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Employment

  • October 9, 2018

    Judge Won't DQ FordHarrison From Kraft Heinz Wage Row

    A California federal judge on Tuesday refused to disqualify FordHarrison LLP from representing Kraft Heinz Foods Co. in a class action accusing it of various California labor law violations, saying one of the firm's partners obtained written consent as he was required to do before representing two potential class members at a deposition.

  • October 9, 2018

    Class Action Says DirecTV Partner Regularly Docks Wages

    DirecTV’s largest installation partner, MasTec Inc., was hit with a class action on Tuesday claiming the Florida-based service provider docks employee wages when customers complain about technical glitches to DirecTV.

  • October 9, 2018

    Google Nears Deal In Age Bias Collective Action

    Google Inc. has reached a tentative deal with a class of older job applicants, potentially ending claims that the tech giant interviewed them to give the impression that it cared about diversity but then passed them over for engineering jobs because of their age.

  • October 9, 2018

    Uber, Drivers' $345K Pay Deal Receives First OK

    A California federal judge on Tuesday tentatively signed off on a nearly $350,000 deal in a class action claiming Uber denied drivers their fair share of riders' payments after the parties tweaked a claims release.

  • October 9, 2018

    Bloomberg Workers Seek $13.8M In Costs, Fees In OT Suit

    A class of Bloomberg LP help desk representatives have told a New York federal judge they are entitled to $13.77 million in attorneys' fees and costs in their suit alleging the company wrongfully excluded them from overtime pay, the same day the parties sought final approval of a settlement in the case.

  • October 9, 2018

    StubHub Not Clear Of Trade Secret Theft Claims, Judge Rules

    StubHub hasn’t completely dodged allegations that it flouted the Defend Trade Secrets Act when it hired three employees from a startup company who then allegedly misappropriated proprietary data despite a previous ruling in the ticket company’s favor, a California federal judge recently ruled.

  • October 9, 2018

    Janus Can't Stop Pa. Fee Payment Challenge, Judge Hears

    A group of Pennsylvania public school workers are urging a federal judge to move ahead in deciding their challenge to a statute regarding compulsory payment of union dues even after a landmark U.S. Supreme Court decision in June declared the practice unconstitutional.

  • October 9, 2018

    5th Circ. Revives Visually Impaired USCIS Worker's Bias Suit

    The Fifth Circuit has breathed new life into a visually impaired U.S. Citizenship and Immigration Services employee’s suit alleging her supervisors illegally refused her request to provide material for on-site meetings in a format she could read.

  • October 9, 2018

    NJ Aims To Sink Trucking Co.'s Worker Classification Suit

    New Jersey’s labor commissioner has asked a federal judge to toss a trucking company’s lawsuit alleging the state’s employee classification law led to an unfair unemployment contribution burden, or at least to put the brakes on it pending an upcoming Third Circuit ruling addressing the same preemption argument the company raised.

  • October 9, 2018

    Ford Can't Make IUOE Workers Join UAW, NLRB Says

    Ford Motor Co. violated federal labor law by assigning a handful of International Union of Operating Engineers-represented maintenance workers it absorbed from a contractor to a United Automobile Workers local representing other employees, a National Labor Relations Board panel said on Friday.

  • October 9, 2018

    Factory Ordered Sold In Groundbreaking Merger Breakup

    A factory that makes interior door covers must be sold to restore competition after a rival became the first private company to successfully challenge a merger under the Clayton Act without government help and reach a jury verdict, a Virginia federal judge held Friday.

  • October 9, 2018

    NCAA Says Player's Wage Suit Based On Nonexistent Law

    The National Collegiate Athletic Association and Villanova University on Monday renewed their call to dismiss a proposed class action arguing that student-athletes should receive wages, saying they are facing a claim that they willfully violated a legal standard that doesn't yet exist.

  • October 9, 2018

    Shipping Co. Says Wage Laws Don't Make Drivers Employees

    A shipping company asked a Massachusetts federal judge Tuesday for a win in a class action brought by a group of delivery drivers seeking to be treated as employees, saying state wage laws do not provide a basis for overriding an agreement between the parties that classifies the drivers as independent contractors.

  • October 9, 2018

    Ford Workers Ask For Access To EEOC Conciliation Info

    Ford employees claiming they experience sexual harassment at work said Monday the automaker should disclose details of an earlier conciliation agreement with the federal employment regulator after making public that most workers could get no more than $30,000 in damages upon filing a claim with the agency.

  • October 9, 2018

    Texas Church Group Wants Exemption From LGBT Bias Laws

    Title VII of the Civil Rights Act and the city of Austin's anti-employment discrimination statute illegally block religious employers from denying jobs and benefits to gay and transgender workers, a Texas-based church group alleges in two new federal suits, one of which is styled as a proposed class action.

  • October 9, 2018

    Limo Co. Says Uber Drivers Are Employees Under Dynamex

    A California limousine company told a federal court Friday that the state's newly adopted Dynamex standard for distinguishing between independent contractors and employees will show that Uber Technologies Inc. has misclassified its drivers to get a competitive edge over traditional taxicabs and limousine companies.

