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Employment

  • January 14, 2019

    BakerHostetler Adds Business Pro From Payne & Fears

    BakerHostetler announced Monday that it picked up a business and employment law veteran from Payne & Fears LLP, making him the latest addition to BakerHostetler’s Costa Mesa, California, office.

  • January 14, 2019

    10th Circ. Affirms Liberty's Win In Black Lung Coverage Row

    Liberty Mutual Fire Insurance Co. didn't breach any obligations to the ex-president of bankrupt Clemens Coal Co. when it failed to provide the company a policy with coverage for black lung disease claims, the Tenth Circuit affirmed on Monday, agreeing with a lower court that the former executive's case fails because the insurer owed no duty to him personally.

  • January 14, 2019

    6th Circ. Clears American Airlines Unit Of FMLA Wrongdoing

    The Sixth Circuit on Monday rejected a former Envoy Air Inc. worker's bid to revive his suit alleging he was illegally fired because he took leave under the Family and Medical Leave Act, saying instead that the air carrier acted within bounds when it ousted him for abusing the company's travel privileges.

  • January 14, 2019

    Doorstep Delivery FLSA Suit Settled After Decertification

    Doorstep Delivery has been able to settle a driver’s Fair Labor Standards Act suit against the food delivery service claiming that he was misclassified as an independent contractor and not properly paid overtime.

  • January 14, 2019

    NLRB Narrows View Of Concerted Action By Workers

    The National Labor Relations Board on Friday upended an Obama-era precedent that a worker's gripe can qualify as concerted activity that is shielded by federal labor law if it's made in front of colleagues, ruling against a JFK International Airport porter who was fired for complaining about inadequate tips.

  • January 14, 2019

    Shutdown Cranking Up Anxiety, Uncertainty For Taxpayers

    The partial government shutdown is forcing multinational corporations, domestic taxpayers and practitioners into a tricky guessing game as deadlines approach and automated collection notices are still released, without anyone at the Internal Revenue Service to discuss or negotiate with.

  • January 14, 2019

    Pittsburgh Firm Botched Case, Paid For Reviews, Suit Says

    A proposed class action in Pennsylvania state court has accused Kraemer Manes & Associates of botching a Pittsburgh woman’s federal harassment case by missing the statute of limitations while also inflating its reputation through soliciting five-star reviews from non-clients.

  • January 14, 2019

    NJ Strip Club Can't Duck Unemployment Taxes For Dancers

    A New Jersey state appeals court on Monday said a strip club operator can't avoid paying delinquent unemployment taxes for exotic dancers, rejecting its argument that they were independent contractors, not employees, whose work was not central to the club's business.

  • January 14, 2019

    6th Circ. Upholds Order For Airgas Worker's Holiday Pay

    The Sixth Circuit on Monday enforced a National Labor Relations Board order making gas distributor Airgas USA LLC give a worker the holiday pay denied him, saying the board backed up its finding that Airgas punished him for lodging labor complaints.

  • January 14, 2019

    Trump's ACA Birth Control Rules Blocked Nationwide

    A Pennsylvania federal judge issued a nationwide injunction Monday blocking Trump administration carveouts to the Affordable Care Act's birth control mandate from taking effect, one day after a court in California blocked the same ACA exemptions in 13 states and the District of Columbia.

  • January 14, 2019

    Rail Gear Workers Say No Market Needed For No-Poach Suits

    Former Knorr-Bremse AG and Wabtec Corp. employees blasted the rail equipment suppliers Friday in Pennsylvania federal court for trying to duck consolidated cases in multidistrict litigation over deals not to poach each other's workers, arguing no market need be identified to challenge agreements that were illegal on their face.

  • January 14, 2019

    Calif. Denny's Workers Ask To Send Wage Suit To State Court

    A proposed class of Denny's employees asked a California federal court on Friday to send its wage suit back to state court, arguing that the restaurant company was unable to prove the amount in controversy will likely exceed $5 million, as required by U.S. law.

  • January 14, 2019

    UAW Can't Dodge Ex-GM Employees' Age Bias Suit

    A Michigan federal judge on Sunday ruled that the United Auto Workers can't escape an age discrimination suit brought by three former General Motors employees, ruling the UAW's assertion that the workers had to exhaust internal appeals before filing suit wasn't supported by the civil rights cases cited in their argument.

  • January 14, 2019

    Jury Denied Info In $1.5M Ex-Player’s Case, MLB Network Says

    MLB Network Inc. urged a New Jersey state appeals court on Monday to vacate a $1.5 million wrongful termination jury verdict in favor of former Philadelphia Phillies relief pitcher Mitch “Wild Thing” Williams, arguing that the trial court should have allowed more evidence related to his purportedly bad behavior at his son’s youth baseball tournament where he was a coach.

