Employment

  • September 22, 2020

    Court's 'Unrealistic' Pandemic Calendar Blamed For Atty's Exit

    An Idaho federal judge with "unrealistic" scheduling demands amid the COVID-19 pandemic forced a plaintiffs lawyer to jump ship in the middle of a pilot's wrongful termination case, the pilot told the court Monday in an unusual bid to disqualify the judge.

  • September 22, 2020

    4 Employment Issues In Play For A More Conservative Court

    Justice Ruth Bader Ginsburg’s death gives President Donald Trump a chance to expand the U.S. Supreme Court’s conservative majority to six, raising employers’ chances of winning business-friendly rulings on joint employment, labor rights and other hot-button issues. Here, Law360 looks at four areas of labor and employment law where an expanded conservative majority could make its mark.

  • September 22, 2020

    NFL, Union Seek To Toss Suit Over Changes To CBA Benefits

    The NFL, the players union and the league's retirement plan asked a D.C. federal court to toss a lawsuit from former players who say cuts to the plan's disability benefits approved in the most recent labor agreement left permanently injured players out in the cold, arguing the potential scope of the cuts is not clear and that the league and players are legally allowed to change the terms of the plan.

  • September 22, 2020

    Equinox Trainer Accuses Gym Of Race, Sex Bias In Firing

    Fitness chain Equinox did nothing to stop a Black trainer from receiving racist and sexist remarks from a client and a co-worker at one of its New York City gyms and later fired her when she complained, the trainer said Tuesday in a lawsuit filed in New York federal court.

  • September 22, 2020

    Lowe's Shuts Down Overtime Suit Over Tax Reform Bonuses

    A North Carolina federal judge threw out a proposed class and collective action Tuesday that accused Lowe's of shorting workers on overtime by failing to factor bonuses dedicated to 2017 changes to tax law into their pay calculations, ruling that the payments were a "gift."

  • September 22, 2020

    New DOL Independent Contractor Rule Asks Who's The Boss

    The U.S. Department of Labor's long-awaited proposed rule on classifying workers as employees or independent contractors would depart from decades of past practice by emphasizing some parts of a multifactor test over others, wage and hour attorneys told Law360.

  • September 22, 2020

    ITC Will Review Allergan's Win In Botox Trade Secrets Case

    The U.S. International Trade Commission will review the bulk of an administrative law judge's finding that Allergan's rivals should be barred from importing a low-cost version of its Botox treatment because they misappropriated trade secrets.

  • September 22, 2020

    Exec's Masturbation Session Cost Worker Her Job, Suit Says

    A New York investment bank that operated "like a boys' club" fired one of its few female employees shortly after she walked in on a top executive masturbating in a conference room and later complained about it, according to a new suit Tuesday.

  • September 22, 2020

    Workers Rip McDonald's Bid To Nix $500M Sex Bias Suit

    Two women accusing McDonald's of fostering a hostile work environment in its corporate-owned Florida restaurants have defended their $500 million proposed class action from the company's attempt to dismiss the suit, telling an Illinois federal court they've sufficiently backed up their claims.

  • September 22, 2020

    Tenured Teacher Furloughs Were Reasonable, 3rd Circ. Says

    A Pennsylvania school district took reasonable measures when it furloughed three tenured teachers to combat a budget shortfall, a panel of Third Circuit judges has ruled unanimously.

  • September 22, 2020

    Meatpacker Owes $230K To Ex-Employee In Bias Trial

    An Idaho federal jury has awarded roughly $230,000 to a former meatpacking plant worker who said the company ignored daily discrimination and verbal abuse against her and finally forced her to quit.

  • September 22, 2020

    Ex-GC Says NJ Casino Sent False Info To Gambling Enforcer

    An Atlantic City casino's former general counsel on Tuesday hit the hotel with state whistleblower and discrimination claims alleging she was fired for objecting to the business's decision to send false information to the state's Division of Gaming Enforcement and ultimately replaced by a less-experienced male attorney.

  • September 22, 2020

    Gibson Dunn Atty, DOL Official Get Senate Nod To Join EEOC

    The U.S. Senate on Tuesday confirmed Gibson Dunn & Crutcher LLP associate Andrea Lucas and U.S. Department of Labor official Keith Sonderling to seats on the five-member Equal Employment Opportunity Commission, leaving one EEOC nominee tapped by President Donald Trump still awaiting a vote.

