Employment

  • June 24, 2022

    Amazon Points To Worker Organizing To Deny Union-Busting

    An attorney for Amazon on Friday told a New York federal judge that the recent union election and intense organizing activity at the online retailer's Staten Island warehouse shows there's been no effort by it to stifle workers' collective bargaining efforts.

  • June 24, 2022

    What Employers Should Do Now That Roe Has Fallen

    The U.S. Supreme Court's decision to overturn Roe v. Wade presents major challenges for employers and health plans, experts say. Here are five things employers should do right now following the decision in Dobbs v. Jackson Women's Health Organization.

  • June 24, 2022

    Disney, Other Cos. Pledge To Cover Workers' Abortion Travel

    Dozens of prominent companies, including Disney, Meta Platforms Inc. and Deutsche Bank, responded to the U.S. Supreme Court's decision Friday overruling Roe v. Wade by saying they will cover employees' costs to travel to another state if needed to obtain a legal abortion.

  • June 24, 2022

    Employment Authority: Momentum In Retail Store Organizing

    Law360 Employment Authority covers the biggest employment cases and trends. Catch up this week with a look into a wave of union organizing at prominent retailers like Starbucks and Chipotle, why employment attorneys should reconsider Title IX as an avenue for sex bias claims, and a new Florida bill that could stymie local efforts to raise minimum wages above what's required by the state.

  • June 24, 2022

    Mortgage Lender Seeks Win In FHA Whistleblower Fraud Suit

    A mortgage lender asked a California federal court to award it a win in a whistleblower suit accusing the company of writing unqualified Federal Housing Administration loans to boost profits, arguing that the whistleblower hasn't shown any fraudulent activity.

  • June 24, 2022

    Dallas Jury Hits Spectrum With $337.5M Verdict In Murder Suit

    A Dallas jury has found that Spectrum owes $337.5 million to the family of an 83-year-old woman who was stabbed to death by a Spectrum internet installer and could increase Spectrum's liability when it returns to court to consider punitive damages.

  • June 24, 2022

    NJ Driver's Arbitration Pact Valid, Lyft Says In Wage Row

    Lyft Inc. told a New Jersey federal court that a driver seeking repayment for allegedly unreimbursed expenses was bound by an arbitration agreement, which the company said was ironclad and enforceable under both federal and state law.

  • June 24, 2022

    3rd Judge On NYC Vax Case Refuses To Step Down

    The third federal judge tapped to oversee a challenge to New York City's vaccine mandate for city workers has issued a statement saying she no longer owns stock in Pfizer after the plaintiffs pressed her on her earlier decision not to recuse herself. 

  • June 24, 2022

    NJ Midyear Report: Disbarment Rethink, Record Access Wins

    The New Jersey Supreme Court in recent months opened the door to reinstating disbarred attorneys and ensured public access to law enforcement records, while lower appellate courts blessed nondisparagement clauses in employment-related settlement agreements and put the burden on personal injury litigants to justify conditions for defense medical examinations.

  • June 24, 2022

    Biden Urges Congress To Undo High Court's 'Tragic Error'

    President Joe Biden on Friday called the U.S. Supreme Court's decision overturning abortion rights a "tragic error" and called on Congress to codify abortion protections into law. 

  • June 24, 2022

    Ex-XFL Commissioner, League Founder Drop Termination Suit

    Former XFL Commissioner Oliver Luck and the football league founder and World Wrestling Entertainment Inc. CEO Vince McMahon have mutually agreed to drop a lawsuit over Luck's pay after his firing in 2020.

  • June 24, 2022

    Jackson Lewis Adds Littler Atty To Run Houston Office

    Employment law firm Jackson Lewis PC has brought on board a former shareholder from Littler Mendelson PC to run its Houston office as managing principal, the firm announced Wednesday.

  • June 24, 2022

    Supreme Court Overturns Roe v. Wade

    The U.S. Supreme Court on Friday upheld a Mississippi abortion ban and overturned the constitutional abortion right established nearly 50 years ago in Roe v. Wade, setting the stage for a widespread rollback of abortion rights in many statehouses around the country.

  • June 23, 2022

    Insurer Wants Out Of Gaming Co.'s Equity Dispute Settlement

    An RSUI unit doesn't have to cover Rush Street Gaming's settlement with an executive who said he was denied an equity stake after the casino company went public, the insurer told an Illinois federal court, saying a liability policy excludes coverage for claims related to compensation and employment agreements.

