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Employment

  • April 19, 2019

    Amazon Fights Nationwide Cert. Bid In Drivers' Wage Action

    Amazon pushed back Thursday against a judge’s suggestion that a Florida federal court could oversee a nationwide collective action accusing the e-commerce titan of shorting delivery drivers on pay, saying claims from out-of-state residents must be excluded.

  • April 19, 2019

    Jimmy John's Workers Say No-Poach Suit Must Be Heard

    Jimmy John's employees who are fighting the company's no-poach agreements for franchisees have urged an Illinois federal court not to throw out the case after the U.S. Department of Justice said such agreements aren't automatically illegal.

  • April 19, 2019

    Anti-Straight Bias Not Forbidden By Title VII: 5th Circ.

    A Fifth Circuit panel said Friday that federal workplace discrimination law does not block employers from firing straight workers because of their sexuality, refusing to budge from its stance that Title VII of the Civil Rights Act does not cover sexual orientation.

  • April 19, 2019

    Hunton Andrews Nabs Constangy Employment Litigator

    A year after a merger between Andrews Kurth and Hunton & Williams brought Hunton Andrews Kurth, the firm has added a litigator from Constangy Brooks to spearhead the expansion of its labor and employment practice in the Northeast.

  • April 18, 2019

    Buffalo Wild Wings Branch to Pay $650K To End Wage Suit

    A Buffalo Wild Wings franchisee agreed to pay $650,000 to settle workers' class claims that it paid them below minimum wage for long periods of untipped work, according to an order preliminarily approving the deal in Missouri federal court.

  • April 18, 2019

    Judge Won't Sanction MoFo Atty Fired At 8 Months Pregnant

    A California judge won't sanction a former Morrison & Foerster LLP associate suing the firm for pregnancy discrimination despite accepting a severance package purportedly barring legal action, saying her claims aren't frivolous and it's "common sense" she didn't have job alternatives when she was fired at eight months pregnant.

  • April 18, 2019

    Lowe's Shakes Ex-Employee's FLMA Retaliation Suit

    A West Virginia federal judge awarded Lowe's a win Thursday over a former employee’s suit claiming the retailer illegally fired her for taking leave under the Family and Medical Leave Act following a lung cancer diagnosis, saying there was no evidence the worker faced mistreatment.

  • April 18, 2019

    USPS Must Cover Ex-Worker's Tax Liability, Fed. Circ. Says

    The Federal Circuit has ordered the U.S. Postal Service to reimburse an ex-employee some $34,000 for the tax consequences of receiving a lump-sum payment from a 2003 agreement on a discrimination complaint.

  • April 18, 2019

    Weinstein, But Not His Film Cos., To Face Sex Trafficking Case

    Hollywood producer Harvey Weinstein will face a trafficking charge brought by women who say he coerced them into having sex with him, a Manhattan federal judge said Thursday in a ruling that dismissed his former film companies from the suit.

  • April 18, 2019

    Lesbian Teacher Scores $850K Settlement In Bias Suit

    A Southern California school district has agreed to pay $850,000 to resolve a suit alleging it discriminated against a lesbian teacher by not renewing her contract, Lambda Legal announced Thursday, saying the deal was the largest employment discrimination settlement Lambda has ever obtained.

  • April 18, 2019

    Ditech Employee Bonus Program Gets Ch. 11 Court Approval

    “Key employees” at Ditech Holding Corp. received extra incentive Thursday to hit enhanced performance goals and procure increasing bids from interested parties to buy the company out of Chapter 11, as a New York bankruptcy judge approved a bonus program that could pay the recipient pool more than $30 million.

  • April 18, 2019

    Hogan Lovells Picks Up Another Weil Partner In Silicon Valley

    Hogan Lovells has picked up Weil Gotshal & Manges LLP's California complex corporate litigation head, a longtime Weil employee with particular experience in patents and trade secrets, the firm said Tuesday.

  • April 18, 2019

    Workers Defend Cert. In 3rd Circ. American Airlines Wage Row

    American Airlines workers told the Third Circuit on Thursday that the airline uniformly failed to pay employees at Newark Liberty International Airport for all the hours they worked and cannot try to dismantle three certified subclasses of employees suing over wage and hour violations.

  • April 18, 2019

    Ex-NFLers' Painkiller Claims Against League Fall Short Again

    NFL players accusing the NFL of giving them painkillers to get them back into the game without regard for their long-term health had their suit shot down a second time by a California federal judge Thursday, who ruled they couldn't show how the relevant drug laws applied to the league.

  • April 18, 2019

    FCC’s Carr Touts Plans To Expand 5G Job Training

    The U.S. can accelerate the transition to 5G high-speed mobile networks through dedicated job training, particularly in the wireless infrastructure field, Federal Communications Commissioner Brendan Carr said Thursday while touring a model program in South Carolina.

