Employment

  • September 20, 2017

    Uber Asks 9th Circ. To Decertify Driver Wage Class

    Uber urged the Ninth Circuit at a hearing Wednesday to decertify a class of drivers who say they were misclassified as independent contractors and send their claims to arbitration, saying the drivers’ individual interests preclude certification and that the court’s 2016 decision in another Uber case requires arbitration of individual claims.

  • September 20, 2017

    Data Theft Not Enough To Keep OPM Breach Suit, Judge Says

    A D.C. federal judge on Tuesday nixed multidistrict litigation brought against the U.S. Office of Personnel Management and contractor KeyPoint Government Solutions in the wake of a massive data breach that compromised personal data belonging to 21.5 million current, former and prospective government employees, ruling that the theft of data alone was not enough to establish standing.

  • September 20, 2017

    Ex-Raytheon Engineer's Wrongful Termination Heads To Trial

    A former engineer for Raytheon Co. told a California federal jury Wednesday that the defense contractor fired him from his six-figure job as retaliation for blowing the whistle about alleged "timecard fraud" on government jobs.

  • September 20, 2017

    Financier Named In 'Frivolous' Fox News Suit Seeks Sanctions

    A wealthy Trump supporter accused of pushing a bogus murder conspiracy story on Fox News asked a Manhattan federal judge Tuesday to impose sanctions against a private investigator at the center of the dispute and his attorney for filing a frivolous lawsuit.

  • September 20, 2017

    Rolls-Royce Wants FCA Claims Tossed, Atty DQ'd

    Rolls-Royce North America Inc. told a Texas federal court Tuesday that a former consultant accusing the company of improperly billing the U.S. Air Force for uncertified parts from crashed aircraft has made too-vague allegations and that his counsel once represented Rolls-Royce and should be disqualified.

  • September 20, 2017

    Confusion Over Twins Leads To FCRA Suit Against Avis

    A case of mistaken identity cost a woman a job at car rental company Avis after a background check turned up an “extensive criminal history” that actually belonged to her twin brother, according to a Fair Credit Reporting Act suit filed Wednesday in California federal court.

  • September 20, 2017

    Pa. County Didn't Willfully Flout FLSA, 3rd Circ. Says

    The Third Circuit ruled Wednesday that Pennsylvania’s Lackawanna County didn’t willfully violate the Fair Labor Standards Act when it failed to pay overtime to workers who performed multiple part-time jobs, saying that testimony from county officials generally referencing its FLSA obligations wasn’t enough for the willfulness issue to make it before a jury.

  • September 20, 2017

    DOL's Proposed Fiduciary Rule Delay Draws 131 Comments

    The comment period on the U.S Department of Labor's proposal to delay parts of its fiduciary rule for retirement account advisers closed Friday, with a chorus of industry stakeholders, investor advocates and think tanks weighing in on what freezing key provisions of the rule until July 2019 might mean. Here, Law360 looks at what financial groups, politicians, individuals and others had to say.

  • September 20, 2017

    DeMaurice Smith Elected To Remain NFL Players Union Chief

    National Football League Players Association Executive Director DeMaurice Smith, a former assistant U.S. attorney and BigLaw partner who led the union through contentious negotiations for its last collective bargaining agreement and a series of federal court cases with the league, has been unanimously reelected by a union selection committee, according to a statement from the union president Tuesday.

  • September 20, 2017

    St. Louis Payroll Tax, Development Deals Upheld

    The city of St. Louis has the constitutional right to impose payroll taxes and to make special redevelopment deals that are in the public interest, a Missouri appeals court ruled Tuesday.

  • September 20, 2017

    Del. Court Grapples With Forum In Argentine Toxic Tort Suit

    Delaware’s Supreme Court wrestled with questions of forum Wednesday as attorneys for Argentine tobacco farmers argued that the dismissal of their toxic tort cases against tobacco companies, which had claimed Delaware was an "inconvenient forum," should bind the companies to alternate litigation in Argentina.

  • September 20, 2017

    Senate To Vote On ACA Repeal As Insurers Balk

    The Senate is set to vote next week on the contentious Affordable Care Act repeal measure, a leadership aide said Wednesday, as more groups came out against the embattled legislation.

