Employment

  • January 18, 2017

    Ex-Marriott Maid Sues Fla. Hotel For Lost COBRA Coverage

    A former maid for a Marriott International Inc. hotel in Florida federal court on Tuesday filed a proposed class action against the company, saying that her rights to continued health care coverage under the COBRA Act were violated upon her termination in October 2016.

  • January 18, 2017

    States Urge 5th Circ. To Affirm OT Rule Block

    Nevada, Texas and 19 other states urged the Fifth Circuit on Tuesday to affirm an injunction blocking a recent revision to the Department of Labor’s overtime rule, saying the tweaks would cause “irreparable harm on a massive scale” if they took effect.

  • January 18, 2017

    Attorneys Are Split On The Legacy Of Obama's NLRB

    Barack Obama's NLRB was a polarizing one for labor attorneys even by its own relatively partisan standards. While attorneys agree Donald Trump's board will be kinder to business than Obama's has been, attorneys tell Law360 they’re unsure how far the other way the pendulum will swing.

  • January 17, 2017

    Bio-Rad Fired GC For FCPA Leak, Jury Told At Trial’s Start

    A lawyer for Bio-Rad Laboratories Inc.’s ex-general counsel told a California federal jury during opening arguments in his retaliation suit Tuesday that the company fired him for blowing the whistle on its Foreign Corrupt Practices Act compliance in China, while Bio-Rad countered that he was an ill-tempered lawyer terminated for incompetence.

  • January 17, 2017

    9th Justice Will Loom Large Over Class Waiver Case

    With the U.S. Supreme Court set to consider whether businesses can force employees to waive the right to collectively pursue employment-related claims, attorneys say the outcome could hinge on the person President-elect Donald Trump chooses to fill the high court’s vacant seat.

  • January 17, 2017

    Cisco Can't Arbitrate Ex-Worker's Age Discrimination Case

    A San Francisco judge said at a hearing Tuesday that Cisco can’t arbitrate claims brought by a former services product manager suing the company for age discrimination, saying an arbitration clause was so buried in her contract that a reasonable reader would assume it only applied to intellectual property, not employment claims.

  • January 17, 2017

    Stryker Accused Of Firing Specialist For Refusing Surgeries

    Stryker Corp. has been slapped with a whistleblower lawsuit in New Jersey state court by a former specialist alleging that he was fired about a year ago for refusing to perform surgeries without supervision or the certification needed to conduct the procedures on his own.

  • January 17, 2017

    Uber Sues Seattle To Stop New Driver Unionization Rule

    Uber sued the city of Seattle in Washington state court Tuesday to block rules permitting for-hire drivers to participate in collective bargaining opportunities, alleging they run afoul of the state’s constitution.

  • January 17, 2017

    'Apprentice' Contestant Hits Trump With Defamation Suit

    A former “The Apprentice” contestant who publicly accused Donald Trump of having made unwanted sexual advances toward her filed a defamation lawsuit against the president-elect in New York court Tuesday for asserting in Twitter posts and campaign rallies that she concocted the allegations.

  • January 17, 2017

    US, Jacksonville Settle Firefighter Promotion Policy Row

    The federal government and the City of Jacksonville, Florida, have reached a settlement over the city fire department's promotion policies that allegedly have a disproportionately adverse effect on black firefighters, according to documents filed in Florida federal court Friday.

  • January 17, 2017

    Dish Network Must Undo Wage Cut During NLRB Case

    Dish Network Co. must restore a 50 percent pay cut to unionized employees at two Texas facilities while the National Labor Relations Board determines if the company’s action was illegal, a Texas federal judge ruled Saturday.

  • January 17, 2017

    Pilots, Flight Attendants Sue DOT Over Norwegian Air Permit

    A coalition of unions representing pilots and flight attendants has sued the U.S. Department of Transportation in the D.C. Circuit to challenge the agency's grant of a foreign air carrier permit to Norwegian Air Shuttle ASA's Irish subsidiary.

  • January 17, 2017

    Secret Client In JPM Whistleblower Case To Be Named

    The anonymous Client A, who is at the center of a lawsuit against JPMorgan Chase & Co. by an ex-executive who claims the bank fired her for flagging possible fraud, will be identified at trial and may be called as a witness by the former banker, a New York federal judge said Tuesday.

  • January 17, 2017

    Strippers' Attys Inadequate For Wage Suit, Fla. Judge Says

    A Florida federal judge cited numerous shortcomings by counsel representing former dancers at a Florida strip club in a recent order denying them class certification in a wage suit, saying the attorneys failed to show they had the required experience, skill and resources.

  • January 17, 2017

    AARP Asks Full 5th Circ. To Define Retaliation Remedies

    The full Fifth Circuit should review an age discrimination case so it can settle differences between panels on whether employers facing retaliation claims are liable for compensatory damages under federal anti-bias and employment laws, the AARP argued on Monday.

  • January 17, 2017

    Ex-Akin Gump Atty's NY Bias Suit Nixed In Favor Of DC Case

    A New York federal judge on Tuesday tossed a former Akin Gump Strauss Hauer & Feld LLP attorney's $17.3 million discrimination lawsuit against the firm, saying a similar complaint filed prior to this one in the District of Columbia negates her claims.

