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Employment

  • October 15, 2018

    3rd Circ. Upholds Hyatt Win In Banquet Wage-And-Hour Suit

    A Third Circuit panel on Friday upheld a lower court's finding that a banquet server who worked at Hyatt's four-star Bellevue Hotel couldn't prove that the hospitality giant stiffed her and others on wages and service charges.

  • October 15, 2018

    7th Circ. Revives Sex Harassment Witness' Firing Suit

    The Seventh Circuit on Monday revived a retaliation suit accusing medical equipment manufacturer Stryker of illegally firing an employee because she reported the sexual harassment of a colleague, saying there was enough evidence for a jury to decide whether her complaint led to her ouster.

  • October 15, 2018

    Texas Builder Says Subcontractor Stole Client, Poached Crew

    A Dallas-area industrial construction company has alleged in Texas state court that a former project manager fed confidential information about pricing for a petrochemical facility job to a subcontractor that stole the client and poached the crew.

  • October 15, 2018

    Uber's Negligence Led To Rider's Assault By Driver, Court Told

    A New Jersey man alleging Uber is liable for hiring a driver who assaulted him over a ride dispute told a Pennsylvania federal court Friday that the ride-hailing giant cannot dodge blame in his negligence suit and that his amended claims are fully fleshed out.

  • October 15, 2018

    In-N-Out Can Block Fight For $15 Buttons, Legal Group Says

    The Washington Legal Foundation asked the U.S. Supreme Court to take up In-N-Out Burger's request to review a National Labor Relations Board order blocking it from making workers take off buttons backing wage advocacy group Fight for $15.

  • October 15, 2018

    Historic NYC Ice Cream Parlor Served With Wage Suit

    A popular New York City ice cream parlor that first opened in 1897 got hit Monday in federal court with a wage-and-overtime suit under the Fair Labor Standards Act and state law by two ex-servers who claim the eatery didn't pay them minimum and overtime wages, among other claims.

  • October 15, 2018

    Why Is There So Much Bullying In The Legal Industry?

    Mounting evidence shows the legal industry has a serious problem with bullying and harassment, a reality that some say is caused by structural inequality, while others point to a culture of aggression.

  • October 15, 2018

    Morgan Stanley Wins Bid To Arbitrate Ex-Exec's Bias Claims

    Morgan Stanley won its bid to force arbitration of a former executive’s claims that he was fired because of past alcohol and drug abuse in violation of state anti-discrimination law after a New Jersey federal judge concluded Monday that the individual had notice of an arbitration agreement via a company email sent to him.

  • October 12, 2018

    Supreme Court Women: A Vet & 1st-Timer Talk Gender Disparity

    In exclusive on-camera interviews with Law360, the most prolific female U.S. Supreme Court advocate of the past decade and a first-timer reflect on the status of women in a field still dominated by men.

  • October 12, 2018

    Will The Future Of The Supreme Court Bar Be Female?

    While women have made significant inroads into the elite world of U.S. Supreme Court advocacy, last term the number of women arguing at the court hit a decade low. Was it an off year? Or a sign of progress stalled?

  • October 12, 2018

    Susan Estrich Bolts Quinn Emanuel For Boies Schiller

    Boies Schiller Flexner LLP has snagged as partner feminist legal scholar Susan Estrich, who has spent much of her career advocating for legal reform surrounding sexual assault while also taking heat for representing controversial figures in the #MeToo movement.

  • October 12, 2018

    Citi Says The Law Backs Arbitration Of Ex-Adviser's Bias Suit

    Citigroup Inc. urged the Second Circuit not to pull from arbitration an ex-financial adviser’s suit claiming she was demoted because she’s a woman and canned for calling out insider trading, saying it’s “beyond dispute” she agreed to arbitrate employment-related claims.

  • October 12, 2018

    Mercedes Manager Fired After Laryngectomy Awarded $5M

    A Washington federal jury on Thursday awarded nearly $5 million to a former Mercedes Benz of Seattle finance director who claims he was wrongfully fired after receiving a prosthetic voice box as a result of undergoing surgery for throat cancer.

  • October 12, 2018

    Old Dominion Skips OT For Yard Drivers, Suit Says

    A proposed collective class of yard drivers hit Old Dominion Freight Line Inc. with a wage-and-hour suit in Georgia federal court Thursday, saying the shipping company doesn’t pay them overtime and that the company’s managers told them “that’s just how it is.”

  • October 12, 2018

    O'Reilly Can Arbitrate Ex-Fox Anchor's Defamation Suit

    A New York federal judge has sent to arbitration a defamation suit accusing former Fox News anchor Bill O’Reilly of launching a smear campaign against a former anchor after it was reported that she was one of numerous women who reached settlements stemming from his alleged sexual harassment.

