Employment

  • June 10, 2021

    Serta Says Mattress Exec Jumped Into Bed With Younger Rival

    Mattress manufacturer Serta Simmons Bedding LLC has sued rival Purple Innovation Inc. claiming that it poached a regional vice president responsible for more than $120 million in annual sales for a competing leadership role.

  • June 10, 2021

    DOL Issues Long-Awaited COVID-19 Safety Rule

    The Labor Department's Occupational Safety and Health Administration on Thursday issued a highly anticipated emergency rule that sets workplace safety parameters for employers in the health care sector for the duration of the COVID-19 pandemic.  

  • June 09, 2021

    Braziel Dixon's Missteps Spur Trimmed Fees In FLSA Win

    A Colorado federal judge has docked a request for attorney fees by more than $47,000 by the Braziel Dixon LLP team that secured a win for an oil worker in a Fair Labor Standards Act suit against his employer, ruling that the firm's rates were "not reasonable" in light of a few missteps it made in the case.

  • June 09, 2021

    Judge Says Some Amazon Worker Classes Should Get Cert.

    A California federal magistrate judge on Tuesday recommended certifying some but not all of the proposed classes of thousands of Golden State workers in a sprawling consolidated action accusing Amazon of failing to adequately pay them and provide breaks.

  • June 09, 2021

    8th Circ. Vacates Judge's Order In Panera Non-Compete Fight

    The Eighth Circuit has vacated a decision by a Missouri district court ordering Panera to litigate the enforcement of its non-compete agreements in Delaware in a suit involving three former information technology employees who allegedly broke their agreements with the restaurant chain when they were hired by a competitor.

  • June 09, 2021

    NCAA Prez Hints Antitrust Suits Slowed Name, Image Reforms

    NCAA president Mark Emmert told federal lawmakers Wednesday "no good deed goes unpunished" in asking for limited antitrust protection to implement rules to allow athletes to benefit monetarily from their names, images and likenesses, noting the organization is already facing at least two lawsuits over its proposals to change such rules.

  • June 09, 2021

    Elizabeth Holmes' Privilege Loss 'A Cautionary Tale,' Attys Say

    Ex-Theranos CEO Elizabeth Holmes' recent attorney-client privilege loss in a pretrial dispute over her communications with Boies Schiller Flexner LLP serves as "a cautionary tale" to corporate attorneys that the predominant legal standard disfavors executives and that it's incumbent on lawyers to make clear who their clients are, according to legal experts.

  • June 09, 2021

    Wardman Hotel OK'd For Ch. 11 Auction Over Union Objection

    A Delaware bankruptcy judge Wednesday approved plans to put Washington's Wardman Park Hotel up for auction in July, overriding concerns by the hotel's unions that bidders won't have enough information on the contract obligations they may be taking on.

  • June 09, 2021

    House Dems Move On Highway Bill As Biden-GOP Talks Stall

    A U.S. House of Representatives panel forged ahead with Democrats' $547 billion surface transportation funding bill during an all-day markup session Wednesday that showcased deep partisan divides on infrastructure investment, a day after President Joe Biden's negotiations with Republicans on his sweeping American Jobs Plan broke down.

  • June 09, 2021

    CNX Seeks To Duck Ex-Exec's FLSA Retaliation Claim

    Natural gas company CNX Resources sought to toss former Consol Energy executive Katherine Fredriksen's retaliation claim from Pennsylvania state court, arguing it was the coal-focused Consol that fired her after the companies split up in 2017.

  • June 09, 2021

    USTR Advances Union-Led Mexico Labor Complaint

    The Biden administration found that workers at a Mexican auto parts facility are being denied basic labor rights Wednesday, advancing a union-led complaint filed last month that will test the U.S.-Mexico-Canada Agreement's enforcement tools.

  • June 09, 2021

    Ex-Fox Rothschild Atty's Bias Suit Sent To Mediation

    A former Fox Rothschild LLP attorney's lawsuit alleging she was fired due to her pregnancy has been sent to mediation, according to a notice filed in New Jersey state court on Wednesday.

  • June 09, 2021

    6th Circ. Says Retired Cops Were Still Owed Health Coverage

    Kentucky's retirement system for state workers shouldn't have yanked health care coverage from five former police officers who retired from the force but then got jobs with state agencies, the Sixth Circuit ruled.

  • June 09, 2021

    Health Care Sales Pro Gets 4½ Years For $10M Investor Scam

    A Manhattan federal judge hit a health care sales executive with over 4½ years in prison Wednesday for assisting his former boss in a Ponzi-like fraud that cost their employee-investors nearly $10 million.

