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Employment

  • January 11, 2019

    High Court Will Take Up Calif. Offshore Drilling Wage Dispute

    The U.S. Supreme Court agreed Friday to review a Ninth Circuit decision that California's wage-and-hour laws apply to offshore drilling workers in the Golden State, a ruling that industry claims conflicts with the Fifth Circuit's conclusion that federal law should apply to workers on the Outer Continental Shelf.

  • January 11, 2019

    'Path To Citizenship' In Sight For H-1B Holders, Trump Says

    Changes to a visa program for foreign workers with advanced U.S. educational degrees may soon include a "potential path to citizenship," President Donald Trump tweeted Friday.

  • January 11, 2019

    Alphabet Board Hid Execs' Misconduct, 2nd Investor Suit Says

    Several executives from Google Inc. parent Alphabet Inc., including its chief legal officer, were hit with another lawsuit from a shareholder in California state court Thursday, claiming that covered-up sexual misconduct has hurt the company’s value.

  • January 11, 2019

    Congress Greenlights Back Pay For Furloughed Fed Workers

    The U.S. House of Representatives overwhelmingly agreed on a bill to give furloughed federal workers back pay after the government shutdown ends, sending the bill to President Donald Trump’s desk Friday.

  • January 11, 2019

    Cablevision Inks $1.4M Deal In Technicians' Wage Suit

    A $1.4 million settlement resolving claims that Cablevision Systems New York City Corp. flouted federal and state labor laws by making its field technicians work off the clock cleared its first hurdle Friday after a New York federal judge signed off on the deal.

  • January 11, 2019

    Supreme Court To Eye Title VII Exhaustion Requirements

    The U.S. Supreme Court agreed Friday to consider whether federal courts can hear a workplace bias claim even if the worker making it didn't complain to the U.S. Equal Employment Opportunity Commission before suing, agreeing to review a Fifth Circuit ruling that revived a Texas worker's religious bias suit.

  • January 11, 2019

    Logistics Co.'s No-Hire Clause Invalid: Pa. Appeals Court

    A Pittsburgh logistics company can't enforce part of a contract that bars a shipping company from hiring its employees, in part because its business interests are already protected by another clause barring the shipper from poaching its customers, the Superior Court of Pennsylvania ruled in a precedential opinion Friday.

  • January 11, 2019

    Greenberg Traurig Snags Employment Pro From Polsinelli

    Greenberg Traurig LLP has announced it has added a prominent employment attorney from Polsinelli PC with years of experience litigating class actions, making him a shareholder at its San Francisco office.

  • January 11, 2019

    Lyft Driver Cannot End Suit To Trigger Appeal, Judge Rules

    A Lyft driver fighting his status as an independent contractor will have to proceed to arbitration, rather than having his case dismissed so he can appeal to the First Circuit, a Massachusetts federal judge ruled Friday in agreeing with the ride-sharing company's argument that the former path will resolve the putative class action more quickly.

  • January 11, 2019

    DOJ's Slumping FCA Hauls Cloud Future Recovery Prospects

    The U.S. Department of Justice’s ho-hum performance last year in False Claims Act litigation marked its second straight year of sagging recoveries, sparking questions about whether the DOJ can revive its glory days of blockbuster FCA hauls.

  • January 11, 2019

    11 AGs Tell NLRB Not To Narrow Joint Employment Standard

    A coalition of attorneys general from 10 states and the District of Columbia urged the National Labor Relations Board on Friday not to revert to its past definition of a "joint employer," saying the move would weaken workers' ability to organize and hold their employers accountable.

  • January 11, 2019

    Air Traffic Controllers Union Sues Feds Over Shutdown Pay

    A union representing thousands of U.S. air traffic controllers sued the federal government on Friday for forcing its members to work without pay since December, joining a number of other labor unions that have taken the Trump administration to court over the ongoing shutdown.

  • January 11, 2019

    NFL Concussion Firms Seek $3.2M From Common Fund

    Seeger Weiss LLP has asked the Pennsylvania federal court overseeing the NFL concussion settlement to distribute $3.2 million from a common benefit fund to pay itself and a handful of other firms for their work on class-related matters, with Seeger Weiss itself requesting $2.7 million.

  • January 11, 2019

    Walgreens Cashier Can Sue After Settlement, 9th Circ. Says

    A Walgreens cashier’s participation in a $23 million settlement with the pharmacy chain over wage-and-hour claims doesn’t prevent her from pursuing a state court case alleging the company wrongly denied her and others suitable seating, the Ninth Circuit has ruled.

  • January 10, 2019

    NJ Gov. Aide Grilled Over Handling Of Sex Assault Claim

    New Jersey legislators grilled the chief of staff to Gov. Phil Murphy on Thursday about how a former staffer accused of rape remained in his position for months after being told to step down and then later resigned amid media inquiries about the alleged assault.

