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Employment

  • May 22, 2019

    NLRB Targets Grad Student Unions In New Reg Agenda

    The National Labor Relations Board is planning to unveil regulations that clarify whether graduate student assistants at private universities can unionize and the U.S. Department of Labor will seek public feedback on a potential update to rules governing the Family and Medical Leave Act, according to a regulatory road map the federal government released Wednesday.

  • May 22, 2019

    Ex-Student Sues U. Of Miami, Prof Over Sexual Harassment

    The University of Miami acted with "deliberate indifference" when it failed to address a professor’s harassment of a former business school student who was dismissed after he campaigned to have her removed, according to a lawsuit filed Wednesday in a Florida federal court.

  • May 22, 2019

    Boston Police Officers Seek Class Cert. In Test Bias Suit

    A group of more than two dozen Boston police officers are seeking class certification for the remedy stage of a case in which a Massachusetts federal judge ruled that a test for cops seeking a promotion violated anti-discrimination laws.

  • May 22, 2019

    Union Launches New VW Election Push After NLRB Loss

    The United Auto Workers asked the National Labor Relations Board again Wednesday to let workers at Volkswagen’s Tennessee plant vote to organize, hours after a split NLRB panel rejected an election petition the union filed last month.  

  • May 22, 2019

    4th Circ. OKs Time Warner Worker's Jury Win In Age Bias Suit

    A Fourth Circuit majority on Wednesday affirmed a fired Time Warner Cable worker's $335,000 jury win over the "croaks" from a dissenting member, saying the worker offered enough evidence that the company used her fudging a date on a form as an excuse for firing her because of her age.

  • May 22, 2019

    Ga. Court Revives Doc-Turned-Atty's Suit Against Ex-Firm

    A Georgia appeals court on Wednesday revived a suit accusing a personal injury law firm of failing to properly compensate an associate, who was also a former medical doctor, for the work he did on three settled cases, saying it should be up to a jury to decide whether he deserves the money.

  • May 22, 2019

    Judge Confirms DOD Must Provide Docs In HIV Policy Dispute

    A Virginia federal judge on Wednesday largely affirmed a magistrate’s order requiring the U.S. Department of Defense to cough up hundreds of allegedly privileged documents as part of a challenge to its HIV policy, but allowed the Pentagon to hold back certain draft documents.

  • May 22, 2019

    Lands' End Uniforms Make Delta Workers Sick, Suit Says

    Delta Air Lines Inc. employees on Wednesday hit Lands' End with a proposed class action in New York federal court, alleging that its "Passport Plum" uniforms have caused some flight attendants to fall ill and others to lose their hair. 

  • May 22, 2019

    NLRB Says Guard's Heated Chat Cost Her Labor Law Defense

    The National Labor Relations Board has agreed with an administrative law judge's finding that an Entergy Nuclear Operations Inc. security guard wasn't wrongly disciplined when she was given a verbal warning after a heated conversation with a co-worker about the removal of a water cooler.

  • May 22, 2019

    Tesla's Bid To Arbitrate Race Bias Suit Runs Out Of Juice

    Tesla can't send to arbitration a proposed class action claiming it tolerated harassment toward black workers at one of its plants, a California appellate court said Tuesday in affirming a lower court's finding that the electric-car maker can't enforce a contract the accuser never signed.

  • May 22, 2019

    Amgen Says Rival Used Trade Secrets To Poach 14 Reps

    Amgen should be allowed to pursue its claim that rival biopharmaceutical company Karyopharm Therapeutics used its trade secrets to poach 14 of Amgen's top sales reps in a single day, an Amgen attorney told a state court judge Wednesday in Boston's Business Litigation Session.

  • May 22, 2019

    Cremation Co. To Pay $1.7M To End Sales Reps' Wage Suit

    A California federal judge has greenlighted a settlement of about $1.7 million for a proposed class of sales representatives who claimed a cremation company orchestrated an “elaborate scheme” to avoid paying minimum wages and overtime by misclassifying them as independent contractors. 

  • May 22, 2019

    How A 1925 Law Evolved To Become Crucial For Employers

    Nearly a century after its passage, the Federal Arbitration Act of 1925 has taken on a life experts say its drafters never imagined. In the third of a four-article series marking the anniversary of the Epic Systems ruling, Law360 charts how a law envisioned as a narrow procedural reform ended up with a starring role in the biggest employment decision of 2018.

  • May 22, 2019

    Sex Bias Accuser Says MoFo Sabotaged Her Job Hunt

    One of seven lawyers behind a proposed class action accusing Morrison & Foerster LLP of sex discrimination says the firm sabotaged her job prospects at three BigLaw firms after firing her for getting pregnant.

  • May 22, 2019

    Downsizing Senior NY Judge Tells Litigants, 'I'll See You'

    Senior U.S. District Judge John F. Keenan told a group of lawyers involved in thorny dual-track privacy and financial services employment litigation Wednesday that he's scaling back his caseload, saying: "Good luck with it all. I'll see you!"

