Employment

  • November 25, 2020

    Despite Union Bust, Immigration Court Revamp Likely Far Off

    A recent agency ruling dismantling the immigration judges' union has left judges more vulnerable to political influences, but with numerous competing priorities in Washington, proponents still face slim odds in the fight to establish an independent immigration court system.

  • November 25, 2020

    Texas A&M Sued After Supervisor's Restroom Spying Arrest

    A Texas A&M employee has sued the university and her former supervisor, who was arrested on suspicion of secretly recording women using the restroom, claiming her employer did not stop him from sexually harassing her or properly investigate the incident.

  • November 25, 2020

    What To Watch As High Court Takes On Computer Crime Law

    A computer crime law whose scope has been hotly debated since it was passed in 1984 will be in the limelight Monday when the U.S. Supreme Court considers whether a Georgia police officer violated federal law by abusing his access to an online government database. Here's a breakdown of three key questions that may arise and could decide where the court ultimately comes down.

  • November 25, 2020

    Ex-Secretary Says Texas Firm Axed Her For Reporting Abuse

    A former secretary at Hartline Barger LLP has sued the firm in Texas federal court, alleging she was wrongfully terminated and suffered abusive behavior after requesting an earlier work schedule to receive treatment for breast cancer.

  • November 25, 2020

    Calif. Walgreens Workers Bag $4.5M Wage Deal

    Walgreens and a class of workers have received a California federal judge's approval for their $4.5 million settlement to resolve claims that the pharmacy chain broke Golden State labor law by not paying all wages to employees at its distribution centers.

  • November 25, 2020

    NLRB Clears Game Tech Co. In Dispute Over Separation Pacts

    The National Labor Relations Board has reversed an administrative law judge's finding that a gaming technology company's separation agreements ran afoul of federal labor law, with one member dissenting and saying that the board's decision "only makes bad law worse."

  • November 25, 2020

    NLRB Official OKs Mail-In Vote For Security Co. Dog Handlers

    Dog handlers for a security company will vote by mail on whether to continue being represented by a union, a National Labor Relations Board regional director has said, finding their employer's pitch for a hybrid mail and in-person election is impractical for scattered employees facing COVID-19 travel restrictions.  

  • November 25, 2020

    MoFo Pans 'Self-Righteous Say-So' In Maternity Bias Case

    Morrison & Foerster LLP has fired off a final effort to shut down allegations that the firm discriminates against mothers before the claims wind up before a jury, insisting that the two accusers remaining in the litigation ignore the facts and rely on "self-righteous say-so."

  • November 25, 2020

    Texas PI Firm Settles Client Poaching Suit With Fired Atty

    A Texas personal injury firm has resolved a dispute with a former attorney it accused of poaching 50 mass tort litigation clients after she was fired for what the firm says was bad performance, just weeks after the fight hit the courts.

  • November 25, 2020

    Chicago Union Reaches $3M Deal In Race Bias Suit

    A pipefitters' union struck a $3 million deal to end a long-running class action brought in Chicago federal court by Black workers who were allegedly boxed out of quality job opportunities.

  • November 25, 2020

    Biden Leaning On Labor In White House Transition

    Union leaders have had President-elect Joe Biden's ear early in his transition to the White House, signaling that the self-professed "union man" aims to live up to that title by pushing a pro-labor agenda that makes workers' needs a key plank of his coronavirus plan and other reforms, labor officials and advocates say.

  • November 25, 2020

    Do's & Don'ts For Policing Workers' Off-Duty Social Media Use

    With fierce debates and controversial content dominating social media feeds this chaotic year, employees' online activity can cause problems for businesses, even if workers are posting while off the clock. Here are four tips employers should keep in mind when an employee's social media posts cause unrest in the workplace.

  • November 24, 2020

    Calif. Inmates Have Claimed $1B In Jobless Benefits, DAs Say

    Tens of thousands of inmates in California's jails and prisons have fraudulently claimed more than $1 billion in unemployment claims during the COVID-19 pandemic, a massive scheme that a coalition of district attorneys on Tuesday said may be the biggest fraud of taxpayer dollars in Golden State history.

  • November 24, 2020

    Beth Wilkinson Hit With Lawsuit Amid NFL Harassment Probe

    A dustup involving litigator Beth Wilkinson and her probe of alleged sexual harassment in the Washington Football Team's front office spilled into federal court this month, as a lawsuit aimed to block information tied to a confidentiality agreement from being disclosed.

