Employment

  • December 12, 2017

    Liberty Tax CEO Hit With Derivative Suit After Termination

    Shareholders of tax preparation service provider Liberty Tax Inc. hit the company's former CEO with a derivative suit in Delaware on Monday, saying that since his firing over allegations of sexual misconduct in September, he has been trying to maintain control of the company by firing uncooperative directors.

  • December 12, 2017

    L'Oreal Must Face IP Atty's Suit Over Frivolous-Patent Fears

    A New Jersey federal judge on Tuesday gave a former L’Oreal lawyer one more chance to serve his wrongful termination suit on the company, keeping alive his claims he was fired over his concerns the cosmetics giant was forcing him to file frivolous patent applications on the company’s behalf.

  • December 12, 2017

    MoFo, Boies Attys To Answer Waymo Queries In Uber IP Suit

    Attorneys from Morrison & Foerster LLP and Boies Schiller Flexner LLP will answer select written questions in Waymo’s lawsuit accusing Uber of stealing self-driving trade secrets after Uber objected to their depositions on the heels of a trial postponement over allegedly withheld evidence, according to an order filed in California federal court on Tuesday. 

  • December 12, 2017

    Verizon Legally Fired Worker With Bad Heart, Judge Says

    Verizon did not illegally fire a worker with a heart condition because of his disability, a New Jersey federal judge ruled Monday, saying that the company had a legitimate reason for terminating him after he attempted to conceal his condition during required medical examinations.

  • December 12, 2017

    Spa Worker Must Arbitrate Claims Over Rape Allegation

    A spa facialist who worked onboard a Princess Cruise Lines ship must arbitrate her claim against her spa company employer over an alleged rape that took place while she was off-duty, although her claims against the cruise line can remain in court, a Florida federal judge ruled Tuesday.

  • December 12, 2017

    Pier 1 Imports' $3.5M 'Flex Shift' Deal Gets Initial OK

    A California federal judge on Monday approved class certification for employees of Pier 1 Imports, simultaneously granting preliminary approval of a $3.5 million settlement that reimburses them for hours they spent working without pay while checking in to find out if they had to work a "flex shift."

  • December 12, 2017

    NLRB Member Signals Shift On Grad Students As 'Employees'

    Republican National Labor Relations Board member Bill Emanuel said in an unpublished order on Tuesday that the board should review its 2016 ruling letting graduate student workers at private schools unionize, a day after the board’s new GOP majority issued its first decision overturning an Obama administration ruling.

  • December 12, 2017

    Professor Alleging Sandy Hook Hoax Loses Suit Over Firing

    A former Florida Atlantic University professor lost his wrongful termination suit against the university on Monday after a jury decided FAU did not violate his speech rights when it fired him after learning of his blog, in which he said the Sandy Hook Elementary School shooting was a hoax.

  • December 12, 2017

    Calif. Panel 'Mystified' By Class Expert's Nix In Wage Suit

    A California appeals court was “somewhat mystified” by a trial judge's exclusion of expert evidence in support of certifying a class of janitors in a wage and hour suit against ABM Industries Inc., ruling Monday that certification was wrongly denied.

  • December 12, 2017

    White House Taps Feldblum For Fresh Term At EEOC

    President Donald Trump has tapped the U.S. Equal Employment Opportunity Commission’s Chai Feldblum, the agency’s first openly lesbian commissioner, to serve a third term, which would extend her tenure at the anti-bias watchdog to the summer of 2023, the White House said Monday.

  • December 12, 2017

    McCormick & Schmick's Workers Sue For Sexual Harassment

    Five Latina women who have worked in low-wage positions at McCormick & Schmick’s restaurant in Boston's Faneuil Hall accused the company of discrimination in a lawsuit filed in Massachusetts state court on Tuesday, saying they were consistently sexually harassed on the job.

  • December 12, 2017

    NY Catering Hall Hit With Forced Labor, Visa Fraud Charges

    Two men in Long Island, New York, who allegedly lured Filipino immigrants to the United States with false promises of good jobs in the hospitality business only to force them to work for substandard wages at a catering hall now face charges of forced labor and visa fraud, the federal government said on Monday.

  • December 12, 2017

    H-2B Workers Strike Deal In Wage Row At 4th Circ.

    Two temporary guest workers reached a settlement with their employer in a proposed class action over complex government prevailing wage regulations for the H-2B visa program, according to a letter filed Monday in the Fourth Circuit.

  • December 12, 2017

    DOL Extends Comment Deadline On Tip Pool Rollback

    The U.S. Department of Labor has extended a deadline for comments on its proposal to let hospitality employers redistribute workers’ tips if they pay at least minimum wage, after lawmakers and workers’ advocates called on the agency to give stakeholders more time to weigh in.

  • December 12, 2017

    Gov't Asks DC Circ. To Let Trans Military Ban Take Effect

    The federal government asked the D.C. Circuit late Monday for an emergency stay against an injunction blocking a Trump administration policy that bars transgender people from enlisting in the military, hours after a district court refused a similar request.

