Employment

  • July 12, 2021

    Office Depot Ex-Exec Says Restraints On Job Prospects Null

    A one-time senior manager for Office Depot Inc. and Office Depot LLC on Monday asked for a ruling that restrictive covenants on his employment imposed by the two companies are unenforceable under Georgia law.

  • July 12, 2021

    Recruiting App Co. Hit With Securities Suit Over Cyber Probe

    Chinese technology company Kanzhun Ltd. was hit with a proposed class action Monday alleging it neglected to inform investors about an impending regulatory crackdown that would shut down its mobile recruiting app to new customers, a development that sent its stock plummeting when the news was made public.

  • July 12, 2021

    Pilgrim's Pride Claims Immunity From COVID-19 Death Suits

    Pilgrim's Pride Corp. has told a Texas federal judge it's immune from a lawsuit over the COVID-19 deaths of an employee and the spouse of another worker, citing a new state law that limits liability in coronavirus-related cases.

  • July 12, 2021

    Ex-Ga. DA Seeks Immunity In Suit Over Slain Black Jogger

    The Georgia prosecutor accused of orchestrating a monthslong coverup after a young Black jogger was gunned down by three white men in an alleged hate crime has asked to be dismissed from a civil suit brought by the victim's mother, citing prosecutorial immunity.

  • July 12, 2021

    $34M Deal In Edward Jones Race Bias Suit Gets Final OK

    An Illinois federal judge on Monday granted final approval to a $34 million deal that resolves a race discrimination class action brought by Black financial advisers of Edward D. Jones & Co. against the investing giant.

  • July 12, 2021

    Top New Jersey Cases Of 2021: A Midyear Report

    Appellate victories for Johnson & Johnson in product liability cases and wins for insurers in COVID-19 coverage suits dominated New Jersey's litigation scene over the last several months, with the state Supreme Court also handing down a pair of critical rulings signing off on medical marijuana reimbursements and virtual grand juries.

  • July 12, 2021

    Nursing Home Co. Wins Partial Redo Of $6M Race Bias Verdict

    A New Jersey appeals court agreed with a jury Monday that a Black former nursing home executive was illegally fired after her manager allegedly made racist comments, but said the $4.1 million punitive-damages slice of the $6 million verdict must be retried because jurors didn't have adequate financial information about the company.

  • July 12, 2021

    Taco Bell Faces ERISA Suit Alleging Worker Misclassification

    A former longtime Taco Bell recruiter sued the fast-food chain and parent company Yum Brands Inc. in California federal court, claiming the company illegally boxed him out of benefits when it classified him as an independent contractor instead of an employee.

  • July 12, 2021

    1st Circ. Rejects Class Arbitration For Au Pair Wage Suit

    A Massachusetts au pair must arbitrate her wage claims against a Connecticut placement agency on an individual basis because their agreement doesn't allow class arbitration, the First Circuit said Friday.

  • July 09, 2021

    Biden Fires Trump-Appointed Head Of Social Security Admin.

    President Joe Biden fired Social Security Commissioner Andrew Saul, an appointee of former President Donald Trump, after he refused a White House request to step down Friday, one day after the U.S. Department of Justice indicated that it would be constitutional to remove him in light of U.S. Supreme Court precedent.

  • July 09, 2021

    Employment Authority: COVID Shots At Work & Noncompetes

    Law360 Employment Authority covers the biggest employment cases and trends. Catch up this week with a look at President Joe Biden's call for employers to offer COVID-19 vaccinations at worksites; his new executive order on noncompete agreements; and how the fight over the firing of former NLRB general counsel Peter Robb is either heating up or stalling, depending on whom you ask.

  • July 09, 2021

    Calif. Senate OKs Bill To Insure Farmers Against Wildfire Risks

    California farmers facing increasing wildfire risks could benefit from more affordable insurance rates after state lawmakers approved a bill to include them in the California FAIR plan, an insurance pool that seeks to provide last-resort coverage.

  • July 09, 2021

    11th Circ. Remands Bread Distributors' Arbitration Exemption

    The Eleventh Circuit vacated a lower court's decision that Flowers Foods distribution workers can't be forced to take their unpaid overtime claims to arbitration, ruling Friday that the lower court will need to reconsider the case in light of an opinion on the transportation industry exemption the circuit issued just last month.

  • July 09, 2021

    Personal Injury, Med Mal Cases To Watch In 2nd Half Of 2021

    An expected ruling by the Florida high court in a dispute over medical expert pay disclosure and upcoming Eighth Circuit arguments in a suit accusing Tyson Foods of causing workers' coronavirus deaths are among the cases injury and malpractice attorneys will be following in the second half of 2021.

