More Employment Coverage

  • May 11, 2021

    Pepsi Must Cover Med Pot Costs After NJ High Court Ruling

    A New Jersey state appeals court on Tuesday said Pepsi Bottling Group must reimburse a onetime employee for his medical cannabis costs in light of a recent state Supreme Court decision that employers can be compelled to cover those expenses despite the federal marijuana prohibition under the Controlled Substances Act.

  • May 11, 2021

    Greenspoon Marder Adds Former Miami Mayor As Of Counsel

    Greenspoon Marder LLP on Monday announced the hiring of Xavier L. Suarez, a former Miami mayor and ex-Miami-Dade County commissioner, as of counsel out of its Miami office.

  • May 10, 2021

    Former XFL Commish Can't Rush Witness Bid In Firing Suit

    A Connecticut federal judge on Monday denied a request from a former XFL commissioner to speed up consideration of his bid to expand pretrial questioning in his termination suit, a bid league founder Vince McMahon has said is part of a "pattern of abusive and harassing discovery tactics and gamesmanship."

  • May 10, 2021

    Minn. Appeals Court Finally Ends BNSF Worker's Injury Suit

    After twice reviving a suit accusing BNSF Railway Co. of causing a worker's injuries suffered in an on-the-job auto collision, a Minnesota appellate panel on Monday finally affirmed a summary judgment ruling in the railroad's favor, saying certain expert witness testimony was properly excluded.

  • May 10, 2021

    Hertz OT Suit Dismissed After Ch. 11 Settlement Approval

    A Florida overtime lawsuit brought by a class of managers at car rental giant Hertz Global's airport locations was voluntarily dismissed Friday after a Delaware bankruptcy judge approved a Chapter 11 deal that resolved the $75 million in claims.

  • May 10, 2021

    Defend Trade Secrets Act: 5 Years Later, Here's What We Know

    The Defend Trade Secrets Act, which created a federal system of trade secrets law for the first time, turns five years old on Tuesday. To mark the anniversary, Law360 asked legal experts to weigh in on the law that "changed everything and changed nothing."

  • May 07, 2021

    Fed. Circ. Says 'Vexatious' Litigant Can't Sue Raytheon, Intel

    A California federal judge rightly found that a former Raytheon engineer's litigation history with the defense contractor and Intel justifies labeling him a "vexatious litigant" and making him pay a $25,000 security bond to sue them again, the Federal Circuit said Friday.

  • May 07, 2021

    Texas Justices Ax Negligence Suit Against Construction Co.

    Reversing an en banc Dallas appeals court, the Texas Supreme Court on Friday held that general contractor JLB Builders LLC had no control over the work of an injured subcontractor and could not be sued for his on-the-job injuries.

  • May 07, 2021

    Legal Industry Continues Gradual Recovery, Adds 3,800 Jobs

    The legal industry added 3,800 jobs in April, continuing a mostly consistent recovery in employment 12 months after the initial shock of the COVID-19 pandemic last spring, according to preliminary seasonally adjusted figures released by the U.S. Department of Labor on Friday.

  • May 06, 2021

    Ex-Princess Cruise Worker Fights Arbitration In Injury Case

    A former Princess Cruise Lines crew member seeking compensation for a permanent injury has told a California federal court that his claim doesn't belong in arbitration in Bermuda, where the company is incorporated, saying the cruise line effectively waived its right to enforce the terms of the employment agreement's arbitration clause.

  • May 06, 2021

    Wawa Can't Close Out Financial Institutions' Data Breach Suit

    A Pennsylvania federal judge ruled Thursday that Wawa will have to face some claims leveled by financial institutions over a data breach at the convenience store chain, in part because the institutions presented the "stronger argument" that Wawa has a legal duty to protect their private information.

  • May 06, 2021

    Recruitment Firm Says Ex-Worker Raiding Staff, Clients

    A Georgia professional recruitment firm said Tuesday that a former employee had raided its staff and clients in starting his own business, asking a state judge to stop him from making further offers to workers and clients.

