• December 15, 2017

    House, Trump Admin, States Settle ACA Subsidy Battle

    The Trump administration, the U.S. House of Representatives and 17 states embroiled in a legal battle over billions of dollars in Affordable Care Act subsidies have agreed to settle a dispute currently pending before the D.C. Circuit, according to an agreement filed in federal court Friday.

  • December 15, 2017

    Special Master Says Uber Should Have Produced Letter

    The special master in Waymo’s self-driving car trade secrets suit against Uber said Friday that a letter detailing an ex-Uber employee’s allegations against the company should’ve been produced during discovery, in a report released the same day the 37-page letter — and its claims of corporate espionage and evidence destruction — was unsealed.

  • December 15, 2017

    5 Questions Raised By NLRB’s Joint Employer About-Face

    The National Labor Relations Board’s decision to reinstate the narrower standard for determining joint employment it had in place prior to its controversial Browning-Ferris ruling has won plaudits from business groups, angered worker advocates and left some experts wondering if Congress is likely to soon decide the issue once and for all. Here, Law360 looks at five questions left lingering by the board’s bombshell decision.

  • December 15, 2017

    Trump's ACA Birth Control Waivers Blocked By Pa. Judge

    A Pennsylvania federal judge on Friday temporarily blocked the Trump administration’s rules dialing back the Affordable Care Act’s contraception mandate through religious or moral exemptions for employers, saying the federal government failed to follow proper procedures in implementing the policies.

  • December 15, 2017

    Gibson Dunn Joins Probe Of Sex Misconduct In Calif. Senate

    A team from Gibson Dunn & Crutcher LLP led by a former federal prosecutor and Sacramento employment specialists Van Dermyden Maddux will conduct a two-year investigation into sexual harassment allegations in the California Senate, a move Senate leaders announced Thursday as part of a commitment to change the culture at the Capitol.

  • December 15, 2017

    NJ Justices Won't Mull 'Exotic Dancers As Employees' Ruling

    The New Jersey Supreme Court has refused to second-guess a state appellate opinion issued this year that a now-defunct strip club owed money to state funds meant for employees who lose their jobs or become disabled because exotic dancers there were employees, not independent contractors.

  • December 15, 2017

    11th Circ. Revives Ex-Detective's Discrimination Fight

    The majority of an Eleventh Circuit panel on Friday revived a former Union City, Georgia, police detective’s claims that she was discriminated against because of her race, gender and a disability when she was fired, saying a jury should decide the case after hearing all the evidence.

  • December 15, 2017

    FBI Agent's Ex-Wife Won't Get 1st Circ. Redo Of Privacy Row

    The First Circuit on Thursday stood by its refusal to revive a lawsuit in which the ex-wife of an FBI agent accused the federal government of negligently supervising his use of the bureau's surveillance equipment, which she said he used to keep track of her during their marriage.

  • December 15, 2017

    Hotel Biz Says Ex-Worker Can't Sue Over Fingerprint Data

    Pineapple Hospitality Co. urged an Illinois federal court Friday to dismiss class allegations that the luxury hotel management company violated the state’s stringent biometric data law by collecting worker fingerprints, saying the ex-worker bringing the suit cannot prove workers were harmed by the practice.

  • December 15, 2017

    FIFA Suspends Brazil Soccer Prez Named In Corruption Case

    The FIFA Ethics Committee on Friday suspended Brazilian soccer association President Marco Polo del Nero, who is named in the sweeping FIFA corruption case, a move that brings further scrutiny to the man as he has evaded U.S. courts.

  • December 15, 2017

    Uber Driver Objectors Call $7.5M Deal 'Outrageously Low'

    Hundreds of objectors to a $7.5 million deal ending a class action against Uber for allegedly violating the Fair Credit Reporting Act by using background checks without applicants’ knowledge to make hiring decisions urged a California federal judge Thursday not to approve the "outrageously low" settlement amount.

  • December 15, 2017

    Del. High Court Affirms $2M Legal Fees To Ex-Optimis CFO

    A three-justice panel of the Delaware Supreme Court on Friday affirmed a lower court ruling granting a $2 million judgment for attorneys’ fees in favor of the former chief financial officer of physical therapy firm OptimisCorp after a fight over control of the company.

