Employment

  • September 25, 2017

    Facebook Hit With Age Discrimination Suit From Ex-Worker

    A former Facebook employee has filed an age discrimination suit against the social media giant in California state court, saying he was subjected to numerous derogatory remarks based on his age and that the comments were made in front of management personnel.

  • September 25, 2017

    Repatriation Holiday Won’t Create Jobs, Tax Think Tank Says

    President Donald Trump’s plan to rekindle a program allowing corporations to bring offshore profits back to the U.S. at a low tax rate would generate dividends for the wealthy rather than create jobs and domestic investment, the Tax Policy Center said Monday.

  • September 25, 2017

    Hertz Rejected Job Applicant Due To Cane, EEOC Says

    The Hertz Corp. refused to hire a car salesman who used a cane despite the fact that the car rental and sales company could have accommodated his disability, the U.S. Equal Employment Opportunity Commission alleged Friday in Colorado federal court.

  • September 25, 2017

    9th Circ. Uber Driver Suits Await High Court Ruling

    The Ninth Circuit on Friday paused several class actions alleging Uber misclassified drivers as independent contractors, saying it’ll hold off on ruling until the U.S. Supreme Court decides a trio of closely watched cases on whether employers can legally include class waiver provisions in employee arbitration agreements.

  • September 25, 2017

    MIT Janitor's Due Process Suit Against ICE Dismissed

    A Massachusetts federal judge on Friday dismissed a suit brought by a Massachusetts Institute of Technology janitor who alleged that he was denied due process when detained in immigration custody, finding that he had not suffered any procedural violation.

  • September 25, 2017

    MLB Umpire Says Ohio Is Right Place For Discrimination Suit

    A Cuban-born Major League Baseball umpire asked an Ohio federal judge Friday to keep alive his discrimination lawsuit against the league, saying the work performed in the state by him and other umpires makes Ohio a proper venue for his claims.

  • September 25, 2017

    Whataburger Slapped With EEOC Suit Over Biased Hiring

    The U.S. Equal Employment Opportunity Commission filed a lawsuit in Florida federal court Friday against Whataburger Restaurants LLC accusing it of allegedly forcing an employee to quit after she refused to participate in Whataburger’s racially discriminatory hiring directive to hire only white job applicants.

  • September 22, 2017

    7 Employment Cases To Watch At The Supreme Court

    The U.S. Supreme Court's new term will kick off with arguments over whether mandatory arbitration agreements that force workers to sign away their class action rights are legal under federal labor law, and give the justices a chance to decide whether to tackle several other hot-button employment law issues, such as whether Title VII protects workers from discrimination based on their sexual orientation. Here, Law360 looks at seven high court employment cases that are on attorneys’ radar.

  • September 22, 2017

    Ex-Teamsters Chief Faces Beefed-Up Extortion Indictment

    Illinois federal prosecutors have piled on seven counts to the charges against a Teamsters regional leader accused of extorting large sums from a business via threats of work stoppages, including filing false tax returns and false Department of Labor reports, according to court papers filed Friday.

  • September 22, 2017

    EEOC Sues Ill. Casino For Firing Worker With Cancer

    A casino in Chicago’s northwest suburbs violated federal employment law when it denied an employee’s request for additional leave to receive cancer treatment and then fired the employee, the U.S. Equal Employment Opportunity Commission said in a recent suit. 

  • September 22, 2017

    Worker Who Left For HBO Can't Be Held To Unlawful Contract

    The New Jersey Appellate Division on Friday affirmed the dismissal of a software services company’s lawsuit alleging a worker violated her employment contract when she defected for Home Box Office Inc., ruling that the contract was invalid since the suing company unlawfully withheld wages during the worker’s training period.

  • September 22, 2017

    Elbit Accuses Ex-Employee, Competitor Of Trade Secrets Theft

    A maker of helmet-mounted display systems used by military pilots told a Chicago federal judge Thursday that a former employee stole trade secrets for a competitor and used them to wrench away a lucrative foreign military contract.

  • September 22, 2017

    House To Consider Tax Relief For Hurricane Victims

    Individuals affected by Hurricanes Harvey, Irma and Maria may be able to access their retirement accounts without getting penalized, and they may be able to claim bigger tax deductions for property damage under a bill announced Friday.

  • September 22, 2017

    NLRB Again Finds Md. Demolition Cos. Are Joint Employers

    The National Labor Relations Board ordered two Maryland demolition and environmental services companies to meet a Laborers’ International Union of North America unit at the bargaining table Thursday, saying they did not offer evidence to upset an August 2016 finding that they are joint employers.

  • September 22, 2017

    Judge Wants More Info On $9.75M CalPERS Consultant Deal

    A California judge on Friday held off on approving a $9.75 million settlement between an actuarial consultant to the California Public Employees' Retirement System and a class of long-term care insurance policyholders who claim their rates unexpectedly increased, requesting more details about overall possible damages.

  • September 22, 2017

    DOL 'Antagonistic' Toward Contractors, Chamber Says

    The U.S. Department of Labor’s Office of Federal Contract Compliance Programs has abdicated its core mission of ensuring federal contractors give all workers equal employment opportunities in favor of “garnering splashy headlines and securing high-dollar settlements,” the U.S. Chamber of Commerce charged in a report Thursday.