  • May 06, 2021

    Ill. Waste Co. Says Ex-Worker Must Arbitrate Retaliation Claim

    An Illinois wastewater processing contractor has asked a state court judge to send to arbitration a former Chicago plant operator's lawsuit claiming the company fired him in retaliation for blowing the whistle on its alleged wastewater mishandling.

  • May 06, 2021

    Cybersecurity Firm Says Rival Is Raiding Workers, Information

    A cybersecurity firm is asking a Georgia federal judge to stop a rival from raiding its employees in what it calls an attempt to steal trade secrets and customers, and to force a former worker to delete any information he took with him to the new job.

  • May 06, 2021

    Adviser May Turn Over WhatsApp Texts In $2.8M Fraud Fight

    An investment adviser may have to turn over WhatsApp messages as part of his former employer's $2.8 million fraud lawsuit after the company complained to a London judge on Thursday that a trove of texts had been destroyed.

  • May 05, 2021

    Calif. High Court Weighs Medical Peer Review Free Speech

    Some California Supreme Court justices appeared skeptical Wednesday when the St. Joseph Health System argued that the medical disciplinary peer-review process is protected by a statute that aims to quickly end lawsuits attacking free speech, with several expressing concern it could have far-reaching consequences.

  • May 05, 2021

    DOJ Says Antitrust Rules Are No Different For Employers

    The U.S. Department of Justice is trying to fend off a bid to dismiss its first criminal case targeting agreements among competitors to not solicit employees, telling a Texas federal court the antitrust laws treat labor markets the same way they do other types of markets.

  • May 05, 2021

    Teen Soccer Phenom Sues League Over 'Unlawful' Age Limit

    A 15-year-old soccer "prodigy" says the National Women's Soccer League's player age limit violates antitrust laws against group boycotts, filing a suit Tuesday in Oregon federal court that asks a judge to force the league to let under-18s play in the 2021 season.

  • May 05, 2021

    Even With Tweak, Workers Fight $12M Wawa Data Breach Deal

    Despite a clarification that a $12 million settlement over a Wawa data breach doesn't release the chain from employees' personal information theft claims, the workers' attorney told a Pennsylvania federal court Wednesday he still hoped to keep his clients out of the deal entirely.

  • May 05, 2021

    Software Exec Tells Ga. Panel $5.4M Payout Is Correct

    The founder and one-time CEO of a software company told the Georgia Court of Appeals Wednesday he earned $5.4 million in compensation and a Tesla under unambiguous and specific language in his employment agreement.

  • May 05, 2021

    Ex-Oil Execs Fight To Get Fraud Claims Out Of England

    Two former executives of crude oil company Arcadia Group told a London appeals court on Wednesday that the terms of their employment block the company from bringing a $339 million conspiracy and fraud suit against them in England.

  • May 04, 2021

    Electric Car Co. Loses Privilege Over Docs On Atty's Firing

    A California federal judge ruled Monday that Faraday Future waived attorney-client privilege on documents surrounding its employment agreement with a former Mayer Brown LLP partner accusing the electric car startup of tricking him into accepting an in-house job, as well as documents connected to his termination.

  • May 04, 2021

    Texas Mutual Wants End To La. Workers' Comp Payment Suit

    Texas Mutual Insurance Co. wants a state appeals court to find that it is not required to reimburse a construction company for workers' compensation benefit payments made to an out-of-state employee, arguing that the trial court's ruling to the contrary would lead to "absurd results."

  • May 04, 2021

    Ex-AT&T Workers Get Second Stab At Foreign Trade Benefits

    The U.S. Department of Labor must reconsider a decision denying former AT&T employees access to a program for American workers replaced by foreign labor, after the U.S. Court of International Trade found Tuesday that the department had failed to consider evidence of outsourcing.

  • May 04, 2021

    Ind. Agency Says State Will Tax Unemployment Compensation

    Indiana will not conform to the federal tax code provision offering a tax exclusion for unemployment compensation, the state Department of Revenue said in guidance about federal tax code changes enacted under legislation providing relief for the coronavirus pandemic.

Expert Analysis

  • Navigating Dems' Whistleblower-Friendly Stance

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    Employers are likely to face robust whistleblower enforcement from newly Democratic state and federal governments, but compliance programs that include clear reporting channels, protocol and protections can mitigate risk while improving productivity and morale, say Gregory Keating and Daniel Green at Epstein Becker.

