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Managing the Modern Workplace
V&E International Labor & Employment Resources

  • 12
  • March
  • 2019

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DOJ Fans the Flames in Support of Plaintiffs Suing Former Employers in Private Antitrust Fray

The Department of Justice Antitrust Division (the “DOJ”) recently put its thumb on the scale in favor of plaintiffs with respect to the standard to be applied in antitrust litigation involving purported “no-poach” agreements among competing employers. In a rare move, the DOJ filed a statement of interest in the ongoing lawsuit, In re Railway Industry Employee No-Poach Antitrust Litigation – a multi-district class action filed by several former employees against two of the world’s largest rail equipment suppliers.

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  • 07
  • February
  • 2019

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Offers of Judgment: A Tool for Minimizing Liability in Overtime Cases

As many employers have learned, the biggest liability in many overtime cases brought under the Fair Labor Standards Act (“FLSA”) is often not the unpaid overtime or liquidated damages but the attorneys’ fees that the plaintiff’s attorney is entitled to recover if he prevails on behalf of his client. While a misclassified employee who occasionally worked overtime may only recover a couple of thousand dollars, his lawyer could well end up with a six-figure award.

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  • 02
  • October
  • 2018

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Simply Because OSHA Says Something is RAGAGEP Doesn’t Make it So

Over six years ago, two colleagues and I tried a month-long trial in the federal courthouse in downtown Detroit, in which we challenged 65 Process Safety Management (“PSM”) citations that OSHA had issued to a large petroleum refinery in Ohio. A year later, the Administrative Law Judge vacated all but five of the citations and reduced the $2,870,000 penalty to $35,000.

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  • 11
  • September
  • 2018

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Juror Bias in the Trump Era?

I have tried many employment discrimination cases since the Civil Rights Act of 1991 allowed for jury trials. Lawyers who represent plaintiffs in employment discrimination cases have told me that they are more likely to strike potentially conservative jurors for the same reasons that defense lawyers will strike liberal ones in a discrimination case.

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Contributors

Thomas H. Wilson

Thomas H. Wilson Partner

Christopher V. Bacon

Christopher V. Bacon Counsel

Sean Becker

Sean Becker Partner

Stephen M. Jacobson

Stephen M. Jacobson Partner

Martin C. Luff

Martin Luff Counsel

Lawrence S. Elbaum Partner

S. Grace Ho

S. Grace Ho Counsel