Employment

  • November 23, 2020

    NBA Star Seeks Docs To See If Judge's Son Presents Conflict

    New Orleans Pelicans star Zion Williamson said attorneys for his former agent suing him for $100 million over their breakup are refusing to produce information needed to assess whether a related matter involving Morgan & Morgan might present a conflict for the Florida state court judge overseeing his case, since the judge's son is a partner with that firm.

  • November 23, 2020

    Worker's Family Blames Publix Mask Ban For COVID-19 Death

    Publix Super Markets Inc. put profits before employee safety, the family of a Florida deli worker who died after allegedly catching COVID-19 from a co-worker alleged in a lawsuit filed on Monday.

  • November 23, 2020

    9th Circ. Applies FLSA Standard To Contractor's FMLA Case

    The Ninth Circuit ruled Monday that the Family and Medical Leave Act's statute of limitations barred a former contractor from suing a government agency because it did not "willfully" avoid giving her information about her federal leave rights, joining several circuit courts in applying the Fair Labor Standards Act's willfulness standard to the FMLA.

  • November 23, 2020

    NLRB Official Says Union Can't Represent Security Workers

    A union's bid to unseat the representative of workers who provide security at the U.S. Department of Housing and Urban Development cannot go forward, a National Labor Relations Board official has ruled, rejecting the union's argument that the workers' current bargaining agreement is invalid.

  • November 23, 2020

    Drivers File OT Suit Against Courier Over Day-Pay Practice

    A courier services company misclassified delivery drivers as independent contractors and paid them a flat daily rate instead of the required overtime pay, a former driver has alleged in a new proposed collective action in Georgia federal court.

  • November 23, 2020

    WGA Won't Get More Time To Fight Agencies' Injunction Bid

    A California federal court has refused Writers Guild of America's bid to delay a hearing scheduled for next month on a Hollywood talent agency's request for an order to halt the guild's alleged boycott over a dispute about how agents are paid.

  • November 23, 2020

    Big Lots' Ohio Attys Wrongfully DQ'd From Calif. Wage Fight

    A California appellate court has vacated the disqualification of several Ohio attorneys representing Big Lots in an overtime pay dispute, determining that a state court jumped the gun by revoking their temporary admission to work on the putative class action after they solicited current and former employees.

  • November 23, 2020

    Fox Rothschild Says Ex-Aide's Bias Claim Rightly Tossed

    Fox Rothschild LLP panned a former legal assistant's effort to replug axed state claims into her sexual assault, retaliation and discrimination case, insisting Monday that the accuser has only rehashed arguments already shot down by the court.

  • November 23, 2020

    NY Eatery Provided Weinstein 'Hunting Grounds,' Server Says

    The owner of an exclusive Manhattan restaurant allowed his friend Harvey Weinstein to use the eatery as his "hunting grounds" to sexually harass women, according to a lawsuit filed Friday in New York federal court by one of the restaurant's former cocktail waitresses, who says she was regularly accosted by both men.

  • November 23, 2020

    EEOC Likely To Win Pay Bias Trial Against Baltimore Library

    The Baltimore public library system suffered pushback Monday from a Maryland federal judge who seemed poised to hand the U.S. Equal Employment Opportunity Commission a victory in a bench trial over claims that the Enoch Pratt Free Library illegally underpaid female workers.

  • November 23, 2020

    Justices Won't Weigh In On Whether Title VII Covers Soldiers

    The U.S. Supreme Court refused Monday to hear a race bias case from a Black ex-Marine who argued that the D.C. Circuit's finding that Title VII did not apply to uniformed service members conflicted with the justices' blockbuster holding that the federal civil rights law bars discrimination against gay and transgender workers.

  • November 23, 2020

    11th Circ. Says Georgia-Pacific Drug Policy Open To Question

    An arbitrator could interpret Georgia-Pacific's zero-tolerance drug policy as lacking just cause to fire a union worker who tested positive for opiates, the Eleventh Circuit said, reversing an Alabama federal court's decision that the arbitrator overstepped his bounds with that decision.

  • November 23, 2020

    AutoZone Pushes Hundreds Of Managers Out Of OT Suit

    An Alabama federal judge granted AutoZone's request to boot nearly 500 current and former store managers from a lawsuit claiming the car parts and accessories company denied them overtime, saying those plaintiffs had missed the statute of limitations.

