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Employment
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July 22, 2024
Michigan's Cases To Watch 2024: A Midyear Report
Michigan's highest court is preparing to take on cases that could restore imperiled PFAS regulations, prevent employers from cutting short employees' window to file civil rights claims and expand the reach of Michigan's consumer protection law. Here are some of Michigan's most important cases to watch for the rest of the year.
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July 22, 2024
Mich. Justices Say Fired Safety Whistleblowers Can Sue
Michigan's highest court revived a former Fiat Chrysler employee's lawsuit against the automaker Monday, saying that occupational safety laws don't preempt his claims that he was fired because he raised concerns about potential asbestos at his jobsite.
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July 22, 2024
American Airlines Aims To Block Disabled Worker Class Cert.
American Airlines Group Inc. has said a disabled worker aims to have a Texas federal court certify an "unprecedented nationwide class of all disabled American flight attendants" who can't maintain a regular work schedule and has asked the court to strike the plaintiff's class allegation.
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July 22, 2024
Judge Tosses DHS Expert's Defamation Suit Against Fox
Fox News Network LLC and Fox Corp. on Monday escaped a defamation lawsuit from the onetime head of the Biden administration's ill-fated counter-disinformation agency, with a federal judge in Delaware finding she failed to "plausibly allege" the alleged defamatory statements were untrue.
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July 22, 2024
BlackBerry Sex Harassment Plaintiff May Lose Anonymity
A former BlackBerry executive claiming CEO John Giamatteo sexually harassed her on his way up to the top job while she was fired for reporting his actions may not be able to proceed with her suit anonymously, a California federal judge said Monday.
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July 22, 2024
Nissan Dealer Can't Escape Ex-Worker's OT Claims
A Missouri Nissan dealership is still on the hook in a former office manager's lawsuit alleging she was misclassified as overtime exempt, with a federal judge ruling Monday it was still unclear whether the ex-employee's work involved independent decision making that could render her ineligible for overtime premiums.
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July 22, 2024
NC State Resolves Cancer Patient's Fight To Test Building
North Carolina State University and a professor with cancer have ended a dispute over testing a campus building that contains cancer-causing chemicals, with the school telling the state's highest court the parties are ready to move on from that part of the legal dispute.
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July 22, 2024
Retooled Conn. Wine Tasting Death Suit Deemed Untimely
The estate of a woman killed in a drunk driving crash can't pursue new claims in its suit against the restaurant where she worked because they were filed too late, a Connecticut state court judge has ruled.
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July 22, 2024
Bankrupt Nursing Homes To Pay $36M To End DOL Wage Suit
More than a dozen bankrupt nursing homes will have to pay nearly $36 million in a U.S. Department of Labor's suit claiming workers weren't paid full wages after creating "an adversarial" payroll structure, a Pennsylvania federal judge ruled Monday.
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July 22, 2024
Midyear Report: Surveying Vast NCAA Litigation Landscape
While the NCAA has never been a stranger to high-stakes litigation, the past six months have seen a deluge of courtroom intrigue as college athletes flex their legal muscle amid a quickly shifting consensus on the organization's overall business model.
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July 22, 2024
Transfer To D-II Should End HBCU Race Bias Suit, NCAA Says
The basketball player claiming that the NCAA's Academic Performance Program discriminates against historically Black colleges and universities is no longer harmed by the program after transferring to a lower-division college, the NCAA has argued to an Indiana federal court.
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July 22, 2024
9th Circ. Backs Arbitration In Former AmEx Workers' Bias Suit
The Ninth Circuit said Monday that a group of former American Express employees must arbitrate their suit claiming the company's diversity initiatives discriminated against white people, rejecting their argument that they were being unlawfully blocked from seeking relief that would benefit others.
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July 22, 2024
Approval Sought For $1.2M Deal In Labor Trafficking Suit
A car parts manufacturer, two recruiting agencies and a group of Mexican engineers who alleged the companies lured them to the U.S. with false promises of high-paying jobs before forcing them to work manual labor for long hours and low wages have reached a tentative $1.2 million settlement.
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July 22, 2024
Wash. Jury Says Seattle Port Owes Fired Police Chief $24.2M
A Washington state jury said Monday that the Port of Seattle owes its ex-police chief $24.2 million, capping off a six-week trial on his claims that the port axed him as punishment for complaining about lack of due process in workplace misconduct investigations.
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July 22, 2024
Ex-NJ Judge Wants Chief Justice Deposed In Pension Suit
A former Bergen County Superior Court judge told a New Jersey state court that she must be allowed to depose Chief Justice Stuart Rabner of the New Jersey Supreme Court because he has information about the state's decision to deny her disability benefits application that no one else has.
