Employment

  • January 21, 2022

    Employment Authority: Modernizing FLSA & COVID-19 Bias

    Law360 Employment Authority covers the biggest employment cases and trends. Catch up this week with a look at how the Fair Labor Standards Act might be modernized to better reflect the current state of the workplace, key questions surrounding the intersection of COVID-19 and discrimination law, and how it remains to be seen whether ongoing union organizing at Starbucks stores will lead to any ratified labor contracts.

  • January 21, 2022

    Texas Judge Blocks Vaccine Mandate For Federal Workers

    A Texas federal judge on Friday blocked the enforcement of President Joe Biden's mandate requiring all federal employees to be vaccinated against COVID-19 after finding that the president doesn't have authority to issue such a broad order, a ruling the federal government has already announced it's appealing.

  • January 21, 2022

    Home Depot Faces Bias Suit Over Medical Marijuana Use

    A Connecticut woman has sued Home Depot in federal court, accusing the company of improperly putting her on medical leave when she revealed she was using medical marijuana to treat her PTSD.

  • January 21, 2022

    Iowa Lawmaker Lobs Bill To Make Student-Athletes Employees

    Amid a growing legal push to treat NCAA student-athletes as employees, an Iowa lawmaker has introduced a bill that would classify athletes at Iowa state schools as public employees and entitle them to pay and other benefits.

  • January 21, 2022

    Eatery Fights Zurich's Bid To Escape $1.75M FLSA Settlement

    A Tex-Mex restaurant chain urged a Kansas federal court on Friday to let its promissory estoppel and intentional emotional distress claims against Zurich American Insurance Co. survive, after the insurer tried twice to evade the chain's claims.

  • January 21, 2022

    Atty Stonewalled Deal In Sex Harassment Suit, Worker Says

    An attorney representing three Georgia restaurants should receive professionalism and ethics training, a worker told a federal judge, claiming the counsel stonewalled the settlement reached in her lawsuit alleging she was sexually harassed repeatedly during the course of her employment.

  • January 21, 2022

    Ex-UConn Coach Wins $11M In Wrongful Firing Arbitration

    The University of Connecticut owes a former men's basketball coach more than $11 million after an arbitrator found the school violated a collective bargaining agreement by firing him.

  • January 21, 2022

    Illinois Justices Revive Bulley & Andrews Workers' Comp Suit

    The Illinois Supreme Court on Friday allowed a concrete worker to sue Bulley & Andrews LLC for back injuries he sustained working for one of its subsidiaries, finding that only his direct employer is protected by the state's workers' compensation law.

  • January 21, 2022

    Trucking Co. Hit With NJ Bias Suit Over Medical Pot

    A trucking company has been hit with a discrimination suit in New Jersey state court by a would-be driver who claims the company did not hire him because of his status as a medical marijuana patient.

  • January 21, 2022

    Wis. Food Distributor Says Teamsters' Strike Broke Contract

    A food distributor has accused a Teamsters local in federal court of breaking a no-strike agreement when its leaders failed to dissuade workers from picketing at the distributor's Wisconsin location in sympathy with a strike by a Teamsters local in Indiana.

  • January 21, 2022

    Drivers Say Courier Co. Withholds OT, Steals Tips

    Courier service Same Day Delivery Inc. does not pay its drivers for overtime and unlawfully takes a cut of their tips while committing multiple additional violations of state and federal wage law, according to a proposed class action by five of the firm's workers.

  • January 21, 2022

    Virtual Events Co. Sues To Block Ex-Exec From Zoom Role

    Global virtual events and cloud communications venture Intrado Digital Media LLC has sued a former sales executive who jumped to Zoom Video Communications, seeking an injunction in Delaware Chancery Court barring the ex-employee from giving away trade secrets and proprietary market information.

  • January 21, 2022

    NJ Judge Seems At Risk Of Facing Psych Exam In Bias Suit

    A New Jersey federal judge seemed inclined Friday to direct a state judge to undergo a psychiatric examination by a defense expert as she pursues a lawsuit alleging state judiciary officials created a toxic workplace environment that left her emotionally distressed, citing how her own psychiatrist diagnosed her with certain mental conditions.

  • January 21, 2022

    Employment Group Of The Year: Jones Day

    Jones Day achieved successes for management clients last year in employment matters, such as securing victories for railroads seeking to change crew sizes and defending against biometric privacy claims, earning the firm a spot among Law360's 2021 Employment Practice Groups of the Year.

