Employment

  • September 07, 2021

    NJ Panel Puts ShopRite On Hook Over Worker's Injury

    The New Jersey state appeals court ruled Tuesday that a ShopRite employee who fell in her store's parking lot is entitled to workers' compensation, reasoning that the store's operator has enough control over the site of the incident to trigger its obligation to provide benefits.

  • September 07, 2021

    Texas Justices To Review $6.4M Hospital Defamation Verdict

    The Texas Supreme Court will review a jury's $6.4 million award to a cardiothoracic surgeon who claimed that Memorial Hermann Health System officials defamed him in a whisper campaign after he moved his practice, in a case the hospital says could chill speech aimed at patient safety.

  • September 07, 2021

    Ex-Manager Accuses DOJ Of Misconduct In No-Poach Case

    The former manager for a health care staffing company indicted on criminal antitrust charges for allegedly suppressing the wages of school nurses in Las Vegas accused the U.S. Department of Justice of prosecutorial misconduct over the agency's handling of his case.

  • September 07, 2021

    Anti-Mask Shoppers Told To Turn Over Facebook Messages

    A court-appointed special master overseeing discovery disputes in a challenge to grocer Giant Eagle's COVID-19 mask mandate has recommended that several shoppers be compelled to turn over private Facebook messages about the case and pay part of the chain's legal costs as a sanction.

  • September 07, 2021

    MVP: Orrick's Erin Connell

    Erin Connell of Orrick Herrington & Sutcliffe LLP's employment law and litigation practice helped computer technology giant Oracle defeat a sweeping $400 million administrative pay bias suit filed by the U.S. Department of Labor's Office of Federal Contract Compliance Programs, earning her a spot among Law360's 2021 Employment MVPs.

  • September 07, 2021

    Attorney Leaves Public Service To Join McNees Wallace

    McNees Wallace & Nurick LLC this week welcomed a veteran trial attorney with more than 15 years' experience working in state and federal government to the firm's Harrisburg, Pennsylvania, office.

  • September 07, 2021

    NLRB Asks 9th Circ. To Nix Las Vegas Casino Workers' Ouster

    The National Labor Relations Board has urged the Ninth Circuit to reverse a lower court ruling that declined to force a Las Vegas casino to reinstate two union activists it axed, saying a federal judge "overstepped" in downplaying certain evidence.

  • September 07, 2021

    Royal Caribbean Says Worker's Suit Must Be Arbitrated

    Royal Caribbean urged a Florida federal court Thursday to toss a suit by a worker at its private island who claims he was injured on the job, arguing that the worker is already in arbitration with the contractor that employed him and cannot bring duplicate claims against the cruise ship company.

  • September 07, 2021

    Jones Day Says Service Failure Dooms Paralegal's Bias Suit

    Jones Day is looking to shake a paralegal’s claims of harassment and discrimination by members of the firm’s tax and real estate group, claiming Tuesday that the former employee failed to serve the firm in either state or federal court.

  • September 07, 2021

    Brooklyn Public Defender Staff Votes To Unionize

    Hundreds of staff members at the public defender's office in Brooklyn, New York, voted to unionize with the Association of Legal Aid Attorneys after months of organizing, the union said.

  • September 07, 2021

    Ex-NJ County Prosecutor Settles 'Toxic' Bias Suit

    The parties in a New Jersey state court lawsuit accusing former Atlantic County Prosecutor Damon G. Tyner and his male colleagues of creating a "toxic" workplace for women have settled the claims, according to a notice filed in the docket Tuesday.

  • September 07, 2021

    LGBTQ Rights Group Ousts Chief Who Gave Cuomo Advice

    The man who served as the first Black president of LGBTQ advocacy powerhouse the Human Rights Campaign has vowed to fight back after the organization kicked him out following revelations that he helped former New York Gov. Andrew Cuomo respond to bombshell sexual harassment allegations.

  • September 03, 2021

    Private Security Boss Says US Paid Unfit Guards In Kabul

    The federal government paid millions of dollars more than it should have for untrained and unfit private security staff to protect the U.S. Embassy and other diplomatic sites in Kabul, Afghanistan, a training supervisor said in a whistleblower complaint just unsealed by a Georgia federal judge.

  • September 03, 2021

    Lyft, Uber To Pay Their Drivers' Texas Abortion Ban Legal Fees

    Lyft and Uber will pay their drivers' legal fees should they be sued under ​​Texas' recently implemented ban on abortions after six weeks, the ride-hailing giants' executives announced on Friday, following similar announcements from other big tech companies.

