Employment

  • June 30, 2020

    Musician Seeks Cert. For Over 30K In SAG-AFTRA Suit

    A musician accusing the Screen Actors Guild‐American Federation of Television and Radio Artists of draining millions of dollars from an artists' fund set up by Congress moved Monday in California federal court to certify a class of 30,000 session musicians and backup singers whose royalties had allegedly been "skimmed."

  • June 30, 2020

    Harvard Groups Say Suit Over Single-Sex Club Ban Not Moot

    Fraternities and sororities suing Harvard University over a policy sanctioning students for joining single-gender organizations said Tuesday the case is not moot despite the school's decision to end the practice.

  • June 30, 2020

    Bainbridge Of Pierce Bainbridge Sets Up Own Firm In Calif.

    James Bainbridge, the last remaining name partner at Pierce Bainbridge Beck Price & Hecht LLP besides founder John Pierce, has set up his own law office in California but will remain affiliated with the struggling firm.

  • June 30, 2020

    DC Circ. Says Cushman & Wakefield CEO Can't Duck Bias Suit

    The D.C. Circuit on Tuesday revived a Black, female Cushman & Wakefield executive's claims the firm's U.S. business chief fired her because of her race and sex, saying he can't hide behind a federal doctrine limiting suits against employees in places they don't live.

  • June 30, 2020

    7th Circ. Won't Revive Crane Worker's Suit Against BP

    The Seventh Circuit has ruled that BP Products North American Inc. and several contractors it hired were too far removed from liability to an Indiana worker employed by a subcontractor who was injured in a 7-foot fall from a crane.

  • June 30, 2020

    4 Tips For Employers Evaluating Ambitious Reopening Plans

    With new coronavirus cases exploding across the Sun Belt, employers like Disney are facing mounting pressure from workers to scrap their return-to-work plans due to safety concerns. Here, Law360 looks at four things employers should do when the pandemic's stubbornness calls their reopening strategy in question.

  • June 29, 2020

    Tesla Factory Workers Denied Default Win In Visa Fraud Suit

    Workers at a Tesla manufacturing plant can't win a default judgment against certain overseas subcontractors in a suit alleging they illegally procured low-cost foreign labor for the plant, a California federal judge ruled Friday, saying the workers haven't shown the court can grant their request.

  • June 29, 2020

    Amazon Must Face Suit Over Pay For Security Screenings

    A New Jersey federal judge on Monday said Amazon must face a proposed class action for allegedly violating a state law by not paying workers for time spent on mandatory security screenings after their shifts, even though the online retail giant avoided a related claim over compensation for meal breaks.

  • June 29, 2020

    Biz Groups Get OK To Enter Fight Over Joint Employer Rule

    A New York federal judge on Monday let a business coalition join the U.S. Department of Labor in defending the agency's recently finalized joint employer rule from a legal attack from 18 Democratic state attorneys general.

  • June 29, 2020

    NLRB Dings Hotel Operator Over Insincere Bargaining

    The National Labor Relations Board has ruled that a management company for several Minnesota hotels illegally engaged in insincere union talks, saying that a judge previously found it had violated federal law during bargaining and that it has since committed additional violations.

  • June 29, 2020

    Unions Slam Las Vegas Resorts Over Handling Of COVID-19

    The Culinary Workers Union, Local 226 and Bartenders Union, Local 165 hit the Bellagio, Signature and Harrah's with a lawsuit in Nevada federal court Monday, claiming the resorts adopted "unreasonable rules and procedures" surrounding COVID-19 that didn't protect workers or their families.

  • June 29, 2020

    Pandemic Tees Up Novel Legal Questions For NLRB

    Does an employer violate federal labor law if it refuses to bargain with a union over Zoom? Do unions act unlawfully when they refuse to negotiate in person? The answers are anyone's guess until the National Labor Relations Board weighs in.

  • June 29, 2020

    DOL Firms Up Trade Deal Wage Rules For Automakers

    The U.S. Department of Labor on Monday fleshed out the details of a critical rule in the U.S.-Mexico-Canada trade agreement that requires automakers to pay a certain percentage of their workforce a competitive wage in order to earn duty-free treatment for their cars and trucks.

  • June 29, 2020

    Harvard Drops Single-Gender Club Ban After Justices' Ruling

    Harvard University on Monday ended a policy punishing students who join single-gender clubs, citing the recent landmark U.S. Supreme Court ruling protecting workers from discrimination based on sexual orientation or gender identity.

