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Employment

  • May 31, 2019

    CVS, Call Center Workers' $15M Wage Deal Gets First Nod

    A Missouri federal judge on Friday gave an initial green light to a $15 million settlement between CVS unit Caremark and a group of customer telephone service representatives who said the company had stiffed them for the time they spent getting their computers up and running.

  • May 31, 2019

    Calif. FedEx Drivers Reach $5M Deal To End Break, OT Row

    An uncertified class of about 11,500 FedEx delivery drivers struck a $5 million deal resolving claims that they were unlawfully denied meal and rest breaks and overtime pay, according to a bid for preliminary approval filed Friday in California federal court.

  • May 31, 2019

    4 Highlights From This Legislative Session In Texas

    Texas legislators disappointed the business community this term by not acting on a proposal to block cities from requiring paid sick leave, and delivered a win for pipeline companies when they considered but ultimately didn’t commit to making it harder to build on private land. Here, Law360 takes a look at four bills worth knowing from the latest legislative session.

  • May 31, 2019

    Metra Can't Shake Worker's Discrimination Claims

    An Illinois federal judge refused to dismiss all of an electrician’s discrimination case against employer Northeast Illinois Regional Commuter Railroad, agreeing with the railroad known as Metra that there may be no widespread “policy” of discrimination but finding the isolated incidents cited by the worker plausible and timely.

  • May 31, 2019

    State Of The States: Wage, Leave Laws Gaining Steam

    As 2019 nears its halfway point, states are picking up the pace in enacting new employment laws with Colorado allowing local governments to set their own minimum wage rates and Maine adopting a paid leave policy for workers. Here, Law360 looks at six state employment policies lawyers should have on their radar.

  • May 31, 2019

    From Prison, Shkreli Files $30M Suit Over Retrophin Ouster

    Notorious pharmaceutical executive Martin Shkreli filed a $30 million lawsuit against the three main actors in what he calls an illegal scheme to oust him from biotech company Retrophin Inc. years before he was convicted of defrauding its investors.

  • May 31, 2019

    Design Firm Beats Age Bias Suit in 11th Circ.

    An Eleventh Circuit panel on Friday declined to revive a proposed collective action alleging that an architecture firm used layoffs as an excuse to purge older workers, citing the company's "legitimate and uncontradicted reasons" for nixing the workers behind the suit while keeping on others.

  • May 31, 2019

    Ex-Minor League Worker Gets 2nd Chance On Bias Claims

    The Ninth Circuit has partially revived a lawsuit from a former employee for an Oregon minor league baseball club, holding that a jury could find a manager's use of gender-based slurs against the female worker created a hostile work environment.

  • May 31, 2019

    NJ Law Firm Doesn't Share Rival's Malpractice Liability

    A New Jersey appeals court refused Friday to revive D'Elia & McCarthy Law Office's bid to hold Kelly Law PC jointly liable for a potential malpractice judgment stemming from their handling of an employment law matter, ruling that their purported blunders had nothing to do with one another.

  • May 31, 2019

    11th Circ. Upholds NetJets Win In Muslim Pilot's Bias Suit

    The Eleventh Circuit on Friday refused to revive a former NetJets pilot's suit alleging he was placed on administrative leave and ultimately fired because he was Pakistani and Muslim, finding the pilot didn't show his firing stemmed from discrimination.

  • May 31, 2019

    Pa. Justices Close Book On Armstrong Workers' Illness Suits

    The Pennsylvania Supreme Court said Thursday it would not hear arguments over whether a decision allowing the families of two deceased Armstrong World Industries Inc. workers to pursue tort claims for occupational diseases with long latency periods opened a new window for lawsuits over years-old diagnoses and deaths.

  • May 31, 2019

    White & Williams Atty Hits Firm With Race, Gender Bias Suit

    A White and Williams LLP attorney has filed a federal lawsuit alleging that a pervasive culture of racial and gender bias among her colleagues at the firm prevented her from advancing her career and that a complaint she lodged about her treatment was minimized.

  • May 31, 2019

    CSX Drivers Want 9th Circ. To Weigh Dynamex Preemption

    Former truck drivers in a wage-and-hour dispute with CSX Intermodal Terminals Inc. say the Ninth Circuit must step in and review a district court ruling that federal law preempts a key part of a three-prong test for distinguishing between independent contractors and employees in California.

