Employment

  • June 05, 2020

    Calif. Gives Hollywood A Green Light To Restart Production

    California authorities announced on Friday that the state's entertainment industry can get up and running again by next week, laying out some basic guidelines for restarting production amid the ongoing COVID-19 pandemic.

  • June 05, 2020

    11th Circ. Urged To Mull Test For Fed. Workers' Bias Claims

    A federal employee who recently convinced the U.S. Supreme Court to set a low bar for federal workers to sue under the Age Discrimination in Employment Act pressed the Eleventh Circuit on Friday to extend the high court's two-month-old precedent to employees' Title VII claims. 

  • June 05, 2020

    Trucking Co. Must Face Trimmed Calif. Fixed-Fee Pay Dispute

    A California federal judge indicated Thursday that U.S. Xpress Enterprises Inc. must still face a pared down certified class action alleging it shorted truck drivers on minimum wages, saying there's enough proof that at least some drivers should've been paid for "off-duty" time.

  • June 05, 2020

    NCAA Athlete Case Part Of Social Justice Push, Atty Says

    A recent Ninth Circuit decision striking down NCAA rules limiting education-related benefits for athletes could pave the way for more substantial changes to college sports amid a broader push for racial "fairness and justice" in America, one of the lead attorneys in the case told Law360.

  • June 05, 2020

    Ex-Workers Say They Brought KBR's Fraud To Light

    Two former KBR employees defended their whistleblower suit alleging the company bought unnecessary equipment under a $30 billion defense contract, rejecting the company's assertion that their complaint didn't tell the government anything it didn't know about the purchases.

  • June 05, 2020

    Iowa Justices Revive Coverage Suit Over Park Worker's Death

    The Iowa Supreme Court on Friday sent a coverage suit over the death of an employee of Adventureland Amusement Park back to the state district court, saying the lower court was wrong to rule that a gross negligence pleading forecloses coverage for an "accident."

  • June 05, 2020

    Online Gift Retailer Wants Out Of Ill. Biometrics Suit

    An online gift platform owned by Bed Bath & Beyond has told an Illinois federal court that a proposed class waited too long to accuse it of violating Illinois' landmark biometric privacy law and argued the claims are preempted by the Illinois Workers' Compensation Act.

  • June 05, 2020

    Coronavirus Q&A: King & Spalding's Health Team Leader

    In this edition of Coronavirus Q&A, King & Spalding LLP's national health team leader discusses how health care providers are struggling to resume normal operations, what the pandemic means for M&A, and why COVID-19 will spark a litigation firestorm involving insurance reimbursement, workplace safety, patient deaths and the False Claims Act.

  • June 05, 2020

    Energy Tools Co. Says Rival Poached Employees, Stole IP

    Oil and gas materials manufacturer NRI ATM accused a rival company of poaching two of its essential employees and using them to steal intellectual property in a complaint filed Friday in a Texas federal court.

  • June 05, 2020

    Privacy Risks Lurk In Tech-Heavy Return-To-Work Plans

    With businesses increasingly coming back online amid the novel coronavirus outbreak, employers are turning to an assortment of apps and high-tech gadgets designed to make their workplace safety plans easier to execute, but attorneys warn those technologies come with privacy risks and employee relations headaches.

  • June 05, 2020

    Barnes & Thornburg Scoops Up Labor Partner From Clark Hill

    Barnes & Thornburg LLP has beefed up its presence in Michigan and Illinois with the addition of a partner from Clark Hill PLC who specializes in helping health care and mass transit clients navigate labor issues.

  • June 05, 2020

    Ex-Juul Worker Says 'Terrorizing' NDA Blocks Whistleblowing

    A former manager at Juul Labs Inc. has sued the electronic cigarette maker in California federal court, claiming the company uses the "terrorizing effect" of non-disclosure agreements to tamp down whistleblowing just like traditional cigarette companies have done in the past.

  • June 05, 2020

    BNSF Asks 7th Circ. To Reverse Race Bias Verdict

    BNSF Railway Co. urged the Seventh Circuit on Friday to overturn a $1.3 million judgment for a black conductor who a jury found was fired because of his race, saying he failed to meet his burden of showing white employees were disciplined less harshly.

