Employment

  • September 13, 2021

    Pa. Prison Guards' Union Challenges Vaccine Mandate

    The union representing guards at Pennsylvania's state-run prisons, hospitals and other institutions are asking for injunctive relief from an order that employees either get vaccinated against COVID-19 or undergo regular testing, arguing the order would need to apply across the board to protect people in state prisons from the pandemic.

  • September 13, 2021

    Calif. Appeals Court Says Shell Can't Dodge Ex-Worker's Suit

    A California appeals court says a trial court got it wrong when it determined that Shell wasn't the joint employer of a gas station employee who sued over wrongful termination and withheld wages, saying precedents relied on by the lower court contained significantly different facts.

  • September 13, 2021

    Ariz. Jury Clears Southwest Of Sex Bias Against Ex-Worker

    An Arizona federal jury decided Southwest Airlines did not discriminate against a female former field instructor and didn't fire her for complaining about alleged sex-based mistreatment, according to a verdict reached Friday.

  • September 13, 2021

    Law360's Glass Ceiling Report: What You Need To Know

    Law firms are facing renewed calls to step up their efforts on equity and inclusion. But when it comes to closing the gender gap, law firms still have a long way to go, our annual survey shows.

  • September 13, 2021

    FCC Atty Taps New Counsel After Mistrial In Race Bias Case

    A Black attorney adviser has moved to replace her longtime counsel with two lawyers from the employment law firm Alan Lescht & Associates PC following a D.C. federal court's decision to declare a mistrial in her racial bias dispute against the Federal Communications Commission.

  • September 13, 2021

    Payroll Startup Papaya Global Raises $250M In Series D

    Papaya Global announced Monday that it has raised $250 million in a fundraising round led by private equity and venture capital firm Insight Partners, bringing the payroll management startup's total valuation to $3.7 billion.

  • September 10, 2021

    Vax-Exempt NYC Teachers To Be Offered Non-Classroom Jobs

    New York City teachers who are exempt from getting the COVID-19 vaccine for medical or religious reasons must be offered non-classroom work, an independent arbitrator determined Friday.

  • September 10, 2021

    4 Questions Employers Have About Biden's Vaccine Mandates

    An aggressive series of COVID-19 vaccine mandates by President Joe Biden is raising numerous questions for employers, including who will foot the bill to test unvaccinated workers and what the future holds for their vaccine incentives. Here, experts discuss challenges that the president's latest vaccine push will pose for businesses.

  • September 10, 2021

    Republican Governors Threaten Suits Over Biden Vax Mandate

    Republican governors nationwide took issue with the new COVID-19 vaccine mandates rolled out Thursday by the Biden administration, with many of the governors threatening legal action over what they claim is an overreach of the federal government's powers.

  • September 10, 2021

    Employment Authority: Vax Mandate Pitfalls In Hiring, Pay

    Law360 Employment Authority covers the biggest employment cases and trends. Catch up this week with stories on how vaccine mandates can affect the hiring process and employers' pay obligations, as well as wage and hour compliance challenges faced by restaurants during the pandemic and an exclusive interview with NLRB Chair Lauren McFerran.

  • September 10, 2021

    NJ Supreme Court Preview: Teacher Bias Suit, New Biz Rule

    The scope of the First Amendment's ministerial exception in blocking employment discrimination claims against religious institutions and the viability of the state's new business rule in barring damages for future lost profits are among the hot-button questions facing the New Jersey Supreme Court as the justices kick off a new term.

  • September 10, 2021

    Workers Say WARN Act Applies To Enterprise Virus Closures

    Former Enterprise workers told the Eleventh Circuit on Friday that a lower court was right to allow the advancement of a proposed class action claiming the rental company should have given notice that mass layoffs were coming due to the COVID-19 pandemic.

  • September 10, 2021

    Law Firm Affiliate Aims To Toss Whistleblower's Subpoena

    Margolis Healy and Associates LLC, an affiliate of law firm Cozen O'Connor, has asked a New Jersey state court to quash a subpoena from a former state health official seeking documents as part of his whistleblower suit alleging he was fired for objecting to collecting COVID-19 test samples from a state official's relatives.

  • September 10, 2021

    Trucking Groups Urge High Court To Slam Brakes On AB 5

    A slew of trucking groups including the Western States and Minnesota trucking associations have urged the U.S. Supreme Court to grant review of a California federal case and find that federal trucking industry deregulation preempts that state's A.B. 5 law, which makes it harder to classify workers as independent contractors, saying the current model is vital to the industry.