  • November 24, 2020

    Federalist Publisher's 'Salt Mine' Tweet Is Unlawful: NLRB

    A tweet from The Federalist's publisher saying he would send employees "back to the salt mine" if they tried to unionize was an "obvious threat" that violated federal labor law, the National Labor Relations Board ruled Tuesday, ordering him to delete the tweet.

  • November 24, 2020

    NY Justices Say Insurer Can Escape Some Injury Award Costs

    New York's highest court on Tuesday upheld a lower court's ruling that an AIG unit is liable for $1.3 million in excess damages plus certain interest on a construction worker's $2.7 million personal injury win, saying the excess insurer is not liable for interest that would have been paid by the primary insurer under a now-voided policy.

  • November 24, 2020

    SAIC Beats Fired Male Worker's Sexual Harassment Suit

    A Virginia federal judge shut down a sex discrimination lawsuit brought by a fired Science Applications International Corp. communications adviser who alleged a female supervisor sexually harassed him, noting Tuesday that "general unfairness" isn't against the law.

  • November 24, 2020

    Ex-Fox Rothschild Atty Blasts Redo Bid In Bias, Assault Suit

    A former Fox Rothschild LLP attorney has joined the firm in denouncing what he called a former legal assistant's "outlandish" bid to revive parts of her sexual assault and discrimination suit against him and the firm, arguing that the assistant rehashed arguments that the New Jersey federal court already rejected in October.

  • November 24, 2020

    4th Circ. Says OT Exemption Wrongly Used In Tip-Pooling Suit

    Tipped workers at a North Carolina sushi restaurant won a partial revival Tuesday of a Fair Labor Standards Act suit, with the Fourth Circuit ruling that a lower court had erred in applying a commission-based exemption to the federal law's overtime requirements.

  • November 24, 2020

    NY Appeals Court Skeptical In Lyft Minimum Wage Fight

    Lyft faced tough questioning from a New York state appeals panel on Tuesday in its bid to set aside a New York City regulation that created a minimum wage for app-based drivers, with one justice suggesting the city and Lyft merely had different goals for the regulation.

  • November 24, 2020

    Consulting Co. Can't Sue Contractor For Switching Firms

    A Texas appellate court on Tuesday declined to revive an oil and gas consulting company's breach of contract lawsuit against a former independent contractor, finding the consulting company's noncompete clause was unenforceable.

  • November 24, 2020

    LGBT Rights, Virus Advice Top Priorities For EEOC's Samuels

    The U.S. Equal Employment Opportunity Commission's Jocelyn Samuels told Law360 in an exclusive interview that getting employers up to speed on the U.S. Supreme Court's blockbuster Bostock ruling, issuing fresh COVID-19 guidance and tackling the wage gap are among her top priorities for the coming year.

  • November 24, 2020

    Mass. Panel Won't Revive Care Attendant's Wage Suit

    A Massachusetts personal care attendant's wage and hour lawsuit against a state agency and two disability assistance organizations can't proceed because she is employed by her patient, not those entities, the Massachusetts Appeals Court ruled Tuesday.

  • November 24, 2020

    DoorDash Delivers $2.5M Settlement In DC AG's Tips Suit

    DoorDash and the Washington, D.C., Attorney General's Office told a D.C. judge Tuesday they agreed to a $2.5 million settlement of a lawsuit alleging the food delivery company misrepresented how tips paid by customers would be distributed to couriers.

  • November 24, 2020

    Kroger Says Apron Symbol For Workers Isn't LGBTQ-Related

    Kroger Co. is urging a federal judge to toss a U.S. Equal Employment Opportunity Commission suit brought on behalf of two Christian workers who alleged the grocery chain put a symbol on their aprons in support of the LGBTQ community, saying the logo has nothing to do with sexual orientation.  

Expert Analysis

  • NY Contract Litigation Indicates Limits Of COVID-19 Defenses

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    Although there has not yet been a decision on the merits, a wave of COVID-19 litigation concerning force majeure, impossibility and frustration of purpose in New York indicates that using pandemic-related excuses to avoid contractual obligations may be limited, says Seth Kruglak at Norton Rose.

  • Ethics Reminders As Employees Move To Or From Gov't

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    Many organizations are making plans for executives to go into government jobs, or for government officials to join a private sector team, but they must understand the many ethics rules that can put a damper on just how valuable the former employee or new hire can be, say Scott Thomas and Jennifer Carrier at Blank Rome.