  • June 05, 2020

    3 Lingering Opportunity Zone Questions Amid The Pandemic

    The COVID-19 pandemic has severely slowed the commercial real estate market as investors are skittish and banks are reluctant to loan, and while the IRS on Thursday provided important relief for investors in opportunity zone projects, questions and hurdles for such deals still remain. Here, Law360 looks at several.

  • June 05, 2020

    Texas Justices OK Worker's $1.7M Win Against W&T Offshore

    The Texas Supreme Court ruled Friday that W&T Offshore Inc. must pay $1.7 million to an injured offshore drilling platform worker after the company failed to secure jury findings to support its defense that he was a "borrowed employee" barred from suing the company for negligence.

  • June 05, 2020

    Calif. Drivers Rip Uber's Bid To Trim Employment Status Suit

    A proposed class of Uber drivers said Thursday they've sufficiently backed up their consolidated suit alleging the ride-hailing giant flouted a California worker classification law by labeling them independent contractors to deny them proper wages, sick leave and expense reimbursements.

  • June 05, 2020

    High Court Ruling May KO 2nd Circ. WWE Injury Appeals

    A Second Circuit panel looked ready Friday to apply recent Supreme Court guidance on timeliness of appeals in consolidated cases, after grouped suits claiming World Wrestling Entertainment hid the risks of head injuries were dismissed by a Connecticut federal judge.

  • June 05, 2020

    Detainees Fight Prison Co.'s Bid To Undo Cert. In Labor Suit

    Detained immigrants accusing CoreCivic Inc. of violating labor laws have urged a California federal judge to reject the private prison giant's bid to overturn their class certification order, arguing that the company is trying to rehash old arguments that the court has already rejected.

  • June 05, 2020

    Ex-Davis Polk Associate Says Bias Claims Are Timely

    A black former Davis Polk & Wardwell LLP associate told a New York federal court Friday that his discrimination suit against the firm should stand, saying in response to a motion to dismiss that the firm and its partners "do not believe their actions are constrained by the law or reality."

  • June 05, 2020

    Contractor Renews Immunity Bid In Coal Worker Injury Suit

    Jacobs Engineering Group Inc. is arguing a recent U.S. Supreme Court decision upended a Tennessee federal judge's prior refusal to grant the contractor immunity from claims it failed to protect workers during a coal ash spill cleanup in Tennessee.

  • June 05, 2020

    IRS Offers Tax Relief For Execs' Nonprofit Volunteer Work

    The Internal Revenue Service proposed guidance Friday that would relieve for-profit businesses from having to pay an unexpected 21% excise tax on the compensation their top executives earn when they volunteer at a related nonprofit organization.

  • June 05, 2020

    Baked Goods Co. Inks $7.6M Deal To End Distributors' OT Suit

    Baked goods maker Flowers Foods Inc. has agreed to pay $7.6 million to end a class action claiming distributors for one of its subsidiaries were cheated out of overtime by being misclassified as independent contractors.

  • June 05, 2020

    Harley-Davidson Worker's Firing Suit Not Preempted By NLRA

    A Pennsylvania federal judge rejected a magistrate's recommendation to throw out a wrongful termination case against Harley-Davidson, instead finding the suit wasn't trumped by the National Labor Relations Act and kicking it to state court. 

  • June 05, 2020

    Trucking Cos. Say No-Poach Deals Meant To Deter Legal Rows

    Trucking companies looking to shut down allegations of a no-poach conspiracy said the drivers behind the case are missing the "straightforward and logical explanation" for why they didn't hire each other's employees — to protect themselves from legal infighting.

  • June 05, 2020

    COVID-19 IP Catch-Up: Publishers, Vodka Co. Head To Court

    In the last week or so, the Internet Archive's library service came under fire, a vodka company that started making hand sanitizer sought to defend its brand name, a convicted intellectual property thief asked to be let out early over the pandemic, and the U.S. Patent and Trademark Office launched a new resource center. 

Expert Analysis

  • 9th Circ. Antitrust Ruling Radically Changes NCAA Sports

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    While a victory for student-athletes, the Ninth Circuit's recent finding that the NCAA violated the Sherman Antitrust Act by restricting grant-in-aid may give schools with wealthy athletic boosters a distinct advantage and make it difficult to maintain a level playing field, say attorneys at Segal McCambridge.

