe Toxic, Sexist Workplace at Apple Inc.

Major tech giant Apple Inc. has come under scrutiny for leaked emails, which describe a toxic, hostile, and sexist workplace. Incidences of gender discrimination, sexual assault, and harassment are not uncommon in a company’s culture, especially when it comes to the technology sector. The Cupertino-based multinational consumer company is not the only place where employees have reported this type of work environment. [Read more…]

Wage Theft May Be America’s Biggest Crime Wave

Wage Theft May Be America’s Biggest Crime Wave

In the year 2012, federal and state agencies recovered $933 million for wage theft victims. Research conducted by the Economic Policy Institute estimated that workers in America lose $20 to $50 billion annually to employers who are not paying workers what they’re legally owed. That’s not a misprint. Wage theft can come in many different forms — not paying employees the federal, state, or local minimum wage, failing to pay overtime, or the dismissal of job promotions. [Read more…]

U.S. Department of Labor Found Evidence of Microsoft Gender Bias

U.S. Department of Labor Found Evidence of Microsoft Gender Bias

As reported by the Seattle Times, investigators at the U.S. Labor Department alerted Microsoft in mid-2016 that they “had found preliminary evidence of gender-based discrimination at the company,” a revelation that was made in documents filed in the current lawsuit Lieff Cabraser and Outten & Golden against the company for systemic gender discrimination relating to pay and promotions. [Read more…]

Jason Lichtman Comments on Challenging Statistical Evidence in the Courtroom

Jason Lichtman Comments on Challenging Statistical Evidence in the Courtroom

In the second article of the publication’s series, Lieff Cabraser partner Jason L. Lichtman spoke with Bloomberg BNA on “Challenging Statistical Evidence After Tyson Foods,” discussing statistical expert testimony and evidence in class action proceedings, particularly in light of the recent Tyson Foods v. Bouaphakeo Supreme Court ruling. This employment law case was brought by low-wage workers at a Tyson Foods processing plant seeking pay for their considerable time spent putting on and taking off protective work attire and equipment (“donning and doffing”). [Read more…]

Appeals Court Denies Dismissal of Duke/UNC “No-Hire” Employment Lawsuit

Duke 'No-Hire' Case

The University of North Carolina Health Care System and Duke University have lost their most recent appeal against a lawsuit alleging the universities’ hiring policies violate federal anti-trust law, reports Law360. The 4th U.S. Circuit Court of Appeals deny review of a lower court decision to allow the lawsuit by a Duke radiologist to go forward, despite the defense’s argument that UNC’s medical dean is an agent of the state and should therefore be immune to legal liability. [Read more…]

Jason Lichtman Provides Commentary on Aftermath of Tyson Foods Ruling

Jason Lichtman Provides Commentary on Aftermath of Tyson Foods Ruling

Lieff Cabraser partner Jason L. Lichtman spoke with Bloomberg BNA for the article “Aggressive Challenges to Experts Expected After Tyson Foods” on the impact the Tyson Foods ruling will have on future court cases. Tyson Foods v. Bouaphakeo was brought by low-wage workers at a Tyson Foods pork-processing plant seeking pay for their considerable time spent putting on and taking off protective work attire and equipment (“donning and doffing”). [Read more…]

7th Circuit Appeals Court Holds Binding Arbitration Requirement for Employees to be Unlawful

7th Circuit Appeals Court Holds Binding Arbitration Requirement for Employees to be Unlawful

In a landmark — but entirely common-sense! — ruling in Lewis v. Epic Systems Corporation, No. 15-2997 (7th Cir. 2016), the Seventh Circuit Court of Appeals has affirmed the lower court’s denial of a motion to compel arbitration in a wage and hour class and collective action. The Court held that requiring employees to agree to arbitrate any disputes they may have with their employer on an individual basis, without the strength, benefits, and support of a collective or class action, as a condition of continued employment, violated the National Labor Relations Act (NLRA) and was illegal. [Read more…]

State of North Carolina in Violation of Title VII for Discrimination Against Transgender Employees

State of North Carolina in Violation of Title VII for Discrimination Against Transgender Employees

The U.S. Department of Justice has sent a formal communication to Governor Pat McCrory of the state of North Carolina, informing him that North Carolina has violated Title VII of the Civil Rights Act of 1964 by engaging in the practice of discrimination against transgender employees. The state withheld full Title VII rights from transgender employees of public agencies by not complying with H.B.2 (in effect since March 23, 2016), which permits restroom access and other facilities consistent with one’s gender identity. [Read more…]

Daniel Hutchinson in The Recorder on Uber’s Unintended Legal Pathbreaking

Daniel Hutchinson in The Recorder on Uber's Unintended Legal Pathbreaking

Uber’s settlement of several impending labor class action lawsuits may open the door to other new economy companies facing similar suits, according to The Recorder (subscription). Industry-wide, the “are-they-independent-contractors-or-are-they-employees” question, with all its attendant legal ramifications, remains open. And as the Recorder points out, open questions — particularly open questions that lead to multi-million dollar lawsuits — lead to lawsuits. [Read more…]

Jason Lichtman Discusses Supreme Court’s Recent Decision on Tyson Foods Case

Jason Lichtman Discusses Supreme Court’s Recent Decision on Tyson Foods Case

Lieff Cabraser partner Jason L. Lichtman will be speaking at an American Bar Association (ABA) Section of Litigation Roundtable on April 26, 2016 from 2:00-3:00pm Eastern time. The roundtable will be discussing how statistical evidence establishes classwide liability, using the Supreme Court’s recent decision on the Tyson Foods lawsuit as an example. [Read more…]