• September 22, 2017

    7 Employment Cases To Watch At The Supreme Court

    The U.S. Supreme Court's new term will kick off with arguments over whether mandatory arbitration agreements that force workers to sign away their class action rights are legal under federal labor law, and give the justices a chance to decide whether to tackle several other hot-button employment law issues, such as whether Title VII protects workers from discrimination based on their sexual orientation. Here, Law360 looks at seven high court employment cases that are on attorneys’ radar.

  • September 22, 2017

    Ex-Teamsters Chief Faces Beefed-Up Extortion Indictment

    Illinois federal prosecutors have piled on seven counts to the charges against a Teamsters regional leader accused of extorting large sums from a business via threats of work stoppages, including filing false tax returns and false Department of Labor reports, according to court papers filed Friday.

  • September 22, 2017

    EEOC Sues Ill. Casino For Firing Worker With Cancer

    A casino in Chicago’s northwest suburbs violated federal employment law when it denied an employee’s request for additional leave to receive cancer treatment and then fired the employee, the U.S. Equal Employment Opportunity Commission said in a recent suit. 

  • September 22, 2017

    Worker Who Left For HBO Can't Be Held To Unlawful Contract

    The New Jersey Appellate Division on Friday affirmed the dismissal of a software services company’s lawsuit alleging a worker violated her employment contract when she defected for Home Box Office Inc., ruling that the contract was invalid since the suing company unlawfully withheld wages during the worker’s training period.

  • September 22, 2017

    Elbit Accuses Ex-Employee, Competitor Of Trade Secrets Theft

    A maker of helmet-mounted display systems used by military pilots told a Chicago federal judge Thursday that a former employee stole trade secrets for a competitor and used them to wrench away a lucrative foreign military contract.

  • September 22, 2017

    House To Consider Tax Relief For Hurricane Victims

    Individuals affected by Hurricanes Harvey, Irma and Maria may be able to access their retirement accounts without getting penalized, and they may be able to claim bigger tax deductions for property damage under a bill announced Friday.

  • September 22, 2017

    NLRB Again Finds Md. Demolition Cos. Are Joint Employers

    The National Labor Relations Board ordered two Maryland demolition and environmental services companies to meet a Laborers’ International Union of North America unit at the bargaining table Thursday, saying they did not offer evidence to upset an August 2016 finding that they are joint employers.

  • September 22, 2017

    Judge Wants More Info On $9.75M CalPERS Consultant Deal

    A California judge on Friday held off on approving a $9.75 million settlement between an actuarial consultant to the California Public Employees' Retirement System and a class of long-term care insurance policyholders who claim their rates unexpectedly increased, requesting more details about overall possible damages.

  • September 22, 2017

    DOL 'Antagonistic' Toward Contractors, Chamber Says

    The U.S. Department of Labor’s Office of Federal Contract Compliance Programs has abdicated its core mission of ensuring federal contractors give all workers equal employment opportunities in favor of “garnering splashy headlines and securing high-dollar settlements,” the U.S. Chamber of Commerce charged in a report Thursday.

  • September 22, 2017

    Sidley Austin Employment M&A Pro Joins Hogan Lovells

    An executive compensation attorney who worked on SoftBank's purchase of a $20 billion stake in Sprint Nextel and represented Intel in a $7.7 billion acquisition joined Hogan Lovells' Silicon Valley office Thursday from Sidley Austin LLP.

  • September 22, 2017

    EEOC Targets More IHOP Locations Over Sexual Harassment

    Two days after bringing sexual harassment claims against IHOP locations in Illinois, the U.S. Equal Employment Opportunity Commission brought a class action against several franchisees of the restaurant chain in Nevada federal court Thursday, alleging rampant sexual harassment, an illegal policy that discouraged employees from reporting such incidents, and retaliation against workers who complained.

  • September 22, 2017

    TGI Friday's Must Rework $19.1M Wage Deal, Judge Says

    A New York federal judge on Thursday rejected a proposed $19.1 million settlement between a putative class of 28,800 TGI Friday's tipped workers and the restaurant chain, saying it contains confidentiality and release provisions that could not “pass muster.”

  • September 22, 2017

    McCain Opposes ACA Repeal, Imperiling Bill

    Sen. John McCain, R-Ariz., may have derailed the latest attempt to repeal and replace the Affordable Care Act, issuing a statement Friday saying he would not support the bill for its rushed nature and lack of independent analysis.

  • September 22, 2017

    Power Plant Worker Gets Record $7.55M Asbestos Verdict

    A Massachusetts jury has granted a regional record of $7.55 million to a power plant worker who was diagnosed with mesothelioma after working with asbestos at New England Insulation, the worker’s attorneys said Thursday.

  • September 22, 2017

    EEOC Says It Will Float Wellness Rule Update By Mid-2018

    The U.S. Equal Employment Opportunity Commission has set a mid-2018 target for proposing revisions to its regulations covering employer-sponsored wellness programs, according to a status report filed on Thursday in an AARP suit that last month saw the prior rules kicked back to the agency for review.

  • September 22, 2017

    Starbucks' Background Checks Violate FCRA, Suit Says

    Starbucks Corp. was hit with a proposed class action in Georgia federal court Thursday claiming the coffee chain has rejected job applicants based on their consumer reports, without first providing them with a copy of the reports and notifying them of their rights, in violation of the Fair Credit Reporting Act.