  • May 31, 2019

    Housekeeper Says LA Hotel Was Unsafe Work Environment

    A housekeeper at The Freehand Hotel in Los Angeles claims that she is forced to clean the men’s restrooms while people are using them, saying in California state court that this subjects her to harassment and makes her feel unsafe at work.

  • May 31, 2019

    Jury Clears Starbucks In Back Injury Discrimination Suit

    A California federal jury on Friday cleared Starbucks of allegations that it failed to accommodate a district manager's disability after her emergency back surgery, then illegally discriminated by firing her when her performance faltered.

  • May 31, 2019

    Firm Hit With Malpractice Suit Over Workers' Break Glitch

    A law firm and its now-retired managing partner have been hit with a legal malpractice suit by a former client who alleges the attorney recommended including a provision that required unpaid employee breaks in a union contract that resulted in the client being sued for violating a federal labor law.

  • May 31, 2019

    Oracle Pay Equity Judge Asks Attys For 'User-Friendly' Briefs

    A California judge ordered attorneys Friday to file cleaned-up "user-friendly" briefs in a proposed class action alleging Oracle America Inc. paid women less than their male colleagues, saying multiple rounds of changes to major pending motions have made them virtually impossible to sort through.

  • May 31, 2019

    Jones Day Sex Bias Accusers Can Stay Anonymous For Now

    A D.C. federal judge has ruled that four of the former associates in a $200 million gender discrimination suit against Jones Day can proceed anonymously in the suit for now, although the judge added that the firm can disclose their names only as part of the process of investigating the claims.

  • May 31, 2019

    IRS Unveils New Draft W-4 Tax Withholding Form

    The Internal Revenue Service unveiled Friday a draft of a new Form W-4 that does away with allowances to calculate individuals' income tax withholding beginning in 2020.

  • May 30, 2019

    Starbucks Fired Worker For Bad Job, Not Bad Back, Jury Told

    A Starbucks supervisor on Thursday countered allegations that the coffee giant fired a district manager because of her physical disability, telling a California federal jury she failed to regularly visit a struggling store and couldn't satisfactorily explain where she had been during the workday.

  • May 30, 2019

    Uber Mum On Whether Calif. Agency Can Raise Its Rates

    Uber told a California federal judge on Thursday it's exempt from a state anti-competition law as a so-called transportation network company regulated by the California Public Utilities Commission, but couldn't offer a definitive answer when the judge asked whether the agency has the power to raise Uber's rates.

  • May 30, 2019

    NY Health Network Mostly Skirts White Ex-Worker's Bias Suit

    A New York federal judge ruled Thursday that a former Northwell Health Inc. employee can’t pursue claims that she was fired because she is white, because the evidence she presented fell far short of proving that her termination was rooted in race bias.

  • May 30, 2019

    Calif. Bill Reclassifying Contractors Advances After Dynamex

    California’s state Assembly has passed so-called “gig work” legislation that would classify hundreds of thousands of independent contractors — including Lyft and Uber drivers, filmmakers, truck drivers and others — as employees, codifying the California Supreme Court’s unprecedented Dynamex decision last year.

  • May 30, 2019

    #MeToo's Reach Falling Short Of BigLaw Rainmakers

    BigLaw is continuing to evade the problem of rainmakers committing sexual harassment or undercutting women and minority lawyers, a panel of experts said Thursday.

  • May 30, 2019

    FBI Hit With Sex Bias Suit By Rejected Agent Trainees

    More than a dozen women who sought FBI agent positions accused the bureau of allowing rampant bias in its training program in a proposed class action filed in Washington, D.C., federal court, saying it let men off the hook for the same mistakes it cited to reject most of them.

Expert Analysis

  • The Need For New Legal And PR Strategies In The #MeToo Era

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    As a result of the #MeToo and Time's Up movements, organizations should take a stand to strengthen corporate culture against misconduct, and activate those values through communication and training, say David Weiss of Epstein Becker Green and Matt Purdue of Peppercomm.

  • Freelance Attorneys Are An Asset To In-House Legal Teams

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    With recent technological advances and a broader acceptance of flexible work arrangements, the opportunity for freelance attorneys is greater than ever, as is the value that this freelance workforce can create for companies, says Ben Levi of InCloudCounsel.

