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Kalpana Kotagal, a civil rights and employment partner at Cohen Milstein Sellers & Toll PLLC, had already switched off the TV on Sunday night when Frances McDormand took the stage at the Academy Awards and drew the world’s attention to her work.
American Sugar Holdings Inc. discriminated against an employee when it created a hostile work environment because she was a woman, a New York federal jury found Friday, awarding the employee $13.4 million in damages.
The Fourth Circuit ruled Monday that a food packaging company can’t be held liable for one of its workers sexually harassing a colleague because her suit lacked specifics and she voluntarily quit before the company had a chance to properly investigate her complaints.
BNSF Railway Co. regarded an applicant for an equipment operator job as a “ticking time bomb” when it denied him a job over concerns his obesity would cause an accident, an Illinois federal judge said Monday in an order denying the company’s bid for a quick win in the applicant’s discrimination suit.
The California Supreme Court ruled Monday that a dissolved law partnership is not entitled to profits from former partners’ continued work on hourly fee matters, in a long-fought battle stemming from the Heller Ehrman LLP dissolution.
The wife of the ex-Akin Gump Strauss Hauer & Feld LLP attorney who admitted to trying to sell U.S. Department of Justice information asked a California federal judge to pass on sentencing him to jail and send him on a speaking tour instead, saying Monday that his kids need him at home.
WAGE & HOUR
The California Supreme Court on Monday said the overtime rate for workers paid a flat bonus should be based on their nonovertime hours in a pay period and not their total hours, siding with a warehouse worker who urged the court to adopt the state labor department’s formula even though the agency’s math isn’t binding per a previous order.
A former ESPN legal analyst leveled a litany of sexual harassment and retaliation claims against the network and its brass Sunday, alleging it has long condoned widespread sexual harassment against female employees and let her go after she complained about unwanted advances made toward her by a SportsCenter anchor.
An Illinois federal judge issued a mixed ruling Friday in a retaliation suit against UPS by both a wife and a husband who were fired a year apart, saying United Parcel Service was not put on proper notice of the husband’s claim during a required pre-suit process, but also opened discovery as to the wife’s claim.
Using hair samples to test for drug use could lead to more false positive results for black job candidates, experts testified Monday at the start of a Massachusetts federal court bench trial on a long-standing claim by prospective and former Boston police officers that could have a wide-ranging impact on employee drug screening.
New Jersey lawmakers advanced a bill Monday to bar nondisclosure agreements preventing employees from speaking about their settlement of sexual harassment suits, legislation spurred by the outing of workplace misconduct allegations in Hollywood in recent months.
A group of women who allege they’ve suffered all manner of sexual harassment at their jobs in Chicago’s two Ford plants took their complaints to a task force composed of Illinois state senators and others Monday, urging lawmakers to pass legislation they believe will help their case and prevent abuse from happening to others in the future.
The U.S. Supreme Court on Monday declined to review a Ninth Circuit ruling that an Oregon port terminal operator couldn’t bring an antitrust counterclaim against the International Longshore and Warehouse Union and the Pacific Maritime Association in a long-running dispute over longshoremen’s work in Portland.
The U.S. Supreme Court on Monday declined to review a bid by a technology workers union to challenge the reduction of its requested attorneys’ fees by 91 percent after it won a rule challenge against the U.S. Department of Homeland Security over work requirements for F-1 student visa holders.
IBM told a New York federal judge Monday that it has settled a lawsuit against a former top executive the company claimed violated a yearlong noncompete agreement when she accepted a job as Microsoft’s chief diversity officer.
A West Virginia federal judge on Monday granted class certification to more than 100 former employees at a coal strip mine who were fired, allegedly without proper notice, saying the plaintiffs presented a common issue.
A New York federal judge Monday rejected a jury’s award of $1.1 million to a former JPMorgan Chase & Co. wealth manager who accused the bank of unlawful retaliation, ordering a retrial because the manager hadn’t tried hard enough to find a new job and the jury’s verdict was “infected by passion and prejudice.”
The U.S. Supreme Court asked the U.S. solicitor general on Monday to weigh in on whether the justices should consider, for the second time, a whistleblower case alleging KBR Inc. and Halliburton Co. overcharged the military for water purification services, previously tossed under the False Claims Act’s first-to-file bar.
Gilead Sciences Inc. is trying to escape a multibillion-dollar False Claims Act suit by wrongly asserting that the federal government clearly kept buying drugs despite knowledge of manufacturing violations, whistleblowers told the U.S. Supreme Court on Monday.
The Occupational Safety and Health Administration said Friday it is pushing back until May the effective date of parts of a rule limiting workers’ exposure to beryllium, an industrial byproduct linked to lung disease, while it negotiates with manufacturers and groups that have sued over the rule.
A Florida federal judge granted class certification in a suit claiming that a medical equipment supplier violated the Fair Credit Reporting Act by obtaining consumer background checks on hundreds of employees and job applicants without proper disclosure and authorization.
It goes without saying that the Second Circuit’s recent ruling that Title VII prohibits discrimination on the basis of sexual orientation in Zarda v. Altitude Express is imbued with significant cultural, political and constitutional implications. But it also begs the question: How should practitioners view the decision from a practical legal standpoint? ask John Richards and Brett Janich of Greenberg Traurig LLP.
There is a view shared by some compliance professionals that the employee safe harbors of the federal Anti-Kickback Statute permit employers to do that which the law fundamentally prohibits — pay for referrals. However, it is far from clear that this is a safe or wise interpretation, says Geoffrey Kaiser of Rivkin Radler LLP.
The Fifth Circuit continued the jurisprudential renaissance of personal jurisdiction decisions with Sangha v. Navig8 Shipmanagement Private Limited, a recent maritime ruling that has implications for jurisdictional disputes in all substantive areas. The Sangha dicta may result in a second wave of removals under Hercules, says Christopher Hannan of Baker Donelson Bearman Caldwell & Berkowitz PC.
A Florida federal court’s recent decision in Morris-Huse v. Geico demonstrates that regardless of how broad telecommuting becomes as a viable disability accommodation option, it will not be appropriate for all jobs, and highlights the importance of evaluating disability accommodation requests on a case-by-case basis, says Sara Jodka of Dickinson Wright PLLC.
LEXIS PRACTICE ADVISOR
The Fair Credit Reporting Act lends itself well to class litigation because it provides for statutory damages and attorneys’ fees. In the final part of this article, James Boudreau and Christiana Signs of Greenberg Traurig LLP discuss several aspects of FCRA-related employment litigation including challenges connected to discovery, depositions and summary judgment.
The largest and most financially successful law firms in the U.S. have consistently raised rates over the past few years at a faster pace than the rest of the industry. Here, Law360 takes a look at how they’ve done it without scaring clients away and how others may be able to follow in their footsteps.
The Senate approved President Donald Trump’s choices for open judgeships in Texas and Georgia on Monday, including a former pick by President Barack Obama for the Lone Star State.
Since becoming senior vice president and general counsel of Northeastern University in 2011, former Boston District Attorney Ralph Martin II has learned that the city school is a large, research, urban-based academic institution with global reach that emphasizes cooperative education. Here, he shared with Law360 details about his diverse and engaging workday and his approach to explaining complicated legal matters to nonlawyers.
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