  • June 29, 2020

    Even With Virus Precautions, MLB Season Has Legal Risks

    Major League Baseball plans to play a shortened season starting next month amid the COVID-19 pandemic, but with the virus still spreading and even spiking in certain areas, experts say the season is fraught with liability risks, especially if fans are allowed into the ballparks at some point.

  • June 29, 2020

    Home Care Co. Inks $12.5M Deal To End Pay Suit

    A New York-based home health care provider has inked a deal worth $12.5 million to settle a former aide's lawsuit claiming the company stiffed thousands of employees on pay and overtime.

  • June 29, 2020

    Calif. Justices Say United, Delta Pilots Entitled To Wage Rights

    The California Supreme Court found Monday that the Golden State's labor code and minimum wage laws apply to United and Delta pilots who are based in the state, rejecting the companies' arguments the workers spend most of their time in federal airspace and can't be subject to the state laws.

  • June 29, 2020

    8th Circ. Says UPS Manager Lacks Proof To Back Bias Suit

    A Black UPS worker who had accused the delivery company of discrimination and retaliation after he was demoted from a long-held managerial role didn't offer enough evidence to challenge his supervisors' performance-related rationale for the move, the Eighth Circuit ruled on Monday.

  • June 29, 2020

    Ex-Vivint Worker Wins Revival Of Calif. PAGA Claims

    A California appeals court has brought back to life a former Vivint Inc. employee's proposed wage and hour class action, ruling the home automation and security company's ex-technician has standing to bring claims under the Private Attorneys General Act.

  • June 29, 2020

    DOL Floats Fiduciary Rule To Replace One Scalia Helped Kill

    The U.S. Department of Labor proposed a new fiduciary rule Monday to replace regulations shot down by the Fifth Circuit two years ago after current Labor Secretary and then-Gibson Dunn partner Eugene Scalia successfully challenged the policy on behalf of the U.S. Chamber of Commerce.

  • June 29, 2020

    Fontainebleau Sues To Skip Up To $5.3M In Benefits Payments

    The iconic Fontainebleau hotel in Miami Beach wants a court to back its position that it doesn't have to pay up to $5.3 million in health care contributions to workers who were laid off while the hotel has been shuttered for months due to the COVID-19 pandemic.

  • June 29, 2020

    High Court Won't Revive Libel Suit Over Police Log Reposts

    The U.S. Supreme Court said Monday it wouldn't reconsider a Massachusetts Supreme Judicial Court ruling that affirmed defamation protection for news media that republish information from police activity logs. 

  • June 29, 2020

    May It Please The Camera: Zoom Trials Demand New Skills

    As masses of legal work shift online, trial lawyers are turning on their webcams and realizing their old courtroom skills are no longer enough. But recent remote proceedings are already showing that online trials can actually work — with the right considerations.

  • June 29, 2020

    Firms Seek $2.3M Fee For $484K Award In Cop Back Pay Suit

    Lichten & Liss-Riordan PC and Fair Work PC have asked a Massachusetts federal judge for $2.3 million in fees and costs after helping a group of minority police officers who lost promotions because of a discriminatory exam win a $484,000 back pay judgment against the city of Boston.

  • June 26, 2020

    EEOC's Doc Request In Bias Suit Is Too Pricey, Judge Says

    The U.S. Equal Employment Opportunity Commission can't force George Washington University to spend more to produce certain documents than it wants in damages in a suit alleging that a former athletic director discriminated against his female executive assistant, a Washington, D.C., federal judge held Friday.

Expert Analysis

  • Employer Considerations For A Workforce Reduction Analysis

    Author Photo

    Juanita Beecher at Fortney & Scott and Joanna Colosimo and Jon Geier at DCI Consulting explain how pandemic-era employers can conduct a statistical analysis to determine whether a workforce reduction would create an adverse impact based on gender, race, ethnicity, age or disability status.

  • Protecting An Employee's Green Card Status Amid Pandemic

    Author Photo

    Employees working abroad can mitigate recent COVID-19 travel restrictions' risks to their U.S. lawful permanent residence status by demonstrating their continued intent to reside permanently in the U.S., says Douglas Halpert at Hammond Neal.

  • 11 Keys To Success At Remote Mediation

    Author Photo

    Attorneys should accept that remote mediation may be their only current option for resolving a dispute and take steps to obtain a fantastic outcome for their clients, including making sure the right people attend the remote mediation and beginning the session with an apology, says Eric Meyer at FisherBroyles.

