Employment

  • September 20, 2021

    SEC Probing Activision Blizzard Employment-Related Issues

    Activision Blizzard, which makes a slew of popular games including Call of Duty and World of Warcraft, said Monday that it is under investigation by the U.S. Securities and Exchange Commission related to "employment matters."

  • September 20, 2021

    DC Circ. Wary Of Court Agency's Political Activity Rules

    The D.C. Circuit seemed skeptical of reinstating policies that would limit federal court employees' ability to engage in a broad range of political speech and activities after work hours, with two judges on Monday challenging the federal judiciary administrative agency's rationale for the sweeping restrictions. 

  • September 20, 2021

    Dynamex Covers Grubhub Classification Fight, 9th Circ. Rules

    The Ninth Circuit on Monday partially tossed a bellwether ruling that a former Grubhub driver is an independent contractor ineligible for overtime pay and other benefits, finding that the lower court needs to take another look because the California Supreme Court now holds that its Dynamex three-prong test applies retroactively.

  • September 20, 2021

    Texas Sues To Block EEOC Gender Identity Guidance

    Texas on Monday asked a federal court to block the enforcement of Equal Employment Opportunity Commission guidance issued in June regarding discrimination based on gender identity and sexual orientation, arguing that it violates the rights of state agencies to set workplace policies.

  • September 20, 2021

    Sioux School Board Is Immune To Ex-Principal's Firing Suit

    A South Dakota federal judge has tossed a former tribal school principal's suit claiming he was illegally fired as retaliation for his plan to use federal education funding, ruling the school board shared in the Yankton Sioux Indian Tribe's sovereign immunity to suit.

  • September 20, 2021

    Chancery Blocks Ex-AffiniPay CEO's Equity Arbitration Moves

    Finding that multiple arbitration agreements had muddied the waters, a Delaware vice chancellor has granted a preliminary injunction barring the former CEO of professional service pay tech venture AffiniPay LLC from moving ahead in an equity benefit arbitration dispute pending a court untangling.

  • September 20, 2021

    Concrete Co. Had To Bargain Benefits Shift, NLRB Judge Says

    A unionized concrete company violated federal labor law by switching to a cheaper health plan administrator without bargaining because the change cost workers their health care network and led to "considerable increases" in costs to workers, a National Labor Relations Board judge has said.

  • September 20, 2021

    Calif. AG Says AB 5 Regulates Classification, Not Speech

    Assembly Bill 5 does not violate groups' right to free speech because it focuses on regulating employment, the state's attorney general told the Ninth Circuit, hitting back against a bid to eliminate the law.

  • September 20, 2021

    Directors Guild Defends Firing Of TV Producer In 11th Circ.

    The Directors Guild of America wants the Eleventh Circuit to deny a television and movie producer's efforts to reinstate a lawsuit over his firing from a Tyler Perry project, saying the producer lacked the experience to qualify for the position to start with.

  • September 20, 2021

    Job Placement Org. Won't Be Sanctioned In Settlement Fight

    Counsel for Fedcap Rehabilitation Services won't face sanctions for allegedly trying to ram through a disputed $10,000 settlement with the former worker suing the job placement nonprofit for unpaid overtime, but a New York federal judge did kill that deal and set the case back on the path to trial following the dustup.

  • September 20, 2021

    Epstein Becker Green Adds 8 To Ohio Office

    Two weeks after opening a Columbus, Ohio, office with a group of 12 partners, Epstein Becker Green has added eight additional health care-focused attorneys to the office, saying that it plans to continue expanding in the state.

  • September 20, 2021

    Fired XFL Commissioner Can't Depose K&L Gates Atty

    Former XFL Commissioner Oliver Luck cannot depose the K&L Gates LLP partner whose investigation allegedly convinced the league to fire him, a Connecticut federal judge said Friday in an order hinting at forthcoming sanctions against Luck for supposedly destroying evidence.

  • September 20, 2021

    Harvard Sues Insurer For Legal Fees In Affirmative Action Suit

    Harvard University sued Zurich American Insurance Co. for excess coverage of costs it incurred fighting a lawsuit challenging its affirmative action policies, saying the insurer wrongly denied coverage on the basis that it didn't get a timely notice of the suit.

  • September 20, 2021

    Nixon Peabody Expands LA Corporate Group With Of Counsel

    Nixon Peabody continued to expand its West Coast corporate practice with the hiring of Jean Y. Yu as an of counsel on its employee benefits and executive compensation team in Los Angeles.

