Employment

  • July 01, 2020

    Convergys Can't Duck Ex-Worker's FMLA Termination Suit

    A Utah federal judge has let a former Convergys worker's wrongful termination suit move forward, ruling there was a question as to whether the employee voluntarily resigned or had her Family and Medical Leave Act rights violated after undergoing treatment for a kidney stone.

  • July 01, 2020

    Calif. Says Cisco Allowed Indian Caste-Based Discrimination

    Cisco Systems failed to take action against unlawful job discrimination being leveled at one of its employees in California based on India's centuries-old caste system, California's Department of Fair Employment and Housing said in a lawsuit filed Tuesday.

  • July 01, 2020

    Ex-Jones Day Attys Call Firm's 'Malicious Attacks' Unlawful

    The married former Jones Day associates suing the firm over its family leave policy want to beef up their lawsuit with retaliation claims based on "highly personal and malicious attacks" the legal powerhouse leveled against them in a public statement last year.

  • July 01, 2020

    Steris Corp. Beats Age And Disability Bias Case At 11th Circ.

    The Eleventh Circuit has refused to revive a former longtime Steris Corp. employee's lawsuit claiming he was canned because of his age and disability, saying the ex-worker himself admitted he had serious performance issues.

  • June 30, 2020

    Weinstein To Pay $19M To End Accusers' Class Action

    Hollywood producer and convicted rapist Harvey Weinstein, along with some of his companies and associates, has agreed to pay nearly $19 million to end a putative class action alleging that he sexually harassed and abused dozens of women, the women said Tuesday in New York federal court.

  • June 30, 2020

    UAW Mulls Independent Oversight In Wake Of Embezzlement

    United Auto Workers President Rory Gamble and the federal prosecutor overseeing an investigation into a $1 million embezzlement scheme involving high-ranking union officials say they are considering bringing in a third party to oversee future labor agreements.

  • June 30, 2020

    Telemundo, NBC, Comcast Hit With Sex Harassment Suit

    A former account executive for Telemundo said she suffered years of sexual harassment at the hands of her superiors and that she was forced to work while on medical leave following spinal surgery, according to a complaint filed Tuesday in Florida federal court.

  • June 30, 2020

    Kasowitz Faces 3rd Suit Alleging Partner Was Wrongly Fired

    A former "rainmaker" for Kasowitz Benson Torres LLP followed two ex-partners in suing the firm over an allegedly wrongful firing, claiming Kasowitz brought him on with promises of lucrative business opportunities only to ditch him when he began suffering from mental illness.

  • June 30, 2020

    Calif. Appeals Court Revives 99 Cents Workers' Cert. Bids

    A split California appellate court on Tuesday revived certification bids for two putative classes of 99 Cents Only Stores workers, ruling the trial court should have closely scrutinized 174 signed employee declarations produced by the retail giant stating the company did not commit labor code violations against graveyard shift workers.

  • June 30, 2020

    3 Developments As HHS Officials Paint Dark Pandemic Picture

    Leading public officials on Tuesday warned U.S. senators that COVID-19 infections could soar to previously unthinkable heights if Americans fail to take the disease seriously, and they raised the specter of the pandemic lasting longer because of an alarming distrust in vaccines.

  • June 30, 2020

    Asylum, Work Permits Targeted In Trump's Election Year Plan

    The Trump administration is aiming to slash asylum and limit deportation relief as the November presidential election nears, while continuing to pursue plans to restrict highly skilled immigration into the U.S.

  • June 30, 2020

    SEC Urged To Upgrade Disclosures On COVID-19, Diversity

    Market participants on Tuesday urged U.S. Securities and Exchange Commission officials to improve consistency in public company disclosures on matters ranging from how the pandemic is impacting operations to how businesses are addressing social concerns like diversity, so investors can make apples-to-apples comparisons among different companies.

  • June 30, 2020

    Ex-Judge Accused Of Being Drunk On Job Must Beef Up Suit

    A former Newark municipal judge must file a revised suit if she wants to pursue allegations that she was wrongfully fired and discriminated against amid false accusations of being drunk on the job, a New Jersey federal court ruled.

  • June 30, 2020

    EEOC Rule To Revamp 'Conciliation' Process Is On Horizon

    The U.S. Equal Employment Opportunity Commission is prepping a regulatory overhaul of its pre-suit process for settling allegations of bias against employers, according to the Trump administration's latest regulatory agenda.

