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Employment

  • August 13, 2018

    EEOC Hits DOE's Fermilab With Sex Discrimination Suit

    The U.S. Equal Employment Opportunity Commission on Monday filed a complaint in Illinois federal court against the U.S. Department of Energy's Fermi National Accelerator Laboratory on behalf of a woman who the commission says was passed over for a promotion after complaining about sexually discriminatory treatment.

  • August 13, 2018

    1st Circ. Revives Maine Univ. Prof's Sexual Harassment Row

    The First Circuit said a genuine factual dispute should partially revive a lawsuit brought by a Maine professor who said she was retaliated against after filing a complaint saying she was sexually harassed by her supervisor in the exercise and sport performance department, according to a published opinion Friday.

  • August 13, 2018

    Proskauer, Partner Agree To End Pay Equity Suit

    Proskauer Rose LLP and a female partner have agreed to end her $50 million sex discrimination suit alleging that the firm pays her less than her male colleagues and threatened to fire her when she complained.

  • August 10, 2018

    How The Legal Industry Lets Down Lawyers With Disabilities

    The dissolution of a five-year-old bar group marks the latest setback for disabled attorneys, who often find little support while navigating an inhospitable industry.

  • August 10, 2018

    Gaining Access: Disabled Lawyers Share Their Stories

    In a series of interviews, lawyers tell Law360 how even well-intentioned professors can create barriers, how inclusivity can help a firm’s litigation prowess, and how “inspirational” can be a dirty word.

  • August 10, 2018

    Restaurants Imposed 'Tax' To Steal Servers' Tips, Suit Says

    Three Italian restaurants in southwestern New Jersey were hit Thursday with a putative class action in state court alleging their owners and operators routinely stole tips from servers through a policy known as the “Coppola Tax,” named after the family behind the businesses.

  • August 10, 2018

    Entire Mass. Earned Sick Time Law Is Preempted, Court Rules

    A Massachusetts federal judge ruled Friday that the state’s entire Earned Sick Time Law is preempted by the federal Railroad Unemployment Insurance Act and cannot be enforced against railroads, expanding an appellate court’s ruling that found only one section covering just a worker’s own sick leave was preempted.

  • August 10, 2018

    DOL, NJ Ink Deal To Crack Down On Worker Misclassification

    The U.S. Department of Labor and the New Jersey Department of Labor and Workforce Development signed a cooperation agreement Friday to crack down on the misclassification of workers as independent contractors by employers in the Garden State.  

  • August 10, 2018

    Insurer Won't Cover Bias Suit Over Employee's Breast Cancer

    Allied World Specialty Insurance Co. sued rent-to-own chain Aaron’s Sale & Lease in Illinois federal court Friday, saying a former employee’s discrimination suit over a breast cancer-related disability cannot be covered because the notice came too late.

  • August 10, 2018

    Hospital Workers Could Picket By Entrance, DC Circ. Affirms

    The National Labor Relations Board did not overstep with its finding that off-duty workers at a Washington state hospital were protected by federal labor law when they moved a picket from a nearby sidewalk to the facility entrance, a D.C. Circuit panel said Friday.

  • August 10, 2018

    Nike Sued Over Sex Bias, Ignoring Harassment Complaints

    Several female former Nike employees filed a proposed class action Thursday that alleges the sports apparel giant systematically pays women less than their male counterparts, holds them back from promotions and gives short shrift to their complaints of sexual misbehavior.

  • August 10, 2018

    USPS Gets Jury Win In Retirement Row Seen By High Court

    A Colorado jury has cleared the U.S. Postal Service of an ex-postmaster’s allegations that the agency forced him into retirement because he had complained of racial discrimination, after the U.S. Supreme Court had revived the suit.

  • August 10, 2018

    Atty Referred Case Against Client To His Dad, Suit Says

    A Chicago attorney hired to defend a woman and her employer, a litigation finance company, referred a separate lawsuit filed by the company against the woman to his dad and shared privileged information that undercut her interests, according to a lawsuit filed Thursday in Illinois state court.

  • August 10, 2018

    Labor Dept. Wants Religious Freedom Focus In Bias Probes

    The U.S. Department of Labor office that monitors federal contractors for discrimination told its staff on Friday to factor into their work recent executive orders and court rulings on religious freedom and announced plans for narrower reviews targeting the specific types of discrimination it is tasked with rooting out.

  • August 10, 2018

    Apollo Global, HR Co. Cut $3M Deal In WARN Act Suit

    Apollo Global Management LLC announced it will pay the majority of a $3 million deal to settle a putative class action alleging that it and a human resources company failed to properly warn about 1,000 employees of layoffs at California locations of Apollo's now-defunct party rentals company.

  • August 10, 2018

    Port Authority Workers Win Benefits Suit At NY Appeals Court

    A split New York appellate court has ruled that the state comptroller wrongly excluded certain biweekly payments when calculating the retirement benefits for several Port Authority of New York and New Jersey employees, finding that the main purpose of the compensation was to delay the workers’ retirement after 9/11.