  • January 21, 2022

    DOJ Antitrust Division Names Permanent Deputy

    The U.S. Department of Justice has named Doha Mekki as its permanent deputy assistant attorney general for its Antitrust Division, after she first took on the role on an acting basis in November.

  • January 21, 2022

    Ex-Cuomo Ethics Lawyer Sets Up Shop At Wigdor

    A top ethics attorney for former New York Gov. Andrew Cuomo with a deep background representing survivors of sexual violence has joined Wigdor LLP, a New York employment law firm known for representing workers in high-profile bias and sexual harassment cases, the firm said Friday.

  • January 20, 2022

    Ex-Portnoy Schneck Atty Launches Age, Disability Bias Suit

    A 63-year-old former attorney for Portnoy Schneck LLC has hit the creditors' rights firm with a lawsuit alleging she was wrongfully terminated after she complained about the firm's documentation practices, was diagnosed with three autoimmune diseases and took a month of family leave.

  • January 20, 2022

    Seyfarth Adds 4 Partners In LA, Seattle, Hong Kong

    Seyfarth Shaw LLP added four partners to offices along the West Coast and in Hong Kong, the firm announced, including a management-side employment partner from Foley & Lardner LLP with experience representing employers in discrimination, wrongful termination and unfair labor practice cases.

  • January 20, 2022

    NCAA Members Vote To Adopt New Streamlined Constitution

    National Collegiate Athletic Association schools and conferences voted to adopt a new constitution, following a months-long process to revamp the role of the college sports governing body following its major loss at the U.S. Supreme Court last year.

  • January 20, 2022

    McDonald's Workers Get Preliminary OK Of $2M Pay Stub Deal

    A California federal judge Thursday preliminarily approved a $2 million settlement and conditionally certified a class of 5,500 workers in a suit accusing McDonald's Restaurants of California Inc. of issuing inaccurate wage statements.

  • January 20, 2022

    Ill. Judge Tosses Ex-Cannabis Co. Exec's Fraud Claim

    A Cook County judge Thursday trimmed a fraud claim from a lawsuit brought by a former executive for a cannabis company acquired by multistate giant Curaleaf, saying she hadn't adequately established that promises the company's CEO made to her were false at the time or that he owed a duty to share certain information with her.

  • January 20, 2022

    Foreign Workers Hit Imperial Pacific Casino With Bias Suit

    A proposed class of Turkish employees admitted to the United States under the H-2B temporary foreign worker visa program has accused a Hong Kong-headquartered company of underpaying them as they built a casino-hotel resort in the Commonwealth of the Northern Mariana Islands.

  • January 20, 2022

    MedMen Seeks To Recoup Ex-CFO's Legal Fees After Trial Win

    Cannabis retailer MedMen has asked a Los Angeles court to find that its former chief financial officer must repay more than $612,000 in legal fees it was ordered to advance him, saying the company's win at trial in the wrongful termination case nullifies its obligation to cover his legal costs.

  • January 20, 2022

    Petco Says Incoming Decisions Merit Pausing Biometric Suit

    Petco urged an Illinois state court on Thursday to pause a former employee's biometric privacy suit targeting its time-tracking protocols, arguing that at least two impending Illinois Supreme Court decisions could block all his claims.

  • January 20, 2022

    Illinois Judge Signals OK For $1M Deal In Hyatt Privacy Case

    A Cook County judge on Thursday signaled that she would grant a final signoff to a roughly $1 million deal resolving class claims that Hyatt Corp. violated Illinois' biometric privacy law by requiring employees to use a fingerprint-based timekeeping system without first getting their written permission and making mandated disclosures.

Expert Analysis

  • What To Expect From Merger Guideline Modernization

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    The U.S. Department of Justice's and Federal Trade Commission's recent request for comment on amending the merger review guidelines provides perhaps the clearest indication yet of where guideline revisions might focus, including on structural presumptions, the role of market definition and the effect of transactions on labor, say attorneys at MoFo.

  • The Rising Demand For Commercial Litigators In 2022

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    Amid broken supply chains, pandemic-induced bankruptcies and a rise in regulation by litigation, strong commercial litigators — strategists who are adept in trying a range of tortious and contractual disputes — are becoming a must-have for many law firms, making this year an opportune moment to make the career switch, say Michael Ascher and Kimberly Donlon at Major Lindsey.