  • Kentucky Tax Talk: Pandemic Raises Telecommuting Issues

    Author Photo

    Companies doing business in Kentucky must grapple with the tax issues raised by the state's executive orders enforcing remote work in response to COVID-19 — especially around the status of employees who are now telecommuting from a different state, say attorneys at Frost Brown.

  • What Employers Should Know About Return-To-Work Surveys

    Author Photo

    Jen Rubin at Mintz discusses the risks and benefits of using surveys to gauge employee feelings about COVID-19 safety when returning to the workplace, and shares best practices for responding to the information collected.

  • Pandemic Could Bring Student Exodus From Legal Profession

    Author Photo

    A recent survey shows that law and prelaw students have serious concerns about the quality and value of remotely provided legal education, and rapid action from the legal community is necessary to prevent promising young people from leaving in favor of other professions, says Mehran Ebadolahi at TestMax.

  • 9 Post-Coronavirus Cybersecurity Predictions For Cos.

    Author Photo

    Taking post-pandemic cyberthreat predictions and steps to mitigate them into account, companies should develop or update incident response and business continuity plans to be more effective and improve their cyberresilience, says Anthony Ferrante at FTI Consulting.

  • NLRB Ruling Clarifies Employer Nonsolicitation Enforcement

    Author Photo

    The National Labor Relations Board’s recent decision in Wynn Las Vegas, which expands what types of worker conduct may violate nonsolicitation policies, offers more certainty and cover for employers because any work time used to promote unionization efforts now provides a basis for discipline, says Desmond Dennis at Kilpatrick.

  • How To Handle Congressional Queries On COVID-19 Relief

    Author Photo

    Despite their informal nature, congressional inquiries regarding CARES Act implementation should not be taken lightly as these requests may be precursors to more formal and invasive investigations, say attorneys at Baker Donelson.

  • The Privilege Implications Of Using Online Collaboration Tools

    Author Photo

    While few courts have addressed the attorney-client privilege or work-product doctrine in the context of online collaboration tools, existing case law supports five best practices as organizations increasingly use these tools in the COVID-19 era, say Christopher Campbell and Marcus Sandifer at DLA Piper.

  • High Court's Title VII Ruling Reaches Beyond LGBTQ Rights

    Author Photo

    The U.S. Supreme Court’s opinion that Title VII protects LGBTQ employees in Bostock v. Clayton County is of broader significance to a wide range of protected classes because it squarely rejects the sole cause requirement and several other key defenses, says Alan Kabat at Bernabei & Kabat.

  • What Justices' Arbitration Pact Pass Means For Calif. Cos.

    Author Photo

    Following the U.S. Supreme Court’s decision not to review the California Supreme Court’s invalidation of an employee arbitration agreement in OTO v. Kho, companies should review contracts to preserve class relief waivers, ensure proper handling of administrative claims, and avoid substantively oppressive terms, says Steven Katz at Constangy Brooks.

  • Opinion

    Amend Bankruptcy Code To Add Oversight For CBA Changes

    Author Photo

    The Bankruptcy Code should require examiner oversight of motions to amend collective bargaining agreements as companies filing for bankruptcy amid the pandemic may seek to place a disproportionate burden of their restructuring costs on employees, says Kenneth Rosen, chairman of Lowenstein Sandler's bankruptcy practice.

  • Employer Best Practices From EEOC's New Virus Q&A

    Author Photo

    Following the U.S. Equal Employment Opportunity Commission’s recent COVID-19 Q&A, there are several steps employers should take to address harassment, and age- and pregnancy-related accommodation and alternative arrangement requests, say Sharon Masling and former EEOC commissioner Chai Feldblum at Morgan Lewis.

  • The Compliance Risks Facing Companies That Use Chat Apps

    Author Photo

    With expanded remote work practices, it is now more important than ever for companies to implement data retention policies that address ephemeral messaging platforms such as Snapchat and WhatsApp, as this technology may be used to facilitate unlawful conduct and spoliation of evidence, say attorneys at K&L Gates.

Can't find the article you're looking for? Click here to search the Employment archive.
Hello! I'm Law360's automated support bot.

How can I help you today?

For example, you can type:
  • I forgot my password
  • I took a free trial but didn't get a verification email
  • How do I sign up for a newsletter?
Beta
Ask a question!