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Employment

  • September 21, 2018

    5 Supreme Court Petitions Employers Should Watch

    After a 2017 that yielded the blockbuster Epic Systems and Janus decisions, the U.S. Supreme Court is poised to kick off a new term that could see the justices tackle a growing circuit split on whether federal anti-discrimination law protects gay and transgender workers. Here, Law360 looks at five cert petitions employers should have on their radar.

  • September 21, 2018

    GrubHub Drivers Say They’re Exempt From Arbitration

    Dozens of GrubHub Inc. drivers asked an Illinois federal judge to pump the brakes on the restaurant delivery app’s motion to send their proposed class action to arbitration Thursday, arguing that they fall under a transportation worker exemption to federal arbitration law.

  • September 21, 2018

    Jury Finds Overstock.Com Guilty Of $3M Escheat Holdback

    A Delaware jury took little more than a hour to find Overstock.com guilty of concealing nearly $3 million in abandoned gift card balances from Delaware’s revenue agency, after a six-day whistleblower trial that could lead to a treble damages sanction.

  • September 21, 2018

    Revel Systems Agrees To $2.75M Deal In OT Suit

    Revel Systems has agreed to a $2.75 million deal to end claims that the point of sales system company had flouted both federal and state law because it allegedly didn’t properly pay a group of inside sales representatives overtime for a certain period.

  • September 21, 2018

    Harvard Asks 1st Circ. To Uphold Win In Tenure Bias Suit

    Harvard University asked the First Circuit on Friday to affirm that a former associate anthropology professor failed to prove the prestigious school denied her application for tenure because she is a woman and had voiced support for sexual assault victims.

  • September 21, 2018

    Judge Probes NCAA VP On Athlete Pay Rules At Trial

    A California federal judge on Friday repeatedly questioned an NCAA vice president on the specifics of its pay rules during a landmark antitrust trial over the association's limits on student compensation, pointing to apparent discrepancies between financial aid limits the NCAA has imposed on its various conferences.

  • September 21, 2018

    Dump Truck Co. Can't Dodge NLRB Union Shutdown Ruling

    The Second Circuit on Friday granted the National Labor Relations Board’s petition to enforce a decision that a Brooklyn dump truck company illegally trimmed operations in retaliation for its drivers voting to unionize, later offering to restart if its employees rejected the union.

  • September 21, 2018

    Alaska Gov. Rips Kavanaugh On Health, Labor, Native Issues

    Alaska Gov. Bill Walker and Lt. Gov. Byron Mallott said they oppose D.C. Circuit Judge Brett Kavanaugh’s nomination to the U.S. Supreme Court based on his legal stances on Native American tribes, health care and labor, and called for a “thorough review of past allegations” against him before a potential Senate vote on his confirmation.

  • September 21, 2018

    Sandia Can't Pause Discovery In Gender Bias Action

    A New Mexico federal judge has denied Sandia Corp.'s motion to stay discovery in a proposed class action from female employees accusing the nuclear weapons research lab operator of systemic bias, finding that allowing discovery to continue would let the case wrap up sooner.

  • September 21, 2018

    Delaying W-4 Form A Positive, Necessary Step, Tax Pros Say

    The Internal Revenue Service’s decision to delay carrying out a new W-4 form was both necessary and positive, tax and payroll professionals told Law360 Friday.

  • September 21, 2018

    9th Circ. Takes Up Microsoft Women's Class Cert. Appeal

    The Ninth Circuit on Thursday granted female Microsoft workers’ request that it review the denial of class certification in their pay bias suit, setting the stage for the court to weigh what it takes to show a companywide policy of discrimination under the U.S. Supreme Court’s Dukes decision.

  • September 21, 2018

    EEOC Says Walmart Discriminates Against Pregnant Workers

    Walmart discriminated against a class of women at a Wisconsin distribution center by denying their requests to take it easier at work during their pregnancies, the U.S. Equal Employment Opportunity Commission said Friday in the latest suit challenging how the mega-retailer treats pregnant workers.

  • September 21, 2018

    Health Hires: DLA Piper, Baker Donelson, Pharma GCs

    DLA Piper has brought in life sciences attorneys from Hogan Lovells and Vinson & Elkins LLP, Baker Donelson Bearman Caldwell & Berkowitz PC has boosted its health care group in Memphis, Tennessee, Aquestive Therapeutic has nabbed the head of Day Pitney LLP's life sciences group and Clearside Biomedical has hired an in-house veteran to lead its legal team.

  • September 21, 2018

    Miami Beach Restaurant Servers Win Cert. In Tips Suit

    A Florida federal judge has preliminarily certified a class of servers at a Miami Beach restaurant who claim they were forced to share their tips with their employer and were not paid for all hours worked in violation of the Fair Labor Standards Act.

  • September 21, 2018

    Truckers Insist Calif. Dynamex Standard Is Unconstitutional

    A trucking group on Thursday defended its suit claiming federal law overrides California's newly adopted standard for distinguishing between independent contractors and employees in wage order disputes, saying an onslaught of litigation over the standard proves there is an “actual controversy” requiring the court to intervene.