  • June 09, 2021

    Attys Score $1.1M Payday From $1.8M Jimmy John's OT Deal

    An Illinois federal judge on Tuesday gave his final blessing to a roughly $1.8 million settlement resolving claims that Jimmy John's unlawfully misclassified a group of managers as overtime-exempt, and awarded $1.1 million in attorney fees for the managers' counsel.

  • June 09, 2021

    NJ Justices Allow Disability Claim Without Adverse Job Action

    The New Jersey Supreme Court has declared that workers don't have to show their job conditions worsened to pursue state Law Against Discrimination claims that employers did not accommodate their disabilities, handing a victory to a diabetic teacher in her suit against school officials over a fainting episode that left her with "life-altering" injuries.

  • June 09, 2021

    Fired Atty Accuses Texas Firm Of Pregnancy And Race Bias

    A Black attorney has accused a Texas litigation firm of discriminating against her by refusing to let her work from home when she experienced pregnancy complications and ultimately firing her, despite allowing a non-Black attorney who gave birth to work remotely.

  • June 09, 2021

    DOL Sec. Walsh Will Face Ex-Employee's Wrongful Firing Suit

    U.S. Department of Labor Secretary Marty Walsh and the city of Boston will have to face part of a suit filed by a former city employee who claims the then-mayor led a biased sexual harassment investigation against him in order to eliminate a political rival.

  • June 08, 2021

    Detainees' 'Payroll' Line Item Isn't Payroll, Jury Told

    Jurors in a trial over $1 daily wages for ICE detainees heard Tuesday that site operator GEO Group listed detainees' work shifts as 'payroll' because that's how ICE kept track of things, not because the detainees were doing actual work subject to minimum-wage laws.

  • June 08, 2021

    McDonald's Gets Black Franchisees' Race Bias Suit Trimmed

    An Illinois federal judge on Tuesday permanently dismissed two Black McDonald's franchisees' claims that the fast food giant unlawfully steered them to economically challenged areas, but said their discrimination claims can proceed if they add more specifics.

  • June 08, 2021

    IJs Ask Garland To End Union Decertification Fight

    The National Association of Immigration Judges sent a letter Monday to Attorney General Merrick Garland asking him to withdraw a petition to decertify the union in a fight that started during the Trump administration.

  • June 08, 2021

    NFL-Union Panel To Fund $1M In Studies Of Pot For Pain

    The NFL and NFL Players Association joint pain management committee said Tuesday it was funding grants totaling up to $1 million to support research for alternatives to opioids for pain treatment, including cannabis and CBD, with the group's lead doctor saying the effectiveness of cannabis for treating pain needs more scientific study.

  • June 08, 2021

    Senate Passes Massive Tech, Trade Bill Aimed At China

    The Senate on Tuesday approved a major bipartisan bill meant to fuel technological and economic competition with China with trade provisions and around $200 billion in funding for semiconductors, telecom equipment and scientific research.

  • June 08, 2021

    Jurors Told Ga. Worker Paid Less Over Location, Not Gender

    A Georgia company that paid its Atlanta-based regional manager less than her male counterpart in California told jurors in a Georgia federal court Tuesday that it was because of where she worked, not her gender.

  • June 08, 2021

    How The Manhattan DA Hopefuls Stack Up On Financial Crime

    Criminal justice reform has been a key battleground in the race to replace outgoing Manhattan District Attorney Cyrus Vance Jr., but many in the crowded Democratic field are also vowing a more robust approach to combating financial crime, placing greater emphasis on offenses such as wage theft and eying changes to the office structure itself.

Expert Analysis

  • Weighing Ability To Pay Criminal Fines Amid FCPA Crackdown

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    As Foreign Corrupt Practices Act enforcement is expected to increase under the Biden administration, companies facing scrutiny should assess the reasonableness of fines in the context of their capacity to continue operations, and the potential impacts of filing an inability-to-pay claim, say analysts at Charles River Associates.

  • Pa. Tax Talk: Takeaways From 2 Commonwealth Court Rulings

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    A Pennsylvania appellate court's recent decision in Good Shepherd Rehabilitation v. Allentown sets a positive precedent for other nonprofits subject to Allentown's aggressive tax position, and its recent decision in Mandler v. Commonwealth offers a reminder that some taxes, including payroll withholding taxes, are never dischargeable in bankruptcy, says Jennifer Karpchuk at Chamberlain Hrdlicka.

