Employment

  • October 20, 2017

    NFL Moves To Speed Up Elliott Suspension Case

    The NFL and players' union on Friday disagreed about whether to speed up an ultimate ruling on Dallas Cowboys running back Ezekiel Elliott's six-game domestic violence suspension after a judge temporarily halted it from taking effect days earlier.

  • October 20, 2017

    Trump Admin Fights Dem AGs' Bid To Restore ACA Subsidies

    The Trump administration on Friday urged a California federal judge not to quickly restore funding for Affordable Care Act subsidies that reduce copays and deductibles, arguing that a new lawsuit from Democratic attorneys general is procedurally improper.

  • October 20, 2017

    Dental Tech Co. Wins $6.8M In Trade Secrets Suit

    A California federal judge awarded a dental technology company $6.8 million in damages Thursday after the ex-engineer it accused of stealing its designs stopped participating in the suit.

  • October 20, 2017

    Cozen O’Connor Snags Jackson Lewis Trade Secrets Expert

    Cozen O’Connor has hired an experienced employment litigator from Jackson Lewis PC who has expertise in trade secret cases, making him a member of its San Diego office.

  • October 20, 2017

    Swartz Campbell Adds Chartwell Toxic Tort Atty

    Swartz Campbell LLC announced Thursday that it has snagged Chartwell Law Offices LLP partner Kristopher Kachline to bolster its toxic tort, occupational disease and workers’ compensation practices.

  • October 20, 2017

    Avis Contract Workers Win Class Cert. In Wash. Wage Suit

    A Washington federal judge on Friday certified a class of hospitality and transportation workers who provided labor services to Avis Budget Group Inc. through a contract and allege they weren’t paid a $15 minimum wage under a Seattle suburb's ordinance, rejecting arguments that the workers who brought the suit are inadequate class representatives.

  • October 20, 2017

    EEOC's Year-End Surge Shows Focus On Disability Cases

    The U.S. Equal Employment Opportunity Commission recently closed out its fiscal year with a bang, filing a wave of lawsuits against companies like Lowe’s and Whole Foods that placed a strong emphasis on disability discrimination, and settling existing cases against convenience store giant Allsup's and others that involved hot-button issues. Here, Law360 rounds up key EEOC developments you may have missed over the past month.

  • October 20, 2017

    High Court Asked To Review 9th Circ. Age Bias Ruling

    An Arizona fire department has asked the U.S. Supreme Court to review a Ninth Circuit ruling that the Age Discrimination in Employment Act applies to political subdivisions of every size, saying the ruling created an “inexplicable” split with four other circuits that have considered the law’s power over public employers.

  • October 20, 2017

    Union Boss Seeks Win In Pepper Hamilton Duty Breach Row

    A Philadelphia union boss is pushing a state judge to find that Pepper Hamilton LLP, while defending the Philadelphia Inquirer in a libel suit, breached its duty to him by taking advantage of confidential information about a criminal probe he had faced as a client of the firm.

  • October 20, 2017

    Dow Trade Secret Suit Can Be Heard In Delaware Court

    The Delaware Chancery Court can hear Dow Chemical's claims that Turkish paint company Organik stole its trade secrets by hiring its ex-employees, a judge ruled Thursday, finding that Organik's Delaware subsidiary gives the court jurisdiction. 

  • October 20, 2017

    Counsel Could Help Esports Players Level Up, Attys Say

    With esports moving into the mainstream and leagues and teams cropping up left and right, gaming companies and players can learn several lessons on players' rights from traditional sports leagues, including that legitimate representation is key.

  • October 20, 2017

    Seagate Gets Initial OK For $5.7M Worker Phishing Settlement

    A California federal judge gave his initial blessing Thursday to Seagate Technology LLC’s settlement that includes services valued at $5.75 million and resolves litigation over a 2016 data phishing incident that allegedly affected about 12,000 employees and their close relatives.

  • October 20, 2017

    Papa John's Franchisee Drivers' Wage Suit Moves To NY

    A proposed class action accusing a Papa John’s franchisee of violating minimum wage laws by reimbursing pizza delivery drivers less for car-related costs than they are owed was transferred Thursday from Virginia to the Southern District of New York, where a similar case is underway.

  • October 20, 2017

    Waymo Loses Latest Bid For Uber's Self-Driving Source Code

    A California federal judge on Thursday rejected Google affiliate Waymo’s latest bid to get its hands on Uber’s self-driving car source code in its trade secrets suit, saying that a magistrate judge’s recent decision calling the request “profoundly overbroad” was neither clearly wrong or contrary to law.

  • October 20, 2017

    Dems Float Bills To Roll Back HHS' Birth Control Exemptions

    Dozens of Democratic lawmakers on Thursday introduced bills in the U.S. Senate and House of Representatives that would roll back the Trump administration’s recent rules allowing employers to claim religious or moral objections to the Affordable Care Act’s contraception mandate.

  • October 20, 2017

    Fox Demands Evidence Of Racism In White Employee's Suit

    Fox Television Stations and its Houston affiliate urged a Texas federal judge Thursday to compel a Caucasian former employee accusing the company of racial discrimination to cooperate, claiming she hasn't provided any substantive responses to their discovery requests or responded to attempts to schedule her deposition.

