Employment

  • October 11, 2019

    Fox News, Anchor Harris Faulkner Hit With Discrimination Suit

    A former Fox News makeup artist on Thursday sued the network, anchor Harris Faulkner and several other network employees, alleging he was harassed because he's young, gay and Hispanic and was eventually fired after reporting the harassment.

  • October 11, 2019

    6th Circ. Won't Revive Suit Over Alleged Chrysler-UAW Bribery

    The Sixth Circuit ruled Friday that workers in a Chrysler paint shop should have known something was amiss in the dealings between the United Automobile Workers and the company before bribery charges were unveiled, affirming a lower court’s decision to toss their case as untimely.

  • October 11, 2019

    Billionaire Owes Writer $650K For Sex Battery, Jury Says

    Billionaire media entrepreneur Alki David committed sexual harassment and sexual battery against a comedy writer, a California jury found Friday, awarding her $650,000 and setting the stage for possible punitive damages.

  • October 11, 2019

    DLA Piper Ousts Bigwig Accused Of Sexual Assault

    DLA Piper cut ties with the co-head of its U.S. emerging growth and venture capital practice Friday, a little over a week after a female partner told the U.S. Equal Employment Opportunity Commission that he sexually assaulted her and the firm retaliated against her when she complained.  

  • October 11, 2019

    Lyft Sues NYC Regulators To Annul Limits On 'Cruise' Time

    Lyft Inc. sued the New York City Taxi and Limousine Commission in state court Friday over its new rule that caps the amount of time drivers can "cruise" Manhattan without passengers, arguing that the rule is arbitrary and capricious, against the interest of underserved communities and in violation of antitrust laws.

  • October 11, 2019

    3rd Circ. Upholds Nike, Port Authority Wins In Title VII Rulings

    In two opinions Friday, Third Circuit panels upheld lower court rulings granting early judgment in favor of the Port Authority of New York and New Jersey and Nike Inc. in Title VII suits brought by two former employees that alleged discrimination and retaliation.

  • October 11, 2019

    Battles Over California's Dynamex Law Just Beginning

    Assembly Bill 5, California's new law making it harder for businesses to classify their workers as independent contractors, has garnered a lot of attention for its potential to disrupt the so-called gig economy. But there's an abundance of unanswered questions about how it will change the way businesses operate.

  • October 11, 2019

    Jones Day Tries To Exit 'Sexist' Bias Suit, Ex-Associates Balk

    Two married, former Jones Day associates asked a Washington, D.C., federal judge not to dismiss their discrimination suit against the firm Thursday, saying it misrepresented precedent in its bid to defend a "sexist" parental leave policy that favors women over men.

  • October 11, 2019

    Calif. Gov. Signs Pro-Worker Laws Banning Forced Arbitration

    California Gov. Gavin Newsom signed sweeping worker-friendly bills into law Thursday, criminalizing mandatory arbitration provisions in workers’ contracts and issuing a wide-ranging set of new legal requirements aimed at combating sexual harassment at work and improving worker conditions and safety.

  • October 11, 2019

    Paralegal Fired For Skipping DA's Funeral Can't Sue: Judge

    A Wisconsin paralegal who was fired after refusing to attend the funeral of a district attorney from a neighboring county can't accuse her former employer of forcing religion on her, a federal judge found, though he noted the case stemmed from "an unfortunate series of events reflecting poorly on all concerned."

  • October 11, 2019

    FedEx Beats ADA Suit From Worker Who Attempted Suicide

    An Alabama federal judge has tossed a FedEx Freight Inc. worker's Americans with Disabilities Act suit claiming he was wrongly barred from continuing work as a road driver for a year after a suicide attempt, saying the company reasonably found that the federally recommended time period should apply to him.

  • October 11, 2019

    'Horsefeathers!' Pierce Bainbridge Investigator Slams Ex-Atty

    The law firm hired to investigate alleged misconduct by an ex-Pierce Bainbridge partner told a New York trial judge on Friday that it should be excused from the former partner’s wrongful termination lawsuit, sparring with the ejected attorney and drawing a rebuke from the judge.

  • October 11, 2019

    Hill Wallack Builds Condo Group With 4 Attys, New Office

    Hill Wallack LLP has bolstered its community associations group with the addition of four attorneys in a new location that builds the firm’s southern New Jersey imprint and expands manpower in a growing practice area, firm leaders said.

