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Employment
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August 05, 2024
SpaceX Asks 5th Circ. To Block Transfer Of NLRB Challenge
SpaceX asked the Fifth Circuit on Monday to step in after a Texas federal judge ordered its challenge to the constitutionality of the National Labor Relations Board transferred to California, saying the appeals court should either vacate the order or pause it until the court can rule on the company's injunction request.
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August 05, 2024
BCBS Asks 9th Circ. To Undo Trans Patients' Win In Bias Suit
Blue Cross Blue Shield of Illinois urged the Ninth Circuit to reverse summary judgment in favor of trans patients who argued its exclusions for gender-affirming treatments violated the Affordable Care Act's anti-discrimination mandate, arguing Friday it is a third-party administrator that didn't design the exclusion nor exercised any control over it.
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August 05, 2024
Insurer Must Face Pa. Trans Firefighter's Surgery Claim
A Pennsylvania federal judge has refused to toss a suit from a transgender Philadelphia firefighter suing Independence Blue Cross for discrimination over the insurer's denial of coverage for facial feminization surgery, finding that claims under federal healthcare law could proceed, but not the Title VII claims.
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August 05, 2024
Migrant Farmworker Contractor Must Face Trafficking Claims
A Michigan federal judge has declined to dismiss claims from migrant farm laborers against a recruitment agency for human trafficking and seizing the passports of workers it brought to the U.S. through the H-2A program, saying the case should go to trial.
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August 05, 2024
Pegasystems Slams Appian's 'Animus' After $2B Verdict Axed
Business software maker Pegasystems says rival Appian's "animus" is behind a series of what it says are irrelevant, premature and burdensome discovery requests, after a Virginia appeals court vacated a $2 billion trade secrets judgment against Pegasystems.
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August 05, 2024
BIPA Reform Becomes Law, But Damages Concerns Persist
The Illinois Legislature heeded a call from the state's Supreme Court to shield business from potentially ruinous damages under the Illinois Biometric Information Privacy Act, but lawyers say the new protections can still leave large employers facing hefty verdicts.
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August 05, 2024
Ex-Credit Union VP Sues Over Pot Compliance Firing
A former vice president of a Missouri credit union has hit the institution with a federal lawsuit claiming her former employer violated state whistleblower and federal money laundering laws after she refused to open accounts for her boss's friends in marijuana-related businesses despite pressure from the boss.
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August 05, 2024
Emory Wants Out Of Ex-Falcons Team Doctor's Bias Suit
Emory Healthcare Inc. has asked a Georgia federal judge to dismiss a civil rights lawsuit brought against it by the former head medical physician for the NFL team Atlanta Falcons.
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August 05, 2024
Ohio Vape Shop Chain Hit With Overtime Suit
An Ohio chain of smoke shops was hit with an unfair labor lawsuit by an employee who claims she and others were forced to stay at the shops for long hours, both working and eating with the boss, but were never compensated for their time
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August 05, 2024
Former Bowling Exec Asks For Denial Of Attorney Fee Award
A former bowling company executive who last month ridiculed the size of the requested attorney fee award in a suit by his ex-employer told a Virginia federal judge this weekend that he should not have to pay the fees at all.
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August 05, 2024
Watchdog OKs Partial Fees To IT Firm Protesting $36M Deal
A federal watchdog called on the U.S. Department of Labor to cover most of an information technology firm's costs of protesting a $36 million support deal, saying the agency had wasted the company's resources by defending a flawed technical evaluation.
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August 05, 2024
Shipping Co. To Pay $400K To End EEOC Disability Bias Suit
A shipping company agreed to pay $400,000 to resolve a lawsuit from the U.S. Equal Employment Opportunity Commission accusing it of firing a manager after watching his health decline due to cancer, a filing in Georgia federal court said.
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August 05, 2024
Catching Up With Delaware's Chancery Court
Sunken treasure, rock band discord, a wrestling competition, and more news about Elon Musk — all in all, a colorful week in Delaware's Court of Chancery. The First State's famous court of equity also pushed forward on disputes involving a famous social media app, Delaware's largest hospital system, an artificial intelligence company and a budding commodity futures exchange.
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August 05, 2024
Carnival Agrees To Pay $72K To End Wage Fight With DOL
A Michigan-based carnival agreed to pay $72,200 to the seasonal workers who built and operated rides and staffed games and food stands to resolve the U.S. Department of Labor's claims of underpaying them.
