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Employment

  • August 17, 2018

    DOD Asks Court To Toss Challenge To HIV Policy

    The U.S. Department of Defense on Thursday asked a Virginia federal court to dismiss a Guardman's challenge to its HIV policy, saying the long-standing policy is not being used alongside a recent retention policy to automatically discharge HIV-positive troops and that the court lacks jurisdiction to review the HIV policy, regardless.

  • August 17, 2018

    Demolition Co. Founder Sues Over Termination Dispute

    The co-owner of a demolition and environmental remediation firm launched an Illinois federal court suit against the company and its majority shareholders Thursday that alleges they schemed to push her out of the business and devalue her stake for their benefit.

  • August 17, 2018

    Health Hires: Dorsey & Whitney, DLA Piper, Epstein Becker

    Dorsey & Whitney LLP, DLA Piper, Epstein Becker Green, Spencer Fane LLP, Minerva Neurosciences and Carlton Fields are among the latest firms to boost their health and life sciences offerings with new hires. 

  • August 17, 2018

    DC Circ. Revives Shepherds' Challenge To H-2A Practices

     The D.C. Circuit partly revived a suit Friday brought by a group of livestock herders challenging the government’s practice of issuing temporary visas for longer-term labor.

  • August 17, 2018

    Legal Waiver Doesn't Bar Pregnancy Bias Suit, 6th Circ. Says

    The Sixth Circuit on Thursday revived a sales worker’s pregnancy and pay bias suit that was filed despite her having agreed to waive legal claims on her last day of work, ruling Title VII and Equal Pay Act claims are not subject to a common law doctrine governing whether contracts signed under duress can be revoked.

  • August 17, 2018

    Mass. Noncompete Law Overhaul Not As Strict As It Seems

    Massachusetts employers may easily work around newly rewritten state noncompete laws by using escape clauses in the legislation or by turning to nonsolicitation agreements, corporate counsel monitoring the legislation told Law360.

  • August 17, 2018

    Wall Installer Can't Restart Claims Against Related Cos.

    U.S. District Judge Jed S. Rakoff has blocked an exterior wall installer’s bid to to reinstate fraud and unjust enrichment claims against The Related Companies LP over the real estate firm’s collection of funds from a Chicago project, saying the allegations are not sufficiently supported.

  • August 17, 2018

    Labor Unions Makes NAFTA Pitch As Endgame Looms

    The AFL-CIO spearheaded a call for robust labor protections in the revised North American Free Trade Agreement Friday, putting pressure on negotiators to improve the accord's worker accommodations as officials aim to deliver a political-level deal in the next few weeks.

  • August 17, 2018

    NCAA Reforms Fail To Fix Basketball’s Corruption Problem

    NCAA recently enacted a set of sweeping reforms that provide modest benefits to the small percentage of student-athletes that pursue a professional basketball career, but experts say the changes do not adequately address the serious issues at the center of a federal corruption probe into college basketball.

  • August 16, 2018

    Will Law Schools Start Counting ‘Generation ADA’?

    No one is tracking law students with disabilities to see where the education system may be failing them, but some advocates are working to change this dynamic and build a better pipeline.

  • August 16, 2018

    Food Service Workers Get Limited Cert. In Pay Suit

    A New Jersey federal judge on Thursday rejected most of a former Flik International Corp. worker’s request for conditional certification of a collective class of employees who purportedly weren’t paid for all the hours they worked, but held that he made the required showing when it came to workers at the Bayer cafeteria in Whippany.

  • August 16, 2018

    Mo. Prison Officers Win $113M Verdict In Wage Class Action

    A central Missouri jury has awarded $113.7 million to a class of 13,000 corrections officers, after the officers alleged the Missouri Department of Corrections failed to pay them for work they did before and after shifts at prisons across the Show-Me State.

  • August 16, 2018

    8th Circ. BNSF Ruling Clarifies Federal Preemption

    The Eighth Circuit’s recent finding that BNSF Railway Co. can sue a seat manufacturer over an engineer’s injury clarifies that state law claims based on federal safety standards don’t upend the national uniformity in railroad regulations that has long been protected by federal law, experts say.

  • August 16, 2018

    9th Circ. Revives Teachers' Retirement Savings Interest Suit

    The Ninth Circuit ruled Thursday that a district court erred when it dismissed as unripe a proposed class action from teachers claiming that interest was wrongly skimmed from their retirement accounts, holding that the precedential test used by the lower court didn’t apply.

  • August 16, 2018

    NY Appeals Court Halts New York Islanders Asbestos Claims

    A New York state appeals panel on Wednesday upheld the bulk of the dismissal of a Nassau Coliseum employee’s suit against New York Islanders Hockey Club and Nassau County alleging that he had sustained lung injuries from working at the arena, finding that he filed the suit too late.

  • August 16, 2018

    NY Construction Cos. Stiffed Workers On Wages, Suit Says

    A group of 10 construction workers filed a collective action in New York federal court Thursday alleging that their employers at a Manhattan construction site, RSK Construction Inc. and Real Innovative Construction LLC, stiffed them on overtime wages and cut their wages without any explanation.

  • August 16, 2018

    4th Circ. Nixes Ex-Professor's National Origin Bias Case

    The Fourth Circuit on Thursday upheld the dismissal of a suit by a Turkish college professor who claimed she was denied tenure by Longwood University because of her national origin and ultimately fired for complaints about discriminatory treatment, finding that a lower court made no errors in its analysis.

