Employment

  • October 18, 2019

    DLA Piper Atty Gives Firm 2 Days To Decide On Arbitration

    A lawyer for a DLA Piper partner who claims she was punished for accusing a top partner of sexual assault said in an open letter Friday that they will proceed as if the firm has released her from a mandatory arbitration agreement unless they hear otherwise by Sunday night.

  • October 18, 2019

    Safeway Gets Nod For $12M PAGA Deal Ending Seating Suit

    A California judge on Friday approved Safeway Inc.’s $12 million deal to end allegations the grocery store chain violated the Golden State's Private Attorneys General Act by failing to provide seats to 30,182 cashiers.

  • October 18, 2019

    11th Circ. Affirms Ex-Cruise Worker Can't Ax Arbitration Loss

    An Eleventh Circuit panel has affirmed a former Carnival Corp. cruise line worker cannot vacate an arbitrator's ruling that denied her claim for damages over carpal tunnel-related injuries, finding the award does not violate U.S. public policy.

  • October 18, 2019

    Telecom Co. Seeks Wage And Hour Suit Coverage At 9th Circ.

    Telecommunications provider U.S. Telepacific Corp. has urged the Ninth Circuit to rule that U.S. Specialty Insurance Co. must help cover its costs to defend a proposed class action alleging it failed to pay account managers overtime, saying a federal judge used an overly strict legal standard and misapplied a pair of policy exclusions.

  • October 18, 2019

    Uber Says Mass. Driver Must Arbitrate Misclassification Suit

    Uber told a federal court a Massachusetts driver must arbitrate proposed class claims the ride-hailing giant misclassified drivers as independent contractors and shorted their pay and tips, saying he does not qualify as a transportation worker who should be exempt from arbitration.

  • October 18, 2019

    6th Circ. Won't Revive Bias Suit For Broadly Worded Release

    The Sixth Circuit refused Friday to revive an Ohio construction worker’s lawsuit claiming he was discriminated against for having a disability and retaliated against for getting workers' compensation, rejecting his argument that a release he signed was too vague to preclude his case. 

  • October 18, 2019

    Ill. Loan Officers Seek Final OK Of $5M Deal In Wage Suit

    A class of loan officers from American Bank and Trust's mortgage division has asked an Illinois federal judge Thursday for a final signoff on a $5 million deal to settle their wage and hour suit with the bank.

  • October 18, 2019

    Beef Co. Held In Contempt In NLRB Anti-Union Practices Suit

    A Nebraska federal judge has held a beef processing plant in contempt for not bargaining with a United Food and Commercial Workers local in good faith, calling the company's offer to bargain on days it knew union officials had to be elsewhere "petty gamesmanship."

  • October 18, 2019

    Shumaker Loop Beats DQ Bid From Bankrupt Cancer Center

    A New York bankruptcy judge has refused to block Shumaker Loop from representing a group of ex-21st Century Oncology doctors embroiled in an antitrust dispute with the bankrupt cancer treatment chain, which argued the firm’s lawyers will need to testify over allegations they submitted false declarations, an attorney in the case said.

  • October 18, 2019

    Dems Slam DOJ Bid To Dismantle Immigration Judges' Union

    U.S. Attorney General William Barr is facing backlash from Congress over his bid to dismantle the immigration judges' labor union, after 80 House Democrats signed on to a letter slamming the move as a threat to judicial independence.

  • October 18, 2019

    Home Depot Says Workers Weren't Working Off The Clock

    Home Depot urged a California federal judge to decertify an employee class action over unpaid time, saying testimony from the workers themselves indicated they weren't working during the periods claimed.

  • October 18, 2019

    Jones Day Casts Family Leave Suit As 'Quibble'

    Jones Day told a Washington, D.C., federal court Thursday that a discrimination suit brought by two married former associates challenging the firm’s parental leave policy is merely a “quibble” over semantics.

  • October 18, 2019

    Philly Workers Not Exempt From OT Under FLSA, Judge Says

    A federal judge has found a group of Philadelphia emergency mental health employees are entitled to time-and-a-half pay for overtime work, rejecting the city's argument that they fall under a pair of Fair Labor Standards Act overtime exemptions.

