Employment

  • February 13, 2018

    Shopper's Actions Not Harassment, Costco Tells 7th Circ.

    Costco Wholesale Corp. asked the Seventh Circuit on Tuesday to toss a jury’s finding it is liable after it allegedly failed to protect one of its employees from a customer’s harassment, arguing the customer’s purported actions weren’t enough to meet the Title VII standard.

  • February 13, 2018

    Calif. Jury Finds BofA Blacklisted, Defamed Ex-Worker

    A California federal jury on Tuesday found Bank of America NA illegally blacklisted and defamed a former BofA client manager when it listed her with a fraud reporting agency, awarding the former employee compensatory and punitive damages that could surpass $1.6 million.

  • February 13, 2018

    After Big Waymo Settlement, Uber Criminal Probe Still Looms

    Uber paid hundreds of millions of dollars last week to settle civil accusations that it stole self-driving car technology from Google’s Waymo, but don’t forget: Federal prosecutors might still bring criminal charges over the same alleged theft.

  • February 13, 2018

    Contractors Smeared Telecom For Bucking Racism, Suit Says

    Telecommunications staffing company Loco Brands LLC hit technician contractors Butler America and Frontier Communications with a suit Tuesday in Texas federal court claiming they released Loco trade secrets and went on a smear campaign after it refused to tolerate the contractors’ alleged racist hiring practices.

  • February 13, 2018

    Baylor Can’t Use Med Mal Law To Beat Wrongful Firing Suit

    A Texas state appellate court refused Monday to throw out a surgical resident's wrongful termination suit against Baylor University Medical Center, ruling the resident did not need an expert report to bring the suit because the allegations were not tied to the treatment of a patient.

  • February 13, 2018

    3rd Circ. Tosses Fed. Worker's Blacklist Claims

    The Third Circuit has upheld the dismissal of a man's claims that he was passed up for a job with the U.S. Department of Agriculture because of work-related criticisms he made about the U.S. Department of Homeland Security, his former employer, saying he failed to make specific claims that the USDA had blacklisted him.

  • February 13, 2018

    Retired NLRB Officials Decry GC's Proposed Reorganization

    Fifty-six retired National Labor Relations Board regional office leaders have asked general counsel Peter Robb to consider scrapping his reported plan to restructure the agency’s field office system, saying his plan “clearly misses the mark,” according to a letter obtained by Law360 on Tuesday.

  • February 13, 2018

    Agency Accused Of Running MLB Doping, Bribery Scheme

    A former employee of a high-level baseball agency sued the company and its owners in New York state court Monday, saying they forced him to make under-the-table payments to athletes and their families and caused him to take the fall for a scheme involving performance-enhancing drugs in Major League Baseball.

  • February 13, 2018

    NJ Court Reinstates Suit Over Bank’s Anti-Harassment Duties

    A New Jersey state appellate court on Tuesday revived a former bank employee’s suit against her old employer, ruling that the bank’s code of ethics was ambiguous as to whether it required the bank to enforce anti-harassment provisions that the employee’s supervisor allegedly violated with impunity.

  • February 13, 2018

    Recent Leaks Put Legal Industry On '#MeToo' Notice

    Two international law firms announced last week that they were parting ways with U.K. partners after allegations from more than a year ago were suddenly brought to light, in what could be the start of a longer public re-evaluation of how the legal industry addresses — or fails to address — claims of sexual misconduct within its ranks.

  • February 12, 2018

    Cohen Firm Sued Over Alleged 'No Girls Allowed' Hostility

    An executive at Steven A. Cohen’s investment firm said the company’s bias against women permeates every facet of the firm, where women are paid less, skipped for promotions and are told that some meetings are “no girls allowed,” according to a suit lodged in New York federal court on Monday.

  • February 12, 2018

    Labor Dept. Helps Retirement Plans Recover Nearly $16M

    The U.S. Department of Labor on Friday announced it has recovered more than $7 million for three companies that suffered losses for future retirees as a result of investments in fictitious loans made by Florida-based First Farmers Financial LLC.

  • February 12, 2018

    5 New NLRB Advice Memos Labor Attys Should See

    The National Labor Relations Board’s general counsel released a spate of advice memorandums Sunday offering opinions on various gray areas of federal labor law, including an entry finding that a Teamsters local had illegally set up a secret Facebook group to trash a member opposed to its bargaining strategy.

  • February 12, 2018

    9th Circ. OKs Sanctions For First Solar Wrongful Death Suit

    A California federal judge correctly found that a workers' compensation deal preempted a suit against First Solar Inc. over an employee killed while inspecting its power plant, and his estate's attorneys were properly sanctioned for making arguments they should have known were frivolous, the Ninth Circuit ruled Monday.

  • February 12, 2018

    Gov't Must Seek Tribes' Input On Vital Issues: NCAI Prez

    The federal government must respect tribes’ sovereignty by engaging their leaders on infrastructure, tax, energy, land management, labor and many other issues impacting tribal governments and members, the president of the National Congress of American Indians said Monday.

