Employment

  • January 19, 2018

    Delrahim Says Criminal No-Poach Cases Are In The Works

    The U.S. Department of Justice's antitrust chief said Friday that the division has a handful of criminal cases in the works over agreements by companies not to hire each other's workers, signaling that a focus of the Obama administration is continuing.

  • January 19, 2018

    CBA Precludes Meal, Rest Break Claims, Calif. Judge Says

    A California federal judge on Thursday put to rest claims by a proposed class of Kiewit Infrastructure West Co. workers that they weren’t given adequate meal breaks and rest periods, saying the company was exempted from liability by a valid collective bargaining agreement.

  • January 19, 2018

    Employment Group Of The Year: King & Spalding

    In 2017, King & Spalding LLP helped secure a settlement for Bass Pro in an EEOC systemic discrimination suit, win a Sixth Circuit appeal for Meritor in retiree health benefits litigation and defend Peabody Energy from an ERISA stock drop suit, earning the firm a spot among Law360’s Employment Practice Groups of the Year.

  • January 19, 2018

    Littler Adds Benefits Attorney From GCA Law Partners

    Littler Mendelson PC bolstered its bench in San Jose, California, with the addition of a seasoned benefits attorney as a shareholder from GCA Law Partners LLP, where she was of counsel, the labor and employment firm has announced.

  • January 19, 2018

    Texas Justices To Hear FMLA Leave Unemployment Issue

    The Texas Supreme Court on Friday granted a request from the Texas Workforce Commission to review a ruling that an employee taking an absence from work under the Family and Medical Leave Act can’t get unemployment benefits under the Texas Labor Code.

  • January 19, 2018

    Ex-United Pilot's $35M Bipolar Misdiagnosis Suit Tossed

    A Missouri federal court on Thursday dismissed a $35 million suit by a former naval aviator over an allegedly career-ruining bipolar misdiagnosis by a U.S. Department of Veterans Affairs hospital, saying that the suit was filed too late.

  • January 18, 2018

    7th Circ. Bats Down Ex-BNSF Conductor's Retaliation Suit

    The Seventh Circuit on Thursday refused to revive a former BNSF Railway conductor's suit alleging it fired him in retaliation for reporting a superior for a physical altercation, affirming the jury verdict in BNSF's favor.

  • January 18, 2018

    Weyerhaeuser Can't Upend Domtar Win On Post-Sale Fight

    The Third Circuit on Thursday affirmed Weyerhaeuser's loss in a suit over who had to pay some $9 million in workers' comp costs for retired workers after the $3.3 billion sale of a business unit to Domtar Corp., saying Weyerhaeuser spent years acting like it was the one responsible, and that was enough to make it the one responsible.

  • January 18, 2018

    Strip Club Can’t Enforce 'Sham' Arbitration Pacts: 4th Circ.

    A South Carolina strip club can’t force dancers who opted into a minimum wage and overtime collective action to arbitrate their claims, the Fourth Circuit ruled Thursday, saying the club only tried to enforce "sham" arbitration agreements after coming up short in court.

  • January 18, 2018

    NLRB Defends Vegas Show Retaliation Finding To DC Circ.

    The National Labor Relations Board urged a D.C. Circuit panel Thursday to uphold its finding that a Las Vegas show production company unlawfully retaliated against a dancer for engaging in protected speech by refusing to renew her contract, saying the company failed to adequately support its claim that a bad attitude and poor performance cost the dancer her job.

  • January 18, 2018

    IHOPs Say EEOC Failed To Disclose All Harassment Claims

    Two IHOP restaurant operators say the Equal Employment Opportunity Commission has not met its obligations to discuss and remedy claims that several employees were subjected to a sexually hostile work environment, urging an Illinois federal judge Wednesday to deny the commission’s request to find requirements were met before the complaint was filed.

  • January 18, 2018

    NCAA Council Pushes Back Vote To Revamp Transfer Rules

    The NCAA Division I Council on Wednesday voted to push back a potential vote on whether to move forward with a proposal to change a transfer rule to allow athletes to play immediately after transferring, an issue that has been at the center of multiple lawsuits against the NCAA.

  • January 18, 2018

    Class Decertified In Wage Suit Against Hospital Chain

    A Wisconsin federal judge on Wednesday dissolved a Fair Labor Standards Act collective of hospital workers bringing wage and hour claims against ThedaCare Inc. and also refused to certify a proposed class in the same suit after finding that the workers’ situations weren’t similar enough.

  • January 18, 2018

    Courtroom Will Stay Open For Waymo Trade Secrets Battle

    A California federal judge Thursday denied Waymo LLC's motion to close the courtroom for the trial over its claim that Uber Technologies stole its plans for self-driving cars, saying Waymo has agreed less severe restrictions are sufficient to protect the company's trade secrets.

  • January 18, 2018

    Calif. High Court Denies Firefighters' Exam Challenge

    The California Supreme Court on Wednesday declined to review a trial court judge’s ruling setting aside a $3.5 million jury award won by a group of San Francisco firefighters who alleged that the city’s exam for promoting them to lieutenant discriminates against applicants over 40 years old.