  • June 23, 2022

    Varvatos Employees' Ch. 11 Bias Suit Loses At 3rd Circ.

    The Third Circuit upheld a lower court's dismissal of a sex bias suit filed by employees of men's clothing retailer John Varvatos Enterprises Inc., ruling that the class of female workers hadn't shown inequitable conduct by the debtor's owners.

  • June 23, 2022

    Chancery Lets Co. Booted From Amazon Project Pursue Suit

    A development group tossed from an Amazon data center project worth more than $500 million over fraud allegations has kept alive much of a Delaware Chancery Court action challenging its removal and accusing its partners of trying to gain control of the deal.

  • June 23, 2022

    Unions Call On FCC To Stop Tegna Go-Private Deal

    Two broadcast industry unions want the Federal Communications Commission to reject Tegna's plan to go private in an $8.6 billion deal with hedge fund Standard General, saying the consolidation of TV stations would harm consumers and workers.

  • June 23, 2022

    Women's Soccer Seeks OK For Pay Deal 6 Years In Making

    The landmark $24 million equal-pay settlement the U.S. women's national soccer team reached in February happened after six years of continued negotiations and thousands of hours reviewing discovery before trial, according to a filing seeking preliminary approval for the deal.

  • June 23, 2022

    11th Circ. Says Tampa Electric Didn't Violate OSHA Guidelines

    Tampa's electric utility can't be held liable for Occupational Safety and Health Administration violations after its workers didn't wear masks while responding to an ammonia leak at a power plant, the Eleventh Circuit has determined.

  • June 23, 2022

    Ex-ADI Engineer Tries To Sink Lone Trade Secrets Conviction

    A former Analog Devices Inc. engineer who was acquitted on all but one charge alleging he stole company trade secrets to jumpstart a side business selling computer chips argued Thursday the lone guilty finding wasn't supported by evidence.

  • June 23, 2022

    Construction Worker Reported To ICE Wins $650K At Trial

    A Boston federal jury has found a construction company and its owner liable for retaliating against an employee by reporting him to immigration authorities after his on-the-job injury triggered a workplace investigation, awarding $650,000 in damages.

  • June 22, 2022

    SEC Fines Brink's For Whistleblower Limits In Employee Pacts

    The U.S. Securities and Exchange Commission announced Wednesday that it has settled with The Brink's Co. over allegations that the security and protection company violated protections in place for whistleblowers by requiring employees to sign restrictive confidentiality agreements without granting them a carveout for potential SEC whistleblowing activity.

  • June 22, 2022

    Calif. High Court Will Consider 'Take-Home' COVID-19 Liability

    The California Supreme Court said Wednesday that it will answer the Ninth Circuit's certified questions on whether companies can be held liable for not doing enough to stop COVID-19 from spreading to their workers' households, in a case brought by a woman suing her husband's employer over her coronavirus infection.

  • June 22, 2022

    Whistleblowing Citibank Analyst Denied Share Of $400M Fine

    A New York federal judge on Wednesday refused to award a Citibank senior risk analyst a cut of the $400 million fine levied against the bank, finding that her whistleblower allegations don't have anything to do with the Office of the Comptroller of the Currency's settlement and resulting penalty.

  • June 22, 2022

    Texas Judge Tells Exec In Trade Secret Case To Stop Working

    A Texas state judge has ordered an executive at an oilfield pump and valve distributor to stop working for his latest company in light of allegations he sold off his last business for $170 million and then took its trade secrets and several employees with him to a competing outfit.

Expert Analysis

  • Opinion

    Now's The Time To Address Archaic Law School Curricula

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    With law school enrollments jumping significantly ahead of a potential recession and more students graduating than the market can absorb, law schools should turn to creative solutions to teach students how to negotiate, work with clients, specialize and use technology to practice their craft more efficiently, says University of Colorado adjunct professor Jason Mendelson.

  • Employer Abortion Policy Considerations In A Post-Roe World

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    Restricted abortion access in many states after the U.S. Supreme Court’s expected reversal of Roe v. Wade may cause corporate recruitment and retention concerns, but before implementing policies that help employees access reproductive care, employers should consider their workforce’s values, legal risks and potential political backlash, says Meredith Kirshenbaum at Goldberg Kohn.

  • High Court Rulings Highlight Arbitration Jurisprudence Shift

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    A study of recent U.S. Supreme Court decisions — including last month's Morgan v. Sundance opinion — suggests a move away from the strong federal preference for arbitration toward a strict textual interpretation of the Federal Arbitration Act, say Chelsea Priest and Margaret Allen at Sidley.