  • September 03, 2021

    Ex-Dentons Partner Wins Round In Fight Over Firing

    A California appeals court has stayed an order requiring a former Dentons partner who claims he was unjustly fired to adjudicate the matter privately in arbitration, ruling Friday that it needs to take a closer look at an alleged conflict between the state's employment and arbitration laws.

  • September 03, 2021

    Suit Says Walmart Allowed Theft From Comatose Worker

    An Alabama woman said Walmart breached its fiduciary duties by helping a thief steal disability benefits from her employee pay card while she lay in a coma, then failed to investigate her fraud claim.

  • September 03, 2021

    Laugh Framed As Survival Move In NY Giants 'Strangle' Suit

    A purported whistleblower told a New Jersey state court Friday that he was trying to "de-escalate and survive" in rebutting the New York Giants' assertion that he laughed at what he has claimed was a threat by the team's general counsel to "strangle" him if he shared confidential information.

  • September 03, 2021

    Employment Authority: Vax Exemptions & Wages After Ida

    Law360 Employment Authority covers the biggest employment cases and trends. Catch up this week with a look at how employers should respond when workers claim religious exemptions from vaccine mandates, tips for complying with wage and hour laws in the wake of a hurricane or other natural disaster, and a recap of the past few polarizing years at the NLRB as the agency shifts to Democratic control.

  • September 03, 2021

    Texas Justices To Mull 'Employee' Meaning In Insurance Law

    The Texas Supreme Court agreed Friday to weigh in on the meaning of "employee" under the Texas Anti-Indemnity Act, taking up the certified question from the Fifth Circuit in an appeal involving a construction worker whose leg was amputated after being crushed in a worksite accident.

  • September 03, 2021

    Ex-Worker Says NBA's 76ers Ran Afoul Of NJ Race Bias Law

    A former facility manager hit the Philadelphia 76ers with a New Jersey racial discrimination lawsuit on Wednesday, claiming that the team effectively 86'd him for a better-paid white replacement after his bosses overworked and ridiculed him.

  • September 03, 2021

    Payment Tech Co. Says Ex-VP Broke Noncompete Agreement

    Credit card processing tech company Global Payments Inc. has sued a former vice president in Georgia federal court over claims that he broke a noncompete agreement that he signed when accepting stock options by going to work for a competitor.

  • September 03, 2021

    Calif. Says Biz Groups Undercut Their Own Suit Against AB 5

    The state of California told a federal court that business groups undermined their challenge to Assembly Bill 5, a law that presumes workers are employees, when they tried to strengthen their argument by flagging recent rulings.

  • September 03, 2021

    UAW Is Making Good On Reforms Under 2020 Deal, DOJ Says

    The United Auto Workers labor union has paid $1.5 million to the Internal Revenue Service and is making good on promised reforms as part of its deal ending a yearslong corruption and fraud probe, the U.S. Department of Justice said Friday.

  • September 03, 2021

    Epstein Becker Opens Ohio Office With 12-Partner Group

    Epstein Becker Green has opened a Columbus, Ohio, office with a group of 12 partners from Bricker & Eckler LLP as part of a plan to expand Epstein Becker's national footprint.

  • September 03, 2021

    Enterprise Fails To Change Court's Mind On Willful OT Claims

    Enterprise Holdings Inc. and a subsidiary must still face claims that they willfully misclassified a proposed class of assistant branch managers as overtime-exempt and thus face a longer statute of limitations, a Massachusetts federal court said, standing by a previous ruling.

Expert Analysis

  • Summer Brings 'Working Vacation' Issues For Employers

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    In this brief video, attorneys at Baker McKenzie discuss how companies can best serve workers seeking to travel and engage in remote work this summer, and address the wide variety of employment and immigration law considerations.

  • Contract Rights Vs. Patent Invalidity: 2 Key Cases To Watch

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    Depending on how the Federal Circuit and U.S. Supreme Court balance private contractual rights and public policy to void invalid patents in two pending cases, practitioners may have to test new ways of protecting patents from challengers who already received contractual benefits, say Howard Susser and Eric Kaviar at Burns & Levinson.

  • Opinion

    NJ Fed. Court Should Ditch Litigation Funding Disclosure Plan

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    The District of New Jersey's wide-reaching proposal to require automatic disclosure of third-party litigation finance poses several problems for attorneys and litigants alike and should be nipped in the bud, say Sarah Williams and Marlon Becerra at Validity Finance.

