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Employment

  • December 7, 2018

    Law360's Employment MVPs Get The Job Done

    From the introduction of the term "inclusion rider" into the public lexicon during January's Academy Awards and the ongoing reckoning with sexual harassment in the workplace, to high-stakes wage and discrimination cases, it's been a big year for employment law. The accomplishments of these six lawyers set them apart from their peers and landed them on Law360's list of Employment MVPs.

  • December 7, 2018

    Vaccine Refusal Was Fireable Offense, 8th Circ. Rules

    Allina Health System did not violate the Americans with Disabilities Act or Minnesota disability laws when it fired an employee who refused to get immunized against rubella because the job requirement protects potentially vulnerable patients, an Eighth Circuit panel ruled Friday, backing a lower court’s decision to throw out the case.

  • December 7, 2018

    Atty Asks To Stay In NFL Suit Despite Disciplinary Charges

    A California attorney has asked the Ninth Circuit to allow him to continue representing a former NFL cheerleader in her proposed class action against the league despite the fact that a judge with the state bar court has recommended that he be disbarred for exploiting an elderly client and his license has been listed as inactive.

  • December 7, 2018

    Sports Agency's Commission Suit Moved To Va. State Court

    A Virginia federal judge on Friday remanded a suit by Paramount Sports & Entertainment Management against a former agent over commissions back to state court, ruling the agent’s employment agreement precludes the case’s removal to federal court.

  • December 7, 2018

    Education Corp. Faces WARN Suit After Campus Shutdowns

    A group of employees working at for-profit colleges operated by Education Corp. of America filed a proposed class action suit Friday in Delaware federal court alleging they lost their jobs without proper notice when the company shut down all of its campuses earlier this week after losing its accreditation.

  • December 7, 2018

    US Trustee Objects To Sears' $25M Exec Bonuses In Ch. 11

    The U.S. Trustee's Office on Friday asked a New York bankruptcy court to reject Sears Holding Corp.’s request to pay up to $25 million in bonuses to top executives, saying there is not enough information on the criteria for the bonuses.

  • December 7, 2018

    Amazon Wage Suit Survives, But Class Claims Are Nixed

    A California federal judge ruled that Amazon.com LLC must face the bulk of a delivery driver’s suit alleging that the company flouted state labor laws by shorting her on wages and breaks, but struck her class claims from the suit with leave to amend.

  • December 7, 2018

    Customer Service Reps Sue Verizon Over Unpaid Work Hours

    Verizon was slapped with class claims in Pennsylvania federal court Friday alleging that the wireless giant failed to pay customer service representatives overtime wages for time spent reviewing emails and doing other work when they were formally off the clock.

  • December 7, 2018

    Texas Court Axes Discrimination Claim Against MD Anderson

    A Texas court of appeals on Thursday dismissed a sex discrimination case against the University of Texas MD Anderson Cancer Center, ruling that the former employee alleging discrimination did not file her claim with the Texas Workforce Commission on time.

  • December 7, 2018

    Data-Driven Lawyer: Morgan Lewis' J. Kyle Poe

    Morgan Lewis' J. Kyle Poe, a self-proclaimed "elder millennial," created a client management platform to streamline the firm's work in asbestos litigation that is now used across practice areas, making the firm's business more efficient and upping its ability to attract clients through innovative fee arrangements, earning him a spot on our 2018 list of Data-Driven Lawyers.

  • December 7, 2018

    Uber Is Impeding Arbitrations By Refusing To Pay, Drivers Say

    Thousands of Uber drivers on Wednesday accused the ride-hailing service of employing stall tactics in their bid to force the company to cover the costs of their individual arbitrations in California federal court, following recent Ninth Circuit rulings that determined such arbitrations are the only way for the drivers to resolve classification disputes.

  • December 7, 2018

    Kirkland Nixes Forced Arbitration For Non-Attorney Staff

    Kirkland & Ellis LLP told employees it would end its policy of requiring arbitration to settle employment disputes for all non-attorney staff, according to a memo obtained Friday by Law360 and following public pressure mounted by a group of Harvard Law School students.

  • December 7, 2018

    IRS Lets Cos. Opt Out Of New Stock Option Deferral Program

    Companies will be able to opt out of a new provision in last year's federal tax overhaul that allows employees to defer income from exercising stock options, the Internal Revenue Service said Friday.

  • December 7, 2018

    Walmart's Revised $65M PAGA Seating Deal Gets Green Light

    A California federal judge on Thursday preliminarily approved Walmart Inc.’s revised $65 million settlement that would resolve a Private Attorneys General Act lawsuit alleging the retail giant violated California's suitable seating statute by failing to provide cashiers with seats, according to the court docket.

  • December 7, 2018

    Trump Picks Kirkland's William Barr For AG

    President Donald Trump named Kirkland & Ellis LLP attorney William Barr as his pick to replace former Attorney General Jeff Sessions Friday, setting Barr up to reprise the role he served under late President George H.W. Bush.

  • December 6, 2018

    Dem Senators Want Answers On Acosta's Role In Epstein Plea

    A group of Democratic senators urged the U.S. Department of Justice's watchdog Thursday to look into why prosecutors cut a deal with billionaire convicted sex offender Jeffrey Epstein during current Labor Secretary Alexander Acosta’s tenure as a U.S. attorney in Florida.

