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Employment

  • January 15, 2019

    Transpo Worker Ruling A Rare Blow To Arbitration Pacts

    The U.S. Supreme Court’s Tuesday ruling that transportation workers, regardless of whether they’re employees or independent contractors, are exempt from the Federal Arbitration Act chipped at the shield some employers have long relied on to insulate themselves from legal attacks, experts say.

  • January 15, 2019

    FYE Managers Get Tentative OK In Misclassification Suit

    Store managers at Trans World Entertainment Corp.’s media retailer FYE who contend they were misclassified as exempt from time-and-a-half overtime requirements had their lawsuit conditionally certified as a collective action by an Albany federal judge on Tuesday.

  • January 15, 2019

    NY Lawmakers Pass Bill Banning Transgender Discrimination

    New York state lawmakers on Tuesday passed a bill to outlaw gender identity-based discrimination, bringing an end to a 16-year push to get the legislation on the governor’s desk.

  • January 15, 2019

    Drivers At Fault For Their Own Stalled Arbitrations, Uber Says

    Uber told a California federal judge on Monday that drivers requesting an order to force the ride-hailing company to cover the costs of their individual arbitrations over a classification dispute are impeding their own progress by seeking the order in federal court and refusing to pay their filing fees.

  • January 15, 2019

    Subcontractor Deals Outside Union's Purview: NLRB Memo

    The National Labor Relations Board general counsel’s office unveiled a trio of advice memorandums on Monday, finding in one that an energy company could start enforcing a nonsolicitation clause that prevented subcontractors from hiring its workers for six months without first bargaining with the union that represented them.

  • January 15, 2019

    Walgreen, Equity Co. Can't Dodge Doctor's Work Bias Suit

    Walgreen Co. and a Chicago private equity investment company must face a woman’s lawsuit claiming they wrongfully fired her from a business she helped create and they now own because they held substantial control over her working conditions, an Illinois federal judge held Tuesday.

  • January 15, 2019

    Barnes & Thornburg Adds 3 Partners To Dallas Office

    Barnes & Thornburg LLP has announced the addition of three new partners to its Dallas office, allowing the firm to continue strengthening its corporate litigation, intellectual property, and labor and employment practices.

  • January 15, 2019

    Dems' $15 Minimum Wage Push Tees Up Pitched Battle

    Congressional Democrats are planning to introduce legislation Wednesday that would lift the federal minimum wage to $15 by 2024, setting the stage for what could be a protracted battle over where the national wage floor should be. Could the ensuing debate on Capitol Hill lead to the first federal minimum wage increase in a decade?

  • January 15, 2019

    US Trustee Rips Bankrupt Makeup Co.'s $1.4M Exec Bonus Bid

    The U.S. Trustee’s Office on Tuesday asked a New York bankruptcy court to deny cosmetics maker Glansaol Holdings Inc.’s request to pay up to $1.4 million in executive bonuses, saying there was no proof the goals are a stretch or that bonuses won’t be going to insiders.

  • January 15, 2019

    Female Drivers' Class Decertified In Sex Harassment Fight

    An Iowa federal judge on Tuesday decertified a class of female CRST Expedited Inc. drivers who have alleged the trucking company maintained practices that resulted in them enduring a hostile work environment based on their sex, while also agreeing to toss a retaliation claim.

  • January 15, 2019

    Barr Walks Back Anti-False Claims Act Whistleblower Views

    U.S. attorney general nominee William Barr on Tuesday walked back previous comments about the False Claims Act's whistleblower provisions' being an "abomination" and unconstitutional, saying he would "diligently enforce" the law if confirmed to lead the U.S. Department of Justice.

  • January 15, 2019

    Chancery Serves Papa John's Founder Access To Co. Records

    The Delaware chancellor ruled Tuesday that Papa John’s International Inc. founder and former CEO John Schnatter should be given records he requested over what he contends was his unfair ouster and the company’s improper handling of backlash over alleged racist comments he made about the NFL’s handling of national anthem protests.

  • January 15, 2019

    Ex-Facebook Employee Fights Bid To Nix Overtime Pay Suit

    A former Facebook sales employee has urged an Illinois federal court to reject the social media giant's bid for a quick win in her suit claiming the company uniformly misclassified its workers and illegally deprived them of overtime pay to save on labor costs.

  • January 15, 2019

    Truck Body Maker Tries To Nix Workers' Rest Break Suit

    A truck body manufacturer accused in a proposed class action of failing to provide employees with required work breaks contended in California federal court Monday the suit should be tossed, saying just because employees must stay on-premises, it does not mean that their 10-minute rest periods under state labor laws are being violated.

  • January 15, 2019

    UberBlack Drivers Ask 3rd Circ. To Revive Wage Suit

    A proposed class of Philadelphia, Pennsylvania-area UberBlack limo drivers asked the Third Circuit to revive their suit accusing Uber Technologies Inc. of violating state and federal labor laws, saying a district court prematurely determined they were independent contractors and not employees entitled to minimum and overtime wages.

