Employment

  • May 25, 2021

    Insurer Says It Won't Defend Pallet Co.'s BIPA Suit

    Citizens Insurance Company of America on Tuesday asked an Illinois federal court to determine it has no obligation to cover a pallet company's fight with employees alleging data privacy violations, saying several exclusions in the company's policy apply.

  • May 25, 2021

    Feds Fight Bid For High Court Review Of FCA Standard

    The federal government wants the U.S. Supreme Court to brush off a request to review a Seventh Circuit decision that outlined a new way of assessing U.S. Department of Justice efforts to torpedo disfavored whistleblower suits under the False Claims Act.

  • May 25, 2021

    MLB Says Minor Leaguer's Injunction Class Bid Is Off Base

    A minor-league pitcher brought in to relieve departing class representatives in MLB's long-running wage dispute with farm league players cannot seek a classwide injunction in the case, because he hasn't played for any of the teams being sued, MLB argued in a California federal court filing Monday.

  • May 25, 2021

    Employers Not Keen On Mandatory Vaccinations, Survey Says

    Eighty-three percent of U.S. employers aren't forcing workers to get the COVID-19 vaccine, even though most businesses want their employees to get the jab, according to a Fisher Phillips survey of professionals including human resources staff, counsel and executives released Tuesday.

  • May 25, 2021

    State Farm Says Sales Reps Can't Pursue Class ERISA Claim

    State Farm argued Monday that its contracted sales representatives are excluded from most of the benefit plans they claim they were blocked from participating in and asked an Illinois federal judge to end the claims.

  • May 25, 2021

    Ex-Exec At Instagram Star's CBD Biz Can't Get Atty Fees Yet

    A California judge paused a request by a former Ignite executive to collect attorney fees over claims he was fired for refusing to approve personal expenses under a Paycheck Protection Program loan, giving an appeals court time to examine the cannabis business' failed anti-SLAPP motion.

  • May 25, 2021

    Bankrupt Hertz Reaches Settlement On $48M Overtime Suit

    Bankrupt car rental giant Hertz Global told a New York court that it has settled a $47.9 million potential class action claim over unpaid overtime for $200,000 in cash, as part of a larger $7.1 million settlement of this and four similar suits.

  • May 25, 2021

    Panera Wants Pagan Worker's Discrimination Suit Arbitrated

    An arbitrator should hear a former Pittsburgh-area Panera Bread employee's claim that she faced discrimination from her Christian co-workers after revealing that she practiced a form of neo-paganism, attorneys for the restaurant told a Pennsylvania federal court.

  • May 25, 2021

    DOJ And IT Staffing Co. End Asylee Bias Claims

    A Georgia-based IT staffing company agreed to a civil penalty to settle allegations from the U.S. Department of Justice that it illegally required an asylee to provide more documents than necessary to prove his work eligibility and fired him when he refused.

  • May 25, 2021

    Amtrak Says Ex-Cop Can't Hide Past Conviction In Injury Suit

    Amtrak is fighting a bid by one of its former police officers in a workplace injury suit to restrict what a jury hears about his past conviction for misrepresenting his work experience, saying it demonstrates the officer's propensity for lying to the company.

  • May 25, 2021

    Scotts OT Suit Nets More Than $1M In Atty Fees

    A Florida federal judge has approved over $1 million in fees for attorneys at law firms Morgan & Morgan PA, Cohen Rosenthal & Kramer LLP and Gallup Auerbach who successfully brought a proposed class action against Scotts Co. LLC to a $3.1 million settlement.

  • May 24, 2021

    Wawa Managers Can't Get Class Cert. On OT Claims

    A Pennsylvania federal judge on Monday shot down a Wawa manager's request for conditional class certification in a dispute over overtime pay and off-the-clock work, noting that she already tossed those claims earlier this month, rendering the motion for class certification moot.

  • May 24, 2021

    Rincon Band Inks Tentative Settlement In Termination Suit

    A tentative settlement agreement in a wrongful termination suit has been reached in a Ninth Circuit mediation between a former casino manager, Caesars Entertainment Services and the Rincon Band of Luiseño Indians, with the parties agreeing to suspend activity in the litigation except for settlement-related proceedings.