  • October 18, 2019

    9th Circ. Revives Tardy FedEx Worker's Disability Bias Suit

    The Ninth Circuit has revived a former FedEx employee's suit claiming the company violated federal disability law by firing her for tardiness despite her requests to accommodate her depression with a flexible schedule, saying there is enough evidence FedEx knew about her condition and pleas for help.

  • October 18, 2019

    Clear Skies For Employers As NLRB's Boeing Test Takes Off

    A recent National Labor Relations Board ruling applying the agency's revamped Boeing test for analyzing workplace rules is the first of what will likely be many decisions giving employers more leeway to control their workforce.

  • October 18, 2019

    Santa Clara Firefighters Reach $2.7M Deal To End OT Suit

    A group of current and former Santa Clara firefighters have struck a $2.7 million deal to resolve a proposed collective action claiming the city violated federal law by failing to factor in payments for medical premiums and unused health benefits when calculating overtime. 

  • October 18, 2019

    Swim Coach Claims Club Sacked Him Over Whistleblowing

    A California swim coach is accusing his former swim club of firing him and his wife in retaliation for blowing the whistle on another coach's sexual abuse and discrepancies in the club's finances in a suit filed in Los Angeles county court Tuesday.

  • October 18, 2019

    UK Litigation Roundup: Here's What You Missed In London

    The past week has seen Investec drag its former aviation finance team to court, the nephew of the King of Bahrain sue Santander, and the Financial Conduct Authority file a suit against an unregulated investment scheme. Here, Law360 looks at those and other new claims in the U.K.

  • October 17, 2019

    Calif. Court Says Judges Mistaken On Retirement Options

    A California appeals court ruled Wednesday that two judges were mistaken when they claimed their retirement plan didn’t fully inform them of their options.

  • October 17, 2019

    Legal Funder Again Asks 3rd Circ. To Rein In NFL Deal Judge

    Litigation funder Thrivest is continuing to push its contention that the federal judge overseeing the NFL concussion settlement disobeyed a Third Circuit ruling by describing high-interest loans it made to retired players as unenforceable, telling the appeals court Wednesday it should force the judge to "embrace the mandate."

  • October 17, 2019

    NLRB Extends Comment Period For Grad Student Rule

    The National Labor Relations Board on Thursday pushed back until late December the deadline for public feedback on its proposed rule declaring that college teaching and research assistants don't qualify as employees under federal labor law, giving interested parties extra time to weigh in following a technical correction.

  • October 17, 2019

    Ex-NFL Player Held In Contempt Over $475K Loan

    A Pennsylvania federal judge overseeing a concussion settlement ordered on Thursday that retired NFL player William E. White be held in contempt for not depositing $1.25 million in escrow to pay off a $475,000 loan, rejecting the former safety's assertions he's too broke to pay.

  • October 17, 2019

    Security Firm Wants Translators' Army Deal FCA Suit Slashed

    Security firm TigerSwan urged a Maryland federal judge to toss most of a False Claims Act case accusing a DynCorp-AECOM joint venture of lying about its involvement in multibillion-dollar U.S. Army translation contracts, arguing on Thursday that there's no evidence it knew about alleged mistreatment of translators in Kuwait.

  • October 17, 2019

    Union's Use Of 'Scabby,' Banner Was OK, NLRB Judge Says

    A union didn’t flout federal labor law by deploying "Scabby the Rat" near banners questioning whether the owner of a construction company was dishonest, a National Labor Relations Board judge has ruled, potentially teeing up another case in which the labor board can rein in use of the popular union symbol.

  • October 17, 2019

    Bipartisan Bill Aims To Ban Noncompetes, With Exceptions

    Lawmakers have introduced bipartisan legislation that would limit the use of noncompete agreements to partnership split-ups or business sales, going a step beyond recent state and federal legislative efforts to prohibit employers from locking workers into the binding contract provisions.

Expert Analysis

  • New Data Shows BigLaw's True Profitability

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    Based on an analysis adjusting BigLaw operating income and revenue to account for equity partners and taxes, the profitability of firms is lower than commonly thought, says Madhav Srinivasan at Hunton.

  • Antonio Brown Case May Influence Next NFL Bargaining Pact

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    During 2020 labor negotiations, NFL team owners will likely seek contract language that would allow teams to withhold earned money when players fail to disclose certain civil matters, as a result of Antonio Brown's payment grievances against two teams, says Michael Elkins of MLE Law.

