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Employment

  • November 29, 2018

    MVP: Morgan Lewis' Grace E. Speights

    Morgan Lewis & Bockius LLP partner Grace E. Speights, who is defending PBS against Tavis Smiley's claim he was wrongfully fired after facing sexual harassment allegations, has emerged as a go-to legal adviser for high-profile employers looking to evaluate their workplaces and navigate issues related to the #MeToo movement, earning her a spot among Law360's Employment MVPs.

  • November 29, 2018

    Platinum Union Graft Suit Wrongly Dismissed, 2nd Circ. Told

    New York correctional union members on Wednesday asked the Second Circuit to revive a derivative suit targeting the top brass of the Correction Officers’ Benevolent Association over the alleged Platinum Partners bribery scheme, saying a lower court wrongly found a need for a presuit demand for action from the COBA’s board.

  • November 28, 2018

    Biz Group Sues Calif., Calling Workplace Law 'Extortion' Tool

    A recently created business group sued California in state court on Wednesday, alleging a lack of governmental oversight has turned the Golden State's Private Attorney General Act — conceived to fix workplace wrongs — into an unconstitutional "tool of extortion" used by employees and their attorneys.

  • November 28, 2018

    Lululemon Board Ignored Toxic Work Culture, Investor Says

    In a Delaware Chancery Court derivative complaint made public Wednesday, an investor in exercise apparel maker Lululemon Athletica Inc. said the company's board ignored the behavior of its former CEO, creating a toxic work environment to the detriment of the company's financial position and reputation.

  • November 28, 2018

    Ex-AmQuip Worker Breached Loyalty Despite No Noncompete

    A Pennsylvania appeals court on Tuesday agreed that even in the absence of a formal noncompete agreement, an ex-AmQuip Crane Rental employee violated his common law duty of loyalty by urging customers to move their business to a competitor he later joined.

  • November 28, 2018

    Ex-Zimmer Exec Loses Benefits Bid In Sex Discrimination Suit

    A former Zimmer Biomet Holdings Inc. executive wasn’t eligible for severance or stock options when she left the medical device manufacturer, as she failed to prove that her resignation fell under a carve-out in her employment contract, an Indiana federal judge has ruled as part of a sex discrimination suit.

  • November 28, 2018

    BofA Mortgage Brokers Denied Cert. In Row Over Withheld OT

    A California federal judge dealt a crushing blow Tuesday to Bank of America mortgage lenders alleging the finance giant’s commission scheme illegally cost them overtime, denying motions to certify class and collective claims because they involve too much individual analysis.

  • November 28, 2018

    Attorney, Florida Firm Both Denied Quick Wins In FMLA Row

    A Florida federal judge cited remaining factual disputes as she denied a lawyer and South Florida law firm McIntosh Sawran & Cartaya PA quick victories Tuesday in the lawyer's lawsuit alleging the firm fired her in violation of the Family and Medical Leave Act.

  • November 28, 2018

    Appeals Court Derails Dallas Transit Union's $2.5M Award

    A Texas appellate court has tossed a $2.5 million jury award in favor of a Dallas transit union in a contract dispute against Dallas Area Rapid Transit, holding there wasn't enough evidence to support the damages the union alleged stemmed from lowered membership rates.

  • November 28, 2018

    Jury Clears Tata Of U.S. Workers' Discrimination Claims

    A California federal jury on Wednesday cleared Tata Consultancy Services Ltd. of certified class allegations that the Mumbai, India-based information technology outsourcing agency discriminates against non-South Asian workers in the U.S.

  • November 28, 2018

    4th Circ. Revives Sex Harassment Case Against Int'l Paper

    The Fourth Circuit revived a sexual harassment and retaliation case Wednesday from a female International Paper Co. worker who claimed a supervisor offered to pay her for sex acts.

  • November 28, 2018

    Intel Says Engineer Took 'Revolutionary' Secrets To Micron

    An engineer working on a secretive project for Intel Corp. stole sensitive technical and personnel information before jumping ship for rival computer chipmaker Micron Technology Inc., the Silicon Valley company said in a lawsuit filed Tuesday.

  • November 28, 2018

    EEOC Can't Duck BNSF Suit Over Right-To-Sue Notices

    A Texas federal judge on Tuesday denied the U.S. Equal Employment Opportunity Commission's bid to escape a BNSF Railway Co. suit alleging it illegally gave 54 workers the right to sue the company for discrimination under the Americans with Disabilities Act.

  • November 28, 2018

    4 Questions About The Arrest, Firing Of Nissan's Chairman

    Nissan Motor Co. and Mitsubishi Motors Corp.’s abrupt dismissal of Chairman Carlos Ghosn over alleged financial misdeeds has sparked a host of questions about the downfall of a prominent automotive industry leader and what’s next for the companies he led.

  • November 28, 2018

    3rd Circ. Revives Bias Suit Against Adult Entertainment Co.

    The Third Circuit has vacated a lower court order favoring an adult entertainment company in an employment discrimination suit brought by a former district manager who claims the business terminated her because she got married, ruling that a factual question remains over whether the employer was motivated by hostile and discriminatory sentiment when it fired her.

  • November 28, 2018

    Judge Cuts Trans Worker's Bias Suit Against Truck Body Co.

