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Employment

  • January 15, 2019

    Subcontractor Deals Outside Union's Purview: NLRB Memo

    The National Labor Relations Board general counsel’s office unveiled a trio of advice memorandums on Monday, finding in one that an energy company could start enforcing a nonsolicitation clause that prevented subcontractors from hiring its workers for six months without first bargaining with the union that represented them.

  • January 15, 2019

    Walgreen, Equity Co. Can't Dodge Doctor's Work Bias Suit

    Walgreen Co. and a Chicago private equity investment company must face a woman’s lawsuit claiming they wrongfully fired her from a business she helped create and they now own because they held substantial control over her working conditions, an Illinois federal judge held Tuesday.

  • January 15, 2019

    Barnes & Thornburg Adds 3 Partners To Dallas Office

    Barnes & Thornburg LLP has announced the addition of three new partners to its Dallas office, allowing the firm to continue strengthening its corporate litigation, intellectual property, and labor and employment practices.

  • January 15, 2019

    Dems' $15 Minimum Wage Push Tees Up Pitched Battle

    Congressional Democrats are planning to introduce legislation Wednesday that would lift the federal minimum wage to $15 by 2024, setting the stage for what could be a protracted battle over where the national wage floor should be. Could the ensuing debate on Capitol Hill lead to the first federal minimum wage increase in a decade?

  • January 15, 2019

    US Trustee Rips Bankrupt Makeup Co.'s $1.4M Exec Bonus Bid

    The U.S. Trustee’s Office on Tuesday asked a New York bankruptcy court to deny cosmetics maker Glansaol Holdings Inc.’s request to pay up to $1.4 million in executive bonuses, saying there was no proof the goals are a stretch or that bonuses won’t be going to insiders.

  • January 15, 2019

    Female Drivers' Class Decertified In Sex Harassment Fight

    An Iowa federal judge on Tuesday decertified a class of female CRST Expedited Inc. drivers who have alleged the trucking company maintained practices that resulted in them enduring a hostile work environment based on their sex, while also agreeing to toss a retaliation claim.

  • January 15, 2019

    Barr Walks Back Anti-False Claims Act Whistleblower Views

    U.S. attorney general nominee William Barr on Tuesday walked back previous comments about the False Claims Act's whistleblower provisions' being an "abomination" and unconstitutional, saying he would "diligently enforce" the law if confirmed to lead the U.S. Department of Justice.

  • January 15, 2019

    Chancery Serves Papa John's Founder Access To Co. Records

    The Delaware chancellor ruled Tuesday that Papa John’s International Inc. founder and former CEO John Schnatter should be given records he requested over what he contends was his unfair ouster and the company’s improper handling of backlash over alleged racist comments he made about the NFL’s handling of national anthem protests.

  • January 15, 2019

    Ex-Facebook Employee Fights Bid To Nix Overtime Pay Suit

    A former Facebook sales employee has urged an Illinois federal court to reject the social media giant's bid for a quick win in her suit claiming the company uniformly misclassified its workers and illegally deprived them of overtime pay to save on labor costs.

  • January 15, 2019

    Truck Body Maker Tries To Nix Workers' Rest Break Suit

    A truck body manufacturer accused in a proposed class action of failing to provide employees with required work breaks contended in California federal court Monday the suit should be tossed, saying just because employees must stay on-premises, it does not mean that their 10-minute rest periods under state labor laws are being violated.

  • January 15, 2019

    UberBlack Drivers Ask 3rd Circ. To Revive Wage Suit

    A proposed class of Philadelphia-area UberBlack limo drivers asked the Third Circuit to revive their suit accusing Uber Technologies Inc. of violating state and federal labor laws, saying a district court prematurely determined they were independent contractors and not employees entitled to minimum and overtime wages.

  • January 15, 2019

    In Win For Workers, Justices Nix Trucking Co. Arbitration Bid

    The U.S. Supreme Court ruled Tuesday that trucking company New Prime Inc. cannot compel arbitration in a class action alleging it failed to pay independent contractor truck-driver apprentices the proper minimum wage, saying transportation workers engaged in interstate commerce, including those classified as independent contractors, are exempt from the Federal Arbitration Act.

  • January 14, 2019

    Former Chiefs Player's Ex-Wife Can't Join Head Injuries Suit

    The ex-wife of former NFL player Joe Phillips can’t join a suit against the Kansas City Chiefs that was settled late last year, a Philadelphia federal court ruled Monday, finding the request is both too late and barred by the broader 2015 concussion settlement.

