Employment

  • March 30, 2020

    Fed. Workers Union Demands Hazard Pay For Virus Exposure

    Federal employees on the front lines of the COVID-19 pandemic are being unlawfully denied pay increases for working under hazardous conditions as the novel coronavirus outbreak continues to spread, according to a proposed class action filed Friday by the American Federation of Government Employees.

  • March 30, 2020

    Greensfelder Hemker Hires Employment Atty From Clark Hill

    Greensfelder Hemker & Gale PC snagged an experienced management-side employment attorney from Clark Hill PLC as an officer in its Chicago office.

  • March 30, 2020

    Justices Turn Away Coal Miners' Request To Clarify WARN Act

    The U.S. Supreme Court on Monday declined to review a case by a group of Illinois coal miners who say they weren’t properly informed about their layoffs, turning down a chance to set a uniform standard for federal labor law requirements for notice in mass layoffs.

  • March 30, 2020

    Justices Remand Charter Bias Suit, Citing Comcast Ruling

    The U.S. Supreme Court on Monday sent a black-owned production studio’s $10 billion racial bias case against Charter back to the Ninth Circuit to be reevaluated under a strict causation standard that the justices cemented in a ruling for Comcast last week.

  • March 27, 2020

    Acquitted City Hall Aides Fight Bid To Clear Prosecutors

    A pair of Boston City Hall aides asked a Massachusetts federal court on Friday to reject a bid by the government to overturn a finding of prosecutorial misconduct in a case in which the aides were acquitted of charges that they extorted a music festival to hire unneeded union labor.

  • March 27, 2020

    The Attys And Legal Logic Behind Stay-At-Home Orders

    The attorneys helping draft cities’ and states’ stay-at-home orders during the coronavirus pandemic have been tiptoeing through a legal minefield, working long hours to carve out the kind of work that should be considered “essential” and to ensure local governments aren’t overstepping their authority.

  • March 27, 2020

    Stimulus Package Pumps Billions Into Gov't Contracts

    President Donald Trump signed off on a $2 trillion stimulus package Friday that pumps billions of dollars into wide-ranging government contracts intended to fight the coronavirus outbreak, but legal experts say questions linger on spending restrictions and long-term regulatory oversight.

  • March 27, 2020

    High-Demand Workers See Benefits Boost Amid Pandemic

    President Donald Trump signed a $2 trillion coronavirus relief bill Friday, but some employers stepped up and started enacting or strengthening policies meant to help protect and provide for their workers before the federal government got in gear. Here is a look at some of the voluntary upgrades companies have made to employee benefits in response to the pandemic.

  • March 27, 2020

    Texas Justices Revive Steak 'N Shake Sexual Assault Suit

    The Texas Supreme Court on Friday revived a suit seeking to hold burger chain Steak 'n Shake liable for a former employee's alleged sexual assault by a supervisor, saying a lower appeals court failed to consider late-filed evidence when it upheld a trial court's dismissal.

  • March 27, 2020

    Labor Dept. Expands Guidance On COVID-19 Paid Leave Law

    The U.S. Department of Labor on Friday updated guidance it issued earlier this week designed to help American businesses and their employees familiarize themselves with the details of the new emergency sick leave law that was enacted in response to the novel coronavirus pandemic. 

  • March 27, 2020

    An Employer's Cheat Sheet For The 854-Page Virus Relief Bill

    The $2 trillion stimulus package the president signed into law Friday is a game-changer for a national economy decimated by the novel coronavirus, handing workers an unprecedented expansion of unemployment benefits and providing businesses with a deep well of loans. Here, Law360 looks at four employment takeaways from the feds’ latest relief effort.

  • March 27, 2020

    DC Circ. Dooms Halliburton's Liberal Take On Copying Costs

    A former Halliburton Co. unit collected over five times more than it deserved in discovery costs from an ex-employee who brought a whistleblower suit against the company over alleged False Claims Act violations, the D.C. Circuit said Friday in a precedential opinion.

  • March 27, 2020

    Atlanta Hawks Can't Sidestep Retaliation Claim In Bias Case

    The Atlanta Hawks basketball organization must face a claim that it fired a white woman in retaliation for her complaints about sexist and racist remarks allegedly made by black co-workers, a Georgia federal judge ruled.

