Employment

  • January 17, 2020

    Word 'Or' Prompts New Trial For Ex-Jersey City Officials

    A New Jersey federal judge on Friday upended a roughly $2.1 million jury award as it relates to two former Jersey City officials, saying the word "or" in a question on the verdict sheet created ambiguity regarding their liability for allegedly assisting the city in discriminating or retaliating against an ex-police officer.

  • January 17, 2020

    Tech Giants Join Fight Against Trump 'Public Charge' Policy

    More than 100 businesses and trade associations, including tech giants LinkedIn, Twitter and Microsoft, have thrown their support behind a lawsuit challenging a policy that would penalize low-income green card applicants, arguing that the new restrictions will hurt U.S. employers.

  • January 17, 2020

    Pa. Law Excuses 3rd-Party Driller From Worker’s Death Suit

    A Pennsylvania drilling company can't be pulled into the wrongful-death lawsuit over a worker killed by a falling piece of equipment because the law of the state where he died gave immunity to employers and trumped the Texas law chosen in a contract between the driller and its equipment provider, a Pittsburgh federal judge ruled Thursday.

  • January 17, 2020

    Caesars Fights Unions' Bid To Undo NLRB Email Use Ruling

    Caesars Entertainment urged the National Labor Relations Board on Thursday not to reconsider its recent order limiting when workers can use company email systems to organize, saying the opposed unions are rehashing old arguments.

  • January 17, 2020

    DC Circ. Says Arch Coal Can't Duck Benefit Payments

    The D.C. Circuit said Friday that federal mining law requires Arch Coal Inc. to post the security for a benefits plan for retired coal miners and that security posted by the company's former subsidiaries isn't sufficient, affirming a district court ruling.

  • January 17, 2020

    Boeing Max Pilots Can't Be Anonymous In Lost Wages Suits

    An Illinois federal judge ruled that international pilots can't anonymously sue Boeing for allegedly misrepresenting the safety of its 737 Max jets, ordering the pilots be unmasked before they can press ahead with consolidated litigation seeking lost wages from the grounded jets.

  • January 17, 2020

    Justices Will Hear ACA Contraception Clash

    The U.S. Supreme Court on Friday agreed to examine the lawfulness of religious and moral exemptions from the Affordable Care Act’s requirement for employer health plans to cover birth control.

  • January 17, 2020

    Workers Group Fights To Keep McDonald's NLRB Case Alive

    The Fight for $15 has asked a National Labor Relations Board judge not to end its push to hold McDonald's jointly responsible for franchisees' labor violations, saying new evidence suggests one of the labor board members who approved a settlement in the case should have recused himself.

  • January 17, 2020

    AFL-CIO 2nd-In-Command Discusses Labor's 'Next Frontier'

    As an impending wave of automation threatens to upend the workplace, unions are fighting for members by demanding displacement protections in contracts and a greater say in how businesses implement robots and other artificial intelligence tools, AFL-CIO Secretary-Treasurer Liz Shuler told Law360 in an exclusive interview.

  • January 17, 2020

    BB&T Escapes Ex-Employee's FMLA Claim, For Now

    Branch Banking and Trust Co. dodged a Family Medical Leave Act claim Thursday in a wrongful termination suit brought by a former employee who had requested paternity leave, after a Texas federal judge found that the plaintiff was not actually eligible for FMLA benefits.

  • January 17, 2020

    Employment Group Of The Year: Sanford Heisler

    Plaintiff-side powerhouse Sanford Heisler Sharp LLP continued to deliver results for workers in disputes with big-name employers including Dartmouth College, Merck and Western Digital Corp. last year, earning itself a spot among Law360’s 2019 Employment Groups of the Year.

  • January 17, 2020

    Boston Labor Atty Drops Out Of US Senate Race

    Shannon Liss-Riordan, a prominent plaintiffs-side employment lawyer who has pursued numerous high-profile class actions targeting companies like Uber and GrubHub, ended her campaign on Friday to unseat incumbent Massachusetts Sen. Ed Markey.

  • January 16, 2020

    NLRB Advice Memos Tackle Investigations, Arbitration Pacts

    In a new round of guidance memos, the National Labor Relations Board's advice division tackles Obama-era precedent on workplace investigations and weighs in on the legality of a "voluntary" arbitration agreement.

