Employment

  • July 19, 2021

    Lumber Liquidators To Settle OT Collective Action For $7M

    Lumber Liquidators will dole out $7 million to resolve any federal and state wage claims from its workers accusing the retailer of misclassifying its managers and store managers in training as exempt from overtime, according to a motion filed Friday in New York federal court requesting approval of the collective opt-in settlement.

  • July 19, 2021

    DaVita Indictment Draws Next-Day No-Poach Class Action

    A former senior DaVita employee has sued the dialysis giant and its two biggest outpatient medical care facility operator rivals in Illinois federal court, piggybacking on a U.S. Department of Justice "no-poach" criminal indictment against DaVita and a former CEO announced one day earlier.

  • July 19, 2021

    Sleepy's Drivers Reawaken Cert. Bid In Longtime Wage Suit

    Drivers for Sleepy's LLC urged a New Jersey federal court on Monday to grant their latest bid to advance their long-running lawsuit alleging that the mattress retailer denied them benefits afforded to employees, arguing that recent case law backs their argument for class certification.

  • July 19, 2021

    Optical Lab Wants Black Ex-Worker's Bias Suit Tossed

    The only Black employee of a Pennsylvania optical lens maker was fired for being chronically late and flouting the company's cellphone policy, not because of his race, the company told a federal court Monday.

  • July 19, 2021

    Ex-Execs Seek Win In Pharma Inventory Co. Trade Secret Row

    Two high-ranked former employees at a pharmacy inventory company asked a Georgia federal judge Friday to toss a poaching suit against them, arguing that depositions and reports have confirmed they didn't misuse company information or violate their employment agreements.

  • July 19, 2021

    DoorDash, Grubhub Sue San Francisco Over 15% Fee Cap

    Delivery giants DoorDash and Grubhub hit San Francisco with a lawsuit in California federal court Friday over a law permanently capping fees that the platforms can charge local restaurants at 15%, arguing that the law violates the U.S. and California constitutions and may unintentionally harm local restaurants, workers and consumers.

  • July 19, 2021

    DOJ Says Wage-Fixing Charges Were Never Off The Table

    The U.S. Department of Justice told a Texas federal court that federal prosecutors never promised not to charge the former director of a physical therapist staffing company with criminal wage-fixing violations in exchange for his cooperation.

  • July 19, 2021

    DaVita Indictment, Biden Order Ramp Up No-Poach Pressure

    The U.S. Department of Justice and the Biden White House are making it abundantly clear to expect more criminal antitrust prosecutions against employers that agree to control wages or avoid recruiting from one another.

  • July 19, 2021

    CVS' $10.4M Worker Training Settlement OK'd Over Objections

    A California federal judge approved a settlement Friday in which CVS will pay $10.4 million to end a suit involving over 24,000 pharmacy employees in California who were allegedly shorted on pay, overruling objections from some settlement class members that included allegations class counsel colluded with CVS.

  • July 19, 2021

    Dunkin' Donuts Supply Co. Faces Pot Discrimination Suit

    National DCP, a supply chain management company for Dunkin' Donuts franchisees, is facing a former employee's claims that he was unfairly fired after he failed a drug test while using marijuana to manage his Crohn's disease.

  • July 19, 2021

    Failed Movie's Producers Agree To Class Cert. In Wages Suit

    The producers of a baseball movie that never got off the ground when it ran out of money have agreed to the conditional certification of a class of crew members in a lawsuit seeking unpaid wages in Georgia federal court.

  • July 19, 2021

    Uber, Postmates AB 5 Suit Gets Nixed By Calif. Judge

    California escaped claims by Uber, Postmates and two drivers for those companies that its worker classification test is unconstitutional after a federal judge agreed to toss the suit on the grounds that the law represents a legitimate state interest.

  • July 19, 2021

    Hacking Suit Against NFL Settlement Firm Sent To Pa.

    A Florida suit claiming NFL concussion settlement auditors hacked a law firm's email is being sent by the Judicial Panel on Multidistrict Litigation to the Pennsylvania federal judge overseeing the settlement, despite arguments from the firm that the case belongs in the Sunshine State.

  • July 19, 2021

    Jackson Lewis Adds New Principal In Tampa

    Labor and employment firm Jackson Lewis PC bolstered its Tampa office with the addition of a former partner from Constangy Brooks Smith & Prophete LLP.