  • March 27, 2020

    Union Gets Grievance Awards Upheld In $12M Benefits Fight

    An Illinois federal judge on Friday granted a labor union a quick win in its bid to enforce two grievance awards stemming from a paving company's failure to pay nearly $12 million in contractually required wages and fringe benefits, saying the company couldn't show a genuine issue to substantiate a trial.

  • March 27, 2020

    Haynes And Boone Adds Atty With Expertise In Startups

    Haynes and Boone LLP has bolstered its Palo Alto, California, office with the founder of Royse Law Firm PC, who has expertise in advising venture funds, midmarket companies and technology startups in Silicon Valley, the firm has announced.

  • March 27, 2020

    Eddie Bauer Can't Cut PAGA Claim From Bag Check Suit

    A federal judge on Friday refused to strike a California Private Attorneys General Act claim from a suit alleging Eddie Bauer failed to pay workers for time spent in security after clocking out, finding the PAGA claim could move forward even though the case lost its class status.

  • March 27, 2020

    Dallas Appeals Court Spars Over Summary Judgment Criteria

    An en banc Texas appeals court decision to withdraw a panel opinion and revive an independent subcontractor's personal injury suit against a construction company caused its justices to split along party lines in a verbal tussle over the court's precedent in reviewing no-evidence summary judgments.

  • March 27, 2020

    Fairway Floats $70M Deal For Grocery Workers' Pensions

    Supermarket chain Fairway Markets is asking a New York bankruptcy judge to sign off on a nearly $70 million pension settlement with its union workforce, saying it will allow the company to move forward with its asset sales without encumbrance.

  • March 27, 2020

    Coronavirus Litigation: The Week In Review

    Multiple public officials have been hit with lawsuits over their actions surrounding the COVID-19 pandemic, vendors are facing allegations of price-gouging, and a proposed class has accused China of hiding the dangers of the coronavirus outbreak and costing U.S. small businesses billions of dollars.

  • March 27, 2020

    Kelley Kronenberg Accused Of Shorting Italian Atty's Pay

    Kelley Kronenberg PA stiffed an Italian attorney on tens of thousands of dollars in pay after messing up his work visa and not paying him for the work he performed while in Italy, the lawyer contended Friday in Florida federal court.

  • March 27, 2020

    Law360's 2020 Employment Editorial Board Members

    Law360 is pleased to announce the formation of its 2020 Employment Editorial Advisory Board.

  • March 27, 2020

    Texas Justices OK Firing Of Teacher Who Didn't Grade Or Test

    The Texas Supreme Court on Friday determined the firing of a teacher who failed to comply with a school district's grading and testing policies was justified, even though the reasoning used by the Commissioner of Education in reaching that decision was faulty.

  • March 27, 2020

    Lyft Can't Force Drivers To Arbitrate Employee Status Case

    Lyft can’t force its drivers in Massachusetts to arbitrate claims they are being misclassified as independent contractors rather than employees, a federal judge ruled Friday, saying the workers are exempt from the Federal Arbitration Act.

  • March 27, 2020

    Big Chunk Of Goldman Sex Bias Class Booted To Arbitration

    More than 1,000 female Goldman Sachs associates and executives must arbitrate their gender bias claims against the bank, a New York federal magistrate judge has ruled, saying the bank didn't "hide the ball" by seeking arbitration after the class was certified.

  • March 27, 2020

    Trump Signs $2T COVID-19 Relief Bill Into Law

    President Donald Trump on Friday signed a $2 trillion package of relief measures aimed at supporting jobless Americans, boosting business activity and providing resources for health care workers struggling to treat COVID-19, the illness caused by the novel coronavirus pandemic.

Expert Analysis

  • Pandemic Highlights Flaws In Calif. Worker Classification Law

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    California employers implementing safety measures to prevent the spread of COVID-19 may increase their risk of violating the state’s law that limits independent contractor classification, revealing the need for a public health emergency exception, say Tao Leung and Ashley King at Hogan Lovells.

  • Client Advocacy Tips For Remote Hearings During COVID-19

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    As the judiciary implements telephone and video hearings in response to the coronavirus pandemic, attorneys can deliver effective advocacy by following certain best practices, such as using backup materials and specially preparing witnesses and exhibits, say attorneys at Fish & Richardson.

