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  • April 22, 2014

    Cheerleaders Sue Buffalo Bills For Cheating Them On Wages

    Five former Buffalo Bills cheerleaders launched suit in New York court Tuesday, accusing the state's football organization and the companies involved in managing the team's cheerleading squad of denying them minimum wage, in violation of New York labor laws.

  • April 22, 2014

    JetBlue Pilots Vote To Join Union

    More than 70 percent of pilots for JetBlue Airways Corp. on Tuesday voted to join the Air Line Pilots Association, the organizations said, bringing the airline’s more than 2,500 pilots under the union’s wings.

  • April 22, 2014

    Lawyers Weigh In On High Court's Affirmative Action Ruling

    The U.S. Supreme Court on Tuesday ruled that a Michigan law banning affirmative action programs for college admissions is constitutional. Attorneys told Law360 why the ruling matters.

  • April 22, 2014

    TRW Automotive's Insurance Switch Violated CBA: 6th Circ.

    The Sixth Circuit upheld a victory Tuesday for a class of retired union workers who sued TRW Automotive Holdings Corp. over a switch from group insurance coverage to health reimbursement accounts, ruling that the unilateral move ran afoul of collective bargaining agreements.

  • April 22, 2014

    Swift Transportation To Pay $4.4M In Background Check Suit

    Trucking conglomerate Swift Transportation Co. will pay $4.4 million to settle a class action claiming that it neglected to tell more than 10,000 job applicants that they can access and contest background checks used in the company’s hiring process, with the plaintiffs seeking approval of the deal on Monday.

  • April 22, 2014

    Fla. Senate Panel OKs Controversial Pension Plan Reforms

    A bill aimed at steering Florida's public workers from pensions toward investment retirement plans passed the state Senate Appropriations Committee on Tuesday by a slim margin in the face of opposition from state workers and strong reservations from panel members.

  • April 22, 2014

    EEOC Scores Deal For Rejected Job Applicant With Cancer

    Cold-storage company Professional Freezing Services LLC has agreed to cough up $80,000 to settle the U.S. Equal Employment Opportunity Commission's claims that it refused to hire an applicant for a warehouse manager position because he had prostate cancer, the agency announced Monday.

  • April 22, 2014

    The Accidental Advocate: Judge John E. Jones III

    Pennsylvania Middle District Judge John E. Jones III talks to Law360 about the surreal aftermath of his divisive ruling against intelligent design as he prepares for yet another potentially explosive trial over Pennsylvania's same-sex marriage ban.

  • April 22, 2014

    OMB Greenlights Tougher Miners' Coal Dust Exposure Rule

    The U.S. Office of Management and Budget on Monday greenlighted a final rule to reducing the amount of coal dust to which miners can be exposed.

  • April 22, 2014

    Serco Wants Whistleblower's Navy Contract FCA Suit Canned

    Serco Inc. on Monday urged a California federal court to dismiss a former employee’s whistleblower suit accusing it of falsely billing the U.S. Navy on contracts for a “virtual border” project, saying its billing was accurate and complied with the agreed contract terms.

  • April 22, 2014

    Regions Bank Hit With FLSA Suit Over Investigator OT Pay

    Regions Financial Corp. and Regions Bank were hit with a putative collective action in Alabama federal court Tuesday alleging they failed to pay overtime wages to the bank's anti-money laundering investigators in violation of the Fair Labor Standards Act.

  • April 22, 2014

    Wrongful Death Suit Revived Against Chemical Mixing Cos.

    A California appellate court on Monday reinstated a wrongful death suit blaming insulation chemical mixing machines for a deceased worker’s lung cancer, finding three machine manufacturers could be sued for releasing carcinogens in another company’s product.

  • April 22, 2014

    Adams & Reese Launches Privacy, Data Security Practice

    Adams & Reese LLP recently formed a privacy and data security practice group, bringing together attorneys with experience in the employment, intellectual property, banking and health care industries.

  • April 22, 2014

    MetLife Sues Inland Over Sexual Harassment Suit Coverage

    Two MetLife Inc. affiliates on Tuesday launched a suit against real estate company Inland American Retail Management LLC, urging a Illinois federal court to rule that its primary and excess policies afford no coverage for a sexual harassment suit brought by a former Inland executive.

  • April 22, 2014

    Telecommuting May Be Reasonable For Ford Worker: 6th Circ.

    Stressing that technology has made telecommuting easier, the Sixth Circuit on Tuesday revived the U.S. Equal Employment Opportunity Commission's claims that Ford Motor Co. had failed to accommodate a worker with irritable bowel syndrome by letting her work from home most days.

  • April 22, 2014

    EEOC Proves Job Offer Wrongly Revoked Over Back Injury

    A Florida federal court handed the U.S. Equal Employment Opportunity Commission a victory in its suit against an injection molding company for allegedly violating disability discrimination law by revoking a job offer because of a worker's old back injury, the agency said Monday.

  • April 22, 2014

    Rising Star: Lieff Cabraser's Daniel Hutchinson

    Spending years in litigation fighting discrimination and unfairness against workers, as well as winning both big dollars and big changes for his clients, Lieff Cabraser Heimann & Bernstein LLP’s Daniel Hutchinson’s tenacity has earned him a spot among Law360’s top employment attorneys under 40.

  • April 22, 2014

    Daiichi Blasts Conditional Cert. Bid In $100M Sex Bias Case

    Daiichi Sankyo Inc. urged a California federal judge on Monday to refuse to grant collective action certification to female sales employees who say the drug company paid them less than their male peers, claiming the plaintiffs wanted the court to use a “toothless” certification standard.