  • September 20, 2021

    'Indictments Are Coming' In Trump Org. Case, CFO's Atty Says

    An attorney for Trump Organization finance chief Allen Weisselberg told a New York state court Monday that he expects there will be additional indictments in the Manhattan district attorney's tax fraud case against former President Donald Trump's business.

  • September 17, 2021

    Employment Authority: Tips For Raising Pay, NLRB Remedies

    Law360 Employment Authority covers the biggest employment cases and trends. Catch up this week with a close look at the Ninth Circuit decision that reinstated elements of California's anti-arbitration law, tips for employers thinking about raising workers' wages, and how the NLRB general counsel may find ways for unauthorized immigrant workers to be eligible for remedies under federal labor law.

  • September 17, 2021

    NY Electrical Cos. Violated Union Agreement, 2nd Circ. Affirms

    The Second Circuit affirmed Friday the National Labor Relations Board's decision that three related electrical contracting companies violated the law by not complying with their collective bargaining obligations, finding the board's general counsel can ratify a previous decision by an improperly serving acting general counsel.

  • September 17, 2021

    White NYC Fire Inspectors' Claims Nixed From Race Bias Suit

    A New York federal judge extinguished claims brought by white New York City fire protection inspectors alleging employment discrimination on the basis of race, ruling Thursday that they can't tack "associational" discrimination claims onto viable class claims that the city funnels minority inspectors into lower-paying roles.

  • September 17, 2021

    DOL Claims Race Bias In Hiring At Janitorial Services Co.

    A U.S. Department of Labor watchdog announced Friday it has lodged an administrative complaint against a janitorial company, alleging it discriminated against Black applicants in multiple locations and white applicants at one location in hiring for cleaning positions.

  • September 17, 2021

    CACI Settles No-Poach Claims From Intelligence Workers

    CACI International Inc. has reached a deal over claims in Ohio federal court accusing it of agreeing with Booz Allen Hamilton Inc. and Mission Essential Personnel LLC to not hire each other's employees for intelligence contracting work at a U.S. military installation in England.

  • September 17, 2021

    EEOC Plans To Appeal Disability Bias Case Loss To 5th Circ.

    The Equal Employment Opportunity Commission told a Texas federal judge on Friday it would be appealing to the Fifth Circuit his ruling bringing an end to a lawsuit against Cash Depot accusing it of firing a worker who suffered a stroke and couldn't lift heavy loads, in violation of the Americans with Disabilities Act.

  • September 17, 2021

    Ill. Court Splits Time Limit On Biometric Privacy Claims

    An Illinois state appellate panel said Friday that different limitation periods should be applied to the Biometric Information Privacy Act, ruling that claims rooted in unlawful profiting or disclosure have a one-year limit while informed consent, retention policy and safeguarding claims have a five-year limit.

  • September 17, 2021

    CoreCivic Can't Dodge Officer's Suit Over Body Cavity Search

    A federal judge has ordered private prison giant CoreCivic to face claims that its employee violated the Fourth Amendment by subjecting a corrections officer to a "dehumanizing" body cavity search in the middle of a Georgia prison parking lot.

  • September 17, 2021

    Philly Atty Pushes To Ax Greenblatt Pierce's $5M Fee Claim

    A Philadelphia-based lawyer has urged a state judge to junk a lawsuit from Greenblatt Pierce Funt & Flores LLC seeking a share of legal fees from a $5 million settlement in a wage and hour class action the firm helped pursue against DuPont before ultimately withdrawing from the case.

  • September 17, 2021

    Hyundai Elevates Assistant GC To Chief Legal Officer

    Hyundai Motor North America has promoted its assistant general counsel to serve as the automotive company's chief legal officer, the company announced Friday.

Expert Analysis

  • OSHA May Be Closer To Getting COVID-19 Regs On Track

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    The Occupational Safety and Health Administration missed an initial deadline for issuing COVID-19 emergency temporary standards, but the confirmation of Marty Walsh as labor secretary this week and recent agency actions could mean an ETS is coming soon, and mask wearing in the workplace is one area the order might address, says Gabrielle Sigel at Jenner & Block.

  • Opinion

    SEC Shouldn't Target Funds With New ESG Task Force

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    The U.S. Securities and Exchange Commission's new environmental, social and governance enforcement initiative’s focus on investment advisers and funds is misguided and could distract from the pursuit of true misconduct stemming from material omissions in corporate disclosures, upon which fund strategies are based, say Richard Kirby and Beth-ann Roth at R K Invest Law.

