Employment

  • April 29, 2021

    3 Unanswered Questions On The Employee Retention Credit

    While recently issued guidance provided clarity on the employee retention credit for 2020 and statutory changes made for 2021, several questions remain unanswered, such as eligibility for S corporation owners and whether forgiven Paycheck Protection Program loans count toward qualification. As an April 30 tax filing deadline approaches, Law360 examines three unanswered questions that remain in the wake of statutory changes and two guidance packages.

  • April 29, 2021

    Sen. Wyden's Bill Seeks Matching Of Student Loan Payments

    Employers could contribute to employee retirement accounts when workers make payments toward their student loan debts under a bill released Thursday by Sen. Ron Wyden, chairman of the Senate Finance Committee.

  • April 29, 2021

    Fla. Pushes Back Name, Image Law Date In Anti-Trans Bill

    Florida lawmakers have pushed back the effective date of a law allowing college athletes to earn money from the use of their names, images and likenesses by a year to July 1, 2022, in a set of last-minute amendments to an education bill that also banned transgender athletes from participating in women's school sports.

  • April 29, 2021

    Staffing Platform ShiftPixy Files 4 SPACs Exceeding $1B

    Business staffing firm ShiftPixy Inc. filed initial public offerings for four special purpose acquisition companies that would raise $1.25 billion combined, hoping to acquire and take public multiple businesses, under guidance from Loeb & Loeb LLP.

  • April 29, 2021

    Texas Panel Says Drug Testing Co. Owes Duty To Fired Worker

    A Texas appellate court on Thursday revived a lawsuit brought by a pipe fitter who alleged he was wrongly fired after a false positive test result for cocaine, holding that the trade association that collected his biological sample and the laboratory that tested it owed him a duty of care in handling the sample.

  • April 29, 2021

    1st Circ. Told Bostock Misread In Whole Foods BLM Bias Case

    Whole Foods workers told the First Circuit late Wednesday that the Supreme Court's landmark decision recognizing workplace anti-discrimination protections for gay and transgendered people backs their argument that the grocer illegally applied its dress code to discipline workers who donned Black Lives Matter face masks.

  • April 29, 2021

    Uber Drivers Slam Bid To Lean On Prop 22 In Calif. Wage Suit

    A class of nearly 5,000 drivers told a California federal judge on Wednesday that Uber Technologies Inc. can't argue that a new gig-economy law is retroactive and kills the workers' misclassification suit, arguing that the class period ends before the law went live.

  • April 29, 2021

    UPS Fights Ex-Employee's Calif. Suit Over COVID-19 Risk

    UPS urged a California federal judge Thursday to toss a former employee's proposed class action accusing it of systematically endangering workers' health and safety by leaving them vulnerable to exposure to COVID-19, arguing that the ex-employee's claims belong before regulators, not a judge.

  • April 29, 2021

    Trucking Industry Braces After 9th Circ. Preemption Loss

    The trucking industry is girding for new legal clashes and compliance hurdles after the Ninth Circuit held federal law doesn't shield motor carriers from California's heightened legal standard for classifying workers as independent contractors.

  • April 29, 2021

    Ga. Nurse Says Employer Fired Her Over COVID-19 Leave

    The former director of nursing at a Georgia health care facility hit its owner Thursday with a federal lawsuit claiming she was wrongly fired for taking medical leave when sick with COVID-19.

  • April 29, 2021

    Pa. Justices Bar No-Hire Clauses Between Businesses

    The Supreme Court of Pennsylvania barred part of an agreement between two Pittsburgh shipping companies that said one company wouldn't hire the other's employees, ruling Thursday that such agreements were unreasonable restrictions of trade.

  • April 29, 2021

    11th Circ. Affirms Tossing Of Defamation Suit Against Fla. Bar

    An attorney disbarred after a dispute about client settlement funds can't sue the Florida Bar for defamation over a grievance letter detailing the underlying allegations, the Eleventh Circuit has held.

  • April 29, 2021

    MLB Ump Says Small Minority Pool Can't Nix Race Bias Suit

    A Cuban-born Major League Baseball umpire said Wednesday that a New York federal judge's decision that an overly small sample size bars his claims that racial minorities were routinely passed over for World Series games and crew chief promotions sets a dangerous precedent for employers.

  • April 29, 2021

    Biden Looks Beyond BigLaw For Court Openings In NJ, Wash.

