Employment

  • May 23, 2016

    DHL To Pay $1.45M To End Workers' Unpaid Wages Suit

    DHL Express (USA) Inc. has agreed to pay $1.45 million to settle a class action accusing the logistics company of underpaying workers by reporting inaccurate time and wage statements, according to a filing in California federal court Monday.

  • May 23, 2016

    AutoZone's $5.7M Deal In Credit Check Suit Gets Tentative OK

    A California federal judge on Monday tentatively approved AutoZone's agreement to pay $5.7 million to end claims the company illegally ran credit checks on 200,000 prospective employees, saying she would likely sign off on the deal after reviewing the parties' revised class notice period.

  • May 23, 2016

    3rd Circ. Tosses Ruling In NJ Turnpike Atty's Harassment Suit

    The Third Circuit on Monday overturned a lower court's ruling against a staff attorney for the New Jersey Turnpike Authority who claims he was harassed due to his frequent absence for military service, finding the district court did not have jurisdiction to weigh in on the claims.

  • May 23, 2016

    Ex-Health Co. VP Says New Evidence Could Dash $25M Verdict

    The former vice president of a health care staffing company who was hit with a $25.4 million verdict in a business dispute with the company's former president on Friday asked the court to defer entering the judgment until his ex-boss turns over evidence recently discovered to be in his possession.

  • May 23, 2016

    Loan Officers Get Conditional Cert. In FLSA Suit

    A New York magistrate judge on Friday granted conditional collective certification to a group of loan officers alleging their employer, the Federal Savings Bank, failed to pay minimum and overtime wages, finding the nationwide employees are linked by a common policy.

  • May 23, 2016

    Justices Offer Clarity For Constructive Discharge Timeline

    The U.S. Supreme Court on Monday pegged the start date of a worker's constructive discharge claim to the time they resign rather than the last alleged act of discrimination they endured, a benchmark that attorneys say eliminates uncertainty for both employers and workers in litigating such claims. Here, Law360 looks at four key takeaways from the high court's decision.

  • May 23, 2016

    NLRB Orders Trucking Co. To Recognize, Bargain With Union

    The National Labor Relations Board has ordered a trucking company to recognize and bargain with a union at a New York site after concluding that its “hallmark” violations of the National Labor Relations Act would make a fair election improbable.

  • May 23, 2016

    NCAA Takes Another Swing At $75M Concussion Settlement

    A revised settlement in the long-simmering dispute between the NCAA and some of its student-athletes would open the door for injured athletes to sue their colleges, according to a newly released proposal that aims to address shortfalls in the past $75 million settlement plan.

  • May 23, 2016

    Va. Judge Slashes Attys' Fee Request In Dollar Tree OT Suit

    A Virginia federal judge approved $1 million in attorneys' fees for the firms representing Dollar Tree employees in a class action overtime suit, slashing the award from the $1.58 million requested on Friday because the firms failed to provide evidence supporting the hours billed. 

  • May 23, 2016

    Brady, NFL Union Say Deflategate May Take Air Out Of CBAs

    New England Patriots quarterback Tom Brady and the NFL players union on Monday asked the Second Circuit to rehear its decision to uphold Brady’s four-game suspension over the Deflategate scandal, arguing the case goes beyond a few allegedly deflated balls and could negatively impact the labor arbitration process in general. 

  • May 23, 2016

    3rd Circ. Says Frack Industry Truckers Not OT Exempt

    The Third Circuit refused Monday to resurrect defenses that two fracking-industry trucking companies have made against their drivers' overtime class action claims, saying the companies failed to prove an interstate commerce exemption to federal labor law protections applied.

  • May 23, 2016

    Cadillac Finance Manager Stole Confidential Info, GM Says

    A General Motors LLC finance manager has refused to fully cooperate with the automotive giant after company investigators determined he transferred sensitive company information about pricing, strategy and other subjects onto a USB drive in breach of multiple contracts, according to a lawsuit filed in New York state court Friday.

  • May 23, 2016

    Attys React To High Court's Constructive Discharge Ruling

    The U.S. Supreme Court ruled Monday that the filing period for a constructive discharge claim starts to run when an employee resigns, rather than the time of an employer's last act of bias that prompted the resignation. Here, attorneys tell Law360 why the Green v. Brennan decision is significant.

  • May 23, 2016

    NLRB Hits Illegal Picketing At Stand-In Verizon Workers' Hotels

    The National Labor Relations Board asked a Massachusetts federal judge to stop the International Brotherhood of Electrical Workers’ picketing of area hotels, which are housing Verizon workers brought in to replace striking employees, arguing Monday that they are illegally attempting to prevent the hotels from doing business with Verizon.

  • May 23, 2016

    3M Won't Have To Arbitrate RFID Trade Secrets Claims

    A Texas appeals court has ruled that 3M Co. can litigate conversion, conspiracy and trade secret theft claims against Star Systems International Ltd., a China-based business founded by former 3M consultants, rejecting its rival’s argument that the claims are intertwined with others sent to arbitration.

  • May 23, 2016

    NFL Tried To Sway NIH Concussion Grants, House Report Says

    The NFL improperly attempted to influence the grant process for a scientific study on the degenerative brain condition known as CTE as part of a $30 million promised donation to the National Institutes of Health, according to findings from a congressional report released Monday.

  • May 23, 2016

    Medtronic, Ex-Sales Rep Settle Alleged Retaliation Suit

    A Texas federal judge on Monday dismissed a False Claims Act retaliation suit against Medtronic PLC after the medical device company and a former employee said earlier this month that they had reached a settlement.

