Employment

  • July 01, 2022

    Breaking Down The Vote: The High Court Term In Review

    The overturning of a long-standing precedent, the surprising leak of a draft opinion and the announcement of Justice Stephen Breyer's retirement all made for a tumultuous term at the U.S. Supreme Court. Here, Law360 takes a data dive into the numbers behind this court term.

  • July 01, 2022

    Top Gov't Contracting Policies Of 2022: Midyear Report

    The White House and federal agencies introduced several high-profile policies at the intersection of labor and procurement issues during the first half of 2022. Here, Law360 looks at six prominent areas of policy changes and proposals so far this year in government contracting.

  • June 30, 2022

    Ex-Hedge Fund Star Awarded $52M In Defamation Arbitration

    D.E. Shaw & Co. on Wednesday was ordered to pay its former managing director Daniel Michalow $52 million following arbitration in which he lobbed defamation and gender discrimination claims against the prominent hedge fund, according to a Financial Industry Regulatory Authority filing.

  • June 30, 2022

    NJ Allowed To Cancel Atlantic City Arbitration Award

    A New Jersey law giving the state oversight of localities in financial distress also gives the Garden State the power to vacate an arbitration award in a dispute between Atlantic City and law enforcement, a state appellate court ruled Thursday.

  • June 30, 2022

    Thomas Dissents On Denial Of NY Health Worker Vax Case

    Even though the U.S. Supreme Court shot down New York health care workers' challenge to a COVID-19 vaccine requirement, three justices disagreed, with Justice Clarence Thomas saying there was "considerable confusion" over mandates like the Empire State's.

  • June 30, 2022

    CFPB Scraps Earned-Wage Access Co.'s 'Sandbox' Approval

    The Consumer Financial Protection Bureau on Thursday rescinded a Trump-era regulatory waiver approval for earned-wage access provider PayActiv Inc., granting what the agency said was a company request for termination amid changes to its fee structure and a brush with enforcement officials.

  • June 30, 2022

    Cushman-Newmark Merger Could Spur Uptick In Conflicts

    A rumored merger between commercial real estate companies Cushman & Wakefield PLC and Newmark Group will likely create additional deals conflicts as well as employee shakeups, yet while the deal involves two brokerage powerhouses, some experts say the matter is unlikely to face antitrust hurdles.

  • June 30, 2022

    Prior Settlement Doesn't Nix Wage Claims, Calif. Justices Say

    A nurse can still sue a hospital for wage and hour violations after settling similar labor claims against the staffing agency that hired her, the California Supreme Court ruled Thursday, saying the two entities are not directly connected.

  • June 30, 2022

    NJ Casino Workers Ready To Strike Over Wage Impasse

    New Jersey casinos owned by Caesars Entertainment, MGM Resorts and Hard Rock International are in danger of losing millions of dollars and a workforce just ahead of the July Fourth holiday weekend, an Atlantic City-based labor union said Thursday, as 6,000 employees prepare to strike for better wages by a Friday deadline if a deal isn't reached.

  • June 30, 2022

    Fed. Circ. Sides With Veteran Seeking Pay For Secondary Pain

    An Air Force veteran with job-related hearing loss can seek higher disability pay after the Federal Circuit ruled that a lower court erred in denying that his ear pain, caused by hearing devices, was connected to his service.

  • June 30, 2022

    Trade Court Backs Denial Of Benefits To Ex-AT&T Workers

    The U.S. Court of International Trade upheld the U.S. Department of Labor's denial of benefits to former AT&T workers Thursday, ruling that the agency made clear that its decision was driven by verified statements from the company.

  • June 30, 2022

    Keurig Says Exec Who Joined Rival May Spill Tea On Strategy

    Keurig is suing a former top executive who left to work for kitchen appliance rival SharkNinja, arguing he violated various employment agreements by joining a competitor and allegedly taking confidential and proprietary information with him that "would be extremely useful" to his new employer.

  • June 30, 2022

    Ex-Ga. Judge Can't Avoid Computer Hacking Charges

    A former Georgia state judge must face criminal computer hacking charges because her contention that they constitute impermissible double jeopardy was raised too late, the Georgia Court of Appeals held Thursday.

  • June 30, 2022

    Amazon Quota OK For Tom Brady, Judge Says In Age Suit Ax

    A California federal magistrate judge has dismissed a proposed class action claiming Amazon imposed onerous work quotas that discriminate against workers over 40, saying the allegations assume no one over 40 can meet those quotas, but "if Tom Brady worked at this Amazon warehouse, he would not be adversely impacted."