  • June 30, 2020

    Worker's Family Pushes To Keep Virus Death Suit In Pa. Court

    The family of a Philadelphia-area meatpacking plant worker who died of COVID-19 wants its case against his employer moved back to state court, arguing its wrongful-death claims are not barred by workers' compensation law or a federal executive order governing the food supply chain.

  • June 30, 2020

    6th Circ. Revives ADA Bias Suit Over Noncancerous Condition

    The Sixth Circuit on Tuesday revived a wrongful firing suit from a former administrative assistant for an Ohio day care facility, ruling that her gene mutation and abnormal cell growth might have qualified as a disability under federal law even though she didn't have cancer.

  • June 30, 2020

    Uber Wins Trim Of Sick Leave Claim From Wage Class Action

    A California federal judge on Tuesday trimmed Uber drivers' sick leave claim from a putative class action alleging the ride-hailing giant deprived drivers of benefits by misclassifying them as independent contractors, but declined to dismiss other claims and gave drivers a chance to bolster the sick leave allegation.

  • June 30, 2020

    6th Circ. To Hear GM's Bid To Oust Judge In RICO Bribes Fight

    The Sixth Circuit has agreed to consider General Motors' request to remove a Michigan judge who abruptly ordered its CEO to negotiate an end to GM's allegations that Fiat Chrysler bribed senior auto workers union officials to corrupt the collective bargaining process and disadvantage rival carmakers.

  • June 30, 2020

    What You Need To Know As NAFTA 2.0 Takes Effect

    After more than 26 years on the books, the North American Free Trade Agreement is being replaced by the Trump administration’s updated accord with Canada and Mexico, bringing with it a bevy of new challenges for companies operating in the region. Here, Law360 breaks down all you need to know about the new trade deal taking effect Wednesday.

  • June 30, 2020

    5th Circ. Won't Revive FedEx Pilot's Suit Over Flight Safety

    The Fifth Circuit on Tuesday refused to revive a FedEx pilot's complaint with the U.S. Department of Labor's Occupational Safety and Health Administration that alleged FedEx violated air-carrier-safety whistleblower protection laws by failing to take seriously his concerns about the potential for terrorists to attack cargo planes.

  • June 30, 2020

    Uber Drivers Ask 1st Circ. For Employee Status Via Injunction

    An Uber driver told the First Circuit on Tuesday that the company's practice of classifying drivers as independent contractors flouts Massachusetts wage laws, diminishes labor standards and strains the state's social safety nets, all of which justify granting drivers employee status through an injunction.

  • June 30, 2020

    New Guidance On In-Person Union Elections Coming Soon

    The National Labor Relations Board's top attorney said Tuesday's he's readying new guidance for safely staging union elections during the pandemic, signaling the possible return of in-person voting months after the board largely pivoted to mail-ballot elections.

  • June 30, 2020

    Instacart Sues To Block Seattle's Gig Worker Hazard Pay

    Instacart and a food retailer trade group sued Seattle on Monday in Washington state court to block a new ordinance requiring coronavirus hazard pay for gig delivery workers, arguing it violates a state law that aims to keep the cost of food low by prohibiting charges for the transportation of groceries.

  • June 30, 2020

    CBS Seeks To Trim Injured Reporter's Age Discrimination Suit

    ViacomCBS Inc. asked a Pennsylvania federal court Monday to cut swaths of an injured KDKA-TV reporter's age discrimination lawsuit, claiming the complaint was larded with accounts of CBS' alleged mistreatment of other employees and that some of the reporter's claims were still working their way through state administrative remedies.

  • June 30, 2020

    2nd Circ. Sinks Airport Hotel Challenge To Chef's $1M OT Win

    The operator of a hotel near New York's John F. Kennedy International Airport can't escape paying an ex-chef more than $1 million in his suit claiming he was shorted on overtime, after the Second Circuit refused Tuesday to "second-guess" the lower court's finding that he qualified for the pay. 

Expert Analysis

  • USMCA's Labor Dispute Tool Raises Hurdles For Mexican Cos.

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    The U.S.-Mexico-Canada Agreement’s new mechanism for ensuring compliance with Mexico’s labor reforms poses unique challenges for Mexican companies, which now bear the burden of demonstrating that workers' rights are effectively protected, say attorneys at Akin Gump.

