Employment

  • March 24, 2017

    Ill. Lawmakers Must Be Paid Despite Budget Impasse: Judge

    Illinois lawmakers must be paid despite the state's historic budget impasse, a Cook County judge ruled Thursday, reversing course for both current Democratic Comptroller Susana Mendoza and her predecessor, Republican Leslie Munger.

  • March 24, 2017

    Oil Cos.' Trade Secrets Row 'Waste Of Time,' Judge Says

    A Texas judge mulling National Oilwell Varco’s requests for sanctions against a Schlumberger unit and the toss of some jury findings following a two-week trade secrets trial scolded both sides during a hearing Friday, telling the competing equipment and service providers in the oil and gas industry that the case represented a waste of time.

  • March 24, 2017

    Atty At Center Of $550M Social Security Fraud Pleads Guilty

    A Kentucky attorney who conspired with an administrative law judge and a psychologist to defraud Social Security of $550 million in disability payments pled guilty in federal court Friday for his role in the scheme, according to a U.S. Department of Justice announcement.

  • March 24, 2017

    1.4 Million Illinois Job Seekers' Info Potentially Hacked

    Gov. Bruce Rauner's office confirmed Friday that a vendor contracted with the state's Department of Employment Security had its data breached earlier this month in a hack that touched the data of 1.4 million job seekers in Illinois.

  • March 24, 2017

    After Repeal Fails, GOP Faces Pressure To Make ACA Work

    The collapse of Republican efforts to repeal and replace the Affordable Care Act leaves GOP lawmakers and President Donald Trump facing strong pressure to help implement a law they have bitterly opposed for years, experts say.

  • March 24, 2017

    EEOC Guidance Draws Fire For Stance On Orientation Bias

    Law firms and LGBT rights advocates were among those who weighed in on the U.S. Equal Employment Opportunity Commission's new workplace harassment guidance before the recent comment deadline, discussing provisions that say Title VII prohibits harassment based on sexual orientation and a perceived paucity of detail on joint-employer liability. Here, Law360 looks at three areas of the proposed guidance that commenters want changed or clarified.

  • March 24, 2017

    BCBG Fights Founder, Wife Over Job Termination In Ch. 11

    Bankrupt women's apparel company BCBG Max Azria Group Inc. on Friday said it should be permitted to avoid making an approximately $7 million golden parachute payment to Lubov Azria, the company’s former chief creative officer and wife of founder Max Azria, calling it a “sound exercise of business judgment.”

  • March 24, 2017

    8th Circ. Rules Cargill's Refusal To Bargain Flouted Labor Law

    The Eighth Circuit in a precedential ruling Friday rejected Cargill Inc.'s challenge to the National Labor Relations Board's conclusion that it engaged in an unfair labor practice by refusing to bargain with a union in protest of its certification as the collective bargaining representative of employees at a California plant.

  • March 24, 2017

    JPMorgan Says Jokes Can't DQ Judge In Whistleblower's Suit

    JPMorgan Chase & Co. on Friday blasted a former executive’s bid to disqualify the New York federal judge handling her retaliation suit against the company, saying the judge’s comment that he “wouldn’t wish the case on [his] worst enemy” was “obviously humorous.”

  • March 24, 2017

    Fifth Third Strikes Another Worker FLSA Deal For $1M

    An Ohio federal judge preliminarily approved on Friday a $1.1 million deal that would resolve the second Fair Labor Standards Act action brought by Fifth Third Bank customer service managers who claim they were misclassified and denied overtime pay.

  • March 24, 2017

    Columbia Law Professor Slaps School With Age Bias Suit

    A Columbia University law professor sued the Ivy League school in New York state court for age discrimination Thursday, alleging he was removed from a course he was teaching in a move to force his retirement by threatening his tenure status.

  • March 24, 2017

    Stryker Unit Fights To Keep DJO Poaching Suit In NJ

    Counsel for a Stryker Corp. unit suing DJO Global Inc. and several of its employees over claims DJO illegally poached Stryker staff clashed Friday with a New Jersey federal judge over whether forum selection clauses in certain noncompete agreements meant New Jersey is the right home for the case.

  • March 24, 2017

    UC Berkeley Star Professor Groped Assistant, Suit Says

    A former research assistant has hit a renowned 84-year-old American philosopher and the regents of the University of California with a wrongful termination suit in California court, alleging the school cut the 24-year-old assistant’s pay after she reported that the professor groped and sexually harassed her for months.

  • March 24, 2017

    Instacart Delivers $4.6M To Escape Labor Suit

    The grocery delivery service Instacart has reached a $4.63 million settlement resolving proposed class action claims that the tech company misclassified its shoppers as independent contractors when they were actually employees so the company didn’t have to pay minimum wages or overtime, according to court documents filed in Los Angeles Superior court.

  • March 24, 2017

    Swift Slams Drivers' Bid To Restart Class Suit Pending Appeal

    Swift Transportation Co. slammed a group of drivers’ bid to restart their proposed class action alleging the company misclassified drivers as independent contractors, saying Thursday that the Ninth Circuit is still weighing its appeal of an Arizona ruling that its drivers’ contractor agreements were contracts of employment.

  • March 24, 2017

    Judge Body-Slams WWE, Wrestlers Over Lengthy Briefs

    A Connecticut federal judge on Friday skewered World Wrestling Entertainment Inc. and a pair of former wrestlers that claim the dangers of repeated head traumas were hidden from them, telling both sides their briefs for a summary judgment bid were far too long.