  • April 18, 2019

    The Big Picture: How #MeToo Is Changing The Legal Industry

    As fallout from the #MeToo movement continues to reverberate throughout the legal industry, law firms are eagle-eyeing old attitudes and the judiciary is looking more closely at disciplinary mechanisms. Here, Law360 provides continuing coverage of the movement.

  • April 18, 2019

    CBD Oil Cos. Must Face RICO Claims, Judge Rules

    A trucker who was fired after he failed a drug test can pursue racketeering claims against companies who claimed a CBD oil he used didn't contain THC, a New York federal judge ruled Wednesday.

  • April 18, 2019

    Grocery Union Hit With NLRB Charge In Stop & Shop Strike

    An official for a Massachusetts chapter of the United Food and Commercial Workers union incorrectly told a Stop & Shop employee he would be fired if he resigned from the union and returned to work during an ongoing strike, according to charges filed Wednesday with the National Labor Relations Board.

  • April 18, 2019

    Metal Co.'s Dues Collection Cutoff Legal, Split NLRB Says

    A metals company didn't break federal labor law when it stopped collecting union dues because of a 2015 Wisconsin law, a divided National Labor Relations Board panel said Wednesday, the same day Wisconsin dropped its push for the U.S. Supreme Court to review a ruling that nixed a key part of that state law.

  • April 18, 2019

    Hospice Aide Charged With Nursing Home Trade Secrets Theft

    A former nurse's aide has been criminally charged in Pennsylvania state court with stealing trade secrets and patient records the day she was fired from a Pittsburgh-area nursing home, a theft discovered when she produced the documents for an unpaid overtime lawsuit against her ex-employer, court records show.

Expert Analysis

  • New Chancery Guidance On Books And Records Law

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    The Delaware Court of Chancery’s recent decisions in Schnatter, Tempur-Sealy and CHC Investments further delineate the metes and bounds of a stockholder's right to obtain a company's books and records, say attorneys with Winston & Strawn.

  • Downsides To Accelerating Contractor Debarment Decisions

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    A new pilot program from the U.S. Department of Labor aims to reduce processing times for suspensions and debarments of indicted or convicted government contractors, but there are a few reasons the agency might reconsider the plan, says Dominique Casimir of Arnold & Porter.

  • Opinion

    Jury Trials Are In Decline For Good Reason

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    A recent Law360 article reported on federal judges bemoaning jury trials' nationwide decline, but these laments are unfounded as jury trials have been replaced by better alternatives, says J.B. Heaton of J.B. Heaton Research.

  • Reverse FCA Cases Rise With 'America First' Trade Policies

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    Though the number of reverse False Claims Act suits alleging importers made false customs declarations will likely keep increasing given the Trump administration's protectionist policies, importers can take steps to mitigate their risks, say attorneys at Crowell & Moring.

  • What To Expect 1 Year After DOL's Updated Internship Test

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    As companies begin to usher in summer interns, it's not extremely clear how courts will apply the U.S. Department of Labor's seven-part test for classifying internships as paid or unpaid, which was introduced just over one year ago and has not yet been addressed in a major lawsuit, says Elizabeth Vulaj of Segal McCambridge.

  • Few Avenues To Protection For Foreign FCPA Whistleblowers

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    The Ninth Circuit's recent decision in Wadler v. Bio-Rad falls within a larger pattern of federal courts interpreting whistleblower protection statutes narrowly — especially when employees raise allegations about international business and potential Foreign Corrupt Practices Act violations abroad, say Daniel Wendt and Amelia Hairston-Porter of Miller & Chevalier.

  • Series

    Why I Became A Lawyer: A Circuitous Path To The Law

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    Instead of going to college after high school, I followed in my father’s footsteps and became an electrician. Later I became an electrical engineer, and then an IP attorney. Every twist and turn along the way has made me a better lawyer, says Joseph Maraia of Burns & Levinson.

  • Joint Employer Rules Are Developing, But Still Far From Clear

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    Proposed rules from the U.S. Department of Labor and the National Labor Relations Board regarding joint employer status bear similarities, but discrepancies in how joint employer factors are described and other subtle differences may lead to varied interpretations, say Natalie Chan and Katherine Roberts of Sidley Austin.

  • Employer Considerations When Using Garden Leave Clauses

    Excerpt from Lexis Practice Advisor
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    Garden leave — when a departing employee remains on company payroll and cannot compete with the employer — is an attractive alternative to regular noncompetes. Elisaveta Dolghih of Lewis Brisbois discusses the advantages and disadvantages of garden leave provisions and provides drafting best practices.

  • Series

    Judging A Book: Conrad Reviews 'The Jury Crisis'

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    In "The Jury Crisis," jury consultant and social psychologist Drury Sherrod spotlights the vanishing jury trial, providing a fascinating canary-in-the-coal-mine warning for lawyers, litigants and society at large, says U.S. District Judge Robert Conrad of the Western District of North Carolina.