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Employment

  • September 25, 2018

    Nuclear Trade Group Gets Quick Win In Database Access Suit

    A Florida federal judge handed the Nuclear Energy Institute a win Tuesday in a dispute with NextEra Energy, ruling that the nuclear industry trade group was within its contractual rights to cut off NextEra's access to a database used for screening nuclear power plant workers after the utility company left the group.

  • September 25, 2018

    Chipotle Asks Texas Panel To Ax $3M Sexual Assault Verdict

    As Chipotle and a former assistant store manager sought to overturn a $3 million jury verdict stemming from the sexual assault of a 16-year-old worker, a Texas appellate judge Tuesday asked whether the manager's defense equates to saying the minor "liked" or "wanted" the assault.

  • September 25, 2018

    Calif. Justices' Input Revives Starbucks Wage Row: 9th Circ.

    The Ninth Circuit on Tuesday revived an ex-Starbucks worker’s putative class action against the coffee giant in light of a recent California Supreme Court ruling in the case holding that state law “doesn’t allow employers to require employees to routinely work for minutes off the clock without compensation.”

  • September 25, 2018

    Hospital Chain To Pay $260M Over False-Billing Claims

    Health Management Associates Inc. agreed to pay more than $260 million to settle allegations that it wrongly pressured physicians to admit more patients to its hospitals’ emergency services departments in order to fraudulently bill the government, the U.S. Department of Justice announced Tuesday.

  • September 25, 2018

    Equinor Settles With Ex-Exec Over Fracking Trade Secrets

    A subsidiary of the erstwhile Statoil has settled its Texas federal lawsuit against a former executive accused of stealing trade secrets from the energy giant to start up a competing business.

  • September 25, 2018

    A Cheat Sheet To Boeing's 'Micro-Unit' Fight At NLRB

    An ongoing National Labor Relations Board battle over whether 178 mechanics at a Boeing plant in South Carolina can unionize hasn't grabbed headlines like some of the board's other undertakings have, but it has drawn outsize attention from corporate America. Here, Law360 brings you up to speed on the case.

  • September 25, 2018

    Athletics Commish Defends NCAA Pay Rules As Trial Wraps

    The America East Conference commissioner defended the NCAA’s rules limiting athlete compensation at the close of a landmark antitrust bench trial Tuesday, walking back public comments she made in February suggesting paying athletes could help level the playing field between schools with different resources.

  • September 25, 2018

    Ex-Google Worker's Retaliation Suit Sent To Arbitration

    A former Google engineer will have to arbitrate claims he was wrongfully fired after railing against a now-public memo by fellow ex-employee James Damore, after a San Francisco judge found Tuesday that his suit didn’t seek public relief and was therefore bound by the technology giant’s employment contract.

  • September 25, 2018

    NJ Housing Agency Can't Shake Whistleblower Suit

    A New Jersey state appellate court on Tuesday partially revived a suit brought by a former employee of the Housing Authority of the City of Passaic who was allegedly terminated in retaliation for questioning the bidding process on two construction projects, finding that the court should have extended time for discovery before ruling.

  • September 25, 2018

    Ex-NLRB Member Hirozawa Settles Back At Gladstein Reif

    Former National Labor Relations Board member Kent Hirozawa, whose term expired two years ago, will return to Gladstein Reif & Meginniss LLP, the union and worker-side firm where he spent nearly two decades prior to joining the board, the firm announced Tuesday.

  • September 25, 2018

    Nike Escapes Employee Suit Over Genitalia Pic Distribution

    A Tennessee federal judge Monday dismissed what he called a confusingly stated claim by a Nike employee that a co-worker distributed photos of his genitals around the workplace, saying the man filed an identical complaint that was dismissed in 2016.

  • September 25, 2018

    EEOC Claims Tossed In Muslim Meatpackers Case

    A Colorado federal judge on Monday tossed pattern-and-practice claims from the U.S. Equal Employment Opportunity Commission against meatpacker JBS USA LLC in a discrimination suit alleging that Muslim workers were denied breaks and fired after they walked off the job during the Muslim holy month of Ramadan.

  • September 25, 2018

    Ex-Game Maker Employee Wants Wages After Surprise Layoffs

    A former Telltale Games Inc. employee has slapped the company with a proposed class action in California federal court alleging the video game maker failed to warn employees about an imminent mass layoff that gutted most of the studio.

  • September 25, 2018

    9th Circ. Hits Brakes On Purple Communications Appeal

    The Ninth Circuit pressed pause on an appeal challenging the National Labor Relations Board’s controversial Purple Communications Inc. ruling that gave workers the green light to use employers’ email systems to conduct union business while the agency mulls whether to roll back the standard.

  • September 25, 2018

    Release Doesn't Bar In-Home Aides' False Billing Claims

    A Pennsylvania federal judge has rejected arguments that separation agreements inked by former Bayada Home Health Care Inc. aides releasing the company from “any and all claims” spell doom for the workers' whistleblower case accusing the company of false Medicare billing practices.

