Employment

  • September 17, 2021

    Employment Authority: Tips For Raising Pay, NLRB Remedies

    Law360 Employment Authority covers the biggest employment cases and trends. Catch up this week with a close look at the Ninth Circuit decision that reinstated elements of California's anti-arbitration law, tips for employers thinking about raising workers' wages, and how the NLRB general counsel may find ways for unauthorized immigrant workers to be eligible for remedies under federal labor law.

  • September 17, 2021

    NY Electrical Cos. Violated Union Agreement, 2nd Circ. Affirms

    The Second Circuit affirmed Friday the National Labor Relations Board's decision that three related electrical contracting companies violated the law by not complying with their collective bargaining obligations, finding the board's general counsel can ratify a previous decision by an improperly serving acting general counsel.

  • September 17, 2021

    White NYC Fire Inspectors' Claims Nixed From Race Bias Suit

    A New York federal judge extinguished claims brought by white New York City fire protection inspectors alleging employment discrimination on the basis of race, ruling Thursday that they can't tack "associational" discrimination claims onto viable class claims that the city funnels minority inspectors into lower-paying roles.

  • September 17, 2021

    DOL Claims Race Bias In Hiring At Janitorial Services Co.

    A U.S. Department of Labor watchdog announced Friday it has lodged an administrative complaint against a janitorial company, alleging it discriminated against Black applicants in multiple locations and white applicants at one location in hiring for cleaning positions.

  • September 17, 2021

    CACI Settles No-Poach Claims From Intelligence Workers

    CACI International Inc. has reached a deal over claims in Ohio federal court accusing it of agreeing with Booz Allen Hamilton Inc. and Mission Essential Personnel LLC to not hire each other's employees for intelligence contracting work at a U.S. military installation in England.

  • September 17, 2021

    EEOC Plans To Appeal Disability Bias Case Loss To 5th Circ.

    The Equal Employment Opportunity Commission told a Texas federal judge on Friday it would be appealing to the Fifth Circuit his ruling bringing an end to a lawsuit against Cash Depot accusing it of firing a worker who suffered a stroke and couldn't lift heavy loads, in violation of the Americans with Disabilities Act.

  • September 17, 2021

    Ill. Court Splits Time Limit On Biometric Privacy Claims

    An Illinois state appellate panel said Friday that different limitation periods should be applied to the Biometric Information Privacy Act, ruling that claims rooted in unlawful profiting or disclosure have a one-year limit while informed consent, retention policy and safeguarding claims have a five-year limit.

  • September 17, 2021

    CoreCivic Can't Dodge Officer's Suit Over Body Cavity Search

    A federal judge has ordered private prison giant CoreCivic to face claims that its employee violated the Fourth Amendment by subjecting a corrections officer to a "dehumanizing" body cavity search in the middle of a Georgia prison parking lot.

  • September 17, 2021

    Philly Atty Pushes To Ax Greenblatt Pierce's $5M Fee Claim

    A Philadelphia-based lawyer has urged a state judge to junk a lawsuit from Greenblatt Pierce Funt & Flores LLC seeking a share of legal fees from a $5 million settlement in a wage and hour class action the firm helped pursue against DuPont before ultimately withdrawing from the case.

  • September 17, 2021

    Hyundai Elevates Assistant GC To Chief Legal Officer

    Hyundai Motor North America has promoted its assistant general counsel to serve as the automotive company's chief legal officer, the company announced Friday.

  • September 17, 2021

    CVS Says NY Online Pharmacy Can't Enforce Noncompete

    CVS Pharmacy Inc. hit online pharmacy retailer Capital Rx Inc. with a suit Thursday in Massachusetts federal court claiming the web-based business is trying to keep a former employee from working for CVS in violation of the Bay State's 2018 noncompete reform law.

  • September 16, 2021

    Laborers Say Va. Hemp Co. Stiffed Them Of Wages, Expenses

    A group of five Mexican laborers alleged in a federal Fair Labor Standards Act lawsuit filed Thursday that a Virginia hemp company cheated them out of wages and expenses and then wrongfully terminated them from work during the 2020 season.

  • September 16, 2021

    Insurance Exec Cleared For Work After Tiff With Ex-Employer

    A Georgia federal judge has cleared the way for an insurance underwriter to return to work, but said her former firm doesn't have to rehire her as chief underwriting officer.