  • July 16, 2021

    Employment Authority: Managing The Worker Vaccination Gap

    Law360 Employment Authority covers the biggest employment cases and trends. Catch up this week with tips on how employers can manage the vaccine gulf between workers, a look at the Labor Department's new top lawyer, and how a mediation agency may take on a bigger role under the Biden administration. 

  • July 16, 2021

    GEO Bulks Up Legal Team Ahead Of $1-A-Day Wage Retrial

    GEO Group Inc. has added prominent conservative lawyer Charles J. Cooper to its defense team for a retrial on claims that it paid detained immigrant workers just $1 per day, a proceeding slated to begin in October after a mistrial last month.

  • July 16, 2021

    Seafood Eatery Loses DQ Bid Against Counsel In Wage Suit

    A New York federal magistrate judge has denied a seafood restaurant's bid to disqualify counsel for a proposed class of restaurant workers over claims they improperly solicited employees to join a wage suit, finding that their attempts to interview witnesses were not prohibited.

  • July 16, 2021

    Top 5 Int'l Trade Developments In 2021: Midyear Report

    The first half of 2021 saw the Biden administration settle a yearslong aircraft subsidy feud and prioritize vigorous labor enforcement, while the trade bar continued to wrestle with the scope of the White House's national security tariff authority. Here, Law360 recaps this year's biggest trade developments so far.

  • July 16, 2021

    BNY Mellon Reaches Settlement With Fired Former Exec

    A former executive of a Bank of New York Mellon Corp. investment unit who had alleged he was fired in retaliation for blowing the whistle on possibly unlawful business activities has settled his dispute with the bank, per a Friday order discontinuing the case.

  • July 16, 2021

    Curaleaf Unit Improperly Dissuaded Union Push, NLRB Finds

    Curaleaf Inc.'s Massachusetts subsidiary violated federal labor law by soliciting grievances and implicitly promising certain benefits to workers if they didn't support a union drive, a National Labor Relations Board judge has found, dismissing other allegations brought by the union.

  • July 16, 2021

    JPMorgan Wins Halt To Ex-Adviser's Alleged Client Poaching

    An Illinois federal judge on Friday granted a bid by JPMorgan to block a former private client adviser from soliciting the bank's clients to move their accounts over to him at Morgan Stanley after alleging he's already poached more than a dozen clients with a collective $18 million in assets.

  • July 13, 2021

    GEO $1-A-Day Wage Trial Reset For October After Hung Jury

    A Washington federal judge has set an Oct. 12 retrial date in litigation over GEO Group Inc.'s $1-a-day wages for detained immigrant workers, after a previous jury was unable to agree on whether the private prison operator violated minimum wage laws.

  • July 16, 2021

    Mechanic Defends $2.2M Award In Offshore Rig Burn Suit

    A mechanic who suffered chemical burns while working to repair an offshore drilling vessel told a Texas appellate court it should uphold the $2.2 million judgment he won after a jury said the shipowner's parent company bore the majority of the blame for his injuries.

  • July 16, 2021

    Suit Says Pittsburgh Fire Safety Law Bars Nonunion Workers

    A Pennsylvania commercial cleaning company has challenged a Pittsburgh city ordinance in federal court Thursday, claiming the law requires fire inspectors to have a certification that is only available to union-affiliated businesses.

  • July 16, 2021

    Accountant Says Celebrity Chef Workers Sued Wrong People

    A defendant in a wage theft suit by ex-employees of celebrity chef Mike Isabella's bankrupt restaurant business told a Maryland federal judge Friday that he is just an accountant and that the ex-workers should be denied their request for class certification for naming him.

Expert Analysis

  • Series

    Judging A Book: Rodriguez Reviews 'When Machines Can Be Judge'

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    Katherine Forrest's new book, "When Machines Can Be Judge, Jury, and Executioner," raises valid transparency concerns about artificial intelligence tools used by judges when making bail and sentencing decisions, but her argument that such tools should be rejected outright is less than convincing, says U.S. District Judge Xavier Rodriguez of the Western District of Texas.

  • 5 Steps For Law Firms Rethinking Flexible Work Post-COVID

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    A flexible work environment will be key to recruiting and retention efforts post-pandemic, so law firms must develop comprehensive policies that solidify expectations and boundaries on accommodations such as flextime, remote work and reduced hours, says Manar Morales at the Diversity & Flexibility Alliance.