  • September 22, 2017

    Sidley Austin Employment M&A Pro Joins Hogan Lovells

    An executive compensation attorney who worked on SoftBank's purchase of a $20 billion stake in Sprint Nextel and represented Intel in a $7.7 billion acquisition joined Hogan Lovells' Silicon Valley office Thursday from Sidley Austin LLP.

  • September 22, 2017

    EEOC Targets More IHOP Locations Over Sexual Harassment

    Two days after bringing sexual harassment claims against IHOP locations in Illinois, the U.S. Equal Employment Opportunity Commission brought a class action against several franchisees of the restaurant chain in Nevada federal court Thursday, alleging rampant sexual harassment, an illegal policy that discouraged employees from reporting such incidents, and retaliation against workers who complained.

  • September 22, 2017

    TGI Friday's Must Rework $19.1M Wage Deal, Judge Says

    A New York federal judge on Thursday rejected a proposed $19.1 million settlement between a putative class of 28,800 TGI Friday's tipped workers and the restaurant chain, saying it contains confidentiality and release provisions that could not “pass muster.”

  • September 22, 2017

    McCain Opposes ACA Repeal, Imperiling Bill

    Sen. John McCain, R-Ariz., may have derailed the latest attempt to repeal and replace the Affordable Care Act, issuing a statement Friday saying he would not support the bill for its rushed nature and lack of independent analysis.

Expert Analysis

  • 'Per-Doc' Pricing Can Improve Document Review

    file folder

    Imagine going to a restaurant and ordering your steak medium-rare. The steak arrives burned. You expect the kitchen to bring you another one properly done, right? And you don’t expect to pay for two steaks, do you? Paying a vendor for document review should be no different, says Lisa Prowse, an attorney and vice president at e-discovery firm BIA Inc.

  • When Does An Entry-Level Employee Become Exempt?

    Shlomo Katz

    With September winding down, many recent graduates have already begun their new jobs, and many have likely taken positions that may qualify them for exemption from the minimum wage and overtime requirements of the Fair Labor Standards Act. Shlomo Katz of Brown Rudnick LLP examines when exactly a new employee can qualify for exemption.

  • When A SOX Whistleblower Claim Applies Extraterritorially

     Matthew LaGarde

    The recent decision from the U.S. Department of Labor's Administrative Review Board in Blanchard v. Exelis Systems is important because it makes clear that, so long as the misconduct reported by the employee affects the United States in “some significant way,” the Sarbanes-Oxley Act will apply extraterritorially, says Matthew LaGarde of Katz Marshall & Banks LLP.

  • Implicit Bias' Questionable Role In Employment Litigation

    James McDonald Jr.

    Implicit bias has enjoyed a sustained focus of research and analysis in academia, and it is an increasingly popular topic of discussion among employment lawyers. However, whether implicit bias as a concept has any usefulness in employment discrimination litigation is not at all clear, says James McDonald Jr. of Fisher Phillips.

  • Preparing For New Mass. Pregnancy Accommodations Law

    Mehreen Rasheed

    Massachusetts is the latest state to pass a pregnancy accommodation law, joining 21 other states and Washington, D.C. Like many of the similar state laws, the recently enacted Massachusetts law will expand protections for pregnant employees beyond those available under federal law, say Mehreen Rasheed and Carolyn Wheeler of Katz Marshall & Banks LLP.

  • Opinion

    Time Limit On Asbestos Depositions Threatens Due Process

    Freddy Fonseca

    California’s Senate Bill 632 seeks to impose a seven-hour limit on depositions in asbestos cases at the expense of defendants’ due process rights. All defendants maintain an interest in properly and fairly preparing their defense, and no party should be required to jeopardize that right, says Freddy Fonseca of Manion Gaynor & Manning LLP.

  • A Guide To The Executive Branch Official Nomination Process

    Adam Raviv

    Although the Trump administration has completed the vetting and confirmation of a cabinet and White House staff, thousands of senior positions remain unfilled throughout the executive branch. More than ever, people selected for those posts find themselves under close scrutiny, say Adam Raviv and Reginald Brown of WilmerHale.

  • East Coast Medical Marijuana Lessons For Nev. Employers

    Laura Jacobsen

    Recent court decisions from the East Coast have held that medical patients terminated for positive medical marijuana test results have valid causes of action against their employers for disability discrimination. Because Nevada law provides some protection for employees who engage in off-duty medical marijuana use, Nevada employers should take important lessons from these cases, says Laura Jacobsen of McDonald Carano LLP.

  • The Equifax Data Breach And Its Impact On Businesses

    Eduard Goodman

    The Equifax breach could trigger a shift in data breach class actions from potential harm to consumers to potential harm to businesses, says Eduard Goodman, chief privacy officer at CyberScout LLC.

  • Potential Perils Of Employer Parental Leave Policies

    Debra Friedman

    In recent years, more and more private companies have been adopting parental benefit policies. However, as demonstrated by the U.S. Equal Employment Opportunity Commission's recent suit against Estée Lauder, the agency is focusing on alleged disparities in employers’ parental benefit policies, and good intentions can lead to unintended consequences, says Debra Friedman of Cozen O'Connor.