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Employment
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July 10, 2024
Atlanta, Ex-Worker Want Trial Rescheduled In Retaliation Case
The city of Atlanta and a former city department head who says she was fired after blowing the whistle on failures in its immigrant outreach services asked a Georgia federal judge on Tuesday to reschedule a jury trial set to start in August to allow time for private mediation.
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July 10, 2024
Ohio Hospital Beats Fired Worker's COVID Testing Bias Suit
An Ohio federal judge tossed a pharmacist's suit claiming a children's hospital flouted her beliefs by firing her after she refused the COVID-19 vaccine and weekly testing on religious grounds, ruling that she wasn't owed an accommodation that could have hurt hospital business.
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July 09, 2024
Ex-SF Transit Worker Tearfully Tells Of Vax-Mandate Firing
A former San Francisco Bay Area train system police department member who claims the transit agency religiously discriminated with its COVID-19 vaccination mandate testified tearfully on Tuesday that he felt guilt and anxiety after losing his job, saying his family almost had to sell their home.
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July 09, 2024
With Chevron's End, LGBTQ+ Healthcare Regs Face New Risk
The end of Chevron deference is already disrupting regulation meant to protect LGBTQ+ access to healthcare, with three federal judges blocking enforcement of a Biden administration rule prohibiting discrimination based on gender identity in healthcare.
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July 09, 2024
6th Circ. Won't Revive Pilots' COVID Vax Preemption Fight
The Sixth Circuit on Tuesday refused to revive a putative class action by Kalitta Air pilots who were fired over their refusal to get the COVID-19 vaccine, finding that the Railway Labor Act precludes the court from hearing their failure-to-accommodate and disability discrimination claims, which must be resolved through arbitration instead.
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July 09, 2024
Disbarred Ohio Atty Cops To Landing Law Jobs With Fake IDs
A disbarred Ohio attorney admitted Tuesday to using false identities — including information belonging to his father, girlfriend and a dead man — to snag high-paying gigs or job offers from at least seven different law firms, the U.S. Department of Justice said in a statement.
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July 09, 2024
BCBS Unit Fails To Stop Religious Vaccine Objector Suits
A Blue Cross Blue Shield of Michigan subsidiary can't escape claims it treated differently employees who sought accommodations from a COVID-19 vaccine mandate, a Michigan federal judge ruled Tuesday, finding it plausible that religious discrimination "was at least a motivating factor" in the way the workers were dealt with.
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July 09, 2024
DC Circ. Dings NLRB's Analysis In Pot Co.'s Certification Fight
The National Labor Relations Board must explain why it applied one legal test over another when analyzing whether a union representation election at a Chicago cannabis dispensary was fair, the D.C. Circuit said Tuesday, sending the dispensary's challenge to union certification back to the board.
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July 09, 2024
CBD Cos. Tell Justices RICO Can't Cover Personal Injury
A trio of CBD companies on Tuesday urged the U.S. Supreme Court to find that a trucker fired for a positive drug test cannot bring a personal injury claim under the Racketeer Influenced and Corrupt Organizations Act.
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July 09, 2024
5th Circ. Presses SEC On Whistleblower Award Calculation
The Fifth Circuit heard oral arguments Tuesday in a case accusing the U.S. Securities and Exchange Commission of shortchanging two whistleblowers who uncovered the largest fraud in Texas history, with one judge pressing the agency's attorney over how much money it was able to collect after the fraudster declared bankruptcy.
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July 09, 2024
Miracle-Gro Scores Early Win In Benefits Cutoff Suit
Scotts Miracle-Gro notched an early win in a former worker's lawsuit alleging she was forced out when her health benefits were cut after she asked to work remotely following a bout of COVID-19, with a Georgia federal judge ruling Tuesday her position necessitated in-person attendance.
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July 09, 2024
Calif. Tribe Wants Nix Of Casino Card Check Arbitration Award
An arbitration award that required a California tribe to comply with a union authorization card check process at a casino should be nixed, the tribe has told a federal judge, arguing a tribal ordinance mapping out a procedure for a secret ballot election must be followed instead.
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July 09, 2024
3rd Circ. Questions DuPont Family Trust's ERISA Status
In a hearing Tuesday about a dispute between the DuPont family and its domestic workers over trust money, Third Circuit judges quizzed both sides on the level of involvement needed from trustees or the family for the fund to be considered a plan covered by the Employee Retirement Income Security Act.
