Employment

  • September 09, 2021

    Calif., Rail Unions Tell 9th Circ. Sick Leave Law Not Preempted

    California's labor commissioner and rail workers' unions have told the Ninth Circuit that the state's paid sick leave law does not run afoul of federal law nor does it interfere with interstate commerce, and that railroads should be subject to the law just like any other employer operating in the Golden State.

  • September 09, 2021

    11th Circ. Nixes Emory Doctor's Race Bias Suit

    The Eleventh Circuit on Thursday said a former Emory University radiation oncology resident from Ghana failed to provide evidence that he was let go from the position because of his race and African descent.

  • September 09, 2021

    DynCorp Whistleblower Says Disclosure Bar Doesn't Apply

    A whistleblower who has accused DynCorp International of overcharging the Army under a massive logistics contract told a Texas federal court that he should not be tossed from the case, saying the False Claims Act's public disclosure bar didn't apply.

  • September 09, 2021

    Ethan Allen Benefits Manager Can't Escape Bias Suit

    A Pennsylvania federal court has refused to release an Ethan Allen Retail Inc. benefits manager from a former employee's lawsuit claiming the interior design company and certain supervisors discriminated against her and replaced her after she took leave to heal from foot surgery.

  • September 09, 2021

    MVP: Cohen Milstein's Joseph M. Sellers

    Joseph Sellers of Cohen Milstein Sellers & Toll PLLC's employment practice led a class of flight service specialists to a $44 million settlement with the Federal Aviation Administration to end one of the federal government's largest age bias payouts, earning him a spot as one of Law360's 2021 Employment MVPs.

  • September 08, 2021

    No Warrant Needed For IP Address Data, 7th Circ. Rules

    Law enforcement doesn't need a search warrant before using surveillance devices to see the IP addresses visited by a criminal suspect, the Seventh Circuit ruled Wednesday, saying a disgruntled employee convicted of lobbing cyberattacks at his former company has no expectation of privacy in the captured routing information.

  • September 08, 2021

    Report Shows Staffing Fluctuations At State Insurance Depts.

    Staff counts at some state insurance agencies have fluctuated dramatically since 2016, according to data published Wednesday by the National Association of Insurance Commissioners, despite only a modest overall staff increase in the last year.

  • September 08, 2021

    9th Circ. Upholds Feds' Win In Tribal Health Exec's Firing Suit

    The Ninth Circuit has upheld a lower court ruling granting a quick win to the federal government in a suit by a former executive for the Sauk-Suiattle Indian Tribe of Washington's health clinic, saying he failed to show that the Federal Tort Claims Act's waiver of sovereign immunity applied to claims that he was fired for whistleblowing about unlawful practices.

  • September 08, 2021

    COVID-19 Litigation Winter Is Coming, Attys Forecast

    Employment suits citing COVID-19 almost doubled in summer 2021 compared to the same period last year, and businesses are likely in for an uptick in pandemic-related suits this winter hinging on issues such as remote work, leave and discrimination, according to lawyers from Fisher Phillips.

  • September 08, 2021

    NFL Says NJ High Court Ruling Can't Save Ex-Player's Suit

    A recent New Jersey high court ruling making it easier to sue employers for failing to accommodate disabilities doesn't help the case of a former NFL player who was barred from wearing a protective visor, the league argued Tuesday.

  • September 08, 2021

    Ex-NFL Team GC Accused Wilkinson Of 'Trickery'

    Court filings unsealed Wednesday revealed that a suit by the Washington Football Team's former general counsel against litigator Beth Wilkinson accused her of lying to glean details about a confidential settlement during her probe into accusations of sexual harassment in the team's front office.

  • September 08, 2021

    Split 3rd Circ. Opens State Law Battle On Amazon Arbitration

    A split Third Circuit panel said Wednesday that courts must first weigh whether employers' arbitration agreements are enforceable under state law before deciding whether federal law shields disputes from arbitration, giving Amazon new leverage to potentially thwart a New Jersey delivery driver's proposed wage-and-hour class action.