  • October 11, 2019

    Union Can't Avoid Charter Strike Arbitration, 2nd Circ. Says

    The Second Circuit ruled Friday that the International Brotherhood of Electrical Workers can’t avoid arbitration with Charter Communications over a March 2017 strike, rejecting the union's argument that a National Labor Relations Board ruling meant it wasn't bound by a no-strike agreement.

  • October 11, 2019

    Job Wrongly Rescinded Over Medical Marijuana, Pa. Man Says

    A Pennsylvania electrical equipment company wrongly rescinded a job offer over a positive drug test despite a doctor's certification that the applicant had a condition that qualifies him for medical cannabis use, according to a complaint filed in state court.

  • October 11, 2019

    Congress Looks To Expand Financial Whistleblower Definition

    Congress seems poised to broaden the relatively narrow definition of whistleblower as it pertains to reporting violations of securities laws that was laid out by the U.S. Supreme Court last year, a development attorneys say would benefit potential whistleblowers and their employers alike.

  • October 11, 2019

    Walmart Owes $5.2M In EEOC Disability Suit, Jury Says

    A Wisconsin federal jury said Thursday that Walmart must pony up $5.2 million in an U.S. Equal Opportunity Employment Commission suit claiming the company violated the Americans with Disabilities Act by pushing out a longtime employee who needed a job coach.

  • October 11, 2019

    Fired Workers Want Bayou Steel Ch. 11 Sent To Louisiana

    A group of employees terminated by steel mill operator Bayou Steel BD Holdings LLC shortly before it filed for Chapter 11 protection have asked a Delaware judge to transfer the bankruptcy cases to Louisiana, arguing the company has no real connections to the First State.

  • October 11, 2019

    UK Litigation Roundup: Here's What You Missed In London

    The past week has seen asset manager BlueCrest drag a U.S. hedge fund into court following its expansion into the U.K., a City watchdog sue a Panamanian connected to an illegal land sale scheme and a Hong Kong food distributor file suit against shipping giant MSC. Here, Law360 looks at those and other new claims in the U.K.

  • October 11, 2019

    Atty Escapes Suit Claiming He Hid Ties To Day Pitney

    A New Jersey state judge on Friday nixed a malpractice action following a former United Parcel Service driver’s failure to appear for a deposition in his suit alleging his ex-lawyer did not disclose his working relationship with Day Pitney LLP, the firm that represented the delivery company in the driver's underlying racial discrimination suit.

  • October 10, 2019

    Pinnacle Can't Boot Wage Claims From Dealers' FLSA Suit

    A Missouri federal judge on Thursday refused to let Pinnacle Entertainment off the hook for claims that it cheated table dealers out of their minimum wages by diverting money from their checks to pay their gaming license fees.

  • October 10, 2019

    PIMCO Atty Slams 'Fraternity Culture' In Discrimination Suit

    A Pacific Investment Management Co. in-house attorney says the firm's "fraternity culture" routinely discriminates against women — particularly women of color — while promoting and advancing the interests of white men, according to a suit filed in California state court.

  • October 10, 2019

    What Do Trump's Orders Mean For Agency Guidance?

    The Trump administration's bid to help businesses by putting an end to "secret" rulemaking might backfire, some experts said Thursday, because it could put a damper on advice that industry relies on to comply with federal regulations.

  • October 10, 2019

    Amid Turmoil, Nissan Names New Legal Head

    Nissan Motor Co. Ltd. has replaced its legal department head, who cooperated with Japanese prosecutors before the 2018 arrest of the company's former chairman amid misconduct claims, with a longtime executive of the business, the automaker said this week.

  • October 10, 2019

    3rd Circ. Revives Wrongful Firing Case Over Wiretap Claim

    The Third Circuit on Thursday revived a First Amendment claim by a former Pennsylvania state worker who alleged that she was fired for complaining about being secretly recorded by a union official, reasoning that she was entitled to free speech protection because her report of the matter concerned the public's interest.

Expert Analysis

  • How Emotionally Intelligent AI Could Assist With E-Discovery

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    While artificial intelligence has already revolutionized the e-discovery field, the development of emotionally intelligent AI promises to explore data in an even more nuanced and human way, thereby further reducing the burden on legal teams, say Lisa Prowse and Brian Schrader at e-discovery services provider BIA.

  • Justices' View Of Their Role May Influence LGBTQ Bias Cases

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    Arguments at the U.S. Supreme Court on Oct. 8 in a trio of Title VII discrimination cases involving gay and transgender workers show the decisions may hinge on whether the justices feel they should ensure case law evolves to remain relevant or interpret the legislature’s intent, say Donna McElroy and Katina Zampas at Dykema.

