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Employment

  • August 20, 2018

    Effort To Boost Diversity In Leadership Touts Top Law Firms

    An effort launched last summer to encourage law firms to affirmatively consider women and attorneys of color for leadership roles and promotions by taking a page from the NFL's diversity playbook is cheering its first-year success — with 41 law firms crossing the goal line.

  • August 20, 2018

    Court Finds Hospital Worker Didn't Follow Steps In Wage Row

    The Massachusetts Appeals Court affirmed the dismissal of a state employee's wage suit against Lemuel Shattuck Hospital, agreeing Monday with a lower court's finding that she failed to exhaust the grievance process and lacked authority to file her overtime nonpayment claims under state law.

  • August 20, 2018

    Calif. High Court Says Background Check Laws Can Overlap

    California's highest court ruled Monday in favor of a class of current and former bus drivers who accused their employers and two investigative consumer reporting agencies of conducting background checks without permission, clearing up compliance guidelines that involve two overlapping state laws.

  • August 20, 2018

    NLRB Tells Sears To Re-Recognize Backroom Workers Union

    Sears Roebuck and Co. must recognize and bargain with a union representing its backroom associates after a National Labor Relations Board judge found that the company violated federal labor law by relying on a decertification petition that was circulated too early when withdrawing its recognition. 

  • August 20, 2018

    Littler Adds Acting EEOC Chair's Top Atty To Policy Shop

    The chief of staff for Equal Employment Opportunity Commission acting Chair Victoria Lipnic is leaving the agency to join management-side powerhouse Littler Mendelson PC’s labor, employment and benefits lobbying arm, the firm announced Monday.

  • August 20, 2018

    7th Circ. Says Caterpillar Trust Plan Wasn't Age-Biased

    The Seventh Circuit on Monday upheld a finding that the liquidation of Caterpillar Inc.'s unemployment benefit plan for an Illinois plant was not a case of age discrimination, saying the heavy equipment manufacturer had legitimate business reasons for structuring the program the way it did.

  • August 20, 2018

    Wash. AG: More Fast Food Giants To Ax ‘No-Poach’ Clauses

    Washington State Attorney General Bob Ferguson said Monday that eight restaurant chains, including Applebee’s and IHOP, agreed to drop their practice of using no-poach clauses to prevent employees from moving between franchise locations, adding to a recently announced list that included Carl’s Jr. and McDonald’s.

  • August 20, 2018

    EEOC Hits Harley-Davidson Dealership With Sex Bias Suit

    The U.S. Equal Employment Opportunity Commission said Monday that it has sued the owners of a Tampa Bay-based Harley-Davidson dealership in Florida federal court, claiming the company repeatedly promoted men to manager sales positions instead of promoting a qualified female candidate.

  • August 20, 2018

    UPS Hit With Suit Over Trademark Threats Against Worker

    A United Parcel Service employee sued the company in Georgia federal court on Monday after being threatened with a trademark lawsuit for using the company’s name, logo and colors in the course of criticizing the treatment of workers.

  • August 20, 2018

    Are Federal Paid Leave, Scheduling Laws On The Horizon?

    Federal lawmakers have introduced competing bills aimed at making sure private businesses give workers time off to care for themselves and their loved ones and allow them more control over their schedules. The measures have fueled a conversation that could eventually culminate in employers being able to craft uniform nationwide leave and scheduling policies instead of having to navigate a patchwork of state and local laws. Here, Law360 takes a look at what’s on the table.

  • August 20, 2018

    5th Circ. Dismisses Doctor's Suit Against VA Over Firing

    The Fifth Circuit on Monday tossed a suit brought by a doctor accusing a Veterans Affairs hospital of unlawfully firing him for blowing the whistle on patient safety issues, saying the doctor's claims are preempted by a federal law governing the employment of government employees.

  • August 20, 2018

    Contractors Off The Hook For Illinois Roof Worker's Fall

    An Illinois state appeals court on Friday sided with a general contractor and a subcontractor for a hospital construction project in a lawsuit seeking to hold them responsible for injuries caused by a roof builder’s fall, affirming a determination that the companies cannot be held liable for the incident.

  • August 20, 2018

    Ex-NFL Alumni Worker Says She Was Fired After Harassment

    A former chapter coordinator for the NFL Alumni Association has filed suit against the group and its former CEO Joe Pisarcik, claiming she was fired in retaliation for turning down Pisarcik’s sexual advances.

  • August 20, 2018

    Navillus Strikes Deal With Unions That Bankrupted It

    New York City construction heavyweight Navillus Tile Inc. has reached a deal with the unions that forced it into bankruptcy last year with a devastating $76 million judgment, paving the way for an exit from Chapter 11 as early as October, the concrete contractor says.

  • August 20, 2018

    VA Chief Rescinds Some Bargaining Rights For Union Staff

    U.S. Department of Veterans Affairs employees can no longer use their collective bargaining rights to negotiate on certain professional conduct and patient care issues after VA Secretary Robert Wilkie rescinded a related memorandum of understanding, the VA announced.

  • August 20, 2018

    2nd Circ. Looks Set To Revive Ex-Salesman's Gay Bias Suit

    A gay former Breitling SA salesman who claims the watchmaker created a “macho” culture that led to his firing looked on track for a new shot at winning damages in the wake of a sea change in Second Circuit law, but an appellate panel appeared reluctant Monday to bypass a new round of summary judgment arguments and send the case straight to a Manhattan jury.