  • June 30, 2022

    Pollock Cohen, Ex-Atty Resolve Settlement Payment Spat

    A dispute over settlement payments between an attorney and Pollock Cohen LLP has been dismissed from federal court after the parties reached a settlement.

  • June 30, 2022

    6th Circ. Says 20-Year Delay Dooms Home Depot Bonus Suit

    A Home Depot manager sat for too long on claims that the company cheated him out of a bonus that was allegedly promised to him in exchange for taking the fall in the wake of a racial discrimination investigation, the Sixth Circuit held.

  • June 30, 2022

    NJ High Court Restores Union Carbide Asbestos Verdict

    The New Jersey Supreme Court on Thursday reinstated a $2.38 million verdict against a Dow Chemical unit in an asbestos liability case, finding the company didn't do enough to warn employees about its product risks by telling employers and hoping the message trickled down.

  • June 30, 2022

    Doc Who Misgendered Patients Loses Dismissal Appeal

    A doctor fired for refusing to use transgender patients' names and preferred pronouns was rightfully dismissed despite expressing a belief protected by U.K. law, an appeals tribunal has ruled, saying judges could distinguish between his beliefs and how they manifested at work.

  • June 30, 2022

    Staffing Co. Says No New Classes Belong In Fla. Wage Suit

    A staffing company urged a Florida federal judge to reject its day laborers' bid to certify two additional classes in litigation alleging the business overcharged workers for transportation to job sites and failed to pay them for time waiting for assignments, saying the judge's initial holding was correct.

  • June 30, 2022

    Norton Rose Fulbright Names New Employment, Tax Heads

    Norton Rose Fulbright has reshuffled the leadership of its employment and tax practices, respectively promoting the head of the firm's Houston office and its head of tax for Europe, the Middle East and Africa to the top roles.

  • June 30, 2022

    Justices Reject Airline Group's Wash. Sick Leave Law Fight

    The U.S. Supreme Court on Thursday declined to hear the U.S. airline industry's challenge to a Ninth Circuit ruling that cleared the way for Washington state to enforce its paid sick leave law against airlines.

  • June 30, 2022

    High Court Won't Hear Truckers' Challenge To Calif. AB 5 Law

    The U.S. Supreme Court said Thursday it won't review whether a federal law regarding motor carriers' prices, routes or services preempts a controversial California worker classification law, killing the chance of a ruling that the petitioners said could impact hundreds of thousands of trucking owner-operators.

  • June 29, 2022

    Wells Fargo Faces Top Dem's Wrath, Investor Suit Over Hiring

    Wells Fargo has been hit with a proposed investor class action tied to allegations that the bank conducted fake job interviews to satisfy internal diversity guidelines, a claim that is also fueling a top Democratic lawmaker's call for a regulatory crackdown on the bank to end its "pattern of bad behavior."

  • June 29, 2022

    Feds Say Customer Service Rep Stole $88M In Software Codes

    Prosecutors in Oklahoma say a customer service representative working at a workplace telephone tech company secretly sold at least $88 million of the company's licensed software through an unauthorized reseller that eventually became one of the largest dealers of the company's software in the world.

  • June 29, 2022

    Chick-Fil-A Branch Wrongly Fired Harassed Worker, Suit Says

    An Atlanta-area Chick-Fil-A franchise allegedly fired a transgender worker after she complained about a co-worker hitting on her, with the worker saying in her complaint the franchise owner told her she should be honored that "being a transgender woman, that someone liked her enough to hit on."

Expert Analysis

  • Justices' Airline Ruling Bolsters Arbitration Course Correction

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    The U.S. Supreme Court’s decision last week in Southwest v. Saxon, together with its May ruling in Morgan v. Sundance, limits the reach of mandatory arbitration and sends a strong message to the federal judiciary, with potentially broad applications in the employment context, says University of Denver professor and Outten & Golden counsel Nantiya Ruan.

  • 2 New Defenses To Federal Shareholder Derivative Claims

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    Increasingly, plaintiffs are bringing Securities Exchange Act claims in derivative suits because they perceive these claims to have advantages compared to traditional fiduciary duty claims, but there are several reasons why plaintiffs are wrong and the flawed assumptions underlying these claims should be tested in court, say Brian Lutz and Michael Kahn at Gibson Dunn.

