Employment

  • June 25, 2020

    Calif. DoorDash Drivers' Wage Suit Hits Pleading Speed Bump

    A California federal judge on Thursday tossed DoorDash drivers' Fair Labor Standards Act lawsuit accusing the app-based food delivery startup of misclassifying workers but gave the drivers leave to amend and warned DoorDash that "it's frankly not going to take that much" for them to successfully replead the case.

  • June 25, 2020

    Ex-Hertz CEO Urges Judge To Throw Out $56M Clawback Suit

    A former Hertz CEO wants a New Jersey federal court to throw out the car rental outfit's lawsuit claiming he refused to give back millions of dollars in incentive pay after a huge accounting scandal.

  • June 25, 2020

    CBS Radio Victory Over Ex-Sales Rep's Bias Suit Stands

    A Washington federal judge won't be reconsidering his decision to let CBS Radio Services out of a suit accusing the company of refusing to accommodate, then retaliating against, an employee with depression, he said Thursday.

  • June 25, 2020

    Coronavirus Litigation: The Week In Review

    McDonald's has been ordered to give its workers more virus protections, airlines are seeking to escape claims that they owe refunds to passengers for canceled flights, and minor league baseball teams are among the latest to say they were wrongfully denied insurance coverage for coronavirus-related losses. 

  • June 25, 2020

    NLRB OKs Searching Workers' Cars, Company Devices

    Employers don't violate the law when they monitor or search company-issued devices or networks and employees' cars on company premises, the National Labor Relations Board said Wednesday in a decision applying its revamped policy on workplace rules.

  • June 25, 2020

    OSHA And CDC Issue Virus Guidance For Seafood Processors

    The Occupational Safety and Health Administration and Centers for Disease Control and Prevention on Thursday issued a blueprint on how seafood processors should operate as the coronavirus pandemic continues to spread, detailing how employers should screen, separate and protect onshore and offshore workers.

  • June 25, 2020

    Underpaid Migrant Farmworkers Were Lured To ICE, Suit Says

    Migrant laborers working at a Michigan grower were underpaid, threatened with deportation and ultimately lured to a Walmart parking lot where they were arrested by immigration authorities, migrant advocacy organizations alleged in a Thursday lawsuit in federal court.

  • June 25, 2020

    3rd Circ. Won't Revive Pa. Union Fee Challenge, Citing Janus

    The Third Circuit on Thursday threw out a challenge to a Pennsylvania law allowing unions to collect so-called agency fees from nonmembers, agreeing with the lower court that the case brought by a group of teachers was moot in light of the U.S. Supreme Court's landmark decision finding the practice unconstitutional.

  • June 25, 2020

    9th Circ. Gives New Life To Marketer's Arbitration Push

    A federal judge shouldn't have rejected a marketing company's bid to arbitrate a suit claiming it cheated two models out of their pay, the Ninth Circuit ruled, finding the lower court overlooked a clause in the arbitration agreement saying an arbitrator should referee disputes about the agreement's enforceability.

  • June 25, 2020

    Nevada Pot Co. Settles Ex-Worker's Sexual Harassment Suit

    A former employee of Nevada cannabis company Greenleaf Wellness Inc. has settled her federal court case alleging a Greenleaf manager sexually harassed her and then fired her for refusing his advances.

  • June 25, 2020

    Full 8th Circ. Asked To Rethink CRST Driver Recruits Ruling

    TransAm Trucking Inc. told the Eighth Circuit Wednesday that keeping alive claims it improperly recruited long-haul truck drivers who were bound by a contract and noncompete agreement to rival CRST Expedited Inc. hampers competition for trucking jobs.

  • June 25, 2020

    Nurses Union Doesn't Have To Turn Over Docs To Challenger

    A National Labor Relations Board judge has rejected an effort by the agency's prosecutor to make a nurses' union give a dissident worker a copy of a neutrality agreement with a Texas hospital, noting "a nearly perfect cyclone of ambiguity" as to whether the deal even exists. 

  • June 25, 2020

    Car Sales Incentives Count Toward Minimum Wage, DOL Says

    Car dealerships can use incentive payments from automakers to help meet their obligation to pay salespeople minimum wage, and workers who sell merchandise out of mobile trucks don't need to be paid minimum wage at all, the U.S. Department of Labor said in a quintet of opinion letters released Thursday.