  • August 20, 2018

    Calif. Hotel Panic Button Bill Fails In Fiscal Committee

    A proposed California "panic button" bill that would make hospitality companies protect employees who work alone in hotel rooms from sexual harassment and assault has stalled in the state Senate’s appropriations committee, but the bill's sponsor said he plans to reintroduce it.

  • August 20, 2018

    California Diaper Co. Can't Dodge Massachusetts FCA Suit

    The largest supplier of adult diapers and other incontinence products to patients covered by California’s Medicaid program cannot prevail over a False Claims Act case just because the company settled similar allegations years ago, a Massachusetts federal judge has ruled.

  • August 20, 2018

    NLRB Tells Masonry Co. To Quit Stalling On Bargaining

    The National Labor Relations Board on Friday ordered Florida's Advanced Masonry Associates LLC to begin negotiating a collective bargaining agreement with workers represented by a chapter of the International Union of Bricklayers and Allied Craftworkers, saying issues the company had with the validity of the bargaining unit and its status as a labor organization were resolved during a prior proceeding.

  • August 20, 2018

    3rd Circ. Won't Revive Taxi Cos.' Suit Over Uber-Newark Deal

    Taxi and limousine operators lost their bid to revive a putative class action against Newark, New Jersey, over its $10 million agreement with Uber Technologies Inc. after the Third Circuit found Monday that the city was justified in subjecting the ride-hailing company’s drivers to less stringent regulations.

Expert Analysis

  • The Developing Concept Of Fair Pay In Calif.

    Lindsay Hutner

    Gov. Jerry Brown recently approved AB 2282, yet another amendment to California's laws addressing pay equity issues. Lindsay Hutner and Tayanah Miller of Greenberg Traurig LLP review the state's current fair pay laws and explain how employers can prepare before the new law takes effect next year.

  • The 'Post-Fact' Jury In The 'Fake News' Era

    Ross Laguzza

    The "fake news" phenomenon is ever more prominent in the political arena — but not in the jury box. At a trial, jurors don’t have to rely on the media or any other source to tell them the facts and issues, since they have a front-row seat to the action, says Ross Laguzza, a consultant at R&D Strategic Solutions LLC.

  • Series

    Judging A Book: Lipez Reviews 'Last Great Colonial Lawyer'

    Judge Kermit Lipez

    In his new book, "The Last Great Colonial Lawyer: The Life and Legacy of Jeremiah Gridley," Charles McKirdy argues that Gridley — someone I had never heard of — was the last great colonial lawyer, and that his cases illuminate his times. The author largely substantiates both claims, says First Circuit Judge Kermit Lipez.

  • Wrongful Termination Claims And NLRB's Burden Of Proof

    Douglas Darch

    In Tschiggfrie Properties v. National Labor Relations Board, a three-member panel of the Eighth Circuit vacated the NLRB's decision involving an employee who was fired for abusing his employer's Wi-Fi and sleeping on the job. The ruling is a helpful reminder of the NLRB's burden of proof in a mixed-motive wrongful termination case, say Douglas Darch and Jenna Neumann of Baker McKenzie.

  • How Courts Approach Trade Secret Identification: Part 2

    Mark Klapow

    Early trade secret identification is a thorny issue on which courts and commentators have not reached consensus. Attorneys at Crowell & Moring LLP propose a model trade secret identification process that serves the interests of both sides in a dispute.

  • 6th Circ. Adds To Individual Assessment Trend Under ADA

    Robert Horton

    The Sixth Circuit's recent opinion in Hostettler v. The College of Wooster is a cautionary tale for employers faced with a full-time employee seeking a modified work schedule as an accommodation under the Americans with Disabilities Act, say Robert Horton and Courtney Williams of Bass Berry & Sims PLC.

  • Opinion

    #MeToo Is Missing An Investigative Process

    Jen Rubin

    A little-discussed side effect of the #MeToo movement is its impact on individuals who are accused, but not found guilty through an investigative process, of workplace misconduct. A community judgment of guilt is neither morally nor legally equivalent to a fair investigation, says Jen Rubin of Mintz Levin Cohn Ferris Glovsky and Popeo PC.

  • Takeaways From 1st Retroactive Application Of Dynamex

    Desi Kalcheva

    The California Supreme Court's Dynamex opinion — fashioning an updated California test for distinguishing between employees and independent contractors — has stirred much speculation about its scope and the extent of its application. Now, for the first time, in Johnson v. Imperial Showgirls the decision has been applied on a retroactive basis, says Desi Kalcheva of Paul Plevin Sullivan & Connaughton LLP.

  • Interview Essentials For Attorneys On The Move

    Eileen Decker

    Across the country this fall, recent law school graduates, law firm associates and experienced professionals will interview for positions in private practice and government service. Sharing tips on how to stand out in this high-pressure, hypercompetitive process are Eileen Decker, former U.S. attorney for the Central District of California, and Keith Jacoby, co-chairman of Littler Mendelson PC’s class action practice group.

  • Opinion

    Coach Contract Sexual Misconduct Clauses Are Concerning

    Scott Bernstein

    A clause added to The Ohio State University head football coach Urban Meyer's contract, requiring him to report any known violations of the school’s sexual misconduct policy, may seem noncontroversial. However, because schools often define sexual misconduct too broadly, this type of provision could cause lasting harm to innocent student-athletes, say Scott Bernstein and Justin Dillon of KaiserDillon PLLC.