  • September 22, 2017

    School Can't Use Med Residents To Get $3M FICA Refund

    A Utah federal judge has denied the University of Utah’s attempt to recoup $2.9 million in taxes the school paid related to its retirement plans, ruling that a Federal Insurance Contribution Act tax exemption for student employees does not apply to medical residents.

  • September 21, 2017

    7th Circ. Revives Ex-Legal Assistant's Age Bias Suit

    A Seventh Circuit panel on Thursday vacated a lower court's dismissal of a former legal assistant's age discrimination suit against the law firm she worked for, though refused to revive her defamation claim.

  • September 21, 2017

    ACA Repeal Would Destabilize Individual Markets, Experts Say

    The latest Republican health care reform proposal would push more upheaval on an already unstable individual insurance market, experts said, pushing out smaller providers and giving those large enough to weather the storm a compliance headache through 50 new sets of state rules.

  • September 21, 2017

    Safeway Seeks To Toss Dozens Of Assistant Manager OT Suits

    Safeway Inc. urged a California judge Thursday to toss dozens of suits in consolidated litigation alleging it shorted certain assistant store managers by misclassifying them as overtime-exempt employees, saying the workers spend more than half their time on supervisory tasks.

Expert Analysis

  • 5th Circ. Dismissal Signals End To Obama Overtime Regs

    Dale Hudson

    The Fifth Circuit's recent approval of the U.S. Department of Labor’s request to dismiss its appeal regarding the Obama administration’s revised overtime regulations likely indicates the end of the proposed amended rule. However, it appears probable that in due course the Trump DOL will issue new regulations that similarly expand those same Fair Labor Standards Act protections, say Dale Hudson and Jeffrey League of Nixon Peabody LLP.

  • Opinion

    Digital Realty Trust V. Somers May Kill Corporate Compliance

    Stephen Kohn

    During its upcoming term, in Digital Realty Trust v. Somers, the U.S. Supreme Court will decide whether employees who report violations internally are protected under Dodd-Frank. If the court requires whistleblowers to report violations directly to the U.S. Securities and Exchange Commission, internal corporate compliance programs will be crippled, says Stephen Kohn of Kohn Kohn & Colapinto LLP.

  • The Role Legal Finance Can Play In Firm Year-End Collections

    Travis Lenkner

    Payment collection delays have caused law firms to seek new options, one of which is litigation finance. In this context, litigation finance can offer alternative avenues to firms as they approach the end of a fiscal year or partnership distribution dates, says Travis Lenkner of Burford Capital LLC.

  • 3 Key Points About Mass. Employee Defamation Claims

    David Henderson

    Massachusetts employers may appreciate a short, unpublished opinion that the Massachusetts Appeals Court issued this summer because it underscores yet again the importance of the conditional privilege that generally is available to protect employers from employee defamation claims, says David Henderson, a partner with Nutter McClennen & Fish LLP.

  • 'Per-Doc' Pricing Can Improve Document Review

    file folder

    Imagine going to a restaurant and ordering your steak medium-rare. The steak arrives burned. You expect the kitchen to bring you another one properly done, right? And you don’t expect to pay for two steaks, do you? Paying a vendor for document review should be no different, says Lisa Prowse, an attorney and vice president at e-discovery firm BIA Inc.

  • When Does An Entry-Level Employee Become Exempt?

    Shlomo Katz

    With September winding down, many recent graduates have already begun their new jobs, and many have likely taken positions that may qualify them for exemption from the minimum wage and overtime requirements of the Fair Labor Standards Act. Shlomo Katz of Brown Rudnick LLP examines when exactly a new employee can qualify for exemption.

  • When A SOX Whistleblower Claim Applies Extraterritorially

     Matthew LaGarde

    The recent decision from the U.S. Department of Labor's Administrative Review Board in Blanchard v. Exelis Systems is important because it makes clear that, so long as the misconduct reported by the employee affects the United States in “some significant way,” the Sarbanes-Oxley Act will apply extraterritorially, says Matthew LaGarde of Katz Marshall & Banks LLP.

  • Implicit Bias' Questionable Role In Employment Litigation

    James McDonald Jr.

    Implicit bias has enjoyed a sustained focus of research and analysis in academia, and it is an increasingly popular topic of discussion among employment lawyers. However, whether implicit bias as a concept has any usefulness in employment discrimination litigation is not at all clear, says James McDonald Jr. of Fisher Phillips.

  • Preparing For New Mass. Pregnancy Accommodations Law

    Mehreen Rasheed

    Massachusetts is the latest state to pass a pregnancy accommodation law, joining 21 other states and Washington, D.C. Like many of the similar state laws, the recently enacted Massachusetts law will expand protections for pregnant employees beyond those available under federal law, say Mehreen Rasheed and Carolyn Wheeler of Katz Marshall & Banks LLP.

  • Opinion

    Time Limit On Asbestos Depositions Threatens Due Process

    Freddy Fonseca

    California’s Senate Bill 632 seeks to impose a seven-hour limit on depositions in asbestos cases at the expense of defendants’ due process rights. All defendants maintain an interest in properly and fairly preparing their defense, and no party should be required to jeopardize that right, says Freddy Fonseca of Manion Gaynor & Manning LLP.