  • January 15, 2019

    In Win For Workers, Justices Nix Trucking Co. Arbitration Bid

    The U.S. Supreme Court ruled Tuesday that trucking company New Prime Inc. cannot compel arbitration in a class action alleging it failed to pay independent contractor truck-driver apprentices the proper minimum wage, saying transportation workers engaged in interstate commerce, including those classified as independent contractors, are exempt from the Federal Arbitration Act.

  • January 14, 2019

    Former Chiefs Player's Ex-Wife Can't Join Head Injuries Suit

    The ex-wife of former NFL player Joe Phillips can’t join a suit against the Kansas City Chiefs that was settled late last year, a Philadelphia federal court ruled Monday, finding the request is both too late and barred by the broader 2015 concussion settlement.

  • January 14, 2019

    Vote Against Union At Railway Co. Should Stand: NLRB Judge

    A National Labor Relations Board judge has held that a 55-54 vote against unionization at a railroad tank car company should be certified even though there were National Labor Relations Act violations before the election, finding that it was "virtually impossible" to conclude the breaches influenced the results.

  • January 14, 2019

    Devout Dishwasher Fired For Resting Sundays Wins $21.5M

    A Florida federal jury on Monday handed down a $21.5 million verdict against Park Hotels & Resort, formerly known as Hilton Worldwide Inc., in a suit brought by a dishwasher alleging religious discrimination when she was fired after refusing to work on a Sunday.

  • January 14, 2019

    What Noncompete Lawyers Ought To Be Watching In 2019

    Attorneys who handle restrictive covenants will be following a handful of cases and open legal questions as the new year progresses, including a series of suits challenging no-poach agreements and an anticipated wave of litigation over Massachusetts’ new noncompete law. Here, Law360 breaks down what lawyers will be keeping an eye on.

Expert Analysis

  • A Small Crack In High Court's Pro-Employer FAA Absolutism

    Scott Oswald

    Lately it’s become reasonable to ask: Is there any arbitration provision — however lopsided and unfair — that the U.S. Supreme Court won’t deem enforceable under the Federal Arbitration Act? Thanks to Tuesday's decision in New Prime v. Oliveira, the answer is finally yes, says Scott Oswald of The Employment Law Group PC.

  • Why AFAs Are Key To The Future Of Legal Practice

    Kelly Eisenlohr-Moul

    Alternative fee agreements can help align law firm and client interests, increase efficiency and eliminate corporate extortion, among other benefits. They are the best thing to happen to the practice of law in decades, says Kelly Eisenlohr-Moul at Dinsmore & Shohl LLP.

  • 2019 Annual Meeting And Reporting Considerations: Part 2

    Brian Breheny

    In this installment of their four-part series, attorneys at Skadden Arps Slate Meagher & Flom LLP offer insights to companies on executive compensation matters for 2019 — including pay ratio and hedging disclosures, say-on-pay votes and changes in pay practices due to the Tax Cuts and Jobs Act.

  • 2019 Annual Meeting And Reporting Considerations: Part 1

    Brian Breheny

    Each company faces important decisions in preparing for its 2019 annual meeting and reporting season. This four-part series by attorneys at Skadden Arps Slate Meagher & Flom LLP covers essential items on which companies should focus, including corporate governance, executive compensation and disclosure matters.

  • Circuits Left To Develop FCA Discovery Case Law

    Andy Liu

    Last week, the U.S. Supreme Court denied certiorari in two major False Claims Act cases, both involving the government’s knowledge or suspicion of violations allegedly resulting in knowingly false claims. Nichols Liu LLP attorneys consider the implications for the materiality standard and FCA cases going forward.

  • Series

    Judging A Book: Barron Reviews 'The Clamor Of Lawyers'

    Judge David Barron

    Can lawyers lead a revolution? According to "The Clamor of Lawyers: The American Revolution and Crisis in the Legal Profession" — a slim but elegant volume by Peter Charles Hoffer and Williamjames Hull Hoffer — they can and they did, says First Circuit Judge David Barron.

  • Automotive Tech In 2018: Legal Trends And Developments

    David Cavanaugh

    The legal landscape for the automotive sector continued its evolution in 2018 with the development of new technology becoming a focal point for litigation, patenting and regulation, say attorneys with WilmerHale.

  • Tip Credits: Methods For Measuring Employee Work Time

    Elizabeth Arnold

    Recent court decisions and regulatory actions indicate that the employee tip credit landscape appears to be in flux. Elizabeth Arnold and Chester Hanvey of Berkeley Research Group LLC examine scientifically based methodologies used to determine how employees spend their time and to identify time spent on “tippable” work.

  • Opinion

    Congress Needs More Sexual Harassment Protections

    Marjorie Mesidor

    A recently passed bill that changes how sexual harassment complaints are handled in Congress is a step in the right direction. However, it falls considerably below what is necessary to make staffers, interns and fellows feel safe to come forward without fear of retaliation, says Marjorie Mesidor of Phillips & Associates.

  • Opinion

    The Case For Lawyer-Directed Litigation Funding In NY: Part 2

    Peter Jarvis

    Lawyer-directed nonrecourse litigation funding is more likely to protect a lawyer's exercise of independent professional judgment than traditional means of litigation finance, and furthermore enables worthwhile cases that otherwise could not be funded, say Peter Jarvis and Trisha Thompson of Holland & Knight LLP.