Employment

  • December 14, 2017

    Anti-Vaxxer Can't Sue Hospital Over Firing, 3rd Circ. Says

    A Philadelphia hospital was justified in firing an employee who refused to receive a flu shot, the Third Circuit affirmed on Thursday, finding in a precedential opinion that his opposition to vaccination was not based on his religious beliefs.

  • December 14, 2017

    BREAKING: NLRB Overturns Employee Handbook Standard

    The National Labor Relations Board overturned its 2004 Lutheran Heritage Village-Livonia standard for weighing the legality of employee handbook policies in a 3-2 decision Thursday, with the board's Republican majority saying it should balance a rule's impact on workers' rights and the employer's reasons for maintaining it in future cases.

  • December 14, 2017

    BREAKING: NLRB Ditches Browning-Ferris Joint Employer Test

    A divided National Labor Relations Board on Thursday erased the Obama-era expansion of the board's test for determining joint employment, overruling a 2015 decision involving Browning-Ferris Industries and resurrecting the pre-Browning-Ferris standard.

  • December 14, 2017

    Del. Justices Revive $51M Bank D&O Incentive Suit

    Delaware’s Supreme Court on Wednesday clarified the limits of business judgment protections for stockholder-approved equity incentive awards, reviving a stockholder suit challenging a regional bank’s $51.5 million award package for directors and officers.

  • December 14, 2017

    New Player Rights Credo Covers Arbitration, Likenesses

    All athletes should have the right to a grievance process where they have an equal say about the choice of arbitrator and have complete ownership over their name, image and likeness, according to new benchmark principles released Thursday by a group of major international sports players unions.

  • December 14, 2017

    BofA Loan Officers Win Cert. In Suit Over Mileage Expenses

    A California federal judge on Wednesday certified a class of nearly 1,900 Bank of America workers in a suit that accuses the bank of failing to reimburse loan officers for use of their personal vehicles, in violation of state law.

  • December 14, 2017

    Insurer Doesn't Owe For $2.8M Suit Against Medical Co.

    A California federal judge found Wednesday that Scottsdale Insurance Co. does not have to cover a medical supply company for a $2.8 million shareholder suit by a former director, finding the suit was based on acts that took place while the former director was covered by the policy.

  • December 14, 2017

    MVP: Littler Mendelson's Maury Baskin

    Littler Mendelson PC’s Maury Baskin played a central role in stopping some of the Obama administration’s signature labor policies in their tracks over the past year, including a controversial overtime rule and a regulation that would have required government contractors to report labor law violations, making him one of Law360’s Employment MVPs for 2017.

  • December 13, 2017

    Waymo-Uber IP Suit Sparked DOJ Probe, Letter Reveals

    Federal prosecutors have launched a criminal investigation in the wake of Waymo’s California federal lawsuit alleging Uber stole self-driving car trade secrets from the Alphabet subsidiary, according to a U.S. Department of Justice letter to U.S. District Judge William Alsup unsealed Wednesday.

  • December 13, 2017

    Boston Lab Again Fails To Dodge Whistleblower's FCA Suit

    A federal judge in Washington, D.C., has conceded that he previously conflated certain duties belonging to medical laboratories, but that did not mean he should reconsider his decision allowing a whistleblower to sue the Boston Heart Diagnostics Corp. for allegedly overbilling the government.

  • December 13, 2017

    10th Circ. Won’t Rehear Ex-Tribe Worker's Contract Row

    The Tenth Circuit rejected a Ute Indian Tribe ex-energy and minerals department employee’s bid for panel or full court rehearing on Wednesday after it sided with the tribe in their contract dispute.

  • December 13, 2017

    Fla. Court Limits Union From Seeking Damages For Members

    A Florida appeals court on Wednesday affirmed that the Fraternal Order of Police, Miami Lodge No. 20 cannot pursue damages for members in a dispute over the city of Miami's 1994 sergeants' exam, because individual members' participation is needed, noting that the issue appeared to be one of first impression.

  • December 13, 2017

    Mattress Firm Sales Employees Launch Overtime Suit

    Mattress Firm Inc. was hit with a proposed class action in Massachusetts federal court on Tuesday by sales employees who allege the company has not properly paid them overtime compensation.

  • December 13, 2017

    Ga. Contractors Get 8 Years For Defrauding CDC

    A Georgia federal judge has sentenced the owners of a Georgia-based company that supplied drywall workers for construction projects to eight years each in prison for misrepresenting to the Centers for Disease Control and Prevention that they had in fact withheld taxes from all workers, the U.S. Department of Justice said Wednesday.

  • December 13, 2017

    Trump's Picks For OSHA, DOL Solicitor Clear Senate Panel

    A Senate panel approved a raft of nominations Wednesday for a variety of key positions within President Donald Trump’s administration, advancing to the full chamber a top FedEx safety official for the next head of the Occupational Safety and Health Administration, and a Kirkland & Ellis LLP partner for the U.S. Department of Labor’s top legal post.

  • December 13, 2017

    No Coverage For Ex-CEO Of Pot Grower, Insurer Says

    Landmark American Insurance Co. asked an Illinois federal judge Wednesday to absolve it of any responsibility to defend a medical marijuana grower’s ex-CEO in a $5 million dispute between him and the enterprise, saying some of the counterclaims in the underlying matter are excluded from coverage.