  • January 17, 2017

    Shepherds Ask Court To End DOL's H-2A Wage Floor

    A group of shepherds challenging a 2015 Department of Labor rule setting a pay floor for long-term livestock workers on temporary H-2A visas urged a D.C. federal court on Monday to deal them a quick win and to find the rule is illegal.

  • January 17, 2017

    NJ Police Immune From Ex-Trooper's ADA Claim: Justices

    The New Jersey Supreme Court on Tuesday affirmed that the state police are immune from an ex-trooper’s accusation that it violated the Americans with Disabilities Act, ruling that the state’s delay in asserting the defense didn’t amount to a waiver.

  • January 17, 2017

    SEC Settles With BlackRock Over Whistleblower Waivers

    The U.S. Securities and Exchange Commission on Tuesday announced a settlement with BlackRock Inc. over allegations that the asset manager made departing employees forgo their right to collect whistleblower awards.

  • January 17, 2017

    Puzder Denies Report He May 'Bail' On Labor Nomination

    Andrew Puzder, the fast food executive whom President-elect Donald Trump tapped to serve as U.S. secretary of labor, on Monday tweeted that he is “looking forward” to his confirmation hearing, amid media reports that he was considering withdrawing himself from consideration for the job.

Expert Analysis

  • It’s Time To Change The Law Firm Business Model

    Lucia Chiocchio

    Every year, statistics reveal very little change in the number of women and minorities in the ranks of partnership. So how do law firms change this painfully slow rate of progress? It takes more than adding a diversity policy or a women’s leadership program to the current law firm business model, says Lucia Chiocchio, co-chair of Cuddy & Feder LLP's telecommunications and land use, zoning & development groups.

  • ADEA At 50: Trends And Predictions For An Aging Workforce

    Chloe J. Roberts

    Enacted on Dec. 15, 1967, the Age Discrimination in Employment Act is celebrating 50 years of protecting older workers, many with families and children requiring financial support, from unemployment and poverty. At this half-century milestone, we should take a moment to analyze the ADEA’s effect on the workforce, says Chloe Roberts of Roberts & Associates Law Firm.

  • Health Care Enforcement Review And 2017 Outlook: Part 3

    Jordan T. Cohen

    While 2016 marked one of the least productive years in the history of Congress, the same cannot be said of health care enforcement and regulatory agencies. Perhaps motivated by the impending change in administration, these agencies promulgated a number of notable regulations in 2016, say attorneys at Mintz Levin Cohn Ferris Glovsky and Popeo PC.

  • The International Scope Of SEC’s Whistleblower Program

    Vincent H. Cohen Jr.

    Around the world, corporate insiders are taking note of the significant awards issued by the U.S. Securities and Exchange Commission's whistleblower program and are more willing than ever to report their perceptions of corporate misconduct. This is an unmistakable call to action for multinational companies, say attorneys with Dechert LLP.

  • Key Trade Secret Developments Of 2016: Part 2

    Randy E. Kahnke

    Our first article in this two-part series focused on the most significant event in trade secret law in many years — the passage of the federal Defend Trade Secrets Act. Now we leave the DTSA and highlight five other trade-secret trends that promise to shape future developments, say attorneys with Faegre Baker Daniels LLP.

  • Amended Rule 37(e): 1 Year Later

    Samantha Southall

    After a full year in effect, the amended Federal Rule of Civil Procedure 37(e) has been tested in a variety of district courts. A sampling of these decisions reveals that courts seem to be adhering closely to the amended rule and ordering adverse inference instructions only where there was intent to deprive another party of access to relevant information, say Carrie Amezcua and Samantha Southall of Buchanan Ingersoll & Rooney PC.

  • Health Care Enforcement Review And 2017 Outlook: Part 2

    Karen S. Lovitch

    In 2016, courts around the country heard cases involving a variety of False Claims Act and other enforcement-related matters. Going forward these case law developments are expected to have an impact on both the scope of FCA liability and the means by which FCA liability can be proven at trial, say attorneys at Mintz Levin Cohn Ferris Glovsky and Popeo PC.

  • Avoiding The Hidden Costs Of Bargain-Priced E-Discovery

    Michael Cousino

    Many organizations are interested in finding electronic discovery partners who offer tantalizingly low prices for electronic discovery services. However, unforeseen gaps, lax security practices, ignorance of global practices and delayed deliverables can all add up to a surprisingly large final cost, says Michael Cousino of Epiq Systems.

  • Employment-Based Immigration And Trump: What To Expect

    Brian J. Coughlin

    As President-elect Donald Trump continues to assemble his cabinet and develop strategies for his first 100 days in office, U.S. employers with temporary foreign workers contemplate an uncertain future. Despite Trump’s prediction that he will in time be regarded as the country’s “greatest jobs president,” many in the international business community remain apprehensive, say Brian Coughlin and David Iannella of Fragomen Del Rey Bernsen & Loewy LLP.

  • Examining Preponderance-Of-Evidence Standard At 7th Circ.

    Cinthia Granados Motley

    In Ramirez v. T&H Lemont, the Seventh Circuit recently reasoned that when sanctioning a party’s misconduct under inherent authority or Federal Rule of Civil Procedure 37, a preponderance of evidence is sufficient. The decision will no doubt extend beyond the requisite proof for discovery-related sanctions and misconduct and provide guidance on the applicable burden of proof in other contexts, say attorneys at Sedgwick LLP.