A split New York state appeals panel said Thursday that a courier for web-based delivery service Postmates was an independent contractor, handing businesses another win in the ongoing battle over the employment status of gig economy workers.
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Postmates Workers Not Employees, NY Appeals Court Says

A split New York state appeals panel said Thursday that a courier for web-based delivery service Postmates was an independent contractor, handing businesses another win in the ongoing battle over the employment status of gig economy workers. Read more »


Sugar Co. Shouldn't Get New Race Bias Trial, Worker Says

A black employee of the company that makes Domino sugar defended his jury win in a race bias suit in New York federal court Friday, calling the company’s bid for a new trial “a garden-variety effort” to reverse a fair verdict. Read more »

Autozone Worker Gets New Trial In Sexual Harassment Suit

A California appeals court has ordered a new trial in a lawsuit against car parts supplier Autozone Inc., saying Thursday that a lower court made several erroneous evidentiary rulings that prejudiced the employee who alleged that she was subjected to sexual harassment by a co-worker. Read more »


Telecom Floats $715K Deal With Workers In OT Row

Granite Telecommunications LLC urged a Florida federal judge Thursday to sign off on a deal settling two former sales representatives' claims that the company shorted workers on overtime pay, saying it will pay out $714,900 but admit no wrongdoing.  Read more »

Walmart Managers Ask For Rethink On Class Cert. Denial

Former Walmart assistant managers urged a Pennsylvania federal court on Thursday to reconsider its refusal to let them move forward as a class in a lawsuit alleging the megastore chain manipulated their job titles to keep from paying them overtime. Read more »

Calif. Hertz Workers Drive For Cert. In Wage, Rest Break Row

A Hertz employee who accused the car rental company of violating California labor laws by withholding meal and rest breaks and skimping on pay has asked a federal judge for class certification, saying more than 2,000 workers were subject to the same unlawful policies. Read more »


Brown, Grad Students Agree To Union Vote Via Arbitration

Brown University and an American Federation of Teachers-affiliated union local have agreed to let the school's 1,400 graduate student workers vote on whether to organize through the American Arbitration Association, following in the footsteps of Georgetown University and its grad students. Read more »

NLRB Finds Tribal Casino Unfairly Cut Union Member Bonuses

The majority of a National Labor Relations Board panel has backed an administrative law judge's 2016 finding that a California tribe violated federal law by cutting year-end bonuses for unionized workers at its San Diego-area casino in half without bargaining with their union first. Read more »






SuperValu Destroyed Pricing Evidence, Whistleblowers Say

Whistleblowers in a lawsuit accusing grocery store conglomerate SuperValu Inc. of overcharging the federal government for medication asked an Illinois federal judge to sanction the chain on Thursday, saying it destroyed material evidence that would have helped prove their claims. Read more »

NJ Trooper Can't Revive Whistleblower Suit Over Porn Report

A New Jersey state appeals court Friday refused to revive a state trooper’s whistleblower suit alleging she was transferred to an unpopular unit after reporting a superior’s pornography use on the job, reasoning that the new assignment was actually a promotion. Read more »





Insurance Co. Looks To Nix Damages In H-2A Worker Row

A Louisiana insurance company asked the Fifth Circuit to hear arguments that it should not be on the hook for damages, saying that two immigrants who were injured while working at a sugarcane farm it insures should have been barred under state employment law from bringing claims looking to hold the farm liable. Read more »

Detainees Sue Contractor Over $1 Daily Work Rate At Center

Current and former detainees at an immigrant detention center in Washington state who allege the site’s owner violated a state labor law by paying them a $1 daily rate for working at the center urged a Washington federal court on Thursday to certify their litigation as a class action. Read more »

NJ High Court Won't Extend Notice Rule For Public Workers

The New Jersey Supreme Court has reined in a state appellate ruling that required public bodies to notify employees in advance of meetings where a personnel decision might occur, saying such notices are only required when officials intend to discuss the jobs of adversely affected workers behind closed doors. Read more »

Teamsters Fund Seeks Redo On $3.5M Award At 2nd Circ.

