Employment

  • September 16, 2024

    Pa. Judge Awards Servers $400K in Atty Fee Row

    A Pennsylvania restaurant group is on the hook for more than $400,000 in attorney fees in a 4-year-old wage-and-hour collective action that saw a jury verdict in favor of more than 400 servers alleging tipped wage violations, according to a federal judge's order Monday.

  • September 16, 2024

    EEOC Sues Utility Services Co. Over Remote Work Refusal

    The U.S. Equal Employment Opportunity Commission filed a disability discrimination lawsuit against a utility services provider in Atlanta federal court Monday, claiming the company refused to let an employee work remotely after she had a stroke and a head injury and fired her weeks later.

  • September 16, 2024

    3rd Circ. OKs NLRB Enforcement Bid Against Scrap Metal Co.

    The Third Circuit on Monday granted the National Labor Relations Board's petition for enforcement of its finding that a Philadelphia scrap metal company violated federal labor law by changing workers' schedules after they voted for union representation, rejecting the company's argument that the reduction in workers' hours was for pandemic-related reasons.

  • September 16, 2024

    Home Healthcare Cos. Strike Deal In EEOC Disability Bias Suit

    The U.S. Equal Employment Opportunity Commission said Monday that a pair of affiliated home healthcare companies will shell out $65,000 to wrap up the agency's suit accusing them of wrongly firing an occupational therapist after she had a seizure and needed rides to get to patients' homes.

  • September 16, 2024

    Ithaca Starbucks Closings Violated Law, NLRB Judge Says

    Starbucks violated federal labor law by closing two stores in Ithaca, New York last year in retaliation for workers' union activity, a National Labor Relations Board judge found, rejecting the coffee giant's arguments that the closures were due to staff turnover and recommending that the company be ordered to reopen the locations.

  • September 16, 2024

    T-Mobile Doesn't Pay Technicians Proper OT, Suit Says

    T-Mobile USA Inc. underpays on-call technicians with a subpar flat rate for overtime work, according to a putative collective action filed in Washington federal court.

  • September 16, 2024

    Ex-Union Leader's Nephew Heads Off Extortion Trial With Plea

    The nephew of the former business manager of International Brotherhood of Electrical Workers Local 98 pled guilty Monday to attempting to shake down a casino contractor for a paycheck for work he never performed, Philadelphia's top federal prosecutor announced.

  • September 16, 2024

    DOL Faces 2 More Suits Over H-2A Farmworker Labor Rule

    The U.S. Department of Labor was hit Friday with two lawsuits attacking its new regulation protecting union-related activities for agricultural workers on seasonal H-2A visas — less than a month after a Georgia federal judge paused the regulation.

  • September 16, 2024

    Chevron Deference Invalid In Travel-Time Pay Case, DOL Says

    The U.S. Department of Labor said the overturning of Chevron deference has no bearing on its case against a home care company for stiffing workers of travel-time pay, arguing that the regulations at issue don't invoke such an analysis, according to a letter filed by the department.

  • September 16, 2024

    Pall Corp. Shorts Workers By Rounding OT, Suit Says

    A proposed class action filed Sept. 12 alleges that biotech supplier Pall Corp. followed a time-rounding policy that systematically undercompensated employees, and accused the company of improperly deducting 30 minutes from employees' pay for meal breaks, even when employees took shorter breaks.

  • September 16, 2024

    Longtime Cooley Litigator Jumps To Jackson Lewis In Calif.

    Jackson Lewis PC has expanded its Orange County, California, office with a longtime employment litigator who spent more than two decades with Cooley LLP. 

  • September 16, 2024

    Raytheon Fails To Sink Ex-Worker's Age Discrimination Case

    A Texas federal judge refused Monday to throw out an age discrimination suit accusing defense contractor Raytheon of wrongfully firing a longtime employee after he tapped a male co-worker on the backside with a cafeteria tray.

  • September 16, 2024

    Telecom Installer To Pay Workers $600K To End DOL Probe

    A Michigan-based fiber optics installer will pay $594,000 in back pay and damages to 63 workers whom the U.S. Department of Labor says the company misclassified as independent contractors, the agency announced Monday.

  • September 16, 2024

    Aviation Workers Say Volato Fired Workforce Without Notice

    Former employees of aviation company Volato Inc. filed a proposed class action in Florida federal court alleging that 233 employees, nearly all the workers at a St. Augustine facility, were laid off without required advanced notice.