  • September 10, 2021

    Contractors Face Confusion Over Vax Mandate Terms

    President Joe Biden's new COVID-19 vaccine mandate for federal contractors is rife with undefined terms that are leaving attorneys scratching their heads about how it applies to subcontracts, work-from-home employees, and companies that work in both commercial and government contracting spaces.

  • September 10, 2021

    Deadly Virus May Excuse NH Virtual Votes, Full 1st Circ. Hints

    The full First Circuit on Friday suggested the New Hampshire House speaker may not be immune from a suit challenging his ban on virtual votes during the COVID-19 pandemic, with one judge saying lawmakers were effectively "ousted with the threat of death."

  • September 10, 2021

    Workers Say Fogo De Chao Is Bullying Them Out Of Suing

    A proposed class of Fogo de Chao employees has asked a Texas federal judge to admonish the Brazilian steakhouse chain and invalidate a mutual arbitration agreement it allegedly sent to potential class members in an effort to intimidate them from joining a lawsuit over illegal tip pooling.

  • September 10, 2021

    Feds Still Fighting Hong Kong Shirt Co. Over Blacklisting

    A Hong Kong textile manufacturer blacklisted over human rights concerns cannot undo its punishment while its legal challenge plays out, the U.S. government told a federal judge on Thursday, noting that the company sued before a review of its protest was complete.

  • September 10, 2021

    Sales Training Software Co. Accused Of Privacy Violations

    Technology company Brainshark Inc. has been hit with proposed federal class claims that the company uses artificial intelligence to scan sales employees' facial biometric data and score their sales presentation videos in violation of Illinois users' biometric privacy rights.

  • September 10, 2021

    3 Major Biometric Privacy Arguments To Watch This Month

    The Seventh Circuit will hear two cases on Tuesday that could dramatically change the scope and path of litigation under Illinois's landmark biometric privacy law, and the Illinois Supreme Court will hear arguments involving one of the most frequently raised defenses to such claims just weeks later.

  • September 10, 2021

    Ex-Consol Coal Prez Settles Gender Bias, Retaliation Suit

    The short-tenured president of coal-focused Consol Energy has reached a confidential settlement with the gas side of the company over her allegedly unequal pay and her retaliatory firing, according to filings in Pennsylvania state court.

  • September 10, 2021

    Full 5th Circ. OKs Overtime For Highly Paid Rig Worker

    The en banc Fifth Circuit has determined that a highly paid rig worker is entitled to overtime compensation, agreeing with a December panel ruling and rejecting arguments from the energy industry that its economic vitality depends on the opposite result.

  • September 10, 2021

    Ga. Judges Reject Messer Appeals In Chicken Factory Cases

    The Georgia Court of Appeals on Friday shut down requests from global gas giant Messer to review orders from two trial judges that denied the company's attempts to consolidate a handful of related lawsuits over the deaths and injuries of Georgia chicken factory workers.

  • September 10, 2021

    11th Circ. Kills Pension Fund Worker's Bid To Rehear Bias Suit

    The Eleventh Circuit won't rehear its ruling that hostile work environment claims against Retirement Systems of Alabama didn't rise to the level of a Title VII Civil Rights Act case and were properly dismissed.

  • September 10, 2021

    Howard & Howard Settles Summer Intern's Gender Bias Suit

    Howard & Howard Attorneys PLLC has reached a settlement with a former summer associate who sued the firm in Illinois federal court, saying she faced sexism and "bizarre bullying tactics" before the firm failed to hire her full time.

Expert Analysis

  • Opinion

    NCAA Overhaul Needed After High Court Amateurism Ruling

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    Following the U.S. Supreme Court's Monday ruling that the NCAA's limits on education-related benefits for college athletes violate antitrust law, the NCAA should take a proactive approach to changing its compensation framework to stay ahead of an avalanche of future litigation and legislation, say Joseph Kish and Jordan Rosenberg at Segal McCambridge.

  • Navigating Inadvertent Attorney-Client Privilege Waivers

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    Spencer Fane’s Deena Duffy offers tips for identifying accidental privilege waivers based on local and federal rules, and for interpreting recent case law when such rules are unclear.