  • September 16, 2021

    Withers Adds New Employment Partner In San Francisco

    BigLaw firm Withers added a new partner to its San Francisco employment team after she worked for the firm as a consultant for more than one year.

  • September 16, 2021

    Chubb Says Coke Not Covered For Texas Worker's Injuries

    Chubb Limited Insurance Co. argued in a filing that it has no duty to defend a Coca-Cola bottler in an underlying lawsuit filed by an employee in Texas who was injured in a forklift accident.

  • September 16, 2021

    Trulieve Seeks Exit From Noncompete Row Over Exec Hiring

    Florida-based cannabis company Trulieve has asked a state judge to toss allegations that it interfered in a contractual relationship when it hired a communications director from a rival company, saying the plaintiff had failed to state a proper claim.

  • September 16, 2021

    Indiana Hospital Must Face Suit Over Contractor's Surgery

    An Indiana appeals court said a hospital can't get out of a proposed lawsuit by a patient who claims he suffered a botched gallbladder removal, finding the hospital didn't clearly tell the patient that the operating surgeon wasn't an employee of the facility.

  • September 16, 2021

    Amazon Can't Force Flex Driver To Arbitrate Privacy Claims

    Amazon can't force a Flex driver to arbitrate his claims that the company wiretapped drivers' private Facebook groups where they discussed working conditions, strikes and unionization, a California federal judge ruled Wednesday, saying the claims aren't related to the driver's employment.

  • September 16, 2021

    Lin Wood's Ex-Colleagues Say Hidden Emails Merit Sanctions

    Former colleagues of embattled conservative attorney L. Lin Wood Jr. have called for a second set of sanctions against him in their dispute over the distribution of shared client payments, saying they've uncovered emails proving he has repeatedly lied to a Georgia state trial court and continues to do so.

  • September 16, 2021

    Insurer Fights Landscaper Defense For Human Trafficking Suit

    A Pennsylvania landscaping company can't tap into coverage for a suit alleging a violent human trafficking scheme for migrant labor, according to MMG Insurance Co.'s federal court suit, as the policy bars coverage for the type of expected and intended harm alleged.

  • September 16, 2021

    Apple Wants Fed. Circ. To Rethink Refusal To Toss Patent Suit

    Apple is asking the Federal Circuit to rethink a decision that the tech giant must face a patent lawsuit over its Apple Watch brought by a University of Michigan engineering professor, saying that the ruling retroactively puts the ownership rights of "countless" patents in jeopardy.

  • September 16, 2021

    Court Partly Blocks Aon Rival From Using Trade Secrets

    An Illinois federal judge has partially granted Aon PLC's bid to block a company created by former employees from using allegedly stolen trade secrets or contacting Aon clients, finding the professional services firm likely to succeed on some claims in its suit.

  • September 16, 2021

    MLB Network Settles Fired Makeup Artist's Retaliation Suit

    The Major League Baseball Network has settled a former hair and makeup artist's claims it violated New Jersey state law by denying her sick leave and then allegedly firing her in retaliation, federal court papers filed Thursday show.

  • September 16, 2021

    1st Circ. Revives Ex-Walmart Greeter's Disability Bias Battle

    The First Circuit reinstated a former Walmart greeter's lawsuit alleging the retail giant sacked her for taking time away to manage an injury she suffered on the job, finding "ambiguous job requirements" and "unclear expectations" supported her case.

  • September 15, 2021

    Alleged Colombo Boss Among 14 Charged In Union Scheme

    Alleged Colombo family boss Andrew "Mush" Russo is among 14 charged in a sprawling criminal case that includes allegations of racketeering, extortion and money laundering connected to an attempt to control a labor union and its health care benefits program, according to an indictment unsealed in New York federal court Tuesday.

Expert Analysis

  • Opinion

    Justice Gap Demands Look At New Legal Service Models

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    Current restrictions on how lawyers structure their businesses stand in the way of meaningful access to justice for many Americans, so states should follow the lead of Utah and Florida and test out innovative law firm business models through regulatory sandboxes, says Zachariah DeMeola at the Institute for the Advancement of the American Legal System.

  • Employer Considerations Ahead Of OSHA's Vaccine Rule

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    Paula Ketcham at Schiff Hardin highlights what employers should be on the lookout for when the Occupational Safety and Health Administration announces its emergency temporary standard requiring large employers to mandate COVID-19 vaccines or weekly testing, and offers insights on preparation, existing state laws and more.

