Employment

  • July 02, 2020

    Calif. Air Medics Get Initial OK For $78M Wage Settlement

    A California state judge has given a preliminary thumbs-up to a $78 million settlement that would resolve outstanding claims by a certified class of about 450 medical flight crew workers accusing helicopter operator Air Methods Corp. of committing various wage violations.

  • July 02, 2020

    United Airlines Seeks To Duck Suit Over $5B Virus Relief Deal

    United Airlines urged an Illinois federal judge on Thursday to dismiss a putative class action accusing it of breaching its agreement with the federal government over $5 billion in payroll support funds amid the coronavirus pandemic, arguing the employee who filed the suit has no statutory rights to enforce the agreement.

  • July 02, 2020

    Calif. Ryder Delivery Drivers Ink $5M Miclassification Deal

    A motor carrier owner working for Ryder System Inc. urged a California federal judge Wednesday to sign off on a proposed $5 million class settlement to resolve claims that Ryder misclassified delivery workers as independent contractors to avoid paying all wages and job-related expenses.

  • July 02, 2020

    High Court Warned Of Danger In 11th Circ.'s Expanded CFAA

    The Eleventh Circuit's broad view of the Computer Fraud and Abuse Act would criminalize ordinary internet activity like posting items in the wrong Craigslist category, lawyers for a former Georgia police officer claim in a case set to go before the U.S. Supreme Court.

  • July 02, 2020

    K&L Gates, Ex-Worker Settle ADHD Discrimination Suit

    K&L Gates LLP has reached an undisclosed settlement to resolve allegations that the law firm violated federal anti-discrimination law by failing to accommodate an employee with anxiety and ADHD before firing him.

  • July 02, 2020

    EEOC Charge Alleges Sweeping Racial Bias At Facebook

    Facebook screens out Black job applicants and routinely relies on peer reviews by its overwhelmingly white and Asian American workforce to unfairly deny promotions to its few Black employees, according to a class action race bias charge filed Thursday with the U.S. Equal Employment Opportunity Commission.

  • July 02, 2020

    Ex-MedMen CFO Seeks $600K In Fees Amid Breakup Suit

    The former chief financial officer of pot giant MedMen is asking a California state court to award him more than $600,000 in attorney fees midway through a bitter legal fight over his departure, saying his contract entitles him to reimbursement for the litigation.

  • July 02, 2020

    Jimmy John's Slams Class Certification Bid In No-Poach Suit

    A Jimmy John's employee can't certify a class in his suit challenging the company's no-poach agreements because the class would include conflicting class members and their claims can't be proven with common evidence, the sandwich chain argued in Illinois federal court.

  • July 02, 2020

    Judge Pans NY Defenses In Uber Drivers' Fight For Benefits

    The Brooklyn federal judge handling Uber, Lyft and other app-based drivers' legal battle for New York unemployment benefits appeared to take the drivers' side during a case hearing Thursday morning, as she repeatedly laid into the Empire State's arguments against immediate court intervention.

  • July 02, 2020

    Coronavirus Litigation: The Week In Review

    Grocery delivery service Instacart is suing to block a Seattle ordinance requiring coronavirus hazard pay for gig delivery workers, New York police officers and Las Vegas resort workers claim they haven't been provided with adequate protections during the pandemic, and the ACLU says California courts can't block public access to trials, despite the virus. 

  • July 02, 2020

    Coronavirus Q&A: Texas Hospital Association's GC

    In this edition of Coronavirus Q&A, the Texas Hospital Association's general counsel discusses mounting unease about staffing and capacity, what his group's 500 member hospitals and health systems learned from the pandemic's brutal toll in the Northeast, and efforts to prevent a bad situation in the Lone Star State from getting even worse.

  • July 02, 2020

    Littler Mendelson Attys Say Discovery Snafu Suit Barred

    Four Littler Mendelson PC attorneys facing negligence claims over an alleged discovery misstep that purportedly allowed opposing counsel to expand a labor dispute have asked a judge in Houston to dismiss the lawsuit under a state free speech law, saying the suit stems from their response to a court order.

  • July 02, 2020

    Union Says CUNY Axed 2,800 Profs After Taking Virus Relief

    The City University of New York illegally laid off thousands of adjunct faculty members despite getting over $251 million in federal funds to protect against the coronavirus pandemic's economic fallout, according to a lawsuit filed by a union representing the university's professional staff.

