Employment

  • December 07, 2021

    BREAKING: Ga. Judge Blocks Contractor Vaccine Mandate Nationwide

    A Georgia federal judge on Tuesday issued a nationwide injunction blocking the COVID-19 vaccine mandate for federal contractors from going into effect, ruling the Biden administration had likely exceeded its procurement authority.

  • December 07, 2021

    Agent Slams Knicks Player's 'Fishing Expedition' In $58M Suit

    Prominent NBA agent Rich Paul on Monday accused New York Knicks power forward Nerlens Noel of using a "quintessential fishing expedition" to obtain confidential documents about his client list and finances in the player's $58 million Texas federal court suit.

  • December 06, 2021

    11th Circ. Denies Fla. Bid To Halt Fed Health Workers Vax Rule

    The Eleventh Circuit said Monday that the Centers for Medicare and Medicaid Services' interim rule mandating COVID-19 vaccinations for covered health care staff falls within its authority and was reasonably implemented, denying Florida's bid to halt the measure pending the state's legal challenge.

  • December 06, 2021

    DOJ Wants 1st Wage-Fixing Win To Become 1st Domino

    Fresh off the first court affirmation of its efforts to criminally prosecute wage-fixing agreements, the U.S. Department of Justice now says a Nevada federal judge should similarly preserve charges that a health care staffing company schemed to suppress wages for Las Vegas school nurses.

  • December 06, 2021

    3rd Circ. Backs L'Oreal's Win In Atty's Whistleblower Suit

    The Third Circuit on Monday affirmed the dismissal of a whistleblower suit brought by a former L'Oreal USA Inc. attorney who claimed the cosmetics giant canned him for raising concerns about pressure to file baseless patent applications.

  • December 06, 2021

    Cruise Co. Can Arbitrate Ship Doctor's COVID-Linked Suicide

    The widow of a doctor who committed suicide while stuck aboard a cruise ship during the COVID-19 pandemic must try to resolve her wrongful death claim against the shipowner through arbitration, a Florida federal judge has ruled.

  • December 06, 2021

    DOT Rule On Truckers' Hours Flouts Safety, DC Circ. Told

    Highway safety groups and the International Brotherhood of Teamsters have told the D.C. Circuit that the U.S. Department of Transportation failed to fully vet the health and safety risks of easing regulations governing commercial truck drivers' rest breaks and the hours they spend on the road.

  • December 06, 2021

    9th Circ. Won't Revisit Feds' Win In Tribal Exec's Firing Suit

    The Ninth Circuit has refused to rethink a circuit panel's decision to uphold an early win for the federal government in a suit by a former executive for the Sauk-Suiattle Indian Tribe of Washington's health clinic challenging his firing.

  • December 06, 2021

    DOJ Antitrust Chief Says Expect More Collaboration With FTC

    The newly minted head of the U.S. Department of Justice Antitrust Division, Jonathan Kanter, said Monday his agency is on the same page as the Federal Trade Commission and that enforcers will work together on their priorities, including promoting competition in labor markets.

  • December 06, 2021

    Flowers Foods Must Face Distributors' Misclassification Suit

    Bakery company Flowers Foods Inc. can't escape claims it misclassified six distributor drivers as independent contractors and denied them overtime and meal and rest breaks, a California federal judge has ruled, saying that axing those claims would be premature.

  • December 06, 2021

    Ga. Payment Co. Settles Contract Suit With Ex-Sales Exec

    Atlanta-based Fortune 500 company Global Payments Inc. and a subsidiary told a Georgia federal judge on Monday they have settled their contract breach claims against a former sales executive over her work at a rival business.

  • December 06, 2021

    Insurer Rejects Car Dealer's Coverage Bid For Worker's Killing

    A California federal court must toss a car dealer's counterclaim demanding that Employers Assurance Co. cover a settlement of a suit over an employee's shooting death, Employers said, citing policy exclusions and the fact that the dealer was never formally served in the underlying case.

  • December 06, 2021

    Tyson Escapes Pa. Meatpacker's COVID-19 Death Suit

    The family of a Pennsylvania meatpacking plant supervisor who died of COVID-19 can't sue Tyson Foods Inc. because claims against employers for work-related injuries have to be brought under the state's workers' compensation law, a federal judge ruled Monday.

  • December 06, 2021

    9th Circ. Snuffs VW Sales Reps' Bid To Save Lost-Income Suit

    The Ninth Circuit on Monday snuffed proposed class claims from California salespeople at independent franchised dealerships seeking to hold Volkswagen liable for lost commissions purportedly stemming from the 2015 emissions-cheating scandal, saying Volkswagen is not a joint employer.