  • January 16, 2020

    8th Circ. Says Complaint Of Affair, Not Bias, Got Prof Fired

    The Eighth Circuit on Thursday shut down a poetry professor’s attempt to revive her lawsuit claiming Macalester College fired her because she’s Filipina, female, a lesbian and disabled, saying the college showed that it fired her in response to allegations she had sex with a student.

  • January 16, 2020

    11th Circ. Kills EMT's Harassment Suit Despite 'Unsavory' Acts

    The Eleventh Circuit on Thursday declined to revive an EMT’s suit alleging she was sexually harassed by her boss before being fired ostensibly for flirting with him, deeming her boss's alleged on-the-job behavior "unsavory and unpleasant" but insufficient to keep her case alive.

  • January 16, 2020

    3rd Circ. Won't Revive Ex-Plant Worker's FLSA Suit

    The Third Circuit on Thursday refused to revive a former Pennsylvania industrial plant employee's suit claiming he was wrongly fired for complaining about not getting overtime pay, backing a district court finding that the suit was a bid to end-run around an unfavorable decision in another case.

  • January 16, 2020

    Calif. Trucking Group Wins Injunction On Dynamex Law

    A California federal judge on Thursday blocked enforcement of a controversial Golden State law that raises the bar for legally classifying workers as independent contractors, agreeing with a trucking group that the law upends motor carrier operations and flies in the face of federal law.

  • January 16, 2020

    Calif. Supreme Court Takes 2nd Dynamex Retroactivity Case

    The California Supreme Court has agreed to hear another appeal asking whether its 2018 decision adopting a lower bar for proving employers misclassified workers as independent contractors applies retroactively.

  • January 16, 2020

    Feds Beef Up Claims Against Kansas Prof Over China Program

    Prosecutors on Thursday unveiled a new, more detailed indictment against a University of Kansas researcher accused of hiding his ties to a Chinese university.

  • January 16, 2020

    South Carolina To Mull Stipends, Trusts For NCAA Athletes

    South Carolina lawmakers formally proposed legislation that would let athletes at the state's major universities profit from endorsements and open the door for them to receive cash stipends and payments into a trust while they're playing college sports.

  • January 16, 2020

    Walmart Beats EEOC Discrimination Suit Over Sabbath Work

    A Wisconsin federal judge granted Walmart an early win Thursday over a U.S. Equal Employment Opportunity Commission lawsuit alleging the retail giant engaged in discrimination by rescinding a man’s job offer because he refused to work on his Sabbath, ruling that Walmart had offered reasonable accommodations.

  • January 16, 2020

    Aramark Strikes $21M Deal To End Managers' Bonus Suit

    Aramark Corp. and a group of several thousand workers have asked a Pennsylvania federal judge to sign off on a $21 million settlement that would resolve a suit claiming the company reneged on its promise to pay bonuses to managers in 2018.

  • January 16, 2020

    Cannabis And Cybersecurity Among Top HR Concerns In 2020

    Changing marijuana laws and data security with regard to sensitive consumer and employee information are the top concerns for human resources professionals heading into 2020, according to a survey released Thursday by an HR consulting firm.

  • January 16, 2020

    5th Circ. Says Staffing Co. Can Pursue Race Bias Suit

    The Fifth Circuit revived a racial discrimination lawsuit brought by White Glove Staffing Inc. against a Dallas hospital, saying the staffing agency doesn't need to have a corporate racial identity under federal law to pursue claims the hospital preferred Hispanic workers to black workers.

  • January 16, 2020

    6th Circ. Won't Revive Ex-AT&T Worker's Medical Leave Suit

    The Sixth Circuit has refused to breathe new life into a former AT&T Mobility Services sales worker's suit claiming she had to quit her job after taking medical leave and raising concerns about fraud, saying she couldn't show the company pushed her out.  

Expert Analysis

  • Don't Let Moonlighting Undermine Employment Visa Status

    Author Photo

    Employees with nonimmigrant visas should be educated about the parameters of lawful U.S. employment because they may not know that earning extra income through a side gig could render them ineligible for permanent residence down the road, say Douglas Halpert and Jessica Cadavid at Hammond Law Group.

  • Bid Protest Spotlight: 2019's Most Noteworthy Decisions

    Author Photo

    In this month's bid protest roundup, Victoria Angle at MoFo highlights two December decisions from the U.S. Government Accountability Office, looks back at five of the most interesting bid protests of 2019 and provides a few takeaways from the GAO's fiscal year 2019 report.