  • December 15, 2017

    Casino, Union To Settle Unfair Labor Practice Charges

    Las Vegas-based Hard Rock Hotel & Casino has agreed not to interfere with its workers’ rights to join or assist a union as part of a deal with a UNITE HERE affiliate that would settle a matter before the National Labor Relations Board, the union announced Friday.

  • December 15, 2017

    NLRB Nixes Specialty Healthcare's 'Micro-Unit' Standard

    The National Labor Relations Board on Friday overturned an Obama-era ruling allowing “micro-units” of workers to unionize in a decision split along party lines, lowering the bar for employers to expand bargaining units past the limits proposed by workers.

  • December 15, 2017

    MGM Slashes Suit By Ex-Atty Facing Child Sex Charges

    A California judge on Friday granted MGM’s request to toss defamation and employment claims brought by an entertainment attorney who was fired from an MGM subsidiary after he was charged with sexual assault of a child, but said the lawyer could take another shot at the employment claims.

  • December 15, 2017

    Jimmy John's Managers Can Sue Franchisees, 7th Circ. Says

    The Seventh Circuit reversed a decision Thursday that blocked a number of Jimmy John’s assistant store managers from suing the owners of the sandwich-shop franchises where they work over allegedly unpaid wages while their litigation bringing similar claims against the franchisor proceeds, saying a lower court didn’t have the authority to issue the injunction.

  • December 15, 2017

    Texas High Court Frees Doctors From Defamation Suit

    Texas’ high court on Friday freed four University of Texas doctors from a defamation suit brought by a medical resident, rejecting the resident's attempt to skirt a state law that prevents him from naming both the state university and its employees in the suit.

  • December 15, 2017

    Unions, Fashion Brand Settle Bangladesh Fire Safety Accord

    Two international labor unions said Friday they had reached a settlement in arbitration proceedings with an unnamed global fashion company that will ensure the Bangladeshi supplier factories used by the brand are brought up to the safety standards laid out under the country’s Accord on Fire and Building Safety.

  • December 15, 2017

    NLRB Reverses On Employers' Duty To Bargain With Unions

    The National Labor Relations Board in a split decision Friday overturned a 2016 ruling limiting the changes employers can implement in union workplaces, restoring 50-year-old precedent that allows businesses to change policies without a union’s permission if they’ve taken similar actions before.

  • December 15, 2017

    MVP: Jones Day's Matthew Lampe

    Jones Day labor and employment practice co-chair Matthew Lampe had another banner year in 2017, securing judgments ending and narrowing two suits against IBM and helping Verizon beat back a potentially costly wage class action to earn himself a spot among Law360’s 2017 Employment MVPs.

Expert Analysis

  • Alternative Fees: My Experience At Bartlit Beck

    J.B. Heaton

    Bartlit Beck was a wonderful place to work for 18 years, and the lawyers there are not only excellent attorneys but also great people. That said, and stating my biases upfront, it is possible for me to look analytically at the Bartlit Beck fee model and make some observations on the pros and cons of one version of alternative fees, says J.B. Heaton, founder of investment analytics company Conjecture LLC.

  • Employers' Insurance Issues For Sexual Harassment Claims

    Micah Skidmore

    With daily revelations of sexual assault committed by public figures, employers are renewing their focus on employment practices liability insurance. However, the extreme social sensibility associated with sexual assault claims may complicate recovery, and employers should consider three key issues when seeking recovery under EPLI forms, says Micah Skidmore of Haynes & Boone LLP.

  • Opinion

    Jurors Should Have An Active Voice In Trials

    Judge Amos Mazzant III

    We tell jurors how important they are to the successful implementation of our judicial system, but oftentimes we don’t treat them with the reverence they deserve. U.S. District Judge Amos Mazzant III of the Eastern District of Texas, Lisa Blue of Baron and Blue, and Robert Hirschhorn of Cathy E. Bennett & Associates advocate three jury system improvements that will give jurors an active voice and role in our civil and criminal jury trials.

  • DOL Fiduciary Rule — Still Very Much Alive

    Robert Gower

    While certain requirements of the U.S. Department of Labor's Fiduciary Rule were recently delayed, the rule's expanded definition of a fiduciary and the standards to which such fiduciaries are to be held are currently in effect, says Robert Gower of Trucker Huss APC.

  • 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.