  • July 09, 2021

    O'Reilly Auto Says COVID Screening Isn't Eligible For Pay

    O'Reilly Auto Enterprises asked a California federal judge Thursday to toss a lawsuit claiming the retailer should pay distribution center employees for time spent undergoing security and COVID-19 screenings, saying that time isn't compensable because it's not integral to their work and the amount is too brief to be consequential.

  • July 09, 2021

    Workers' Counsel Slams Seafood Joint's DQ Bid In Wage Suit

    A proposed class of restaurant servers has urged a New York federal court to deny a seafood eatery's motion to disqualify its counsel on claims they improperly solicited employees to join a wage suit, saying the DQ bid is an attempt to infringe on their attorney-client relationship.

  • July 09, 2021

    10th Circ. Affirms Ex-VA Worker's 16-Year Fraud Sentence

    The Tenth Circuit on Friday affirmed a 16-year sentence for a former Veterans Health Administration employee and four offense levels being added to his sentencing guidelines because the scam topped more than $20 million, finding no error in the lower court's refusal to recognize purported benefits patients received at bogus agencies.

  • July 09, 2021

    3rd Circ. OKs NLRB's Restored Arbitration Deferral Rule

    The Third Circuit approved the National Labor Relations Board's decision to more readily defer to arbitrators when workers' grievances overlap with unfair labor practice allegations, but said it botched applying the revised test to a UPS worker who challenged his firing.

  • July 09, 2021

    NFL Injury Fund Manager Probing If DQ'd Atty Still On Case

    The NFL concussion settlement administrator is investigating whether a Florida attorney who was disqualified from the litigation after being accused of defrauding players has continued to participate in the case through another firm, court filings show.

  • July 09, 2021

    Pa. Court Reinstates Philadelphia Workers' Comp Judge

    A workers' compensation judge can return to the post from which she was removed two years ago and have her termination expunged, according to a ruling Thursday by Pennsylvania's Commonwealth Court.

  • July 09, 2021

    UK Litigation Roundup: Here's What You Missed In London

    The past week in London has seen a major group action launched against VW and other automakers for fraud, an asset manager's fund sue the company for breach of contract, and European soccer's organizer hit BT, Sky and others with a copyright claim. Here, Law360 looks at those and other new claims filed in the U.K.

  • July 09, 2021

    Sweeping Biden Order Aims To Attack Lack Of Competition

    President Joe Biden on Friday issued an expansive executive order aimed at boosting competition across the U.S. economy and lowering prices for consumers and increasing pay for workers.

  • July 08, 2021

    ABM Agrees To Pay $140M To Settle Long-Running Wage Suit

    Facility management company ABM Industries has agreed to pay $140 million to thousands of California workers to put to rest a 15-year-long consolidated case over the company's old timekeeping system, which employees alleged caused them to be underpaid.

  • July 08, 2021

    US, Mexico Strike Deal To Resolve GM Plant Labor Strife

    The U.S. and Mexico announced a deal to settle a budding labor dispute under their trade accord Thursday, clearing the way for a new union vote at a General Motors Co. facility in the northern Mexico city of Silao.

  • July 08, 2021

    6th Circ. Affirms Arch's Ruling Over Criminal Coal Dust Claims

    Arch Insurance Co. doesn't have to cover six former coal company employees indicted for conspiring to submit fraudulent coal dust samples to regulators, the Sixth Circuit ruled Wednesday, finding a pollution exclusion in the company's policy absolves the insurer of any obligations.

Expert Analysis

  • How To Help Your Witnesses Overcome Hindsight Bias

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    Witnesses facing tricky questions from opposing counsel often find themselves engaging in hindsight bias, when they use present knowledge to second-guess past actions, but these problematic thought processes can be overcome during deposition or trial preparation through tough questions and some catharsis, says Merrie Jo Pitera at Litigation Insights.

  • Opinion

    Biden's H1-B Approach Will Benefit Foreign Workers And US

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    President Joe Biden's reversal of Trump-era restrictions on the H-1B program will have a significant positive impact on U.S. employers, potential foreign national applicants and highly skilled noncitizen professionals who can contribute to the American economic engine, says David Jacobson at Warshaw Burstein.