  • Calif. Employers Should Consider Drug Test Policy Updates

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    As state law trends continue toward protecting employees' off-duty use of marijuana, California employers can use a court-created balancing test that determines the legality of drug checks by weighing an employee’s right to privacy against an employer’s legitimate business purpose, says Camille Gustafson at Paul Plevin.

  • Cross-Border Employers Face Critical GDPR Risks

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    Global companies need to understand the territorial scope of the European Union’s General Data Protection Regulation and how its concomitant requirements may be triggered when employees are recruited, hired or transferred internationally, say Jordan Fischer of XPAN Law and Michele Madera of Klasko Immigration.

  • 8 Best Practices For Cannabis Transaction Due Diligence

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    Given the extraordinary risks and evolving regulatory landscape in the rapidly expanding cannabis industry, investors should consider due diligence matters across a wide swath of legal fields when evaluating cannabis-focused transactions, say attorneys with Epstein Becker.

  • Why Trump's Orders On Agency Guidance Are Significant

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    ​Two recent executive orders ​​on the use of guidance documents by federal agencies​ represent a major change for virtually every executive agency ​and a historic assertion of the president’s authority under Article II to oversee the independent regulatory agencies, says Paul Noe, former counselor to the administrator of the White House Office of Information and Regulatory Affairs.

  • A Data Analysis Road Map For Wage-And-Hour Mediation

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    Estimating damages and penalties to bring into wage-and-hour settlement negotiations may involve challenges such as handwritten records or large volumes of data, but a few practical steps can help simplify the process, says Melissa Daniel at Econ One Research.

  • Key Defense Strategies For Employment Discrimination Trials

    Excerpt from Lexis Practice Advisor
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    From voir dire and opening statements, to witness examination and closing arguments, Rachel Ullrich at FordHarrison shares employer-side best practices for discrimination, harassment and retaliation trials.

  • Opinion

    Courts Keep Rejecting Litigation Funding Discovery Campaign

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    As shown by recent case law, including a New Jersey federal court holding last month in Valsartan Products Liability Litigation, there is no "shifting tide" in favor of disclosing litigation funding arrangements, say Matthew Harrison and Stephanie Southwick of Bentham IMF.

  • NY Data Security Law May Affect Employers Across The US

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    In anticipation of New York's Stop Hacks and Improve Electronic Data Security Act, which becomes effective on Oct. 23, companies outside of New York may need to evaluate their cybersecurity practices prior to hiring, or otherwise acquiring private information about, a New York resident, say attorneys at Pillsbury.

  • How Emotionally Intelligent AI Could Assist With E-Discovery

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    While artificial intelligence has already revolutionized the e-discovery field, the development of emotionally intelligent AI promises to explore data in an even more nuanced and human way, thereby further reducing the burden on legal teams, say Lisa Prowse and Brian Schrader at e-discovery services provider BIA.

  • Justices' View Of Their Role May Influence LGBTQ Bias Cases

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    Arguments at the U.S. Supreme Court last week in a trio of Title VII discrimination cases involving gay and transgender workers show the decisions may hinge on whether the justices feel they should ensure case law evolves to remain relevant or interpret the legislature’s intent, say Donna McElroy and Katina Zampas at Dykema.

  • 9th Circ. Ruling Returns Stability To Joint Employer Test

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    By applying a traditional control-type test to hold that McDonald’s was not a joint employer of its franchisee’s employees, the Ninth Circuit last week in Salazar v. McDonald’s injected a welcome dose of clarity and common sense into a volatile area of law, say Andrew Murphy and Lauren Linderman at FaegreBD.

  • Unpacking The Harvard Admissions Ruling And What's Next

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    While a Massachusetts federal judge's decision last week in Students for Fair Admissions v. Harvard is a welcome development for institutions that rely on race-conscious admission practices, it also illustrates the exhaustive steps needed to justify what are often modest uses of race, say Scott Schneider and Paige Duggins-Clay at Husch Blackwell.

  • Preventable Risks Your Law Firm May Be Overlooking

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    Although most lawyers are well-prepared to defend or justify the value of an insurance claim for clients, often law firms have not clearly identified their own potential liabilities, planned for adequate insurance or established prudent internal risk management practices, says Victor Sordillo at Sompo International.