  • 3 Cybersecurity Questions To Ask Before A Remote Mediation

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    Lawyers preparing to mediate or arbitrate a case through videoconference should take steps to ensure they and their alternative dispute resolution providers are employing reasonable security precautions to protect digital client data and conform to confidentiality obligations, say F. Keith Brown and Michael Koss at ADR Systems.

  • Preventing Employee Brain Injury And Subsequent Litigation

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    Employers who fail to identify and treat traumatic brain injury can end up with catastrophic claims, but safety rules, guidelines, training and personal protective equipment all help avert risk, says Thu Do at Gilson Daub.

  • Why S Corporation Payments Are Almost Always Wages

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    The recent U.S. Tax Court ruling in Lateesa Ward v. Commissioner has employment and income tax lessons about why payments from an S corporation to its sole shareholder are wages and not distributions of profit in most cases, says Bryan Camp at Texas Tech University School of Law.

  • A Uniform Mediation Act Primer As States Continue Adoption

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    With Georgia expected to soon become the 13th jurisdiction to adopt the Uniform Mediation Act and with more states likely to follow suit amid widespread trial delays, practitioners should familiarize themselves with the act's conflict disclosure requirements and the boundaries of its confidentiality provisions, says Richard Mason at MasonADR.

  • Should ITC Adopt Trade Secret Claims Statute Of Limitations?

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    Despite the lack of an explicit statute of limitations in Section 337, there are reasons to argue that, as in district courts, one should apply to unduly delayed trade secret claims at the U.S. International Trade Commission, say Matt Rizzolo and Jolene Wang at Ropes & Gray.

  • Safeguarding Privileged Communications In A Remote World

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    With the pandemic ushering in remote collaboration tools, counsel must revisit fundamentals of the attorney-client privilege and the work-product doctrine, study cases involving email and other recent technologies, and follow 10 best practices to protect confidentiality, say attorneys at DLA Piper.

  • 4 Areas Of Cyberattack Vulnerability For Law Firms

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    Recent data breaches involving Goodwin and Jones Day show that cyberattacks are very real threats to the legal profession, especially in the era of remote work, so law firms should revisit common business practices that expose them to unnecessary risks, says Ara Aslanian at Inverselogic.

  • Trends In Video Game Company Quests To Arbitrate Cases

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    With the recent surge of video game litigation, developers and distributors of games and gaming equipment have seen a measure of success in relegating certain claims to private arbitration — but while the bar for compelling arbitration may be low, it does exist, say Matthew Woods and Austin Miller at Robins Kaplan.

  • Loss Amount Is Shaping PPP Fraud Prosecution Sentencing

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    One of the most determinative factors at sentencing for Paycheck Protection Program fraud is the loss amount, and recent cases show that defendants may have an opportunity to lower it if they can demonstrate legitimate use of any of the funds, say Sami Azhari at Azhari and Michael Leonard at Leonard Meyer.

  • How To Help Your Witnesses Overcome Hindsight Bias

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    Witnesses facing tricky questions from opposing counsel often find themselves engaging in hindsight bias, when they use present knowledge to second-guess past actions, but these problematic thought processes can be overcome during deposition or trial preparation through tough questions and some catharsis, says Merrie Jo Pitera at Litigation Insights.

  • Biden's H1-B Approach Will Benefit Foreign Workers And US

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    President Joe Biden's reversal of Trump-era restrictions on the H-1B program will have a significant positive impact on U.S. employers, potential foreign national applicants and highly skilled noncitizen professionals who can contribute to the American economic engine, says David Jacobson at Warshaw Burstein.

  • NJ 'Reply All' Ethics Opinion Brings New Pitfalls For Attorneys

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    While a recent New Jersey ethics opinion rightly concluded that an attorney cannot claim an ethics violation when opposing counsel replies all to a group email including clients, it runs counter to stances taken by other states and presents new dangers of confidentiality breaches and unfiltered messages to opposing parties, says Roger Plawker at Pashman Stein.

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