  • Calif. Ruling Clears Up Pay Stub Rules For Company Names

    Author Photo

    A California appellate court recently ruled in Noori v. Countrywide Payroll that use of an unregistered acronym on wage statements violated the state’s Labor Code, providing guidance on the requirement that pay stubs include an employer’s legal name, says Kirsten Gallacher at Wilson Turner.

  • Bias Case Gives Justices Chance To Rethink Title VII

    Author Photo

    If the U.S. Supreme Court decides to hear Peterson v. Linear Controls, its decision could resolve a circuit split and redefine the scope of Title VII's discrimination protections, say attorneys at Sullivan & Cromwell.

  • Top 10 Employment Law Developments Of The Decade: Part 2

    Author Photo

    In the final part of this article, Barbara Roth and Tyler Hendry at Herbert Smith look back on the most significant labor and employment law updates from the second half of the decade, and reveal their choice for the most important change of the 2010s.

  • How Associate Life Has Evolved Over The Past Decade

    Author Photo

    During the last 10 years, the need to embrace change was fundamental for law firms, and that change affected associates in many ways — most, but not all, for the better, says Brad Kaufman, co-president of Greenberg Traurig.

  • The New Class Action Frontier Under Illinois Privacy Law

    Author Photo

    One year after a pivotal Illinois Supreme Court ruling broadened liability under the Biometric Information Privacy Act, companies in a wide variety of industries need to be vigilant of a rise in potentially financially ruinous class action filings, and there are several steps they can take to protect themselves from BIPA liability, say attorneys at Ropes & Gray.

  • Top 10 Employment Law Developments Of The Decade: Part 1

    Author Photo

    In the first of two articles, Barbara Roth and Tyler Hendry at Herbert Smith highlight the decade's most significant labor and employment law changes, including the U.S. Supreme Court’s 2011 decision in Dukes to raise the class certification threshold, and the spread of state and local paid sick leave laws.

  • What Pa. Employment Suit Means For Medical Cannabis Users

    Author Photo

    In allowing Palmiter v. Commonwealth Health Systems to proceed, a Pennsylvania state court joins a national trend to allow medical cannabis patients to proceed with unlawful termination claims based on off-site medical cannabis use, say Ruth Rauls and Matthew Smith of Saul Ewing.

  • Gov't Contractor Suspension And Debarment: 2019 In Review

    Author Photo

    Attorneys at Covington look back at last year's policy trends and developments, legislative and rulemaking activity, and notable federal district court rulings related to the exclusion of contractors from doing business with the federal government.

  • The Shortcomings Of DOL's Fluctuating Workweek Proposal

    Author Photo

    While clarifications in the U.S. Department of Labor's recently proposed rule on fluctuating workweek bonus pay calculations are encouraging, silence on the standard for fluctuating hours will continue to create uncertainty for employers and employees, says Sarabeth Hall at Fisher Phillips.

  • Breaking Down Brazil's 1st Data Protection Law

    Author Photo

    Brazil's General Law on Data Protection, which comes into effect later this year, is largely modeled on the European Union's General Data Protection Regulation but has some key differences that companies doing business in Brazil should keep in mind when formulating compliance plans, say Felipe Saraiva and Dean Forbes of Sidley.

  • Series

    Judging A Book: Dyk Reviews 'Democracy And Equality'

    Author Photo

    In their new book "Democracy and Equality: The Enduring Constitutional Vision of the Warren Court," Geoffrey Stone and David Strauss provide valuable context for U.S. Supreme Court decisions under Chief Justice Earl Warren that have profoundly affected the country, but their overly protective attitude sometimes obscures reality, says Federal Circuit Judge Timothy Dyk.

  • What Employers Still Don't Get About Benefits For Veterans

    Author Photo

    Although the Uniformed Services Employment and Reemployment Rights Act recently turned 25, employers remain relatively unfamiliar with its requirements, potentially exposing them to litigation and reputational harm, say Jason Ranjo at Morgan Lewis and Kurt Perhach at Novartis.

  • 7 Insider Tips For Working With In-House Counsel

    Author Photo

    For outside firms wondering how to best support busy in-house lawyers, several practices can help navigate critical legal issues and novel business challenges while strengthening the working relationship, says Virginia Hudson, associate general counsel at Capital One.