  • July 02, 2020

    High Court To Review Nestlé, Cargill Child Slavery Suits

    The U.S. Supreme Court agreed Thursday to hear Nestlé and Cargill's challenges to a Ninth Circuit ruling leaving the companies on the hook for allegations that they benefited from African child labor, teeing up a potential ruling on whether U.S. corporations can be liable for human rights abuses abroad.

  • July 02, 2020

    NLRB Gets Green Light For Parts Of Challenged Election Rule

    A Washington, D.C., federal judge let the National Labor Relations Board implement parts of a rule changing how it processes union elections, saying an earlier ruling for the AFL-CIO only blocked provisions slowing elections or otherwise affecting workers' organizing rights.

  • July 02, 2020

    Justices Won't Touch 9th Circ. Ruling On Sex-Based Pay Gaps

    The U.S. Supreme Court on Thursday refused to hear a challenge to an en banc Ninth Circuit decision that barred employers from using workers' salary history to justify sex-based pay disparities.

  • July 01, 2020

    Novartis To Pay $729M To End 2 FCA Kickback Accusations

    Novartis Pharmaceuticals Corp. has agreed to pay more than $729 million to end two separate sets of allegations from the U.S. Department of Justice that it violated the False Claims Act through companywide kickback schemes to pump up prescriptions, the agency said Wednesday.

  • July 01, 2020

    NY Court Cops Sue Over Inadequate COVID-19 Protections

    The union representing more than 1,500 New York state court officers hit Chief Judge Janet DiFiore and the Office of Court Administration with a putative class action in federal court for allegedly not providing enough protective measures against COVID-19 and threatening to discipline the union's president for raising the issue.

  • July 01, 2020

    US Leans On Law Firms For Trade Deal Dispute Panelists

    The Trump administration on Wednesday tapped trade and labor law experts from BigLaw fixtures like Skadden and Clark Hill to serve on panels that will be tasked with resolving disputes under the U.S.-Mexico-Canada Agreement.

  • July 01, 2020

    Sports Antitrust Protection Questioned As NCAA Seeks Bill

    U.S. Sen. Richard Blumenthal said Wednesday it may be high time to scrutinize sports labor antitrust exemptions, with the NCAA urging Congress to give it a pass from antitrust scrutiny as it works to reform its rules restricting college athletes from profiting from the use of their names, images and likenesses.

  • July 01, 2020

    Agendia Pays $8.25M In FCA Suit Over Delayed Cancer Tests

    The California molecular diagnostics testing company Agendia agreed Wednesday to pay the U.S. Department of Justice $8.25 million to settle a whistleblower's False Claims Act lawsuit alleging that it intentionally delayed breast cancer screening tests as part of a nationwide, multiyear Medicare billing fraud scheme.

  • July 01, 2020

    Split 4th Circ. Won't Restore Overridden FMLA Verdict

    A split panel of Fourth Circuit judges found Wednesday that a lower court did not err in granting a judgment in favor of Rand Construction Corp. in a former employee's suit accusing the company of unlawfully firing her, saying the company showed a proper explanation for the firing.

  • July 01, 2020

    Congress Extends PPP To August, Mulls 2nd Round Of Loans

    The U.S. House of Representatives passed a bill Wednesday to reopen the Paycheck Protection Program through Aug. 8, sending the Senate-approved measure to the president as lawmakers discuss a possible second round of forgivable loans.

  • July 01, 2020

    OFCCP Curbs Affirmative Action Scrutiny Of Tricare Providers

    Reversing a long-held position, the Office of Federal Contract Compliance Programs on Wednesday said it lacks authority to enforce affirmative action obligations against health care providers who participate in military health insurance program Tricare but not other federal contracts.

  • July 01, 2020

    Want Workers To Sign COVID-19 Waivers? Don't Go There.

    Employment lawyers say they're getting more and more queries from businesses about whether they should force employees to sign COVID-19 liability waivers before returning to the workplace. Unlike many of the nettlesome questions attorneys have to field, this one has a simple answer: No.

Expert Analysis

  • Opinion

    Time To Consider Percentage Rental Agreements For Lawyers

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    It has long been the law that attorneys cannot use percentage rental agreements because doing so would constitute an impermissible sharing of fees with nonlawyers, but such arrangements can help lawyers match expenses with revenues in lean times like now, say Peter Jarvis and Trisha Thompson at Holland & Knight.

