Employment

  • July 23, 2021

    Justices Urged Not To Give Courts Power Over Certain Awards

    Former financial adviser Denise Badgerow urged the U.S. Supreme Court to find that federal courts do not have the power to confirm or deny arbitral decisions when the only jurisdictional tie is that the arbitration dealt with federal laws.

  • July 23, 2021

    Coal Mine Hit With WARN Act Suit Over Plant Shutdown

    A union representing a group of coal miners is accusing Cornerstone Labor Services of violating federal law by not giving adequate notice before a mass layoff at its Coal Mountain Mine in southwestern West Virginia.

  • July 23, 2021

    US Soccer Flouts 'Equal Pay For Equal Work,' 9th Circ. Told

    Members of the U.S. women's national soccer team told the Ninth Circuit on Friday they had to far outperform male players in order to earn the same amount, kicking off a closely watched equal-pay appeal that one expert said raises novel legal issues.

  • July 23, 2021

    Goldman Sachs Wants Women's Gender Bias Class Undone

    Goldman Sachs urged a Manhattan federal judge to decertify a class of women associates and vice presidents in a decade-old gender bias case, saying its allegedly discriminatory performance review process was decentralized and couldn't glue the class members together.

  • July 23, 2021

    Attys To Get $15.6M In Facebook Moderators' $52M PTSD Deal

    Class counsel will receive $15.6 million in fees after a California judge approved a $52 million deal to resolve allegations that Facebook ignored workplace safety standards and allowed content moderators to sustain significant psychological trauma from the thousands of graphic images they see on the job.

  • July 23, 2021

    Accountant Gets 8 Years For $1.1M Employer, Lender Theft

    A suburban Chicago accountant has been sentenced to more than eight years in prison for misappropriating more than $1.1 million from several employers and making Ponzi-style repayments to some of his victims, federal prosecutors announced Friday.

  • July 23, 2021

    Employment Authority: New State Bias Laws & NLRB GC

    Law360 Employment Authority covers the biggest employment cases and trends. Catch up this week with a look at a host of new state discrimination laws attorneys should be aware of, tips for acing depositions in wage and hour cases and how the Senate's confirmation of the new NLRB general counsel signals a major pro-union shift at the agency.

  • July 23, 2021

    3rd Circ. Affirms Win For Novo Nordisk On Age Bias Suit

    The Third Circuit has refused to revive a former Novo Nordisk Inc. employee's age bias lawsuit, finding that he failed to show that performance issues he had were just a smokescreen for discrimination.

  • July 23, 2021

    Black IP Atty Asks Justices To Rule Title VII Covers Partners

    A Black attorney who said she faced sexist and racist backlash after she complained about the way intellectual property firm Myers Bigel PA treated women is urging the nation's highest court to hold that Title VII — the cornerstone federal workplace discrimination law — can cover law firm shareholders.

  • July 23, 2021

    Mario Batali Enabled Harassment At NY Restaurants, AG Finds

    Celebrity chef Mario Batali and restaurateur Joe Bastianich have agreed to pay $600,000 and submit their New York eateries to state oversight for three years after an investigation found they permitted a culture of sexual harassment and retaliation, state Attorney General Letitia James said Friday.

  • July 22, 2021

    Chamber Tells 11th Circ. WARN Can't Apply To Virus Closures

    The U.S. Chamber of Commerce and restaurant and retail groups urged the Eleventh Circuit in an amicus brief Wednesday to side with Enterprise in a dispute over whether employers' obligations to alert workers to layoffs under the WARN Act apply to coronavirus-related closures.

  • July 22, 2021

    Migrant Workers Sue Hemp Farm For Wages, Unsafe Housing

    A group of migrant workers has accused three Oregon hemp companies and their manager of a host of abuses, including failing to complete required employment forms for them, withholding wages and requiring them to live in unsafe agricultural labor housing.

  • July 22, 2021

    NFL Says Forfeits Possible In Outbreaks Among Unvaccinated

    NFL teams with COVID-19 outbreaks stemming from unvaccinated players that cause games to be canceled may have to forfeit those games, and players on both teams will lose their game checks, the league told teams Thursday as it seeks to start the new season amid rising infection rates in parts of the country. 

  • July 22, 2021

    T-Mobile Workers Fight Uphill To Save Fair Credit Claims

    A California federal judge suggested Thursday he is likely to dismiss Fair Credit Reporting Act claims against T-Mobile in a larger proposed class action accusing the wireless network operator of improperly conducting background checks and seeking credit reports on its employees and job seekers, saying he saw no plausible arguments of any willful violations.

  • July 22, 2021

    NJ Urges Court To Toss Embattled Judge's Latest Bias Suit

    The New Jersey Judiciary on Thursday sought to dismiss a judge's lawsuit claiming her supervisors interfered with her plans to conclude her career on the bench, arguing that the Superior Court lacks the authority to second-guess the state Supreme Court's denial of her retirement bid.

  • July 22, 2021

    Ga. Insurance Commissioner Guilty In $2M Embezzlement Trial

    Georgia Insurance Commissioner Jim Beck was found guilty by a Georgia federal jury Thursday on 37 charges based on allegations he embezzled more than $2 million from the state-regulated insurance association he used to run before his election to the statewide position.

  • July 22, 2021

    Investors Get SEC Whistleblower Protections Too, Judge Says

    A New York federal judge held Wednesday that the U.S. Securities and Exchange Commission's whistleblower protection rule extends to shareholders, keeping alive the agency's claim that a sports memorabilia company illegally muzzled investors.

