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  • October 16, 2018

    W.Va. Urges High Court To Affirm Retirement Tax Finding

    West Virginia did not violate the doctrine of intergovernmental tax immunity in exempting some state law enforcement officers’ retirement benefits from taxation but not those of federally employed retirees with similar duties, the state’s top law enforcement officers told the U.S. Supreme Court Tuesday.

  • October 16, 2018

    Uber Reaches $1.3M Deal In Drivers' Collective FLSA Action

    Uber Technologies Inc. will pay $1.3 million to settle Fair Labor Standards Act claims from more than 5,000 drivers who aren’t bound by arbitration agreements and alleged the ride-hailing giant misclassified them as independent contractors instead of employees, according to a North Carolina federal court filing Tuesday.

  • October 16, 2018

    Teamster Pension Fund Says Tops Hasn't Honored Ch. 11 Deal

    A Teamsters pension fund on Monday asked a New York bankruptcy court to force bankrupt grocery chain Tops Markets LLC to turn over documents related to an earlier lawsuit against a closely associated vendor, arguing that Tops is violating the terms of a May settlement by refusing to do so.

  • October 16, 2018

    Bill Would Let Employers Pay Down Student Debt Tax-Free

    U.S. workers could get help paying off their student loan debt under a Senate proposal that would allow employers to contribute thousands of dollars a year tax-free toward their employees’ student loan repayments.

  • October 16, 2018

    6th Circ. Affirms Ex-Bemis Worker's ADA Jury Win

    A Sixth Circuit panel affirmed an ex-Bemis Company Inc. press operator’s jury win in a disability bias suit Tuesday, saying the company hadn’t shown the worker couldn’t do his job but directing the trial court to tweak the $500,000 judgment.

  • October 16, 2018

    NY Firm Says Rival Poached Clients In Green Card Scheme

    New York-based law firm Virginia & Ambinder LLP, which specializes in employment, labor, pension and employee benefits, has alleged in New York state court that a former junior associate made an agreement with a rival firm to jump ship and bring clients with her in exchange for sponsorship for a green card.

  • October 16, 2018

    Philly UberBlack Drivers Press 3rd Circ. For Employee Status

    Philadelphia-based Uber limo drivers told the Third Circuit on Monday that they're similar to migrant workers who are compensated at the whim of an economically dominant entity, meaning they should be recognized as employees entitled to proper wages under the Fair Labor Standards Act.

  • October 16, 2018

    The Path To Becoming A Supreme Court Advocate

    A look at the careers of attorneys who have dominated oral advocacy at the U.S. Supreme Court over the last decade shows a similar path for men and women, with a few key differences. Here’s how the top 10 male and female advocates stack up.

  • October 16, 2018

    Error-Filled $1M Award Can't Be Confirmed, LeClairRyan Says

    LeClairRyan PC has asked a Virginia federal court to hold off on confirming a $1 million arbitration award against the firm in the gender discrimination suit of a former employee, saying that the arbitration award was currently being recalculated.

  • October 15, 2018

    Calif. Judges Say JPMorgan, BofA Wage Deals Need Work

    California federal courts have refused to sign off on a pair of settlements in separate wage suits against JPMorgan and Bank of America, with one judge saying the JPMorgan deal had "egregious" problems and another saying the Bank of America agreement set up a faulty process for workers to opt in.

  • October 15, 2018

    Chicago Restaurant Group Settles EEOC's Sex Bias Suit

    A Chicago Italian restaurant group agreed on Monday to develop new polices and pay $160,000 to end litigation over the U.S. Equal Employment Opportunity Commission’s claims that it subjects its female employees to sexual harassment at work.

  • October 15, 2018

    Gender Disparity At The High Court: How Top Law Firms Measure Up

    For the women at elite law firms, an enduring gender gap among advocates can create a high hurdle for their high court ambitions. Here, Law360 looks at the law firms where women score Supreme Court arguments, and where they don’t.

  • October 15, 2018

    Treasury Must Hand Over 60 More Docs In Auto Pension Suit

    A D.C. federal judge on Monday ordered the U.S. Department of the Treasury to hand over 60 more documents related to the 2009 bailout of General Motors as part of a dispute between current and former salaried workers for Delphi Corp. and the Pension Benefit Guaranty Corp. over an alleged deal with GM that cut their pension fund.

  • October 15, 2018

    Sears Authorized To Tap DIP Loan In 1st Day Of Ch. 11

    Sears Holdings Corp. accomplished an early set of goals Monday shortly after announcing it had filed for bankruptcy to reshape its physical footprint and reduce a debt load of more than $11 billion, receiving court permission to access $300 million in new financing from its existing lenders.

  • October 15, 2018

    Calif. Supreme Court Recuses Itself In Judicial Raises Case

    The entire California Supreme Court has recused itself from an appeal that involves whether the Golden State owes about $36 million worth of back wage and pension payments to a class of more than 3,000 current and former judges.