  • May 23, 2016

    2nd Circ. Affirms Win For Citigroup In Retiree Stock Suit

    The Second Circuit on Monday refused to revive a proposed Employee Retirement Income Security Act class action by Citigroup Inc. pension plan participants who argued the bank failed to pull its own stock from 401(k) plans before the 2008 financial crisis.

  • May 23, 2016

    Justices Order New Look At Verizon Pension Suit Post-Spokeo

    The U.S. Supreme Court on Monday kicked back to the Fifth Circuit an appeal from a class of Verizon Communications Inc. retirees who claim the telecom giant mishandled their pension plans by spending billions to purchase an annuities contract, ordering further consideration in light of its recent Spokeo ruling.

  • May 23, 2016

    GOP Unveils New Tactics To Reform ACA Programs

    Republican lawmakers on Monday revealed a new bill to eliminate individual and employer mandates from the Affordable Care Act, and reform rather than repeal the system, including Medicaid changes, adding a universal insurance tax credit and allowing states to opt out of insurance exchanges.

Expert Analysis

  • Scalia’s Vacancy Shifts High Court On Class Actions

    Brian S. Kabateck

    In the wake of U.S. Supreme Court Justice Antonin Scalia’s death the pendulum may already be swinging back in favor of class actions. In fact, the post-Scalia court now sits divided evenly on business litigation issues, or perhaps even favoring consumers for the first time in a long time, say Brian Kabateck and Natalie Pang at Kabateck Brown Kellner LLP.

  • Employee Safety: When A 'Reasonable Response' Isn’t Enough

    Melody L. Rayl

    What happens when, following a criminal incident, an employer's attempt to beef up on-premise workplace security fails to prevent another occurrence? As one recent Missouri case demonstrates, such measures can ultimately put an organization at greater risk and employers can find themselves on the receiving end of a lawsuit they never saw coming, says Melody Rayl at Fisher & Phillips LLP.

  • Gig Economy: Are Your Workers Employees? The 6-Part Test

    Rachel Bien

    Unfortunately, many sharing economy companies have tried to have it both ways — benefiting from the cost savings of calling workers independent contractors while at the same time treating them as employees in most other respects. Guidance from the U.S. Department of Labor suggests that many of these companies have misclassified their workers as independent contractors, say Rachel Bien and Cara Chomski of Outten & Golden LLP.

  • The Deemed Export Rule And Employment Nondiscrimination

    John J. Burke

    For employers that are caught between complying with export control laws and anti-discrimination laws, the U.S. Department of Justice recently issued guidance to help companies navigate these seemingly contradictory requirements. But, while helpful in some areas, the guidance may add to the confusion in other areas, say John Burke and Sabrina Shadi at BakerHostetler LLP.

  • Gig Economy: The Case For Local Regulation Of Ride Apps

    Peter M. Mazer

    “The operation of taxicabs is a local business,” declared the U.S. Supreme Court more than 60 years ago. Hence, standards for on-demand transportation exist at the local or state level to adapt to local needs and the regulatory and political climate of the locality. The onset of ride-sharing has significantly altered this dynamic, says Peter Mazer, general counsel of the Metropolitan Taxicab Board of Trade in New York.

  • The Fight For Streaming Royalties Is Going Over The Top

    Nathaniel L. Bach

    A short-lived class action seeking allegedly unpaid royalties for content that World Wrestling Entertainment sold or licensed to both Netflix and to WWE Network is a free lesson in the challenges that both new and traditional over-the-top licensors may face, and how profit participant plaintiffs might seek to pursue networks and broadcasters for streaming royalties going forward, says Nathaniel Bach of Gibson Dunn & Crutcher LLP.

  • Interpreting Duran V. US Bank In The Aftermath Of Tyson

    Steven D. Allison

    The decisions in Duran v. U.S. Bank and Tyson Foods v. Bouaphakeo seem like mirror images. One approved the use of statistical sampling to establish an employer’s liability, the other rejected the same method in a similar case. But on closer inspection, the U.S. Supreme Court’s reasoning in Tyson is more similar to the California Supreme Court’s in Duran than the outcomes would suggest, say attorneys at Crowell & Moring LLP.

  • How Gov't Contractors Can Avoid Pay Transparency Mishaps

    Alicia J. Samolis

    The final rule implementing the Pay Transparency Act, which requires covered employers to inform employees and applicants of their right to share compensation information, applies to most federal contractors, meaning many will likely have to update their policies using exact language from the Office of Federal Contract Compliance Programs, say Alicia Samolis and Jennifer Luzzi at Partridge Snow & Hahn LLP.

  • Gig Economy: Changes We Need And Changes We Don't Need

    Joseph V. Kennedy

    Many public officials believe that the sharing economy poses novel dangers that require new government powers. This approach is mistaken. Existing regulations give regulators all the authority they need. In some cases, however, existing law needs to be updated — especially labor law, says Joseph Kennedy, a senior fellow with the Information Technology and Innovation Foundation and former chief economist for the U.S. Department of Commerce.

  • Evening The Score: A New Wave Of Equal Pay Act Claims

    Stacie B. Collier

    While the wage discrimination claims filed by the U.S. Women's Soccer Team against the U.S. Soccer Federation don’t present any new or novel issues of law, the case highlights a resurgence of Equal Pay Act claims, based in large part on advocacy to close the national gender pay gap by everyone from famous Hollywood actors to presidential candidates, and now, soccer stars, say Stacie Collier and Steven Nevolis at Nixon Peabody LLP.