Employment

  • April 09, 2020

    Fairway Markets Says COVID-19 Crisis Justifies Exec Bonuses

    Fairway Markets has told a New York bankruptcy court that the difficulty of running a grocery chain in Chapter 11 and in the face of the COVID-19 pandemic justifies its proposal to pay $2.3 million in executive bonuses.

  • April 09, 2020

    Fed. Circ. Says Air Force Overstepped On Major's Discharge

    The Federal Circuit ruled Thursday that the U.S. Air Force wrongly discharged a major after his progress up the ranks stalled, saying it had overstepped its authority by narrowing an exception to the military’s “up-or-out” promotion policy.

  • April 09, 2020

    Play Ball? Attys Say Starting MLB Season Amid Virus Is Risky

    With Major League Baseball considering starting its 2020 season by holding games in one location without any fans because of the coronavirus pandemic, attorneys warn the plan would require numerous precautions and agreements with players, team employees and other businesses to limit public health risks and potential legal liability.

  • April 09, 2020

    6th. Circ. Says Pilot Can't Send OT Case To Arbitration

    The Sixth Circuit refused Thursday to make about 4,000 workers arbitrate wage claims against rest stop operator Pilot in a ruling that also suggested, but did not hold, that arbitration agreements can’t supersede courts’ authority to decide whether a challenged pact is valid.

  • April 09, 2020

    Mass. Gov. Sponsors COVID-19 Medical Worker Immunity Bill

    Massachusetts Gov. Charlie Baker has introduced a bill that would grant broad legal immunity for the state’s doctors, nurses and hospitals as they battle the COVID-19 pandemic.

  • April 09, 2020

    L.A. Mayor Signs Modified COVID-19 Paid Sick Leave Order

    Los Angeles has adopted a supplemental paid sick leave policy, providing workers at larger companies with time off for COVID-19-related issues in an attempt to cover workers who were not included under the federal paid sick leave legislation.

  • April 09, 2020

    Judge Upholds Arbitrator's Ruling In Cannabis Worker Dispute

    A Nevada federal judge has upheld an arbitrator’s ruling siding with a cannabis consultant who was fired from a dispensary, saying the merits of the company’s case against the United Food and Commercial Workers’ union was up to the arbitrator to decide.

  • April 09, 2020

    $432B Italian COVID-19 Relief Decree Offers Tax Deferrals

    Italian businesses suffering steep losses because of the novel coronavirus pandemic will be entitled to tax deferrals, benefits and a new medical device credit under provisions in a $432 billion liquidity relief package that took effect Thursday.

  • April 09, 2020

    Texans Hit Bloomberg 2020 Campaign With Fraud Claims

    A number of North Texans who worked on New York billionaire Mike Bloomberg's short-lived presidential campaign have accused the organization in Texas state court of reneging on its recruitment promise of guaranteed employment through November and abandoning them with no health care during the coronavirus pandemic.

  • April 09, 2020

    Ex-Zimmer Exec's Discharge Claim Cut From Sex Bias Case

    A federal judge has spiked a former Zimmer Biomet Holdings Inc. executive's claim that she was forced to quit because she wouldn't mislead investors or improperly fire employees, saying that allegation had already hit a roadblock in court.

  • April 09, 2020

    Amazon To Fight Ex-Worker's Medical Pot Suit In State Court

    Amazon can’t use the Americans with Disabilities Act to keep in federal court a wrongful discrimination suit filed by a former warehouse employee who failed a drug test after using medical marijuana, a New Jersey judge ruled Thursday.

  • April 09, 2020

    Civil Rights Groups Pan Virus Relief Waiver For Contractors

    More than 50 civil rights organizations have urged the Office of Federal Contract Compliance Programs not to temporarily exempt federal contractors providing coronavirus relief from certain affirmative action obligations, noting that people of color and other marginalized communities have been hit hardest by the pandemic.

  • April 09, 2020

    Coronavirus Litigation: The Week In Review

    States are facing lawsuits amid a push for remote voting in upcoming elections, United Airlines has been sued over refunds for canceled flights, and Walmart was hit with wrongful death claims from the family of a worker fatally infected by the novel coronavirus.

  • April 09, 2020

    NLRB's Top Cop Says Boeing Meddled In SC Plant Union Drive

    The National Labor Relations Board's general counsel on Thursday accused Boeing of firing pro-union workers in the runup to a closely watched election at a South Carolina facility, issuing a complaint that consolidated more than a dozen unfair labor practice charges against the aerospace giant.

