Employment

  • May 26, 2020

    DOL Looks To Beat Congress' Review Clock With 3 New Rules

    The U.S. Department of Labor finalized regulations last week covering pay and overtime issues and the labor secretary's power to review administrative decisions, looking to lock in key rules before they become fair game for the next Congress to rescind. Here, Law360 looks at the rules' potential impact on businesses and workers.

  • May 26, 2020

    CBS Says Ex-Worker Is Backtracking In Sex Harassment Suit

    A former CBS Corp. human resources manager accusing the media conglomerate of widespread sexual harassment and discrimination is now attempting to "backtrack from her sweeping and threadbare allegations" to get her suit shipped back to New York state court, according to a motion from CBS.

  • May 26, 2020

    DOL Chief Pours Cold Water On Possible Virus Safety Reg

    Labor Secretary Eugene Scalia pushed back Tuesday against criticism that the department shortchanged workers' health by not issuing an emergency workplace safety regulation during the coronavirus pandemic, saying the agency has done plenty to safeguard workers' health without having to resort to rulemaking.

  • May 26, 2020

    Judge Lets Defense Firm Exit Fee Spat With Ex-Novak Attys

    A D.C. federal judge on Saturday allowed a law firm representing a group of former Novak Druce partners without "any promise" of being paid to leave the defense table.

  • May 26, 2020

    NJ Delivery Co. Fights For Arbitration In Wage Spat

    US Pack Logistics Inc. has told a New Jersey court that a federal magistrate judge should've ordered arbitration in a delivery driver's proposed wage and hour class action, saying the driver is not a transportation worker engaged in interstate commerce who'd be exempt from arbitration.

  • May 26, 2020

    Health Exec Says She Was Fired For Raising Virus Concerns

    A former executive for an Illinois nursing home has claimed in state court that she was abruptly fired from her job because she challenged the facility's COVID-19 response whenever it was inaccurate or disregarded regulatory guidance for safely navigating the pandemic.

  • May 26, 2020

    Discover Escapes Ex-Worker's Domestic Violence FMLA Suit

    Credit card company Discover defeated a retaliation suit brought against it by a former employee Tuesday, escaping claims that it wrongfully fired the former bank fraud investigator after she took leave to recover from domestic abuse under the Family and Medical Leave Act.

  • May 26, 2020

    Tyson Asks To Be Named Victor In Antitrust Suit

    Tyson Chicken is asking to be declared the winner in a battle with a flock of chicken farmers who have accused the company of flouting antitrust laws by using a secretive tournament-style process to decide who gets paid what.

  • May 26, 2020

    Justices Let Trans Woman's Widow Sub Into Bias Case

    The U.S. Supreme Court on Tuesday allowed the widow of Aimee Stephens, a transgender woman who died earlier this month, to take her place in a major LGBTQ rights case on workplace discrimination to be decided in the coming weeks.

  • May 26, 2020

    Uber Drivers Sue New York To Get Unemployment Benefits

    Drivers for Uber and other app-based car services have sued the Empire State in federal court, alleging the labor department has slow-walked their claims for emergency unemployment benefits during the coronavirus pandemic by treating them as independent contractors.

  • May 22, 2020

    Law360 Reveals Titans Of The Plaintiffs Bar

    They've represented consumers, companies, and government entities, taken on Goliaths in industries ranging from aerospace to health care to finance to technology to sports, and won landmark victories on behalf of clients across the country.

  • May 22, 2020

    Law Dean Says DOJ Halting Whistleblowers Unconstitutional

    The dean of the University of California Berkeley School of Law said the federal government unconstitutionally deprived a whistleblower of his property interest in his lawsuit when it successfully petitioned a Pennsylvania federal court to toss the case against a UnitedHealth Inc. unit, according to an amicus brief filed with the Third Circuit Friday.

  • May 22, 2020

    COVID-19 IP Catch-Up: Courts Divided On Getting IP To Trial

    Intellectual property proceedings impacted by the COVID-19 pandemic have been pressing along on different timelines throughout the country, with live oral arguments resumed for a case in Michigan, trials further delayed in California and witnesses allowed to stay home in New York. The Federal Circuit, taking the state-by-state unpredictability into account, has called off in-person arguments indefinitely. 

