Employment

  • May 21, 2018

    BREAKING: High Court Blesses Employers' Use Of Class Waivers

    The U.S. Supreme Court ruled Monday that employment agreements forcing workers to sign away their rights to pursue class action claims are legal, rejecting the National Labor Relations Board’s position that class waivers violate federal labor law.

  • May 18, 2018

    Foley & Lardner Beats DQ In IP Suit Against Patent Atty

    There’s “no basis whatsoever” to grant slot machine game maker High 5 Games’ bid to disqualify Foley & Lardner LLP from representing a former in-house patent attorney who allegedly stole the company’s trade secrets, a New Jersey federal judge ruled Friday, rejecting the plaintiff’s claims that the attorneys accused their own clients of perjury.

  • May 18, 2018

    EEOC Loses Trial Over Rent-A-Center Firing Of Trans Worker

    An Illinois federal jury found Friday that Rent-A-Center East Inc. didn’t illegally fire a transgender employee after she told the company she was transitioning, dealing a loss to the U.S. Equal Employment Opportunity Commission and its argument that the termination flouted federal anti-discrimination law.

  • May 18, 2018

    Fox Ditches Ex-Host’s Cyberstalking, Sexual Harassment Suit

    Former Fox News personality Andrea Tantaros lost her case alleging that when she complained about sexual harassment at the network, its executives and contributors cyberstalked her, with a New York federal judge on Friday finding the suit relied on “speculation and conjecture.”

  • May 18, 2018

    No DQ For Judge In Suit Against Alma Mater, 7th Circ. Says

    An Illinois federal judge who graduated from Bradley University and spoke about his “love affair” with the school was not required to recuse himself from an employment discrimination suit against it, the Seventh Circuit said in an opinion Friday.

  • May 18, 2018

    Tesla Inks $1M OT Deal With Calif. Car Salespeople

    Tesla Inc. reached a $1 million deal Thursday to end a putative class action alleging the electric-car maker failed to pay overtime and provide proper meal and rest breaks to hundreds of California-based owner advisers and sales advisers, according to court filings.

  • May 18, 2018

    Ex-Server At NYC Eatery Drops Worker Mistreatment Suit

    A former server at Manhattan’s acclaimed French seafood restaurant Le Bernardin has ended her proposed class action against the company less than four months after filing it, with a New York federal judge dismissing on Thursday her allegations that the eatery and its owners mistreated employees and ignored sexual harassment.

  • May 18, 2018

    9th Circ. Affirms Staffing Agency's 2nd Try At $4.5M Deal

    The Ninth Circuit affirmed a $4.5 million settlement resolving wage and meal break claims between Labor Ready Southwest Inc. and a class with more than 200,000 members after rejecting the parties’ earlier agreement, finding Friday that the district court adequately examined the deal’s fairness the second time around.

  • May 18, 2018

    Summer Dress Codes: 5 Tips For Employers

    With summer just on the horizon, many employers will make it easier for workers to beat the heat by relaxing dress codes to allow for more casual attire. And while companies have ample legal leeway to loosen the reins on office garb, attorneys say there are still plenty of ways they can trip up. Here, Law360 looks at five things employers should keep in mind when implementing summer dress codes.

  • May 18, 2018

    Chicago Wine Bar Denies 'Copycatting' NYC Restaurant Group

    Two former employees of a New York group of Italian restaurants and wine bars that is suing them for trademark claims under the Lanham Act have urged an Illinois federal court not to close their new Chicago wine bar, arguing the startup’s design and menu are not "copycat" versions that violate the group’s trade dress.

  • May 18, 2018

    Feds Double Down On Union Boss' Graft Retrial

    Manhattan federal prosecutors on Thursday beefed up their case against New York City labor boss Norman Seabrook with a new fraud charge, ahead of a coming retrial over accusations that he took bribes from Platinum Partners in exchange for his union’s investment in the hedge fund.

  • May 18, 2018

    Tesla Whistleblower Suit Paused Amid Arbitration Bid

    Tesla Inc. has been pushing back on a retaliation suit in New Jersey federal court brought by a former employee who said he was demoted and ultimately fired for reporting that the company was selling damaged cars to unsuspecting customers, with the automaker claiming he’s bound by an arbitration clause.

  • May 18, 2018

    Del. Justices OK Toss Of $13M Viacom-Redstone Pay Suit

    The Delaware Supreme Court upheld the dismissal Friday of a shareholder derivative suit that accused the directors of Viacom Inc. of engaging in self-dealing by awarding unearned compensation to ailing board member Sumner Redstone despite his lack of involvement with the company.

  • May 18, 2018

    DOT Aims To Ax Truckers' Bid To Expand Safety Records Suit

    The U.S. Department of Transportation told a D.C. federal court Thursday that independent commercial truck drivers should not be allowed to expand the scope of their suit alleging the DOT mishandled safety citation records that hurt truckers' job prospects and business reputations.

  • May 18, 2018

    OSHA Floats Changes To Crane Operator Qualification Rules

    The Occupational Safety and Health Administration said Friday it is looking to make changes to the certification and evaluation process for crane operators, floating a proposal requiring additional employer evaluations and limiting lifting capacity certification provisions.

  • May 18, 2018

    Motorola Can't Examine Computers In Trade Secret Row

    An Illinois federal magistrate judge rejected Motorola’s bid to examine the computers of workers at a Chinese radio manufacturer in a trade secret battle, saying the discovery had gone far afield of the statutes of limitation question it was meant to address.