  • 4th Circ. Ruling Shows Limits To ADA Accommodation Claims

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    The Fourth Circuit’s recent denial of an Americans with Disabilities Act claim in Elledge v. Lowe's instructs employers on how to analyze accommodation requests and illustrates when disabled employees may not be entitled to special priority for reassignment, says Phillip Kilgore at Ogletree.

  • A Key To Helping Clients Make Better Decisions During Crisis

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    As the pandemic brings a variety of legal stresses for businesses, lawyers must understand the emotional dynamic of a crisis and the particular energy it produces to effectively fulfill their role as advisers, say Meredith Parfet and Aaron Solomon at Ravenyard Group.

  • Expect Major Changes In Aerospace And Defense Under Biden

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    President-elect Joe Biden is expected to significantly shift aerospace and defense industry priorities, revoke certain Trump administration government contractor policies, strengthen "Buy American" requirements, and increase use of defense and NASA budgetary authority to combat climate change, say attorneys at Hogan Lovells.

  • A Wage And Hour Compliance Reminder For Nonprofit Boards

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    As many nonprofits face budget shortfalls due to the pandemic, the one-year anniversary of the Massachusetts Supreme Judicial Court’s decision in Lynch v. Crawford reminds board-level volunteers that they could be found personally liable for wage violations, despite qualified immunity provided by federal and state law, say attorneys at Casner & Edwards.

  • Ethics Considerations For Law Firms Implementing AI

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    Richard Finkelman and Yihua Astle at Berkeley Research Group discuss the ethical and bias concerns law firms must address when implementing artificial intelligence-powered applications for recruiting, conflict identification and client counseling.

  • Gov't Contractors Can Promote Diversity Despite Trump Order

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    While federal contractors are required to comply with the Trump administration’s recent ban on certain racial sensitivity trainings, it’s likely that President-elect Joe Biden will overturn the restrictions after taking office, and there are many ways to advance diversity and inclusion agendas in the meantime, says Allison Powers at Barack Ferrazzano.

  • Tech Cos. Could Face Stiffer SEC Enforcement Under Biden

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    Ahead of President-elect Joe Biden's appointment of a new U.S. Securities and Exchange Commission chair, Silicon Valley should expect greater scrutiny of whistleblowers, earnings management, risk disclosures and insider trading — all potentially influenced by the federal courts in serving as a check on the agency's enforcement, say attorneys at MoFo.

  • Picking The Right Location And Tools For Virtual Courtrooms

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    Attorneys should consider the pros and cons of participating in virtual court proceedings from home versus their law firm offices, and whether they have the right audio, video and team communication tools for their particular setup, say attorneys at Arnold & Porter.

  • CDC 'Close Contact' Definition Creates Employer Challenges

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    Because brief workplace interactions can meet the Centers for Disease Control and Prevention's new definition of "close contact" for COVID-19 exposure, employers should implement countermeasures such as reconfiguring facility layouts and limiting on-site staff to enhance safety and reduce the risk of liability, says Bonnie Mayfield at Dykema.

  • Beware Atty Ethics Rules When Reporting COVID-19 Fraud

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    Attorneys considering blowing the whistle on False Claims Act violations by recipients of COVID-19 relief may face a number of ethical constraints on their ability to disclose client information and file qui tam actions, say Breon Peace and Jennifer Kennedy Park at Cleary.

  • An Employer's Guide To OSHA Whistleblower Claims: Part 2

    Excerpt from Practical Guidance
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    Kenneth Kleinman and Brad Kushner at Stevens & Lee share how employers can use effective position statements, dismissals and other defenses to fight whistleblower complaints filed under the Occupational Safety and Health Administration's anti-retaliation regulations, both at the investigative stage and in a subsequent federal court action.

  • 10th Circ. ADA Ruling May Affect Employer Accommodations

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    While it doesn't alter employers' Americans With Disabilities Act obligations, the Tenth Circuit's recent decision in Exby-Stolley v. Board of County Commissioners raises concerns about denying specific requests for reasonable accommodation, say Janet Savage and Penelope Scudder at Davis Graham.

  • Looking For Judicial Activists? Check The Footnotes

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    U.S. Supreme Court nominees typically face intense questioning over potential judicial activism, but a better way to gauge judges' activist tendencies may be to look at the footnotes in their opinions, say Christopher Collier at Hawkins Parnell and Michael Arndt at Rohan Law.

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