  • November 23, 2020

    3 Takeaways From The Franchising Suit Challenging AB 5

    California’s A.B. 5 law may cause business owners who run franchises of companies to be tagged as employees of larger corporations, according to a lawsuit filed by the International Franchising Association, which is asking a federal court to exclude franchising from the Golden State’s worker classification test. Here, Law360 examines takeaways from the business group’s challenge to the new California law.

  • November 23, 2020

    Car Dealer Asks Full DC Circ. To Rehear 'Scapegoating' Row

    An Illinois Cadillac dealer has asked the D.C. Circuit to reconsider a panel ruling that found the company violated labor law by firing two employees in retaliation for their unionizing, arguing the decision "irrevocably alters federal labor law" and conflicts with settled precedent.

  • November 23, 2020

    Comcast Gets Technician's Age Bias Suit Sent To Arbitration

    An Illinois federal judge ruled Monday that a former Comcast network technician must arbitrate an age bias suit claiming he was hit with bogus misconduct allegations and then fired, unswayed by his argument that he did not recall entering an arbitration pact with Comcast.

  • November 23, 2020

    3 Legal Land Mines Employers Should Avoid In The Pandemic

    After a year spent frantically trying to safeguard worksites from COVID-19 and keep people employed amid lockdowns, employers may be overlooking subtler — but still potentially costly — legal pitfalls. Here, experts identify three things businesses may be missing as they navigate the ongoing pandemic.

  • November 23, 2020

    Ticket Seller Asks Ill. Judge To Toss Finger Scan Privacy Suit

    Online ticket seller Vivid Seats argued Friday that an Illinois federal judge should toss accusations that it collected a former employee's biometric information without informed consent because his claims are time-barred and blocked by the state's workers' compensation laws.

  • November 23, 2020

    Uber, Lyft Can't Undo Calif. Court Order To Reclassify Drivers

    A California appeals court denied Uber's and Lyft's requests to reconsider its decision upholding an injunction that required the ride-hailing companies to classify their drivers as employees, rebuffing their argument that a recently approved ballot measure meant the ruling needed another look.

  • November 23, 2020

    CR England's $18.6M Wage Deal With Drivers Wins Approval

    An $18.6 million deal between trucking company C.R. England Inc. and drivers alleging unpaid wages has earned a Utah federal judge's approval, overcoming objections from a driver who said the amount was too low.

  • November 23, 2020

    NY Judge Exits Sex Bias Suit Targeting Fellow School Parent

    A New York federal judge recused himself from a former First Eagle Investment Management LLC research analyst's race and sex bias lawsuit against her former employer, saying Friday that his child went to the same school as the child of one of the individual defendants.

  • November 23, 2020

    What's Behind Unions' Higher Ed Organizing Boom

    Legal changes and job security concerns have ignited an organizing explosion among non-tenure college professors and graduate student workers, swelling organized labor’s ranks in higher education by tens of thousands over the last several years, new research shows. Here Law360 explores the dynamics of this red-hot sector.

  • November 23, 2020

    Ex-NJ City Workers Say Corruption Claims Got Them Fired

    Two former employees of Camden, New Jersey's public housing agency launched a lawsuit on Saturday claiming they were fired for exposing misconduct that included alleged sexual harassment of residents by a maintenance supervisor.

  • November 20, 2020

    Ralphs Can't Combine Seating Suits, Calif. Panel Says

    A California state appeals court has reversed a trial court's decision linking two lawsuits accusing the Kroger subsidiary Ralphs of not providing workers with seating, finding that cases implicating different job titles, time periods and claims can be litigated separately.

  • November 20, 2020

    Weinstein Wants Depo Halted Over Poor Health, Criminal Case

    Disgraced Hollywood producer and convicted rapist Harvey Weinstein has urged a New York federal judge to stay his deposition in civil litigation against him, citing his poor health and pending extradition to Los Angeles to face criminal charges on similar claims of sexual assault.

Expert Analysis

  • Ethics Considerations For Law Firms Implementing AI

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    Richard Finkelman and Yihua Astle at Berkeley Research Group discuss the ethical and bias concerns law firms must address when implementing artificial intelligence-powered applications for recruiting, conflict identification and client counseling.

