Employment

  • January 18, 2017

    Aussie Turf Co. Says Ex-NFLer Didn't Provide Proper Service

    An Australian sports surface company named in a lawsuit by a former NFL linebacker who suffered a career-ending Achilles tendon injury on a removable natural grass playing surface again urged a Texas federal court to dismiss claims against it Tuesday, arguing the player had not satisfied international service requirements.

  • January 18, 2017

    LGBT Bias Charges Continuing To Climb, EEOC Says

    The U.S. Equal Employment Opportunity Commission's latest annual report showed that the agency resolved 1,649 LGBT-based sex discrimination charges and recovered $4.4 million for LGBT individuals in fiscal 2016, marking the third straight year each number has increased since the agency started tracking them in 2013.

  • January 18, 2017

    Chevron Seeks To Toss Workers’ 2nd Stab At ERISA Suit

    Chevron Corp. urged a California federal judge Wednesday to toss a putative class action brought by beneficiaries of its employee retirement plan who claim Chevron breached its fiduciary duties when it made high-cost and poor-performing investments, saying the employees haven’t alleged anything new since the court dismissed their original complaint.

  • January 18, 2017

    JPMorgan Underpaid Female Employees, DOL Claims

    JPMorgan Chase & Co. has been discriminating against some of its female employees by paying them less than their male counterparts in violation of federal contractor requirements, the U.S. Department of Labor alleged Wednesday in an administrative complaint.

  • January 18, 2017

    DOL Says Fiduciary Rule Can Discourage Class Waivers

    The U.S. Department of Labor told a Minnesota federal judge Tuesday that it can legally restrict an exception contained in its so-called fiduciary rule to advisers who don't prohibit clients from filing class actions, asking the judge to reject a financial planning group’s challenge to the provision.

  • January 18, 2017

    Atty DQ Bid In Sunken Ship Case Is Bad-Faith Move: Widows

    Three widows litigating wrongful death claims on behalf of their husbands who died when the El Faro cargo ship sank off the Bahamas during Hurricane Joaquin in 2015 said Tuesday that the ship's owners made a bad-faith claim of conflict in a bid to disqualify their common counsel.

  • January 18, 2017

    Fiat Chrysler Hit With Bias Suit By Ex-Diversity Manager

    Fiat Chrysler Automobiles has been hit with a proposed class action in Michigan by a former diversity manager for the company, who has alleged in her suit that the company’s employee evaluation process hurts African-American employees at a disproportionate rate.

  • January 18, 2017

    Ex-Marriott Maid Sues Fla. Hotel For Lost COBRA Coverage

    A former maid for a Marriott International Inc. hotel in Florida federal court on Tuesday filed a proposed class action against the company, saying that her rights to continued health care coverage under the COBRA Act were violated upon her termination in October 2016.

  • January 18, 2017

    States Urge 5th Circ. To Affirm OT Rule Block

    Nevada, Texas and 19 other states urged the Fifth Circuit on Tuesday to affirm an injunction blocking a recent revision to the Department of Labor’s overtime rule, saying the tweaks would cause “irreparable harm on a massive scale” if they took effect.

  • January 18, 2017

    Obama's NLRB Legacy To Face Some Trump Reversals

    Barack Obama's NLRB was a polarizing one for labor attorneys even by its own relatively partisan standards. While attorneys agree Donald Trump's board will be kinder to business than Obama's has been, attorneys tell Law360 they’re unsure how far the other way the pendulum will swing.

  • January 17, 2017

    Bio-Rad Fired GC For FCPA Leak, Jury Told At Trial’s Start

    A lawyer for Bio-Rad Laboratories Inc.’s ex-general counsel told a California federal jury during opening arguments in his retaliation suit Tuesday that the company fired him for blowing the whistle on its Foreign Corrupt Practices Act compliance in China, while Bio-Rad countered that he was an ill-tempered lawyer terminated for incompetence.

  • January 17, 2017

    9th Justice Will Loom Large Over Class Waiver Case

    With the U.S. Supreme Court set to consider whether businesses can force employees to waive the right to collectively pursue employment-related claims, attorneys say the outcome could hinge on the person President-elect Donald Trump chooses to fill the high court’s vacant seat.

  • January 17, 2017

    Cisco Can't Arbitrate Ex-Worker's Age Discrimination Case

    A San Francisco judge said at a hearing Tuesday that Cisco can’t arbitrate claims brought by a former services product manager suing the company for age discrimination, saying an arbitration clause was so buried in her contract that a reasonable reader would assume it only applied to intellectual property, not employment claims.

  • January 17, 2017

    Stryker Accused Of Firing Specialist For Refusing Surgeries

    Stryker Corp. has been slapped with a whistleblower lawsuit in New Jersey state court by a former specialist alleging that he was fired about a year ago for refusing to perform surgeries without supervision or the certification needed to conduct the procedures on his own.

  • January 17, 2017

    Uber Sues Seattle To Stop New Driver Unionization Rule

    Uber sued the city of Seattle in Washington state court Tuesday to block rules permitting for-hire drivers to participate in collective bargaining opportunities, alleging they run afoul of the state’s constitution.

  • January 17, 2017

    'Apprentice' Contestant Hits Trump With Defamation Suit

    A former “The Apprentice” contestant who publicly accused Donald Trump of having made unwanted sexual advances toward her filed a defamation lawsuit against the president-elect in New York court Tuesday for asserting in Twitter posts and campaign rallies that she concocted the allegations.