  • September 20, 2017

    Noncompete Valid But Not Violated, 7th Circ. Rules

    The Seventh Circuit ruled Wednesday that the former owner of a fuel-additive business didn’t violate a noncompete agreement he reached with the purchasers of his company when he subsequently sold his other firm and helped that buyer set up shop.

  • September 20, 2017

    EEOC, Darden Unit Trade Barbs About Sanctions In Bias Row

    The Equal Employment Opportunity Commission told a Florida federal magistrate judge Tuesday that he can still sanction a Darden Restaurants Inc. subsidiary should he find that documents sought in an age discrimination suit regarding the Seasons 52 restaurant chain weren’t destroyed in bad faith, while the company said doing so would flout precedent.

  • September 20, 2017

    NC Bar Gets Suit Over Unauthorized Law Practice Regs Nixed

    The North Carolina bar on Tuesday won a legal battle over its authority to regulate the practice of law launched two years ago by a business association looking to give legal advice to members.

  • September 20, 2017

    OvaScience Board Seeks Derivative Case Transfer To Mass.

    The directors of fertility treatment developer OvaScience Inc. on Tuesday asked a Delaware federal judge to transfer a derivative action filed in the First State to Massachusetts, where the company is headquartered and where similar suits over excessive director compensation have already been filed.

  • September 20, 2017

    General Mills Says Age Bias Class Counsel Needs To Be DQ'd

    General Mills Inc. asked a Minnesota federal court Tuesday to disqualify Snyder & Brandt PA and Nichols Kaster PLLP from representing plaintiffs in an age discrimination collective action, saying they “tainted” the case by not taking adequate measures to prevent a named plaintiff from sharing his knowledge about the company’s litigation strategy.

  • September 20, 2017

    Worker, Voting Rights Dominate Panel On Trump Judge Picks

    Questions on criminal representation, employment issues and voting maps dominated a Senate Judiciary Committee hearing for four of President Donald Trump's picks for federal judicial vacancies Wednesday, including a pair of BigLaw partners.

  • September 20, 2017

    VA Fires DC Center Chief For 2nd Time, Using New Powers

    The U.S. Department of Veterans Affairs has used newly granted powers to fire for the second time the former director of the department's Washington, D.C., VA Medical Center, initially removed after a watchdog report alleging mismanagement but reinstated after challenging his removal, it announced Wednesday.

  • September 20, 2017

    Gov't Fights Sanctions Bid In Ex-Nurse's Privacy Suit

    The federal government urged a New Mexico federal judge Tuesday to deny a request for discovery sanctions from a former nurse who accuses it of spreading detailed information about her physical and sexual assault, claiming it has made every effort to comply with the requests.

Expert Analysis

  • '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.

  • A Guide To The Executive Branch Official Nomination Process

    Adam Raviv

    Although the Trump administration has completed the vetting and confirmation of a cabinet and White House staff, thousands of senior positions remain unfilled throughout the executive branch. More than ever, people selected for those posts find themselves under close scrutiny, say Adam Raviv and Reginald Brown of WilmerHale.

  • East Coast Medical Marijuana Lessons For Nev. Employers

    Laura Jacobsen

    Recent court decisions from the East Coast have held that medical patients terminated for positive medical marijuana test results have valid causes of action against their employers for disability discrimination. Because Nevada law provides some protection for employees who engage in off-duty medical marijuana use, Nevada employers should take important lessons from these cases, says Laura Jacobsen of McDonald Carano LLP.

  • The Equifax Data Breach And Its Impact On Businesses

    Eduard Goodman

    The Equifax breach could trigger a shift in data breach class actions from potential harm to consumers to potential harm to businesses, says Eduard Goodman, chief privacy officer at CyberScout LLC.

  • Potential Perils Of Employer Parental Leave Policies

    Debra Friedman

    In recent years, more and more private companies have been adopting parental benefit policies. However, as demonstrated by the U.S. Equal Employment Opportunity Commission's recent suit against Estée Lauder, the agency is focusing on alleged disparities in employers’ parental benefit policies, and good intentions can lead to unintended consequences, says Debra Friedman of Cozen O'Connor.