  • September 21, 2018

    Ex-Brokers Say 'Punitive' Morgan Stanley Suit Lacks Evidence

    A group of former Morgan Stanley Smith Barney brokers who are accused of luring their former clients to a new firm asked an Illinois federal judge not to enter a temporary restraining order against them Friday, saying there is no evidence to support the bank's claims.

  • September 21, 2018

    Migrant Workers Seek Approval Of Sauerkraut Co. Settlement

    Counsel for more than 200 Mexican migrant workers urged a Wisconsin federal court on Friday to approve a proposed class action settlement of more than $900,000, which would resolve two lawsuits accusing the world’s largest sauerkraut producer of violating migrant protection laws in its handling of workers on temporary nonagricultural visas.

  • September 21, 2018

    Chipotle To Face Claims It Fired Manager After Back Surgery

    Chipotle Mexican Grill Inc. can’t duck a former Philadelphia area manager’s allegations that he was fired because he needed back surgery, a Pennsylvania federal judge has ruled.

  • September 21, 2018

    Lyft Drivers Move For $1.95M Settlement Over Premium Pay

    A group of drivers for Lyft Inc. asked a California federal judge to approve the ride-hailing service's $1.95 million settlement of a class action suit alleging the company underpaid drivers who were supposed to receive prime-time premium pay, with about 33 percent of the payout going toward the class' attorneys' fees and expenses.

  • September 21, 2018

    Oregon Unions Hit With Suit Seeking Nonmember Dues

    A group of public sector workers sued more than a dozen unions and union locals in Oregon federal court on Thursday, seeking years' worth of union representation fees for a proposed class of nonmembers, in light of the U.S. Supreme Court's Janus ruling.

Expert Analysis

  • Cloud Computing Clearly The Future For Small Firms

    Holly Urban

    While in-house technology investments on the scale and complexity needed to compete with large firms remain cost prohibitive for small and midsize law firms, cloud-based services offer significant cost savings and productivity gains with little to no capital investment, says Holly Urban of Effortless Legal LLC.

  • Roundup

    Navigating NLRB

    Navigating NLRB

    Employers today face a host of modern labor law issues amid a continually changing political and legal landscape. In this Expert Analysis series, former National Labor Relations Board members provide insights on recent issues before and within the board.

  • EEOC And NLRB Inconsistent On Confidential Investigations

    Mehreen Rasheed

    Although the U.S. Equal Employment Opportunity Commission recommends that employers maintain the confidentiality of internal sexual harassment investigations to the extent possible, this recommendation may conflict with a 2012 ruling by the National Labor Relations Board, says Mehreen Rasheed of Katz Marshall & Banks LLP.

  • Leveraging Today's Lateral Associate Market

    Darin Morgan

    With the Milbank/Cravath pay scale once again equalizing compensation at many Am Law 100 firms, there is even more pressure for firms to differentiate themselves to top lateral associate candidates. This presents strategic considerations for both law firms and lateral candidates throughout the recruitment process, says Darin Morgan of Major Lindsey & Africa.

  • Series

    Navigating NLRB: The Intersection Of Politics And Policy

    Brian Hayes

    Several practical considerations have rendered the process of populating the National Labor Relations Board increasingly partisan. But even in the absence of curative legislation, there are some measures that could improve the practice, says Brian Hayes, former member of the NLRB and shareholder at Ogletree Deakins Nash Smoak & Stewart PC.

  • Q&A

    Back To School: Stanford's Jeff Fisher Talks Supreme Court

    Jeffrey Fisher

    In this series featuring law school luminaries, Stanford Law School professor Jeffrey Fisher discusses his motivation for teaching, arguing before the U.S. Supreme Court and what the court might look like if Judge Brett Kavanaugh is confirmed.

  • Genetic Data Holds Opportunities And Risks For Litigants

    Kirk Hartley

    A recently published research paper concludes that a significant proportion of patients with malignant mesotheliomas carry inherited mutations in cancer-associated genes. Well-informed lawyers on both sides of the aisle can effectively use such data to materially alter the outcome of cases, say Kirk Hartley and David Schwartz of ToxicoGenomica.

  • Series

    Navigating NLRB: Nature Of Work Has Changed, NLRA Hasn't

    Marshall Babson

    Employers, unions and workers have not sat down together to have a meaningful and constructive conversation about the economic imperatives of the 21st century in at least 10 years. In the meantime, the nature and character of work itself has been changing at lightning speed, says Marshall Babson, former member of the National Labor Relations Board and counsel at Seyfarth Shaw LLP.

  • Transitioning Cos. Can't Forget Pending Green Cards

    Hector Chichoni

    When sponsoring foreign national employees for employment-based lawful permanent residence in the U.S., there are many factors an employer must consider if it is restructuring, relocating or downsizing its operations to avoid the consequences of noncompliance under current U.S. immigration law, says Hector Chichoni of Duane Morris LLP.

  • Series

    Navigating NLRB: A New Era For Joint Employment?

    Peter Kirsanow

    While the National Labor Relations Board’s Browning-Ferris decision is currently the standard upon which joint employer analysis rests, as a number of independent challenges to its vitality loom — including the board's recently announced draft rule — its reign may be short-lived, says Peter Kirsanow, former member of the NLRB and partner at Benesch Friedlander Coplan & Aronoff LLP.