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A split D.C. Circuit panel decided Friday that waste management company Browning-Ferris’ appeal of the Obama-era expansion of the National Labor Relations Board’s joint employer standard is back on, saying “extraordinary circumstances” trumped a previous order that kicked the case back to the NLRB.
National Labor Relations Board General Counsel Peter Robb chastised three board members Thursday for excluding member Bill Emanuel from a decision vacating a landmark joint employer ruling over his purported conflicts, calling the action “unprecedented” and saying the member should have been allowed to decide for himself whether to recuse.
A former Ford worker who claimed he was harassed over his Arab background won nearly $17 million, a woman sued her former employer after she was fired when images of her making an obscene gesture at President Donald Trump’s motorcade went viral, and the NAACP Legal Defense and Educational Fund asked the U.S. Supreme Court to review an Eleventh Circuit ruling that said it’s not race discrimination to deny jobs to workers who wear dreadlocks. Here, Law360 looks at these and other recent employment law-related developments attorneys may have missed.
An Illinois federal jury on Friday declined to award a woman damages over her claim that a Federal Express Corp. manager denied her a promotion because she is a woman.
A split Texas Supreme Court on Friday tossed a gym teacher’s sexual harassment and retaliation claims against Alamo Heights Independent School District, holding there wasn’t enough evidence to support her claims that the alleged harassment she endured by superiors of the same sex constituted discrimination based on gender.
An Ohio federal judge Friday said that the U.S. Department of Labor violated the Fourth Amendment rights of a federal subcontractor working on a Washington, D.C., military hospital by fast-tracking an investigation into alleged mistreatment of African-American employees.
The Pennsylvania Human Relations Commission — the agency tasked with enforcing the state’s anti-discrimination laws — itself declined to hire a longtime official for the agency’s executive director position because he was African-American, a federal jury determined Friday.
Fidelity National Title Group urged a California state appeals court Friday to toss a $1.2 million emotional distress verdict won by a former in-house attorney who alleged she was forced out for being pregnant, arguing that her emotional distress damages can’t survive because the jury didn’t find that Fidelity discriminated.
WAGE & HOUR
The Second Circuit on Friday trimmed some damages from nearly $1 million awarded to the former domestic servant of a Bangladeshi diplomat accused of keeping the man in “a state of slavery,” saying a Manhattan federal judge erred in awarding cumulative damages under both state and federal law for the same activity.
MLB Advanced Media allegedly poached a key employee from the tech partner that invented now-ubiquitous strike-zone and pitch-path graphic tracking, flouted a lucrative licensing deal, and trod on the partner’s patented IP for the entire 2017 season, according to a dramatic new lawsuit filed in New York federal court on Friday.
Quinn Emanuel Urquhart & Sullivan LLP on Thursday asked a California federal judge not to disqualify the firm from representing Faraday & Future Inc. in its trade secrets suit against EVelozcity Inc., saying its attorneys and two in-house lawyers from the electric car startup who talked before the suit was filed were just old friends and did not share confidential information.
The importance of millennials in the workforce is reshaping the benefits landscape and has companies scrambling to come up with novel ways to accommodate a mobile generation that craves a healthy work-life balance. Here, experts discuss some of the creative benefits that are being put on the table and the potential legal pitfalls they face.
U.S. Environmental Protection Agency Administrator Scott Pruitt’s deregulatory push has spawned a predictable flurry of lawsuits from green groups, but Pruitt may face legal battles on a different and perhaps unexpected front if agency workers who reportedly took flack after raising concerns about his actions decide to file whistleblower claims.
Counsel for the whistleblower leading litigation accusing KBR Inc. and Halliburton Co. of overcharging the military for water purification services wrote to the U.S. Supreme Court to inform the justices that the man has died, saying the case should live on, as he wanted.
The U.S. Department of Labor’s Mine Safety and Health Administration should have done more to prevent a deadly 2010 explosion at a West Virginia mine operated by a Massey Energy Co. subsidiary, the widow of one of the 29 coal miners killed in the incident alleged Thursday, on its eight-year anniversary.
An Ohio appeals court on Friday revived an employment suit brought by a nurse fired for being involved in the accidental disposal of a kidney to be transplanted between siblings, saying an arbitration provision effectively barred the trial judge from ruling on a wrongful termination claim.
Bankrupt Level Solar Inc. hit back hard on Thursday against a bid by its former CEO to convert its restructuring to a liquidation, calling the request a “litigation tactic” by “someone who expects to be sued” and telling a New York bankruptcy court the reorganization is going swimmingly.
A Marriott hotel in suburban Chicago got slapped with a putative class action in Illinois state court Thursday claiming it has collected, stored and shared employee information gathered through its finger-scan timekeeping technology in violation of state biometric privacy law.
The U.S. Supreme Court’s ruling in Encino Motorcars v. Navarro positions employers to better defend their Fair Labor Standards Act classification decisions, and provides a possible basis for employers to challenge a host of judicial interpretations of other employee rights statutes, say Ellen Boshkoff and Samantha Rollins of Faegre Baker Daniels.
The U.S. Department of Labor’s fiduciary rule has been challenged in court by various organizations on grounds that the agency exceeded its authority in promulgating it. Those challenges culminated in a recent decision by the Fifth Circuit to vacate the rule in U.S. Chamber of Commerce v. DOL, say Robert Stone and Shannon Smith of Katten Muchin Rosenman LLP.
There has been, of late, significant dispute as to the application of the unfinished business doctrine, particularly with respect to hourly rate matters of now-dissolved large law firms. And the California Supreme Court’s recent decision in Heller Ehrman, like others as to similar points, is highly questionable, says Thomas Rutledge of Stoll Keenon Ogden PLLC.
Layoffs have hit the American Bar Association following years of declining membership rates, with approximately 4 percent of its workforce expected to get a pink slip or accept a voluntary buyout by mid-April as major organizational changes are implemented.
Despite a gain of 400 jobs in March, the legal services sector has struggled to pick back up after job losses recorded at the beginning of the year, finishing the first quarter with more than 1,000 fewer jobs than at the end of 2017, according to a report on Friday by the Bureau of Labor Statistics.
Leaders of corporate legal departments looking to select their next in-house attorneys, either to replace outgoing lawyers or expand their staffs, are prioritizing certain professional skills above others. Here, experts shared the characteristics that could boost lawyers’ resumes when applying for in-house roles this year.
An analysis found that women earn less than men in nearly every occupation across all wage levels, Facebook now estimates the data of roughly 87 million users — not the previously believed 50 million — was improperly shared with Cambridge Analytica, and a survey revealed that general counsels would prefer to bring additional talent in-house rather than rely on outside counsel. These are some of the stories in corporate legal news you may have missed in the past week.
On the latest episode of Law360’s Pro Say podcast, we discuss a major case headed to trial over whether college athletes should be paid; a U.S. Supreme Court ruling on overtime pay; a judge saying courts improperly used the fees from PACER; and an Iowa man who was threatened with lawsuits when he said his town smelled like “rancid dog food.”
For those who missed out, here’s a look back at the law firms, stories and expert analyses that generated the most buzz on Law360 last week.
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