  • September 25, 2018

    9th Circ. Upholds Arbitration In Calif. Tribe, Union Row

    The Ninth Circuit upheld a California federal court ruling that forces the Shingle Springs band of Miwok Indians into arbitration over the firing of two casino workers for their alleged labor union support.

  • September 25, 2018

    Chicago Loews Hotel Hit With Biometrics Suit In Fed. Court

    The Chicago Loews hotel violated the Illinois Biometric Information Privacy Act when it failed to ask for an employee's consent while using his fingerprints as part of a timekeeping system, the worker said in a proposed class action filed Monday in federal court.

  • September 25, 2018

    9th Circ. Dismantles Uber Drivers' Misclassification Suits

    The Ninth Circuit on Tuesday dismantled a class of hundreds of thousands of Uber drivers alleging they were misclassified as independent contractors, handing the ride-hailing giant a major victory in a yearslong battle over whether it has skirted labor laws by considering its drivers to be contractors rather than employees.

  • September 24, 2018

    11th Circ. Revives Hostile Work Claim Based On Racial Slurs

    A former home-care coordinator can pursue claims that she was forced to endure a hostile work environment rampant with racial slurs, the Eleventh Circuit ruled Monday, saying the alleged one-time use of a particular epithet historically used to demean black people was itself serious enough to allow her claim to be heard by a jury.

  • September 24, 2018

    NCAA Athletes Say U. Of Wis. Contradicted Own Chancellor

    Attorneys representing NCAA athletes in a landmark California antitrust trial on Monday sought another chance to question the University of Wisconsin-Madison's chancellor, who recently testified that it might drop its sports department if it had to start paying athletes, saying that testimony was contradicted by the school's recent statement.

Expert Analysis

  • Series

    Judging A Book: Block Reviews 'Tough Cases'

    Judge Frederic Block

    In a new, extraordinary book, "Tough Cases: Judges Tell the Stories of Some of the Hardest Decisions They’ve Ever Made," 13 of my judicial brethren have courageously and dramatically humanized the judicial process, says U.S. District Judge Frederic Block of the Eastern District of New York.

  • Tax Benefits Of Structured Settlements In Employment Cases

    Lars Johnson

    With employment cases on the rise and many statutory provisions favoring plaintiffs, there are settlement-related tax implications that plaintiffs attorneys should be aware of and plan ahead for, say Lars Johnson of Signature Resolution and David Lesser of Millennium Settlements.

  • Tips For Offering Student Loan Benefits Under 401(k) Plans

    Richard Chargar

    The IRS recently allowed an employer to make nonelective 401(k) plan contributions for employees repaying student loans. This private letter ruling is instructive for other employers wishing to provide similar tax-favored benefits for employees unable to contribute to their retirement savings, say attorneys at Kelley Drye & Warren LLP.

  • 8 Innovative Ways To Empower Jurors

    Christopher Campbell

    Much time and attention have been focused on improving lawyers' abilities to communicate with and persuade juries in complex trials. But it is equally important to equip and prepare jurors to become better students in the courtroom, say attorneys with DLA Piper and Litstrat Inc.

  • Navigating The New Mass. Noncompete Morass

    Erik Weibust

    Massachusetts' new noncompete law will take effect on Oct. 1. Erik Weibust and Robert Fisher of Seyfarth Shaw LLP address some of its more confusing provisions and how employers can comply without major disruption to how they are currently doing business.

  • Cloud Computing Clearly The Future For Small Firms

    Holly Urban

    While in-house technology investments on the scale and complexity needed to compete with large firms remain cost prohibitive for small and midsize law firms, cloud-based services offer significant cost savings and productivity gains with little to no capital investment, says Holly Urban of Effortless Legal LLC.

  • Roundup

    Navigating NLRB

    Navigating NLRB

    Employers today face a host of modern labor law issues amid a continually changing political and legal landscape. In this Expert Analysis series, former National Labor Relations Board members provide insights on recent issues before and within the board.

  • EEOC And NLRB Inconsistent On Confidential Investigations

    Mehreen Rasheed

    Although the U.S. Equal Employment Opportunity Commission recommends that employers maintain the confidentiality of internal sexual harassment investigations to the extent possible, this recommendation may conflict with a 2012 ruling by the National Labor Relations Board, says Mehreen Rasheed of Katz Marshall & Banks LLP.

  • Leveraging Today's Lateral Associate Market

    Darin Morgan

    With the Milbank/Cravath pay scale once again equalizing compensation at many Am Law 100 firms, there is even more pressure for firms to differentiate themselves to top lateral associate candidates. This presents strategic considerations for both law firms and lateral candidates throughout the recruitment process, says Darin Morgan of Major Lindsey & Africa.

  • Series

    Navigating NLRB: The Intersection Of Politics And Policy

    Brian Hayes

    Several practical considerations have rendered the process of populating the National Labor Relations Board increasingly partisan. But even in the absence of curative legislation, there are some measures that could improve the practice, says Brian Hayes, former member of the NLRB and shareholder at Ogletree Deakins Nash Smoak & Stewart PC.