  • September 16, 2024

    DraftKings, FanDuel Sued Over Use Of MLB Player Images

    Sports betting giants including DraftKings and FanDuel have been using photographs of MLB players to promote sports betting offerings despite knowing they do not have such rights, a division of the Major League Baseball Players Association alleged in separate lawsuits filed Monday in Pennsylvania and New York.

  • September 16, 2024

    NY Home Health Co. To Pay $3.5M To Settle Wage Claims

    A New York federal judge has signed off on a New York-based home health care agency's $3.5 million settlement with thousands of home aides who alleged violations of state wage law and the Fair Labor Standards Act.

  • September 16, 2024

    John Lewis Fired COVID-Vulnerable Chef Fairly, Panel Rules

    A disability discrimination claim brought by a chef against a major U.K. department store chain has failed after an English employment tribunal panel ruled that he had been fairly fired after going on sick leave for nine months.

  • September 16, 2024

    NHS To Pay £87K To Clinician Who Quit Due To Low Funding

    A National Health Service trust has agreed to pay more than £87,000 ($114,800) to a psychologist who won her claim that she was forced to quit her job because of a lack of funding and resources for her mental health unit.

  • September 16, 2024

    EEOC Says Healthcare Co.'s Leave Refusals Breach ADA

    A company that provides healthcare services to the elderly violated the Americans with Disabilities Act by refusing to grant additional leave to workers when their Family and Medical Leave Act time off expired, the U.S. Equal Employment Opportunity Commission said in a new lawsuit.

  • September 16, 2024

    7 Million UK Private Sector Workers Facing Pensions Crisis

    The retirement incomes of 40% of employees in the private sector are on track to fail to provide sufficient money to give them a decent standard of living, a report by a think tank said Monday.

  • September 16, 2024

    Tribunal Tosses Asda Workers' Claim For Extra Holiday Pay

    A group of Asda employees have lost their bid for extra holiday pay as an employment tribunal ruled in favor of the supermarket chain, finding that it had the right under its agreement with the union to determine which days count as national holidays.

  • September 15, 2024

    Black Ex-UPS Driver Scores $238M Verdict In Retaliation Suit

    A federal jury in Washington state smacked UPS with a $237.6 million verdict in a lawsuit brought by a Black former driver who said he had faced racist harassment — including a manager's referring to him as "boy" — and had been fired after complaining about the mistreatment.

  • September 13, 2024

    The 2024 Regional Powerhouses

    The law firms on Law360's list of 2024 Regional Powerhouses reflected the local peculiarities of their states while often representing clients in deals and cases that captured national attention.

  • September 13, 2024

    Conn. High Court Snapshot: Firm's Bill Battle Rages In Sept.

    The Connecticut Supreme Court's September case lineup tasks the justices with helping a federal court judge decide if McCarter & English LLP can fetch punitive damages in a billing battle with an ex-client, and if parents suing Target and others can be compensated for the impairment of their relationship with their injured child. Here, Law360 previews some highlights of the high court's argument schedule for the month.

  • September 13, 2024

    Workers Strike Class Deal With Ex-Union's Benefit Plans

    Former transportation company workers who accused a pair of their ex-union's benefit plans of unlawfully overpaying one of the plans' trustees and the plans' manager have urged an Illinois federal judge to greenlight a $615,000 class action deal.

Expert Analysis

  • Employers Face Uncertainty After Calif. Justices' Slur Ruling

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    In Bailey v. San Francisco District Attorney's Office, the California Supreme Court recently ruled that a singular use of a racial slur may be sufficiently severe to support a hostile work environment claim, leaving employers to speculate about what sort of comments or conduct will meet this new standard going forward, says Stephanie Roeser at Manatt.

  • 9th Circ. Ruling Flags Work Harassment Risks Of Social Media

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    The recent Ninth Circuit ruling in Okonowsky v. Garland, holding an employer could be liable for a co-worker's harassing social media posts, highlights new challenges in technology-centered and remote workplaces, and underscores an employer's obligation to prevent hostile environments wherever their employees clock in, say Jennifer Lada and Phillip Schreiber at Holland & Knight.