  • Gov't Contractors Can Promote Diversity Despite Trump Order

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    While federal contractors are required to comply with the Trump administration’s recent ban on certain racial sensitivity trainings, it’s likely that President-elect Joe Biden will overturn the restrictions after taking office, and there are many ways to advance diversity and inclusion agendas in the meantime, says Allison Powers at Barack Ferrazzano.

  • Tech Cos. Could Face Stiffer SEC Enforcement Under Biden

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    Ahead of President-elect Joe Biden's appointment of a new U.S. Securities and Exchange Commission chair, Silicon Valley should expect greater scrutiny of whistleblowers, earnings management, risk disclosures and insider trading — all potentially influenced by the federal courts in serving as a check on the agency's enforcement, say attorneys at MoFo.

  • Picking The Right Location And Tools For Virtual Courtrooms

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    Attorneys should consider the pros and cons of participating in virtual court proceedings from home versus their law firm offices, and whether they have the right audio, video and team communication tools for their particular setup, say attorneys at Arnold & Porter.

  • CDC 'Close Contact' Definition Creates Employer Challenges

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    Because brief workplace interactions can meet the Centers for Disease Control and Prevention's new definition of "close contact" for COVID-19 exposure, employers should implement countermeasures such as reconfiguring facility layouts and limiting on-site staff to enhance safety and reduce the risk of liability, says Bonnie Mayfield at Dykema.

  • Beware Atty Ethics Rules When Reporting COVID-19 Fraud

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    Attorneys considering blowing the whistle on False Claims Act violations by recipients of COVID-19 relief may face a number of ethical constraints on their ability to disclose client information and file qui tam actions, say Breon Peace and Jennifer Kennedy Park at Cleary.

  • An Employer's Guide To OSHA Whistleblower Claims: Part 2

    Excerpt from Practical Guidance
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    Kenneth Kleinman and Brad Kushner at Stevens & Lee share how employers can use effective position statements, dismissals and other defenses to fight whistleblower complaints filed under the Occupational Safety and Health Administration's anti-retaliation regulations, both at the investigative stage and in a subsequent federal court action.

  • 10th Circ. ADA Ruling May Affect Employer Accommodations

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    While it doesn't alter employers' Americans With Disabilities Act obligations, the Tenth Circuit's recent decision in Exby-Stolley v. Board of County Commissioners raises concerns about denying specific requests for reasonable accommodation, say Janet Savage and Penelope Scudder at Davis Graham.

  • Looking For Judicial Activists? Check The Footnotes

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    U.S. Supreme Court nominees typically face intense questioning over potential judicial activism, but a better way to gauge judges' activist tendencies may be to look at the footnotes in their opinions, say Christopher Collier at Hawkins Parnell and Michael Arndt at Rohan Law.

  • Best Practices For Legal Technology Adoption

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    The pandemic has accelerated the need to improve the practice of law through technology, but law firms and in-house legal departments must first ensure they have employee buy-in and well-defined processes for new digital tools, say Dan Broderick at BlackBoiler and Daryl Shetterly at Orrick.

  • Post-Breach Response To Business Email Scams Is Critical

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    Preventative measures do not sufficiently protect against email compromise scams, which have become increasingly prevalent during the pandemic, so businesses, governments and educational institutions should have post-breach investigation processes in place, says Jonathan Osborne at Gunster.

  • An Employer's Guide To OSHA Whistleblower Claims: Part 1

    Excerpt from Practical Guidance
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    Kenneth Kleinman and Brad Kushner at Stevens & Lee discuss employer strategies for responding to whistleblower complaints filed under the Occupational Safety and Health Administration's anti-retaliation regulations, including how to encourage settlement or pursue claims in federal court.

  • 8 Steps To Record Employment Decisions In Uncertain Times

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    In light of COVID-19 and an increased focus on social justice, companies that follow a consistent protocol for documenting employment decisions can decrease their risk of scrutiny and legal exposure, says Lauren Ziegler at McDermott.

  • The Pandemic's Long-Term Impact On Law Firm Operations

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    Brian Burlant at Major Lindsey looks at how pandemic-era remote work has changed the way law firms operate — from shifts in secretarial functions to associate professional development — and explains why some alterations may be here to stay.

  • How Biden Might Dismantle Trump-Era Regulations

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    The Biden administration will likely take swift action to undo regulatory actions from the past four years with a variety of tools, including executive orders, the Congressional Review Act and legal challenges under the Administrative Procedure Act, say attorneys at Jenner & Block.

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