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July 09, 2024
Ex-Cardinals VP Bristles At Arbitration Bid In Defamation Case
The Arizona Cardinals cannot claim that the arbitration clause in NFL employee contracts covers the defamation allegations by former team vice president Terry McDonough because the defamation by the team, its law firm and public relations firm took place after he stopped working for them, McDonough told an Arizona federal court.
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July 09, 2024
CIT Finds Labor Issues Don't Justify Penalty Evasion Ruling
The U.S. Court of International Trade backed U.S. Customs and Border Protection's decision not to penalize an importer that allegedly threatened workers against speaking with officials investigating potential duty evasion, saying the purported misconduct hadn't hampered the probe.
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July 09, 2024
No Conflict For Ballard Spahr In Ex-Union Leader's Bribe Case
A Pennsylvania federal judge on Tuesday rejected a claim by former Philadelphia union leader and convicted felon John "Johnny Doc" Dougherty that his Ballard Spahr LLP defense team marred its representation of him in a bribery prosecution because of a conflict of interest with Comcast.
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July 09, 2024
Ex-Uber Driver Urges 9th Circ. To Rehear Race Bias Suit
An Asian former Uber driver is asking the Ninth Circuit to overturn a panel's June ruling finding he failed to support his allegations that the ride-hailing giant's rating system is racially biased, saying the court held him to too high of a standard.
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July 09, 2024
$2.4 Million Crate & Barrel BIPA Deal Gets Final OK
A Cook County judge on Tuesday gave his final signoff to a $2.4 million deal ending litigation accusing Crate & Barrel of violating Illinois' biometric privacy law by requiring employees at its stores to scan their fingerprints to track their time worked without first securing their written, informed permission.
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July 09, 2024
Ex-Worker Says She Was Assaulted By Fulton Court Staffer
A former Fulton County Clerk of Superior and Magistrate Courts employee has filed a lawsuit against the clerk and county for allegedly protecting and enabling a senior staff member who she says sexually assaulted and harassed her.
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July 09, 2024
Jackson Lewis Snags Proskauer Atty In NYC Office
Nationwide employment law firm Jackson Lewis PC announced Tuesday that it has hired a former Proskauer Rose LLP associate as a principal in its New York City office.
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July 09, 2024
Weinstein May Face Nov. Retrial As DA Vets New Rape Claims
Manhattan prosecutors Tuesday said November is a "realistic" date for Harvey Weinstein's retrial on rape charges as they continue to investigate new claims that the disgraced Hollywood producer assaulted other women, saying they expect to seek a superseding indictment by late September.
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July 09, 2024
Alaska Senators Condemn District Judge After Resignation
Alaska's two Republican senators reprimanded the federal judge from their state who was found by a special committee to have created a hostile work environment and had an "inappropriately sexualized relationship" with one of his clerks, and has resigned.
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July 09, 2024
DOL Says It Can Regulate Foreign Farmworkers' Wages
The U.S. Department of Labor has argued that it has had the authority to regulate wages for foreign H-2A farmworkers for about 40 years, telling a Georgia federal court that 17 Republican attorneys general and two entities cannot halt a rule that just went into effect.
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July 09, 2024
Ex-NLRB Atty Rejoins Ogletree After In-House Stint
After a busy month of expansion, management-side labor and employment firm Ogletree Deakins Nash Smoak & Stewart PC announced Monday that it is welcoming a shareholder back to the firm following his in-house stint with wholesale grocery distributor UNFI.
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July 09, 2024
Medical Office Manager Gets 5 Years For Tax, Mail Fraud
The former office manager of an Illinois medical practice was sentenced to five years in federal prison and ordered to pay $3 million in restitution — most of it to his former employer — after admitting to filing a false tax return and stealing from the practice.
Expert Analysis
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Takeaways From NLRB Advice On 'Outside' Employment
Rebecca Leaf at Miles & Stockbridge examines a recent memo from the National Labor Relations Board’s Division of Advice that said it’s unlawful for employers to restrict secondary or outside employment, and explains what companies should know about the use of certain restrictive covenants going forward.