  • December 06, 2021

    Former NLRB General Counsel Joins Bond Schoeneck & King

    The management-side labor and employment attorney who served as the National Labor Relations Board's general counsel during the Trump administration has joined Bond Schoeneck & King PLLC's Naples, Florida, office as of counsel, the firm said Monday.

  • December 06, 2021

    Metra Illegally Skirted Vax Policy Bargaining, Rail Unions Say

    The union representing railway workers at Metra, Chicago's main regional commuter rail agency, asked an Illinois federal judge to block the employer from requiring COVID-19 vaccinations, claiming the railroad never bargained over the terms of the policy.

  • December 06, 2021

    Davis Polk Again Seeks End To Associate Discrimination Case

    A dive into the track record of a former Davis Polk & Wardwell LLP associate has uncovered "no witness or document" backing his story that he was pushed out for raising concerns about race and diversity, the firm told a New York federal court on Monday.

  • December 03, 2021

    Legal Sector Adds 2,700 Jobs In November

    The U.S. legal sector added 2,700 jobs in November, according to data released by the U.S. Department of Labor on Friday, continuing a steady increase in employment this year despite questions raised late in the month about the rise of the omicron variant.

  • December 03, 2021

    Feds Seek To Stay Order Blocking Contractor Vax Mandate

    The U.S. Department of Justice asked a Kentucky federal judge on Friday evening to hold off blocking President Joe Biden's COVID-19 vaccine mandate for federal contractors while it appeals the order, saying the injunction risks nationwide productivity disruptions.

  • December 03, 2021

    Employment Authority: Omicron Variant & Amazon Vote Redo

    Law360 Employment Authority covers the biggest employment cases and trends. Catch up this week with a look at how a California appellate ruling that was neutralized by a 2020 ballot initiative has nevertheless given courts guidance on worker classification issues, tips for employment lawyers navigating the emergence of the omicron variant of the coronavirus, and takeaways from an NLRB regional official's decision ordering a redo of a representation election earlier this year at an Amazon facility in Alabama. 

  • December 03, 2021

    Calif. Denied Early Win In Bench Trial On Board Diversity Law

    A California judge Friday denied the state's motion for judgment on all claims after a group of taxpayers rested its case in a bench trial challenging a law requiring publicly held corporations to place a minimum number of women on their boards.

  • December 03, 2021

    California Pizza Kitchen Ex-Employees Sue After Data Breach

    Two former employees of California Pizza Kitchen Inc. are at risk of fraud and identity theft after a cyberattack that exposed the Social Security numbers of more than 100,000 people, a new suit filed in California federal court claims.

  • December 03, 2021

    LSU Employee's Racketeering Claim Cut From Retaliation Suit

    A Louisiana State University employee who says she was retaliated against for reporting sex-harassment allegations against a former football coach waited too long to bring the bulk of her civil racketeering claims targeting the school, its employees and its lawyers from Taylor Porter Brooks & Phillips LLP, a federal judge said Thursday.

  • December 03, 2021

    Textile Co. Settles With Medical Pot User Over Nixed Job Offer

    A Rhode Island fabric maker has settled a seven-year-long case with a graduate student over allegations that it violated state law by denying the student a paid summer internship because she was a medical marijuana user, according to the American Civil Liberties Union of Rhode Island.

  • December 03, 2021

    American Airlines, Pilots Seek Military Pay Info From DOD

    American Airlines and a class of pilots alleging the company shorted military reserve pilots on benefits have jointly requested that a Pennsylvania federal court approve a subpoena for documents from the U.S. Department of Defense that contain compensation data for certain pilots who took short-term military leave.

Expert Analysis

  • When And How To Depose Fact Witnesses Remotely In 2022

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    Tim Tryniecki and Thomas Mudd at MG+M offer a series of practice tips for successfully conducting remote depositions of often-inexperienced fact witnesses, as the virtual court proceedings sparked by COVID-19 look set to become a part of the legal landscape next year.

  • Series

    Embracing ESG: PayPal CLO Talks Gauging Impact And Intent

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    For legal teams, the corporate evolution toward more intentional post-COVID-19 environmental, social and governance strategies means deeper integration across business functions, seeking counsel on emerging issues affecting stakeholders, adapting initiatives around changing policies and regulations, and advancing ESG reports to better measure impact, says Louise Pentland at PayPal.

