Employment

  • July 14, 2020

    Surprising Alliances Shape The Supreme Court Term

    The U.S. Supreme Court saw a drop in narrowly divided rulings and more than a few unusual alliances among the justices in a term packed with contentious cases on abortion, immigration, LGBTQ rights and agency authority.

  • July 14, 2020

    Judge Rejects In-Person Deposition, Citing COVID-19 Risk

    A waste hauling company has to make do with remotely deposing witnesses offered by a fleet management technology firm that it says improperly obtained confidential information from a former employee, an Illinois federal magistrate judge has said, finding that COVID-19 health risks outweigh calls for an in-person deposition.

  • July 14, 2020

    Ex-Associate Says PI Firm Skimped On $5M Crash Case Fee

    A former associate at a Dallas-area personal injury law firm sued the firm for fraud in state court, claiming the firm breached his contract when it didn't pay him an agreed-upon 10% attorney fee for a $5 million car crash suit settlement.

  • July 14, 2020

    Jones Day Wants Equal Pay Act Claims Cut From Bias Suit

    Jones Day has moved for an early win on a claim that it violated the Equal Pay Act by failing to pay female attorneys equally, saying that it was undisputed the ex-associates behind the suit had not performed work equal to that of their male counterparts.

  • July 14, 2020

    Chipotle Workers Ask To Use Arbitration Evidence In Court

    Workers in a collective action accusing Chipotle of making employees work off the clock have asked a Colorado federal court to let them cite executive emails and other documents the burrito chain turned over in linked arbitrations but not in the court case.

  • July 14, 2020

    NJ Delivery Drivers Must Arbitrate Despite Federal Exemption

    The New Jersey Supreme Court on Tuesday said delivery drivers cannot pursue proposed class actions against transportation companies and instead must arbitrate their claims on an individual basis in light of the New Jersey Arbitration Act, even if the workers are exempt from arbitration under the Federal Arbitration Act.

  • July 14, 2020

    Why Can't Female Lawyers Make Headway At The High Court?

    The number of female lawyers arguing before the U.S. Supreme Court hit a new low this year. Can the pipeline to these coveted oral argument slots be fixed?

  • July 14, 2020

    Mass. AG Healey Sues To End Uber And Lyft's 'Free Ride'

    Massachusetts Attorney General Maura Healey's office filed a lawsuit Tuesday against Uber Technologies Inc. and Lyft Inc. challenging the ride-hailing companies' policy of classifying drivers as independent contractors.

  • July 14, 2020

    Judge Rejects 'Phony' $19M Weinstein Class Settlement

    A Manhattan federal judge on Tuesday abruptly rejected a proposed settlement and class certification bid in a sex abuse lawsuit against disgraced Hollywood producer and convicted rapist Harvey Weinstein, deriding the deal as "phony" and the class as nonexistent.

  • July 14, 2020

    Law360's Supreme Court Pop Quiz

    Test how closely you were paying attention to the explosive 2019-2020 Supreme Court term.

  • July 13, 2020

    NY Police Union Boss Charged With Defrauding Annuity Fund

    Manhattan federal prosecutors on Monday accused the head of a New York City law enforcement union of defrauding members by raiding the union's retirement fund.

  • July 13, 2020

    CDC Employees Demand Racism Be Labeled A Health Crisis

    A group of employees at the Centers for Disease Control and Prevention are demanding the agency reform a culture that they say has marginalized Black employees for years, sending Director Robert Redfield a letter that calls for specific changes in the workplace.

  • July 13, 2020

    Freelance Journalists' Challenge To Calif. AB 5 Law Dismissed

    A California federal judge on Friday dismissed with prejudice freelance journalists' challenge to the state's A.B. 5 law, which makes it harder for businesses to classify workers as independent contractors, ruling that they should have taken his earlier suggestion to improve their defective lawsuit instead of running to the Ninth Circuit.

  • July 13, 2020

    Cruise Line Urges Arbitration Bid Review In Crew Injury Suit

    Seven Seas Cruises has urged the Eleventh Circuit to order a Florida district court to reconsider whether arbitration is required in a former crew member's injury suit, arguing that the appeals court can review this key determination in an otherwise unreviewable order to send the case back to state court.

