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Employment

  • August 13, 2018

    Cruise Line Partly Escapes Suit Over Child's Sex Assault

    Norwegian Cruise Line has ducked a negligence claim in Florida federal court in a suit over a 12-year-old girl's alleged sexual assault by an employee who used his master key to enter her cabin, with the judge saying the plaintiffs failed to state a claim for negligent hiring, retention, monitoring and supervising.

  • August 13, 2018

    Ed. Dept. Beats Worker's Suit Over Scent Accommodation

    The U.S. Department of Education didn't discriminate against an IT worker who suffered from an olfactory condition that caused her to feel ill around certain perfumes and fragrances, a D.C. federal judge ruled Monday, saying the agency gave her an air filter and mask in a timely manner.

  • August 13, 2018

    Ex-ESPN Analyst Hits Back With Her Own Sanctions Request

    A former ESPN legal analyst suing for sexual harassment told a Connecticut federal court Monday that the network should be sanctioned for its motion to sanction her for claiming ESPN harassed her with fake Twitter accounts, calling the motion a baseless abuse of process.

  • August 13, 2018

    Calif. Panel Nixes WinCo Foods Meal Break Suit

    A California state appellate court on Monday upheld the dismissal of a proposed class action accusing supermarket chain WinCo Foods LLC of stiffing hourly workers at a California location of some meal breaks, saying the parties legally waived breaks for certain shifts in a collective bargaining agreement.

  • August 13, 2018

    Hospice Urges High Court To Avoid FCA Pleading Dispute

    A Florida-based hospice chain Monday pressed the U.S. Supreme Court to avoid wading into a long-simmering dispute over how precisely False Claims Act suits must be pled, asserting that a circuit split on the issue has mostly evaporated.

  • August 13, 2018

    Lululemon Workers Poised To Get Cert. In FLSA Suit

    A New York federal magistrate judge Monday recommended the court certify a class of employees in a suit alleging fitness wear retailer Lululemon does not pay them for hours spent on mandatory community outreach and administrative work.

  • August 13, 2018

    Wells Fargo Worker Lacked Proof Of Age Bias: 8th Circ.

    The estate of a Wells Fargo worker fired after a past fraud conviction came to light did not show that the company’s implementation of a federal bar on employing those convicted of crimes of “dishonesty” violates federal age bias law, the Eighth Circuit said Monday.

  • August 13, 2018

    Ex-Union Boss Like 'Con Man' Cooperator, Bribery Jury Hears

    Counsel for Norman Seabrook, the former labor boss accused of steering $20 million of union capital to a now-bankrupt hedge fund for a $60,000 bribe, told a Manhattan jury Monday that a key government witness is a “con man” who can't be trusted, but a prosecutor said both men are “cut from the same cloth.”

  • August 13, 2018

    2 Classes Cut From Dassault Overtime Collective Action

    An Arkansas federal judge on Monday trimmed two of three classes from a collective action accusing a Dassault Aviation business jet unit of wrongly classifying workers as overtime exempt, finding that the circumstances of those workers weren’t similar enough to justify moving forward collectively.

  • August 13, 2018

    Atty Sanctioned 2nd Time Over Bogus Sexual Harassment Suit

    An attorney already facing sanctions for leveling false claims of sexual harassment in a client's suit was ordered on Monday to pay another $20,000 in the same case after an Illinois federal judge said the attorney continued to litigate against someone he knew was not involved.

  • August 13, 2018

    Gay Bias Split Too Recent For Justices' Review, County Says

    A Georgia county accused of firing a gay man because of his sexual orientation urged the U.S. Supreme Court on Friday to decline review of an Eleventh Circuit ruling ending the man's suit and instead let the country's appeals courts work through a fresh divide over whether federal law bars discrimination against gay workers.

  • August 13, 2018

    Ex-Northwestern Hoops Player Drops Transfer Rule Suit

    A former college basketball player suing the NCAA for killing his career with its “year in residence” rule after he was allegedly forced off Northwestern University’s team has dropped his suit, a move that comes roughly a month after the Seventh Circuit upheld that rule in another case.

  • August 13, 2018

    Texas Enviro Agency Can't Escape Age And Race Bias Suit

    A Texas federal judge ruled Monday that the Texas Commission on Environmental Quality must face a suit accusing one of its department directors of age and race discrimination, writing that a former hydrologist presented enough questions of fact for the case to survive summary judgment.

  • August 13, 2018

    8th Circ. Says BNSF Suit Against Seat Maker Not Preempted

    The Eighth Circuit on Monday revived BNSF Railway Co.'s breach-of-contract suit alleging Seats Inc. should be on the hook for payments to an engineer who suffered career-ending injuries from the manufacturer's allegedly defective locomotive seats, saying the railroad giant's claims are not preempted by federal law.

  • August 13, 2018

    Judge Rips Tata's 'Hail Mary' Bid In Discrimination Suit

    A California federal judge on Friday rebuffed Tata Consultancy Services Ltd.’s attempt to chop away at a class action accusing the information technology company of discriminating against non-South Asian employees, calling it "a Hail Mary effort at limiting the scope of relief" months before trial.

  • August 13, 2018

    Construction Worker's Asbestos Suit Revived By Ill. Court

    An Illinois appeals court has reinstated an injury suit claiming two companies share responsibility for a construction worker's lung cancer after entering into conspiracies to conceal the dangers of asbestos, saying Friday that a lower court was wrong to end the suit while facts were in dispute.