  • October 15, 2018

    Student-Athletes Ask 9th Circ. To Revive NCAA Wage Suit

    The NCAA and Pac-12 Conference should be considered joint employers of a proposed class of college football players because the sports regulators set limits on pay and work hours, a former student-athlete told the Ninth Circuit on Monday as he sought to revive his wage-and-hour suit against the organizations.

  • October 15, 2018

    Food Distributor, EEOC Ink $3.6M Deal In Sex Bias Suit

    A Detroit-based national food distribution company has agreed to pay $3.6 million to resolve the U.S. Equal Employment Opportunity Commission's claims that it flouted Title VII by engaging in hiring practices that discriminated against women, according to filings in Ohio federal court Monday.

  • October 15, 2018

    1 In 4 Women In Law Experienced Recent Harassment: Report

    One in four professional women working in the legal industry experienced some form of sexual harassment or misconduct in the past five years, according to a survey released Monday.

  • October 15, 2018

    Boston Aides Tell 1st Circ. Gov't Attacking 'Straw Man'

    Two Boston mayoral aides accused of leaning on a concert organizer to secure work for a local union urged the First Circuit on Friday to uphold a decision tossing their case, saying the government is aiming at a "straw man" in its appeal.

  • October 15, 2018

    Abbott Says Former Exec Stole Marketing 'Playbook'

    Abbott Laboratories on Monday accused a former manager of developing the health care giant’s “playbook” for chronic pain therapy marketing while knowing he would leave for a competitor, and is now suing to block him from working for Nevro Corp.

Expert Analysis

  • Fighting ADA Website Suits, Without Federal Guidance

    Stephanie Sheridan

    Despite the large number of digital accessibility lawsuits — thousands in the last few years alone — brought under the Americans with Disabilities Act, there are still no bright-line rules that retailers can follow in order to avoid being targeted, say attorneys with Steptoe & Johnson LLP.

  • The Where, When And What Of DTSA Appeals: Part 2

    Gregory Lantier

    To predict the kinds of questions early Defend Trade Secrets Act appellate decisions may resolve, Gregory Lantier and Thomas Sprankling of WilmerHale consider how courts have interpreted other intellectual property statutes.

  • Inside New Guidelines For NY's Anti-Sexual Harassment Law

    Tara Daub

    New York recently published final guidance for new state legislation that expands protections against sexual harassment in the workplace. Most notably, it provides employers with more time to ensure all New York employees receive sexual harassment prevention training under the law, say Tara Daub and Tony Dulgerian of Nixon Peabody LLP.

  • New NLRB Joint Employment Rule: Don't Celebrate Just Yet

    Dove Burns

    Although the National Labor Relations Board’s recently proposed joint employment rule would reduce potential liability for secondary businesses, employers operating in these circumstances must continue to contend with varying interpretations of the joint employer standard for now, says Dove Burns of Obermayer Rebmann Maxwell & Hippel LLP.

  • Oliveira Arguments Portend A Small Victory Against FAA

    Scott Oswald

    Nothing in Wednesday’s arguments before the U.S. Supreme Court in New Prime v. Oliveira suggested a defanging of the Federal Arbitration Act, which remains a potent tool for employers. But at least we now have evidence that the statute is likely subject to some limits, says Scott Oswald of The Employment Law Group PC.

  • Opinion

    Skip The New 'Civility Courses' And Think Like A Lawyer

    Alex Dimitrief

    As we watch what passes for political discourse in our nation’s capital, it’s understandable that universities are launching programs on how to cope with ideological disputes. But our country needs fewer people who profess to be open-minded and more people who engage in and honor the conclusions of reasoned debates, says Alex Dimitrief of General Electric Co.

  • Weighing ADEA's Wording At High Court

    Jaime Tuite

    Following Monday's oral arguments before the U.S. Supreme Court in Mount Lemmon Fire District v. Guido — which centered on the definition of “employer” under the Age Discrimination in Employment Act — public employers across the U.S. should be concerned the ADEA may apply to them, regardless of their size, says Jaime Tuite of Buchanan Ingersoll & Rooney PC.

  • The Broad Impact Of H-1B Premium Processing Suspension

    Yeon Me Kim

    With U.S. Citizenship and Immigration Services' recent decision to extend and expand the suspension of premium processing for certain H-1B petitions, employers now face uncertain processing times, and workers' ability to safely and promptly change employers is severely limited, say attorneys with Hammond Young Immigration Law​​​​​​​ LLC.

  • Antitrust Considerations For Government Contractors

    Peter Levitas

    Companies that engage in government contracting, particularly in the defense industry, face sector-specific antitrust compliance challenges. They must navigate carefully to manage risk in merger review, teaming agreements and personnel issues, say Peter Levitas and Francesca Pisano of Arnold & Porter.

  • Why Law Firms Should Monitor The Dark Web

    Anju Chopra

    Dark web monitoring allows law firms to see what sensitive information may have made its way onto the thriving global underground marketplace where cybercriminals buy and sell exposed data. It can also help lawyers advise clients on a wide range of legal and business matters, say Anju Chopra and Brian Lapidus of Kroll.