Employment

  • May 22, 2018

    McDonald's Hit With 10 Sexual Harassment EEOC Claims

    Ten women and girls in Los Angeles, Chicago and seven other cities have claimed they were sexually harassed by co-workers and managers while working at McDonald’s Corp. restaurants, according to filings with the U.S. Equal Employment Opportunity Commission.

  • May 22, 2018

    Va. School Can't Shake Trans Student's Bathroom Bias Suit

    A Virginia school board that created a policy aimed at keeping a transgender student from using restrooms that match his gender identity will have to face his discrimination claims that made it all the way to the U.S. Supreme Court and back, a federal judge ruled Tuesday.

  • May 22, 2018

    3 Reasons The Epic Systems Ruling Won't Sink #MeToo

    Although the U.S. Supreme Court's blockbuster Epic Systems ruling that gave businesses a green light to use employment contracts to bar workers from bringing class actions will have a far-reaching impact on employment law, attorneys say it won't significantly reduce the volume of sexual harassment cases that arise as part of the #MeToo movement.

  • May 22, 2018

    King & Spalding Draws Rebuke In Bid To Toss Firing Suit

    A New York federal judge on Tuesday rejected King & Spalding LLP’s bid to escape allegations it fired an associate for raising ethical concerns about two partners, saying at a hearing she found it "incredibly hard" to buy the firm's stated reasons for terminating him.

  • May 22, 2018

    Olive Garden Can't Duck Suit Saying Server Called 'Too Dark'

    A Kentucky federal judge on Tuesday refused to let Olive Garden out of a suit accusing the restaurant chain of employee discrimination after a newly hired server alleged she was handed $20 during a training session and told to get a job at Burger King because she was "too dark" to work at Olive Garden.

  • May 22, 2018

    Gorsuch, Ginsburg Go To Mat Again In Class Waiver Case

    U.S. Supreme Court Justice Neil Gorsuch has once again delivered a 5-4 majority opinion over a vigorous dissent from his liberal colleague Justice Ruth Bader Ginsburg, this time clashing in a high-profile dispute over arbitration clauses protecting businesses from worker class actions.

  • May 22, 2018

    Groups Back Trucking Co.'s High Court Arbitration Bid

    A trucking industry lobbying group, a D.C. think tank and a Boston public-interest law firm urged the U.S. Supreme Court on Monday to compel arbitration in a class action accusing New Prime Inc. of failing to pay independent contractor truck-driver apprentices a proper minimum wage.

  • May 22, 2018

    Safety Flubs, Not Race, Got Boeing Worker Fired: 3rd. Circ.

    The Boeing Co. stayed clear Tuesday of an ex-worker’s race bias suit alleging he was fired for being African-American when the Third Circuit ruled that the aerospace giant showed the employee was terminated after multiple safety violations.

  • May 22, 2018

    PF Chang's Gets OK On $6.5M Calif. Wage-And-Hour Deal

    P.F. Chang’s China Bistro Inc. has agreed to pay $6.5 million to a class of approximately 17,000 current and former workers who accused the restaurant chain of wage and hour violations, according to a California federal judge who affirmed the settlement.

  • May 22, 2018

    Workers Hurt In Texas Plant Blast Sue For Over $1M

    Five workers who were injured during a recent explosion and subsequent fire at a Houston-area chemical plant have filed a lawsuit against Kuraray America Inc. in Texas for more than $1 million in damages.

  • May 22, 2018

    VA Can't Nix Bias Suit By Ex-Chaplain With Asperger's

    A Washington, D.C., federal judge on Tuesday refused to toss a lawsuit against the U.S. Department of Veterans Affairs acting secretary from a former chaplain with borderline Asperger's syndrome who claims the agency didn't reasonably accommodate his allegedly "abnormal" way of communicating, but said the case belongs in Illinois federal court.

  • May 22, 2018

    NLRB OKs Boeing Micro Bargaining Unit In Machinists Union

    A National Labor Relations Board officer said about 180 Boeing workers who prep the company’s flagship 787 jets for flight tests can vote on whether to organize with the International Association of Machinists and Aerospace Workers, rejecting the company’s bid for all 2,700 employees who work on the planes to be included in the unit. 

  • May 22, 2018

    Sanofi Must Divulge Docs In FCA Fight Over Cancer Drug

    A Pennsylvania federal judge has ordered Sanofi to hand over hundreds of documents, including any warnings that food and drug regulators may have issued, said to pertain to a suit alleging it marketed off-label uses of a cancer drug. 

  • May 22, 2018

    Ex-Cheerleader Hits Houston Texans With Wage Suit

    A former cheerleader for the NFL's Houston Texans filed a putative class action in Texas federal court Monday claiming she and other cheerleaders were forced to work off the clock and were cut from the squad when they complained about their coach's actions.

  • May 22, 2018

    Contractor Registration Bill Passes NJ Labor Committee

    A New Jersey bill aimed at expanding when public works contractors must register with the state under the Public Works Contractor Registration Act has passed the New Jersey Senate Labor Committee, Democratic lawmakers said Tuesday.

  • May 22, 2018

    Golden Corral Will Pay $3.9M To Settle Overtime Claims

    Golden Corral Corp. has agreed to pay $3.9 million to settle claims that it violated federal and state labor law by paying assistant managers lump sums instead of overtime for training, the workers told an Ohio federal judge, asking her to approve the agreement.