  • May 24, 2021

    Oracle, Ellison Dodge Investor Suit Over Board Diversity

    A California federal magistrate judge ruled that a shareholder derivative action against Oracle Corp. failed to show that board members and billionaire co-founder Larry Ellison misled the public about Oracle's diversity commitments.

  • May 24, 2021

    IBM Can Use Appeal Bond To Stall $11M Retaliation Suit Award

    IBM Corp. can use a $14.6 million bond to pause on paying a former sales executive's $11 million award while it appeals a jury's finding that he was fired for complaining that a coworker had faced discrimination, a Washington federal judge said Monday.

  • May 24, 2021

    Ill. Justices Ring 'Alarm Bell' For Insurers On BIPA Coverage

    The Illinois Supreme Court's recent ruling that a tanning salon's general liability insurer must defend it against a customer's Biometric Information Privacy Act lawsuit will embolden policyholders to seek coverage for BIPA claims, which could lead insurers to roll out higher premiums or more limitations on data privacy coverage.

  • May 24, 2021

    NJ Justices Take On Catholic School Teacher's Bias Suit

    The New Jersey Supreme Court will examine a lower court's revival of a gender bias lawsuit by a teacher at a Roman Catholic school who claimed she was fired for being pregnant and unmarried, according to an order list released Monday.

  • May 24, 2021

    Court Won't Ax Foreign-Born Soldiers' Clearance Bias Suit

    A Virginia federal court refused to toss foreign-born, naturalized soldiers' claims that discrimination frustrated their attempts to be cleared for high-level positions in the U.S. Army, saying the soldiers presented enough factual matter that, if true, supported their allegations.

  • May 24, 2021

    Pa. Panel Says Worker's Suicide Doesn't Bar Workers' Comp

    In a decision published Monday, a Pennsylvania appeals court rejected arguments that evidence of planning that went into a former transit worker's decision to commit suicide after suffering an on-the-job back injury meant that his family wasn't eligible to receive death benefits through the state's workers' compensation system.

  • May 21, 2021

    Ex-SEC Whistleblower Chief Joins Arnold & Porter

    The ex-chief of the U.S. Securities and Exchange Commission's whistleblower office, Jane Norberg, has joined Arnold & Porter as a partner in its securities enforcement and litigation practice as of Monday, she confirmed in an interview with Law360. 

  • May 21, 2021

    Clean Harbors, Aerotek Escape Worker's Severed-Thumb Suit

    A California magistrate judge on Friday threw out a suit by a temporary worker seeking damages for an accident in which his thumb was crushed and severed while he was working at a Shell Oil refinery, saying the state's Workers' Compensation Act covers any relief he can get from the injury.

  • May 21, 2021

    Union Law Doesn't Block Soccer Phenom's Age-Limit Suit

    The National Women's Soccer League's ongoing collective bargaining negotiations with its players don't bar a 15-year-old soccer prodigy from seeking an injunction forcing the league to let under-18s play in the 2021 season, an Oregon federal judge held Wednesday.

  • May 21, 2021

    Employment Authority: PWFA Odds & New Labor-Side Judges

    Law360 Employment Authority covers the biggest employment cases and trends. Catch up this week with a look at the odds of the Pregnant Workers Fairness Act becoming law, takeaways from overtime and worker misclassification cases being heard in the 9th Circuit and how worker advocates expect President Biden to appoint labor-side attorneys to federal judgeships soon.

  • May 21, 2021

    11th Circ. Says Farmworkers' Errands Likely Compensable

    Eleventh Circuit judges cut straight to the chase Friday in an overtime class action brought by the supervisors of Florida fruit harvesters, saying in the first minutes of oral argument the supervisors should probably be compensated for helping farmworkers run errands on the weekend.

  • May 21, 2021

    Jury Finds ATM Maker Stiffed Technician On Overtime

    An Illinois federal jury on Friday found that ATM maker NCR Corp. willfully violated the Fair Labor Standards Act when it failed to pay overtime to a technician who said he wasn't compensated for work he performed before and after his shift and during his meal breaks.

Expert Analysis

  • Inside The Immigration Reform Bill's Business Provisions

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    Provisions in the recently introduced U.S. Citizenship Act that aim to reduce the employment-based green card backlog and attract STEM students are welcome business immigration reforms, but the business community is skeptical of its more restrictive provisions, say attorneys at Akin Gump.

  • 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.

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