  • Lessons From Lawyer Fee-Sharing Agreements Gone Wrong

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    The recent fee-sharing dispute between Edelson and Girardi Keese is a reminder that lawyers who do not strictly follow the applicable rules may risk a disciplinary complaint, lose their share of the fee, or wind up in costly litigation with co-counsel, says David Grossbaum at Hinshaw.

  • LeClairRyan Bankruptcy Highlights Pass-Through Tax Issue

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    A Virginia bankruptcy court's recent ruling in the case of defunct law firm LeClairRyan shows there may be serious tax consequences for pass-through entity partners who give up their ownership interest without following operating agreement exit provisions and updating bankruptcy court filings, say Edward Schnitzer and Hannah Travaglini at Montgomery McCracken.

  • 8 Steps To Creating A Legal Ops Technology Road Map

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    Legal departments struggling to find and implement the right technologies for their operations should consider creating a road map that summarizes their approach to technology changes, provides clearly defined metrics for success, and serves as the single source of truth for stakeholders, says Melanie Shafer at SimpleLegal.

  • Labor Law Lessons In Amazon's NY COVID Suit Win

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    A New York state court’s recent decision in James v. Amazon, dismissing allegations the company illegally retaliated against workers who raised concerns about COVID-19 safety policies, offers important reminders about federal labor law preemption and scope, says Hannah Redmond at Bond Schoeneck.

  • The Importance Of Data And Data Analysis In Litigation

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    Understanding, analyzing and effectively presenting large data sets is an increasingly important skill in litigation as it allows plaintiffs to dramatically scale up the scope of cases and is often critical to defeating motions to dismiss and motions for summary judgment, says David Burnett at Motley Rice.

  • Justices' Airline Ruling Bolsters Arbitration Course Correction

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    The U.S. Supreme Court’s decision last week in Southwest v. Saxon, together with its May ruling in Morgan v. Sundance, limits the reach of mandatory arbitration and sends a strong message to the federal judiciary, with potentially broad applications in the employment context, says University of Denver professor and Outten & Golden counsel Nantiya Ruan.

  • 2 New Defenses To Federal Shareholder Derivative Claims

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    Increasingly, plaintiffs are bringing Securities Exchange Act claims in derivative suits because they perceive these claims to have advantages compared to traditional fiduciary duty claims, but there are several reasons why plaintiffs are wrong and the flawed assumptions underlying these claims should be tested in court, say Brian Lutz and Michael Kahn at Gibson Dunn.

  • Avoiding Endless Liability From 'Take Home' COVID Claims

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    The Ninth Circuit’s recent certification in Kuciemba v. Victory Woodworks is the latest in a series of cases exploring whether companies can be sued when a third party contracts COVID-19 from an employee’s workplace exposure — and employers will need to take certain steps to avoid seemingly boundless chains of liability, say Karen Wentzel and Cristen Hintze at Squire Patton.

  • ​Boardroom Lessons From Shareholders' Diversity Lawsuits

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    Corporate efforts to promote diversity, equity and inclusion in the workplace are gaining momentum, and shareholder derivative lawsuits offer important lessons on how boards may protect themselves while fostering diverse workforces and safeguarding company goodwill, say attorneys at Covington.

  • Limiting Liability When Using Volunteers: Key Points For Orgs

    Excerpt from Practical Guidance
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    Nonprofits can be liable for their volunteers' actions and omissions, even when volunteers are acting outside the scope of their duties — but organizations have an array of tools at their disposal to mitigate such risks, and should deploy them thoughtfully, say Rosemary Fei and Geena Yu at Adler & Colvin.

  • Steps Companies Can Take To Mitigate Privilege Labeling Risk

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    Although Google prevailed on a recent privilege labeling sanctions motion, an important takeaway from the decision is that companies should assess their in-house procedures and employee training programs regarding privileged communications to mitigate risks of the potential appearance of bad faith privilege claims, say Gareth Evans at Redgrave and e-discovery attorney James Hertsch.

  • What Litigation Funding Disclosure In Delaware May Look Like

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    A standing order issued by Delaware's chief federal judge requiring litigants to disclose whether their cases or defenses are being financed by third parties is unlikely to have onerous effects but may raise questions regarding potential conflicts of interest and access to justice, say Cayse Llorens and Matthew Oxman at LexShares.

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