  • 9th Circ. Ruling Returns Stability To Joint Employer Test

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    By applying a traditional control-type test to hold that McDonald’s was not a joint employer of its franchisee’s employees, the Ninth Circuit last week in Salazar v. McDonald’s injected a welcome dose of clarity and common sense into a volatile area of law, say Andrew Murphy and Lauren Linderman at FaegreBD.

  • Unpacking The Harvard Admissions Ruling And What's Next

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    While a Massachusetts federal judge's decision last week in Students for Fair Admissions v. Harvard is a welcome development for institutions that rely on race-conscious admission practices, it also illustrates the exhaustive steps needed to justify what are often modest uses of race, say Scott Schneider and Paige Duggins-Clay at Husch Blackwell.

  • Preventable Risks Your Law Firm May Be Overlooking

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    Although most lawyers are well-prepared to defend or justify the value of an insurance claim for clients, often law firms have not clearly identified their own potential liabilities, planned for adequate insurance or established prudent internal risk management practices, says Victor Sordillo at Sompo International.

  • 6 Ethics Tips For Attorneys Making Lateral Transfers

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    With lateral transfers between law firms on the rise, it is more important than ever for partners to understand the steps they must take to adhere to ethics rules and other requirements when making a transition, say attorneys at Harris Wiltshire.

  • Options For Calif. Franchisors After New Contractor Standards

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    Recent judicial and legislative developments in California that make it harder to classify workers as independent contractors have left franchisors with lots of questions, but some safeguards may lessen the risk of liability when franchisees fail to comply with labor laws, say Jonathan Solish and Glenn Plattner at Bryan Cave.

  • How SAG-AFTRA Altered Its Deal With Signatory Cos.

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    The Screen Actors Guild-American Federation of Television and Radio Artists union recently reached an agreement with six companies covering the hiring of talent for commercials, but there are reasons to think the deal may not necessarily result in more union productions and union jobs, says Brian Murphy of Frankfurt Kurnit.

  • Philadelphia Is Emerging As A Leader On Workplace Regs

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    Following a minimum wage increase and new pay equity and ban the box laws enacted over the last few years, the Philadelphia City Council recently passed two more workplace statutes, demonstrating a trend that has thrust the city to the forefront of municipalities instituting worker protections, say Rick Grimaldi and Samantha Bononno at Fisher Phillips.

  • Opinion

    Erosion Of Bristol-Myers Test In Class Actions Is Misguided

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    In two pending class actions, the Seventh Circuit and the D.C. Circuit may be slated to water down the U.S. Supreme Court's Bristol-Myers holding that state courts do not have specific, personal jurisdiction over nonresident plaintiffs' claims, even though there is no policy justification for treating class actions differently, say attorneys at Skadden.

  • Employers Look To NJ High Court For Clarity On Medical Pot

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    The New Jersey Supreme Court’s upcoming decision in Wild v. Carriage Funeral Holdings will implicate and affect not only the state’s authorizing statute for medical cannabis, but also its anti-discrimination law and a new statute that expanded protections for workers who use medical marijuana, says Ruth Rauls of Saul Ewing.

  • Bid Protest Spotlight: Task-Order Value, Discretion, OCIs

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    In this month's bid protest roundup, Sandeep Nandivada of Morrison & Foerster looks at two September decisions from the U.S. Government Accountability Office, covering task-order jurisdiction and agency discretion to implement corrective action, and one from the U.S. Court of Federal Claims on standards for organizational conflicts of interest.

  • NY Pay Frequency Ruling May Expand Employer Liability

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    In Vega v. CM & Associates Construction Management, a New York appellate court recently recognized for manual workers a private cause of action and the ability to recover liquidated damages when they have been paid late, a decision that could lead to an uptick in pay frequency claims, say Leni Battaglia and Melissa Rodriguez at Morgan Lewis.

  • State Net

    Battles Still Rage Over Calif. Data, Worker Classification Laws

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    California is set to be reshaped soon by two pieces of legislation — one on data privacy, and one on worker classification — but numerous attempts by lawmakers to amend both laws, and the possibility of ballot measures that may further alter them, are clouding the picture, says Rich Ehisen of State Net Capitol Journal.

  • 10th Circ. Ruling Is Cogent Reminder Of Employer ADA Duties

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    In Mestas v. Town of Evansville, the Tenth Circuit demonstrated that employers must recognize when an employee’s statements constitute an accommodation request under the Americans with Disabilities Act, even if they are not explicitly phrased that way, says Linda Dwoskin at Dechert.