  • January 17, 2017

    US, Jacksonville Settle Firefighter Promotion Policy Row

    The federal government and the City of Jacksonville, Florida, have reached a settlement over the city fire department's promotion policies that allegedly have a disproportionately adverse effect on black firefighters, according to documents filed in Florida federal court Friday.

  • January 17, 2017

    Dish Network Must Undo Wage Cut During NLRB Case

    Dish Network Co. must restore a 50 percent pay cut to unionized employees at two Texas facilities while the National Labor Relations Board determines if the company’s action was illegal, a Texas federal judge ruled Saturday.

  • January 17, 2017

    Pilots, Flight Attendants Sue DOT Over Norwegian Air Permit

    A coalition of unions representing pilots and flight attendants has sued the U.S. Department of Transportation in the D.C. Circuit to challenge the agency's grant of a foreign air carrier permit to Norwegian Air Shuttle ASA's Irish subsidiary.

  • January 17, 2017

    Secret Client In JPM Whistleblower Case To Be Named

    The anonymous Client A, who is at the center of a lawsuit against JPMorgan Chase & Co. by an ex-executive who claims the bank fired her for flagging possible fraud, will be identified at trial and may be called as a witness by the former banker, a New York federal judge said Tuesday.

Expert Analysis

  • Health Care Enforcement Review And 2017 Outlook: Part 2

    Karen S. Lovitch

    In 2016, courts around the country heard cases involving a variety of False Claims Act and other enforcement-related matters. Going forward these case law developments are expected to have an impact on both the scope of FCA liability and the means by which FCA liability can be proven at trial, say attorneys at Mintz Levin Cohn Ferris Glovsky and Popeo PC.

  • Avoiding The Hidden Costs Of Bargain-Priced E-Discovery

    Michael Cousino

    Many organizations are interested in finding electronic discovery partners who offer tantalizingly low prices for electronic discovery services. However, unforeseen gaps, lax security practices, ignorance of global practices and delayed deliverables can all add up to a surprisingly large final cost, says Michael Cousino of Epiq Systems.

  • Employment-Based Immigration And Trump: What To Expect

    Brian J. Coughlin

    As President-elect Donald Trump continues to assemble his cabinet and develop strategies for his first 100 days in office, U.S. employers with temporary foreign workers contemplate an uncertain future. Despite Trump’s prediction that he will in time be regarded as the country’s “greatest jobs president,” many in the international business community remain apprehensive, say Brian Coughlin and David Iannella of Fragomen Del Rey Bernsen & Loewy LLP.

  • Examining Preponderance-Of-Evidence Standard At 7th Circ.

    Cinthia Granados Motley

    In Ramirez v. T&H Lemont, the Seventh Circuit recently reasoned that when sanctioning a party’s misconduct under inherent authority or Federal Rule of Civil Procedure 37, a preponderance of evidence is sufficient. The decision will no doubt extend beyond the requisite proof for discovery-related sanctions and misconduct and provide guidance on the applicable burden of proof in other contexts, say attorneys at Sedgwick LLP.

  • Native American Cases To Watch In 2017

    Thomas F. Gede

    The current eight-member U.S. Supreme Court will examine two Native American cases early this year, and may hear additional cases following the confirmation of a ninth justice. Thomas Gede of Morgan Lewis & Bockius LLP discusses the most important cases to pay attention to, including Lewis v. Clarke and Lee v. Tam.

  • New Guidance On Safe Harbor For Information Return Errors

    Michael Chittenden

    On Jan. 4, 2017, the IRS released Notice 2017-09, providing guidance on the de minimis safe harbor for errors in amounts reported on information returns. The notice sheds significant light on the safe harbor, which was enacted by the PATH Act of 2015. But it raises compliance concerns for small payors and for payees receiving intermittent payments, says Michael Chittenden of Miller & Chevalier.

  • Ambiguity For On-Call Rest Breaks At Calif. High Court

    Barbara L. Harris Chiang

    While the California Supreme Court's recent decision in Augustus v. ABM Security Services prohibited on-call rest periods and workplace policies that promulgate them, the practical implications of the decision remain unclear, say Barbara Harris Chiang and Elina Protich of Kaufman Dolowich & Voluck LLP.

  • Saving Lawyers 1 Breath At A Time: Mindfulness In The Law

    Jennifer Gibbs

    As critical as lawyers are to society, they are reported to be the most frequently depressed occupational group in the United States. In response to the inherently stressful nature of the practice of law, more and more lawyers are turning to an ancient contemplative practice called “mindfulness,” says Jennifer Gibbs of Zelle LLP.

  • What Will DOL's Immigration Policy Look Like Under Puzder?

    Becki L. Young

    It is still unclear how much legal immigration policy will change in the new Trump administration. However, both President-elect Donald Trump and his nominee for secretary of the U.S. Department of Labor, Andrew Puzder, have worked in industries that rely heavily on foreign nationals and it is entirely possible that legal immigration will stay within historic norms, says Becki Young, co-founder of Hammond Young Immigration Law LLC.

  • Understanding How Blockchain Could Impact Legal Industry

    R. Douglas Vaughn

    Blockchain is essentially a computerized public ledger that can apply to almost anything that a person might save into a database or spreadsheet. This versatile technology may enhance the legal industry by providing an improved record keeping system, setting up "smart contracts" and tracking intellectual property and land records, say R. Douglas Vaughn and Anna Outzen of Deutsch Kerrigan LLP.