  • January 10, 2019

    Investors Sue Google Parent Execs Over Privacy, Harassment

    A proposed class of shareholders accused Google parent Alphabet's board of directors in California state court Wednesday of concealing data privacy issues and issues of sexual harassment and discrimination, ultimately propping up the stock price until the truth about these issues emerged.

  • January 10, 2019

    What All Attorneys Need To Know About The Shutdown

    As the government shutdown drags on, Law360 is compiling answers to some of the most pressing questions on attorneys' minds.

  • January 10, 2019

    Discovery Bid Denied In Eagles Player's Suit Against Union

    Philadelphia Eagles lineman Lane Johnson can’t investigate his union, the NFL Players Association, over claims that it retaliated against him for criticizing its tepid response to Johnson’s 10-game suspension for banned-substances use, a New York federal court said Wednesday.

  • January 10, 2019

    6th Circ. Backs Staffing Co.'s Attys' Fees In Noncompete Row

    A Sixth Circuit panel on Thursday backed a lower court’s decision awarding attorneys’ fees to Kelly Services Inc. in a suit against three former employees the staffing and consulting company accused of breaching their noncompete agreements when they went to work for a competitor.

  • January 10, 2019

    NLRB Had Right To Fire Atty Who Lost Affidavits, Judge Says

    An Alabama federal judge on Thursday upheld an administrative ruling that the National Labor Relations Board acted within bounds when it fired a field attorney for losing confidential witness statements and misleading an agency official who investigated the incident, saying the board’s action was reasonable.

Expert Analysis

  • Calif.'s Top Employment Law Developments In 2018

    Mellissa Schafer

    Following an influx of new employment laws enacted in California this year, employers in the state once again have their work cut out for them when it comes to addressing and complying with new legislation that mostly takes effect at the start of 2019, says Mellissa Schafer of Hinshaw & Culbertson LLC.

  • Series

    Judging A Book: Mills Reviews 'Mississippi's Federal Courts'

    Judge Michael Mills

    ​​David M. Hargrove's​ new book​,​ "Mississippi’s Federal Courts: A History," is a remarkably candid portrait of the characters and courts serving the state's federal judiciary from 1798 on, and contributes new scholarship on how judges were nominated during the civil rights era, says U.S. District Judge Michael Mills of the Northern District of Mississippi.

  • The Good News For Nonprofits On Transit Benefit Compliance

    George Constantine

    Nonprofit organizations struggling to comply with a new tax on parking and public transit benefits for their employees received three pieces of somewhat good news on Dec. 10. Attorneys at Venable LLP provide the details.

  • Opinion

    Copay Accumulator Plans Put Employers In Legal Jeopardy

    Stacey Worthy

    Health plans that prevent patients from applying any form of drug manufacturer copay assistance toward their deductible — known as copay accumulator programs — not only increase the cost of health care, but have the potential to put businesses in significant legal peril, says Stacey Worthy of Aimed Alliance.

  • Guest Feature

    The Subtle Art Of Fred Fielding

    Fred Fielding

    One of the rare attorneys to serve as White House counsel to two presidents, Fred Fielding of Morgan Lewis & Bockius LLP may be the quintessential Washington insider. Attorney Randy Maniloff asks him to elaborate.

  • Opinion

    Pregnancy Discrimination Protections: We Can Do Better

    Craig Barkacs

    Despite strides toward eliminating workplace pregnancy discrimination in recent decades, protections are still not sufficiently established in our business culture or legal structure, says Craig Barkacs of University of San Diego School of Business.

  • 10 Tips For Law Firms To Drive Revenue Via Sports Tickets

    Matthew Prinn

    Many law firms have tickets or luxury suites at sporting events to host clients and prospects. Matthew Prinn of RFP Advisory Group and Matt Ansis of TicketManager discuss some of the ways that firms can use those tickets effectively.

  • Inside Key ABA Guidance On Attorneys' Cybersecurity Duties

    Joshua Bevitz

    A recent opinion from the American Bar Association provides useful guidance on attorneys’ obligations to guard against cyberattacks, protect electronic client information and respond if an attack occurs, says Joshua Bevitz of Newmeyer & Dillion LLP.

  • Employee Arbitration Agreements In NJ Face New Hurdles

    Benjamin Teris

    New Jersey state courts have been less favorable to employers than federal courts when it comes to enforcing arbitration agreements. The latest example is the Appellate Division’s precedential decision in Flanzman v. Jenny Craig, says Benjamin Teris of Post & Schell PC.

  • Reading Tea Leaves: The Oral Argument In Dawson V. Steager

    Edward Zelinsky

    Comments during oral argument in Dawson v. Steager suggest the U.S. Supreme Court will strike as discriminatory a West Virginia statute that taxes pensions of federal retirees. The question is how broadly the justices will apply the doctrine of intergovernmental tax immunity, says Cardozo School of Law professor Edward Zelinsky.