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Employment
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August 19, 2024
Littler Adds Epstein Becker Employment Atty In Los Angeles
Labor and employment firm Littler Mendelson PC is expanding its West Coast team, announcing Monday that it is adding an Epstein Becker Green expert in unfair competition as a shareholder in its Los Angeles office, located in Century City.
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August 19, 2024
Doctor Accused Of Taking Connecticut Practice's Patient Data
An obstetrician-gynecologist took trade secrets including confidential patient information when she left a Connecticut practice, and solicited its employees and "hundreds" of patients to come to her new competing business, according to a lawsuit in state court.
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August 19, 2024
GOP Rep. Fostered Homophobic Workplace, Ex-Staffer Says
A former congressional staffer slapped a Republican lawmaker from Texas with a federal lawsuit claiming he was bullied, denied training opportunities and ultimately forced to quit because he is gay.
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August 19, 2024
FTC Says Albertsons Execs Deleted Texts About Merger
The Federal Trade Commission accused executives from Albertsons of deleting text messages about the supermarket chain's planned megamerger with Kroger, saying the messages likely contained valuable internal views about the effects of the $25 billion deal.
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August 19, 2024
Recipe Changing For NYC Restaurant Wage Suits
After years of million-dollar settlements with their waiters and front-of-house staff, most of New York’s large restaurants have equipped themselves with attorneys and compliance pros to head off potential lawsuits, while mom-and-pop eateries often struggle to keep up with evolving wage and tipping rules.
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August 19, 2024
Biotech Consultant Sues Ex-Partner To Force $2.5M Share Buy
Life sciences consulting firm BioPoint is asking a Massachusetts judge to order a former partner to sell back $2.5 million worth of shares in the closely held company following his ouster, according to a lawsuit filed in state court.
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August 19, 2024
Security Co. Can't Toss Worker's Sex Harassment Suit
A Maryland federal judge has declined to throw out the bulk of a woman's suit against a Baltimore utility and a security firm alleging that she was fired for ending a sexual relationship with her supervisor, only tossing her wrongful termination claim.
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August 19, 2024
DTE Energy Looks To Sink Workers' Login Pay Suit
Energy company DTE Energy told a Michigan federal court that customer service employees who sued it for unpaid off-the-clock work received more than double the minimum wage and that federal labor law preempts their breach of contract claims, arguing their suit can't stand.
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August 16, 2024
Justices Reject Biden Bid To Reinstate Gender Identity Rule
The U.S. Supreme Court on Friday refused for now to lift lower court orders blocking the U.S. Department of Education from enforcing its new interpretation of Title IX intended to protect LGBTQ+ students from discrimination based on gender identity, handing a win to several Republican-led state challengers.
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August 16, 2024
Humana To Pay $90M To End 8-Year Medicare Drug FCA Battle
Humana Inc. has agreed to pay the federal government $90 million to settle long-running False Claims Act allegations it submitted fraudulent bids for Medicare prescription drug deals, Phillips & Cohen LLP said Friday in announcing the "first case of its kind" to resolve allegations of fraud in the Medicare Part D contracting process.
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August 16, 2024
NJ Agency Nixes City's 3rd Police Firing For Cannabis Use
Another New Jersey police officer who was fired for off-duty marijuana use must be reinstated, a state commission has ordered, finding it doesn't matter that the officer failed to disclose reliance on cannabis for medical purposes before a screening or that the usage at issue was technically recreational.
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August 16, 2024
49ers Can't Beat Data Breach Suit, But Damages In Question
A California federal judge has rejected the San Francisco 49ers bid to toss a proposed class action claiming that the NFL team didn't protect 20,000 current and former employees' personal information from hackers, but he said a filing issue could put California Consumer Privacy Act statutory damages out of reach.
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August 16, 2024
HP Moves Washington Pay Transparency Suit To US Court
HP has joined the list of major companies to be hit with proposed class claims for allegedly failing to include pay ranges in job postings, in violation of Washington state wage disclosure laws, according to a lawsuit moved to Seattle federal court on Thursday.
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August 16, 2024
Ex-Twitter Workers Seek Conditional Cert. In Age Bias Suit
Counsel for a former Twitter employee urged a California federal judge at a hearing Friday to conditionally certify a proposed age discrimination collective action on behalf of workers 50 and older who were fired after Elon Musk acquired the company, pointing to Musk's remarks as evidence of bias.