  • December 12, 2017

    NLRB Seeks Public Input On Merits Of Union Election Rule

    The National Labor Relations Board’s three-member Republican majority asked for public input on Tuesday over whether it should scrap a nearly 3-year-old rule that updated the process for union representation elections, with the board’s two dissenting members saying the request wasn’t properly justified. 

  • December 12, 2017

    3rd Circ. Urged To Revive SEPTA Background Check Suit

    The Third Circuit was urged during oral arguments on Tuesday to revive class claims accusing the Southeastern Pennsylvania Transportation Authority of failing to provide job applicants with a chance to respond to consumer reports detailing criminal histories that the agency said disqualified them from employment.

  • December 12, 2017

    MVP: Seyfarth's Jon Meer

    Seyfarth Shaw LLP’s Jon Meer has secured numerous victories for companies in wage-related class actions recently, including a significant win in a “bag check” case for shoe giant Nike, earning him a spot on Law360’s list of 2017 Employment MVPs.

  • December 11, 2017

    What Your Colleagues Think Of Litigation Finance

    We asked, and you answered. Here are the results of Law360’s inaugural survey on third-party legal funding.

  • December 11, 2017

    Has Litigation Finance Shed Its Stigma?

    Once a taboo topic in the halls of BigLaw, litigation finance is winning over converts. And the peer pressure is building for rival law firms to join the bandwagon.

Expert Analysis

  • Top 10 Whistleblowing And Retaliation Events Of 2017

    Steven Pearlman

    The past year saw an aggressive approach to whistleblowing and retaliation actions by the plaintiffs bar and the U.S. Securities and Exchange Commission alike. Steven Pearlman and Edward Young of Proskauer Rose LLP examine the most impactful developments of 2017.

  • 5 Things US Cos. Should Know About Labor Reform In France

    Severine Martel

    The French government recently unveiled administrative orders setting out details of the reform aiming to revise French employment law. Now, with 2018 upon us, U.S. companies operating businesses in France need to be prepared for the implementation of those changes, say Severine Martel and Marie Brunot of Reed Smith LLP.

  • Opinion

    Trump's Contraception Rules Suffer From Fatal Legal Flaws

    Nancy Northup

    As the comment period comes to a close Tuesday for the Trump administration’s interim final rules on contraception, the administration will start preparing final regulations — risking access to birth control coverage under the Affordable Care Act for thousands of women, says Nancy Northup, CEO of the Center for Reproductive Rights.

  • Trump’s 'Buy American' Order Already Packs A Punch

    Howard Roth

    The secretary of commerce report on the "Buy American and Hire American" executive order was due at the White House on Nov. 24. Though the report is not yet public, it is in the foreground of the debate on legislative and regulatory actions, and it is changing the landscape for many organizations, says Howard Roth of Oles Morrison Rinker & Baker LLP.

  • The Derivative Risks Of Sexual Misconduct Allegations

    Kevin LaCroix

    The recent derivative lawsuit against Twenty-First Century Fox and its $90 million settlement — likely among the 10 largest derivative settlements — show that the current, ongoing revelations of sexual misconduct represent more than just a risk for the bad actors, says Kevin LaCroix of RT ProExec.

  • 6 New Calif. Employment Laws To Know In 2018

    Julia Trankiem

    The past several years have been particularly active in the California Legislature, in both creating new rights and responsibilities under state employment law and amending and expanding existing workplace mandates. The 2017 legislative session was no different, and brought about some considerable changes that will dramatically affect many employers’ practices, say attorneys with Reed Smith LLP.

  • The Billing Evolution: How Far Along Is Your Firm?

    Sharon Quaintance

    In a recent study, 20 out of 25 law firms surveyed have made billing process improvement a top priority for 2018. Firms can foster consistency and increase efficiency at all stages of their billing cycle by focusing on a few specific procedures, say Sharon Quaintance and Christine Indiano at HBR Consulting.

  • Series

    What I Learned In My 1st Year: Seeing The Big Picture

    John Bartlett.jpg

    When I started at the law firm where I still practice today, I discovered that very often the task at hand required not my razor-sharp analysis of the law, but my ability to read the motivations and meet the needs and expectations of actual human beings — whether through intellect, instinct, intuition or personal experience, says John Bartlett of Stites & Harbison PLLC.

  • Avoiding A Liability-Induced Holiday Party Hangover

    Christine Samsel

    Office holiday parties can boost employee morale and demonstrate employee appreciation. However, there are inherent risks that come with any company-sponsored party, particularly during the holidays and when inhibitions are lowered with alcohol and a festive atmosphere, say Christine Samsel and Hannah Caplan of Brownstein Hyatt Farber Schreck LLP.

  • Insights On Article III Standing Under Ill. Biometrics Law

    Molly DiRago

    Last week the Second Circuit, in Santana v. Take-Two Interactive Software, affirmed the lower court’s decision that the plaintiffs lacked Article III standing to assert a claim under Illinois’ Biometric Information Protection Act, creating an apparent divide between plaintiffs who have voluntarily provided their biometric data and those who have not, say Molly DiRago and Mark Mao of Troutman Sanders LLP.