  • July 13, 2020

    Builder Inks $1.5M Sex Harassment Deal With New York AG

    A Long Island construction company has paid $1.5 million to 18 female former employees following a sexual harassment and workplace retaliation investigation by the New York Office of the Attorney General, AG Letitia James announced Monday.

  • July 13, 2020

    Calif. Firm Sues Oracle Again Over Lack Of Black Directors

    A California law firm behind suits calling for sweeping changes at Facebook Inc. and Oracle Corp. over their respective approaches to diversity has hit the latter with a second derivative action nearly identical to the first.

  • July 13, 2020

    Wellspring Worker Told To Stay Quiet About Rape, Suit Says

    The CEO of private equity firm Wellspring Capital Management LLC told a then-employee he'd "destroy" her career after she accused his son of sexual assault, she claimed in a recent state suit alleging violation of New York City's law against gender-motivated violence.

  • July 13, 2020

    Fla. University To Pay $890K After DOL Finds Wage Gaps

    Nova Southeastern University has agreed to pay $300,000 in back wages and nearly $590,000 in salary adjustments to dozens of women employed by the private Florida-based institution after a U.S. Department of Labor evaluation turned up pay disparities.

  • July 13, 2020

    The Sharpest Dissents From The Supreme Court Term

    The majority of this term’s dissents came from the court’s right-leaning justices, and many of their sharpest critiques stemmed from suits over Trump administration policies. Here, Law360 looks at some of the fieriest.

  • July 13, 2020

    Weinstein Accusers Call $19M Class Deal 'A Cruel Hoax'

    Several of Harvey Weinstein's accusers have lodged their opposition to the proposed $18.9 million settlement the Hollywood producer and convicted rapist reached to end a putative class action in New York alleging he sexually abused dozens of women, on Monday calling the deal "a cruel hoax" that would benefit Weinstein more than his accusers.

  • July 13, 2020

    9th Circ. Says Vietnam War Claims Didn't Need Exact Review

    The Ninth Circuit has thrown out a whistleblower's allegations that a former Lockheed Martin unit insufficiently reviewed Vietnam War veterans' claims for exposure to the toxic Agent Orange herbicide, ruling the company wasn't required to check every page of claims files.

  • July 13, 2020

    Texas CBS Affiliate Will Pay To End Reporter's Age Bias Suit

    CBS' Texas unit has agreed to pay $215,000 to settle allegations from the U.S. Equal Employment Opportunity Commission that its Dallas-Fort Worth station discriminated against a 48-year-old traffic reporter when it hired a younger, less-experienced reporter for its morning broadcast.

  • July 13, 2020

    Amazon, T-Mobile Pan 'Implausible' Age Bias Lawsuit

    A lawsuit claiming Amazon and T-Mobile discriminated against a class of older applicants by targeting younger workers in Facebook job ads "rests on an implausible series of assumptions," the businesses have told a California federal court in a bid to toss the latest version of the novel suit.

  • July 13, 2020

    8th Circ. Won't Revive Minn. Deputy Sheriff's Sex Bias Suit

    A Minnesota sheriff's department acted legally when it passed over a woman for a promotion to sergeant in favor of a less qualified male applicant because she didn't interview well, the Eighth Circuit ruled Monday, saying she failed to show that the county's rationale for rejecting her was rooted in gender bias.

  • July 13, 2020

    Mallinckrodt Aims To Nix Medicaid FCA Suit Over Acthar Gel

    The government is wrongly conflating fraud with a regulatory disagreement, Mallinckrodt ARD LLC told a Massachusetts federal court Monday, urging a judge to toss False Claims Act claims centering on its pricey H.P. Acthar Gel drug, which treats infantile spasms and other conditions.

Expert Analysis

  • 6 Recent Insurance Decisions You May Have Overlooked

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    Several insurance coverage decisions from the first half of the year, in addition to those discussed in a recent Law360 article, hold important lessons regarding courts' current stance toward commonly litigated insurance principles, arguments and strategies, say attorneys at Anderson Kill.

  • HHS Discrimination Rule Conflicts With LGBTQ Bias Ruling

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    A new rule from the U.S. Department of Health and Human Services' Office for Civil Rights and the Centers for Medicare & Medicaid Services scaling back nondiscrimination regulations raises compliance questions for health providers, especially in light of the U.S. Supreme Court's recent broad interpretation of "on the basis of sex," say attorneys at Reed Smith.