  • September 22, 2020

    Trustee Bristles At New $45M Purdue Bid For Ch. 11 Bonuses

    The Office of the United States Trustee objected Tuesday to a proposed $45 million Chapter 11 bonus plan from bankrupt painkiller maker Purdue Pharma, saying the company has already been approved to pay $38 million in retention and incentive bonuses to employees and the new plan doesn't contain meaningful benchmarks.

  • September 22, 2020

    Car Recycler Wants End To EEOC Suit Over Chemo Firing

    An East Texas auto recycler hit back against a U.S. Equal Employment Opportunity Commission suit that alleged it had failed to accommodate an employee for leaving work to undergo chemotherapy, arguing that it had to hire her replacement to keep a key office role staffed.

  • September 22, 2020

    Europe Appears More Open To Long-Term Telework Than US

    European employers have embraced telework at greater levels than their U.S. counterparts and are more willing to stick with it even after the virus wanes, according to a survey released Tuesday by Littler Mendelson PC.

  • September 22, 2020

    Bridgestone Fudged Timesheets To Dodge OT, Workers Say

    Bridgestone Americas denied its tire store workers proper wages and overtime by not factoring bonuses into overtime rates and altering timesheets to replace hours they spent on the job with lunch breaks they never took, a proposed class action filed in Pennsylvania federal court claims.

  • September 22, 2020

    Tardy 5th Circ. Appeal Dooms Workers' OT Bonus Suit Victory

    An oil well pump and fracking company convinced the Fifth Circuit to take back a win for workers who alleged they weren't paid proper overtime, as a panel on Monday withdrew its ruling from weeks earlier and concluded the workers' appeal was filed too late.

  • September 22, 2020

    DOL Proposes Making It Easier To Label Workers Contractors

    The U.S. Department of Labor unveiled proposed regulations Tuesday that would make it easier for companies to classify workers as independent contractors, excluding them from workplace protections like overtime pay and sick leave.

  • September 21, 2020

    Justice Ginsburg: Who She Was, How She Shaped The Law

    Justice Ruth Bader Ginsburg died on Friday at age 87. Here, Law360 looks at the feminist icon's legacy and the battle brewing over her seat.

  • September 21, 2020

    2nd Circ. Axes Black Men's Hiring Bias Suit Over Convictions

    A split Second Circuit panel on Monday rejected discriminatory hiring allegations brought by a pair of African American men denied jobs because of past felony convictions, finding that the men can't rely on national statistics showing that Black individuals are more likely to be arrested and incarcerated than white applicants.

  • September 21, 2020

    Law360's The Term: The Life And Legacy Of Justice Ginsburg

    Justice Ruth Bader Ginsburg is among the few on the U.S. Supreme Court to have etched her name into legal history long before donning a robe. In a special episode this week, Law360's The Term dives into her legacy as a pioneering women's rights advocate with two guests who worked by her side. 

  • September 21, 2020

    5 Times Justice Ginsburg Left An Imprint On Employment Law

    Justice Ruth Bader Ginsburg made waves by taking issue with majority rulings in cases involving fair pay for women and access to birth control, but those dissents represent just a fraction of her output during nearly three decades on the U.S. Supreme Court. Here, Law360 digs deeper into the late jurist's employment writings.

  • September 21, 2020

    Insurer Says No Finger Scan Defense In Franchiser's Policy

    American Family Mutual Insurance Co. asked an Illinois federal judge Monday to declare that it has no duty to defend a McDonald's franchise owner against underlying state court claims that its finger-scanning practices violate employees' biometric privacy rights.

  • September 21, 2020

    Budding Textualist Star Barbara Lagoa Eyed For High Court

    Known as a budding superstar in Florida conservative legal circles, committed textualist Judge Barbara Lagoa could continue her lightning-quick ascent through the appellate ranks if President Donald Trump taps her for the now-vacant U.S. Supreme Court seat, where she would become the first Cuban-American, and first Floridian, to sit on the high court.

Expert Analysis

  • Opinion

    The Case For A Nonpolitical Federal Judiciary

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    For the last 20 years, at the insistence of both parties, U.S. Supreme Court nominations have been fierce ideological battles — which is bad for the country and bad for the public's perception of the legitimacy of the court, say Judge Eric Moyé, Judge Craig Smith and Winston & Strawn partner Tom Melsheimer.

  • The Keys To A Better Privilege Logging Paradigm

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    Current privilege logging practices to identify what information is being withheld from discovery often lead to costly disputes, so practitioners should adopt a system based on trust and good faith, similar to the presumptions embedded in the business judgment rule for corporate directors and officers, say Kevin Brady at Volkswagen and Charles Ragan and Ted Hiser at Redgrave.