  • June 25, 2020

    Biz Backers Plan Push For Tax Aid On Virus Tests, Upgrades

    Business advocates are mounting a push on Capitol Hill to include new tax incentives to cover the costs of coronavirus testing and equipment and office upgrades in the next legislative package aimed at easing the COVID-19 pandemic's economic fallout.

  • June 25, 2020

    Engineering Co. Says Inventor Took A Free Ride On Stolen IP

    Corrosion Prevention Technologies LLC has sued the inventor of its metal corrosion intellectual property in Texas federal court, alleging he ignored confidentiality agreements and stole trade secrets to start a rival company.

  • June 25, 2020

    Chicago Nurse's Retaliation Case Gets OK To Move Forward

    An Illinois federal judge on Thursday allowed a nurse technician's suit to proceed, alleging that supervisors at the Chicago hospital where she worked created a hostile work environment after she filed a charge of pregnancy discrimination.

  • June 24, 2020

    Ex-CFO Says Tenet Unit Fired Him For Whistleblowing

    The former chief financial officer of United Surgical Partners International sued his ex-employer in Texas federal court Wednesday, alleging the Tenet Healthcare Corp. subsidiary fired him after he raised concerns that the hospital operator was violating securities laws by not fully reporting its employee stock incentive plan to investors.

  • June 24, 2020

    DOL Loosens FLSA Double Damages Policy Due To COVID-19

    The U.S. Department of Labor said Wednesday it will no longer pursue prelitigation liquidated damages, which double unpaid overtime and minimum wages for Fair Labor Standards Act violations, in response to Trump's push to rollback Obama-era regulations and cut red tape to help the economy rebound from the pandemic.

  • June 24, 2020

    Ex-BigLaw Atty's In-Person Depo Bid Tossed As 'Tomfoolery'

    A New York federal judge on Wednesday ripped a fired King & Spalding associate's demand for in-person depositions in his wrongful termination suit against the law firm as "tomfoolery," saying the current coronavirus health crisis makes such in-person meetings too dangerous.

  • June 24, 2020

    Calif. AG Seeks To Force Uber, Lyft To Reclassify Drivers

    California's attorney general and a group of city attorneys suing Uber and Lyft over their business models announced Wednesday they would seek a preliminary injunction to immediately force the companies to classify their drivers as employees and not independent contractors.

  • June 24, 2020

    EY Bias Accuser's Arbitration Cost Dispute Sent To Arbitrators

    A New York federal judge rejected a former Ernst & Young real estate bigwig's attempt to nix an arbitration agreement based on a fee allocation order in the arbitration of her sex bias claims, finding her arguments about the agreement's enforceability should be handled by arbitrators as well.

  • June 24, 2020

    Judge Mulls Power To Review Trump's Picks For Labor Panel

    A D.C. federal judge handling one of several challenges to a federal labor relations panel stacked with Trump appointees prodded the government at a hearing Wednesday over just how much latitude the president has when filling out the panel.

  • June 24, 2020

    SEC Urges Cos. To Stay On Top Of COVID-19 Disclosures

    With the second quarter nearing its end, U.S. Securities and Exchange Commission officials are urging public companies to thoroughly update their disclosures so investors have a clear picture about corporations' financial health and whether they can survive pandemic-related disruptions.

  • June 24, 2020

    Calif. Firm Procopio Faces Defamation Suit From Fired Atty

    An attorney who was fired from her job as an associate at San Diego-based Procopio Cory Hargreaves & Savitch LLP has filed a lawsuit in state court claiming the firm and several partners harassed, defamed and discriminated against her before giving her the boot when she spoke out.

  • June 24, 2020

    United Wants Ex-Flight Attendant's Attys Punished For Delays

    A California federal court should sanction counsel for a former United Airlines flight attendant, as counsel has "abused" the discovery process in a wrongful termination case, the airline has argued.

Expert Analysis

  • How Video Mediation Can Help Us Serve Clients Better

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    Mediation in recent years has largely devolved into a kind of arbitration without due process — where a mediator reads briefs, decides where the case should settle, and drives parties toward that single-minded result — but online mediation can be steered in a different direction, says mediator Jeff Kichaven.