  • How To Conduct Depositions Remotely

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    Remote depositions are a useful tool for meeting discovery deadlines while allowing all parties to stay at home amid the COVID-19 outbreak. But they come with a unique set of challenges, say Eliot Williams and Daniel Rabinowitz at Baker Botts. 

  • DTSA Can Help Cos. Mitigate Damage During COVID-19

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    With a greater threat amid the pandemic of cybercriminals preying on employees inexperienced at working from home, recent federal court holdings applying the Defend Trade Secrets Act extraterritorially may provide assurances that companies with newly remote workforces can redress trade secret misappropriations wherever they might occur, say attorneys at Cadwalader.

  • How Hollywood COVID-19 Force Majeure Claims May Play Out

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    Force majeure issues in the entertainment industry are increasingly likely to be litigated, as more productions and contracts are affected by the coronavirus, but not all related production issues will be covered under force majeure provisions, say Lee Brenner and Adam Kwon at Venable.

  • Collaboration Is Key For Entertainment Cos. In Virus Era

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    As professional sports leagues and the live music industry shutter in response to COVID-19, commercial parties should keep in mind the importance of working together, given that they rely on long-term relationships, joint ventures, positive branding and reputation, say attorneys at Hogan Lovells.

  • FTC Actions, Breach Cases Guide COVID-19 Cyber Response

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    Recent Federal Trade Commission enforcement actions and federal court data breach litigation reveal that companies' cybersecurity measures may be judged based on their foresight and responsiveness to the new risks posed by COVID-19, rather than standards used during normal circumstances, say attorneys at Kelley Drye.

  • An Overview Of Oversight For COVID-19 Relief

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    The $2 trillion COVID-19 relief bill signed into law Friday contains accountability provisions like bailout and stimulus packages of the past. Experience with mechanisms like 2008's Troubled Asset Relief Program teaches that any company that accepts government funds related to the pandemic will be subject to scrutiny by aggressive overseers, say attorneys at Squire Patton.

  • A Guide To Zealously Representing Clients During COVID-19

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    The American Bar Association's Model Rules of Professional Conduct require lawyers to be zealous advocates for clients' interests, but how do these rules apply in this unprecedented time of COVID-19? Anne Lockner at Robins Kaplan offers some pointers.

  • COVID-19 Preparations For Business Premises Owners

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    Business premises owners should enact preventative measures and create a coronavirus outbreak response plan in order to protect tenants' and employees' health and avoid falling afoul of liability claims, say Holly Hempel and Jessica Watson at Nelson Mullins.

  • Deterring Pandemic-Related Worker Class Action Claims

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    Employers can mitigate the risk of worker class action claims stemming from the company's coronavirus response by addressing issues related to timekeeping, furloughs, the Americans with Disabilities Act, joint employment and safety, says Gilbert Brosky at BakerHostetler.

  • Anticipating COVID-19's Effect On Internal Investigations

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    The fragmentation and deracination of the corporate workforce due to COVID-19 will present not only greater opportunities for potential wrongdoing but also increased complexity and burden for internal investigators, ​​​​​​​compliance officers and white collar lawyers, say Jack Sharman and Amber Hall at Lightfoot Franklin.

  • 7 Ways Attys Can Create The Right Home Office Environment

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    In the midst of this health crisis when lawyers are working from home with their loved ones around all day, practitioners need to ensure their “home” and “office” settings coexist without one trumping the needs of the other, says Luciana Fragali at Design Solutions.

  • Calif. Noncompete Limits May Ease If Workers Have Counsel

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    Three years after the California Legislature added a carveout for counsel-represented employees to its Labor Code policy against noncompete agreements, the law is likely to develop in favor of contract freedom, rather than free competition, say Kurt Kappes and Mark Lurie at Greenberg Traurig.

  • When Anti-SLAAP And Employment Bias Laws Collide

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    A recent California state court ruling and a New York legislative proposal highlight for lawmakers, employers and employees the importance of carefully considering the intersection of laws that deter strategic lawsuits against public participation and employment discrimination statutes, say Lisa Coyle and Vincent Licata at Robins Kaplan.

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