Employment

  • June 22, 2020

    Equitrans Misclassified Inspectors As OT-Exempt, Suit Says

    Equitrans Midstream Corp. and one of its units were hit with a proposed class action Monday in Pennsylvania state court, alleging that they improperly classified inspectors as exempt from overtime pay despite most regularly putting in 80-plus hours a week.

  • June 22, 2020

    Perkins Coie Settles Secretary's Age Bias Suit

    Perkins Coie LLP has settled a lawsuit brought by a former secretary who claims she was forced to resign because of her age.

  • June 20, 2020

    Trump Loses Bid To Block Bolton's White House Memoir

    A D.C. federal judge on Saturday denied the Trump administration's request to immediately block the publication of former national security adviser John Bolton's highly anticipated memoir, ruling it was too late to stop a book that has already "been printed, bound, and shipped across the country."

  • June 19, 2020

    9th Circ. Says Calif. Law Targeting IMDb Is Unconstitutional

    The Ninth Circuit said Friday a California law requiring the Internet Movie Database to remove an actor's age information upon request was unconstitutional because, while it was an effort to fight age discrimination, the law seemed to target a single entity: IMDb.

  • June 19, 2020

    3rd Circ. Won't Revive Dominion Energy Retirees' ERISA Suit

    The Third Circuit on Friday refused to revive Employee Retirement Income Security Act claims brought by a group of Dominion Energy Transmission retirees challenging changes to their post-retirement medical benefits, ruling that their medical plan's coverage terminated when their collective bargaining agreement ended.

  • June 19, 2020

    Workers Defend Ill. Biometric Suit Against Online Gift Retailer

    Workers suing an online gift platform owned by Bed Bath & Beyond under Illinois' biometric privacy law urged a federal judge Friday to consider a recent decision in favor of an employee in a similar suit as the court weighs whether to toss their case.

  • June 19, 2020

    Wash. Justices Say Schools On Hook For Worker Sex Assault

    The Washington Supreme Court has ruled that sexual assault qualifies as a form of discrimination under a state anti-discrimination law, and school districts can therefore be held strictly liable for sexual assaults perpetrated by employees, in a suit accusing a bus driver of molesting schoolchildren.

  • June 19, 2020

    Fluor Says There's No Jurisdiction For Afghan Bombing Suit

    Fluor Corp. urged a South Carolina federal judge Friday to end a suit alleging it is liable for a U.S. Army soldier's injuries from a 2016 suicide bombing in Afghanistan, arguing that the case doesn't belong in the state.

  • June 19, 2020

    Judge To 'Wrestle' With Cert. Bid In PNC Unpaid Wage Case

    PNC mortgage loan officers urged a California federal judge Friday to grant their renewed bid for class certification in a lawsuit alleging the bank failed to pay them for time spent in training sessions, but the judge expressed concern about estimation of damages since workers' time in trainings hadn't been recorded.

  • June 19, 2020

    Questions About 'Nonbinary' Bias Linger After LGBT Ruling

    Although the U.S. Supreme Court's landmark ruling that gay and transgender people are protected from workplace bias likely extends to people who identify as nonbinary, the justices left enough ambiguity for that issue to potentially be raised in future cases, experts say.

  • June 19, 2020

    5th Circ. Tells Strip Club To ID Dancers It May Owe Wages

    A strip club has to produce the names and arbitration agreements of dancers who may be eligible to join a proposed collective action alleging it misclassified workers as independent contractors, the Fifth Circuit ruled Friday.

  • June 19, 2020

    $7.95M Deal Ends DOD Drivers' Overtime Suit

    The federal government will pay $7.95 million to end a collective action claiming it underpaid U.S. Department of Defense truck drivers by relying on a formula that miscalculated rest breaks and hours worked, the drivers' attorney told Law360.

  • June 19, 2020

    Bid To Halt John Bolton's White House Memoir Met With Doubt

    A D.C. federal judge expressed strong skepticism Friday of President Donald Trump's emergency bid to immediately block the publication of former national security adviser John Bolton's highly anticipated memoir, saying thousands of copies have already been printed and distributed across the country and shipped internationally for next week's release.