  • Estimating Wrongful Termination Damages Amid COVID-19

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    Past recessions may help economic experts determine lost earnings, periods of loss and discount rates when calculating damages in wrongful termination cases as the economic and labor market fallout from COVID-19 continues to develop, says Michaelyn Corbett at Charles River Associates.

  • Opinion

    EEOC Should Classify COVID-19 As A Disability Under ADA

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    To deter employers from discriminating against workers with COVID-19, the U.S. Equal Employment Opportunity Commission should categorize the disease as a disability that substantially limits major life activities under the Americans with Disabilities Act, says Gary Phelan at Mitchell & Sheahan.

  • Mental Health Efforts Will Support Diversity In Legal Industry

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    The stigma of discussing mental health struggles during these tough times is especially profound for attorneys of racial and ethnic minorities, but law firms and in-house departments can change the narrative, says Patricia Silva at Lathrop.

  • Opinion

    The Remote Jury Trial Is A Bad Idea

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    The notion of holding jury trials via videoconference has been floated as a near certainty, with some jurisdictions already engaging in pilot programs, but the fundamental genius of the jury trial can only exist in a live, in-person setting, say Paula Hinton and Tom Melsheimer at Winston & Strawn.

  • Cos. Should Consider Paying For Temperature Check Time

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    Employers may want to compensate nonexempt employees for time spent on temperature checks related to COVID-19 because the issue has not yet been settled by case law and state laws may differ from the Fair Labor Standards Act, say attorneys at Epstein Becker.

  • 5 Ways Health Cos. Can Reduce Pandemic Cybersecurity Risk

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    Health care companies with newly remote workforces that are increasingly the target of cyberattacks should take several protective measures beyond merely implementing the patching recommendations suggested by a recent federal government cybersecurity alert, say Elliot Golding and Kristin Bryan at Squire Patton.

  • What State Laws On COVID-19 Liability Protection Look Like

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    ​​​​​​​While the federal government continues to debate COVID-19 immunity for businesses, many states have already taken action, offering a preview of the breadth and scope of potential federal legislation, says Nicholas Blei at CMBG3 Law.

  • Employer Strategies To Limit COVID-19 Discrimination Claims

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    As businesses begin to hire new workers or recall furloughed or former employees, companies should analyze data to ensure no trends support an allegation of systemic discrimination related to COVID-19, say Amy Traub at BakerHostetler and Paul White at Resolution Economics.

  • Civility Could Be Litigators' New Normal Even Post-Pandemic

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    The past few months of lockdown have given rise to some profound patterns — litigators are more cooperative and less adversarial — and as the activities of courts and tribunals resume, lawyers should consider continuing to devote more time and resources to resolving disputes instead of fighting them out, says Matthew Vafidis at Holland & Knight.

  • 9th Circ. Antitrust Ruling Radically Changes NCAA Sports

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    While a victory for student-athletes, the Ninth Circuit's recent finding that the NCAA violated the Sherman Antitrust Act by restricting grant-in-aid may give schools with wealthy athletic boosters a distinct advantage and make it difficult to maintain a level playing field, say attorneys at Segal McCambridge.

  • Law Firms Must Beware Risks In Nontraditional Financing

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    Law firms in today's financial crisis may be looking at nontraditional arrangements such as portfolio funding or factoring to provide liquidity and cash support, but firms must first consider lawsuits brought against Pierce Bainbridge and other recent developments, says Katherine Toomey at Lewis Baach.

  • Pandemic May Prompt Evolution Of IT Outsourcing

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    As companies transition out of lockdown from the pandemic, information technology outsourcing will see shifts in service locations, regulation, cybersecurity and contractual clauses, says Amy Levin at Seyfarth.

  • 'The Government Said I Could' As A Defense During COVID-19

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    Pursuant to long-recognized due process principles, litigants should be entitled to reasonably rely on governmental directives related to COVID-19, and, in appropriate cases, assert it as complete defense to civil liability, say attorneys at Butler Snow.

  • Cos. Must Prepare For COVID-19 Workers' Comp Claims

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    Businesses should focus on employee health and safety and consider a response plan to address COVID-19 workers’ compensation claims as the virus raises new coverage questions and states take action to protect essential workers, say attorneys at Baker Donelson.

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