  • Uniformity Goal Eludes Defend Trade Secrets Act, 5 Years On

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    Five years after the enactment of the Defend Trade Secrets Act, work remains to be done on achieving uniformity across jurisdictions, because state law differences being imported into the DTSA are creating the same patchwork of law the act was intended to rectify, say attorneys at MoFo.

  • Judge's Rebuke Of Mass. AG Has Lessons For All Attorneys

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    A Massachusetts federal judge’s recent rebuke of the state Attorney General’s Office for refusing to respond to discovery requests in Alliance for Automotive Innovation v. Healey highlights six important considerations for attorneys who want to avoid the dreaded benchslap, say Alison Eggers and Dallin Wilson at Seyfarth.  

  • How 5-Year-Old Defend Trade Secrets Act Has Met Its Goals

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    Case law and data reveal that, five years after its enactment, the Defend Trade Secrets Act has opened up federal courts to litigants and has proven effective against extraterritorial misappropriation, while concerns about inconsistency and overuse of ex parte seizures have not borne out, say attorneys at Crowell & Moring.

  • Opinion

    Federal Minimum Wage Should Be Indexed For Local Markets

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    The Biden administration should implement an indexed minimum wage based on the average wages in each local labor market instead of mandating a $15 federal minimum wage in all metro areas, which could grossly distort service sector compensation and discourage bidding on federal contracts, says Stephen Bronars at Edgeworth Economics.

  • Font Considerations To Give Your Legal Briefs An Edge

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    Following the D.C. Circuit’s recent notice discouraging use of the font Garamond in legal briefs, Jason Steed at Kilpatrick looks at typeface requirements and preferences in appellate courts across the country, and how practitioners can score a few extra brief-writing points with typography.

  • Discerning Need For 2nd COVID Workers' Comp Claim In Calif.

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    Diana Tsudik at Gilson Daub explains how California employers can determine whether an employee’s second round of industrial COVID-19 leave requires a new workers' compensation claim form, and how a secondary filing could unnecessarily expose the company to double liability for one injury.

  • Tips For Navigating The Visa Processing Backlog

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    The pandemic has caused U.S. embassies and consulates to fall far behind in visa processing, but new information from the U.S. Department of State can help practitioners determine where a client is in line and whether it's time to use other tools to reduce wait time, says Dominique Pando Bucci at Kurzban Kurzban.

  • Make Profitability Management Part Of Your Law Firm Culture

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    As the legal industry continues to change in the post-pandemic world, law firms should adapt to client demands by constantly measuring and managing the profitability of their services, says Joseph Altonji at LawVision.

  • Series

    Winner's Playbook: Behind The Scenes Of Lamps Plus

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    The U.S. Supreme Court issued a major decision on class arbitration in Lamps Plus v. Varela two years ago. Now, attorneys at Lewis Brisbois and Mayer Brown explain how their work for Lamps Plus developed the law on interpreting arbitration agreements that exclude language expressly addressing class arbitration.

  • The Biden Administration Is Sharpening The TSCA's Sword

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    The Trump administration implemented the 2016 amendments to the Toxic Substances Control Act in a way that critics felt benefited chemical companies, but the Biden administration can be expected to use the amendments to broaden risk reviews and impose new requirements on the regulated community, say attorneys at Kilpatrick.

  • 4 Trends In Discoverability Of Litigation Funding Documents

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    Recent rulings shed light on how courts and international arbitration tribunals decide if litigation funding materials are discoverable and reaffirm best practices that attorneys should follow when communicating with funders, say Justin Maleson at Longford Capital and Michele Slachetka and Christian Plummer at Jenner & Block.

  • Bio-Rad Ruling Highlights IP Assignment Clause Limits

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    The Federal Circuit's recent holding in Bio-Rad v. International Trade Commission, that an assignment clause wasn’t enough to claim patent ownership where the conception date followed former inventors’ employment, shows companies and workers the importance of specificity in drafting contractual limitations, say Bryan Vogel and Derrick Carman at Robins Kaplan.

  • Cannabis Legalization's Effects On Insurance Industry

    Excerpt from Practical Guidance
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    Resolution of the legal uncertainty presented by the dueling federal and state approaches to cannabis will pave the way for legal cannabis businesses to access the insurance protections the industry needs for everything from workers' compensation to auto insurance to general liability, says Christy Thiems at the American Property Casualty Insurance Association.

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