  • December 13, 2017

    Cancer Treatment Chain Looks To Wipe FCA Claims In Ch. 11

    Bankrupt cancer treatment chain 21st Century Oncology on Tuesday told a New York bankruptcy court that a whistleblower has not brought sufficiently specific allegations to stop it from wiping the slate clean of claims that it falsely charged for medical services done under a dirty contract with a Florida health system

  • December 13, 2017

    Miami Beach Can't Enact New Min. Wage, Fla. Panel Says

    A Florida appeals court on Wednesday affirmed a lower court's decision blocking Miami Beach's proposed minimum wage increase, saying a 2004 voter-approved amendment to the state constitution doesn’t nullify a 2003 state statute that prohibits municipalities from adopting their own wage floors.

  • December 13, 2017

    Judge Did Not Have Conflict In Whistleblower Case: NJ Panel

    A judge who tossed a consumer protection investigator’s whistleblower lawsuit against Atlantic County didn’t need to recuse himself from the case due to his former firm’s past representation of the county, a New Jersey appeals court ruled Wednesday.

  • December 13, 2017

    Senate Dems Press NLRB General Counsel On Priorities

    Two prominent Democratic senators, worried that a memo by National Labor Relations Board General Counsel Peter B. Robb signaled an abrogation of NLRB efforts to protect worker rights, requested information from the former management-side labor lawyer in a Tuesday letter.

Expert Analysis

  • Why Information Governance Is More Important Than Ever

    Linda Sharp

    It used to be that hiring a good law firm was the single most important thing a company could do when facing litigation. You could now make the case that an organization’s most powerful asset in prosecuting or defending a claim is its information, says Linda Sharp, associate general counsel of ZL Technologies and chair of the ACC Information Governance Committee.

  • A Review Of Massachusetts' Marijuana Industry In 2017

    William Moorman Jr.

    It's been an exciting year for the marijuana industry in Massachusetts, with cities and towns now determining whether to embrace the new economic development opportunities presented by recreational marijuana. However, investment in the industry remains risky because the cultivation, use, sale and possession of marijuana remains a crime under federal law, say William Moorman and John Ottaviani of Partridge Snow & Hahn LLP.

  • Biometrics In The Workplace: Best Practices For Compliance

    Thomas Mandler

    Biometric technology may provide higher security and greater efficiencies for employers, but with new technology comes new risks and a patchwork of new legal frameworks to be followed, say attorneys with Akerman LLP.

  • Opinion

    BigLaw Is Behind The Automation Curve

    Michael Moradzadeh

    In its new report on the effects of automation in the workplace, McKinsey Global Institute identifies lawyers as less susceptible to the sort of automation that could put one-third of American workers out of a career by 2030. This may seem reassuring, but it doesn't mean automation won't disrupt our bottom line, says Michael Moradzadeh of Rimon PC.

  • Weighing Wedding Cake Questions At The High Court

    Joel Kurtzberg

    Last week, the U.S. Supreme Court heard oral arguments for Masterpiece Cakeshop v. Colorado Civil Rights Commission. While there are many ways the court could slice this case, it seems likely the vote will be 5-4 with Justice Anthony Kennedy casting the deciding vote, says Joel Kurtzberg of Cahill Gordon & Reindel LLP.

  • Opinion

    Admitting There's A Workplace Bias Problem Is Only Step 1

    Gary Gansle

    If we want to eliminate bias and discrimination in the workplace, from here we need to stop clapping each other on the back for recognizing an obvious problem and move forward to eliminate bias that still exists, says Gary Gansle of Squire Patton Boggs LLP.

  • How Will Hiring With AI Impact Discrimination Claims?

    Amy Strauss

    While artificial intelligence has the potential to limit unwanted biases in a company's hiring process, it's unlikely that using AI will ever completely eliminate the issue, and allegations and lawsuits claiming discrimination in the hiring process will nonetheless persist, says Amy Strauss of Fisher Phillips.

  • Series

    My Supreme Court Debut: No Room For Nervousness

    Jonathan Herstoff

    Although Hamer v. Neighborhood Housing Services was not the first time I had worked on a certiorari petition, it was the first time I had personally taken on a case in which my initial involvement was at the U.S. Supreme Court level, says Jonathan Herstoff of Haug Partners.

  • Series

    Judging A Book: Cooke Reviews 'Constance Baker Motley'

    Judge Marcia Cooke

    Gary Ford's new book, "Constance Baker Motley: One Woman’s Fight for Civil Rights and Equal Justice Under Law," is more than a biography of the first African-American woman to become a federal judge. It presents in vivid detail how her work altered the legal landscape of the United States, says U.S. District Judge Marcia Cooke of the Southern District of Florida.

  • Can Company Counsel Be At Gov't Interviews Of Employees?

    John Irving

    Company attorneys often “demand” to be present for interviews of employees by government agents. But the government’s obligation to permit company counsel's presence depends on the circumstances, and is primarily rooted in attorney ethics rules prohibiting certain contacts with represented parties, says John Irving of Holland & Knight LLP.