  • March 24, 2017

    Home Depot Must Face Suit Over Employee's Murder: 7th Circ.

    The Seventh Circuit on Friday revived a case seeking to hold Home Depot responsible for the murder and rape of a pregnant employee at an offsite event, saying that the home improvement chain allowed the murderer to have supervision over the employee even after it knew he had a history of harassing female subordinates.

  • March 24, 2017

    Baker Urges 7th Circ. To End Ex-Employee's Retaliation Suit

    Baker & McKenzie Thursday asked the Seventh Circuit to reject a former secretary’s retaliation complaint, saying she was rehashing a complaint dismissed four years ago.

  • March 24, 2017

    Calif. Judges’ Recession Raises 'Absurd,' Appeals Court Told

    A California deputy attorney general argued to a state appellate panel that a lower court misinterpreted a state law regarding salary increases for state judicial officers, resulting in the “absurd consequence” of finding them entitled to a pay raise during the state’s fiscal crisis.

  • March 24, 2017

    NJ Transit Employees Get Suit Against Law Firm Reinstated

    The New Jersey Appellate Division on Friday revived a lawsuit against employment law firm Smith Mullin PC by four former clients who had sued New Jersey Transit, ruling that the trial court judge who found the plaintiffs’ responses to discovery requirements inadequate hadn't actually reviewed them.

Expert Analysis

  • Limiting Presidential Powers At The High Court

    Steven M. Swirsky

    The U.S. Supreme Court’s recent ruling in National Labor Relations Board v. SW General certainly has the potential to genuinely impact the Trump administration. However, the real consequences of the court’s ruling to employers, unions and others with business before the board may become apparent after NLRB general counsel Richard Griffin's four-year term expires in November, say Steven Swirsky and Laura Monaco of Epstein Becker & Green PC.

  • Google, NASA, Planes And A Stronger Legal Team

    Nicholas Cheolas

    Why did minor mechanical issues bring down two airplanes, while a catastrophic engine explosion did not bring down a third? The answers lie, in part, in research conducted by NASA in the wake of those crashes and, more recently, by Google. And those answers can help organizations build better teams to meet today’s legal industry challenges, says Nicholas Cheolas of Zelle LLP.

  • What Cos. Must Know About Social Media And Insurance

    Mikaela Whitman

    The instantaneous worldwide access that social media provides, with the ability to repurpose information in the public domain, can multiply a company's liability exposure with a single click. Mikaela Whitman of Liner LLP discusses what steps to take in order to maximize available insurance coverage for social media claims.

  • Delays And Uncertainty Surround Trump's Latest Travel Ban

    Maria Fernanda Gandarez

    As the constitutionality of President Donald Trump's latest immigration-related executive order is pending, the administration is cracking down on immigration benefits more generally, and employers may want to exercise extreme caution before having nationals of the EO's six designated countries travel internationally, say Maria Fernanda Gandarez and Matthew Kolodziej of Ogletree Deakins Nash Smoak & Stewart PC.

  • 10 Tips For Better Legal Negotiations

    Marc J. Siegel

    Like everything else, the art of negotiation starts by having a conversation. It’s about being respectful, finding common ground, knowing what you want and, most importantly, listening. A conversation between two lawyers can be complicated at best, but by employing a few techniques and tactics, it doesn’t have to be that way, says Marc Siegel of Siegel & Dolan Ltd.

  • How A Tweet With No Words Could Impact NY Labor Law

    Laurent S. Drogin

    When now-former New York Post writer Bart Hubbuch sued his former employer for firing him over a tweet last month, he roused Section 201-d of the New York Labor Law from its slumber. Few employers are likely aware this law exists and it remains to be seen whether media attention from this case will motivate attorneys who represent employees to add the law to their toolbox, says Laurent Drogin of Tarter Krinsky & Drogin LLP.

  • The Latest On Statistical Sampling In FCA Cases

    Demme Doufekias

    Although the Fourth Circuit's recent Agape decision failed to provide the more definitive guidance about statistical sampling that False Claims Act practitioners on both sides were hoping for, it does offer an opportunity to look at trends emerging from recent settlements and court decisions involving sampling, say Demme Doufekias and Catherine Chapple of Morrison & Foerster LLP.

  • Monthly Column

    Gray Matters: Decision Error

    Gray Matters

    Lawyers make hundreds of decisions during the course of advising a client, consummating a transaction or litigating a case. In this new column, dispute resolution experts Bob Creo and Selina Shultz explore the theory, science and practical aspects of how decisions are made in the legal community.

  • 4th Circ. Joint Employer Test Is Incredibly Broad

    Kurt G. Larkin

    The Fourth Circuit’s recent panel decision in Salinas v. Commercial Interiors, which creates an altogether new and incredibly broad joint employment standard under the Fair Labor Standards Act, makes the National Labor Relations Board’s Browning-Ferris joint employment standard seem temperate at best, say Kurt Larkin and Ryan Glasgow of Hunton & Williams LLP.

  • Law Schools And Law Firms: Seeking Common Ground

    Randy Gordon

    What we don’t know is whether the teaching and practice of law are undergoing massive structural changes or we’re still digging out from the worst economic collapse since the Depression. But what we do know is that the missions of the most forward-looking law schools and law firms are converging in ways that were unimaginable 10 years ago, says Randy Gordon, a partner at Gardere Wynne Sewell LLP and executive professor of law at Te... (continued)