  • May 22, 2020

    Mass. Lyft Drivers Get Boost, But No Employee Status Just Yet

    A Massachusetts federal judge said that Lyft drivers suing to gain employee status have a good shot at proving they're being misclassified as independent contractors, but they haven't shown they've been irreparably harmed enough to justify an emergency preliminary injunction amid the pandemic.

  • May 22, 2020

    4 Ways Tax Pros Say Pandemic Has Changed Their Practice

    From creating online professional and legal education for clients who can no longer attend conferences to developing new methods of communication with state tax agencies, the global pandemic has changed state tax practices in significant ways. Here Law360 presents four of them.

  • May 22, 2020

    State Dept. Plans Changes To Au Pair Rules After Wage Ruling

    The federal government is revising its au pair program to clarify that the program is governed by federal and not state law after a federal appeals court ruled that au pairs must be paid higher state minimum wages, a State Department official confirmed to Law360 on Friday.

  • May 22, 2020

    Alaska Air Pilot Wins Class Status For Military Bias Suit

    A Washington federal judge on Friday granted class status to a suit accusing Alaska Airlines of unlawfully denying pilots accrued vacation or sick time while out on military assignments, after the airline and the pilot who sued agreed on narrower class definitions.

  • May 22, 2020

    Job Market Withdrawal Voids Workers' Comp, Pa. Panel Says

    A Pennsylvania appeals court ruled Friday that a former Koninklijke Philips NV subsidiary employee who withdrew from the workforce in part due to an on-the-job shoulder injury and in part to help care for his children was not entitled to receive workers' compensation benefits.

  • May 22, 2020

    '09 Law Grads Offer Advice To Survive 2020 Job Search Chaos

    DLA Piper partner Jamila Justine Willis knows well the knot of worry that has become a permanent fixture over the last few months for law students in the Class of 2020.

  • May 22, 2020

    Dems' Bill Would Require Watchdog Firings To Be For Cause

    A quartet of senior Democrats introduced a bill on Friday that requires any removal of an inspector general to be for cause, a response to President Donald Trump's allegedly retaliatory firings of watchdogs investigating his administration.

  • May 22, 2020

    Rakoff Take On Constructive Discharge Law Hits 2nd Circ.

    Manhattan U.S. District Judge Jed S. Rakoff erred in dismissing an ex-New York City worker's claim that she was forced to quit by a boss whose harassment made her job a "living hell," a Second Circuit panel heard Friday in a constructive discharge appeal that could impact future damages awards.

  • May 22, 2020

    Uber Aims To Trim Calif. Drivers' Employment Status Row

    Uber has asked a California federal judge to slash a consolidated class action accusing the ride-hailing giant of flouting a Golden State worker classification law by labeling drivers as independent contractors to deny them proper wages, sick leave and expense reimbursements.

  • May 22, 2020

    4 Questions Workers Have About Reopening In A Pandemic

    As employers in many parts of the country get back to business, workers are pondering tough questions, including whether they can refuse to work if they feel unsafe and what happens to their unemployment benefits if they do. Here, Law360 looks at four key questions workers have on their minds.

  • May 22, 2020

    $38M In Ch. 11 Bonuses OK'd For Frontier Execs

    A New York bankruptcy judge on Friday approved nearly $38 million in bonus payments for Frontier Communications Corp. executives, saying the boosted pay appears to be in line with industry standards and not earmarked for company insiders.

  • May 22, 2020

    NCAA Amateurism Under Fire As 9th Circ. Opens Door To Pay

    A recent Ninth Circuit ruling allowing colleges to provide athletes with more education-related benefits could set the stage for future litigation seeking to further loosen limits on compensation, as the NCAA moves forward with its own reforms.

Expert Analysis

  • Top Employer Return-To-Work Considerations: Part 3

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    Employers should capitalize on lessons learned from the pandemic to establish policies for remote work, employment contracts, safety and employee benefits that will be helpful in navigating future emergencies, say attorneys at Eversheds Sutherland.

  • Emerging Trends From Bankruptcy Rulings On PPP Access

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    Barred from the Paycheck Protection Program without a compelling justification, employers in bankruptcy are turning to the courts for temporary relief and the resulting decisions are showing some broad similarities, say attorneys at Thompson Hine.