The trustees of a Teamsters Local 210 fund have urged the Second Circuit to reconsider its affirmation of a more than $3.5 million judgment against it in a decadelong dispute over a reduction in contributions, arguing that the fund can’t be sued under the Labor Management Relations Act. Read more »

Ex-Nelson Levine Atty Fights Arbitration Bid By Colleague

A non-managing member of defunct Nelson Levine de Luca & Hamilton LLC being sued with other firm colleagues by a former name partner for allegedly shorting him in the firm's breakup argued Thursday in Pennsylvania federal court that a motion by the partner to arbitrate the case is far too premature. Read more »

Texas Justices Partly Revive Ex-Manager Win Over Dealership

The Texas Supreme Court on Friday revived part of a $2.6 million jury award for the former manager of a car dealership who claims his old boss reneged on a buy-in agreement and ruined his reputation, saying the court of appeals was wrong to strike down the entire award and ordering the lower court to revisit the case. Read more »

Pizza Hut Franchisee Wins Bid To Arbitrate Drivers' Claims

An Illinois federal court on Thursday granted a bid by one of the largest Pizza Hut franchisees in the country to compel arbitration in a proposed Fair Labor Standards Act class action over vehicle-related expenses, suspending the case following a recent U.S. Supreme Court ruling. Read more »

Calif. OSHA Employee Charged With Bribery Scheme

A district manager with California's Division of Occupational Safety & Health has been charged in state court with accepting bribes in exchange for lowering workspace safety violation penalties faced by a construction company, according to the California attorney general's office. Read more »

Okla. Justices Nix Petition Challenging Teachers’ Pay Tax

Oklahoma’s Supreme Court on Friday tossed a referendum petition challenging a new law that raised taxes on oil, cigarettes and gasoline that will fund pay raises for teachers, saying that the summary of the petition was misleading and flawed. Read more »

Tesla Abandons Restitution Bid After High Court Ruling

Tesla Motors Inc.'s in-house counsel thinks the restitution amount available to cover a six-figure internal investigation into a former employee's conduct is "not meaningful enough to be worthwhile" after the Supreme Court's recent Lagos ruling, according a Thursday filing. Read more »



FLSA Turns 80

Originally signed by President Franklin D. Roosevelt on June 25, 1938, the Fair Labor Standards Act turns 80 this year. Here, attorneys most familiar with the statute provide different perspectives on the law’s impact and development over the course of its history. Read more »

The Where, When And What Of DTSA Appeals: Part 1

There has been virtually no appellate guidance on the meaning and scope of the Defend Trade Secrets Act in the two years since it was enacted. Only four appellate panels have addressed the law, say Gregory Lantier and Thomas Sprankling of WilmerHale. Read more »

English-Only Rules In Today’s Multicultural Workplace

Several recent events — including a lawsuit against grocery chain Albertsons filed by the U.S. Equal Employment Opportunity Commission — highlight that many employers may not be well-acquainted with the nuances of the law regarding English-only rules, despite the high potential for such sensitive issues to create problems, says Alex Lee of Einhorn Harris Ascher Barbarito & Frost PC. Read more »


These Practices Will Drive Legal Hires In The Next 6 Months

More than half of U.S.-based lawyers anticipate this practice will drive job growth at their firms or companies throughout the second half of 2018, according to a survey released by legal staffing and consulting solutions company Robert Half Legal on Thursday. Read more »


Getting Acquired? Here's What GCs Should Do

A federal judge's recent decision that AT&T can complete its $85 billion purchase of Time Warner and Disney's raised bid for parts of 21st Century Fox might have in-house counsel wondering what they'd do if a merger happened at their companies. Here, Law360 looks at how GCs and other in-house attorneys can prepare. Read more »

4 More BigLaw Firms Catch Up To Associate Salary Raises

BigLaw firms Shearman & Sterling, Akin Gump, Orrick and Dechert are the latest to increase associate pay in the U.S. to match the scale set last week by Cravath, offering first-year attorneys a $190,000 base salary. Read more »

GOP Sen. Blocks Ga. Justice Tapped By Trump For 11th Circ.

Sen. Jeff Flake, R-Ariz., has become the first Republican to hold up one of President Donald Trump’s judicial picks, blocking the Eleventh Circuit nomination of Georgia Supreme Court Justice Britt Grant for a second time in the Senate Judiciary Committee on Thursday. Read more »

Immigration Takes Center Stage At House Judiciary Hearing

The Trump administration’s immigration policy and its effect on the courts were front and center Thursday at a subcommittee hearing of the House Judiciary Committee regarding the pressing need for new federal district and appellate judges. Read more »

Law360's Weekly Verdict: Legal Lions & Lambs

Gibson Dunn & Crutcher LLP and Foley & Lardner LLP secured the title of top legal lions this week, winning a favorable decision at the U.S. Supreme Court for a Canadian railroad company in a $13.3 million dispute with the IRS, while legal lamb Brann & Isaacson did not fare so well at the same court in a separate tax fight over internet retailers' duty to collect state sales and use taxes. Read more »

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