  • Opinion

    NJ Precedent On Vicariously Liable Employers Is Still Narrow

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    While New Jersey's new window on filing sex-abuse lawsuits has reopened the argument that an employer is liable for torts committed outside the scope of employment, no court in the state has relied on the aided-by-agency principle to hold an employer liable except in specific limited circumstances, because it would be contrary to state law, say Alexander Anglim and Susan Kleiner at Santomassimo Davis.

  • SEC's Proxy Voting Proposal Could Shake Up Private Funds

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    The U.S. Securities and Exchange Commission's recently proposed proxy voting rule would require many private fund managers to disclose their executive compensation votes for the first time, potentially affecting how managers pursue investment strategies, say attorneys at Schulte Roth.

  • Without Leadership Buy-In, Law Firm DEI Efforts Stand To Fail

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    A law firm's diversity, equity and inclusion strategies need the full attention and support of its top leadership to succeed, and requiring the firm's key decision makers to join the DEI committee can make the difference, says Noble Allen at Hinckley Allen.

  • Best Practices In Preparation For FCPA Enforcement Surge

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    As the U.S. Department of Justice enhances its ability to detect and prosecute Foreign Corrupt Practices Act violations, companies should evaluate and improve their risk assessment methodologies, anti-corruption policies and other compliance tools to help mitigate the consequences of alleged wrongdoing, says Norman Harrison at Kroll.

  • COVID And Workers' Comp: A Guide For Federal Employers

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    As the requirements for federal workers’ compensation claims related to COVID-19 continue to evolve, government agencies should be prepared to handle a new wave of filings, including from employees dealing with adverse vaccine reactions, says Eric Pines at Pines Federal Employment Attorneys.

  • Series

    Confronting Origination Credit: Self-Advocacy Tips For Attys

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    Female lawyers and lawyers of color have historically not been privy to the rules of the origination credit game, but they can employ various strategies to increase the chances of receiving the credit they are due, such as enlisting allies for support and tracking inequity patterns, says Marianne Trost at The Women Lawyers Coach.

  • A Real-World Guide To Staying Discovery In Federal Court

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    Pleas for stay of discovery under the Federal Rules of Civil Procedure are often rejected when motions to dismiss are pending due to a tenacious tangle of case law, imposing financial and administrative burdens on parties, but some unambiguous rules of thumb can be gleaned to maximize the chances of a discovery stay, says Amir Shachmurove at Reed Smith.

  • Opinion

    Biden Admin. Should Hold Fast To Its Immigration Agenda

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    Instead of trying to accommodate his critics, President Joe Biden's administration should take specific actions to continue fulfilling his promised agenda of restoring humanitarian, refugee protection and legal immigration programs that were sabotaged by his predecessor, says Donald Kerwin at the Center for Migration Studies.

  • Opinion

    To Vax Or Not To Vax Is Not A Constitutional Question

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    Opponents of COVID-19 vaccine mandates, including several states' governors, mistakenly insist that such requirements offend their constitutional rights, but a careful review of U.S. Supreme Court jurisprudence on the subject shows no grounding for their position, say Daniel Karon at Karon LLC and Giliann Karon at Accountable Tech.

  • Heading Into 2022, Fintech Antitrust Strategy Isn't Optional

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    With antitrust regulators expected to continue increased scrutiny of the fintech sector in the new year, strategies to grapple with key data privacy, open access and employment issues represent a crucial part of doing business in 2022, say Thomas Panoff and William McElhaney at Mayer Brown.

  • Mass. Data Privacy Bill Would Increase Litigation Risks

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    A recently proposed Massachusetts bill could reshape how businesses interact with state consumers and employees, increase the cost and complexity of privacy design and compliance, and expose companies to new and significant enforcement and litigation risks, say Melanie Conroy and Peter Guffin at Pierce Atwood.

  • CMS Vaccine Rules Could Create FCA Risks For Cos.

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    The Centers for Medicare & Medicaid Services' interim final rule requiring COVID-19 vaccinations for participating health care providers creates a potential for not only direct enforcement but also qui tam lawsuits, though certain best practices can reduce the chance of litigation, say attorneys at Ropes & Gray.

  • Heed These Rules, Or Risk Your Argument On Appeal

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    Failing to meet the scattered requirements for appellate preservation can have dire consequences, so litigants must understand the relevant briefing rules, the differences between waiver and forfeiture, and the four components of a pressed argument in order to get their case fully considered on appeal and avoid sanctions or dismissal, says Michael Soyfer at Quinn Emanuel.

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