  • New Whistleblower Rights Heighten Risk For NY Employers

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    Amendments to New York's anti-retaliation law that go into effect next week will drastically expand whistleblower protections, leaving employers to mitigate the increased risk of claim exposure while also considering how COVID-19 mandates might complicate compliance, say attorneys at Holland & Knight.

  • How In-House Counsel Can Make The Case For Settling Early

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    Following the recent settlement in McDonald's v. Easterbrook, in-house counsel should consider decision-tree analyses and values-driven communications plans to secure effective, early resolutions in litigation, saving time and money and moving the company mission forward, say Ronald Levine at Herrick Feinstein and Richard Torrenzano at The Torrenzano Group.

  • To Retain Talent, GCs Should Prioritize Mission Statements

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    With greater legal demands and an increasing number of workers resigning during the pandemic, general counsel should take steps to articulate their teams' values in departmental mission statements, which will help them better prioritize corporate values and attract and retain talent, says Catherine Kemnitz at Axiom.

  • Opinion

    US Should Broaden Visa Interview Waivers Amid Pandemic

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    To help ease processing delays, the U.S Department of State and Biden administration should encourage consular posts to implement recently expanded in-person interview waivers for nonimmigrant visa applicants, and extend the policy to include certain immigrant visa applications, says Dominique Pando Bucci​ at Kurzban Kurzban.

  • Top 10 Whistleblowing And Retaliation Events Of 2021

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    Last year's most important whistleblower developments will likely reverberate into 2022 and beyond, with key court rulings and legislative advancements poised to expand protections, and a record-breaking amount of awards issued by the U.S. Securities and Exchange Commission likely to incentivize more information sharing, say Steven Pearlman and Pinchos Goldberg at Proskauer.

  • Bid Protest Spotlight: Nonpublic Info, Brand Names, Prejudice

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    In this month's bid protest roundup, Roke Iko at MoFo discusses three decisions from the U.S. Government Accountability Office and the Federal Circuit, which shed light on the risks of involving former government employees with nonpublic information in the proposal process, requirements for brand-name justification, and when a presumption of prejudice exists.

  • Mitigating Risks In Virtual Work Immigration Programs

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    As the pandemic accelerates a global shift in immigration policy objectives from boosting tourism toward long-term economic growth, to the benefit of remote workers, employers must implement solid risk mitigation tactics that track evolving requirements that already varied from country to country, says Nofisatu Mojidi at Fragomen.

  • Jones Act Compliance Strategies For Offshore Wind Projects

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    Offshore wind developers can use a number of strategies to get projects done while meeting the challenges of complying with Jones Act requirements for the use of vessels built, owned and operated by U.S. persons, say Jonathan Wilconis and Carl Valenstein at Morgan Lewis.

  • A Tale Of Two Cases: Lessons In No-Poach Litigation

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    Attorneys at Hunton compare two recent no-poach cases, Aya Healthcare v. AMN Healthcare and Pittsburgh Logistics Systems v. Beemac Trucking, which dealt with seemingly similar provisions but reached different results, offering guidance to avoid or combat these crucial antitrust issues.

  • Top 5 Drug And Medical Device Legal Issues Of 2021

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    Two years into the pandemic, COVID-19 continues to drive significant legal developments for drug and device companies, but opioid, personal jurisdiction and litigation funding trends are noteworthy as well, say attorneys at Faegre Drinker.

  • Navy Vaccine Religious Exemption Ruling Warrants Scrutiny

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    A Texas federal court’s recent order, relying on the Religious Freedom Restoration Act to enjoin the Navy from disciplining service members who refused the COVID-19 vaccination on religious grounds, ignores U.S. Supreme Court precedent and raises serious questions about the scope of the First Amendment's free exercise clause, says George Chuzi at Kalijarvi Chuzi.

  • Workers' Comp Considerations As Ga. Cannabis Laws Evolve

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    With medical marijuana legislation in Georgia expected to implicate workers’ compensation claims, to address potential issues related to cannabis prescribed for work-related injuries, employers should implement zero-tolerance drug policies and strong screening methods, and keep apprised of the ever-changing policy and litigation landscapes, says Joanna Hair at Swift Currie.

  • How To Navigate The Coming Antitrust Policy Tests

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    Attorneys at Proskauer explain how to steer the course in antitrust law this year as 2021's policy changes are tested in court challenges, and play out not only in Congress, but also in the political mainstream.

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