  • February 12, 2018

    Nestlé Faces Child Labor Claims Over Chocolate Sources

    Nestlé USA Inc. was slapped with a proposed class action in Massachusetts federal court Monday alleging that the food and beverage giant doesn’t inform consumers that it sources chocolate products from areas in West Africa that are known for relying on forced child labor.

  • February 12, 2018

    UnitedHealth Can't End DOJ Suit In Big FCA Battle

    A California federal judge on Monday preserved a U.S. Department of Justice lawsuit accusing UnitedHealth Group Inc. of exaggerating patient illnesses in Medicare Advantage, handing the government a crucial win in a new realm of False Claims Act litigation.

  • February 12, 2018

    3 Takeaways From NY's Legal Broadside Against Weinstein

    A civil rights suit filed Sunday against Harvey Weinstein and the production company he co-founded by New York state Attorney General Eric Schneiderman offers shocking new details about the disgraced movie executive’s alleged mistreatment of female employees and threatens to torpedo the company’s rumored $500 million sale.

  • February 12, 2018

    Ex-Siemens Exec Claims He Was Ousted For Extortion Report

    A former executive at a Siemens AG financial firm claimed in a lawsuit transferred on Monday to Massachusetts federal court that his bosses pushed him out after he relayed a potential client’s concern about “an incident of extortion.”

  • February 12, 2018

    AGs Back Ban On Sex Harassment Arbitration Clauses

    Attorneys general in all 50 states, the District of Columbia and several U.S. territories told Congress on Monday that it’s time to prohibit employers from keeping claims of sexual harassment hush-hush with forced arbitration.

Expert Analysis

  • Preparing For Potential Cuts To Certain H-1B Extensions

    Elizabeth Espín Stern

    The U.S. Department of Homeland Security may be considering new measures that would potentially reduce or eliminate specific H-1B extensions granted under the American Competitiveness in the 21st Century Act of 2000. Elizabeth Espín Stern and Paul Virtue of Mayer Brown LLP offer guidelines to assist employers in advising their workforce about the potential impact if DHS does take action.

  • Employers Must Note Major Tax Law Changes For 2018

    Peter Salomon

    The recently signed tax reform law will affect nearly every aspect of the American economy, and includes several changes to employee benefits and compensation arrangements. Employers must thoroughly review the law's updates to the tax treatment of stock options, compensation of top executives, retirement plan loans, IRA conversions and other activities, say attorneys with Akerman LLP.

  • NJ Bill Could Make Resolving Employment Disputes Tougher

    Maxine Neuhauser

    Legislation recently introduced in New Jersey would effectively prohibit prospective arbitration agreements and jury trial waivers with respect to employment discrimination, retaliation and harassment claims. Although less than two pages long, it has the potential to substantially limit employers’ options for defending and resolving workplace conflicts, says Maxine Neuhauser of Epstein Becker Green.

  • The Broader Implications Of Sessions’ Marijuana Move

    Markus Funk

    Beyond what it heralds for the marijuana industry, Jeff Sessions’ memo on marijuana enforcement signals a new era of increasingly decentralized federal prosecutorial power, say attorneys with Perkins Coie LLP, including former Colorado Chief Justice Michael Bender.

  • Employment Visas: 2017 Changes And What To Expect Ahead

    Daniel Berner

    In line with campaign promises made by President Donald Trump, in 2017 the U.S. Department of Homeland Security imposed added burdens on employers seeking employment-based visas for foreign nationals. Daniel Berner of Berner Law PLLC discusses some of the principal changes and the policies DHS has indicated it will pursue for employment-based visas in 2018 and beyond.

  • Conducting Harassment Investigations With Outside Counsel

     Jackie Ford

    This week, Time’s Up — a legal defense fund for victims of sexual harassment — emerged as another highly visible support system for asserting harassment claims. As the new year begins, employers and their counsel should take a moment, take a breath and prepare to respond quickly and thoroughly to any and all allegations of sexual harassment, says Jackie Ford of Vorys Sater Seymour and Pease LLP.

  • Litigation Finance Trends To Watch In 2018

    Jay Greenberg

    Jay Greenberg and Max Volsky, co-founders of litigation finance platform LexShares Inc., analyze emerging trends based on conversations with their investors and executives in this rapidly evolving sector.

  • The Enneagram And The Practice Of Law

    Jennifer Gibbs

    Study of the Enneagram personality typing system can provide attorneys with better insights into themselves, and into those they interact with professionally, including clients, opposing counsel and judges, says Jennifer Gibbs of Zelle LLP.

  • Exploring The Future Of China's Belt And Road Initiative

    Bo Zhou

    Improvements in global trade inevitably impact labor, and it’s expected that China's Belt and Road Initiative will undoubtedly impact labor conditions in the U.S. However, from a legal perspective, predicting how the law could evolve as a result of those changes may be more difficult, says Bo Zhou of Fangda Partners.

  • Opinion

    The Future Of The American Workplace Is At Risk

    Michael Rubin

    For more than 80 years, federal labor law has guaranteed American workers the right to act in concert to improve workplace conditions. But if the Trump administration has its way, the U.S. Supreme Court will treat that guarantee just as the Senate recently treated the Consumer Financial Protection Bureau’s consumer protection rule, says Michael Rubin of Altshuler Berzon LLP.