    The White House on Thursday unveiled President Joe Biden's second set of judicial nominees, naming three picks for long-standing federal district court vacancies in New Jersey and Washington state who bring experience in immigration, employment discrimination and class actions.

  • April 28, 2021

    Biden Speech Pitches Investments To 'Win 21st Century'

    In his first address to Congress, President Joe Biden on Wednesday night said muscular government investment would fuel American success in the 21st century and urged lawmakers to act on priorities including infrastructure, research, labor and employment law, health insurance and immigration.

  • April 28, 2021

    Former Brooklyn Carpenters Union Leader Convicted Of Fraud

    The former president of the United Brotherhood of Carpenters' Brooklyn chapter has been found guilty of fraud and a pair of related charges stemming from his involvement in a bribery scheme, according to a federal New York jury's verdict Wednesday.

  • April 28, 2021

    Paid Family Leave In $1.8T Biden Plan No Sure Thing

    The White House's $1.8 trillion American Families Plan, introduced Wednesday, appears designed to pass without Republican support, but it's unclear whether a proposal to give workers 12 weeks of paid family and medical leave will cross the finish line, experts say.

  • April 28, 2021

    Home Care Nurses Win Class Cert. In Unpaid OT Suit

    Home care nurses won a minor victory in their fight for additional overtime compensation when an Ohio federal judge conditionally certified a class of workers claiming they were forced to perform compensable work off the clock.

  • April 28, 2021

    Split 9th Circ. Unravels Calif. Truckers' AB 5 Injunction

    A split Ninth Circuit panel said Wednesday that federal law doesn't trump California's heightened standard for legally classifying workers as independent contractors, dealing a blow to commercial truckers who claimed the Golden State law would wreak havoc on operational and hiring practices.

  • April 28, 2021

    Harvest Health Faces Sex Discrimination Suit in Pennsylvania

    Pot giant Harvest Health & Recreation Inc. faces allegations of sex discrimination and retaliation from a former employee who claims that in the early days of the coronavirus pandemic, he was unfairly fired right after the industry's busy 4/20 holiday.

  • April 28, 2021

    Ex-Royal Caribbean Employee Keeps Win Over Crushed Hand

    A Florida appeals court Wednesday upheld a former Royal Caribbean Cruises Ltd. crew member's win in a suit over an accident on board a ship that crushed her hand but sent the case back to the trial court to consider trimming the $20.3 million damages award.

  • April 28, 2021

    Ex-Akerman Partner Returns To Littler In Orlando

    Management-side employment law firm Littler Mendelson PC announced on Tuesday that a former shareholder out of its Orlando office would return this month after a stint at Akerman LLP.

  • April 28, 2021

    Hauser Ends Dispute With Ex-Exec. Over Rival Employment

    Insurance and risk advisory firm Hauser Inc. agreed Wednesday to end its dispute with a former executive over his employment at a rival company, filing a joint stipulation of dismissal without prejudice of the case in a Georgia state court.

  • April 28, 2021

    Boeing Supplier's Ch. 11 Plan Cleared After Settlements

    Aerospace parts maker and Boeing supplier Impresa Holdings won approval for its Chapter 11 plan from a Delaware bankruptcy judge Wednesday after selling its holdings and settling with unsecured creditors and workers who brought wage claims.

  • April 28, 2021

    4th Circ. Keeps Covil's Win In Mesothelioma Death Suit

    The Fourth Circuit let Covil Corp. keep its win in a wrongful death suit alleging that its asbestos products caused a man's death from mesothelioma, finding there was scant evidence to support allegations that Covil's products, and not others, caused the cancer.

Expert Analysis

  • A Cautionary Tale On Duplicative Noncompetes

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    Duplicative or overlapping noncompete provisions in employment contracts can hinder enforcement of choice of forum and other restrictive covenants, the Delaware Chancery Court recently showed in AG Resource Holdings LLC v. Terral, and could mean preclusive judgments and duplicative litigation costs for companies, say attorneys at Dechert.

  • Remote Working Tips For Lawyer Trainees And Their Firms

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    The prospect of joining a law firm during the pandemic can cause added pressure, but with a few good practices — and a little help from their firms and supervising attorneys — lawyer trainees can get ahead of the curve while working remotely, say William Morris and Ted Landray at King & Spalding.