  • April 09, 2020

    UK Litigation Roundup: Here's What You Missed In London

    The past week in London has seen a major Portuguese bank join the queue of lenders suing Mozambique in the wake of a $2 billion fraud scandal, Russia's sovereign wealth fund target another news outlet over coverage, and BP add to the legal woes for its rival Glencore. Here, Law360 looks at those and other new claims in the U.K.

  • April 08, 2020

    7 Takeaways From Labor Dept.'s COVID-19 Paid Leave Rule

    The U.S. Department of Labor has moved quickly to implement new emergency paid sick leave laws, but the speed by which the new federal mandates were put in place may leave employers struggling to comply. Here, in the first of a two-part series, management-side attorneys highlight seven things businesses should know about the new legal landscape.

  • April 08, 2020

    Scores Fight White House In Birth Control Case At High Court

    Twenty states, 32 cities, 186 federal lawmakers and dozens of interest groups railed against the Trump administration’s stance in a blockbuster Affordable Care Act case Wednesday, urging the U.S. Supreme Court to strike down regulations allowing employers that oppose contraception to stop covering workers’ birth control.

  • April 08, 2020

    3 Key Developments As Coronavirus Cases Top 400K

    As the number of U.S. coronavirus cases exceeded 400,000 — with deaths approaching 15,000 — the White House held a 105-minute pandemic briefing, with guidance on essential workers exposed to infected people, optimism about flattening the curve and a push for $250 billion more for small businesses.

  • April 08, 2020

    Fla. Judge Rejects Kroger's Sanctions Bid In ADA Fight

    A Florida magistrate judge rejected calls by a unit of retail giant Kroger to sanction an attorney and his firm for missing court deadlines in an Americans with Disabilities Act suit, finding that Kroger's team had also shown a lack of "professional courtesy" in the case.

  • April 08, 2020

    Club Attacks SBA Ban On Virus Relief Loans For Strip Joints

    A Michigan strip club sued the Small Business Administration in federal court on Wednesday, claiming the agency violated the Constitution by implementing regulations barring COVID-19 relief loans for establishments that have "live performances of a prurient sexual nature."

  • April 08, 2020

    Fed. Circ. Says Probe Alone Not Whistleblower Reprisal Proof

    A U.S. Department of Veterans Affairs whistleblower couldn't pursue a reprisal claim under whistleblower law based solely on an allegedly retaliatory investigation, the Federal Circuit ruled Wednesday.

  • April 08, 2020

    9th Circ. Rejects Ex-TSA Worker's Appeal In Termination Suit

    The Ninth Circuit on Wednesday turned away a former Transportation Security Administration worker’s attempt to revive her claim that the agency flouted the Rehabilitation Act by letting her go, saying it lacked jurisdiction because a lower court wasn’t involved in the voluntary dismissal of her other claims.

  • April 08, 2020

    Crowded Docket Didn't Justify Forum Shift, 7th Circ. Hears

    An Indiana federal court abused its discretion when it sent a proposed wage and hour class action back to California to reduce its docket congestion without giving weight to the forum selection clause in the workers’ employment agreements, an insurance adjusting company told the Seventh Circuit during oral argument Wednesday.

  • April 08, 2020

    4 Lingering Real Estate Questions After $2T COVID Stimulus

    While the historic $2 trillion COVID-19 relief package is intended in part to help the retail, restaurant and hotel sectors, lawyers say landlords, tenants and employees in those areas remain uncertain as to whether — and how — they might obtain some of those funds. Here, Law360 looks at four unknowns for the real estate industry.

  • April 08, 2020

    Turning To Zoom, Texas Justices Hear $1.7M Negligence Spat

    Texas Supreme Court justices heard their first oral arguments in court history via Zoom on Wednesday while attempting to delineate whether a jury or judge has the power to decide an injured offshore drilling platform worker’s “borrowed employee” status in a $1.7 million negligence suit against W&T Offshore Inc.

Expert Analysis

  • High Court Inaction Paves Way For Increasing FCA Dismissals

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    Monday’s U.S. Supreme Court denial of certiorari in U.S. v. JPMorgan Chase has implications for False Claims Act litigants because it maintains important precedent allowing the U.S. Department of Justice to dismiss whistleblower cases without being subject to probing judicial review, say Brandon Moss and Michelle Bradshaw at Wiley Rein.