  • August 13, 2018

    Texas School District Wants Sex Discrimination Suit Tossed

    A Texas school district has asked a Texas federal court to dismiss a suit from a teacher alleging she was discriminated against for being a lesbian, saying her allegations lacked a factual basis and sexual orientation is not a protected class.

  • August 13, 2018

    Oil And Gas Co. Denied New Trials Over Workers' OT Awards

    A Pennsylvania federal judge turned down an oil and gas contractor's bid for do-overs on a pair of trials that awarded two groups of workers $1 million in back pay for overtime in addition to the sizable per-job bonuses the company already gave them.

  • August 13, 2018

    Winery Can't Ban 'Cellar Lives Matter' Vest, NLRB Judge Says

    Woodbridge Winery violated federal labor law when it barred an employee from wearing a safety vest adorned with the slogan “Cellar Lives Matter,” since it was connected to union activity and wasn't offensive, a National Labor Relations Board judge ruled.  

  • August 13, 2018

    11th Circ. Tosses Atty Sanction In Trucking Co. OT Case

    The Eleventh Circuit on Friday threw out a sanction for a Miami Beach lawyer and his client stemming from a trucking company overtime pay case, saying a decision last fall about conflicting positions taken by a litigant in separate judicial proceedings called for a reversal.

Expert Analysis

  • FCPA Liability For Hiring Practices Gains New Credence

    Bruce Searby

    The U.S. Department of Justice and the U.S. Securities and Exchange Commission have stood by an expansive theory of anti-bribery liability under the Foreign Corrupt Practices Act for corrupt hiring schemes. After the recent Credit Suisse resolutions, the theory appears to be here to stay, says Bruce Searby, a partner at Searby LLP and a former federal prosecutor.

  • Employer Lessons In Dealing With FCRA Disclosure Claims

    David Anthony

    An Oregon federal court's recent decision in Walker v. Fred Meyer highlights several key lessons associated with Fair Credit Reporting Act class actions, particularly related to the disclosures employers must provide to prospective employees, say attorneys with Troutman Sanders LLP.

  • Opinion

    Law360's Global 20 Doesn't Acknowledge Global Networks

    Glenn Cunningham

    While I read with interest Law360's report analyzing the top 20 global law firms of 2018, I also noticed it doesn't tell the whole story. Global networks of independent law firms compare favorably with multinational firms in terms of geographic coverage, legal expertise, and awareness of local cultures and customs, says Glenn Cunningham of Interlaw Ltd.

  • Ensure All Relevant Parties Sign Arbitration Agreement

    Michael Cypers

    A California appellate court's decision in Benaroya v. Bruce Willis is one of several recent decisions teaching that if you want the ability to arbitrate against the key individuals in your counterparty, those individuals should be signatories to the arbitration clause in the underlying deal documents, say Michael Cypers and Michael Gerst of Glaser Weil Fink Howard Avchen & Shapiro LLP.

  • USCIS Memo Could Change Employment-Based Immigration

    David Serwer

    Buried in the middle of U.S. Citizenship and Immigration Services' recent 11-page memorandum is a single sentence that would put a whole new population of people in removal proceedings as the result of the denial of certain extension requests, say David Serwer and Matthew Gorman of Baker & McKenzie LLP.

  • Distracted Driving Laws And How Employers Should Respond

    Alison Loy

    A few weeks ago, Georgia became the 16th state to ban the use of a handheld cellphone while driving. These laws bring considerations for employers, who can be held liable for accidents caused by employees acting within the scope of their employment when the accident occurred, say Alison Loy and Marilyn Fish of Bryan Cave Leighton Paisner LLP.

  • Suddenly, ALJs Become Political Appointees

    Brian Casey

    Less than three weeks after the U.S. Supreme Court decided Lucia v. Securities and Exchange Commission, President Donald Trump signed an executive order applying the court’s rationale in Lucia to the hiring — and firing — of all administrative law judges in the federal government, making them entirely beholden to the heads of their agencies or the president for their jobs, says Brian Casey of Barnes & Thornburg LLP.

  • Employers Can Prepare For New Colo. Data Privacy Law

    Dustin Berger

    Thanks to new legislation recently signed into law by Colorado Gov. John Hickenlooper, organizations that employ workers in the state will soon face more stringent data privacy requirements. Dustin Berger of Holland & Hart LLP reviews key elements of the new requirements and steps employers should take to comply.

  • Incentive Plans And Shareholder Approval After Tax Reform

    William Woolston

    Among the many questions companies face following last year's tax reform is whether to continue seeking periodic shareholder approval for the performance criteria under executive compensation plans, despite elimination of the incentive of a corporate tax deduction. But even if it no longer results in a deduction, there may be other reasons why companies might opt to continue seeking shareholder approval, say William Woolston and Megan Woodford of Covington & Burling LLP.

  • Protecting Employee Benefit Plans With Cyber Insurance

    Laura Fischer

    Employment benefit plans rely on a variety of service providers to administer benefits, making them vulnerable to cyberattacks. Plan sponsors should ensure that their employee benefit plans have as many levels of protection as possible, including fiduciary liability insurance, fidelity bonds and cyber liability insurance, says Laura Fischer of Spencer Fane LLP.