Employment

  • April 27, 2021

    The Gap Nabs Dismissal Of Investor's Board Diversity Suit

    A California federal magistrate judge on Tuesday granted The Gap board members' request to toss a shareholder's derivative suit alleging they failed to uphold their stated commitment to diversity and inclusion, saying he company's bylaws contain a clear forum selection clause requiring derivative claims to be brought in the Delaware Court of Chancery.

  • April 27, 2021

    Mass. Town Can't Fire Black Firefighter Who Alleged Racism

    Massachusetts' top court on Tuesday said the town of Brookline should not have fired a firefighter who said he suffered racist abuse in the workplace, finding that the Boston suburb did not do enough to address the worker's concerns.

  • April 27, 2021

    UAW Reform Group Can't Intervene In $1.5M Fraud Deal

    A Michigan federal judge ruled Tuesday that a grassroots membership caucus of the United Auto Workers can't intervene in the union's $1.5 million deal to settle the government's fraud and corruption investigation, finding that the request is untimely and the group doesn't have a tangible legal interest in its enforcement.

  • April 27, 2021

    Polsinelli Says Former Atty Must Arbitrate LGBT Bias Claims

    Polsinelli PC told a Texas federal court Tuesday that a prominent bankruptcy attorney's LGBTQ bias suit against the firm should be shipped off to arbitration, pointing to an arbitration provision in his employment agreement and accusing the lawyer of mistreating his former female colleagues.

  • April 27, 2021

    Most Firms Withhold Hard Data In Human Capital Disclosures

    A report released Tuesday shows many public companies have begun complying with new U.S. Securities and Exchange Commission rules that require more detailed disclosure of workforce information — often dubbed human capital — albeit in minimal fashion.

  • April 27, 2021

    Pa. Wage Theft Cases Put Employers On Notice, Attys Say

    A nearly two-year prison sentence handed down Monday in a largely unprecedented case over a Pennsylvania contractor's failure to pay some $65,000 in prevailing wages highlights what attorneys say is the growing threat of the criminal enforcement of state labor laws by newly aggressive prosecutors.

  • April 27, 2021

    Colo. Pot Security Co. Employees Can Pursue Wage Suit

    A Colorado federal judge conditionally certified a class of guards who worked for marijuana security firm Helix TCS in a lawsuit accusing the company of failing to pay them overtime, saying Tuesday the company can't rely on a three-year delay it created to limit the class members.

  • April 27, 2021

    Uber Says NJ Driver Can't Duck Arbitration In Wage Row

    Uber has told a federal court a New Jersey driver does not fit the definition of a transportation worker engaged in interstate commerce and must face arbitration, saying a precedential Third Circuit ruling in 2019 did not secure him a pathway to pursue his wage-and-hour claims in court.

  • April 27, 2021

    DOL Recovers $500K In Back Wages From HUD Contractor

    The U.S. Department of Labor said it has collected over $500,000 in back wages owed to employees of a HUD-backed construction firm and its subcontractors after an investigation into wide-ranging violations of federal wage laws.

  • April 27, 2021

    Ex-Mayer Brown Atty's Suit Should Hit Red Light, Car Co. Says

    Electric car company Faraday&Future has asked a California federal judge to toss a former Mayer Brown LLP partner's suit accusing the startup of tricking him into accepting an in-house job, saying the attorney negotiated and drafted his own employment agreement with the company while still working at the law firm.

  • April 27, 2021

    UT Austin Students Push To End White Applicants' Bias Suit

    A group of University of Texas at Austin students want a Texas federal court to toss a Students for Fair Admissions Inc. lawsuit challenging the school's race-conscious admissions program, arguing that the principles of standing shouldn't be bent to allow the organization to continue its founder's "crusade" against such programs.

  • April 27, 2021

    Hedgeye Says Ex-Managing Director Stole Trade Secrets

    Hedgeye Risk Management LLC has launched a trade secret lawsuit in New York federal court accusing a former managing director of stealing the investment research house's financial models and running off to start his own competing business.

  • April 27, 2021

    Pa. Meat Processor Hit With Suits Over Denied Virus Leave

    Two former employees said a Pennsylvania food company wrongfully denied them leave to care for their children during the early days of the COVID-19 pandemic, then terminated them in retaliation for taking time off, according to lawsuits filed in federal court.

  • April 27, 2021

    GOP Sens. Balk At Oil, Gas Tax Hikes For Infrastructure Bill

    Democratic proposals to eliminate the preferential tax treatment afforded to oil and gas companies would be a nonstarter for GOP lawmakers in negotiations with Democrats over a major infrastructure bill, Republicans on the Senate Finance Committee said Tuesday.

