Employment

  • July 27, 2016

    Suspended Ala. Judge Denies Defying Same-Sex Marriage OK

    The suspended chief justice of the Alabama Supreme Court pushed back Tuesday against a disciplinary panel’s portrayal of his administrative order directing probate judges to refuse same-sex marriage licenses, arguing he never suggested defiance of the federal courts.

  • July 27, 2016

    Boston Theater Musicians Are Employees, NLRB Official Says

    A regional National Labor Relations Board official ruled Tuesday that musicians at a Boston-area theater company are not independent contractors and can hold a union representation election.

  • July 27, 2016

    EEOC To Boost Religious Bias Data Collection

    The U.S. Equal Employment Opportunity Commission has announced that it will bolster data collection efforts to better track trends in workplace religious discrimination.

  • July 27, 2016

    LA Atty Avoids Sanctions In Secretary's Harassment Suit

    A California judge Wednesday declined to sanction the managing partner of Los Angeles boutique J.J. Little & Associates PC for missing a mandatory settlement conference in his former secretary's suit alleging she was fired for rejecting his advances, but told the attorney to avoid such “miscommunication” going forward.

  • July 27, 2016

    Senate Cafeteria Staff Gets $1M In Back Pay After DOL Probe

    Hundreds of U.S. Senate cafeteria workers are owed more than $1 million in backpay because their employers didn’t comply with wage regulations for federal contractors, the U.S. Department of Labor announced Tuesday.

  • July 27, 2016

    Vets Get $3.9M Fee Award After Previous PTSD Benefit Deal

    The U.S. Court of Federal Claims on Tuesday awarded nearly $3.9 million in attorneys’ fees to a class of more than 2,000 veterans who had previously settled with the Pentagon over allegations it wrongly downplayed their post-traumatic stress disorder-related disabilities.

  • July 27, 2016

    NJ Casino Agency Hit With Bias Suit By Ex-Worker

    New Jersey’s Casino Reinvestment Development Authority has been slapped with a bias suit in state court by an ex-worker who claims he was accused of being a racist and fired after he made an allegedly neutral comment about religion to a co-worker.

  • July 27, 2016

    Fifth Circuit Revives FMLA Suit Against Carabin & Shaw

    The Fifth Circuit on Tuesday reversed a ruling in favor of law firm Carabin & Shaw and revived a former legal assistant's lawsuit alleging violations of the Family Medical Leave Act, finding that there are genuine issues of fact that should not have been resolved during the early stages of the case.

  • July 27, 2016

    DynCorp Wage Suit Belongs In Kuwait, 5th Circ. Says

    The Fifth Circuit on Tuesday rejected a former DynCorp employee’s attempt to revive a putative class action accusing the company of cheating him and others of overtime pay and benefits earned on a Kuwaiti logistics contract for the U.S. Army, ruling that his employment agreement called on any such litigation to happen in Kuwait.

  • July 27, 2016

    Ex-NFLer Asks For Atty Fees After Disability Win

    A former National Football League linebacker who won total and permanent disability benefits earlier this year asked a Maryland court to make the league’s benefit plans pay his legal costs, saying his case meets the Fourth Circuit's merit test and his attorneys’ fees are reasonable.

  • July 26, 2016

    4 Traits Of The Top Litigation Firms

    All litigation powerhouses boast talented trial lawyers, but the 20 firms at the top of their game don't just rely on their litigators. Here, we talk about the four traits that led the elite of the Litigation Powerhouses to become the go-to firms for bet-the-company cases.

  • July 26, 2016

    5 Small(er) But Mighty Litigation Shops

    Five relatively small but fearsome law firms landed a spot on Law360's 2016 list of 50 Litigation Powerhouses after they laced up their gloves and brought the pain in their fights for clients, winning some of the biggest cases over the past year.

  • July 26, 2016

    NJ Sewer Supervisors Sentenced For Misusing Employees

    Four former supervisors at the Passaic Valley Sewerage Commission drew sentences ranging from five years in state prison to probation Tuesday for having on-duty subordinate agency employees perform renovations at private homes.

  • July 26, 2016

    Law360 Names Top 50 Firms For Litigation

    Historic, precedent-setting wins in class action litigation. Jaw-dropping jury verdicts in courts across the country. Victories in the smartphone wars. Dramatic upsets on appeal. Law360's Litigation Powerhouses leveraged their deep legal talent to score remarkable wins for their clients over the past year, landing them a spot on our inaugural ranking of the top firms for litigation.

  • July 26, 2016

    Disney Comes Out Swinging In H-1B Visa Class Actions

    Walt Disney Parks and Resorts U.S. Inc. on Monday blasted two class actions accusing Disney and two consulting firms of conspiring to replace employees with foreign workers through an abuse of the H-1B visa program, telling a Florida federal court that the plaintiffs’ responses showed the suits were “in search of a legal claim.”

  • July 26, 2016

    7th Circ. Revives Sex Discrimination Suit Against FedEx

    The Seventh Circuit on Tuesday revived a Chicago-area woman’s sex and national origin discrimination lawsuit against employer Federal Express, saying she presented enough evidence to push forward claims she was not promoted based on her gender and Indian origin.

