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Employment

  • July 20, 2018

    Law360's Satisfaction Survey: By The Numbers

    Being a lawyer is not easy. But among private practice attorneys, in-house counsel and government lawyers, who's feeling the greatest pressure in finances and stress? Law360's 2018 Lawyer Satisfaction Survey provides a snapshot. Check back throughout the week for our full report on lawyers' job satisfaction and lifestyle.

  • July 20, 2018

    The Least-Stressed Attorneys In A Stressed-Out Profession

    Law360's 2018 Lawyer Satisfaction Survey shows that when it comes to career and overall well-being, one type of firm is a lawyer's happy place — at least relatively speaking. Check back throughout the week for our full report on lawyers' job satisfaction and lifestyle.

  • July 20, 2018

    Truckers Fight Calif.'s New Independent Contractor Standard

    A nonprofit trade association representing some 6,000 trucking operators has filed suit in California federal court asking a judge to find that federal law supersedes a recent landmark state Supreme Court ruling redefining employees versus contractors that some observers say could devastate the industry.

  • July 20, 2018

    Atty Sues NJ Firm Over Fees In Legal Malpractice Action

    An attorney has slammed a New Jersey firm with a state lawsuit accusing it of violating a deal that entitles her to half of the legal fees recovered in a malpractice action against another lawyer over his handling of an employment discrimination case.

  • July 20, 2018

    Zero-Tolerance In #MeToo Era May Be Perilous For Employers

    Although the #MeToo movement has spurred employers to re-evaluate — and in some cases toughen — their anti-harassment policies, strict zero-tolerance policies in which first-time offenders are fired for arguably minor transgressions could leave employers on dangerous legal ground, experts say.

  • July 20, 2018

    EEOC Atty Can't Revive Disability Bias Suit Against Agency

    A Washington, D.C., federal judge on Thursday rejected a bid by a onetime U.S. Equal Employment Opportunity Commission lawyer to reinstate her claims that the agency discriminated against her by not granting her an extended period of leave while administrative complaints she filed were processed.  

  • July 20, 2018

    Pharma Co. Can Peek At Just 1 Email In Cancer Research Suit

    A New Jersey federal judge on Friday denied most of a biopharmaceutical company’s bid to access more than 170 emails by a cancer researcher it claims stole proprietary materials relating to an antibody, but agreed to unshield one message between the researcher and an executive of another biopharmaceutical firm.

  • July 20, 2018

    Ex-Temple Employee Gets $850K In Age Bias Suit

    A Pennsylvania federal jury has awarded $850,000 to a former Temple University executive assistant who claimed her Chinese boss said she was old enough to be put “out to pasture” in his home country, her attorneys announced Friday.

  • July 20, 2018

    Norwegian Cruise Line Looks To Arbitrate Wrongful Death Suit

    Norwegian Cruise Line removed to Florida federal court Thursday a wrongful death suit brought by the family of a Filipino employee who died while participating in a rescue drill aboard a cruise ship, saying the claims must be arbitrated in the Philippines pursuant to the terms of his employment contract.

  • July 20, 2018

    Gov't To Pay Cenveo $5.5M Over Pulled Census Contract

    Bankrupt envelope and printed product manufacturer Cenveo has asked a New York bankruptcy court to approve a settlement that would see the federal government pay $5.5 million to terminate a contract related to the 2020 U.S. Census.

  • July 20, 2018

    Ice Co. Beats Firing Suit After Worker Botched Case Transfer

    A Pennsylvania state appeals panel on Thursday affirmed dismissal of a suit alleging ice company Arctic Glacier USA fired a worker after reneging on a promise to give him time to pass a drug test, saying he botched transferring his wrongful termination claim from federal court.

  • July 20, 2018

    Fed. Circ. Revives Secret Service Agent's OT Class Action

    The Federal Circuit on Friday revived a former U.S. Secret Service special agent’s proposed wage-and-hour class action alleging that he and other agents were shorted on overtime, saying the Office of Personnel Management improperly required that certain hours be worked consecutively to trigger overtime.

  • July 20, 2018

    School District Can't Keep Bus Discipline Vid Under Wraps

    A Pennsylvania appeals court Friday affirmed that a video of a teacher described as roughly disciplining a student on a school bus is public record, rejecting the school's position it is exempt under the state's Privacy Act because its release could affect federal funding and it involves a student's performance and employee discipline.

  • July 20, 2018

    Job Duties, Not Gender Bias, Determined Pay: NJ Court

    A New Jersey state appeals court on Friday refused to revive a Public Employment Relations Commission employee's lawsuit alleging her gender was the reason she was paid less than her male counterpart, siding with a lower court's finding that the two workers had different duties.

  • July 20, 2018

    Wells Fargo Beats Ex-Employee's Suit Over 'Unethical' Culture

    A California federal judge on Thursday dismissed a former Wells Fargo Bank NA employee’s suit alleging he was fired for failing to meet the bank’s lofty sales targets, saying he waited too long to file his complaint.

  • July 20, 2018

    Electric Worker's Facebook Post Was Protected, NLRB Says

    A National Labor Relations Board panel ordered an Iowa electric company to rehire and provide back pay to a utility pole worker who was fired after he complained on Facebook about the employer’s safety policies, saying his post was protected activity.