  • April 22, 2014

    Houston Mayor Introduces Human Rights Law

    Houston Mayor Annise Parker Monday on Monday released a draft of a human rights law that would protect residents, workers and visitors in the city from discrimination on the basis of sexual orientation, race and religion in housing, employment and public venues.

  • April 22, 2014

    In NHL Concussion Row, Insurers To Zero In On Violence

    A high-stakes feud broke out last week among the National Hockey League, TIG Insurance Co. and 11 other insurers over hockey players' lawsuits concerning their long-term injuries from concussions, with insurers likely to hone in on claims that the NHL encouraged violent brawls as grounds for challenging coverage.

Expert Analysis

  • Employers: Take Care In Crafting Confidentiality Clauses

    Christopher V. Bacon

    Employers are often surprised to learn that policies explicitly prohibiting employees from discussing salaries are in violation of Section 7 of the National Labor Relations Act, as was recently affirmed in Flex Frac Logistics LLC v. NLRB. However, employers are still entitled to take precautions in order to protect their confidential proprietary information and trade secrets from disclosure by their employees, say Christopher Bacon and Ashlee Grant of Vinson & Elkins LLP.

  • Calif.'s Prevailing Wage Law Will Punish The Noncompliant

    Jeremy C. Wooden

    California’s prevailing wage law may not be the oldest in the country, but it may be the most complex, evolving and litigated. The penalties for contractors and subcontractors who fail to comply with California's law have grown costlier — noncompliance risks up to a three-year ban on the bidding of public works projects in the state, says Jeremy Wooden of Foley & Lardner LLP.

  • Beware 'Jewel' Risks In Lateral Partner Hiring

    Pamela Phillips

    Jewel litigation has been filed after every major law firm bankruptcy in the past 10 years, including Lyon & Lyon, Brobeck, Coudert, Thelen, Heller and Howrey. These lawsuits have produced years of litigation, with similar suits expected in the Dewey bankruptcy. Despite the legal uncertainties surrounding such claims, hiring firms can take steps now to minimize their Jewel risk for any lateral hire, say attorneys with Arnold & Porter LLP.

  • Ill. High Court Holds The Line On Employee Classification

    Michael G. Congiu

    The Illinois Supreme Court recently rejected a constitutional challenge to the Illinois Employee Classification Act from a roofing contractor on the grounds that the law violates procedural due process rights and is impermissibly vague. The court's move confirms the ECA's continued vitality, but it does not resolve other issues sure to arise in future litigation, including whether an employee is "performing services" under the law, say Michael Congiu and Amy Rettberg of Littler Mendelson PC.

  • Reading Between The Whistleblower Headlines

    Shanti Atkins

    The meteoric media rise of the “celebrity” whistleblower has shone a spotlight on the practice, with personalities such as Chelsea Manning and Edward Snowden dividing public opinion on the ethics of spilling secrets. But organizations should pay close attention to the surge in this trend beyond the headlines. Remember, whistleblowers don’t need to be popular to be effective, and opinions on their motives and morality are entirely secondary to the critical issues they potentially uncover, says Shanti Atkins of Navex Global.

  • Heartbleed Rains On The Legal Cloud Parade

    David Houlihan

    While the actual breaches are unknown, Heartbleed has the potential to expose all of a lawyer's files stored or transmitted online. The bug raises professional responsibility questions and offers confirmation of the greatest anxieties that the legal industry has about online practice. In fact, the timing is poor for many legal tech providers, following a general industry warming to cloud offerings, says David Houlihan of Blue Hill Research Inc.

  • Lawful Firings In NY May Hinge On 'Interactive Process'

    Courtney Stieber

    William Jacobsen v. New York City Health and Hospitals Corp. makes clear that, in order to escape trial and prevail on summary judgment, an employer generally must present evidence that it engaged in the "interactive process" regarding employee-requested accommodations. The decision solidifies a line of recent appellate decisions on an employer’s obligations toward disabled employees, say Robert Whitman and Courtney Stieber of Seyfarth Shaw LLP.

  • DC Court Applies Common-Sense Limits To Davis-Bacon Act

    Eric Leonard

    A D.C. federal court recently rejected the U.S. Department of Labor's novel application of the Davis-Bacon Act to a privately funded construction project. The ruling sets an important limitation as government agencies become increasingly creative in putting surplus real estate to use and private companies similarly look for more creative infill development opportunities, say Eric Leonard and Craig Smith of Wiley Rein LLP

  • Will Dodd-Frank’s Diversity Mandates Go Far Enough?

    Doreen E. Lilienfeld

    Section 342 of the Dodd-Frank Act and recent diversity standards proposed by regulated agencies may impact employment and recruiting practices, but it is unclear whether they will actually lead to greater diversity and inclusion at financial services institutions. To begin with, there is no enforcement mechanism under Section 342, and the proposed standards do not mandate reporting, disclosure or other specific actions, say Doreen Lilienfeld and Amy Gitlitz Bennett of Shearman & Sterling LLP.

  • Recent Trend To Expand ERISA Liability Grows

    Neal S. Schelberg

    In a distinct trend, federal courts have found that, depending on the text of the underlying plan documents, unpaid employer contributions due under a collective bargaining agreement may be viewed as plan assets, such that the representatives of an employer who exercise fiduciary control over those plan assets can be held individually liable for the unpaid amounts — together with interest and penalties — under the Employee Retirement Income Security Act, say Neal Schelberg and Aaron Feuer of Proskauer Rose LLP.