  • October 12, 2018

    7th Circ. Backs Rehiring Of Worker Fired For Stored Gun

    Ameren Corp.’s Illinois unit must rehire a worker it fired for having a gun stored in his truck on company property, the Seventh Circuit ruled Friday, saying a trial court wrongly ruled that an arbitrator shouldn’t have taken the state’s concealed carry law into account when he issued an award reinstating the worker.

  • October 12, 2018

    Edge Fitness Strikes $566K Deal With Workers In OT Suit

    A former Edge Fitness employee on Thursday asked a Connecticut federal judge to approve a more than $566,000 settlement of her putative class action claiming the company underpaid her and others for overtime.

  • October 12, 2018

    7th Circ. Backs Pearson In Severance Pay Sex Bias Case

    A Seventh Circuit panel found Friday that a lower court didn’t drop the ball when it gave Pearson Education Inc. a quick win on a female former employee’s claim that three men were allowed to resign with severance when she wasn’t given the opportunity.

  • October 12, 2018

    Cabela's Tries To Stop Ex-Employees' E-Commerce Startup

    Sporting goods retailer Cabela’s told a Delaware Chancery Court judge in a brief made public late Thursday that a group of former employees should be stopped from launching a new online retail enterprise because it violates their employment agreements.

  • October 12, 2018

    Schneider Drivers Seek Final OK Of $5.75M Deal In Wage Row

    A certified class of truck drivers has asked a Washington federal judge to sign off on a $5.75 million settlement ending claims that Schneider National Carriers Inc. shorted their pay, a deal that would include $1.44 million in attorneys' fees. 

Expert Analysis

  • Does Rule 45 Protect Nonparties From Undue Burden?

    Matthew Hamilton

    Interpretations of Rule 45 protections vary but what's clear is that "undue burden" does not mean no burden at all. To avoid the costs of compliance with a subpoena, a nonparty should be ready to demonstrate its disinterest in the litigation and the anticipated cost and burden of compliance, say attorneys at Pepper Hamilton LLP.

  • Classification Confusion For Transportation Cos. At 9th Circ.

    Bradford Hughes

    Following the Ninth Circuit's recent decision in California Trucking Association v. Su, transportation companies across California are left wondering what standard will be applied to determine whether an independent contractor is an employee, says Bradford Hughes of Clark Hill PLC.

  • A Closer Look At OFCCP's New Compensation Directive

    Joanna Colosimo

    Although the Office of Federal Contract Compliance Programs' recently released compensation directive appears to be more transparent than its 2013 directive, there are components that do not align with some basic pay equity analytical principles, say Joanna Colosimo and David Cohen of DCI Consulting Inc.

  • Empowering ESOPS: Effective Moves To Employee Ownership

    Lise Stewart

    The Main Street Employee Ownership Act of 2018 has been heralded as a breakthrough in extending the benefits of employee stock ownership plans, or ESOPs, to more small business owners and employees. But for the new law to be truly effective, certain ingredients will be essential, says Lisë Stewart of EisnerAmper LLP.

  • 3 Key Employment Law Issues To Keep An Eye On

    Lovita Tandy

    Employment lawyers dare not turn away from their news feeds lest they miss the next critical case law update. Lovita Tandy of Tandy Legal and Bonnie Burke of Lawrence & Bundy LLC review the latest on sexual orientation discrimination, employee arbitration agreements and joint employer liability.

  • Inside New Staff Requirements Under French Employment Law

    Julien Haure

    Companies implemented in France, even when owned by foreign investors, are now obligated to hold organized elections for the creation of a new staff representative body, referred to as the Social and Economic Council. Failure to do so is deemed a criminal offense, says Julien Haure and Marine Hamon of Mayer Brown LLP.

  • How Corporate Reputation Risk Is Exacerbating D&O Liability

    Nir Kossovsky

    At a time when the materiality of corporate reputation risk is widely recognized, but institutional safeguards against that risk are not, what are the implications for directors and officers? The current state of play is not comforting, says Nir Kossovsky of Steel City Re.

  • DOL Gifts Employers Advice On Unique FMLA, FLSA Issues

    Alex Aguilera

    Specific guidance on how employers should handle gray areas in the law can be of great importance, especially in extremely unique situations. Alex Aguilera of Seyferth Blumenthal & Harris LLC offers insights on six opinion letters recently released by the U.S. Department of Labor to help employers navigate tricky Family and Medical Leave Act and Fair Labor Standards Act issues.

  • 5 More GC Tips For Succeeding As A New Associate

    Jason Idilbi

    Jason Idilbi, former BigLaw associate and general counsel of the tech startup Passport Labs Inc., returns to Law360 to share recent thoughts on best practices for newer associates — whether they are serving external clients or senior attorneys within their firms.

  • Series

    Judging A Book: Block Reviews 'Tough Cases'

    Judge Frederic Block

    In a new, extraordinary book, "Tough Cases: Judges Tell the Stories of Some of the Hardest Decisions They’ve Ever Made," 13 of my judicial brethren have courageously and dramatically humanized the judicial process, says U.S. District Judge Frederic Block of the Eastern District of New York.