    A Pennsylvania federal judge has hit the brakes on a biracial and transgender former employee's discrimination suit against truck body manufacturer Supreme Mid-Atlantic Corp.

  • November 28, 2018

    NLRB OKs Micro-Unit In Twist To Precedent-Changing Case

    The National Labor Relations Board on Wednesday approved a regional official's decision letting a portion of workers at metal company PCC Structurals form a union, bringing an ironic end to the case the board used to make it harder for workers to organize into so-called micro-units last year.

  • November 28, 2018

    After Kirkland, Sidley Arbitration Flip, Group Eyes DLA Piper

    After pressuring Kirkland & Ellis LLP and Sidley Austin LLP to reverse arbitration policies covering employment disputes, a group of Harvard law students on Wednesday urged peers to "dump" DLA Piper until the firm promises to stop using so-called coercive contracts.

  • November 28, 2018

    MVP: Seyfarth's Jerry Maatman

    Seyfarth Shaw LLP partner Jerry Maatman helped Jimmy John's escape massive wage-and-hour litigation by proving the company isn't responsible for its individual franchisees and separately got a 70,000-member class arbitration cut down to 250 people, earning him a spot among Law360's 2018 Employment MVPs. 

  • November 27, 2018

    7th Circ. Upholds Dismissal Of Ex-Tribal Agency Worker's Suit

    The Seventh Circuit upheld on Monday a lower court's dismissal of a former Oneida Nation of Wisconsin housing authority employee's suit alleging she was fired for reporting funding misuse because the suit names various employees of the agency instead of the agency itself.

Expert Analysis

  • Opinion

    Time To Reclaim Wellness For All Lawyers

    Leesa Klepper

    The decision last month by Baker McKenzie’s global chairman to step down due to exhaustion indicates that the legal profession needs to mount a broader wellness effort to address long hours, high stress, frequent travel and the daily demands of practice, says Leesa Klepper, director of Thrivewell Coaching.

  • San Francisco Starts Down Road To Autonomous Vehicle Tax

    Benjamin Ebbink

    California Assembly Bill 1184, passed in September, authorizes a new tax on privately owned autonomous vehicles. This is likely the first of many pieces of similar legislation across the nation as policymakers grapple with the impact of automated technology on the economy and the job market, says Benjamin Ebbink of Fisher & Phillips LLP.

  • Surveying The State Of Workplace Harassment Investigations

    Jason Schwartz

    We recently reviewed for-profit companies that investigated workplace harassment allegations over the past six years and examined how they handled the release of information. Our findings reveal emerging trends and considerations for companies deciding whether to release post-investigation reports, say attorneys with Gibson Dunn & Crutcher LLP.

  • Refreshingly Boring? High Court Considers Statutory Context

    Christopher Collier

    On Election Day, the U.S. Supreme Court will hear argument in a case addressing whether payment to a railroad employee for time lost from work is subject to employment taxes. The technicalities of statutory interpretation won’t be front page news, but will affect thousands of cases each year, say attorneys at Hawkins Parnell Thackston & Young LLP.

  • A Guide To Reclassifying Calif. Workers Post-Dynamex

    Camille Gustafson

    As the tax year ends, many employers are looking for guidance on how to transition independent contractors to part-time, on-call employees in light of the California Supreme Court’s Dynamex decision. The keys are thoughtful planning and careful communications, says Camille Gustafson of Paul Plevin Sullivan & Connaughton LLP.

  • Addressing Workplace Misconduct With Exec Compensation

    Excerpt from Lexis Practice Advisor
    John Utz

    Compensation committees may find value in reflecting a new public attitude toward workplace sexual misconduct in the structure of their companies’ executive pay programs. John Utz of Utz & Lattan LLC discusses how employers can design compensation packages to discourage or censure such misconduct.

  • 11th Circ. Reminds Employers Why Best Practices Matter

    Taylor White

    The Eleventh Circuit's revival of a hostile work environment claim in Smelter v. Southern Homecare Services demonstrates that employers may still face liability even if they have a legitimate, nondiscriminatory reason to terminate an employee. However, proper training, investigations and documentation can help limit exposure, says Taylor White of Foley & Lardner LLP.

  • Potential Pitfalls Of Hiring Without Degree Requirements

    Xavier Francis

    According to a recent report by Glassdoor.com, some employers no longer require college degrees as a prerequisite for employment. Although forward-thinking, it could present unforeseen challenges to a company’s immigration strategy, say Xavier Francis and Kane Vongsavanh of Erickson Immigration Group.

  • An 8-Step Model To Eliminate Workplace Sexual Harassment

    Barbara Hoey

    More than 20 years ago, change management guru Dr. John Kotter introduced an eight-step change methodology to help business leaders transform their workplaces. Barbara Hoey and Jennie Woltz of Kelley Drye & Warren LLP explain how it can be used for a transformation focused on sexual harassment eradication and prevention.

  • Illinois Tax Talk: Corporate Partnership Income

    Christopher Lutz

    In this edition of Illinois Tax Talk, Christopher Lutz of Horwood Marcus & Berk Chtd. reviews the Illinois state taxation and apportionment of partnership income earned by corporate partners.