  • September 08, 2021

    Ex-Reporter Opposes Paper's 1st Amendment Bid To 3rd Circ.

    Claiming the First Amendment as a defense shouldn’t be the Pittsburgh Post-Gazette’s ticket to a Third Circuit appeal of a Black ex-reporter’s bias lawsuit following her removal from Black Lives Matter coverage, the reporter’s attorney argued to a Pennsylvania federal court Wednesday.

  • September 08, 2021

    5 Years For NY Union Local Leader Convicted In Bribe Scheme

    A Manhattan federal judge sentenced former United Brotherhood of Carpenters boss Salvatore Tagliaferro to five years in prison Wednesday, after a jury convicted the Brooklyn union local head of taking bribes in exchange for memberships in the labor organization.

  • September 08, 2021

    MVP: Seyfarth Shaw's Gerald L. Maatman

    Gerald L. Maatman Jr. of the Seyfarth Shaw LLP employment law practice group secured a settlement that paid workers in gift cards to end a sprawling class action against Jimmy John's that threatened its franchise business model, securing him a spot as one of Law360's 2021 Employment MVPs.

  • September 08, 2021

    Trulieve Settles Hiring Class Action After Cert.

    Cannabis company Trulieve has reached a settlement with a class of employees and applicants who alleged they were fired or had employment offers pulled based on a consumer report, according to court filings that do not disclose the settlement amount.

  • September 07, 2021

    Ex-NFL Players Again Seek Class Cert. As League Calls Foul

    A week after seeing their initial class certification request denied, former NFL players claiming that the league forced them to take painkillers to keep playing filed a new certification bid Tuesday, a request the NFL said should be rejected because each player's experience was too different.

  • September 07, 2021

    Pot Co. Cresco Hit With OT Suit Over COVID Safety Measures

    A former worker at Cresco Labs has hit the cannabis company with claims under California's Private Attorneys General Act, accusing it of not compensating its workers for their time spent putting on and taking off required personal protective equipment.

  • September 07, 2021

    Ill. Wendy's Owner Pays $5.85M To End Biometric Privacy Suit

    An Illinois state court judge has approved a $5.85 million settlement between the owner of nearly 40 Wendy's burger joints throughout the state and employees who accused the company of collecting their fingerprint data to track their work in violation of their biometric privacy rights.

  • September 07, 2021

    Ex-Pharma HR Head Aims To Revive Japanese Favoritism Suit

    The former human resources director of a Roche affiliate told a New Jersey state appeals court on Tuesday that allegedly conflicting provisions of an arbitration clause dealt a "fatal" blow to the company's efforts to arbitrate his claims that it favored employees who were Japanese nationals and workers of Japanese heritage.

  • 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.

Expert Analysis

  • Pa. Tax Talk: Takeaways From 2 Commonwealth Court Rulings

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    A Pennsylvania appellate court's recent decision in Good Shepherd Rehabilitation v. Allentown sets a positive precedent for other nonprofits subject to Allentown's aggressive tax position, and its recent decision in Mandler v. Commonwealth offers a reminder that some taxes, including payroll withholding taxes, are never dischargeable in bankruptcy, says Jennifer Karpchuk at Chamberlain Hrdlicka.

  • Firms Should Use Surveys To Make Smart Legal Tech Choices

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    The utility of legal technology innovations may be limited without clear data and objectives from the outset, but targeted surveys can provide specific insights that enable law firms to adopt the most appropriate and efficient tech solutions, says Tim Scott at Frogslayer.

  • Mass. Ruling Highlights Exec Employment Pact Pitfalls

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    A Massachusetts court’s recent decision that a job offer letter was not enforceable as a contract in Moore v. LGH Medical reminds employers and executives to avoid reliance on ambiguous representations in written or oral negotiations, say Brian MacDonough and Nancy Shilepsky at Sherin and Lodgen.

