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Employment

  • November 30, 2018

    ASML Secures $223M Jury Verdict In Trade Secrets Row

    A jury in a California court has awarded ASML at least $223 million in a case in which the U.S. arm of the Dutch semiconductor maker alleged that rival XTAL induced employees to breach their contracts with ASML and reveal various trade secrets.

  • November 30, 2018

    No Class, No Opt-Ins In KPMG Women's Sex Bias Action

    A New York federal judge shot down a class and collective action Friday that sought to represent more than 10,000 women who allegedly faced discrimination on pay and promotions at accounting giant KPMG LLP, saying the company's decentralized pay and promotion structure make the suit uncertifiable.

  • November 30, 2018

    Walmart 'Flaunting' Disdain For Calif. Labor Law, Judge Told

    An attorney representing tens of thousands of current and former Walmart workers in a certified class action over missed meal break payments and incomplete pay stubs kicked off a California federal bench trial Friday by saying the big-box retailer is “flaunting its disregard” for labor laws, warranting hundreds of millions of dollars in penalties.

  • November 30, 2018

    EEOC Can Get Some Info From Security Co. In Bias Probe

    The U.S. Equal Employment Opportunity Commission can enforce a subpoena against a security services company for an investigation into alleged sexual and racial harassment, a California federal judge ruled Thursday, though she denied parts of the agency’s request for information.

  • November 30, 2018

    4 Tips For Facebook After 'Black People Problem' Memo

    While a former executive’s memo alleging that Facebook has a “black people problem” may tarnish the company's image in the short term, it also gives the social media giant a chance to address discrimination concerns before they metastasize into litigation. Here, employment law experts share 4 tips Facebook would be well-served to consider.

  • November 30, 2018

    Ex-Tinder Worker Swipes Left On Arbitrating Harassment Suit

    A former Tinder employee who accused the dating app company of sexual harassment and retaliation asked a California federal judge Friday to keep her lawsuit in court, arguing that she's not bound by an arbitration agreement she signed almost six months after she first reported her claims to human resources.

  • November 30, 2018

    New DOL Directive Aims To Settle Claims And Shorten Audits

    The U.S. Department of Labor's federal contracts watchdog has announced it will give government contractors that have decided to make an early deal in a bias investigation a five-year grace period where the location at issue won't be audited if the companies fork over certain employment information.  

  • November 30, 2018

    $28M Jury Award Nixed In Death Of Duke Energy Worker

    An Ohio appeals court on Friday vacated a $28 million jury award in a suit accusing an inspection company of being responsible for a Duke Energy worker’s death after a rotted utility pole collapsed, saying the trial judge improperly barred the company’s argument that Duke was to blame.

  • November 30, 2018

    Bus Co. Exec Gets Prison For Taking Contract Kickbacks

    A former executive for a suburban Chicago public bus service who pled guilty to accepting kickbacks in exchange for offering or extending contracts to technology support staff was sentenced Friday to one year and one day in prison.

  • November 30, 2018

    DOJ Will Nuke Gilead FCA Suit, Supreme Court Hears

    In a stunning move, the U.S. Department of Justice on Friday told the U.S. Supreme Court that it wants to terminate a closely watched whistleblower suit against Gilead Sciences Inc., asserting that the False Claims Act case is “not in the public interest.”

  • November 30, 2018

    Rail Equipment Cos. Want Workers' No-Poach Suits Tossed

    Rail equipment suppliers Knorr-Bremse and Wabtec are urging a Pennsylvania federal judge to toss consolidated cases in multidistrict litigation over deals not to poach each other's workers, arguing that the proposed class hasn't sufficiently defined an antitrust market that has been harmed.

  • November 30, 2018

    McDermott Lands Ex-Katten Employment Pro In NY

    McDermott Will & Emery LLP has bolstered its employment group in New York with the addition of a former Katten Muchin Rosenman LLP attorney with experience helping clients navigate employment-related risks, such as worker misclassification, in mergers and acquisitions.

  • November 30, 2018

    Robbins Geller Wins Lead In Papa John's Stock-Drop Suit

    A Manhattan federal judge on Friday cleared the way for an Oklahoma institutional investor represented by Robbins Geller Rudman & Dowd LLP to lead a proposed class targeting Papa John's International Inc. in a stock-drop suit tied to former chairman and CEO John Schnatter's allegedly abominable workplace behavior.

  • November 30, 2018

    KC Chiefs Say Player's Ex-Wife Can't Exit Concussion Deal

    The Kansas City Chiefs have urged a Pennsylvania federal court to reject a former NFL player's ex-wife's bid to opt out of the 2015 concussion settlement class, saying there is no justification for making the motion four years after the deadline.

  • November 30, 2018

    MVP: Morrison & Foerster's Karen Kubin

    Karen Kubin of Morrison & Foerster LLP helped employers fend off potentially costly suits seeking pay overtime for classes of workers over the past year, earning the longtime employment litigator a spot among Law360's 2018 Employment MVPs.

  • November 30, 2018

    Leaders Ink NAFTA Rewrite, Teeing Up Legislative Climb

    President Donald Trump and his counterparts from Canada and Mexico on Friday formally signed the modernized North American Free Trade Agreement they completed in September, which would keep the three neighbors under a unified set of trading rules once the deal is ratified.

  • November 29, 2018

    Ex-Microsoft Worker's Firing Suit Revived At Wash. High Court

    The Washington Supreme Court revived a case Thursday brought by a former Microsoft worker who claimed that she was given a low performance rating in retaliation for filing a previous suit against the company, finding that the employee had presented enough evidence to show a causal link between the two events.

  • November 29, 2018

    7th Circ. Avoids DFS Legality, Ends Publicity Rights Suit

    The Seventh Circuit declined Thursday to determine whether daily fantasy sports violated Indiana criminal law, putting an end to a proposed class action of college athletes seeking to stop DraftKings and FanDuel from using their names, likenesses and statistics without permission.

  • November 29, 2018

    Carchex LLC Must Face Overtime Suit, Maryland Judge Says

    Auto warranty provider Carchex LLC can’t sidestep a class action by former call center employees who claim they weren’t compensated for working overtime, a Maryland federal judge ruled Wednesday, saying the company’s motion to dismiss was "without merit."

  • November 29, 2018

    NJ Court Won't Revive Fired Rutgers Exec's Retaliation Suit

    The New Jersey Appellate Division on Thursday refused to revive a former Rutgers University executive’s lawsuit alleging she was fired for complaining about mismanagement in her department, ruling that evidence showed she was fired for poor job performance, not whistleblowing.

Expert Analysis

  • Top 10 Employer Takeaways From Midterm Election Results

    Richard Meneghello

    In Tuesday's midterm elections, Democrats recaptured the House for the first time in eight years while Republicans retained and strengthened their grip on the Senate. Richard Meneghello and Benjamin Ebbink of Fisher Phillips break down what this means for employers.

  • Evaluating Obesity As An Impairment At Wash. High Court

    Tina Tellado

    The Washington Supreme Court's eventual decision in Taylor v. Burlington Railroad Holdings is likely to have far-reaching effects that will inform how employers and employees approach weight-based discrimination issues in the workplace and during the prehiring process, say Tina Tellado and Trisha Thompson of Holland & Knight LLP.

  • 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.