  • January 14, 2019

    Vote Against Union At Railway Co. Should Stand: NLRB Judge

    A National Labor Relations Board judge has held that a 55-54 vote against unionization at a railroad tank car company should be certified even though there were National Labor Relations Act violations before the election, finding that it was "virtually impossible" to conclude the breaches influenced the results.

  • January 14, 2019

    Devout Dishwasher Fired For Resting Sundays Wins $21.5M

    A Florida federal jury on Monday handed down a $21.5 million verdict against Park Hotels & Resort, formerly known as Hilton Worldwide Inc., in a suit brought by a dishwasher alleging religious discrimination when she was fired after refusing to work on a Sunday.

  • January 14, 2019

    What Noncompete Lawyers Ought To Be Watching In 2019

    Attorneys who handle restrictive covenants will be following a handful of cases and open legal questions as the new year progresses, including a series of suits challenging no-poach agreements and an anticipated wave of litigation over Massachusetts’ new noncompete law. Here, Law360 breaks down what lawyers will be keeping an eye on.

  • 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.

Expert Analysis

  • Opinion

    A Call To Permit Judicial Substitution In MDL Proceedings

    Doug Smith

    While several proposed changes to multidistrict litigation procedures may be warranted and appropriate, consideration should be given to a modest modification of the judicial selection process, says Doug Smith of Kirkland & Ellis LLP.

  • Guest Feature

    Judge Weinstein On Activism, Gobbledegook, Going Robeless

    Judge Jack Weinstein

    Judge Jack Weinstein has served in the Eastern District of New York for over half a century. White and Williams LLP attorney Randy Maniloff visited his Brooklyn office to find out what makes the 97-year-old jurist tick.

  • Tips For Employers As EEOC Targets Hearing Disabilities

    Lynn Kappelman

    A recent U.S. Equal Employment Opportunity Commission enforcement action against Walmart is one of many cases alleging an employer failed to adequately accommodate its employee’s hearing disability, indicating employers should take a proactive approach toward Americans with Disabilities Act compliance, say attorneys with Seyfarth Shaw LLP.

  • 3 Steps To Closing The Gender Gap In Esports

    Aaron Swerdlow

    With global esports revenue expected to exceed $1 billion in 2019 and the recent launch of two high-profile professional leagues, the male-dominated industry must work to create an environment where women are equally empowered to succeed, says Aaron Swerdlow of Glaser Weil Fink Howard Avchen & Shapiro LLP.

  • What To Expect From Technology-Assisted Review In 2019

    Thomas Gricks

    2018 will be remembered as a transition year for technology-assisted review, and 2019 will likely see a continued focus on how we use TAR, with refinement and expansion across the board, says Thomas Gricks of Catalyst Repository Systems LLC.

  • Tipping Is The New Wage-And-Hour Battlefield

    Laurent Badoux

    In a recent opinion letter, the U.S. Department of Labor noted that two appellate court opinions endorsing the so-called 20 percent rule for tipped employees were not beneficial and set new guidelines. Laurent Badoux of Buchalter PC examines the clash between the appellate rulings and the DOL's determination.

  • Assessing The Effect Of Mergers On Labor Markets

    Jee-Yeon Lehmann

    There is a growing debate over how to approach the analysis of a potential merger’s labor market effects. A new Harvard Law Review article suggests that the antitrust agencies can easily rely on the tools that are already used to analyze merger effects in product markets, say members of Analysis Group Inc.

  • 2019 Will Bring More Good News For Litigation Finance

    Alan Guy

    Last year saw another round of year-over-year growth in litigation finance, as debates shifted from whether it should be permitted to how it can best be managed. The exciting news, says Alan Guy of Vannin Capital PCC, is that 2019 seems likely to bring more of the same.

  • 3 Elements Key To Success Of Recent Overtime Claims

    Andrew Melzer

    Strauch v. Computer Sciences — a recent wage-and-hour class action in a Connecticut federal court — is an example of a successful challenge to an employer’s classification policies, involving good facts and a judge and jury willing to embrace a deeper analysis, says Andrew Melzer of Sanford Heisler Sharp LLP.

  • Why More Law Firms Will Embrace Remote Work In 2019

    Tomas Suros

    Leveraging technology in a fiercely competitive market is a key factor driving law firms toward technology adoption in 2019, as they face growing demand from legal talent and clients for the ability to connect, access and control information whenever and wherever needed, says Tomas Suros of tech provider AbacusNext.