  • July 26, 2016

    TransPerfect Worker Sues Del. Judge In Free-Speech Row

    An employee of translation services company TransPerfect Global sued a Delaware chancellor and a court-appointed custodian in New York federal court on Tuesday, saying an order to sell the company includes violations of the First and Fourth amendments.

  • July 26, 2016

    Staples Can’t Duck Calif. Wage Suit Over Security Checks

    A California judge on Tuesday tentatively greenlighted a proposed class action against a Staples Inc. subsidiary alleging warehouse workers were cheated out of wages for time spent undergoing security checks, paring two employee break claims but rejecting the company’s bid to dismiss all six other causes of action.

  • July 26, 2016

    NFL, Union Launch Concussion Enforcement Protocol

    The National Football League and the NFL Players Association on Monday said they have agreed to enforce a concussion protocol and will discipline clubs with heavy fines or forfeited future draft picks if they violate it.

  • July 26, 2016

    Women Football Players Get Class Cert. In Skimpy-Pay Suit

    A California judge granted class certification to the scantily-uniformed members of a women’s football league alleging the organization improperly designated players as independent contractors to shortchange their pay, despite signs that defendants will sit on the bench and forfeit the courtroom battle.

Expert Analysis

  • Trade Secret Claim Strategies: ITC Vs. DTSA

    Paul A. Ainsworth

    While the Defend Trade Secrets Act offers both monetary and injunctive relief, the U.S. International Trade Commission offers trade secret owners jurisdiction over foreign companies and a speedier remedy, say Paul Ainsworth and Stephanie Nguyen of Sterne Kessler Goldstein & Fox PPLC.

  • The Best Ways To Prepare For EB-5 Site Visits

    Julianne Opet

    As the EB-5 community prepares for the start of U.S. Citizenship and Immigration Services site visits, it is helpful to extract valuable experience and insight from employers in other immigration programs who have contended with site visits over the last several years, says Julianne Opet at Klasko Immigration Law Partners LLP.

  • ‘Ban The Box’ Goes Beyond The Application In Austin

    James H. Kizziar Jr.

    Although referred to colloquially as “ban the box,” a newly enacted ordinance in Austin, Texas, regulates much more than just application questions. Amendments to the city code direct the entire hiring process and prohibit soliciting or inquiring about criminal histories until a conditional offer of employment is made, say James Kizziar Jr. and Amber Dodds at Bracewell LLP.

  • Legal Aid, Meet Legal Tech

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    Because there will never be enough free lawyers to satisfy demand from low-income Americans, we need to leverage technology to allow the legal expertise of one lawyer to reach hundreds or thousands of clients at once, say Jonathan Petts and Rohan Pavuluri, co-founders of startup nonprofit Upsolve.

  • Common Mistakes Employers Of Calif. Domestic Workers Make

    Scott Liner

    Despite the fact that it has been over two years since California's Domestic Workers Bill of Rights was enacted, many household employers are still unaware of their employment obligations and the associated risks. As a result, there are a growing number of claims and lawsuits alleging substantial amounts of unpaid wages and owed penalties, say Scott Liner and Tiffany Caterina at Liner LLP.

  • Testing The UBE: Portable But Inaccurate Bar Exam Scores

    Suzanne Darrow-Kleinhaus

    While there is not much that is new about the uniform bar exam’s components, what is new is that where you take the bar exam may make the difference between passing and failing. Half of the score depends on the strength of the applicant pool in the jurisdiction where the candidate wrote the exam, which may lead to “UBE shopping,” says Suzanne Darrow-Kleinhaus, director of bar programs at Touro Law Center.

  • How Employers Can Prepare For The Perils Of 'Pokemon Go'

    Keith A. Ashmus

    With the recent release of "Pokemon Go," employers may now be less concerned about "Candy Crush" distractions and more concerned about team Pokemon hunts in the office. The game has the real potential to create significant pitfalls for corporate employers, who must prepare for Pokemon mishaps from both employees and trespassers, says Keith Ashmus at Frantz Ward LLP.

  • Testing The UBE: Missouri Benefits From Uniform Bar Exam

    Jim Nowogrocki

    We in Missouri do not take lightly to new trends or frothy ideas. Yet, the uniform bar exam has allowed us to meet the challenges of an increasingly mobile legal profession and the changing needs of clients, and to ensure that a newly admitted attorney has the knowledge, character and fitness to practice in the Show-Me State, says Jim Nowogrocki, president of the Board of Law Examiners in Missouri — the first state to adopt the UBE.

  • Internal Investigations: Don't Give Law Firm A Blank Check

    John McDermott

    We have heard increasing complaints from general counsels about the runaway costs of internal investigations by outside counsel. GCs and clients — be it the company, the audit committee or a special litigation committee — are uniquely positioned to play an important role in defining and controlling the scope and costs of an investigation, say John McDermott and Emily Garnett of Brownstein Hyatt Farber Schreck LLP.

  • Workplace Video Monitoring: What Employers Need To Know

    Barbara E. Hoey

    Given the availability and effectiveness of inexpensive video equipment, many companies use video to monitor their entire operations for safety, security and quality control. But video surveillance can have unintended consequences well beyond its intended purpose, say Mark Konkel and Barbara Hoey at Kelley Drye & Warren LLP.