Employment

  • February 21, 2020

    Domino's Tells 6th Circ. No-Poach Claims Must Be Arbitrated

    Domino's Pizza has told the Sixth Circuit that a lower court was right to force a suit over no-poach provisions in its past franchise agreements into arbitration, saying the former driver's appeal has no support from the facts or the law.

  • February 21, 2020

    Bloomberg Frees 3 Workers From Confidentiality Pacts

    Democratic presidential hopeful Michael Bloomberg said Friday that his eponymous company will stop using nondisclosure agreements in settlements resolving sexual misconduct claims and that three women who accused him of making inappropriate remarks will be allowed to speak publicly if they wish.

  • February 21, 2020

    Conde Nast Drops NDAs Covering Harassment, Discrimination

    Conde Nast is abandoning nondisclosure agreements that muzzle workers from speaking out about discrimination, harassment or retaliation, saying Friday it will not enter into such agreements going forward.

  • February 21, 2020

    US Women's Soccer Team Seeks $66.7M In Gender Pay Suit

    Players on the U.S. Women's National Team have urged a California federal judge to grant them a win in their gender discrimination lawsuit against the U.S. Soccer Federation, disclosing they are seeking over $66.7 million in damages and arguing now-public collective bargaining agreements prove a disparity in pay.

  • February 21, 2020

    Cannabis Bill Roundup: Kentucky House OKs Medical Pot

    Hundreds of cannabis reform bills are making their way through Congress and statehouses across the country. Here, Law360 takes stock of some recent major legislative developments and looks ahead to the bills that are expected to get a hearing in the next few days.

  • February 21, 2020

    Tesoro Refining Can't Beat Calif. Wage Class Action

    A California federal judge denied Tesoro Refining & Marketing Co. LLC’s bid Friday to escape a proposed class action alleging it underpaid workers, rejecting arguments the suit is preempted because it hinges on union contracts.

  • February 21, 2020

    Kroger Seeks 'Severe' Sanctions For Absent Atty In ADA Case

    Pharmaceutical retailer Kroger asked a Florida federal court Friday to impose harsh sanctions against a Florida attorney and his firm for allegedly ducking scheduled meetings and consistently missing court deadlines amid an Americans with Disabilities Act case.

  • February 21, 2020

    DOL Judge Kills Ex-Morgan Stanley Atty Whistleblower Case

    A U.S. Department of Labor judge has thrown out a former Morgan Stanley attorney’s claims that he was pushed out of his job after he brought up ethical concerns, finding he isn’t protected by the retaliation provision of a U.S. anti-fraud law because he worked in Hong Kong.

  • February 21, 2020

    Whataburger Fights EEOC Sanctions Bid In Hiring Policy Suit

    Whataburger Restaurants LLC hit back Friday at a sanctions request by the U.S. Equal Employment Opportunity Commission in a suit accusing the fast-food chain of retaliating against an employee who refused to comply with a directive to hire white job applicants, denying that it withheld relevant discovery documents.

  • February 21, 2020

    Motorola Rival Could See Global Ban After $764M Radio Trial

    An Illinois federal judge intends to rule next week on whether to temporarily block Hytera Corp. from selling certain digital mobile radios globally after a $764 million verdict from a jury that found it stole Motorola Solutions LLC's trade secrets and infringed its copyrights.

  • February 21, 2020

    White House Says DOD Can Skip Union Bargaining

    The U.S. Department of Defense can eschew bargaining with its unionized workers when doing so would bog it down, the White House said in a newly released memo that escalates the administration’s ongoing battle with public-sector unions.

  • February 21, 2020

    CBS Investors In #MeToo Suit Must Show Moonves Hurt Stock

    A Manhattan federal judge on Friday said a potential class of investors targeting CBS Corp. in relation to the #MeToo movement must prove former CEO Les Moonves made reassuring statements before revelations about his own alleged sexual misconduct tanked CBS shares.

  • February 21, 2020

    NJ Real Estate Group Can't Intervene In Weichert Wage Suit

    A New Jersey real estate trade group can’t become a party in a wage lawsuit against Weichert Realtors because it hasn't shown the case's outcome will impact the industry as a whole, a state appeals court ruled Friday.

