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Employment

  • June 22, 2018

    Ex-Nelson Levine Atty Fights Arbitration Bid By Colleague

    A nonmanaging member of defunct Nelson Levine de Luca & Hamilton LLC being sued with other firm colleagues by a former name partner for allegedly shorting him in the firm's breakup argued Thursday in Pennsylvania federal court that a motion by the partner to arbitrate the case is far too premature.

  • June 22, 2018

    Telecom Floats $715K Deal With Workers In OT Row

    Granite Telecommunications LLC urged a Florida federal judge Thursday to sign off on a deal settling two former sales representatives' claims that the company shorted workers on overtime pay, saying it will pay out $714,900 but admit no wrongdoing.

  • June 21, 2018

    Split 9th Circ. Ditches Own Precedent In Nu Image Union Row

    A divided Ninth Circuit ruled Wednesday that film producer Nu Image Inc. can't sue in federal court over a union contract provision requiring it to pay into health and pension funds, in a decision that pitted a U.S. Supreme Court ruling against the appeals court’s own precedent.

  • June 21, 2018

    Ex-NFLer Seeks Testimony Of Texans Owner In Injury Suit

    A former Philadelphia Eagles linebacker suing the Houston Texans over a career-ending injury on the team’s pocked and scored home field wants a court to order the Texans owner and a defensive end to sit for depositions under oath.

  • June 21, 2018

    Uber Unravels Lone Claim In Lyft Driver’s Spy Suit

    A magistrate judge in California has doubled back on her decision that largely tossed a Lyft driver’s proposed class action alleging Uber Technologies Inc. illegally tracked drivers, finding Thursday that the one claim for unfair competition she left intact should have been chucked with the rest of the suit.

  • June 21, 2018

    NYU Hospital Can't Prove Rivals Used Antitrust Tactics

    NYU Hospitals Center has made no showing of an illegal conspiracy between rival hospitals, a union and a former collective labor contracts negotiator, a New York federal judge ruled Wednesday, dismissing the hospital’s antitrust claim while allowing it to pursue allegations that it overpaid into an employee benefit fund.

  • June 21, 2018

    Jury Reaches $2.4M Decision In Booze Biz Pay Dispute

    A Dallas County, Texas, jury reached a verdict Thursday that puts two ex-executives for liquor distribution giant Glazer’s Inc. in line to receive nearly $2.4 million as a result of a company merger under a “change of control” contract provision, according to their counsel.

  • June 21, 2018

    Dealer Barred From Arbitrating Fla. City Car Contract Row

    A car dealership accused of hiring another auto seller’s employee and helping her steal a lucrative contract with the city of Tallahassee can’t participate in the arbitration between the employee and her former company, a Florida appeals court ruled in a split decision Wednesday.

  • June 21, 2018

    Design Firm Escapes Age Bias Suit Over Layoffs

    A Florida federal judge handed national architecture and engineering firm RS&H Inc. a quick win Thursday in an age discrimination collective action, finding former employees failed to provide sufficient evidence that age bias lay behind their being chosen for termination as part of company layoffs.

  • June 21, 2018

    Credit Suisse Can Arbitrate Ex-Worker's $300M Class Suit

    Credit Suisse Securities on Thursday dodged a proposed class action accusing the company of stiffing its workers on up to $300 million in deferred compensation after a California federal judge ruled that the financial adviser bringing the case was bound by an arbitration agreement.

  • June 21, 2018

    Fla. Judge Decertifies Class In Doorstep Delivery FLSA Suit

    A Florida federal judge ruled that a Doorstep Delivery driver who brought a Fair Labor Standards Act suit against the food delivery service had not shown he and his fellow drivers are similarly situated enough to warrant keeping their class certification.

  • June 21, 2018

    DOL's Fiduciary Rule's Demise Made Official By 5th Circ.

    The Fifth Circuit on Thursday closed the book on the U.S. Department of Labor’s controversial 2016 fiduciary rule, which required retirement advisers to act in the best interest of clients, issuing a mandate that officially vacates the rule three months after a divided panel invalidated it.  

  • June 21, 2018

    Union Stonewalled Disney Workers On Dues, NLRB Says

    The National Labor Relations Board on Wednesday affirmed a judge’s findings a Teamsters union local representing workers at Walt Disney World and certain Florida UPS locations obstructed workers’ efforts to resign their union memberships and stop paying dues.

  • June 21, 2018

    Pension, Discovery Deals Reached In Tops Markets Ch. 11

    Tops Markets LLC on Thursday received approval from a New York bankruptcy court for a settlement of a long-standing dispute over $184 million in pension liabilities at the same time it told the court it had reached an agreement with creditors in a discovery dispute.

  • June 21, 2018

    FedEx Can't Outrun Ex-Driver's Sexual Orientation Claims

    A Maryland federal judge has kept alive part of a former FedEx driver's suit alleging he was fired because of his sexual orientation, saying the company should have been on notice of his claim even though he referred only to sex discrimination in his charge filing with the U.S. Equal Employment Opportunity Commission.

  • June 21, 2018

    Citing 'Grave Concerns,' Judge Nixes Tesla's $1M OT Deal Bid

    A California federal judge said Thursday she would deny preliminary approval of a $1 million settlement resolving Tesla showroom workers' class action claims on overtime pay and rest breaks, saying she had "grave concerns" that the deal was not "well thought out."