  • May 21, 2019

    11th Circ. Says Bad Logic Ends White Prof’s Bias Suit

    The Eleventh Circuit ruled Tuesday that a black community college president didn't use a policy to promote internal employees as a smokescreen to discriminate against a white administrator after a black colleague with fewer academic degrees landed a top dean position.

  • May 21, 2019

    Ex-VA Nurse Fired For Sleeping Loses Disability Bias Suit

    A former Department of Veterans Affairs nurse who was ousted for dozing off on the job can’t pursue claims that she was discriminated against because she suffered from sleep apnea, a Pennsylvania federal judge ruled Tuesday, saying she couldn’t show her condition qualified as a disability.

  • May 21, 2019

    Littler Brings Back 2 Former Shareholders In Calif., Minn.

    Littler has announced the return of two former shareholders — one in San Diego and one in Minneapolis — who together will bring to the firm roughly 40 years of experience on employment matters such as paid sick leave, class actions and noncompetes.

  • May 21, 2019

    EEOC Slaps Cardinal Health With Race Discrimination Suit

    African American employees at global health care company Cardinal Health suffered years of harassment by supervisors, managers and co-workers who routinely used racist epithets and made degrading comments, according to a federal lawsuit by the U.S. Equal Employment Opportunity Commission Tuesday.

  • May 21, 2019

    Fisher Phillips Nabs Employment Law Pro From Polsinelli

    Fisher Phillips has beefed up its presence in Kansas City, Missouri, by scooping up a seasoned employment law litigator who has left Polsinelli after an almost 30-year tenure.

Expert Analysis

  • Arbitration Pacts In Franchising: One Size Doesn't Fit All

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    Many franchise companies have started to shift away from making arbitration the default and preferred method for dispute resolution. But considering whether to require binding arbitration of franchise disputes can be a million-dollar question, says Doug Knox of Spencer Fane.

  • Opinion

    How Lawyers Can Help Save The Planet

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    Over a dozen major law firms have joined our effort to overcome the legal obstacles that states, cities and businesses face in fighting climate change. But more lawyers are needed, say Michael Gerrard of Columbia Law School and John Dernbach of Widener University Commonwealth Law School.

  • Amendments Would Add Clarity To Texas Anti-SLAPP Law

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    If signed into law by the Texas governor, recent amendments to the Texas Citizens Participation Act will offer solutions to resolve the impact the anti-SLAPP law has had on unfair competition lawsuits in the state. The changes include several notes of interest for Texas practitioners, says Matthew Simmons of Littler Mendelson.

  • What 9th Circ.'s Take On Dynamex Means For Calif. Employers

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    In Vazquez v. Jan-Pro, the Ninth Circuit ruled that the California Supreme Court’s Dynamex decision should be applied retroactively, reminding employers of the hurdles presented by Dynamex’s so-called ABC test for worker classification, and of the potential exposure for employee misclassification, says Grant Alexander of Alston & Bird.

  • Inside The New FCA Cooperation Credit Guidelines

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    The recently issued U.S. Department of Justice cooperation credit guidelines provide False Claims Act litigators important information about factors the government considers before awarding cooperation credit or moving to intervene and dismiss a qui tam relator's suit, say attorneys at Cleary.

  • Q&A

    A Chat With Gilead Sciences Legal Ops Leader Gary Tully

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    In this monthly series, legal recruiting experts from Major Lindsey & Africa interview legal industry leaders about the increasingly competitive business environment. Here, Rod Osborne talks with Gary Tully, head of legal operations at Gilead Sciences.

  • How DOJ Compliance Guide Affects Employer Best Practices

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    April guidance from the U.S. Department of Justice on corporate compliance programs serves as a reminder of the value of coordination among a company’s human resources, legal and compliance functions, say Steven Pearlman and Pinchos Goldberg of Proskauer.

  • Claiming The 'Iron Throne' With A Noncompete?

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    While watching events unfold on the final season of "Game of Thrones," it occurred to me: Many of Daenerys Targaryen’s problems concerned with her claim to the Iron Throne might have been solved with an enforceable noncompete, says Emily Wajert of Kramer Levin.

  • Cybersecurity Enforcement Shouldn't Be Left To FCA Relators

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    The denial last week of a contractor's motion to dismiss a False Claims Act case in the Eastern District of California wrongly looks to whistleblowers for cybersecurity enforcement and may allow cybersecurity to become the qui tam bar’s next feeding ground, say Robert Metzger and Stephen Bacon at Rogers Joseph O'Donnell.

  • EEOC Data Rules Pose 2 Equal Pay Study Challenges

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    New reporting requirements will provide the U.S. Equal Employment Opportunity Commission with additional data to evaluate employers’ pay practices, but the type of data to be collected and the statistical tests the EEOC proposes may result in several issues for employers, says Audrius Girnius at Advanced Analytical Consulting Group.