  • Now In Congress: Budget, Nominations, Mueller Report

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    As both chambers of Congress grapple with difficult decisions on appropriations bills, there is partisan rancor over President Donald Trump's budget proposal, the report of special counsel Robert Mueller, and rule changes for debate over presidential nominations, says Layth Elhassani of Covington & Burling.

  • A Door Opens For NJ Worker Medical Marijuana Bias Claims

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    The New Jersey Appellate Division's recent ruling in Wild v. Carriage Funeral Holdings provides a blueprint for employees to bring medical marijuana claims under the New Jersey Law Against Discrimination, say Ivo Becica and Joel Clymer of Obermayer Rebmann.

  • Rules For Mass. Discrimination Claims Could Get Revamped

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    While most of the proposed procedural changes at the Massachusetts Commission Against Discrimination appear to be designed for the convenience and efficient operation of the commission, a few may leave some complainants at a disadvantage, say Brian MacDonough and Jaclyn McNeely of Sherin and Lodgen.

  • OFCCP Case Sheds Light On Pay Equity Analysis Techniques

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    A U.S. Department of Labor judge's recent ruling in Office of Federal Contract Compliance Programs v. Analogic highlights several issues that the OFCCP and contractors must consider when conducting statistical analyses of alleged discriminatory pay practices, say Kevin Weissman and Gurkan Ay of Resolution Economics.

  • What High Court's Expansion Of FCA Time Limits Would Mean

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    Questions from U.S. Supreme Court justices during last month’s oral argument in Cochise Consultancy v. U.S. suggest the court will expand the statute of limitations for nonintervened False Claims Act cases, a ruling likely to pose significant practical challenges for companies defending against stale allegations, say attorneys at Crowell & Moring.

  • SEC Disclosure Rule Puts Hedging Policies In Spotlight

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    As a result of the U.S. Securities and Exchange Commission's new rule requiring companies to disclose hedging policies governing company equity securities — which goes into effect in July — many companies will likely adopt more robust hedging policies, says attorney Laura Anthony.

  • Book Excerpt

    'Big Tech' Questions Echo Early Days Of US Corporate Law

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    The current calls to curb the power of Google, Facebook and Amazon recall an earlier time in American history, when the “bigness” of oil, steel and tobacco was front and center in national politics. And in those debates, the top lawyers of the day had a major voice, says John Oller, author of the new book "White Shoe."

  • 5 Points Of Clarity On Evolving NLRB Doctrines

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    Five new advice memos from the National Labor Relations Board's Office of the General Counsel provide valuable insight into how the agency analyzes unfair labor practice allegations, including application of the board’s Boeing test for evaluating work rules, say attorneys with Dechert.

  • The Important Reasons DOJ Wants To Toss Gilead FCA Case

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    False Claims Act defendants’ ears should be all perked up since last week’s U.S. Department of Justice motion to dismiss Gilead v. U.S., as it is based on the frequent defense argument that the FCA wasn’t intended to allow relators to second-guess regulatory decision-making, says Derek Adams of Feldesman Tucker.

  • More DOL Letters Needed For Clarity On Enforcement Strategy

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    The U.S. Department of Labor recently issued a trio of opinion letters offering employers guidance on implementing the Family and Medical Leave Act and the Fair Labor Standards Act, but they offer little insight on the DOL's overall approach to enforcement, say Laura Lawless Robertson and Melissa Legault of Squire Patton Boggs.

  • What To Do While Waiting For Cadillac Tax To Hit The Road

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    Despite growing bipartisan momentum to repeal the Affordable Care Act’s “Cadillac tax” provision, employers must consider the impact it would have on their current benefits structure and maintain flexibility to change benefit offerings or pass along costs once it is implemented, says Stephanie Vasconcellos of Mayer Brown.

  • Assessing Employee Exemption Under DOL Overtime Regs

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    Recently proposed changes to the U.S. Department of Labor's so-called overtime rules will likely leave many employers with worker classification questions. Elizabeth Arnold and Chester Hanvey of Berkeley Research Group discuss several scientifically based methods for evaluating employees' exemption status.

  • Highlights From 2019 ABA Antitrust Spring Meeting: Part 1

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    The American Bar Association’s antitrust meeting last week featured several sessions with representatives from federal and state antitrust enforcement agencies, and provided signals regarding current and future priorities, say attorneys with Perkins Coie.

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