  • October 5, 2018

    Kossoff & Kossoff Accused In $100M Accounting Cover-Up

    The Chapter 11 trustee for industrial staffing agency Corporate Resource Services Inc. has hit Kossoff & Kossoff LLP with a malpractice suit that claims the accounting firm helped cover up $100 million in unpaid tax liabilities that ultimately brought down CRS.

  • October 5, 2018

    #MeToo After Weinstein: The Legal Fallout & What's To Come

    In the year since the Harvey Weinstein scandal came to light, scores of powerful men have had to reckon with allegations of sexual misconduct, and employers and lawmakers have grappled with the reality that a growing chorus of voices won't tolerate gender bias and harassment being swept under the rug. Here's a look back at some of the developments that made headlines.

  • October 5, 2018

    Fluor Faces FCA Suit Over Afghan Logistics Contract

    A former Fluor Corp.employee has claimed the company, while acting as a logistics contractor for the U.S. Department of Defense in Afghanistan, violated the False Claims Act by improperly cataloging $100 million worth of property and failing to notify the government when the property was lost or stolen.

  • October 5, 2018

    #MeToo's 'Post-Harvey' Energy Not Going Away: EEOC Chair

    A year after the Harvey Weinstein scandal galvanized the #MeToo movement and pushed sexual harassment into the national spotlight, acting Equal Employment Opportunity Commission chair Victoria Lipnic told Law360 that the ensuing increase in workers stepping forward to report claims isn't likely to slow down anytime soon.

Expert Analysis

  • The Courts’ Take On Obama-Era Regs: You Are Erased

    Andrew Oringer

    It is at this point axiomatic that the Trump administration is intent on reversing significant portions of the Obama administration's regulatory activity. Interestingly, it seems that courts may pose another major risk to the survival of some Obama-era initiatives, say Andrew Oringer and Samuel Scarritt-Selman of Dechert LLP.

  • Grandfathering Executive Compensation Plans Under TCJA

    Eric Winwood

    While the Tax Cuts and Jobs Act fundamentally changed rules governing the deduction under IRC Section 162(m) of executive compensation by publicly held corporations, it also included grandfather relief for some existing arrangements. Eric Winwood of Baker Botts LLP discusses the recent grandfather relief guidance and its effects.

  • When Electronic Records Disappear But Legal Issues Linger

    Donna Fisher

    The legal implications of communication tools that automatically delete messages are surfacing in various types of litigation and investigations. As these tools become more popular, a company must constantly evaluate how to reconcile their use with its duty to preserve evidence, say attorneys with Pepper Hamilton LLP.

  • What To Expect From NYC's New Ride-Sharing Regs

    Rich Meneghello

    The New York City Council recently passed a series of laws aimed at regulating the city's ride-sharing services. However, they do not provide the clarity businesses and workers in the industry were hoping for, say Rich Meneghello and Melissa Osipoff of Fisher Phillips.

  • Q&A

    Back To School: Widener's Rod Smolla Talks Free Speech

    Rodney Smolla

    In this new series featuring law school luminaries, Widener University Delaware Law School dean Rodney Smolla discusses teaching philosophies, his interest in First Amendment law, and arguing before the U.S. Supreme Court in Virginia v. Black.

  • Will High Court Resolve Circuit Split On Arbitration Issues?

    Cary Sullivan

    This fall, in New Prime v. Dominic Oliveira, the U.S. Supreme Court will be presented with two important questions related to the Federal Arbitration Act’s Section 1 exemption. The ruling could have major ramifications for the transportation industry, where arbitration provisions are often included in employment or independent contractor agreements, says Cary Sullivan of Jones Day.

  • Brands, Beware Too Much Influence Over Your Influencers

    Paul Menes

    In light of the new independent contractor test developed by the California Supreme Court's recent decision in Dynamex Operations West v. The Superior Court of Los Angeles County, brands in the state would be wise to have their agreements and statements of disclosure responsibilities with influencers reviewed and re-evaluated, says Paul Menes of ADLI Law Group.

  • New Pass-Through Deduction Will Pass Over Many Lawyers

    Evan Morgan

    A few weeks ago, the IRS proposed regulations related to the Tax Cuts and Jobs Act's 20 percent deduction on qualified business income for pass-through entities. The guidance offers long-awaited clarity, but is mostly bad news for many law firms, says Evan Morgan of Kaufman Rossin PA.

  • OSHA Guidance Clarifies Respirable Crystalline Silica Rules

    Bradford Hammock

    The Occupational Safety and Health Administration's new set of 53 frequently asked questions provides guidance to construction employers and employees regarding OSHA's respirable crystalline silica standard, and makes important clarifications regarding medical surveillance, says Bradford Hammock of Jackson Lewis PC.

  • How Reckless Judicial Impeachments Threaten Rule Of Law

    Jan van Zyl Smit

    Judicial impeachment fever seems to be spreading through the states, with West Virginia legislators recently voting to remove their state's entire Supreme Court, and lawmakers in Pennsylvania and North Carolina threatening the same. These actions are a serious threat to judicial independence, says Jan van Zyl Smit of the Bingham Centre for the Rule of Law.