  • Don't Forget Due Diligence In Race For Lateral Associate Hires

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    Amid high demand for associates and aggressive competition to attract talent, law firms should take three key steps to conduct meaningful prehire due diligence and safeguard against lateral hiring mistakes that can hurt their revenue and reputation, says Michael Ellenhorn at Decipher.

  • China Trade Secret Ruling Shows US Cos. Path To Protection

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    The high court of China recently upheld a record $25 million award against Wanglong Group for theft of vanillin trade secrets, joining several pro-plaintiff legal developments that illustrate why U.S. companies should utilize the jurisdiction when suing Chinese defendants, say attorneys at Winston & Strawn and YuandaWinston.

  • 2 Paths To Green Cards For Employment-Based Immigrants

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    In light of immigration policy changes by the Biden administration and pandemic-related consular processing delays, Cynthia Perez and Douglas Halpert at Hammond Neal lay out the pros and cons of two procedural paths to lawful permanent resident status for employment-based immigrants.

  • Addressing Environmental Justice As Part Of ESG Initiatives

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    Recent calls for racial equity and government regulators' increasing focus on social and environmental concerns make this a good time for companies to integrate environmental justice into their environmental, social and governance efforts, say Stacey Halliday and Julius Redd at Beveridge & Diamond, and Jesse Glickstein at Hewlett Packard.

  • Lessons In Civility From The Alex Oh Sanctions Controversy

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    Alex Oh’s abrupt departure from the U.S. Securities and Exchange Commission and admonishment by a D.C. federal judge over conduct in an Exxon human rights case demonstrate three major costs of incivility to lawyers, and highlight the importance of teaching civility in law school, says David Grenardo at St. Mary's University.

  • Maritime Worker Injury Claims After 5th Circ. Welder Ruling

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    While the Fifth Circuit recently held in Sanchez v. Smart Fabricators that an injured offshore welder could not pursue damages under the Jones Act, certain maritime workers may be able to pursue comparative claims under a longshoremen workers' compensation statute or the Sieracki doctrine, says Grady Hurley at Jones Walker.

  • Opinion

    Biz Record Admissibility Rule Must Adapt To An ESI World

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    The federal rule that permits the use of business records as evidence must be amended to address the unreliability of electronically stored information and inconsistent court frameworks on email admissibility, say Josh Sohn and Nadia Zivkov at Stroock.

  • Pandemic-Era Jury Trial Innovations May Be Here To Stay

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    Many jurisdictions are resuming in-person jury trials, but certain technology-enabled efficiencies could outlast the pandemic and represent lasting changes for the way pretrial proceedings and courtroom presentations take place, says Stuart Ratzan at Ratzan Weissman.

  • Pa. Justices' Ruling Presents Big Hurdles For No-Poach Pacts

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    The Pennsylvania Supreme Court’s recent opinion that an employer no-poach agreement was unenforceable in Pittsburgh Logistics Systems v. Beemac Trucking will make future use of such contracts between businesses difficult, and seems to lean heavily toward an outright ban, says attorney Joseph Lincoln.

  • Incentivizing Customers In States Banning Vaccine Passports

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    As several states make vaccine passports illegal, businesses that want their customers vaccinated should try incentives rather than making services conditional, which could run afoul of anti-discrimination laws, say Chase Hattaway and Michael Tessitore at Rumberger Kirk.

  • Series

    Judging A Book: Rodriguez Reviews 'When Machines Can Be Judge'

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    Katherine Forrest's new book, "When Machines Can Be Judge, Jury, and Executioner," raises valid transparency concerns about artificial intelligence tools used by judges when making bail and sentencing decisions, but her argument that such tools should be rejected outright is less than convincing, says U.S. District Judge Xavier Rodriguez of the Western District of Texas.

  • 5 Steps For Law Firms Rethinking Flexible Work Post-COVID

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    A flexible work environment will be key to recruiting and retention efforts post-pandemic, so law firms must develop comprehensive policies that solidify expectations and boundaries on accommodations such as flextime, remote work and reduced hours, says Manar Morales at the Diversity & Flexibility Alliance.

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