  • Law Firm Talent Must Reflect Shifting US Demographics

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    Stephanie Scharf at Scharf Banks and Roberta Liebenberg at Fine Kaplan analyze and project U.S. demographic trends to show that law firms that hope to succeed long-term must recruit, retain and advance female lawyers and lawyers of color, and they outline six steps for meeting these goals.

  • OSHA Considerations For Preventing Workplace Violence

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    As workplace violence disturbingly trends upward, employer compliance with Occupational Safety and Health Administration obligations begins with crafting and revising a strong zero-tolerance violence prevention policy to cover all workers, patients, clients, visitors, contractors and anyone else who may come in contact with the employer's personnel, say Dove Burns and Alexandra Simels at Obermayer Rebmann.

  • Employer Challenges After New OSHA Virus Guidance

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    The Occupational Safety and Health Administration’s recently updated COVID-19 guidance for non-health care industries describes protocols for protecting unvaccinated workers, but employers may face challenges in addressing issues the new advice fails to cover and adapting it to their unique workplace needs, says Gabrielle Sigel at Jenner & Block.

  • 5 Steps For A Successful SEC Whistleblower Tip — And Award

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    The U.S. Securities and Exchange Commission recently paid out some of the highest awards in its whistleblower program's 10-year history, offering a road map on how to file a tip that maximizes the likelihood of securing an award, say Matthew Stock and Jason Zuckerman at Zuckerman Law.

  • A Biz Strategy Model To Improve Lateral Atty Hiring Diversity

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    Quantitative comparison tools commonly used by companies in evaluating merger targets will allow law firms to assess lateral hire candidates in a demographically neutral manner, help remove bias from the hiring process and bring real diversity to the legal profession, says Thomas Latino at Florida State University.

  • What New FAA Pilot Records Rule Means For Flight Operators

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    The Federal Aviation Administration's recently issued regulations establishing a new pilot records database should help keep unqualified pilots out of the cockpit, but they may also significantly expand the record retention and reporting burden for some flight operators, say Christopher Younger and James Janaitis at Crowell & Moring.

  • Pa. No-Hire Pact Ruling Holds Hidden Noncompete Lesson

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    The Pennsylvania Supreme Court’s recent decision that a no-hire agreement between businesses was unenforceable in Pittsburgh Logistics Systems v. Beemac Trucking creates uncertainty for the use of such pacts, but a closer look at the case reveals a more important takeaway concerning the use of employee noncompetes to protect business interests, says Paul Greco at Fisher Phillips.

  • Smaller Firms Need Employee Wellness Programs, Too

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    As we emerge from the pandemic, small and midsize firms — which offer an ideal setting for companywide connection — should follow in the footsteps of larger organizations and heed the American Bar Association’s recommendations by adopting well-being initiatives and appointing a chief wellness officer, says Janine Pollack at Calcaterra Pollack.

  • Ill. BIPA Ruling Marks Critical Win For Silent Cyber Coverage

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    The Illinois Supreme Court's recent decision in West Bend Mutual v. Krishna Schaumburg Tan, confirming that commercial general liability policies do not have to include specific language to cover claims under the Biometric Information Privacy Act, represents a critical victory for policyholders, but leaves unresolved issues in the battle over BIPA coverage, says Tae Andrews at Miller Friel.

  • China Trade Secret Developments Bring Certainty For US Cos.

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    U.S. companies should welcome recent reforms to Chinese trade secret legislation and case law that make the litigation landscape more plaintiff-friendly and provide clarity on what business information is protectable and what confidentiality measures the law requires, say attorneys at Jones Day.

  • Opinion

    CFAA And The High Court's Fight Against Overcriminalization

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    When confronted with a notoriously broad and somewhat out-of-date statute like the Computer Fraud and Abuse Act, it is important for the judiciary to continue to protect defendants from prosecutors' tortured or extreme readings of these criminal laws — and that's what the U.S. Supreme Court did this month in Van Buren v. U.S., say Harry Sandick and Jacob Chefitz at Patterson Belknap.

  • Stop Networking, Start Relationship Marketing

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    USA 500 Clubs' Joe Chatham offers four tips for lawyers to get started with relationship marketing — an approach to business development that prioritizes authentic connections — and explains why it may be more helpful than traditional networking post-pandemic.

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