  • August 10, 2018

    DC Circ. Revives Ex-DOD Professor's Age Bias Suit

    The D.C. Circuit on Friday upended the U.S. Department of Defense’s win over claims by a former National Defense University professor that he was illegally fired because he was too old, saying there was enough competing evidence for a jury to decide whether the firing was lawful.

  • August 10, 2018

    Judge OKs $550K Deal In OT Suit Against Car Mat Co.

    An Illinois federal judge on Thursday signed off on a $550,000 deal ending a collective action alleging vehicle floor mat maker WeatherTech illegally denied full overtime wages to more than 1,000 current and former workers.

  • August 10, 2018

    McGuireWoods Adds Litigation, Employment Partners

    McGuireWoods has brought husband and wife Yasser and Meghaan Madriz in as partners at the firm's Houston office, bolstering its litigation and labor and employment stable.

  • August 10, 2018

    Rising Star: Wigdor's Michael Willemin

    Wigdor LLP’s Michael Willemin has helped workers for such titans of finance and media as JPMorgan Chase and Fox News bring suits to right alleged workplace wrongs in his young career, earning him a spot as one of five employment law attorneys under age 40 honored by Law360 as Rising Stars.

Expert Analysis

  • Congressional Forecast: July

    Layth Elhassani

    While Senate hearings on the nomination of Brett Kavanaugh to the U.S. Supreme Court will draw much attention during July, Congress remains very busy with fiscal year 2019 appropriations bills. The chambers may go to conference this month on the first of several appropriations "minibuses," says Layth Elhassani of Covington & Burling LLP.

  • A Big Verdict Highlights Hazardous Trucking Practices

    John Jose

    The $90 million verdict handed down against Werner Enterprises by a Texas court in May highlights the dangers that can arise when trucking companies pair an experienced driver with a student, then allow the veteran driver to rest while the student behind the wheel faces dangerous driving conditions. Until this practice is changed, we can anticipate more lawsuits like Werner, says John Jose of Slack Davis Sanger LLP.

  • What Kavanaugh's Writing Tells Us About His Personality

    Matthew Hall

    People with certain personality traits tend to use certain words. A computer analysis of Judge Brett Kavanaugh’s D.C. Circuit opinions reveals that he is highly extraverted, which means that he would be a prominent voice on the U.S. Supreme Court, says Matthew Hall, a professor at the University of Notre Dame.

  • Employee Performance Ratings: Tainted Or Sainted?

    Lisa Harpe

    The recent focus on pay equity and employers’ pay practices has heightened the need to consider equal employment opportunity outcomes in performance ratings systems. Lisa Harpe and Sarah Gilbert of DCI Consulting Group discuss the current legal environment and proactive steps to examine performance ratings in the context of evaluating pay equity.

  • Opinion

    3 Pros, 3 Cons Of Litigation Finance

    Ralph Sutton

    An educated guess puts the number of new litigation funders launched in the past 18 months at 30 — an astonishing number, with more to come. Is this a blessing to our legal system or something more akin to tulip mania? Maybe both, says Ralph Sutton, founder and CEO of litigation funding firm Validity Finance LLC.

  • How Health Insurance Affects Minimum Wage In Nevada

    Rick Roskelley

    In MDC v. Eighth Judicial District Court, the Nevada Supreme Court clarified the conditions under which Nevada employees may pay a lower tier minimum wage. However, the court also created a potentially confusing new requirement defining health insurance under the state's minimum wage amendment, say Rick Roskelley and Kathryn Blakey of Littler Mendelson PC.

  • Are B-1 Business Visitors Trump's Next Target?

    Jeff Gorsky

    Most of the recent attention on the Trump administration’s plans to restrict or reform temporary work visas has focused on H-1B visas for professionals. However, travel on business visitor B-1 status could be another potential target, says Jeff Gorsky of Berry Appleman & Leiden LLP.

  • Modern Communication Brings E-Discovery Challenges

    Thomas Bonk

    As new communications platforms displace email, the legal industry is awkwardly grappling with complex e-discovery questions. Fortunately, this environment provides a very fertile ground of incentives for innovation in both e-discovery technology and service offerings, says Thomas Bonk of Epiq.

  • Opinion

    Conservative Supreme Court Activism Risks Backlash

    Jahan Sagafi

    As the Senate considers Judge Brett Kavanaugh’s nomination to the U.S. Supreme Court, including his potential impact on legal protections for workers, it is useful to reflect on the court’s 5-4 anti-worker decisions of the last term — each of which broke with norms of judicial restraint, say Michael Scimone and Jahan Sagafi of Outten & Golden LLP.

  • Opinion

    It's Not All About The Benjamins, Baby (Lawyer)

    J.B. Heaton

    Notwithstanding the latest salary war among prominent law firms, I urge my middle-aged and older colleagues to help the recent graduates we know focus on the long term. Even if the salary is the same, there is a big difference between an institutional firm and the relatively younger firms matching BigLaw, says J.B. Heaton, a University of Chicago business law fellow and former partner at Bartlit Beck.