  • Employer-Friendly Changes May Revive H-1B Visa Program

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    Recent H-1B visa program improvements that are favorable to employers — such as e-registration and more predictability in U.S. Citizenship and Immigration Services decision making — may lead companies to reconsider this visa category as a resource for adding foreign-national talent to their workforce, says Matthew Minor at Hammond Neal., says Matthew Minor at Hammond Neal.

  • What Biden's Ethics Pledge Means For Gov't Revolving Door

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    Attorneys at Nossaman look at how President Joe Biden’s ethics pledge goes beyond those of his predecessors by imposing post-employment shadow lobbying and golden parachute restrictions on his administration’s appointees — and how a House bill proposing expansion of federal ethics law could affect enforcement.

  • Opinion

    Punishing Bar Exam Policies On Menstrual Products Must Go

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    Law graduates across the states are sitting for the grueling two-day bar exam this week despite menstruation-related barriers, such as inadequate menstrual product and bathroom access, which could be eradicated with simple policy tweaks, say law professors Elizabeth Cooper, Margaret Johnson and Marcy Karin.

  • Mitigating BIPA Suit Risk Under Alternative Liability Theories

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    A recent Illinois federal court decision allowing a suit to proceed against Enterprise Leasing and its parent company for violating the state's Biometric Information Privacy Act shows why even companies that don't directly use biometric data must take proactive contractual measures to mitigate alternative liability exposure, says David Oberly at Blank Rome.

  • It's Time For Law Firms To Start Loving And Leveraging Data

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    The volume and diversity of data managed by law firms today — from client files to internal financial records — may seem daunting, but when properly organized, good data can help practitioners stay competitive by providing sharper insight into firm resources and cost of work, say Jaron Luttich and Barry Wiggins at Element Standard.

  • Keys To Protecting Clients During Law Firm Dissolution

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    Whether a law firm dissolution is amicable or adversarial, departing attorneys should take steps to maintain their legal and ethical responsibilities toward clients, and beware client confidentiality pitfalls when joining new firms, say John Schmidt and Colin Fitzgerald at Phillips Lytle.

  • Opinion

    Time For Federal Action To Ban Noncompetes

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    Now, more than ever, workers should have the freedom to work, so the pro-worker Biden administration should follow some states' lead and end the use of noncompetes, says Gerald Sauer at Sauer & Wagner.

  • How Case Management Orders Can Support New Attorneys

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    Courts are leading the way in ensuring oral argument opportunities for newer attorneys by incorporating innovative language in a variety of orders, and private parties can and should follow suit by incorporating similar language into case management orders, say Megan Jones and Halli Spraggins at Hausfeld.

  • The Employment Immigration Landscape Is Already Changing

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    Recently proposed immigration legislation and other Biden administration actions that suspended or reversed Trump-era orders affecting noncitizens are reforms that may provide stability for some employers of foreign nationals while creating new difficulties for others, says Eleanor Pelta at Morgan Lewis.

  • Effective E-Discovery Of Chat Apps In Gov't Investigations

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    With the increasing reliance on multiple messaging applications for business conversations in the remote working environment, companies can implement several best practices for collecting, reviewing and producing data, despite an absence of guidance on discovery obligations in government investigations, say Jason Weinstein and Katie Dubyak at Steptoe & Johnson.

  • An In-House Counsel's Guide To Better Work Management

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    Amid economic uncertainty and increasing pressure on corporate legal departments to do more with less, work management processes should be aimed at tracking legal teams' every contribution, including routine matters that can be reallocated to nonlegal staff, says Aaron Pierce at LexisNexis CounselLink.

  • Jurisdiction Can Be A Key Tool For BIPA Class Action Defense

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    As a wave of Illinois Biometric Information Privacy Act class actions continues to flood courts, challenging personal jurisdiction has emerged as a key defense that companies can successfully leverage by taking such prudent steps as data mapping and inventory, says David Oberly at Blank Rome.

  • Opinion

    Justices Should Weigh In On FCA Objective Falsity Standard

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    At its conference on Friday, the U.S. Supreme Court should agree to hear U.S. v. Care Alternatives and Winter v. Gardens Regional, so it can clarify that the False Claims Act's “objective falsehood” requirement does not preclude ever finding a subjective judgment or opinion false, says Nicholas Danella at Bradley Arant.

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