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The U.S. Supreme Court will soon hand down eagerly anticipated decisions on class action waivers and public-sector union fees, but experts say there are several high court cases that don’t involve labor or employment law but could still have a big impact on employers. Here, experts identify three non-employment cases that employment lawyers need to keep tabs on.
When a female executive recently sued celebrity chef Mike Isabella on sexual harassment claims, she specifically called out his company for failing to train managers to recognize and stop bad behavior. Here, Law360 talks to attorneys about the rise of such claims within the restaurant industry, the efficacy of training programs and the need to change the industry’s work culture.
The Ninth Circuit ruled Friday that the clock for an employee to file suit under Title VII starts when they receive a right-to-sue notice from the U.S. Equal Employment Opportunity Commission and not when that person becomes eligible to receive such notice, reviving a sexual harassment and retaliation suit brought by a former barbershop worker.
Ogletree Deakins Nash Smoak & Stewart PC asked a federal court on Friday to transfer to the Central District of California an attorney’s $300 million proposed class action alleging the firm’s male-dominated leadership discriminates against women, saying the attorney was “forum shopping.”
A California federal judge on Friday issued sanctions against Walmart Inc. blocking part of its expert testimony in a suit by a class of 80,000 cashiers who claim the retail giant fails to provide them with state law-required seating, also denying its bid to decertify the class.
While a new program created under the federal tax overhaul that aims to provide tax benefits to investors for building and creating jobs in low-income areas is expected to succeed, many tax experts want more guidance from the IRS before projects are planned and executed.
An Arizona federal judge held that McLane Co. Inc. must give the U.S. Equal Employment Opportunity Commission workers’ personally identifiable information that was requested as part of an investigation into a bias charge, saying the grocery distributor didn’t show that the request was unduly burdensome.
A Washington, D.C., federal judge on Thursday refused to certify a class of more than 11,000 black Amtrak employees and job applicants in a nearly two-decade-old racial discrimination case, saying the classes were improperly defined and that the proposed members lacked common issues.
The Eleventh Circuit on Friday revived part of a former Crowley Maritime Corp. warehouse manager’s wrongful termination suit, ruling that she had provided enough evidence to make a case that she was fired because she asked for time off under the Family and Medical Leave Act to take care of her sick daughter.
WAGE & HOUR
A Pennsylvania state appellate court on Friday for the second time sent a dispute over attorneys’ fees in a $241 million wage-and-hour class action against Walmart Inc. back to the trial court, saying that the court hadn’t obeyed an earlier order to explain the reasons for its attorneys’ fees calculation in detail.
The U.S. Department of Labor said it has hammered out an agreement with the owners of a chain of Pennsylvania sports bar and grills that will pay 1,039 employees $750,000 in back wages and liquidated damages for minimum wages and overtime not paid to them during a 30-month period.
Wells Fargo Bank NA filed its opening brief Thursday at the Ninth Circuit to appeal a California court’s decision certifying a class of more than 2,000 home mortgage consultants and private mortgage bankers who allege that the company didn’t reimburse business expenses, arguing that the judge should have deferred to a related case.
The National Labor Relations Board on Thursday said a New Jersey health care facility violated federal law by withholding certain benefits from workers mulling unionization, reaching the same conclusion as it did prior to the Third Circuit telling the agency to rethink its decision.
The National Labor Relations Board ruled that Ascent Lounge — a high-end cocktail bar in the Time Warner Center on Columbus Circle — violated federal labor law by firing a worker who voiced group complaints about employee wages, benefits and working conditions at a staff meeting.
A pension fund for warehouse and logistics workers who supply Tops Markets LLC told a bankruptcy judge Thursday that nothing prevents the upstate New York grocer from taking part in mediation with a wholesaler over liability for millions in fund contributions.
A Fourth Circuit panel upheld a Maryland federal judge’s opinion requiring Just Born II Inc., the maker of Peeps, to pay more than $255,000 in delinquent contributions to a multiemployer pension fund on behalf of new employees, whom the candy manufacturer tried to direct to a 401(k) plan in 2015.
Sen. Chris Murphy, D-Conn., and two other Senate Democrats on Thursday unveiled legislation that would prohibit employers from locking workers into noncompete agreements and put violators on the hook for federal fines or private lawsuits.
The D.C. Circuit on Friday ruled Arch Coal Inc. can’t challenge a U.S. Department of Labor bulletin on black lung claim liability in federal district court, saying the coal producer must first go through the DOL’s administrative review process, followed by a federal appeals court.
A Syracuse, New York-based roofing contractor with a history of workplace safety violations inked a deal with the Occupational Safety and Health Administration to resolve four separate citations the company received in the past two years for exposing its employees to potentially deadly falls, the agency said Friday.
The fight over the NFL’s bid to appoint a special investigator of fraud in the $1 billion concussion settlement began heating up Friday, as firms representing players lined up on opposing sides of the proposal and newly obtained documents revealed just how bitter the disagreements among plaintiffs’ attorneys have become.
Bankrupt movie studio The Weinstein Co. objected Friday to a demand from its former CEO Harvey Weinstein for the production of a wide array of corporate documents, saying the requested materials have nothing to do with the Chapter 11 cases and are instead designed to avoid denials of the documents in other courts.
There are general rules for preparing witnesses for deposition. But what if the witness is a lawyer for a party in the case? In the Waymo v. Uber litigation, we — Uber’s counsel — had to make many tactical decisions when preparing four lawyers for deposition and trial, say Arturo González and Michelle Yang of Morrison & Foerster LLP.
An Illinois federal judge’s recent decision in Medix Staffing Solutions v. Dumrauf marks a departure from the weight of authority in the state that would traditionally allow development of a factual record before finding a noncompetition covenant overbroad, say Dan Fazio and Shane Blackstone of Winston & Strawn LLP.
Lawyers looking to cut a deal with a third-party case funder don’t have much in the way of clear ethical guidance, but here’s a pro tip from litigation investor and ethics experts: Don’t do the deal yourself.
The Texas Supreme Court on Friday ruled that a state free speech law dictates that fraud claims against an attorney by a former court opponent should be tossed because the actions that led to the lawsuit happened in court and are protected by attorney immunity.
A survey of 30 federal judges that was released Friday found that the biggest cause of e-discovery problems today is not how well lawyers use the technology, but instead a lack of adequate cooperation between parties during the process.
The world of legal technology is quickly evolving, with new products coming to market in rapid succession. Here, Law360 takes a look at seven recent developments.
Big things have been happening at the Supreme Court this week, so on the latest episode of Law360’s Pro Say podcast we spend the entire show breaking down the developments. We dive in to the hot-button moments from the oral argument over President Trump’s immigration travel ban, discuss a beef between Justices Gorsuch and Breyer over Chevron deference, and explain two important patent rulings.
Top Democratic representatives and senators on the labor appropriations subcommittees told the National Labor Relations Board’s general counsel they were concerned about his apparent discussions with a Littler Mendelson PC attorney, a panel of three general counsels from major technology companies underscored the importance of corporate attorneys increasingly driving business strategy, and a jury found an Atlanta attorney who shot his wife guilty of felony murder. These are some of the stories in corporate legal news you may have missed in the past week.
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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