  • Mail-In Ballot Considerations For NLRB Union Elections

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    As mail-in voting for National Labor Relations Board union elections fosters void ballots, less participation and fewer favorable results for unions, campaign leaders should assess how eligible voters will view remote ballots before agreeing to the process, says Samuel Morris at Godwin Morris.

  • Opinion

    Pending Changes Pose Threat To SEC Whistleblower Program

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    If the U.S. Securities and Exchange Commission approves changes to the Dodd-Frank Act whistleblower rules on Wednesday, it will weaken protections for tipsters and radically undermine a regime that has returned $750 million to investors and collected over $2.5 billion in sanctions, says Stephen Kohn of Kohn Kohn & Colapinto.

  • Class Arbitration May Meet Its Demise At High Court This Term

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    While the Second Circuit’s 2019 opinion in Jock v. Sterling Jewelers and the Ninth Circuit’s recent decision in Shivkov v. Artex exemplify how two interrelated inquiries have rescued class arbitration, the U.S. Supreme Court will likely address the issues this term and extinguish the practice, say attorneys at McGuireWoods.

  • White House Due Process Memo Could Reform Enforcement

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    A little-noticed memo recently issued by the Trump administration in response to the pandemic, directing federal agencies to provide greater due process to individuals and companies under regulatory investigation, represents a long-overdue sea change in the way justice is carried out in enforcement proceedings, say Joan Meyer and Norman Bloch at Thompson Hine.

  • FLSA Compliance Under DOL's Telework Tracking Guidance

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    In light of the U.S. Department of Labor's new guidance on tracking nonexempt remote employees' compensable work, companies that consistently enforce their timekeeping policies and clearly articulate workers’ duties are best positioned to avoid violating the Fair Labor Standards Act, say Andrea Zoia and Aaron Spacone at Morgan Brown.

  • Law Firm Hiring Considerations In A COVID-19 Economy

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    Financially robust law firms are entering the recruiting market aggressively knowing that dislocations like the COVID-19 crisis present rare competitive opportunities, and firms that remain on the sidelines when it comes to strategic hiring will be especially vulnerable to having their best talent poached, says Brian Burlant at Major Lindsey.

  • ERISA Claim Takeaways From 7th Circ. Union Pension Ruling

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    The Seventh Circuit’s recent decision in Bator v. District Council 4 — dismissing Employee Retirement Income Security Act claims against pension plan trustees and a union for allowing varying member contribution levels — shows key challenges in proving that trustees breached their fiduciary duties, say attorneys at Baker McKenzie.

  • Employer Tips For Investigating Racial Bias Complaints

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    As awareness of societal racial injustices increases, it is more important than ever for companies to properly investigate employee concerns about workplace inequities by building trust, examining microaggressions and assessing the organization’s overall culture, says Daphne Bishop at Carothers DiSante.

  • Opinion

    Lawyers Must Act To Preserve Democracy This Election

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    COVID-19 concerns and glaring gaps in registration threaten to dampen voter turnout in the 2020 election, so attorneys should take on the problem by leveraging their knowledge and resources in seven ways, says Laura Brill at Kendall Brill.

  • Opinion

    State AG Enforcement Is Important For Workers' Rights

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    A recent increase in state attorney general labor and employment enforcement — including a challenge that prompted a New York federal judge to strike down the U.S. Department of Labor’s joint employer rule last week — sends an important message that worker protections are not easily revoked, says Catherine Ruckelshaus at the National Employment Law Project.

  • M&A In The Energy Industry: 6 Current Trends

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    The COVID-19 pandemic and the oil price war between Saudi Arabia and Russia sent demand for oil plunging this year — but an abundance of distressed assets means that ample opportunities for mergers and acquisitions in the energy sector still exist, say attorneys at Winston & Strawn.

  • M&A Bargain Hunters Should Heed The WARN Act

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    Companies seeking opportune acquisitions amid the economic downturn should be aware that buyers are not immune from liability under the Worker Adjustment and Retraining Notification Act where transactions result in plant closings or mass layoffs, say Amelia Henderson and Kayla Haines at Smith Hulsey.

  • How To Effectively Defend Witnesses In Remote Depositions

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    When a witness is isolated from the defending lawyer during a remote deposition, carefully planning the logistics and building witness confidence are critical to avoiding damaging admissions, say Jessica Staiger at Archer Daniels and Alec Solotorovsky at Eimer Stahl.

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