  • April 27, 2021

    Retired Boston Cop Pleads Guilty In OT Embezzlement Case

    A former Boston police officer admitted Tuesday to filing for overtime hours at the department's evidence warehouse that he did not work, the first of nine cops charged in the case to plead guilty.

  • April 27, 2021

    Meet The Attorneys In Yale Affirmative Action Suit

    Yale University is tapping attorneys from BigLaw firm Day Pitney LLP to defend it against a suit brought by boutique firm Consovoy McCarthy PLLC on behalf of a group that opposes affirmative action accusing the university of favoring applicants of certain races.

  • April 26, 2021

    SandRidge Asks Texas Justices To Toss Electric Shock Suit

    SandRidge Energy Inc. has asked the Texas Supreme Court to overturn a lower court's decision allowing a contractor who was shocked while working near a live wire to proceed with his suit against the company, arguing it wasn't required to warn the contractor about the live wire.

  • April 26, 2021

    The Gap Urges Judge To Toss Investor's Board Diversity Suit

    The Gap's board members urged a California federal magistrate judge Monday to toss a shareholder's derivative suit alleging that they failed to uphold their stated commitment to diversity and inclusion, arguing that the investor can't flout the Gap's forum-selection clause requiring that the dispute be resolved in the Delaware Court of Chancery.

  • April 26, 2021

    ICE Contractor Cites Chauvin Case In Push For In-Person Trial

    A private prison company accused of violating Washington labor laws by paying immigration detainees wages of $1 per day wants its trial to be held primarily in-person, citing the trial of Derek Chauvin as proof that such proceedings can be safe.

  • April 26, 2021

    Attys From BYU-Idaho Title IX Suit Won't Be DQ'd

    An Idaho federal judge has agreed that a law firm is conflicted by representing both Brigham Young University – Idaho and the Church of Jesus Christ of Latter-day Saints in litigation involving allegations that the school failed to properly respond to reports that a late professor sexually abused a student, but declined to disqualify the firm from the case.

  • April 26, 2021

    Aviation Co. Must Face Whistleblower Suit Over Jet Safety

    A New Jersey federal judge on Monday refused to toss a lawsuit alleging an air charter company fired an employee for raising safety concerns and complaining about gender discrimination, noting that she was terminated less than a week after purportedly being told that jet owners were aware of her objections.

  • April 26, 2021

    Nike, Retail Workers Reach $8.25M Bag Check Deal

    Nike Retail Services has agreed to pay $8.25 million to settle workers' claims that it didn't pay them for time spent waiting for end-of-shift security checks, according to a Friday settlement filing in California federal court.

  • April 26, 2021

    Calif. Panel Clarifies Interest In Apple's $2M Wage Loss

    A California appeals court held Friday that Apple must pay interest on litigation costs starting on the date the trial judge entered a $2 million judgment against it in a certified class action by retail store workers over meal breaks, even though the exact costs were not calculated at the time.

  • April 26, 2021

    Amazon Wants Ex-Worker's Contract Claim Axed In Pot Row

    Amazon has sought the dismissal of a breach of contract claim in a suit accusing the company of not hiring a temporary employee for a full-time position after he failed a drug test despite having a medical marijuana license, arguing that he had not pled the existence of a contract.

  • April 26, 2021

    Pa. Contractor Gets Up To 2 Years In AG's Wage Theft Case

    A central Pennsylvania contractor was sentenced to as many as two years in prison Monday after he copped to charges that he stole tens of thousands of dollars from workers, which he did by failing to pay prevailing wage rates as required under state law.

Expert Analysis

  • Avoiding Materially Adverse Conflicts After New ABA Opinion

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    The American Bar Association's recent guidance on what constitutes materially adverse interests between clients makes clear that lawyers should not take comfort in a current representation just because a former client is not on the opposite side of the v., and those hoping to avoid disqualification should consider five steps, says Hilary Gerzhoy at Harris Wiltshire.

  • It Isn't Too Early To Form Post-Pandemic Workplace Policies

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    The COVID-19 crisis isn't over yet, but a year in, it's time for employers to think ahead and anticipate the policies that workplaces will need when the pandemic is behind them, including health and hygiene, remote work, and crisis preparation protocols, says Joseph Nelson at Fisher Phillips.