  • Firms Should Use Surveys To Make Smart Legal Tech Choices

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    The utility of legal technology innovations may be limited without clear data and objectives from the outset, but targeted surveys can provide specific insights that enable law firms to adopt the most appropriate and efficient tech solutions, says Tim Scott at Frogslayer.

  • Mass. Ruling Highlights Exec Employment Pact Pitfalls

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    A Massachusetts court’s recent decision that a job offer letter was not enforceable as a contract in Moore v. LGH Medical reminds employers and executives to avoid reliance on ambiguous representations in written or oral negotiations, say Brian MacDonough and Nancy Shilepsky at Sherin and Lodgen.

  • Don't Forget Due Diligence In Race For Lateral Associate Hires

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    Amid high demand for associates and aggressive competition to attract talent, law firms should take three key steps to conduct meaningful prehire due diligence and safeguard against lateral hiring mistakes that can hurt their revenue and reputation, says Michael Ellenhorn at Decipher.

  • China Trade Secret Ruling Shows US Cos. Path To Protection

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    The high court of China recently upheld a record $25 million award against Wanglong Group for theft of vanillin trade secrets, joining several pro-plaintiff legal developments that illustrate why U.S. companies should utilize the jurisdiction when suing Chinese defendants, say attorneys at Winston & Strawn and YuandaWinston.

  • 2 Paths To Green Cards For Employment-Based Immigrants

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    In light of immigration policy changes by the Biden administration and pandemic-related consular processing delays, Cynthia Perez and Douglas Halpert at Hammond Neal lay out the pros and cons of two procedural paths to lawful permanent resident status for employment-based immigrants.

  • Addressing Environmental Justice As Part Of ESG Initiatives

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    Recent calls for racial equity and government regulators' increasing focus on social and environmental concerns make this a good time for companies to integrate environmental justice into their environmental, social and governance efforts, say Stacey Halliday and Julius Redd at Beveridge & Diamond, and Jesse Glickstein at Hewlett Packard.

  • Lessons In Civility From The Alex Oh Sanctions Controversy

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    Alex Oh’s abrupt departure from the U.S. Securities and Exchange Commission and admonishment by a D.C. federal judge over conduct in an Exxon human rights case demonstrate three major costs of incivility to lawyers, and highlight the importance of teaching civility in law school, says David Grenardo at St. Mary's University.

  • Maritime Worker Injury Claims After 5th Circ. Welder Ruling

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    While the Fifth Circuit recently held in Sanchez v. Smart Fabricators that an injured offshore welder could not pursue damages under the Jones Act, certain maritime workers may be able to pursue comparative claims under a longshoremen workers' compensation statute or the Sieracki doctrine, says Grady Hurley at Jones Walker.

  • Opinion

    Biz Record Admissibility Rule Must Adapt To An ESI World

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    The federal rule that permits the use of business records as evidence must be amended to address the unreliability of electronically stored information and inconsistent court frameworks on email admissibility, say Josh Sohn and Nadia Zivkov at Stroock.

  • Pandemic-Era Jury Trial Innovations May Be Here To Stay

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    Many jurisdictions are resuming in-person jury trials, but certain technology-enabled efficiencies could outlast the pandemic and represent lasting changes for the way pretrial proceedings and courtroom presentations take place, says Stuart Ratzan at Ratzan Weissman.

  • Pa. Justices' Ruling Presents Big Hurdles For No-Poach Pacts

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    The Pennsylvania Supreme Court’s recent opinion that an employer no-poach agreement was unenforceable in Pittsburgh Logistics Systems v. Beemac Trucking will make future use of such contracts between businesses difficult, and seems to lean heavily toward an outright ban, says attorney Joseph Lincoln.

  • Incentivizing Customers In States Banning Vaccine Passports

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    As several states make vaccine passports illegal, businesses that want their customers vaccinated should try incentives rather than making services conditional, which could run afoul of anti-discrimination laws, say Chase Hattaway and Michael Tessitore at Rumberger Kirk.

  • Series

    Judging A Book: Rodriguez Reviews 'When Machines Can Be Judge'

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    Katherine Forrest's new book, "When Machines Can Be Judge, Jury, and Executioner," raises valid transparency concerns about artificial intelligence tools used by judges when making bail and sentencing decisions, but her argument that such tools should be rejected outright is less than convincing, says U.S. District Judge Xavier Rodriguez of the Western District of Texas.

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