Employment

HPE, HP Sued for Elbowing Out Older Employees

Hewlett Packard Enterprise and HP are facing a potential class action lawsuit brought earlier this month by four former employees. The companies engaged in widespread age discrimination during a restructuring of the legacy computer and printer manufacturer, according to their complaint, filed in U.S. District Court in San Jose, California. HP from 2012 to 2015 made a series of discriminatory …


Class Action Alleging Law School Fraud Shot Down by Appeals Court

A federal appeals court has dealt the latest blow to a lawsuit alleging law school students were defrauded with misleading employment statistics. The Third U.S. Circuit Court of Appeals on Tuesday upheld a lower-court’s ruling that Widener University School of Law graduates don’t have enough in common to sue the school through a class action.


Justice Department Files Lawsuit Against United Airlines for Violating Employment Rights of U.S. Air Force Reservist

The Justice Department filed a complaint today alleging that United Airlines Inc. violated the employment rights of U.S. Air Force Reservist Lieutenant Colonel Daniel Fandrei under the Uniformed Services Employment and Reemployment Rights Act (USERRA). According to the complaint, United violated USERRA by denying Fandrei employment benefits during his military leave that it grants to other …


Jury Rules Chipotle Discriminated Against Pregnant Employee

A former Chipotle worker is looking forward to a big payout from her past employer. According to the Washington Business Journal, a U.S. District Court jury in Washington, D.C., awarded Doris Garcia Hernandez $550,000 in compensatory and punitive damages this week after finding her former manager had discriminated against for being pregnant. Based on the filing, back in 2011, Hernandez informed …


Judge Rules FCRA Class Action Lawsuit Against Restaurant Chain May Proceed

A federal judge has ruled that a class action lawsuit against Waffle House that seeks damages due to the restaurant chain’s alleged “systematic and willful violation of the Fair Credit Reporting Act (FCRA)” by obtaining background check reports without taking adequate steps to ensure that the information reported was accurate may proceed, according to a report from Courthouse News. Courthouse …


The Uber Litigation Shows How the Company Gets Around Employment Laws

The recent settlements in the California Uber litigation demonstrate the perils of mandatory arbitration for our entire framework for regulating employment. Unfortunately, media coverage of the Uber controversies has not highlighted the damage that arbitration agreements have wrought to the individual workers involved and to our employment laws generally. But it is now more clear than ever that …


The Power of Arbitration Agreements and Class Action Waivers

The most significant exposure an employer faces in employment litigation is a class action lawsuit. Whether it is a class asserting claims for discrimination, harassment, or overtime, the potential damages can quickly escalate when there are multiple employees all asserting the same claim. Matters only get worse when those claims are decided by juries, which will generally be predisposed to …


WestJet Responds to Harassment Lawsuit

VANCOUVER — WestJet is rejecting allegations made by a former flight attendant that it fails to provide a harassment-free workplace for its female employees, saying it would not put its reputation at stake by inadequately dealing with complaints. The Calgary-based airline’s response to a civil claim, filed this week in British Columbia Supreme Court, argues against granting class-action status…


WestJet Responds to Proposed Class-Action Lawsuit From Former Flight Attendant

WestJet is rejecting allegations made by a former flight attendant that it fails to provide a harassment-free workplace for its female employees, saying it would not put its reputation at stake by inadequately dealing with complaints. The Calgary-based airline’s response to a civil claim, filed this week in British Columbia Supreme Court, argues against granting class-action status to a lawsuit…


37-Year-Old Who Says She Can’t Get a Lawyer Job After Applying to 150 Firms Loses Her Lawsuit Against Her School

A jury has ruled against a 37-year-old graduate of the Thomas Jefferson School of Law who claimed that the school defrauded her when she attended nearly a decade ago, The San Diego Union-Tribune reported. A San Diego, California, jury ruled 9-3 in favor of the school, handing a victory to TJSL — since civil cases in that state don’t require a unanimous jury vote. During the trial, a lawyer for …