  • February 21, 2020

    Assisted Living Cos. Ink $2M Deal To End Disability Bias Suit

    A Washington-based assisted living company and its affiliates have agreed to pay $2 million to end a suit from the U.S. Equal Employment Opportunity Commission claiming it violated federal disability bias law by refusing to let employees work unless they were "100% healed" and firing workers rather than offering them time off to recover.

  • February 21, 2020

    Calif. Private AG Law: Coming To A State Near You?

    New York, Massachusetts and a handful of other states may soon follow California’s lead and empower workers to bring wage, discrimination and other employment lawsuits on the state’s behalf, blunting the arbitration agreements many businesses have adopted to ward off costly class actions.

  • February 20, 2020

    Secrets Theft Dulled Competitive Edge, Energy Trader Testifies

    Saracen LLC suffered unknowable financial damage and lost a major advantage after a former software developer allegedly sold a rip-off of its proprietary data analysis program to competitors, a supervisor at the company told a Houston federal jury Thursday in a $2.6 million trade secrets trial.

  • February 20, 2020

    'Bare' Biometric Privacy Suit Sent Back To Ill. State Court

    An Illinois federal judge on Thursday found a "bare procedural violation" isn't enough to keep an Illinois Biometric Privacy Act lawsuit in federal court, joining several other district judges who say plaintiffs don't have federal standing without an allegation that private data could be disseminated.

  • February 20, 2020

    NLRB Judge Says Burger Flipper Not Fired Due To Trans Bias

    A National Labor Relations Board judge has rejected allegations that an Oregon burger restaurant fired a worker because of protected group activity including complaints about alleged transgender bias, saying the evidence shows the worker was terminated for poor job performance and sanitary habits.

  • February 20, 2020

    3rd Circ. Affirms Marketer In Wage Suit Counts As Employee

    A split Third Circuit on Thursday affirmed that a fired Pennsylvania marketing worker hired as an independent contractor to promote a trio of roofing companies was actually an employee under state law and is entitled to damages on his wage claims.

  • February 20, 2020

    Atty Accused Of Shaking Butt At Adversary Replaced

    Chevron Phillips Chemical Co. asked a Texas federal court on Thursday to put allegations of inappropriate butt-shaking by a BakerHostetler partner during a mediation in the "rearview mirror," saying it replaced its legal team to avoid bogging down the employment discrimination case.

  • February 20, 2020

    NLRB To Review Nixed Union Election Over Pro-Union Button

    The National Labor Relations Board on Thursday gave workers at a Las Vegas-area casino another shot at organizing after a regional director shut down their election win over suspicion that board officials told a worker to remove a pro-union button, saying the alleged misconduct deserves a closer look.

  • February 20, 2020

    USPTO Dodges Ex-Examiner's Age, Race Bias Suit

    The U.S. Patent and Trademark Office won't have to face trial on an African American former patent examiner's claims that he was fired because of his age and race, a Virginia federal judge has held, finding that there wasn't enough evidence to show bias played a role in the agency's decision to oust him.

  • February 20, 2020

    70 Ex-Reinhardt Clerks Urge Courts To Confront Harassment

    More than 70 former clerks for the late Ninth Circuit Judge Stephen Reinhardt on Thursday commended a fellow clerk for telling members of Congress about sexual harassment by the judge, urging changes to workplace training and reporting in the federal judiciary.

  • February 20, 2020

    9th Circ. Rejects Rehearing Of Walmart Truckers' $55M Award

    The Ninth Circuit declined on Thursday to rehear arguments over its affirmation of a $54.6 million jury award to Walmart truckers who accused the retail giant of paying below minimum wage for rest breaks, with the panel voting in a 2-1 split.

  • February 20, 2020

    REI Workers Seek Green Light For $5M Security Check Deal

    REI has agreed to shell out $5 million to put to rest claims the outdoor clothing and gear retailer forced its California employees to undergo unpaid security checks before their breaks and after the end of their shifts, according to a motion for preliminary approval of the deal filed Thursday.

Expert Analysis

  • Timely Qualified Plan Adoption Still Tricky After SECURE Act

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    The recently enacted Setting Every Community Up for Retirement Enhancement Act includes a helpful extension of the annual deadline to adopt a new qualified plan, but there is still complexity in documenting for the IRS when the plan was put in place, says Daniel Morgan at Blank Rome.