  • NJ 'Reply All' Ethics Opinion Brings New Pitfalls For Attorneys

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    While a recent New Jersey ethics opinion rightly concluded that an attorney cannot claim an ethics violation when opposing counsel replies all to a group email including clients, it runs counter to stances taken by other states and presents new dangers of confidentiality breaches and unfiltered messages to opposing parties, says Roger Plawker at Pashman Stein.

  • OSHA May Be Closer To Getting COVID-19 Regs On Track

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    The Occupational Safety and Health Administration missed an initial deadline for issuing COVID-19 emergency temporary standards, but the confirmation of Marty Walsh as labor secretary this week and recent agency actions could mean an ETS is coming soon, and mask wearing in the workplace is one area the order might address, says Gabrielle Sigel at Jenner & Block.

  • Opinion

    SEC Shouldn't Target Funds With New ESG Task Force

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    The U.S. Securities and Exchange Commission's new environmental, social and governance enforcement initiative’s focus on investment advisers and funds is misguided and could distract from the pursuit of true misconduct stemming from material omissions in corporate disclosures, upon which fund strategies are based, say Richard Kirby and Beth-ann Roth at R K Invest Law.

  • 10 Ways Employers Can Guard Against Retaliation Claims

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    As pandemic-related employee retaliation claims are expected to rise, employers must take steps to institute clear policies on access to company documents and confidential information, and ensure their disciplinary policies on document theft stand up to scrutiny, say Angelique Newcomb and Liran Messinger at Littler.

  • Series

    Judging A Book: Bibas Reviews Rakoff's 'Why The Innocent Plead Guilty'

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    In "Why the Innocent Plead Guilty and the Guilty Go Free,” U.S. District Judge Jed Rakoff catalogues the many ways our criminal justice system is broken, and in doing so, gives the public an intimate look into the thoughts, reasoning and personal experiences of a renowned federal judge, says Third Circuit Judge Stephanos Bibas.

  • For Law Firm Digital Marketing, Less Is Sometimes More

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    Attorneys and law firms often look to cast the widest net possible and maximize online impressions, when they should be focusing their digital marketing efforts on fewer, better-qualified prospects, says Guy Alvarez at Good2BSocial.

  • Showing An Employer's Ability To Pay In Immigrant Petitions

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    Employers can minimize ability-to-pay challenges to their immigrant petitions by considering their timing and tailoring supporting evidence to address questions the U.S. Department of Labor and U.S. Citizenship and Immigration Services are most likely to ask about their financial circumstances, say Anita Smalley and Douglas Halpert at Hammond Neal.

  • 3 Ways To Plan For A Possible Federal Ban On Noncompetes

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    Following last month's reintroduction of a federal bill seeking to ban or limit the use of employee noncompetes, companies should explore alternative avenues to protect trade secrets, confidential business information, customer goodwill and other legitimate business interests, say Russell Beck and Erika Hahn at Beck Reed.

  • Protecting Trade Secrets In The Remote Workplace

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    A Pennsylvania federal court's recent decision in M3 USA Corp. v. Hart provides guidance for employers on protecting trade secrets when remote employees leave, and highlights associated jurisdictional issues to consider when bringing litigation against a remote employee, say Jeffrey Csercsevits and Kelsey Beerer at Fisher Phillips.

  • Strategies For Fighting Back Against A Rambo Litigator

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    If your opposing counsel is a so-called Rambo litigator, there are ways to turn their scorched-earth litigation tactics and ad hominem attacks into assets that favor your client, says Margeaux Thomas at Thomas Law.

  • Opinion

    Court Erred In Barring Late DOJ Intervention In FCA Case

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    A Tennessee federal court's novel approach in U.S. v. SouthEast Eye Specialists, barring U.S. Department of Justice intervention in a False Claims Act suit, is unsupported the statute, frustrates its purpose, may impede DOJ enforcement and should be rejected, say Catherine Dorsey at Baron & Budd and Jacklyn DeMar at Taxpayers Against Fraud Education Fund.

  • Opinion

    1 Year Into Pandemic, It's Time To Rethink Law Firm Billing

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    The particular tasks for which a law firm client can expect to be billed have become unpredictable in the era of COVID-19, making flat fees and other alternative fee arrangements more attractive for both in-house and outside counsel, says Jessica Hodkinson at Panasonic.

  • What Companies Should Know About SIGPR Oversight

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    Brian Miller, the special inspector general for pandemic recovery, discusses what companies and attorneys can do to avoid CARES Act fraud, how his team approaches protecting taxpayer money, and some of the challenges and successes SIGPR faced building an agency from the ground up amid a pandemic.

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