  • May 18, 2018

    Drone Maker Hushed Up Bomb-Laden Flight: Whistleblower

    A defense contractor that makes weaponized drones for the military has been accused in California state court of firing an employee who tipped off federal investigators about the company's efforts to cover up an incident in which a worker traveled on a commercial flight with a drone containing a bomb, according to a lawsuit unsealed Friday. 

  • May 18, 2018

    NJ Judges Get $8K Pay Raise Under Law Signed By Gov.

    New Jersey judges will get annual pay increases of $8,000 — their first raise in almost a decade — under legislation that Gov. Phil Murphy signed into law Friday, the same day the state’s chief justice hailed his colleagues’ dedication and efforts while speaking at the state bar association convention.

  • May 18, 2018

    Scholarship Recipient's Wage Suit Against NCAA Time-Barred

    A Pennsylvania federal judge on Thursday dismissed as time-barred a proposed class action alleging the National Collegiate Athletic Association and 20 Division I schools owe college athletes who received athletic scholarships unpaid minimum wages.

  • May 18, 2018

    Calif. Hospital Must Reinstate Canceled Raises, DC Circ. Says

    A California hospital violated federal labor law by canceling anniversary raises for a group of registered nurses without permission from the Service Employees International Union local that represents them, the D.C. Circuit said Friday in an opinion enforcing a National Labor Relations Board order.

Expert Analysis

  • Post-Dynamex: A Narrow Road Ahead For Calif. Trucking Cos.

    Bradford Hughes

    The California Supreme Court's recent opinion in Dynamex Operations West v. Superior Court of Los Angeles County sent shockwaves through the entire transportation industry, which has traditionally relied upon independent contractors. However, specifically for trucking companies that operate in the Golden State, Dynamex raises a litany of compliance concerns, says Bradford Hughes of Clark Hill PLC.

  • 5 Questions You Should Ask About Your Global Equity Awards

    William Woolston

    U.S. companies venturing into the world of global equity compensation confront a complex, cross-border web of rules and regulations. Victoria Ha and William Woolston of Covington & Burling LLP highlight five critical questions that can help U.S. companies navigate common legal pitfalls, with a focus on some of the most rapidly evolving areas of law.

  • 1st Circ. ADA Decision Turns On 'Essential Function' Doctrine

    John Calhoun

    Initially, the First Circuit’s recent decision in Sepulveda-Vargas v. Caribbean Restaurants — a case involving claims under the Americans with Disabilities Act — may seem counterintuitive. But understanding the court's treatment of two features of the ADA’s "essential function" doctrine will help parties navigate the nuances of these types of lawsuits, says John Calhoun of Choate Hall & Stewart LLP.

  • What #MeToo Means For The Maritime Sector

    Susan Bickley

    The #MeToo movement has highlighted for employers in the maritime industry that they must ensure that seafarers and shore-based personnel experience a work environment free of sexual harassment and assault. Attorneys with Blank Rome LLP examine the unique legal framework that applies to sexual harassment in the maritime context, and how employers are currently addressing incidents and crafting proactive policies.

  • Reducing Retirement Saving Barriers For Gig Workers

    Brett Owens

    Workers in the gig economy are currently not entitled to enjoy a traditional employer-based retirement plan because such plans are subject to stringent rules and only permitted to cover employees, not independent contractors. However, Congress is attempting to address this issue via the recently reintroduced Retirement Enhancement and Savings Act, says Brett Owens of Fisher Phillips.

  • Creating A Better System For Employee Invention Assignment

    Albert Wong

    Whereas a traditional pre-invention assignment agreement focuses solely on assigning legal rights and duties, a more effective contractual approach would braid a traditional, legally enforceable PIAA with a voluntary system focused on enhancing employer-employee collaboration, says Albert Wong of Fish & Richardson PC.

  • New Medical Marijuana Challenges For Pa. Employers

    John McDonald

    As access to medical marijuana in Pennsylvania continues to grow — to date, 22 dispensaries have opened throughout the state — employers face fresh concerns about the impact of legalization on their operations as well as their obligations under the law, say John McDonald and Melissa Ferrara of Reed Smith LLP.

  • FCA Questions That High Court May Address Next Term

    Michael Waldman

    Although the U.S. Supreme Court has denied review on 12 False Claims Act-related petitions this term, at least six petitions raising FCA issues currently remain on the docket. And three of them appear to have already piqued the court’s interest, say Michael Waldman and Ralph Mayrell of Robbins Russell Englert Orseck Untereiner & Sauber LLP.

  • Opinion

    Why Won't Judicial Nominees Affirm Brown V. Board Of Ed?

    Franita Tolson

    On May 17, 1954, the U.S. Supreme Court decided Brown v. Board of Education, recognizing a moral and legal truth that should be beyond question in American society. The refusal by some of President Donald Trump's judicial nominees to say whether they believe the case was decided correctly is indicative of the narrow-minded elitism they would bring to the bench, says professor Franita Tolson of the University of Southern California's Gould School of Law.

  • 6th Circ. Church Volunteer Decision Offers FLSA Insights

    Gregory Mersol

    The Sixth Circuit's recent decision in Acosta v. Cathedral Buffet highlights that the key to whether a volunteer at a nonprofit is an employee under the Fair Labor Standards Act is whether they have an expectation of compensation, not why they volunteered in the first place, says Gregory Mersol of BakerHostetler.