  • Attorneys Beware: Zoom Depositions Are Likely Inadmissible

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    As legal proceedings have moved online in light of the pandemic, lawyers may mistakenly believe that recorded Zoom video depositions can be entered as evidence, but without certain safeguards, the testimony is unlikely to be accepted by courts, says Phillip Zisook at Schoenberg Finkel.

  • How Attorneys Can Reach Claimants In Today's Comms Era

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    Communicating with clients can be challenging for plaintiffs attorneys due to barriers posed by the current onslaught of unwanted calls, work schedules and other factors, but certain best practices can help, say Scott Heisman and Kimberly Lavin at Verus.

  • Summer Brings 'Working Vacation' Issues For Employers

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    In this brief video, attorneys at Baker McKenzie discuss how companies can best serve workers seeking to travel and engage in remote work this summer, and address the wide variety of employment and immigration law considerations.

  • Contract Rights Vs. Patent Invalidity: 2 Key Cases To Watch

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    Depending on how the Federal Circuit and U.S. Supreme Court balance private contractual rights and public policy to void invalid patents in two pending cases, practitioners may have to test new ways of protecting patents from challengers who already received contractual benefits, say Howard Susser and Eric Kaviar at Burns & Levinson.

  • Opinion

    NJ Fed. Court Should Ditch Litigation Funding Disclosure Plan

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    The District of New Jersey's wide-reaching proposal to require automatic disclosure of third-party litigation finance poses several problems for attorneys and litigants alike and should be nipped in the bud, say Sarah Williams and Marlon Becerra at Validity Finance.

  • Law Firm Talent Must Reflect Shifting US Demographics

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    Stephanie Scharf at Scharf Banks and Roberta Liebenberg at Fine Kaplan analyze and project U.S. demographic trends to show that law firms that hope to succeed long-term must recruit, retain and advance female lawyers and lawyers of color, and they outline six steps for meeting these goals.

  • OSHA Considerations For Preventing Workplace Violence

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    As workplace violence disturbingly trends upward, employer compliance with Occupational Safety and Health Administration obligations begins with crafting and revising a strong zero-tolerance violence prevention policy to cover all workers, patients, clients, visitors, contractors and anyone else who may come in contact with the employer's personnel, say Dove Burns and Alexandra Simels at Obermayer Rebmann.

  • Employer Challenges After New OSHA Virus Guidance

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    The Occupational Safety and Health Administration’s recently updated COVID-19 guidance for non-health care industries describes protocols for protecting unvaccinated workers, but employers may face challenges in addressing issues the new advice fails to cover and adapting it to their unique workplace needs, says Gabrielle Sigel at Jenner & Block.

  • 5 Steps For A Successful SEC Whistleblower Tip — And Award

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    The U.S. Securities and Exchange Commission recently paid out some of the highest awards in its whistleblower program's 10-year history, offering a road map on how to file a tip that maximizes the likelihood of securing an award, say Matthew Stock and Jason Zuckerman at Zuckerman Law.

  • A Biz Strategy Model To Improve Lateral Atty Hiring Diversity

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    Quantitative comparison tools commonly used by companies in evaluating merger targets will allow law firms to assess lateral hire candidates in a demographically neutral manner, help remove bias from the hiring process and bring real diversity to the legal profession, says Thomas Latino at Florida State University.

  • What New FAA Pilot Records Rule Means For Flight Operators

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    The Federal Aviation Administration's recently issued regulations establishing a new pilot records database should help keep unqualified pilots out of the cockpit, but they may also significantly expand the record retention and reporting burden for some flight operators, say Christopher Younger and James Janaitis at Crowell & Moring.

  • Pa. No-Hire Pact Ruling Holds Hidden Noncompete Lesson

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    The Pennsylvania Supreme Court’s recent decision that a no-hire agreement between businesses was unenforceable in Pittsburgh Logistics Systems v. Beemac Trucking creates uncertainty for the use of such pacts, but a closer look at the case reveals a more important takeaway concerning the use of employee noncompetes to protect business interests, says Paul Greco at Fisher Phillips.

  • Smaller Firms Need Employee Wellness Programs, Too

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    As we emerge from the pandemic, small and midsize firms — which offer an ideal setting for companywide connection — should follow in the footsteps of larger organizations and heed the American Bar Association’s recommendations by adopting well-being initiatives and appointing a chief wellness officer, says Janine Pollack at Calcaterra Pollack.

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