  • June 19, 2020

    Lewis Brisbois Scoops Up Employment Litigator In Pittsburgh

    Lewis Brisbois Bisgaard & Smith LLP has boosted its Pittsburgh footprint by bringing on an employment law litigator from the Levicoff Law Firm PC with experience in areas ranging from wage-and-hour class actions to discrimination cases.

  • June 19, 2020

    Mass. Carpenter Who Cut Off Own Thumb Can't Go To Trial

    A Massachusetts appellate panel on Friday affirmed the dismissal of a suit accusing a homeowner of causing a carpenter to sever his own thumb with a table saw due to an overcrowded workplace, saying the homeowner had no control over the workplace.

  • June 19, 2020

    Justices' LGBT Ruling May Mean More Bias Cases Reach Trial

    Older and disabled workers may have an easier time getting workplace bias cases before a jury thanks to the U.S. Supreme Court's landmark ruling that federal law forbids job discrimination based on sexual orientation and gender identity.

  • June 19, 2020

    New York City Law Firms OK'd To Reopen Offices Monday

    New York Gov. Andrew Cuomo announced Friday that law firms in New York City are officially allowed to open their offices — with restrictions — starting Monday, leading the state's bar association president to remark that attorneys are "chomping at the bit" to get back.

  • June 19, 2020

    SEC Awards $700K To Whistleblower For By-The-Book Help

    The U.S. Securities and Exchange Commission said Friday that it paid nearly $700,000 to a whistleblower who facilitated a successful enforcement action, demonstrating in its order that the individual scored points by touching on virtually all the positive criteria the agency uses to calculate payout amounts.

  • June 19, 2020

    Alaska Air Fights Class Cert. Bid In Military Leave Pay Row

    Alaska Airlines Inc. and a sister carrier have urged a Washington federal judge not to give class status to a suit claiming the airlines shorted pilots on pay when they took short-term military leave, arguing the pilot who sued isn't actually in the military anymore.

  • June 19, 2020

    NYC Construction Biz Sues Insurer Over $1M Injury Claim

    Illinois Union Insurance Co. must pay legal defense costs in a $1 million workplace injury case, a New York City construction company told a Brooklyn federal court Friday.

  • June 19, 2020

    Texas Panel Rules Fort Worth Must Face Whistleblowers' Suit

    A Texas appellate panel has ruled Fort Worth must face a retaliation suit from two formerly high-ranking police officers, holding that there is enough evidence for a jury to determine they were demoted for suggesting a perjury investigation against an officer who allegedly lied about a woman pushing him during her arrest.

  • June 19, 2020

    Eastern Airlines Says Exec Sought COVID-19 Leave Too Early

    Eastern Airlines urged a Pennsylvania federal judge Friday to dismiss a suit from a former director who claims she was wrongly fired for trying to take time off under the Families First Coronavirus Response Act, saying she was fired before the act went into effect.

  • June 19, 2020

    Morgan Lewis DQ Reversed In Calif. OT Case

    Morgan Lewis & Bockius LLP should not be disqualified from representing a real estate settlement service provider even though its attorneys allegedly communicated with members of an unpaid overtime class action, because the class didn't establish that the firm violated ethical rules, a California state appellate court held.

  • June 19, 2020

    Coronavirus Q&A: Allen Matkins' Real Estate Leader

    In this edition of Coronavirus Q&A, Allen Matkins' global real estate leader discusses the problems with a proposed California Senate bill designed to help small businesses amid the pandemic, and addresses the challenges of reopening businesses in the state.

  • June 19, 2020

    Vaccine Co. Must Face Claim It Illegally Refused Job Applicant

    Seqirus Inc. must face a lawsuit by a financial analyst who claims the flu vaccine company violated federal anti-discrimination law by refusing to hire him because he was 60 years old at the time, a Massachusetts federal judge ruled.

Expert Analysis

  • FTC Continues To Zero In On Problematic M&A Noncompetes

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    Although noncompete clauses often play a vital role in mergers and acquisitions, they are not immune from antitrust scrutiny — exemplified by three recent Federal Trade Commission challenges, say Joel Grosberg and Lisa Rumin at McDermott.

  • Using The M&A Slowdown To Prepare A Portfolio Co. For Sale

    Excerpt from Lexis Practice Advisor
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    Dealmakers can take advantage of COVID-19’s dampening effect on M&A activity to work through timing, pandemic considerations and sale process coordination for portfolio company sales so their deals will be ready when the market eventually picks back up, say Michael Gilligan and Caitlin Cornell at Schulte Roth.