  • June 21, 2018

    7th Circ. Says Ex-Housing Agency Worker's Status Is Unclear

    The Seventh Circuit reversed a lower court's decision that found an Illinois affordable housing authority properly classified a handyman as an independent contractor under the Fair Labor Standards Act, saying Wednesday the case “abounds” with factual questions about his employment status.

  • June 21, 2018

    3rd Circ. Says Ex-Ace Insurance VP Must Arbitrate Firing Case

    The Third Circuit has determined that a former Ace American Insurance Co. vice president must arbitrate his claims he was fired for telling his supervisors the company was destroying documents that might become relevant in litigation, ruling he was bound by an arbitration agreement he signed when he was hired.

  • June 21, 2018

    Constangy Boosts Offices Across US With New Attys

    Constangy Brooks Smith & Prophete LLP has expanded its offices across the country by adding a host of new attorneys, including three partners who deal with various benefits, employment and labor issues, the firm said in an announcement.

  • June 21, 2018

    Biggest Native American Rulings Of 2018: Midyear Report

    The U.S. Supreme Court handed major wins to tribes this year in cases centering on treaty rights and tribal sovereign immunity to lawsuits, but tribes have also found themselves on the wrong end of rulings that undercut tribal immunity in patent reviews and affirmed National Labor Relations Board jurisdiction over tribal casinos. Here, Law360 looks back at some of the headline-grabbing decisions in Native American law from the first half of 2018.

Expert Analysis

  • China Agritech: More Than Meets The Eye

    Erica Rutner

    There is no doubt that the U.S. Supreme Court’s decision in China Agritech v. Resh squarely precludes the viability of untimely successive class actions. But what impact might it have on the viability of timely filed successive class actions? Erica Rutner of Lash & Goldberg LLP explores the question.

  • #MeToo At Law Firms And What We Can Do About It

    Beth Schroeder.JPG

    While some may say it’s ironic, it’s also embarrassing and enraging that the very industry that offers anti-harassment training, policies and counsel now finds itself the subject of #MeToo headlines. The American Bar Association recommendation that will bring about the greatest change is the call to provide alternative methods for reporting violations, says Beth Schroeder, chair of Raines Feldman LLP's labor and employment group.

  • Careless Employee: A Company's Biggest Trade-Secret Threat

    Audra Dial

    Companies clearly believe that training programs are the most meaningful way to reduce employee carelessness when it comes to protecting corporate assets. However, as new survey results demonstrate, these training programs are not enough to combat the careless insider, says Audra Dial of Kilpatrick Townsend & Stockton LLP.

  • How Will Weinstein Co. Bankruptcy Impact Accusers?

     Matthew LaGarde

    Due to the idiosyncrasies of American bankruptcy law, The Weinstein Company's recent bankruptcy filing could cause many of Harvey Weinstein’s accusers to receive pennies on the dollar relative to what they are owed under state and federal laws prohibiting workplace sexual harassment, say Matthew LaGarde and Jessica Westerman of Katz Marshall & Banks LLP.

  • Series

    FLSA Turns 80: A Closer Look At Conditional Cert. Standard

    Sari Alamuddin

    While the adoption of the two-stage standard for collective action certification may have been born of good intention, its current interpretation strains judicial resources and forces settlement regardless of the merits of Fair Labor Standards Act litigation, say Sari Alamuddin and Allison Powers of Morgan Lewis & Bockius LLP.

  • Knowledge Lawyers Can Help Firms Stay Ahead Of The Curve

    Vanessa Pinto Villa

    In a profession notoriously averse to change, it should come as no surprise that there is skepticism about the value of having attorneys perform nonbillable tasks. But U.S. law firms have slowly begun to incorporate knowledge lawyers into their operations — and the trend is likely to continue, says Vanessa Pinto Villa of Hogan Lovells.

  • Bristol-Myers Squibb: 1 Year Later

    Adam Pollet

    In the year since the U.S. Supreme Court decided Bristol-Myers Squibb Co. v. Superior Court of California — limiting where plaintiffs can bring claims and curbing forum-shopping in mass tort litigation — courts have grappled with questions that the ruling did not address, and defendants have pursued jurisdictional defenses in class actions and federal cases that were not previously available, say attorneys with Eversheds Sutherland LLP.

  • Series

    FLSA Turns 80: The Divide Over Joint Employment Status

    Jason Schwartz

    The basic and threshold issue of who constitutes an “employer” under the Fair Labor Standards Act often has proven surprisingly difficult to resolve, especially in cases involving allegations of “joint employer” status. Over the past few decades a clear divide has developed and widened across the circuits on the proper test for determining this status, say Jason Schwartz and Ryan Stewart of Gibson Dunn & Crutcher LLP.

  • China Agritech May Have Limited Practical Effect

    Noelle Reed

    While the U.S. Supreme Court's decision in China Agritech v. Resh is clearly a win for class action defendants, one might fairly question how broad an application the decision itself may have. Its real significance likely lies in what it conveys when viewed together with the court’s other recent decisions restricting both equitable tolling and class actions, say Noelle Reed and Austin Winniford of Skadden Arps Slate Meagher & Flom LLP.

  • An Unprecedented Look Inside The FARA Unit

    Brian Fleming

    For close observers of the Foreign Agents Registration Act, the June 8 release by the U.S. Department of Justice of over 50 FARA advisory opinions was a watershed. These opinions offer an unprecedented glimpse into how the FARA Registration Unit interprets the law, say Brian Fleming and Andrew Herman of Miller & Chevalier Chtd.