Employment

  • June 20, 2016

    4 Firms Lead The Pack In Global Expansion

    Four law firms are leading BigLaw’s global march, making the biggest gains in international office openings in the industry over the past year through mergers and acquisitions and by opening outposts in locations from Dubai, United Arab Emirates, to Mexico City.

  • June 20, 2016

    Law360 Reveals The Global 20 Firms Of 2016

    For the sixth straight year, Law360 has selected and ranked the 20 law firms that have the biggest global presence and handled the largest, most groundbreaking international and cross-border matters over the past year.

  • June 20, 2016

    Citibank, Staffing Cos. Ink $1M Wage Deal With Workers

    Citigroup Inc. and two employee staffing agencies have agreed to pay $1 million to a proposed class of clerical workers hired to help implement anti-money laundering controls at Citi affiliates who allege the bank and agencies failed to pay overtime wages, according to documents filed in Manhattan federal court Friday.

  • June 20, 2016

    Attys React To High Court's Auto Service Advisers OT Ruling

    The U.S. Supreme Court Monday in Encino Motorcars v. Navarro vacated a Ninth Circuit ruling that auto service advisers should be eligible to receive overtime compensation, ordering the lower court to reconsider the matter without taking into account Labor Department regulations the justices said were issued without adequate explanation. Here, attorneys tell Law360 why the decision is significant.

  • June 20, 2016

    NLRB Waiver Ruling Overreached, Dealership Tells DC Circ.

    A Toyota dealership told the D.C. Circuit on Friday that no deference should be given to the National Labor Relations Board’s order invalidating its mandatory arbitration policy preventing workers from pursuing class actions, because the board didn't properly yield to other federal statutes.

  • June 20, 2016

    Bass Pro Loses 5th Circ. Bid to Escape Discrimination Suit

    Bass Pro Outdoor World Inc. lost its bid to dodge allegations from the U.S. Equal Employment Opportunity Commission of hiring discrimination against minorities in the Fifth Circuit on Friday, with a panel affirming the agency could seek damages while alleging a pattern of discrimination.

  • June 20, 2016

    Labor Dept. Asks To Merge Cases Protesting Fiduciary Rule

    The U.S. Department of Labor has asked a Texas federal court to consolidate three lawsuits from industry and trade groups challenging the department’s new fiduciary rule, arguing the cases are relatively similar and consolidation would expedite the litigation. 

  • June 20, 2016

    Fired Calif. Bar Exec Gets Green Light On Retaliation Claims

    The former California state bar director who alleged that he was fired for exposing the organization's ethical violations can pursue his claims that the bar and some of its leadership retaliated against him and wrongfully fired him, an arbitrator ruled on Friday.

  • June 20, 2016

    Nev. Discriminates Against Inmates With HIV, Feds Say

    The U.S. Department of Justice on Monday said the Nevada Department of Corrections discriminates against inmates with HIV and disabilities by segregating them from other inmates and denying them access to jobs and programs that could lead to early release, as well as opportunities to move to lower-security facilities.

  • June 20, 2016

    Ogletree Deakins Adds Employment Pro From Holland & Hart

    Ogletree Deakins Nash Smoak & Stewart PC has added a former Holland & Hart LLP employment litigator as a shareholder in its Denver, Colorado, office, the firm announced.

  • June 20, 2016

    Antitrust Profs Back Up NCAA In O’Bannon Appeal

    A group of antitrust scholars has urged the U.S. Supreme Court to hear the NCAA’s appeal of Ed O'Bannon Jr.’s lawsuit over compensation for college athletes' images and likenesses, saying the Ninth Circuit ruling makes it too easy for the courts to meddle with organization rules.

  • June 20, 2016

    Miss. Law Poses No Imminent Harm For Gay Pair, Judge Says

    A Mississippi federal judge on Monday refused to grant the American Civil Liberties Union of Mississippi and an engaged same-sex couple a preliminary injunction in their suit challenging a recently enacted bill that provides protection to those who say their religious beliefs are violated by same-sex marriage.

  • June 20, 2016

    EEOC Advises Employers To Update Anti-Harassment Efforts

    Employers should regularly offer and modify their anti-harassment compliance training, and should ensure they have comprehensive anti-harassment policies in place that are frequently communicated to employees, an Equal Employment Opportunity Commission report released on Monday concluded.

  • June 20, 2016

    Contractor Denied Fees After Losing False Claims Row

    Having lost a False Claims Act case, an Army contractor also lost out on a bid for attorney fees Friday, failing to convince a Tennessee federal judge that making the government win a fraction of what it attempted to recover constituted a win.

  • June 20, 2016

    High Court Punts On Auto Service Advisers OT Pay Case

    The U.S. Supreme Court punted Monday on whether car dealership service advisers are exempt from overtime under the Fair Labor Standards Act, issuing a limited ruling ordering the Ninth Circuit to reconsider the matter without taking into account U.S. Department of Labor regulations that the justices said were issued without adequate explanation.

  • June 20, 2016

    High Court To Hear NLRB GC Nomination Appeal

    The U.S. Supreme Court on Monday granted the National Labor Relations Board’s request to review a decision by the D.C. Circuit that an acting NLRB general counsel was improperly nominated.