  • December 6, 2018

    Co. Seeks To Dump Jury Verdict In Coal Ash Liability Case

    Jacobs Engineering Group Inc. on Wednesday urged a Tennessee federal judge to vacate a jury’s finding that the company breached its contractual requirement to protect workers on a coal ash spill clean up, arguing no reasonable jury could have found it was acting outside the bounds of the contract. 

  • December 6, 2018

    Ex-Refinery Worker Can't Revive 'False Positive' Test Row

    A man who was fired from a LyondellBasell refinery after what he alleges was a false positive test for cocaine cannot revive his lawsuit against the company claiming its negligence caused the result, a Texas appellate court held Thursday.

  • December 6, 2018

    Female KPMG Workers Want Redo On Class Cert. Denial

    Members of a proposed class of more than 10,000 female tax and advisory department workers suing KPMG LLP for allegedly underpaying them asked a New York federal judge Thursday to reconsider her denial of class certification, saying the court had misread a statistical analysis by their expert witness.

  • December 6, 2018

    5th Circ. Says Alcoa Can't Dodge Plant Worker's Injury Suit

    The Fifth Circuit on Thursday revived a suit accusing an Alcoa Corp. unit of negligently causing an aluminum plant worker’s chemical burns, saying the case belongs in Texas state court.

Expert Analysis

  • Why The High Court Will Hear Cochise Consultancy V. US

    Matthew Curley

    The U.S. Supreme Court recently agreed to hear Cochise Consultancy v. United States ex rel. Hunt, which deepened the circuit split over how the False Claims Act’s statute of limitations applies in certain qui tam actions. The decision should bring sorely needed clarity, say Matthew Curley and Scott Gallisdorfer of Bass Berry & Sims PLC.

  • Nonprofits And Volunteers: Understanding The Risks

    Ryan Portugal

    Nonprofit organizations commonly rely on volunteers to help achieve their mission. But circumstances in which volunteers can be treated as employees for purposes of tax, employment or negligence laws can have costly ramifications, says Ryan Portugal of Williams Parker Harrison Dietz & Getzen.

  • Class Cert. Evidence Standard Likely Headed To High Court

    Thomas Richie

    With circuit courts irreconcilably split on expert testimony at the class certification stage, the Ninth Circuit’s recent decision not to reconsider Sali v. Corona Regional Medical Center all but guarantees the issue will soon reach the U.S. Supreme Court, say Thomas Richie and John Goodman of Bradley Arant Boult Cummings LLP.

  • OFCCP Employee Selection Guidance: A Few Misconceptions

    Richard Fischer

    Meeting the scope and variety of the Office of Federal Contract Compliance Programs' adjunct employee selection requirements is a continuing challenge for contractors. Richard Fischer, research psychologist with the U.S. Department of Homeland Security and former OFCCP testing expert, debunks some common misinterpretations.

  • Opinion

    Why We Need Anti-Money Laundering Whistleblower Awards

    Eric Havian

    The recent Mossack Fonseca indictments and Deutsche Bank raid would not have been possible without the whistleblower behind the Panama Papers leak. But there is no incentive for rooting out the type of criminal money laundering revealed here, creating a large enforcement gap, say Eric Havian and Michael Ronickher of Constantine Cannon LLP.

  • Medical Marijuana Poses ADA Risks For Pa. Health Care Cos.

     Mariah Passarelli

    For health care employers, the enactment of Pennsylvania's Medical Marijuana Act has further complicated navigation of reasonable accommodations under the Americans with Disabilities Act. Mariah Passarelli of Cozen O’Connor discusses the pitfalls companies face at the crossroads of these two statutes.

  • A Few Ways Employers Can Avoid Holiday Legal Headaches

    Alex Aguilera

    Although legal compliance is a year-round job for employers, the end-of-the-year holiday season raises several additional considerations that make it more complicated, says Alex Aguilera of Seyferth Blumenthal & Harris LLC.

  • 6 Lessons From Recent FMLA And ADA Decisions: Part 2

    Melissa Bergman Squire

    In the final part of this article, attorneys with Dechert LLP discuss recent Family and Medical Leave Act and Americans with Disabilities Act cases that offer insights into issues such as determining when leaves of absence are too long and understanding examples of FMLA interference.

  • Insights From 2017-2018 High Court Term And What's Ahead

    Chad Eggspuehler

    Many expect the U.S. Supreme Court's new conservative majority to track rightward, while others wonder if any justices might assert a moderating influence as the new “swing vote.” The court’s recent decisions and upcoming docket provide the best clues about its trajectory, says Chad Eggspuehler of Tucker Ellis LLP.

  • Pa. Cos. Face Greater Risks Related To Workers' Personal Info

    Carol Steinour Young

    In Dittman v. UPMC, the Pennsylvania Supreme Court recently held that employers storing employee information on internet-accessible computer systems have a common law duty to protect that data from any foreseeable risk of harm, exposing companies in the state to increased liability, say Carol Steinour Young and Sarah Dotzel of McNees Wallace & Nurick LLC.