  • Avoiding Endless Liability From 'Take Home' COVID Claims

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    The Ninth Circuit’s recent certification in Kuciemba v. Victory Woodworks is the latest in a series of cases exploring whether companies can be sued when a third party contracts COVID-19 from an employee’s workplace exposure — and employers will need to take certain steps to avoid seemingly boundless chains of liability, say Karen Wentzel and Cristen Hintze at Squire Patton.

  • ​Boardroom Lessons From Shareholders' Diversity Lawsuits

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    Corporate efforts to promote diversity, equity and inclusion in the workplace are gaining momentum, and shareholder derivative lawsuits offer important lessons on how boards may protect themselves while fostering diverse workforces and safeguarding company goodwill, say attorneys at Covington.

  • Limiting Liability When Using Volunteers: Key Points For Orgs

    Excerpt from Practical Guidance
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    Nonprofits can be liable for their volunteers' actions and omissions, even when volunteers are acting outside the scope of their duties — but organizations have an array of tools at their disposal to mitigate such risks, and should deploy them thoughtfully, say Rosemary Fei and Geena Yu at Adler & Colvin.

  • Steps Companies Can Take To Mitigate Privilege Labeling Risk

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    Although Google prevailed on a recent privilege labeling sanctions motion, an important takeaway from the decision is that companies should assess their in-house procedures and employee training programs regarding privileged communications to mitigate risks of the potential appearance of bad faith privilege claims, say Gareth Evans at Redgrave and e-discovery attorney James Hertsch.

  • What Litigation Funding Disclosure In Delaware May Look Like

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    A standing order issued by Delaware's chief federal judge requiring litigants to disclose whether their cases or defenses are being financed by third parties is unlikely to have onerous effects but may raise questions regarding potential conflicts of interest and access to justice, say Cayse Llorens and Matthew Oxman at LexShares.

  • How To Avert Unlawful Poaching Amid Rising Antitrust Risks

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    Despite the uptick in labor market antitrust enforcement actions, no-poach agreements can be helpful in preventing unfair competition resulting from misuse of confidential or competitively sensitive information — when tailored appropriately and used with best practices to reduce risk, say attorneys at Ropes & Gray.

  • Inside Oregon's New Paid Family And Medical Leave Program

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    Rachel Timmins and Flo Mao at Ogletree discuss the ins and outs of Oregon's new paid family and medical leave insurance program set to take effect early next year, and explain why and how employers should model their policies after existing laws such as the Family and Medical Leave Act.

  • A Guide To CalSavers Compliance As Deadline Approaches

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    As California's new CalSavers retirement program continues to be phased in — with the latest deadline approaching at the end of the month — prudent employers will want to use best practices as they enroll to avoid any sort of violation, say Jordon Ferguson and Wesley Gonzales at Locke Lord.

  • The Future Of Virtual I-9 Document Verification

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    Proposed revisions to U.S. Citizenship and Immigration Services' employment authorization Form I-9 failed to address remote document inspection, but questions in a request for employer feedback provide hope that temporary accommodation for employers during the pandemic may become permanent, says Valentine Brown at Duane Morris.

  • How In-House Legal Leaders Can Drive Corporate Growth

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    Today, more executives are seeking legal leaders who are strategic, adaptable thinkers, making it essential that in-house counsel get out of their comfort zone of legal advice and take several steps to contribute toward revenue growth and raise their profile, says Tim Parilla at LinkSquares.

  • Work Permit Extension Rule Increases I-9 Compliance Risks

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    U.S. Citizenship and Immigration Services' expansion of automatic employment authorization extensions should help alleviate labor shortages caused by processing backlogs, but may also put employers at increased risk of inadvertent employment eligibility verification noncompliance and discrimination violations, says Brandon Davis at Phelps Dunbar.

  • Attorneys Should Tread Carefully On Job Counteroffers

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    Promises of more compensation to keep attorneys from leaving their jobs have become commonplace in today's hot job market, but lawyers should weigh their options carefully as accepting a counteroffer can negatively affect their reputation, says Leeron Molloy at VOYlegal.

  • Justices' Jurisdiction Ruling Could Increase Business Liability

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    The U.S. Supreme Court's forthcoming decision in Mallory v. Norfolk Southern could create a seismic shift in business litigation across the country by subjecting companies to personal jurisdiction in any state where they are merely registered to do business, say Amandra Cottrell and Jonathan Clark at Sheppard Mullin.

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