  • January 18, 2018

    NJ Nursing Moms Law Poses Challenges For Small Employers

    The recent expansion of New Jersey’s anti-bias law to include female employees at companies of any size who need time and space to breastfeed or pump milk could create logistics and operations hurdles for small businesses that had enjoyed exemption from a similar federal law if it posed a hardship.

  • January 18, 2018

    Employment Group Of The Year: Outten & Golden

    In the past year, Outten & Golden LLP has gotten results for workers across the U.S. that include a pair of settlements for police and airline pilots in respective class actions brought under a federal law aiding veteran employees, earning itself a nod as one of Law360's Employment Groups of the Year.

  • January 18, 2018

    CSX Insists Entire Mass. Sick Time Law Preempted

    Railroad giant CSX Transportation Inc. asked a Massachusetts federal judge Thursday to conclude that the state’s entire earned sick time law is preempted by the federal Railroad Unemployment Insurance Act and cannot be enforced against railroads, arguing for the expansion of a previous circuit court ruling.

  • January 18, 2018

    2 State-Level Developments Employers Might Have Missed

    Two key employment developments took place recently, with Pennsylvania’s governor proposing on Wednesday a sweeping expansion of overtime coverage for salaried workers while Maryland became the latest state to adopt a paid sick leave program.

  • January 18, 2018

    C&J Energy Services Sues Ex-Managers Over Competing Co.

    C&J Energy Services, a company that specializes in drilling, completing and servicing wells, filed a lawsuit in state district court in Houston Tuesday against three former employees and a new company those employees launched, alleging the trio has poached engineers and customers in violation of noncompete agreements.

Expert Analysis

  • Practitioner's Guide To Statistical Sampling: Part 4

    Brian Kriegler

    Brian Kriegler of Econ One Research concludes his series on statistical sampling by addressing several common misperceptions about random sampling requirements.

  • What To Know About NY's New Paid Family Leave Law: Part 2

    Tony Dulgerian

    In their final article discussing New York's new paid family leave law, attorneys with Nixon Peabody LLP address common employer questions regarding the definition of "wages," how the law interacts with other federal, state and local leave and benefits laws, and recent updates to official paid family leave forms.

  • LGBTQ Protections And Best Practices Under Title VII

    Excerpt from Lexis Practice Advisor
    Darrell VanDeusen

    Over the past two years there has been a seismic shift in the view that sexual orientation and gender identity claims do not fall within Title VII of the Civil Rights Act. Darrell VanDeusen and Alexander Berg of Kollman & Saucier PA analyze how the developing law protects LGBTQ employees at the federal level and provide employer guidance on related issues in the workplace.

  • 6 Roles To Embrace In An Evolving Legal Industry

    Rob MacAdam

    Smart law firms are increasingly positioning professionals to proactively guide them as the legal landscape reshapes itself, harnessing six emerging roles within their organizational charts to embrace new approaches, tools and systems, says Rob MacAdam of HighQ.

  • Practitioner's Guide To Statistical Sampling: Part 3

    Brian Kriegler

    In the third of four articles on statistical sampling in practice, Brian Kriegler of Econ One Research uses the example of a hypothetical Medicare reimbursement case to address various solutions for dealing with missing sample selections so that statistical inferences remain valid.

  • What To Know About NY's New Paid Family Leave Law: Part 1

    Tony Dulgerian

    A new year means new compliance concerns for employers in New York. In particular, the New York State Paid Family Leave Benefits law went into effect this month. Attorneys with Nixon Peabody LLP address employers’ frequently asked questions about the complex requirements of the new law.

  • Opinion

    This Year, Let’s Invest In Lawyer Resiliency

    krishtel.photo.jpg

    Highly profitable companies have comprehensive corporate wellness programs that realize plateauing health care costs, greater employee engagement, and a demonstrable competitive advantage. The legal field needs a similar awakening, says Rudhir Krishtel, a former partner of Fish & Richardson and senior patent counsel at Apple.

  • Practitioner's Guide To Statistical Sampling: Part 2

    Brian Kriegler

    In the second of four articles on statistical sampling in practice, Brian Kriegler of Econ One Research offers a method for constructing confidence intervals when the sample size is relatively small.

  • Top 10 Employer Resolutions For 2018

    Allegra Lawrence-Hardy

    Last year employers watched as a variety of regulations were rolled back to pre-Obama administration status. Allegra Lawrence-Hardy and Bonnie Burke of Lawrence & Bundy LLC discuss what happened in 2017, the developments employers should be alert to this year, and the resolutions they should make to protect their company and employees.

  • 5 Legal Technology Predictions For 2018

    Jeff Ton

    While each new year is expected to bring fresh challenges to the legal industry, 2018 will be particularly disruptive to the status quo. Both law firms and organizations that cater to the legal community should prepare for developments like increasing pressure from international clients and data security risks caused by multigenerational gaps, says Jeff Ton of Bluelock LLC.