  • Employers More Likely To Fight Visa Denials Amid Pandemic

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    In the past, employers would commonly refile when U.S. Citizenship and Immigration Services denied employee visa petitions, but pandemic-related travel bans and suspended visa processing have made challenging such denials more attractive, say Lynn O'Brien and Kane Vongsavanh at Berry Appleman.

  • Cybersecurity Steps For Law Firms Amid Heightened Risks

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    With large swaths of the population indoors and primarily online, cybercriminals will be able to exploit law firms more easily now than ever before, but some basic precautions can help, says Joel Wallenstrom at Wickr.

  • Borrower Insights For Maximizing PPP Loan Forgiveness

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    Mike Miller and Kathryn Hesman at Moore & Van Allen explore the permitted forgivable uses of Paycheck Protection Program funds for entity borrowers, the process of applying for loan forgiveness, and best practices for maximizing that forgiveness.

  • 4 Tips For Defending Consolidated Cases

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    Consolidation of plaintiffs may be a trend we'll see more of in the aftermath of COVID-19 court closures, with added risks for those defending such cases before a jury, but running a targeted voir dire and incorporating a strong case theme could go a long way, says Christina Marinakis at Litigation Insights.

  • Calif. Employment Cases Actually Favor Summary Judgment

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    A review of published California appeals court opinions suggests summary judgment remains disfavored in employment cases, but considering unpublished rulings as well shows the vast majority have affirmed the remedy, say Scott Dixler and Sarah Hamill at Horvitz & Levy.

  • An Employer's Guide To ADA Obligations During COVID-19

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    As worker failure-to-accommodate claims under the Americans with Disabilities Act proliferate during the pandemic, Natalia Delaune and Efrat Schulman at Jones Day provide practical guidance on compliance and employee screening.

  • Opinion

    It's Time For Law Firms To Support Work-From-Home Culture

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    Now that law firms are on board with fully remote work environments, they must develop policies that match in-office culture and align partner and associate expectations, says Summer Eberhard at Major Lindsey.

  • Harassment Ruling Doesn't Clear Cos. Of All Worker Conduct

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    The Third Circuit’s recent opinion in Yucis v. Sears Outlet Stores shows that companies are not always liable for an employee’s sexual harassment of a customer, but courts can still find vicarious liability when one of five factors is satisfied, says Melissa Legault at Squire Patton.

  • Opinion

    Republicans Keep Confirming Unqualified Judicial Nominees

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    What emerges from the group of 200 federal judges confirmed by the Senate under President Donald Trump is a judiciary stacked with young conservative ideologues, many of whom lack basic judicial qualifications, says Sen. Dianne Feinstein, D-Calif., ranking member of the Senate Judiciary Committee.

  • 7 Things To Know When Bringing Employees Back To Work

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    Arlene Switzer Steinfield at Dykema explains the latest reopening guidelines from the Centers for Disease Control and Prevention, how employers can determine which workers to recall, whether pay and benefits can be changed, and more.

  • Tips For Crafting The Perfect Law Firm Alert

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    As lawyers have had more time to write in recent weeks, the number of law firm alerts has increased massively, but a lot of them fail to capture readers and deliver new business, says Richard Torrenzano at The Torrenzano Group.

  • 'Independent Economic Value' Crucial In Trade Secret Cases

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    In the wake of the pandemic, high turnover in the job market combined with preexisting filing trends may provide the perfect recipe for historic levels of trade secret litigation, and attorneys who do not understand the meaning of independent economic value could see their case end before it even begins, say attorneys at McKool Smith and analysts at Stout.

  • Series

    Judging A Book: Elrod Reviews 'Shortlisted'

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    Renee Knake Jefferson and Hannah Brenner Johnson's new book, "Shortlisted: Women in the Shadows of the Supreme Court," is a service to an overlooked group of nine women who were considered for the U.S. Supreme Court before Justice Sandra Day O'Connor was confirmed, and offers constructive tips for women looking to break through the glass ceiling, says Fifth Circuit Judge Jennifer Elrod.

  • Mandatory State Bars Likely To Remain Intact, For Now

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    A Texas federal judge’s recent holding in McDonald v. Sorrels that mandatory bar memberships do not violate members' constitutional rights indicates that such requirements survive the U.S. Supreme Court's 2018 decision in Janus, but it may mean that the Supreme Court will address the issue in the not-too-distant future, say Majed Nachawati and Misty Farris at Fears Nachawati.

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