  • Del. Uber Ruling Reinforces High Bar To Prove Director Bias

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    The Delaware Supreme Court's recent dismissal of a stockholder action alleging conflicts among Uber's board demonstrates how unlikely it is that independent directors would be held personally liable for fiduciary breaches, say attorneys at Fried Frank.

  • 5 Complications That Can Derail A Class Action Settlement

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    As courts increase scrutiny of class action settlement agreements, approval hinges on avoiding common mistakes, such as inadequate forms of notice, lack of Article III standing and irrelevant cy pres recipients, say attorneys at Troutman Sanders.

  • Union Recognition Lessons From CNN's Record NLRB Deal

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    The National Labor Relations Board’s record $76 million settlement with CNN reminds employers to carefully navigate union relationships after a significant business change because workers often retain bargaining and representation rights, say David Pryzbylski and Thomas Payne at Barnes & Thornburg.

  • Rebuttal

    AI Can't Accurately Predict Case Length And Cost — Yet

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    A recent Law360 guest article argued that artificial intelligence can precisely estimate the length and cost of a new case, but several limitations will likely delay truly accurate predictions for years to come, says Andrew Russell at Shaw Keller.

  • EEOC Policy Change Clashes With Challenges To Arbitration

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    Although the U.S. Equal Employment Opportunity Commission’s recent retraction of a policy that opposed mandatory arbitration agreements for worker discrimination claims aligns with U.S. Supreme Court precedent, it doesn’t address resistance to arbitration in new state laws or in the wake of #MeToo, says Mauro Ramirez at Fisher Phillips.

  • Key Trade Secrets Developments Of 2019: Part 2

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    Last year brought significant news in U.S. trade secret law, including the U.S. Department of Justice’s continued enforcement of its China initiative and further development of the inevitable disclosure doctrine under the Defend Trade Secrets Act, say attorneys at Faegre Drinker.

  • Justices Poised To Reshape Employer Religious Bias Issues

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    Two cases before the U.S. Supreme Court this term have the potential to transform a doctrine that exempts religious organizations from employment discrimination claims by their ministers, and a case that may be accepted for review could change Title VII’s undue hardship standard for religious accommodations, says Sarah Schanz at McDermott.

  • Avenues Of Relief For Cybersecurity Whistleblowers Increase

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    Successful securities and False Claims Act lawsuits and a spate of state legislation over the past year have legitimized cybersecurity deficiencies as a basis for federal and state liability and strengthened protections for whistleblowers, says Matthew LaGarde of Katz Marshall.

  • 3 Rulings Show When Litigating Wage Claims Is Worth It

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    Recent decisions from New York federal courts demonstrate when wage and hour defendants may benefit from litigation, rather than an early settlement offer designed to avoid fee-shifting provisions that favor prevailing plaintiffs, says Valerie Ferrier at Martin Clearwater.

  • Lawyers Can Build Trust Through The Spoken Word

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    As attorneys, we may prefer the precision of written communication, but a phone call or an in-person conversation builds trust by letting others see and hear our authentic selves, rather than something constructed or scripted, says mediator Sidney Kanazawa of ARC.

  • Calif.'s Top Anti-SLAPP Appellate Rulings From Last Year

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    California’s anti-SLAPP statute remains one of the strongest laws protecting free speech in the nation — and last year, it was the focus of 42 published opinions and nearly 200 unpublished opinions from the state's appellate courts, says Thomas Burke of Davis Wright.

  • Foreign Cos. Beware: Motorola Case Expands DTSA's Reach

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    An Illinois federal court recently opened a pathway for domestic trade secret owners to seek civil relief for acts of misappropriation occurring abroad, potentially increasing foreign companies' litigation exposure, says Anand Patel of Paul Hastings.

  • Opinion

    Legal Prediction Is Demanding But Not Impossible

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    The New Jersey Supreme Court’s recent decision in Balducci v. Cige incorrectly concluded that predicting the length and cost of a case is nearly impossible, and overlooked artificial intelligence's ability to do so, says Joseph Avery with Claudius Legal Intelligence.

  • Back Pay Ruling Shows Nuanced Test For Extended Liability

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    An Ohio federal court’s recent decision in Santiago v. Meyer Tool demonstrates that the standard for determining extended back pay liability in wrongful termination cases may depend on why the employee left his subsequent job, and highlights a circuit split on the issue, say Lynn Kappelman and John Ayers-Mann at Seyfarth.

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