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Employment

  • November 29, 2018

    Wash. Workers Lose Bid To Claw Back Union Fees

    Washington state workers can't take back the money they paid the American Federation of State, County and Municipal Employees before the U.S. Supreme Court said public sector unions can't make nonmembers pay fees, a Washington federal judge has ruled.

  • November 29, 2018

    Minority Drivers Sue Amazon Over Background Check Policy

    Amazon Inc. was hit with a proposed class action from black and Latino delivery drivers in Massachusetts state court Thursday alleging the company’s policy of terminating drivers who don’t meet background history requirements regardless of their performance is racially discriminatory.

  • November 29, 2018

    2nd GOP Senator's 'No' Vote Likely Sinks Trump Court Pick

    Another of President Donald Trump’s judicial nominees had his hopes dashed Thursday as Sen. Tim Scott, R-S.C., came out as a “no” vote on Ogletree Deakins Nash Smoak & Stewart PC shareholder Thomas Farr, making it unlikely he will be confirmed as a district court judge in North Carolina.

  • November 29, 2018

    Dynamex Retroactivity In GrubHub Row Punted To 9th Circ.

    A California federal judge on Wednesday declined to vacate her February finding that a former GrubHub driver was an independent contractor rather than an employee, but acknowledged that the California Supreme Court’s Dynamex ruling might have changed the outcome of the case had it been handed down earlier.

  • November 29, 2018

    $4M Deal In Health Aide Wage-And-Hour Row Gets Final OK

    A New York federal judge has given the final OK to a $4 million deal to resolve a wage-and-hour suit claiming a group of home health aides was stiffed on overtime pay and minimum wage.

  • November 29, 2018

    Walmart Addresses Judge's Issues In $65M Seating Suit Deal

    Walmart Inc. and a group of workers who alleged that the company violated California's suitable seating law have revised their $65 million deal after a federal judge questioned a provision letting the retailer take back provided stools after two years, according to a new agreement filed Wednesday.

  • November 29, 2018

    Pilot Says Airline Ignored Jets' Carbon Monoxide Leaks

    Now-defunct airline startup OneJet ignored maintenance issues and allowed air tainted by carbon monoxide and engine exhaust to fill the cabins of two aircraft, a pilot said in a lawsuit filed in Pennsylvania federal court, claiming the company’s negligence caused his severe sickness.

  • 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.

Expert Analysis

  • 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.

  • With Conflicting Paths On FAA, High Court Likely To Take Both

    Scott Oswald

    Fierce brainpower was on show Monday at the U.S. Supreme Court, where the justices seemed likely to deliver a business-friendly outcome in two separate cases under the Federal Arbitration Act — even though this would require treating the FAA’s blind enforcement of arbitration agreements as sacrosanct in one instance while undermining it in another, says Scott Oswald of The Employment Law Group PC.

  • A Comprehensive Guide To Defending PAGA Claims: Part 2

    Excerpt from Lexis Practice Advisor
    Eric Emanuel

    In the final part of this article, attorneys with Quinn Emanuel Urquhart & Sullivan LLP offer employers detailed steps for responding to, litigating, settling and avoiding claims under California’s Private Attorneys General Act.

  • Protecting Law Firm Talent At Both Ends

    Susan Blakely

    By 2030, it is possible that 75 percent of lawyers practicing in the U.S. will be millennials. A broadened focus on retention and advancement of all young lawyers is therefore a logical step forward but it fails to address another major retention issue that law firms should explore, says Susan Smith Blakely of LegalPerspectives LLC.

  • Q&A

    Wendy Olson Talks Twin Falls, Tribes, Private Practice

    Wendy Olson

    Former U.S. Attorney for the District of Idaho Wendy Olson discusses her decades of experience prosecuting white collar crimes and civil rights violations, her work and challenges as U.S. attorney, and her move to private practice.

  • Prospects For Tax Policy In A Divided Post-Election Congress

    Evan Migdail

    The outcome of next week's election remains uncertain, but it is possible to predict some of the policy changes and legislative initiatives likely to arise during lame duck and 116th congressional sessions if Democrats regain a majority in the House of Representatives, say Evan Migdail and Melissa Gierach at DLA Piper LLP.

  • A Comprehensive Guide To Defending PAGA Claims: Part 1

    Excerpt from Lexis Practice Advisor
    Eric Emanuel

    Under California’s Private Attorneys General Act, “aggrieved employees” may step into the state’s shoes to recover civil penalties for certain breaches of the state's Labor Code or workplace health and safety violations. Attorneys with Quinn Emanuel Urquhart & Sullivan LLP provide step-by-step guidance for employers defending against such claims.

  • 3 Incentive Compensation Alternatives To Consider

    Megan Monson

    Many employers provide equity-based compensation, but often employees don’t receive the value these incentives were intended to provide. For this and several other reasons, employers should consider new approaches to help retain employees and reward performance, say Megan Monson and Christine Osvald-Mruz of Lowenstein Sandler LLP.

  • Series

    Judging A Book: Brown Reviews 'Dangerous Leaders'

    Judge Nannette Jolivette Brown

    Anthony Thompson’s "Dangerous Leaders: How and Why Lawyers Must Be Taught to Lead" explores the conflict many lawyers face when charged with the responsibility of leadership. The book is an excellent read for all lawyers, says U.S. District Chief Judge Nannette Jolivette Brown of the Eastern District of Louisiana.