  • June 17, 2016

    1st Circ. Backs NLRB In Overturning Honda Dealer Pin Ban

    A split First Circuit panel on Friday upheld a National Labor Relations Board decision finding a Massachusetts Honda dealer’s dress code banning pins violated union insignia protections under the National Labor Relations Act. 

  • June 17, 2016

    Whistleblowers Lose 1st Circ. Appeal Of Novartis FCA Suit

    The First Circuit refused Friday to revive a whistleblower suit accusing Novartis Pharmaceuticals Corp. and Genentech Inc. of off-label marketing and providing kickbacks to sell an asthma drug, although the court said the whistleblowers might be able to pursue their state claims.

  • June 17, 2016

    Tech Union Blasts DHS' Revised Work Rule For Foreign Grads

    A technology union lodged a new complaint in D.C. federal court on Friday challenging a revised Department of Homeland Security foreign student work rule, after its prior lawsuit was thrown out as moot when the previous regulation was revised.

  • June 17, 2016

    Verizon, Unions Finalize Strike-Ending Labor Contracts

    Verizon Communications Inc. on Friday said union members have ratified new labor agreements that were tentatively reached in May after a 45-day strike by nearly 40,000 employees objecting to increased reliance on outsourced jobs and offshore call centers as well as changes to health care coverage.

Expert Analysis

  • Employer Wellness Programs: A Look At The New Rules

    Kathy A. Lawler

    The U.S. Equal Employment Opportunity Commission's final rules amending regulations under Title I of the Americans with Disabilities Act and Title II of the Genetic Information Nondiscrimination Act dictate detailed requirements for employer wellness programs. Kathy Lawler and Ajay Gogna at Day Pitney LLP explain what employers should know to satisfy all standards of the new rules.

  • How Auto Dealers Can Prep For DOL's New Overtime Rules

    Christian Scali

    New regulations from the U.S. Department of Labor that more than double minimum salary requirements for white collar workers warrant proactive planning on the part of auto dealers and businesses in general. Specifically, certain employee misclassifications could open up a dealership to substantial and costly overtime liability, say Christian Scali and Jennifer Woo Burns at The Scali Law Firm.

  • Negotiating Cybersecurity Protections For Retirement Plans

    Jeffrey D. Hutchings

    Most retirement plan contracts prepared by third-party administrators and vendors for record-keeping and related services do not provide adequate safeguards relating to data security. It is incumbent on plan sponsors to raise the issue and propose appropriate contractual protections, say attorneys with Pillsbury Winthrop Shaw Pittman LLP.

  • An Uncertain Fate For Class Counsel Fees In Calif.

    Robert J. Gaudet

    Based on oral arguments before the California Supreme Court in Laffitte v. Robert Half International, it seems likely that future class counsel fee requests will be subject to greater scrutiny. The court might adopt a singular reform to bring California in line with federal practice or it might adopt a basket of additional reforms that could turn California into a national innovator, says Robert Gaudet Jr. at RJ Gaudet & Associates LLC.

  • Interpreting EEOC's Transgender Bathroom Fact Sheet

    John A. Schifino

    Complaints filed by North Carolina and other U.S. states allege that policy set forth in the U.S. Equal Employment Opportunity Commission's recent fact sheet detailing bathroom access for transgender employees constitutes “a radical reinterpretation of Title VII and of the Civil Rights Act." However, remedial statutes like Title VII are often given broad construction by the courts, meaning the EEOC’s position may well carry the day... (continued)

  • A Brief History Of Law Firm Cyberattacks

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    The incident at Mossack Fonseca just scratched the surface of demonstrating the lack of cybersecurity resources within the legal sector, says Mark Stevens of Digital Guardian. Here’s a look at the history of events leading up to the latest law firm hack.

  • Will DTSA Whistleblower Protection Be A Game-Changer?

    Michael A. Filoromo III

    There is no dispute that the protections of Section 7(b) of the Defend Trade Secrets Act are received by whistleblower advocates as welcome news. But those representing whistleblowers shouldn't assume the immunity provisions will be construed broadly. It is important that lawyers representing whistleblowers advocate for an interpretation that advances the law's lofty goals, say Michael Filoromo and Matthew LaGarde at Katz Marshall & Banks LLP.

  • Personal Jurisdiction For Foreign Corporations In Fla.

    Rebecca M. Plasencia

    In Daimler v. Bauman the U.S. Supreme Court severely restricted the use of general personal jurisdiction, but left open the question of whether a foreign company can automatically consent to general personal jurisdiction. With the law still in flux, Florida courts might soon find themselves split on this issue, says Rebecca Plasencia at Holland & Knight LLP.

  • Immigrant Job Portability: New Rules Employers Must Know

    Sapna Annicelli

    New U.S. Citizenship and Immigration Services rules expand upon previous guidance on whether a new job offer qualifies as the same or similar occupational classification for candidates with pending green card applications. Sapna Annicelli and Allison Williard at Fragomen Del Rey Bernsen & Loewy LLP explain what employers need to know about the current status of the guidelines and how to ensure compliance.

  • Defining Proportionality: Amended Rule 26's First 6 Months

    Samantha L. Southall

    Case law from the first six months after the amendments to Federal Rule of Civil Procedure 26(b)(1) shows that while courts will limit the scope of discovery when it is truly disproportionate to the needs of the case, they will also order production of easy-to-obtain information, says Samantha Southall at Buchanan Ingersoll & Rooney PC.