  • Opinion

    USCIS Should Lower Employment Barriers Amid Pandemic

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    U.S. Citizenship and Immigration Services should recognize our dependence on foreign workers in critical health care and life sciences positions by immediately relaxing restrictions on H-1B visa extensions and restoring expedited processing, says Susan Cohen at Mintz.

  • Business Divorce In The Time Of COVID-19

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    As the COVID-19 crisis impacts some private companies so severely that their owners can't agree on a path forward, they may weigh selling shares and member interests, invoking dispute resolution procedures, and pursuing statutory relief, says Stephen Brodsky at Kaufman Dolowich.

  • What All Attorneys Can Learn From Female Rainmakers

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    Soon lawyers may find an unrecognizable competitive landscape in which most firms will be vulnerable — if they don't rapidly start upgrading their client development tactics to ones like those used by female rainmakers, says marketing consultant Craig Levinson, who recently interviewed Jennifer Trock, Desiree Moore and Debra Fischer about their secrets to success.

  • Rebuttal

    Risks Of Including H-1B Workers In Companywide Pay Cuts

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    Employers should be permitted to include H-1B workers in companywide pay cuts without filing amended petitions, provided wage conditions are met and the new actual wage is documented, but we disagree with the position taken in a recent Law360 guest article that such action is without risk, say Denise Hammond and Yeon Me Kim at Grossman Young.

  • New Questions For Employers Defending Equal Pay Act Suits

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    The Ninth Circuit's recent ruling in Rizo v. Yovino adds to growing uncertainty for employers as to what role an applicant's prior pay may play in setting compensation and defending against Equal Pay Act claims — an issue that may now be ripe for U.S. Supreme Court review, say attorneys at Weil.

  • Top Employer Return-To-Work Considerations: Part 2

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    As shelter-in-place orders expire and employees return to work, companies will need to address benefits issues, including mid-year changes to cafeteria plan elections, Affordable Care Act implications and retirement plan concerns, say attorneys at Eversheds Sutherland.

  • Nonprofit Member Lists May Be Trade Secrets

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    The temporary restraining order ruling in the ongoing California federal case Brain Injury Association of California v. Yari provides helpful insights into when and how a nonprofit organization's master membership list may constitute a protectable trade secret under the Defend Trade Secrets Act, says Richard Bar at GKG Law.

  • What Hospitality Cos. Should Know About Virus Relief Funds

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    Yuval Tal and Jeffrey Horwitz at Proskauer highlight key issues the hospitality industry may face related to coronavirus relief funds under the Paycheck Protection and Main Street Lending Programs, including general eligibility, forgiveness qualifications and satisfaction of the so-called necessity requirement.

  • Pandemic Drug Test Guidance Offers Relief To Trucking Cos.

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    Recent Federal Motor Carrier Safety Administration guidance on truck driver drug and alcohol testing recognizes COVID-19's strain on medical resources, but the transportation industry must still comply with certain key regulatory requirements to ensure safe movement of goods, say attorneys at Cozen O'Connor.

  • An Early Look At Congressional Oversight Of The Pandemic

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    Oversight of the public and private sectors' responses to the COVID-19 crisis will dominate Capitol Hill's attention for many years, and we can already see what some of those efforts may entail, say attorneys at Steptoe & Johnson.

  • Top Employer Return-To-Work Considerations: Part 1

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    As COVID-19 stay-at-home orders lift, companies preparing for workers to return must address key issues, such as communication, timing, terms and conditions changes, workers’ compensation, and safety, say attorneys at Eversheds Sutherland.

  • $13M UCLA Case Exposes Calif. Employment Litigation Flaws

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    The California Court of Appeal recently reversed a jury's $13 million age discrimination judgment against UCLA, but the facts of the case and the original verdict explain why employers are increasingly opting for arbitration over civil litigation, says Anthony Oncidi at Proskauer.

  • Promoting Lawyer Well-Being Is More Essential Than Ever

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    As the COVID-19 pandemic profoundly tests the overall well-being of lawyers, firms with behavioral health programs can leverage or adapt many existing resources to respond to the crisis, while firms without formal programs can find little ways to make a big difference, says Krista Larson, director of employee well-being at Morgan Lewis.

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