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August 16, 2024
Employment Authority: Potential Issues With 'No Tax On Tips'
Law360 Employment Authority covers the biggest employment cases and trends. Catch up this week with coverage on the potential implications of proposals from former President Donald Trump and Vice President Kamala Harris to do away with federal taxes on tips in certain industries, advice for employers as worker accommodation requests linked to commuting increase and how the future of federal labor policy is uncertain as polling shows a closer race between Trump and Harris.
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August 16, 2024
Feds Get Boost From Dem Reps In 5th Circ. PWFA Fight
The federal government's Fifth Circuit challenge to a court order blocking it from enforcing a law to protect pregnant workers in Texas got support on Friday from four Democratic lawmakers who argued the lower court ruling, if upheld, would undercut Congress' authority to set its own rules of operation.
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August 16, 2024
Agency Didn't Dupe Court In Worker's Suit, Mich. Panel Says
A Michigan state appeals court refused to upend a Detroit housing agency's defeat of a former property manager's allegation that it fired him without using a progressive discipline system established by his collective bargaining agreement, saying the worker failed to show that his former employer purposely misled the court.
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August 16, 2024
Feds Drop Extortion Case Against Convicted Ex-Labor Leader
Federal prosecutors want to dismiss their extortion case against former International Brotherhood of Electrical Workers Local 98 business manager John Dougherty, who was convicted of bribery and embezzlement and sentenced to six years in prison, but whose trial on charges related to allegedly threatening a contractor ended with a hung jury.
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August 16, 2024
Servers Get Partial Win In Tip Suit Against Restaurant Chain
Servers claiming a restaurant chain violated tip credit regulations can snag a partial win in their suit, an Ohio federal judge ruled, saying they performed enough untipped work, but they didn't spend enough time performing tip-supporting tasks.
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August 16, 2024
Carpenters Union Healthcare Plan Seeks To Ax Worker's Suit
A Carpenters-represented worker who lost health insurance once the union's healthcare plan stopped working with his employer lacks standing to sue the plan, the plan and its trustees argued in California federal court, suggesting the worker raise the issue with his employer or the union itself.
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August 16, 2024
Judge Bounces Bad Bunny Sports Agency Suit To Arbitration
The sports agency linked to music megastar Bad Bunny must arbitrate its dispute over certification of its agents with the Major League Baseball Players Association, after a Puerto Rico federal judge ruled the union's arbitration language is valid.
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August 16, 2024
Farmers Insurance Hits Former Agents With Trade Secrets Suit
Farmers Insurance on Friday filed a lawsuit in Colorado federal court accusing two of its former agents of walking away from the company with trade secrets to divert customers to their own agency with a third former Farmers agent.
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August 16, 2024
7th Circ. Limits Collectives' Reach In H-2A Workers' OT Case
Collective suits are similar to mass actions consolidating individual cases, a split Seventh Circuit panel found Friday, ruling in a Fair Labor Standards Act overtime suit from H-2A temporary agricultural workers that a court needs to establish jurisdiction over each member of the collective.
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August 16, 2024
Off The Bench: WNBA Suit, Olympic Fallout, Swimming Ban
In this week's Off The Bench, a WNBA star accuses her former team of discrimination for trading her once she became pregnant, questions swirl around the revocation of a U.S. gymnast's Olympic medal, and a BigLaw investigation prompts the University of Notre Dame to suspend its men's swimming program.
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August 16, 2024
6th Circ. Nixes Union Local's Win In Steel Co. Benefit Row
The Sixth Circuit has reversed a judgment that a reinforced-steel contractor owes about $2 million in unpaid fringe benefit contributions to journeymen who traveled from other states to work on a project in Michigan, finding there was insufficient evidence to support the award.
Expert Analysis
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What Employers Need To Know About Colorado's New AI Law
The Colorado AI Act, enacted in May and intended to regulate the use of high-risk artificial intelligence systems to prevent algorithmic discrimination, is broad in scope and will apply to businesses using AI for certain employment purposes, imposing numerous compliance obligations and potential liability, say Laura Malugade and Owen Davis at Husch Blackwell.
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Opinion
Paid Noncompetes Offer A Better Solution Than FTC's Ban
A better alternative to the Federal Trade Commission's recent and widely contested noncompete ban would be a nationwide bright-line rule requiring employers to pay employees during the noncompete period, says Steven Kayman at Rottenberg Lipman.