  • Preparing For A Deluge Of COVID-19 Whistleblower Claims

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    Attorneys at Proskauer break down the kinds of COVID-19 whistleblower retaliation claims employers should anticipate, and explain key steps to minimize risks under the Occupational Safety and Health Act, National Labor Relations Act, Families First Coronavirus Response Act, and state laws.

  • Opinion

    Credibility Concerns About Virtual Arbitration Are Unfounded

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    Concerns that videoconferenced arbitration hearings compromise an arbitrator's ability to reliably resolve credibility contests are based on mistaken perceptions of how many cases actually turn on credibility, what credibility means in the legal world, and how arbitrators make credibility determinations, says Wayne Brazil at JAMS.

  • A Texas Case Could Put Electronic Agreements In Jeopardy

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    A dispute between staffing firm Aerotek and four former employees over enforceability of electronic arbitration agreements, currently being petitioned for review by the Texas Supreme Court, could signal a big problem not only for employers but all companies that transact business outside of their own locale, says Abby Brown at Moye White.

  • New Risk Of Whistleblower, Retaliation Claims In Health Care

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    Pandemic circumstances put health care facilities in a bind — they must continue to treat their patients, protect patient privacy, and ensure they have sufficient staff who are ready and willing to work, while also protecting themselves from the heightened threat of whistleblower and retaliation lawsuits, say attorneys at Pepper Hamilton.

  • NY Ruling Highlights Limits To Employee Noncompetes

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    Following a New York federal court’s recent decision in Flatiron Health v. Carson, employers should limit restrictive covenants to client relationships developed at the company's expense, and reject the expectation that overreaching agreements may be partially enforced, says Ihsan Dogramaci at Pavia & Harcourt.

  • Human Rights Are Becoming A Compliance Issue

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    A recent commitment from the European Union's commissioner for justice to introduce rules for mandatory corporate human rights due diligence next year may signal the arrival of this issue as a global business imperative, making it as fundamental as anti-corruption diligence, say attorneys at Paul Hastings.

  • How CFTC's Agricultural Enforcement May Evolve Amid Crisis

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    The U.S. Commodity Futures Trading Commission recently singled out agricultural commodities market manipulation as an area of focus, potentially representing a return to the agency’s core mission that could shape enforcement during the current crisis, say attorneys at Latham.

  • A Lawyer's Guide To Client Service Continuity Planning

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    Ensuring uninterrupted client service and compliance with ethical obligations in a time when attorneys are more likely to fall ill means taking six basic — yet often ignored — steps to build some redundancy and internal communication into legal practice, say attorneys at Axinn.

  • Employee Virus Testing Could Spark Class Action Claims

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    While employee COVID-19 testing may enhance safety and reassure a nervous workforce, its potential to generate Americans with Disabilities Act, wage and hour, discrimination, and privacy class actions should not be ignored, say attorneys at Epstein Becker.

  • Key Tax Factors To Consider Before Accepting PPP Loans

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    Taxpayers should weigh the costs and benefits of Paycheck Protection Program loans, as they affect the deductibility of certain costs of doing business and invalidate employee retention tax credits, also available under the Coronavirus Aid, Relief, and Economic Security Act, say Libin Zhang and Xenia Garofalo at Fried Frank.

  • Lessons On Trade Secret Claims From Possessor, Not Owner

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    The Third Circuit's recent trade secrets decision in Advanced Fluid Systems v. Huber is particularly important for companies in relationships whereby vendors create, use or apply confidential information and trade secrets to develop solutions or manufacture products for other entities pursuant to a contract, say attorneys at Proskauer.

  • Virtual Meetings Could Be Fertile Ground For Legal Discovery

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    Many remote meeting technologies include recording features as default settings, raising three primary concerns from a legal discovery and data retention perspective, and possibly bringing unintended consequences for companies in future litigation, says Courtney Murphy at Clark Hill.

  • Opinion

    9 Ways To Improve The Paycheck Protection Program

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    The CARES Act's well-intentioned Paycheck Protection Program has problems, and Congress should take steps to better protect small businesses and define several terms that continue to cause confusion, says Samantha Block, a judicial clerk at the U.S. Court of Federal Claims.

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