  • October 19, 2017

    Bipartisan Health Care Bill Gets More Senate Support

    A bipartisan, short-term health care bill gained more support Thursday from two dozen senators, as they have pushed for swift passage of a deal to stabilize the Affordable Care Act's individual markets before the end of the year.

  • October 19, 2017

    'Nurse 3D' Actress Can't Revive $55M Suit Against Lionsgate

    A California appeals court Wednesday affirmed the dismissal of former "Boardwalk Empire" actress Paz de la Huerta's $55 million suit alleging Lions Gate Entertainment Corp. had an ambulance hit her during the filming of the movie "Nurse 3D" and dubbed over her voice without consent.

  • October 19, 2017

    4th Circ. Nixes Black Worker's Suit Over Noose, KKK Hood

    The Fourth Circuit on Thursday rejected a security officer’s bid to revive claims that he was racially harassed by coworkers who made him carry a noose and created a mock Ku Klux Klan hood, saying the company took reasonable measures to correct the hostile behavior after becoming aware of it.

  • October 19, 2017

    6th Circ. Affirms Toss Of Travel Pay Suit But Revives 1 Claim

    The Sixth Circuit on Thursday largely let stand a Kentucky federal court decision that ended a wage suit alleging that an information technology consulting firm underpaid workers for travel time, reviving only the claims of one worker who was initially paid full wages for travel before his pay was scaled back.

Expert Analysis

  • Opinion

    Australian Football Transgender Ban Is Discriminatory

    Ronald Katz

    Because the recent decision to block transgender female Hannah Mouncey from playing in the women’s Australian Football League was not based on evidence, it is discriminatory against transgender athletes and based on sexual stereotyping. This is a serious civil rights problem, and not only in Australia, says Ronald Katz of GCA Law Partners LLP.

  • Employee Benefits In The Supreme Court

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    Since 1975, the U.S. Supreme Court has issued opinions in 128 employee benefit and Employee Retirement Income Security Act cases. Here, Adam Cohen and Gail Westover of Eversheds Sutherland discuss why employee benefit cases are so prevalent and which Supreme Court justices have participated in these cases the most.

  • Investigating When A Complaining Employee Won’t Cooperate

    Ann Fromholz

    It happens more frequently than one might imagine: A complaining employee, who may be the only person who can provide the details of her complaints, refuses to be interviewed. Whatever the reason for the employee's refusal, the investigator then needs to determine whether and how to investigate without the complainant’s testimony, says Ann Fromholz of The Fromholz Firm.

  • How Arbitrators Maintain Proportionality In Discovery

    Richard Seymour

    There has been much discussion of discovery proportionality in federal litigation since the December 2015 changes to Civil Rule 26. But arbitrators have long used procedures to simplify the discovery process that courts have only recently begun to adopt, says attorney and arbitrator Richard Seymour.

  • The Revolution Of Employer-Sponsored Health Insurance

    Eric Schillinger

    Last week, President Donald Trump issued an executive order regarding the federal laws governing health care and insurance. The order itself does not change the existing rules, but it has the potential to fundamentally transform how employers provide employer-sponsored health insurance, says Eric Schillinger of Trucker Huss APC.

  • A Magical Surprise Hidden In 3rd Circ. Rest Break Opinion

    Ashley Falls

    Last week, the Third Circuit delivered a win for employees with its decision in Secretary U.S. Department of Labor v. American Future Systems, which said the company's rest break policy violated the Fair Labor Standards Act. And, in a fun Friday-the-13th twist, the court managed to cite the "Harry Potter" books while authoring its opinion, says Ashley Falls of Falls Legal.

  • The Law Firm CFO’s Role In The Strategic Planning Process

    Tyler Quinn

    Today's law firm chief financial officer should be involved in many areas beyond traditional financial management, including operations, risk management and information technology. He or she can support strategic planning throughout the process, from development of the plan to its implementation, measurement and eventual evolution, say Tyler Quinn and Marc Feigelson of Kaufman Rossin PA.

  • 'Double-Breasted' Operations Face Criminal Risk

    Benjamin Wish

    The potential civil liability exposure for "double-breasting" — when union and nonunion companies share ownership, equipment, facilities or other features — has been well-established for some time. Now, in the wake of a recent case in the District of Massachusetts, the risk of criminal prosecution is apparent, says Benjamin Wish of Todd & Weld LLP.

  • Addressing Pay Equity In The US And Around The World

    Cynthia Jackson

    Even though the U.S. Equal Pay Act is over 50 years old, the U.S. census released in September still finds that women make 80.5 cents to the dollar that men make. Cynthia Jackson and Sarah Beeby of Dentons review recent legislation addressing pay inequity in the U.S. and globally, and discuss recommendations for employers confronting these developments.

  • 4th Circ. Weighs In On Recovering Overpaid Benefits

    Marianna Jasiukaitis

    The Fourth Circuit recently ruled in Retirement v. Brewer that overpayments of retirement benefits to defined benefit pension plan participants were recoverable. The case boiled down to whether an optional lump sum benefit was an unsubsidized lump sum based on a normal retirement annuity and not an early retirement annuity, says Marianna Jasiukaitis of Funk & Bolton PA.