  • Law Firms Must Beware Risks In Nontraditional Financing

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    Law firms in today's financial crisis may be looking at nontraditional arrangements such as portfolio funding or factoring to provide liquidity and cash support, but firms must first consider lawsuits brought against Pierce Bainbridge and other recent developments, says Katherine Toomey at Lewis Baach.

  • Pandemic May Prompt Evolution Of IT Outsourcing

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    As companies transition out of lockdown from the pandemic, information technology outsourcing will see shifts in service locations, regulation, cybersecurity and contractual clauses, says Amy Levin at Seyfarth.

  • 'The Government Said I Could' As A Defense During COVID-19

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    Pursuant to long-recognized due process principles, litigants should be entitled to reasonably rely on governmental directives related to COVID-19, and, in appropriate cases, assert it as complete defense to civil liability, say attorneys at Butler Snow.

  • Cos. Must Prepare For COVID-19 Workers' Comp Claims

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    Businesses should focus on employee health and safety and consider a response plan to address COVID-19 workers’ compensation claims as the virus raises new coverage questions and states take action to protect essential workers, say attorneys at Baker Donelson.

  • Caremark Precedent Should Inform Boards' COVID-19 Duties

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    Directors of Delaware corporation boards should consider the responsibilities established in Caremark as a framework for getting sufficiently involved in COVID-19 decision-making, both to help their corporations navigate this difficult period and to defend against potential duty to monitor claims, say attorneys at Boies Schiller.

  • 2 Tested Alternatives To Unavoidable Court Delays

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    Those seeking resolution in commercial disputes that are stuck in an unavoidable but lengthy court backlog due to the pandemic must consider the advantages of arbitration and mediation over court proceedings, says former U.S. District Judge Shira Scheindlin now at Stroock.

  • Opinion

    Minn. Ruling Represents Sensible Stance On Legal Finance

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    The Minnesota Supreme Court's Maslowski v. Prospect Funding Partners decision this week reaffirms that the doctrine of champerty is archaic, impedes important litigation finance activity, and should be abolished in the handful of states where it remains alive, says Andrew Cohen at Burford Capital.

  • Considerations For Employers Using Virus Prevention Tech

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    Use of mobile apps may enhance COVID-19 prevention and remediation in the workplace but also comes with privacy, safety and labor law compliance risks worth evaluating, say attorneys at Epstein Becker.

  • And Now A Word From The Panel: Pandemic MDLs

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    While it is too soon to know whether the Judicial Panel on Multidistrict Litigation will receive any petitions related to the COVID-19 pandemic, there are lessons to be learned from looking back at the panel's experience with MDLs in the aftermath of past outbreaks, says Alan Rothman at Sidley.

  • Best Practices For A Paperless Law Practice

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    A significant challenge in practicing law remotely is the use and handling of documents without paper, because common digital tools such as email or even secure file transfer applications are problematic, say attorneys at Baker McKenzie.

  • Virus Leave Poses Pay Calculation Issues For Public Agencies

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    Public agencies face hurdles and litigation risks in determining workers’ regular compensation rate for paid leave under the Families First Coronavirus Response Act, despite guidance from Ninth Circuit case law, say Elizabeth Arce and Jennifer Palagi at Liebert Cassidy.

  • Key Insights From DOJ Revised Corporate Compliance Guide

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    Prosecutors and forward-looking companies should carefully attend to new U.S. Department of Justice guidance issued Monday, which brings changes to such core compliance areas as the value of data, the evolution of compliance programs, and foreign legal considerations, say Alejandra Montenegro Almonte and Ann Sultan at Miller & Chevalier.

  • How To Avoid A Legal Mess When Disinfecting Workplaces

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    As companies plan for increased cleaning and disinfection to prevent outbreaks of COVID-19 in the workplace, they must make sure their product usage is consistent with both federal and local rules and guidance, say attorneys at Orrick.

  • Opinion

    Lawyers Must Address Racial Injustice With Radical Candor

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    The legal industry is uniquely positioned, and indeed obligated, to respond to the racial disparities made clear by the recent killings of George Floyd and Breonna Taylor, but lawyers must be willing to be uncomfortable, says Tiffani Lee at Holland & Knight.

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