  • May 21, 2018

    Calif. Jury Says NCAA Didn't Defame Ex-USC Coach

    A California state jury found Monday that the NCAA did not defame a former University of Southern California assistant football coach sanctioned for his part in the Reggie Bush scandal, according to attorneys for the NCAA.

  • May 21, 2018

    OPM Should Face Revived Data Breach Suit, DC Circ. Told

    The Electronic Privacy Information Center and dozens of experts are backing a bid to revive multidistrict litigation over a 2015 data breach at the U.S. Office of Personnel Management, telling the D.C. Circuit that the Constitution and recent case law support the ability of plaintiffs to sue federal agencies for failing to protect sensitive data.

  • May 21, 2018

    5 Women Sue USC Claiming Sexual Abuse By Gynecologist

    Five women claim in two separate California state and federal suits Monday that a former University of Southern California gynecologist sexually abused them during their appointments with him.

  • May 21, 2018

    5 Takeaways From Employers' Win On Class Waivers

    The U.S. Supreme Court cleared the way Monday for employers nationwide to require workers to sign away their right to pursue class actions in a blockbuster ruling that attorneys on both sides of the bar agree will translate to millions more workers being bound by class waivers. Here, Law360 looks at five key takeaways from the high court's long-anticipated decision.

Expert Analysis

  • ​A Wage-Analysis Primer For Antitrust Attorneys: Part 1

    Stephen Bronars

    As the U.S. Department of Justice's Antitrust Division attempts to prosecute no-poach and wage-fixing agreements, the wage analyses that are frequently used in employment discrimination cases will become increasingly relevant in the antitrust arena, say Stephen Bronars and Deborah Foster of Edgeworth Economics LLC.

  • Hidden Challenges In Applying New DOL Break Time Guidance

    Kevin Johnson

    The U.S. Department of Labor recently released an opinion letter that says breaks taken as part of intermittent leave under the Family and Medical Leave Act do not need to be compensated. However, it contains a troublesome caveat that threatens to destroy any clarity the letter might otherwise bring to the analysis, says Kevin Johnson of Johnson Jackson LLC.

  • High Court Has Returned Workers To 'Like It Or Lump It' Era

    Scott Oswald

    With Justice Neil Gorsuch’s majority opinion Monday in Epic Systems v. Lewis, the U.S. Supreme Court revives a toxic idea that was common before the New Deal: the fiction that an individual employee’s waiver of rights in an employment agreement is a voluntary tradeoff — not an illegal power grab by the employer at its time of maximum leverage, says Scott Oswald of The Employment Law Group PC.

  • Introducing The Legal Industry To Millennial Business Owners

    Yaima Seigley

    ​The current business climate has produced vast opportunities for seasoned lawyers to create valuable connections with millennial business owners, but first lawyers must cleanse their palate of misconceptions regarding millennials, says Yaima Seigley of Isaac Wiles Burkholder & Teetor LLC.

  • Post-Dynamex: A Narrow Road Ahead For Calif. Trucking Cos.

    Bradford Hughes

    The California Supreme Court's recent opinion in Dynamex Operations West v. Superior Court of Los Angeles County sent shock waves through the entire transportation industry, which has traditionally relied on independent contractors. However, specifically for trucking companies that operate in the Golden State, Dynamex raises a litany of compliance concerns, says Bradford Hughes of Clark Hill PLC.

  • 5 Questions You Should Ask About Your Global Equity Awards

    William Woolston

    U.S. companies venturing into the world of global equity compensation confront a complex, cross-border web of rules and regulations. Victoria Ha and William Woolston of Covington & Burling LLP highlight five critical questions that can help U.S. companies navigate common legal pitfalls, with a focus on some of the most rapidly evolving areas of law.

  • 1st Circ. ADA Decision Turns On 'Essential Function' Doctrine

    John Calhoun

    Initially, the First Circuit’s recent decision in Sepulveda-Vargas v. Caribbean Restaurants — a case involving claims under the Americans with Disabilities Act — may seem counterintuitive. But understanding the court's treatment of two features of the ADA’s "essential function" doctrine will help parties navigate the nuances of these types of lawsuits, says John Calhoun of Choate Hall & Stewart LLP.

  • What #MeToo Means For The Maritime Sector

    Susan Bickley

    The #MeToo movement has highlighted for employers in the maritime industry that they must ensure that seafarers and shore-based personnel experience a work environment free of sexual harassment and assault. Attorneys with Blank Rome LLP examine the unique legal framework that applies to sexual harassment in the maritime context, and how employers are currently addressing incidents and crafting proactive policies.

  • Reducing Retirement Saving Barriers For Gig Workers

    Brett Owens

    Workers in the gig economy are currently not entitled to enjoy a traditional employer-based retirement plan because such plans are subject to stringent rules and only permitted to cover employees, not independent contractors. However, Congress is attempting to address this issue via the recently reintroduced Retirement Enhancement and Savings Act, says Brett Owens of Fisher Phillips.

  • Creating A Better System For Employee Invention Assignment

    Albert Wong

    Whereas a traditional pre-invention assignment agreement focuses solely on assigning legal rights and duties, a more effective contractual approach would braid a traditional, legally enforceable PIAA with a voluntary system focused on enhancing employer-employee collaboration, says Albert Wong of Fish & Richardson PC.