  • 2 Vital Trial Principles Endure Amid Tech Advances

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    Progress in trial technologies in the last 10 years has been transformative for courtroom presentations, but two core communication axioms are still relevant in today's world of drone footage evidence and 3D animations, say Adam Bloomberg and Lisa Walters at IMS Legal Strategies.

  • Key Steps To Employer Petitions For Union Elections

    Excerpt from Practical Guidance
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    Since the National Labor Relations Board shifted the burden of requesting formal union elections onto employers in its Cemex decision last year — and raised the stakes for employer missteps during the process — companies should be prepared to correctly file representation management election petitions and respond to union demands for recognition, says Adam Keating at Duane Morris.

  • Viral Layoffs: How Cos. Can Avoid Bad Social Media Exposure

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    A recent trend of employees using social media to document their experiences with layoffs and disciplinary actions in the workplace should prompt employers to take additional precautions to avoid former workers' negative viral reviews when deciding how, when and what to communicate to employees, say Scott McIntyre and Chrissy Kennedy at BakerHostetler.

  • Mirror, Mirror On The Wall, Is My Counterclaim Bound To Fall?

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    A Pennsylvania federal court’s recent dismissal of the defendants’ counterclaims in Morgan v. Noss should remind attorneys to avoid the temptation to repackage a claim’s facts and law into a mirror-image counterclaim, as this approach will often result in a waste of time and resources, says Matthew Selmasska at Kaufman Dolowich.

  • 6 Factors That Can Make For A 'Nuclear' Juror

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    Drawing from recent research that examines the rise in nuclear verdicts, Ken Broda-Bahm at Persuasion Strategies identifies a few juror characteristics most likely to matter in assessing case risk and preparing for jury selection — some of which are long-known, and others that are emerging post-pandemic.

  • Series

    Playing Dungeons & Dragons Makes Me A Better Lawyer

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    Playing Dungeons & Dragons – a tabletop role-playing game – helped pave the way for my legal career by providing me with foundational skills such as persuasion and team building, says Derrick Carman at Robins Kaplan.

  • Illinois BIPA Reform Offers Welcome Relief To Businesses

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    Illinois' recent amendment to its Biometric Information Privacy Act limits the number of violations and damages a plaintiff can claim — a crucial step in shielding businesses from unintended legal consequences, including litigation risk and compliance costs, say attorneys at Taft.

  • 3 Notes For Arbitration Agreements After Calif. Ruling

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    After last month's California Supreme Court decision in Ramirez v. Charter Communications invalidated several arbitration clauses in the company's employee contracts as unconscionable, companies should ensure their own arbitration agreements steer clear of three major pitfalls identified by the court, say attorneys at Cooley.

  • Opinion

    Focus On Political Stances May Weaken Labor Unions

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    Recent lawsujits and a bill pending in the U.S. House of Representatives call attention to the practice of labor unions taking political stances with which their members disagree — an issue that may weaken unions, and that employers should stay abreast of, given its implications for labor organizing campaigns, workplace morale and collective bargaining, says Daniel Johns at Cozen O'Connor.

  • Jarkesy Ruling May Redefine Jury Role In Patent Fraud

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    Regardless of whether the U.S. Supreme Court’s Jarkesy ruling implicates the direction of inequitable conduct, which requires showing that the patentee made material statements or omissions to the U.S. Patent and Trademark Office, the decision has created opportunities for defendants to argue more substantively for jury trials than ever before, say attorneys at Cadwalader.

  • 3 Leadership Practices For A More Supportive Firm Culture

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    Traditional leadership styles frequently amplify the inherent pressures of legal work, but a few simple, time-neutral strategies can strengthen the skills and confidence of employees and foster a more collaborative culture, while supporting individual growth and contribution to organizational goals, says Benjamin Grimes at BKG Leadership.

  • NLRB Ruling Highlights Rare Union Deauthorization Process

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    A recent National Labor Relations Board decision about a guard company's union authorization revocation presents a ripe opportunity for employees to review the particulars of this uncommon process, and employer compliance is critical as well, say Megann McManus and Trecia Moore at Husch Blackwell.

  • Attorneys Can Benefit From Reverse-Engineering Their Cases

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    Trial advocacy programs often teach lawyers to loosely track the progression of a lawsuit during preparation — case analysis, then direct examination, then cross-examination, openings and closings — but reverse-engineering cases by working backward from opening and closing statements can streamline the process and also improve case strategy, says Reuben Guttman at Guttman Buschner.

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