  • CARES Act May Propel Gig Economy Employment Law Shift

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    The Coronavirus Aid, Relief, and Economic Security Act’s extension of unemployment benefits to independent contractors could provide insight into how gig economy employment law standards might evolve, but some proposed changes may do more harm than good, says Kevin Vozzo at Epstein Becker.

  • Opinion

    In #MeToo Era, Victims Must Have Choice Over NDAs

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    States have started enacting laws that invalidate nondisclosure agreements in sexual harassment cases, but victims should have the individual choice of whether to agree to confidentiality, say Lynne Bernabei and Kristen Sinisi at Bernabei & Kabat.

  • Don't Forget Firm Culture When Adapting To Remote Work

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    While law firms suddenly pivoting to remote work due to coronavirus restrictions are busy dealing with logistical challenges, an equally pressing and perhaps more difficult task may be adjusting a long-standing brick-and-mortar culture to working remotely for the first time, say Heather Clauson Haughian and Grant Walsh at Culhane Meadows.

  • Employer Work Sharing Perks Amid Pandemic Uncertainty

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    During the coronavirus pandemic, obtaining approval for a work sharing plan can broaden an employer’s long-term options, provide immediate cost savings, curb liability exposure, support employee well-being, and free up time for considering next steps, say attorneys at Blank Rome.

  • How To Handle No-Cut Employment Contracts In Hard Times

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    Executives who are beneficiaries of no-cut employment agreements could still be asked to take significant pay cuts due to the economic impact of the coronavirus. Parties must treat the request like any other business transaction and negotiate the terms, says Jose Sariego at Bilzin Sumberg.

  • What Privacy Compliance Looks Like During COVID-19

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    As regulators in the U.S. and EU issue COVID-19 guidance aimed at striking a balance between protecting privacy and facilitating effective treatment, employers and health care providers must be mindful of changing privacy obligations, say Anna Clark and Joel Thayer at Phillips Lytle.

  • What Employers Need To Know About Furloughs

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    Employer considerations for implementing furloughs should include wage and hour challenges, paid time off questions, and federal and state notice requirements, says Jonathan Wetchler at Duane Morris.

  • 5th Circ. Ruling Amplifies Bristol-Myers Class Action Debate

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    The Fifth Circuit’s recent decision in Cruson v. Jackson National Life Insurance guides defendants on raising the U.S. Supreme Court’s 2017 Bristol-Myers ruling as a jurisdictional objection to a nationwide class, even though it deepens a circuit split, says Michael Ruttinger at Tucker Ellis.

  • Conducting Court Hearings Remotely: 12 Considerations

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    As more courts begin to explore remote hearings during the COVID-19 crisis, attorneys and courts should be aware of some of the common concerns accompanying video- and teleconferencing technology and make allowances to avoid these issues, say Attison Barnes III and Krystal Swendsboe at Wiley Rein.

  • Key CARES Act Implications For Health And Life Sciences

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    The Coronavirus Aid, Relief and Economic Security Act, passed last month, is expected to provide significant monetary relief to the health care and life sciences companies, as well as investors in the space, say Kevin Rinker and Jacob Stahl at Debevoise.

  • Pandemic Telework May Undermine Employer ADA Defense

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    The broad embrace of teleworking during the coronavirus pandemic may expand Federal courts’ willingness to consider working from home as a reasonable employee accommodation under the Americans with Disabilities Act, weakening employer arguments against such claims, say Robert Nichols and Caroline Melo at Bracewell.

  • The Era Of Video Mediation Is Here — Or Is It?

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    Mediator Jeff Kichaven has heard from several first-chair trial lawyers and senior claims executives that they are reluctant to adopt online video mediation even during the COVID-19 crisis, and says this reluctance is grounded in reality.

  • Furloughs: Weighing The Unemployment Costs And Benefits

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    Employers considering furloughs so workers can access expanded unemployment benefits under the Coronavirus Aid, Relief, and Economic Security Act should look for two factors that would minimize drawbacks for all parties, says Isaac Mamaysky at Potomac Law Group.

  • COVID-19 Highlights BigLaw Need For Emotional Intelligence

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    The formula for making decisions at BigLaw firms has historically been rooted in IQ-based factors, but with the ongoing pandemic, lawyers and firm leaders are increasingly dealing with issues that require emotional intelligence — from establishing effective virtual offices to retaining firm morale and client confidence, say Jolie Balido and Tina van der Ven at NewStar Media.

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