  • January 14, 2019

    Judge Sides With Temple In Campus Cop Discrimination Row

    Two former Temple University Police officers had most of their claims against the university and their supervisors thrown out Friday by a Pennsylvania federal judge who’d refused to recuse himself for being an alumnus, but can keep pursuing allegations their due-process rights were violated.

  • January 14, 2019

    Fla. Sports Bar To Face Overtime Suit In Federal Court

    A proposed collective action filed in Florida state court accusing Juana's Latin Sports Bar and Grill of failing to pay its servers the time-and-a-half overtime rate and earned tips was removed to federal court on Friday at the request of the restaurant.

  • January 14, 2019

    $3.8M Deal Puts Brakes On Truck Drivers' FLSA Suit

    A Tennessee trucking company has agreed to pay $3.8 million dollars to settle a Fair Labor Standards Act suit alleging it didn't properly pay thousands of drivers for time spent on orientation and training.

  • January 13, 2019

    13 States, DC Win Freeze Of ACA Birth Control Exemptions

    A California federal judge late Sunday barred the Trump administration from letting more employers in 13 states and Washington, D.C., invoke religious or moral objections to avoid an Affordable Care Act requirement to provide no-cost birth control to workers.

  • January 11, 2019

    The Firms That Dominated In 2018

    Law360's top four Firms of the Year notched a combined 32 Practice Group of the Year awards after successfully securing wins in bet-the-company matters and closing high-profile, big-ticket deals for clients throughout 2018.

  • January 11, 2019

    Law360 Names Practice Groups Of The Year

    Law360 congratulates the winners of its 2018 Practice Group of the Year awards, which honor the law firms behind the litigation wins and major deals that resonated throughout the legal industry in the past year.

Expert Analysis

  • Texas Marijuana Laws And Where They May Be Going

    Steve Roppolo

    At least 10 bills seeking to liberalize Texas’ marijuana laws have been filed in advance of the state’s 2019 legislative session. Employers rightfully wonder whether any of these potential changes would affect their ability to maintain a drug-free workplace or test for marijuana use, says Steve Roppolo of Fisher Phillips.

  • 5 Most-Read Legal Industry Guests Of 2018

    iStock-1056065752.jpg

    Law360 guest authors weighed in on a host of key legal industry issues this year, ranging from in-house tips for success and open secrets about BigLaw diversity to criticisms of the equity partnership and associate salary models. Here are five articles that captured the most attention.

  • Roundup

    Winner's Playbook

    Winner's Playbook

    Take a peek behind the scenes of four U.S. Supreme Court cases from 2018, as the attorneys who won them reflect on the challenges they faced and the decisions they made that led to victory.

  • 10 Most-Read Employment Law360 Guests Of 2018

    Top Stories

    Workplace sexual harassment, pre-employment background checks and arbitration agreements were just some of the employment law issues that readers followed closely in 2018.

  • Opinion

    High Court's Tibble Opinion Matters Now More Than Ever

    Jerome Schlichter

    As demonstrated by numerous rulings and settlements throughout 2018, the U.S. Supreme Court's 2015 decision in Tibble v. Edison — the first 401(k) excessive fee case it ever considered — continues to provide critical protections that will affect an ever-growing population of retirees, says Jerome Schlichter of Schlichter Bogard & Denton LLP.

  • Pa.'s Top Employment Law Developments In 2018

    Stephanie Rawitt

    While 2018 wasn't an incredibly active year for employment law issues in Pennsylvania, there were still some developments and legislative changes worthy of reviewing as we head into the new year, says Stephanie Rawitt of Clark Hill PLC.

  • Navigating E-Discovery In Employment Litigation: Part 2

    Excerpt from Lexis Practice Advisor
    Kim Leffert

    In the final part of this article, Kim Leffert and Michael Downey of Mayer Brown LLP provide guidance on e-discovery issues such as how employer bring-your-own-device policies affect electronically stored information and best practices for handling privileged communications.

  • Key Trade Secret Developments Of 2018: Part 1

    Randall Kahnke

    This year brought significant developments in U.S. trade secret law, including further guidance on the Defend Trade Secrets Act and varied court interpretations of customer lists as trade secrets, say attorneys with Faegre Baker Daniels.

  • Mass. Cos. With Tipped Employees Face New Wage Laws

    Matt Horvitz

    As a result of new legislation that takes effect in January, Massachusetts companies with tipped employees should revisit how they calculate wages — or risk getting swept into the next onslaught of class actions, says Matt Horvitz of Goulston & Storrs PC​​​​​​​.

  • Calculating 1-Year Employment Requirement For L-1 Visas

    Miatrai Brown

    U.S. Citizenship and Immigration Services recently issued a policy memo to clarify the one-year foreign employment requirement for L-1 visa holders. Miatrai Brown of Erickson Immigration Group discusses how it will affect petitions moving forward.