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August 05, 2024
Atlanta, County Say Cops' Firing Claims 'Rife With Conjecture'
Fulton County, Georgia, and the city of Atlanta are urging the Eleventh Circuit to reject the "unadorned conspiracy theories" of two police officers who allege they were wrongly fired and arrested over their widely publicized shooting of a Black man in the city in the summer of 2020.
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August 05, 2024
Ex-GC Says Steakhouse Chain Can't Ax Or Arbitrate Bias Suit
A former general counsel at steakhouse chain Palm Management is asking a New York federal judge not to toss her lawsuit or force her into arbitration, calling the arbitration clause in her employment agreement "unenforceable due to unconscionability based on the content of the clause."
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August 05, 2024
US Chamber Backs Rail Co. Challenge To Crew Size Rule
The U.S. Chamber of Commerce is backing railroad companies' argument that the Federal Railroad Administration overstepped by implementing a rule that requires trains to be operated by at least two people, telling the Eleventh Circuit the rule was imposed without adequate justification or consideration of companies' interests.
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August 05, 2024
11th Circ. Won't Revive White Ex-Coach's Race Bias Suit
The Eleventh Circuit on Monday refused to reopen a former football coach's lawsuit accusing a Georgia school district of unlawfully refusing to renew his contract because he's white, backing a lower court's determination that an earlier case against Black school board members barred the current claims.
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August 05, 2024
7th Circ. Says Sanctions Not Needed In Metal Workers' OT Suit
A group of metal workers presented enough evidence to dodge sanctions related to their now-defunct overtime suits, a split Seventh Circuit panel ruled, affirming a lower court decision to turn down a company's bid for punishment.
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August 05, 2024
Wesleyan U. Axes Fired Catholic Chaplain's Bias Suit, For Now
A Connecticut federal judge tossed a Catholic chaplain's suit alleging Wesleyan University fired him for complaining that a Muslim chaplain's departure was an unfair firing, stating the former employee didn't support his claims with enough proof that bias affected the Muslim chaplain's employment or his own.
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August 02, 2024
Fla.'s Trans Healthcare Ban Violates Title VII, Judge Says
A Florida federal judge has ruled the state's Department of Management Services illegally excluded gender-affirming treatment for transgender employees under state-sponsored health benefits plans, finding the state's exclusion only applies to trans individuals and is facially discriminatory under Title VII of the Civil Rights Act.
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August 02, 2024
Connecticut City Gets Ex-Cop's Arbitration Win Vacated
In a legally rare decision, a Connecticut state judge vacated an arbitration panel's determination that forced a city to reinstate a fired police lieutenant, ruling the arbiters were wrong to ignore an earlier court order banning the lieutenant from coming within 100 yards of the city's police chief.
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August 02, 2024
Ex-Exec Can't Escape Drug Co.'s Trade Secret Suit
The North Carolina Business Court refused to give a win before trial to the former president of a United Therapeutics Corp. subsidiary on a claim that he took trade secrets to a rival, with the court reasoning the drug company took reasonable steps to protect the secrets beyond a three-year limit in his employment agreement.
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August 02, 2024
Employment Authority: OSHA's New Heat Break Rule
Law360 Employment Authority covers the biggest employment cases and trends. Catch up this week with a look at the U.S. Occupational Safety and Health Administration's proposed workplace heat safety rule, the impact of the Ninth Circuit's decision that a federal prison guard's Instagram activity represented harassment toward a female co-worker and how challenges might advance on the National Labor Relations Board's decision to unwind a 2020 regulation that curtailed the practice of pausing elections over alleged misconduct.
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August 02, 2024
OT Rule Exceeds DOL's Authority, Red States Argue
A group of 14 red states joined Texas in calling for a federal court to strike down the U.S. Department of Labor's rule raising salary thresholds for a federal overtime exemption, claiming in a brief that the new rule would hit their states particularly hard.
Expert Analysis
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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.
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Navigating Trade Secret Litigation In A High-Stakes Landscape
Recent eye-popping verdicts are becoming increasingly common in trade secret litigation — but employers can take several proactive steps to protect proprietary information and defend against misappropriation accusations in order to avoid becoming the next headline, say Jessica Mason and Jack FitzGerald at Foley & Lardner.