  • Rebuttal

    The Remote Jury Trial Is Not A Bad Idea

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    A recent Law360 guest article argued that the fundamental genius of the jury trial can only exist in a live setting in a courtroom, but the online process is at least as fair as its in-person counterpart, says Pavel Bespalko at Tricorne.

  • Handling Employee Vacation Requests During COVID-19

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    While there is little precedent for dealing with employee vacation requests during a pandemic, companies can protect workers by carefully asking about travel plans, and following public health agency and local guidelines when advising employees to self-isolate, say attorneys at Baker McKenzie.

  • Are False Accusations Of Racism A Form Of Defamation?

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    Racism is so repugnant that it is tempting to suggest that falsely labeling someone as racist should be legally considered defamation — but courts and litigants have struggled with such cases given the strict requirements of defamation law, says Phillip Zisook at Schoenberg Finkel.

  • Auto Cos. Should Ramp Up Their Supply Chain Vetting

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    Automotive companies procuring from new sources because of the pandemic or adapting to new requirements of the U.S.-Mexico-Canada Agreement can minimize their compliance risks by implementing full-spectrum, know-your-source due diligence and documenting every aspect of their vetting process, say Gregory Husisian and Jenlain Scott at Foley & Lardner.

  • 'Settle And Sue' Malpractice Cases Have New Clarity In Calif.

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    A California state appellate court's recent decision in Masellis v. Law Office of Leslie F. Jensen provides a road map for proving causation and damages in settle-and-sue legal malpractice cases — an important issue of long-standing confusion, says Steven Berenson at Klinedinst.

  • High Unemployment May Threaten Restrictive Covenants

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    Restrictive covenants in employment agreements will face greater scrutiny from courts if high unemployment persists, but the analysis will depend on whether the company aims to protect trade secrets, client relationships or its interest in unique employees, says Reid Skibell at Harris St. Laurent.

  • What You Say In Online Mediation May Be Discoverable

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    Mediation conducted online with participants in different states makes it harder to determine where communications were made, increasing the risk that courts will apply laws of a state that does not protect mediation confidentiality, say mediators Jeff Kichaven and Teresa Frisbie and law student Tyler Codina.

  • Contract, IP And Employment Claims Increase In A Downturn

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    As a result of current market trends, companies should be prepared for more commercial, intellectual property and employment claims, which can make a downturn even more challenging, says Charlene Morrow at Fenwick.

  • Arbitration Pact Rulings Show Signature Snags For Employers

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    Two recent appellate opinions highlight the challenges in proving specific employees signed arbitration agreements, but employers can take certain steps to defend such claims and ensure enforcement, say Ryan Glasgow and Tyler Laughinghouse at Hunton.

  • 10 Tips For A Successful Remote Arbitration Hearing

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    As I learned after completing a recent international arbitration remotely, with advance planning a video hearing can replicate the in-person experience surprisingly well, and may actually be superior in certain respects, says Kate Shih at Quinn Emanuel.

  • Cos. Must Prep For More DOJ Probes To Protect US Workers

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    Employers should review the Immigration and Nationality Act, understand the evolution of enforcement, and take steps to mitigate risk in order to prepare for a potential increase in U.S. Department of Justice investigations into perceived preferential treatment of foreign workers due to the economic downturn, say Ginger Solon Partee and Matthew Gorman at Baker McKenzie.

  • Opinion

    To Achieve Diversity, Law Firms Must Reinvent Hiring Process

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    If law firms are truly serious about making meaningful change in terms of diversity, they must adopt a demographically neutral, unbiased hiring equation that looks at personality traits with greater import than grades and class rank, says Thomas Latino at Florida State University College of Law.

  • 4 Tips For Data Analytics Following DOJ Compliance Guide

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    In light of disruptions caused by the pandemic, and the U.S. Department of Justice's recent guidance emphasizing data analytics in compliance monitoring, companies should proceed deliberately with a few key considerations, say Michael DeBernardis and Jonathan Zygielbaum at Hughes Hubbard.

  • Virus, Regs Highlight Need For Model State Whistleblower Law

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    The North American Securities Administrators Association's recently proposed model state whistleblower law could be a timely weapon against securities misconduct in light of the new and unique opportunities COVID-19 presents for fraudsters, and certain federal registration exemptions that may soon be relaxed, says attorney Patrick McCloskey.

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