  • Recent Events Call For Boards To Weigh Stakeholder Interests

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    As the confluence of the pandemic, Black Lives Matter protests and recent violence at the U.S. Capitol demonstrate institutions' role in perpetuating inequality, boards must recognize the interconnectivity of environmental, social and governance issues affecting all stakeholders with an interest in their organization's decisions and activities, says Nicole Marie Crum at Sullivan & Worcester.

  • Opinion

    DOJ Should Take Cue From SEC On Whistleblower Incentives

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    The new Criminal Antitrust Anti-Retaliation Act is a step in the right direction for uncovering cartels, but to reenergize enforcement, the U.S. Department of Justice should provide financial incentives to antitrust whistleblowers in line with what the U.S. Securities and Exchange Commission offers financial tipsters, says attorney Robert Connolly.

  • Rebuttal

    US Legal System Can Benefit From Nonlawyer Ownership

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    Contrary to claims made in a recent Law360 guest article, nonlawyer ownership has incrementally improved the England and Wales legal system — with more innovation and more opportunities for lawyers — and there is no reason why those outcomes cannot also be achieved in the U.S., say Crispin Passmore at Passmore Consulting and Zachariah DeMeola at the University of Denver.

  • Civil Trial Lessons From Trump Impeachment

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    Impeachment trials are remarkably similar to civil litigation involving punitive damages, and lawyers preparing for jury trial can learn from the arguments and evidence laid out last week by Democratic presenters from the U.S. House of Representatives as well as the Trump defense team, says Alan Tuerkheimer at Trial Methods.

  • 7 False Claims Act Enforcement Trends To Watch

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    False Claims Act enforcement statistics, along with anticipated enforcement priorities under the Biden administration, suggest that we will see a significant increase in FCA investigations and related litigation, targeting a widening array of industries and categories of defendants, say attorneys at Winston & Strawn.

  • Assessing Damages Theories In Recent Trade Secret Verdicts

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    Comparing different damages theories and verdicts in two recent trade secret decisions, Ajaxo v. E-Trade in California state court and Syntel v. TriZetto in New York federal court, offers insight for litigators developing case filing and risk management strategies, say Daniel McGavock and Robert Goldman at Charles River.

  • Opinion

    Calif. High Court Must Clarify Employee Nonsolicitation Policy

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    ​​​​California's policy on noncompete clauses has confounded employers for years, with the split among courts becoming more entrenched in the wake of the 2018 state appeals court ruling in AMN Healthcare v. Aya Healthcare Services — and the confusion will persist until the California Supreme Court takes up the issue, say attorneys at Skadden.

  • Building A Law Firm Knowledge Bank For Thought Leadership

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    Marketing professionals often do not have firsthand knowledge of current legal trends and client issues, so law firms need to commit to an ongoing knowledge extraction process — a series of steps to draw out attorney insights that can help marketers create effective and frequent thought leadership content, says Michelle Calcote King at Reputation Ink.

  • What The Biden Presidency Means For Class Actions

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    With Democrats now controlling Congress and the White House, class action litigation may flourish in the coming years — which will be good both for consumers and for well-behaving companies who would otherwise lose market share and profits to unpoliced cheaters, says Daniel Karon at Karon LLC.

  • Data Compliance Issues For Cos. Making, Using Vaccine Apps

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    To manage privacy concerns with COVID-19 vaccine verification tools, developers should look to the Federal Trade Commission's Fair Information Practice Principles to build secure applications consistent with U.S. privacy laws, and employers should ensure that notice, recordkeeping and retention requirements are in place, say attorneys at Troutman Pepper.

  • Opinion

    Biden's Immigration Plan Should Do More to Protect Workers

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    The Biden administration's pathway to citizenship plan is a critical first step to immigration reform, but policy should also protect workers by bolstering labor standards, addressing the criminalization of immigrants and disentangling criminal justice from immigration enforcement, says Rebecca Galemba at the Josef Korbel School of International Studies.

  • Cos. Should Keep A Close Watch On SIGPR Enforcement

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    The special inspector general for pandemic recovery is enlisting help from other agencies to broadly exercise its enforcement mandate, and there is no better time than now for companies to ensure they are documenting use of relief funds, particularly if they borrowed from more than one program, say attorneys at Cadwalader.

  • Let's Emerge From The Pandemic As Legal Innovators

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    The pandemic forced a digital reckoning on the legal profession — which switched to remote workforces, paperless workflows and digital signatures seemingly overnight — and law firms and corporate legal departments can keep up the innovation momentum with three guiding principles, says Kevin Clem at HBR Consulting.

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