  • August 16, 2018

    Ex-BP Economist Gets Prison In Bitcoin Extortion Plot

    A former BP America Inc. economist who pled guilty to attempting to extort the company out of more than $300,000 by demanding bitcoin payment in exchange for not releasing classified documents was sentenced on Thursday by a federal judge in Houston to 27 months in prison.

  • August 16, 2018

    BK Franchisee Can't Stop Strike Talk In Parking Lot: NLRB

    A Michigan Burger King franchisee violated the National Labor Relations Act by telling workers they couldn’t discuss striking in support of a $15 minimum wage in its parking lot, a National Labor Relations Board panel said Wednesday.

  • August 16, 2018

    NLRB Releases Memos On Immigration Protest, Weingarten

    The National Labor Relations Board on Wednesday published a flurry of informal guidance letters written by its in-house attorneys, including memos saying Latino workers who took part in a pro-immigrant protest were protected by federal labor law and reaffirming that workers' Weingarten rights kick in immediately after they vote in a union.

Expert Analysis

  • Series

    Judging A Book: Lipez Reviews 'Last Great Colonial Lawyer'

    Judge Kermit Lipez

    In his new book, "The Last Great Colonial Lawyer: The Life and Legacy of Jeremiah Gridley," Charles McKirdy argues that Gridley — someone I had never heard of — was the last great colonial lawyer, and that his cases illuminate his times. The author largely substantiates both claims, says First Circuit Judge Kermit Lipez.

  • Wrongful Termination Claims And NLRB's Burden Of Proof

    Douglas Darch

    In Tschiggfrie Properties v. National Labor Relations Board, a three-member panel of the Eighth Circuit vacated the NLRB's decision involving an employee who was fired for abusing his employer's Wi-Fi and sleeping on the job. The ruling is a helpful reminder of the NLRB's burden of proof in a mixed-motive wrongful termination case, say Douglas Darch and Jenna Neumann of Baker McKenzie.

  • How Courts Approach Trade Secret Identification: Part 2

    Mark Klapow

    Early trade secret identification is a thorny issue on which courts and commentators have not reached consensus. Attorneys at Crowell & Moring LLP propose a model trade secret identification process that serves the interests of both sides in a dispute.

  • 6th Circ. Adds To Individual Assessment Trend Under ADA

    Robert Horton

    The Sixth Circuit's recent opinion in Hostettler v. The College of Wooster is a cautionary tale for employers faced with a full-time employee seeking a modified work schedule as an accommodation under the Americans with Disabilities Act, say Robert Horton and Courtney Williams of Bass Berry & Sims PLC.

  • Opinion

    #MeToo Is Missing An Investigative Process

    Jen Rubin

    A little-discussed side effect of the #MeToo movement is its impact on individuals who are accused, but not found guilty through an investigative process, of workplace misconduct. A community judgment of guilt is neither morally nor legally equivalent to a fair investigation, says Jen Rubin of Mintz Levin Cohn Ferris Glovsky and Popeo PC.

  • Takeaways From 1st Retroactive Application Of Dynamex

    Desi Kalcheva

    The California Supreme Court's Dynamex opinion — fashioning an updated California test for distinguishing between employees and independent contractors — has stirred much speculation about its scope and the extent of its application. Now, for the first time, in Johnson v. Imperial Showgirls the decision has been applied on a retroactive basis, says Desi Kalcheva of Paul Plevin Sullivan & Connaughton LLP.

  • Interview Essentials For Attorneys On The Move

    Eileen Decker

    Across the country this fall, recent law school graduates, law firm associates and experienced professionals will interview for positions in private practice and government service. Sharing tips on how to stand out in this high-pressure, hypercompetitive process are Eileen Decker, former U.S. attorney for the Central District of California, and Keith Jacoby, co-chairman of Littler Mendelson PC’s class action practice group.

  • Opinion

    Coach Contract Sexual Misconduct Clauses Are Concerning

    Scott Bernstein

    A clause added to The Ohio State University head football coach Urban Meyer's contract, requiring him to report any known violations of the school’s sexual misconduct policy, may seem noncontroversial. However, because schools often define sexual misconduct too broadly, this type of provision could cause lasting harm to innocent student-athletes, say Scott Bernstein and Justin Dillon of KaiserDillon PLLC.

  • Awaiting Clarity On Fluctuating Workweek In Pa.

    Jeffrey Cadle

    Now that the Pennsylvania Supreme Court has allowed the state Superior Court's decision in Chevalier v. General Nutrition Centers to be appealed, it is possible that the fluctuating workweek method — an alternative for employers to calculate overtime pay for salaried employees — could be explicitly adopted in the state, says Jeffrey Cadle of Obermayer Rebmann Maxwell & Hippel LLP.

  • Trends In Protection Of Anonymous Online Speech

    Margaret Krawiec

    Soon the Texas Supreme Court will consider under what circumstances Glassdoor should be compelled to reveal the identities of anonymous reviewers. Skadden attorneys Margaret Krawiec and Thomas Parnham discuss how courts over the years have answered the fundamental First Amendment question of whether to unmask an internet user who chooses to speak anonymously.