  • Employer Considerations After Justices' LGBTQ Rights Ruling

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    In light of the U.S. Supreme Court’s recent ruling that Title VII protects LGBTQ workers in Bostock v. Clayton County, companies should review employment policies for compliance, update diversity and inclusion mission statements, and consider several questions about the opinion’s potential reach, say attorneys at Blank Rome.

  • NY High Court Case Could Upend Litigation Finance Industry

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    A ruling in favor of the defendant in Fast Trak Investment v. Sax, a case recently accepted by the New York Court of Appeals, could enable borrowers to avoid repaying litigation funders by claiming state usury law violations, say attorneys at MoloLamken.

  • Associates Can Prioritize Biz Development Despite Pandemic

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    Although many traditional business development activities are on hold due to the COVID-19 pandemic, associates should seize the unique opportunities of this time to cultivate business by strengthening their personal and professional relationships, and developing new ones, says Jeremy Schneider at Jackson Lewis.

  • When NY Worker Free Speech Rights And COVID-19 Collide

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    Alexandra Berke, Kacie Candela and Margaret Lee at Berke-Weiss examine New Yorkers' rights to protest in person or online without fear of discipline at work, and address employee protesters' COVID-19 risk in the workplace.

  • DACA Ruling Raises Bar For Assertions Of Agency Deference

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    The U.S. Supreme Court's decision in U.S. Department of Homeland Security v. Regents of the University of California, blocking termination of the Deferred Action for Childhood Arrivals program, is the latest in a line of rulings that refuse deference where an agency fails to follow Administrative Procedure Act rulemaking procedures, say Robert Wanerman and Stuart Gerson at Epstein Becker.

  • Opinion

    Let's Create An Ethical Obligation For Attys To Fight Racism

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    In this moment of national recognition of historical institutional racism, the American Bar Association must implement a model rule that explicitly declares efforts to fight racism and advance equality to be a matter of attorneys' ethics and professional conduct, say Marc Firestone at Philip Morris International and David Douglass at Sheppard Mullin.

  • What COVID-19 Can Teach Employers For Hurricane Season

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    Lessons learned amid the pandemic can help employers brace for challenges this hurricane season may bring, including work stoppages, telecommuting issues and leave policy changes, says Linda Edwards at Rumberger Kirk.

  • What Justices' Bias Ruling Means For Religious Employers

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    The U.S. Supreme Court’s ruling Wednesday in Our Lady of Guadalupe School v. Morrissey-Berru may bar many religious organization workers' discrimination claims, but documentation of their role in faith education will be key to defending challenged employment decisions, say Dylan Carp and Paul Patten at Jackson Lewis.

  • 6 Considerations When Shopping For Legal Tech Software

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    When evaluating the vast range of legal technology options available today, law firms will want to make sure that firm intellectual property and client data stored in the software are encrypted, isolated, protected through backups and in compliance with the ever-growing list of data regulations, say Eric Tucker and Dorna Moini at Documate.

  • 11th Circ. FCA Ruling Takes Practical Approach To Materiality

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    The Eleventh Circuit’s recent Ruckh v. Salus decision addresses False Claims Act materiality in a holistic, commonsense way, echoing U.S. Supreme Court guidance and benefiting whistleblowers, the government and taxpayers in the fight against fraud, say Linda Severin and Alex Maulden at the Whistleblower Law Collaborative.

  • Law Firm Strategies For Publicizing Laterals Amid Lockdowns

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    With business development dinners and social events no longer viable for new lateral hires, law firms need a refreshed game plan — one that fully exploits the digital landscape, say Andrew Longstreth and Jesse Dungan at Infinite Global and Michael Coston at Coston Consulting.

  • How COVID-19 May Change Environmental M&A Due Diligence

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    As M&A transactions face increased scrutiny in the pandemic-stressed economic landscape, environmental due diligence must address changing business imperatives and reflect evolving health and safety concerns, says Michael Bittner at Ramboll.

  • Opinion

    End Forced Employee Arbitration To Advance Social Equality

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    If recent corporate claims against systemic racism and discrimination are genuine, companies should return bias and harassment claims to the courts by discontinuing the use of mandatory employment arbitration agreements, says attorney Victor Caldwell.

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