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What Recent Study Shows About AI's Promise For Legal Tasks
Amid both skepticism and excitement about the promise of generative artificial intelligence in legal contexts, the first randomized controlled trial studying its impact on basic lawyering tasks shows mixed but promising results, and underscores the need for attorneys to proactively engage with AI, says Daniel Schwarcz at University of Minnesota Law School.
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Shaping Speech Policies After NLRB's BLM Protest Ruling
After the National Labor Relations Board decided last month that a Home Depot employee was protected by federal labor law when they wore a Black Lives Matter slogan on their apron, employers should consider four questions in order to mitigate legal risks associated with workplace political speech policies, say Louis Cannon and Cassandra Horton at Baker Donelson.
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What To Know About Employee Retention Credit Disclosures
Employers that filed potentially erroneous employee retention credit claims should take certain steps to determine whether the IRS’ voluntary disclosure program is a good fit and, if so, prepare a strong application before the window closes on March 22, say attorneys at Dentons.
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2026 World Cup: Companies Face Labor Challenges And More
Companies sponsoring or otherwise involved with the 2026 FIFA World Cup — hosted jointly by the U.S., Canada and Mexico — should be proactive in preparing to navigate many legal considerations in immigration, labor management and multijurisdictional workforces surrounding the event, say attorneys at Morgan Lewis.
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5 Things Trial Attorneys Can Learn From Good Teachers
Jennifer Cuculich at IMS Legal Strategies recounts lessons she learned during her time as a math teacher that can help trial attorneys connect with jurors, from the importance of framing core issues to the incorporation of different learning styles.
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Avoiding Jurisdictional Risks From Execs' Remote Work
Following a California federal court's recent decision in Evans v. Cardlytics — where the case was remanded to state court because the company’s executives worked remotely in California — there are several steps employers can take to ensure they will not be exposed to unfavored jurisdictions, says Eric Fox at Quarles & Brady.
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11th Circ. FMLA Ruling Deepens Divide Over Causation
The Eleventh Circuit's recent ruling in Lapham v. Walgreen distinguishes the circuit as the loudest advocate for the but-for causation standard for assessing Family and Medical Leave Act retaliation claims, though employers in other jurisdictions may encounter less favorable standards and the U.S. Supreme Court will likely have to address the circuit split eventually, say attorneys at Benesch.
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What Workplace Violence Law Means For Texas Healthcare
While no federal laws address violence against healthcare workers, Texas has recently enacted statutory protections that take effect later this year — so facilities in the state should understand their new obligations under the law, and employers in other states would be wise to take notice as well, say attorneys at Bradley Arant.
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Handling Neurodivergence As The Basis Of Disability Claims
Three recent discrimination claims in Rhode Island and New Jersey show how allegations of adverse treatment of neurodivergent individuals will continue to be tested in court, so employers should create an environment that welcomes the disclosure of such conditions, says Ting Cheung at Sanford Heisler.
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Employers Should Take Surgeon's Sex Bias Suit As A Warning
A Philadelphia federal jury's recent verdict in a sex bias suit over Thomas Jefferson University's inaction on a male plaintiff's sexual harassment complaint is a reminder to employers of all stripes about the importance of consistently applied protocols for handling complaints, say attorneys at Williams & Connolly.
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Litigation Inspiration: A Source Of Untapped Fulfillment
As increasing numbers of attorneys struggle with stress and mental health issues, business litigators can find protection against burnout by remembering their important role in society — because fulfillment in one’s work isn’t just reserved for public interest lawyers, say Bennett Rawicki and Peter Bigelow at Hilgers Graben.
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Generative AI Adds Risk To Employee 'Self-Help' Discovery
Plaintiffs have long engaged in their own evidence gathering for claims against current or former employers, but as more companies implement generative AI tools, both the potential scope and the potential risks of such "self-help" discovery are rising quickly, says Nick Peterson at Wiley.
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5 Ways To Hone Deposition Skills And Improve Results
Excerpt from Practical Guidance
Depositions must never be taken for granted in the preparations needed to win a dispositive motion or a trial, and five best practices, including knowing when to hire a videographer, can significantly improve outcomes, says James Argionis at Cozen O'Connor.
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Series
Skiing Makes Me A Better Lawyer
A lifetime of skiing has helped me develop important professional skills, and taught me that embracing challenges with a spirit of adventure can allow lawyers to push boundaries, expand their capabilities and ultimately excel in their careers, says Andrea Przybysz at Tucker Ellis.