  • 10 Ways Employers Can Guard Against Retaliation Claims

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    As pandemic-related employee retaliation claims are expected to rise, employers must take steps to institute clear policies on access to company documents and confidential information, and ensure their disciplinary policies on document theft stand up to scrutiny, say Angelique Newcomb and Liran Messinger at Littler.

  • Series

    Judging A Book: Bibas Reviews Rakoff's 'Why The Innocent Plead Guilty'

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    In "Why the Innocent Plead Guilty and the Guilty Go Free,” U.S. District Judge Jed Rakoff catalogues the many ways our criminal justice system is broken, and in doing so, gives the public an intimate look into the thoughts, reasoning and personal experiences of a renowned federal judge, says Third Circuit Judge Stephanos Bibas.

  • For Law Firm Digital Marketing, Less Is Sometimes More

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    Attorneys and law firms often look to cast the widest net possible and maximize online impressions, when they should be focusing their digital marketing efforts on fewer, better-qualified prospects, says Guy Alvarez at Good2BSocial.

  • Showing An Employer's Ability To Pay In Immigrant Petitions

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    Employers can minimize ability-to-pay challenges to their immigrant petitions by considering their timing and tailoring supporting evidence to address questions the U.S. Department of Labor and U.S. Citizenship and Immigration Services are most likely to ask about their financial circumstances, say Anita Smalley and Douglas Halpert at Hammond Neal.

  • 3 Ways To Plan For A Possible Federal Ban On Noncompetes

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    Following last month's reintroduction of a federal bill seeking to ban or limit the use of employee noncompetes, companies should explore alternative avenues to protect trade secrets, confidential business information, customer goodwill and other legitimate business interests, say Russell Beck and Erika Hahn at Beck Reed.

  • Protecting Trade Secrets In The Remote Workplace

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    A Pennsylvania federal court's recent decision in M3 USA Corp. v. Hart provides guidance for employers on protecting trade secrets when remote employees leave, and highlights associated jurisdictional issues to consider when bringing litigation against a remote employee, say Jeffrey Csercsevits and Kelsey Beerer at Fisher Phillips.

  • Strategies For Fighting Back Against A Rambo Litigator

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    If your opposing counsel is a so-called Rambo litigator, there are ways to turn their scorched-earth litigation tactics and ad hominem attacks into assets that favor your client, says Margeaux Thomas at Thomas Law.

  • Opinion

    Court Erred In Barring Late DOJ Intervention In FCA Case

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    A Tennessee federal court's novel approach in U.S. v. SouthEast Eye Specialists, barring U.S. Department of Justice intervention in a False Claims Act suit, is unsupported the statute, frustrates its purpose, may impede DOJ enforcement and should be rejected, say Catherine Dorsey at Baron & Budd and Jacklyn DeMar at Taxpayers Against Fraud Education Fund.

  • Opinion

    1 Year Into Pandemic, It's Time To Rethink Law Firm Billing

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    The particular tasks for which a law firm client can expect to be billed have become unpredictable in the era of COVID-19, making flat fees and other alternative fee arrangements more attractive for both in-house and outside counsel, says Jessica Hodkinson at Panasonic.

  • What Companies Should Know About SIGPR Oversight

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    Brian Miller, the special inspector general for pandemic recovery, discusses what companies and attorneys can do to avoid CARES Act fraud, how his team approaches protecting taxpayer money, and some of the challenges and successes SIGPR faced building an agency from the ground up amid a pandemic.

  • Opinion

    Inconsistent COVID Travel Bans Are Hurting The US

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    The current criteria for exceptions to U.S. pandemic-related travel bans — established by the flurry of inconsistent guidance that's been issued, revised, rescinded and resurrected this past year — are irreconcilable, harming U.S. companies, workers and our economy, says Angelo Paparelli at Seyfarth Shaw.

  • Rogue High Court Citation May Spark Legal Writing Changes

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    Justice Clarence Thomas’ unexpected use of a new citation format in the U.S. Supreme Court’s recent Brownback v. King opinion is the most notable citation change in the court's writing in 25 years, and could inspire receptiveness for other innovations in legal writing and beyond, says Carrie Garrison at Porter Wright.

  • A Cautionary Tale About Anti-Reliance Clauses In Delaware

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    The Delaware Chancery Court's recent refusal to dismiss McDonald's suit against former CEO Stephen Easterbrook offers important lessons on the language necessary under the state's law to disclaim reliance on extracontractual promises and representations, says Steven Sholk at Gibbons.

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