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How Associates Can Build A Professional Image
As hybrid work arrangements become the norm in the legal industry, early-career attorneys must be proactive in building and maintaining a professional presence in both physical and digital settings, ensuring that their image aligns with their long-term career goals, say Lana Manganiello at Equinox Strategy Partners and Estelle Winsett at Estelle Winsett Professional Image Consulting.
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Firms Must Rethink How They Train New Lawyers In AI Age
As law firms begin to use generative artificial intelligence to complete lower-level legal tasks, they’ll need to consider new ways to train summer associates and early-career attorneys, keeping in mind the five stages of skill acquisition, says Liisa Thomas at Sheppard Mullin.
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Think Like A Lawyer: Always Be Closing
When a lawyer presents their case with the right propulsive structure throughout trial, there is little need for further argument after the close of evidence — and in fact, rehashing it all may test jurors’ patience — so attorneys should consider other strategies for closing arguments, says Luke Andrews at Poole Huffman.
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Where Anti-Discrimination Law Stands 4 Years After Bostock
On the fourth anniversary of the U.S. Supreme Court's landmark Bostock ruling, Evan Parness and Abby Rickeman at Covington take stock of how the decision, which held that Title VII protects employees from discrimination because of their sexual orientation and gender identity, has affected anti-discrimination law at the state and federal levels.
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Series
Playing Chess Makes Me A Better Lawyer
There are many ways that chess skills translate directly into lawyer skills, but for me, the bigger career lessons go beyond the direct parallels — playing chess has shown me the value of seeing gradual improvement in and focusing deep concentration on a nonwork endeavor, says attorney Steven Fink.
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Crafting An Effective Workplace AI Policy After DOL Guidance
Employers should take proactive steps to minimize their liability risk after the U.S. Department of Labor released artificial intelligence guidance principles on May 16, reflecting the reality that companies must begin putting into place policies that will dictate their expectations for how employees will use AI, say David Disler and Courtnie Bolden at Porzio Bromberg.
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Patent Lessons From 7 Federal Circuit Reversals In May
A look at recent cases where the Federal Circuit reversed or vacated decisions by the Patent Trial and Appeal Board or a federal district court provide guidance on how to succeed on appeal by clarifying the obviousness analysis of design patents, the finality of a judgment, and more, say Denise De Mory and Li Guo at Bunsow De Mory.
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Litigation Inspiration: Attys Can Be Heroic Like Olympians
Although litigation won’t earn anyone an Olympic medal in Paris this summer, it can be worthy of the same lasting honor if attorneys exercise focused restraint — seeking both their clients’ interests and those of the court — instead of merely pursuing every advantage short of sanctionable conduct, says Bennett Rawicki at Hilgers Graben.
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Politics In The Workplace: What Employers Need To Know
As the 2024 election approaches and protests continue across the country, employers should be aware of employees' rights — and limits on those rights — related to political speech and activities in the workplace, and be prepared to act proactively to prevent issues before they arise, say attorneys at Littler.
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Lean Into The 'Great Restoration' To Retain Legal Talent
As the “great resignation,” in which employees voluntarily left their jobs in droves, has largely dissipated, legal employers should now work toward the idea of a “great restoration,” adopting strategies to effectively hire, onboard and retain top legal talent, says Molly McGrath at Hiring & Empowering Solutions.
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What High Court Ruling Means For Sexual Harassment Claims
In its recent Smith v. Spizzirri decision, the U.S. Supreme Court held that a district court compelling a case to arbitration is obligated to stay the case rather than dismissing it, but this requirement may result in sexual harassment cases not being heard by appellate courts, says Abe Melamed at Signature Resolution.
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NCAA Settlement May End The NIL Model As We Know It
The recent House v. NCAA settlement in California federal court, in which the NCAA agreed to allow schools to directly pay March Madness television revenue to their athletes, may send outside name, image and likeness collectives in-house, says Mike Ingersoll at Womble Bond.
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5 Steps For Gov't Contractor Affirmative Action Verification
As the federal contractor affirmative action program certification deadline approaches, government contractors and subcontractors should take steps to determine their program obligations, and ensure any required plans are properly implemented and timely registered, say Christopher Wilkinson at Perkins Coie and Joanna Colosimo at DCI Consulting.