  • July 21, 2021

    Ga. Insurance Exec Says FBI Disrupted His American Dream

    Suspended Georgia insurance commissioner Jim C. Beck told jurors in his embezzlement trial on Wednesday that his subcontracting scheme for his former employer was his version of the American Dream until the FBI turned it into a nightmare.

  • July 21, 2021

    Calif. Agency Accuses Activision Blizzard Of 'Frat Boy' Culture

    Gaming and entertainment behemoth Activision Blizzard has fostered a sexist, "frat boy" workplace culture in which women are not only paid less but also constantly harassed, California's fair employment agency claimed in a suit filed Tuesday in Los Angeles County.

  • July 21, 2021

    Iowa Appeals Court Finds CBD Oil Is A Controlled Substance

    The Iowa Court of Appeals affirmed a local police department's decision to fire an employee for using cannabidiol while on the job and upheld the state's view of CBD as a controlled substance, in an opinion issued Wednesday.

  • July 21, 2021

    7th Circ. Upholds NLRB Ruling Against Baked Goods Maker

    A baked goods company violated federal labor law by firing three union officials and making changes to working conditions without bargaining, the Seventh Circuit ruled Wednesday, upholding a National Labor Relations Board decision from last year.

  • July 21, 2021

    Pa. Justices Say Workers' Security Screenings Compensable

    Amazon workers should be paid for time spent undergoing security checks because they are not a "mere trifle" and they constitute hours worked under Pennsylvania law, according to a split decision issued by the state Supreme Court on Wednesday.

  • July 21, 2021

    2 Sue For Legal Fees In Calif. Undersea Cable Dispute

    Two businessmen caught up in California litigation over control of companies developing undersea telecommunication cable links to Pacific Rim countries have sued their former partner in Chancery Court for legal fees to cover the cost of their defense.

  • July 21, 2021

    Florida Security Co. Can't Escape DOL Wage Suit

    A U.S. Department of Labor complaint alleging a Florida-based private security company failed to pay security guards proper overtime and minimum wage is not a "shotgun pleading" worthy of dismissal, a federal judge ruled, saying the complaint contained sufficient information.

  • July 21, 2021

    US Grants Mexico $10M To Help Resolve Labor Fights

    The U.S. Department of Labor announced Tuesday that the Bureau of International Labor Affairs will direct $10 million in funding to aid the resolution of labor disputes in Mexico through conciliation mechanisms, including arbitration.

Expert Analysis

  • 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.

  • Ill. BIPA Ruling Marks Critical Win For Silent Cyber Coverage

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    The Illinois Supreme Court's recent decision in West Bend Mutual v. Krishna Schaumburg Tan, confirming that commercial general liability policies do not have to include specific language to cover claims under the Biometric Information Privacy Act, represents a critical victory for policyholders, but leaves unresolved issues in the battle over BIPA coverage, says Tae Andrews at Miller Friel.

  • China Trade Secret Developments Bring Certainty For US Cos.

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    U.S. companies should welcome recent reforms to Chinese trade secret legislation and case law that make the litigation landscape more plaintiff-friendly and provide clarity on what business information is protectable and what confidentiality measures the law requires, say attorneys at Jones Day.

  • Opinion

    CFAA And The High Court's Fight Against Overcriminalization

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    When confronted with a notoriously broad and somewhat out-of-date statute like the Computer Fraud and Abuse Act, it is important for the judiciary to continue to protect defendants from prosecutors' tortured or extreme readings of these criminal laws — and that's what the U.S. Supreme Court did this month in Van Buren v. U.S., say Harry Sandick and Jacob Chefitz at Patterson Belknap.

  • Stop Networking, Start Relationship Marketing

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    USA 500 Clubs' Joe Chatham offers four tips for lawyers to get started with relationship marketing — an approach to business development that prioritizes authentic connections — and explains why it may be more helpful than traditional networking post-pandemic.

  • Pitfalls To Avoid When Drafting And Enforcing NDAs

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    Recent state and federal court decisions offer lessons for drafting nondisclosure agreements that minimize potential challenges and maximize legal enforceability, say Sonia Baldia and Alexander Borovsky at Kilpatrick.

  • What Attorneys Should Know About Fee Deferral

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    Milestone Consulting’s John Bair explores contingency-fee structuring considerations for attorneys, laying out the advantages — such as tax benefits and income control — as well as caveats and investment options.

  • Predictions On Pandemic's Lasting Impact On Legal Education

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    The pandemic accelerated the pace of technological change for legal education, and some of the changes to how law school courses are taught and on-campus interviews are conducted may be here to stay, says Leonard Baynes at the University of Houston.

  • 5 Steps Oil And Gas Cos. Can Take To Manage Cyber Risk

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    In light of the recent ransomware attack on Colonial Pipeline, oil and gas companies should consider potential legal exposure from cybersecurity breaches, implement plans and procedures for dealing with such incidents, and review vulnerabilities related to external parties, says Valerie Hatami at Conner & Winters.

  • Opinion

    Ill. Noncompete Reform Balances Employee And Biz Interests

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    The noncompete bill recently passed by the Illinois Legislature protects due process for workers while preserving employers' ability to guard business assets — a rare political compromise that may reduce noncompete litigation but increase the chances of enforceability in court, say Peter Steinmeyer and Brian Spang at Epstein Becker.

  • Lawyer Perfectionism Is A Disease We Can Control

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    The pursuit of perfection that is prevalent among lawyers can lead to depression, anxiety and other mental health impacts, but new attorneys and industry leaders alike can take four steps to treat this malady, says Liam Montgomery at Williams & Connolly.

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