  • Cybersecurity Trends Offer Risk-Preparedness Takeaways

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    As cyberattacks on businesses have increased in number and sophistication during the pandemic, trends we uncovered in a recent analysis of Canadian cybersecurity incidents — particularly those concerning ransomware — can inform the information security policies and protocols of organizations worldwide, say attorneys at Blakes.

  • Series

    Embracing ESG: Leidos GC Talks Social Responsibility

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    Recent criticisms of corporate commitments to stakeholders such as employees and communities — implicitly opposing environmental, social and governance initiatives — are fundamentally flawed and display a serious misunderstanding of contemporary investor priorities and dynamics, says Jerald Howe at Leidos.

  • Now More Than Ever, Automakers Must Protect Trade Secrets

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    The development of numerous new vehicle technologies, coupled with supplier consolidation and employee transience, means that automakers must take steps now to protect valuable proprietary information from an increased risk of theft or accidental disclosure, says Jason McCarter at Miller & Martin.

  • Lessons In Crisis Lawyering 20 Years After 9/11

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    Dianne Phillips at Holland & Knight recounts her experiences as in-house counsel at a liquefied natural gas company in the tumultuous aftermath of Sept. 11, 2001, and details the lessons she learned about lawyering in a crisis, including the importance of careful forethought and having trusted advisers on speed dial.

  • Why Structured Data Is Increasingly Important To Your Case

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    During discovery, legal teams often overlook structured data — the rows of information found in financial ledgers and similar corporate systems — and consider it secondary to emails and other anecdotal evidence, but this common mistake could mean litigators are missing key elements of a dispute, say consultants at Alvarez & Marsal.

  • Calif. Cos. Face Tricky Hurdle In Workers' Comp. Recovery

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    California employers suing negligent third parties to recover workers’ compensation benefits paid out on behalf of their employees must consider how the potential for reimbursement could be hindered by a loss of consortium claim from an injured worker’s spouse or partner asserting entitlement to separate recovery of the settlement funds, says Saerim Luciano at Pearlman Brown.

  • Series

    Embracing ESG: AIG Counsel Talks SEC Risk Alert

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    As the U.S. Securities and Exchange Commission responds to the changing landscape on environmental, social and corporate governance investing, including with its recent risk alert, it is imperative that the regulator take a measured approach, says Kate Fuentes at AIG.

  • How SEC's Policy Pivot Supports Whistleblowers

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    The recent U.S. Securities and Exchange Commission rollbacks of 2020 amendments to whistleblower program rules could bolster both whistleblower complaints against public companies and SEC enforcement activity, say attorneys at Kirkland.

  • What The Judiciary's Font Recommendations Can Teach Us

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    The D.C. Circuit's recent soft prohibition on Garamond and the ensuing debates about courts' font preferences should serve as a helpful reminder of a larger point — every departure from convention in legal writing carries some level of risk, says Spencer Short at Stradley Ronon.

  • How Court Ruling, DOE Guidance Change DeVos' Title IX Rule

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    A Massachusetts federal court's recent ruling in Victim Rights Law Center v. Miguel Cardona, striking down a controversial provision of the Trump administration's Title IX regulations, and subsequent Department of Education guidance will have a significant, immediate impact on Title IX investigations at higher education institutions nationwide, say attorneys at Hunton.

  • Texas Negligence Case Holds Lessons For Construction Cos.

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    The Texas Supreme Court's recent decision in JLB Builders v. Hernandez, finding that a general contractor was not liable for a worker's injury, means that contractors can enforce workplace safety policies without exposing themselves to litigation, as long as they draft their contracts carefully, say Travis Brown and Samuel Crecelius at Cokinos Young.

  • Opinion

    Grassley Amendments Are Not The Way To Reform The FCA

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    Instead of discouraging U.S. Department of Justice attempts to root out meritless False Claims Act cases, as Sen. Chuck Grassley's recently proposed amendments would do, Congress should address five real problems with the FCA in order to combat fraud and waste more fairly and efficiently, say attorneys at Wiley.

  • Opinion

    NFL Concussion Settlement Still Underestimated 5 Years Later

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    Since the Third Circuit affirmed the NFL concussion class action settlement in 2016, claimants have received awards two to 10 times higher than many recent plaintiff-favorable multidistrict litigations, in contrast to early criticisms that few would qualify for compensation and awards would be minuscule, says attorney Brad Sohn.

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