  • July 19, 2018

    Judge Referees NCAA, Athletes In Antitrust Pretrial Match

    A California federal judge on Thursday laid the ground rules for a Sept. 4 bench trial over allegations the NCAA illegally prevents athletes from being paid beyond their scholarships, requiring the parties to cut down over 2,000 exhibits, restricting layman witnesses and setting time limits on arguments.

  • July 19, 2018

    Hernia Mesh Maker Takes IP Suit Coverage Row To 3rd Circ.

    Tela Bio Inc. on Thursday urged the Third Circuit to revive its bid to force a Chubb Ltd. insurer to cover its costs to defend against a trade secrets and unfair competition lawsuit brought by competitor LifeCell Corp. over a hernia treatment product, saying a lower court applied the wrong state’s law to the dispute and ignored potentially covered defamation claims in LifeCell’s complaint.

  • July 19, 2018

    Hernandez Team Seeks To Return CTE Case To State Court

    The guardian of the minor daughter of the late New England Patriots tight end Aaron Hernandez asked a Pennsylvania federal court Wednesday to reverse the decision to join her claims to the NFL concussion multidistrict litigation, saying her claims have a different basis than the MDL ones.

  • July 19, 2018

    11th Circ. Dissent Seeks Clarity On Title VII And Gay Workers

    A sharp dissent that called out the Eleventh Circuit for failing to revisit an aging ruling that said Title VII doesn't prohibit firing workers for being gay not only faulted the court's four-decade-old precedent for failing to provide an explanation for its conclusion but invited the Eleventh Circuit, and perhaps others, to wade into a debate that has so far divided the courts. 

Expert Analysis

  • Ensure All Relevant Parties Sign Arbitration Agreement

    Michael Cypers

    A California appellate court's decision in Benaroya v. Bruce Willis is one of several recent decisions teaching that if you want the ability to arbitrate against the key individuals in your counterparty, those individuals should be signatories to the arbitration clause in the underlying deal documents, say Michael Cypers and Michael Gerst of Glaser Weil Fink Howard Avchen & Shapiro LLP.

  • USCIS Memo Could Change Employment-Based Immigration

    David Serwer

    Buried in the middle of U.S. Citizenship and Immigration Services' recent 11-page memorandum is a single sentence that would put a whole new population of people in removal proceedings as the result of the denial of certain extension requests, say David Serwer and Matthew Gorman of Baker & McKenzie LLP.

  • Distracted Driving Laws And How Employers Should Respond

    Alison Loy

    A few weeks ago, Georgia became the 16th state to ban the use of a handheld cellphone while driving. These laws bring considerations for employers, who can be held liable for accidents caused by employees acting within the scope of their employment when the accident occurred, say Alison Loy and Marilyn Fish of Bryan Cave Leighton Paisner LLP.

  • Suddenly, ALJs Become Political Appointees

    Brian Casey

    Less than three weeks after the U.S. Supreme Court decided Lucia v. Securities and Exchange Commission, President Donald Trump signed an executive order applying the court’s rationale in Lucia to the hiring — and firing — of all administrative law judges in the federal government, making them entirely beholden to the heads of their agencies or the president for their jobs, says Brian Casey of Barnes & Thornburg LLP.

  • Employers Can Prepare For New Colo. Data Privacy Law

    Dustin Berger

    Thanks to new legislation recently signed into law by Colorado Gov. John Hickenlooper, organizations that employ workers in the state will soon face more stringent data privacy requirements. Dustin Berger of Holland & Hart LLP reviews key elements of the new requirements and steps employers should take to comply.

  • Incentive Plans And Shareholder Approval After Tax Reform

    William Woolston

    Among the many questions companies face following last year's tax reform is whether to continue seeking periodic shareholder approval for the performance criteria under executive compensation plans, despite elimination of the incentive of a corporate tax deduction. But even if it no longer results in a deduction, there may be other reasons why companies might opt to continue seeking shareholder approval, say William Woolston and Megan Woodford of Covington & Burling LLP.

  • Protecting Employee Benefit Plans With Cyber Insurance

    Laura Fischer

    Employment benefit plans rely on a variety of service providers to administer benefits, making them vulnerable to cyberattacks. Plan sponsors should ensure that their employee benefit plans have as many levels of protection as possible, including fiduciary liability insurance, fidelity bonds and cyber liability insurance, says Laura Fischer of Spencer Fane LLP.

  • Congressional Forecast: July

    Layth Elhassani

    While Senate hearings on the nomination of Brett Kavanaugh to the U.S. Supreme Court will draw much attention during July, Congress remains very busy with fiscal year 2019 appropriations bills. The chambers may go to conference this month on the first of several appropriations "minibuses," says Layth Elhassani of Covington & Burling LLP.

  • A Big Verdict Highlights Hazardous Trucking Practices

    John Jose

    The $90 million verdict handed down against Werner Enterprises by a Texas court in May highlights the dangers that can arise when trucking companies pair an experienced driver with a student, then allow the veteran driver to rest while the student behind the wheel faces dangerous driving conditions. Until this practice is changed, we can anticipate more lawsuits like Werner, says John Jose of Slack Davis Sanger LLP.

  • What Kavanaugh's Writing Tells Us About His Personality

    Matthew Hall

    People with certain personality traits tend to use certain words. A computer analysis of Judge Brett Kavanaugh’s D.C. Circuit opinions reveals that he is highly extraverted, which means that he would be a prominent voice on the U.S. Supreme Court, says Matthew Hall, a professor at the University of Notre Dame.