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July 22, 2024
Baker Donelson's 'Growing' Atlanta Office Hires 2 Of Counsel
Baker Donelson Bearman Caldwell & Berkowitz PC has brought on two attorneys from FordHarrison LLP and Hawkins Parnell & Young LLP to its Atlanta office, strengthening its labor and employment group and its complex litigation and class actions group, the firm announced Monday.
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July 22, 2024
US Bank Must Face Post-Stroke Disability Bias Suit
An Ohio appeals court revived a former U.S. Bank finance director's suit alleging he was denied a more flexible schedule and workspace modifications to help deal with post-stroke impairments, saying a lower court held his complaint to an overly strict standard.
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July 22, 2024
1st Circ. Doubts Calif. Law Governs DraftKings Job Fight
A former DraftKings executive seeking to undo his noncompete contract appeared to make little headway with the First Circuit on Monday as he argued that Massachusetts law should take a backseat in the dispute to California's more worker-friendly statute.
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July 22, 2024
Rising Star: Filippatos' Tanvir H. Rahman
Tanvir Rahman of Filippatos PLLC secured a $12 million settlement for a former Fox News producer who said she was used as a scapegoat during the network's legal battle with Dominion Voting Systems, earning him a spot among the employment law practitioners under age 40 honored by Law360 as Rising Stars.
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July 22, 2024
TikTok Says Arbitration Pacts Doom Former Exec's Bias Suit
TikTok urged a New York federal court to toss a former marketing executive's suit accusing the company of putting her on a "kill list" of employees to push out because she was a woman nearing 50, saying she agreed to arbitrate any employment-related disputes with the company.
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July 22, 2024
Ga. Child Therapists Say Employer Cheated Them Out Of Pay
A Georgia children's therapy provider has not been paying its registered behavior technicians for the time spent working before appointments, traveling, performing administrative work and attending required training sessions, four ex-workers claimed in a proposed collective action in federal court.
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July 22, 2024
Ex-DuPont Workers Settle Age Bias Suit Ahead Of Trial
DuPont has reached a settlement to avoid trial with two former employees who alleged they were fired and replaced by younger workers after a rigged investigation into allegedly hazardous workplace behavior.
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July 19, 2024
Meta Separation Deals Were 'Overly Broad,' NLRB Judge Says
Tech giant Meta violated federal labor law by offering laid-off employees separation agreements with "overly broad language" barring them from discussing employment terms or conditions, a National Labor Relations Board judge found on Friday.
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July 19, 2024
Employment Authority: Teamsters RNC Speech Sparks Strife
Law360 Employment Authority covers the biggest employment cases and trends. Catch up this week with coverage on why the labor movement is in an uproar over Teamsters President Sean O'Brien's speech at the 2024 Republican National Convention, how heat breaks for workers may add into overtime calculations for employers and what attorneys should know about Project 2025's bid to drastically change to anti-discrimination protections.
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July 19, 2024
9th Circ. Calls Out Wash. AG's Paradox In Christian Charity Suit
Ninth Circuit judges said Friday that Washington state "wants it both ways" in a Christian nonprofit's case over an antidiscrimination law, with the attorney general arguing that there's no credible enforcement threat to substantiate the suit's filing while also stopping short of pledging that the state won't pursue a case against the organization.
Expert Analysis
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Complying With Enforcers' Ephemeral Messaging Guidance
Given federal antitrust enforcers’ recently issued guidance on ephemeral messaging applications, organizations must take a proactive approach to preserving short-lived communications — or risk criminal obstruction charges and civil discovery sanctions, say attorneys at Manatt.
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Race Bias Defense Considerations After 11th Circ. Ruling
In Tynes v. Florida Department of Juvenile Justice, the Eleventh Circuit affirmed that the McDonnell Douglas test for employment discrimination cases is merely an evidentiary framework, so employers relying on it as a substantive standard of liability may need to rethink their litigation strategy, says Helen Jay at Phelps Dunbar.
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How Firms Can Ensure Associate Gender Parity Lasts
Among associates, women now outnumber men for the first time, but progress toward gender equality at the top of the legal profession remains glacially slow, and firms must implement time-tested solutions to ensure associates’ gender parity lasts throughout their careers, say Kelly Culhane and Nicole Joseph at Culhane Meadows.
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How Echoing Techniques Can Derail Witnesses At Deposition
Before depositions, defense attorneys must prepare witnesses to recognize covert echoing techniques that may be used by opposing counsel to lower their defenses and elicit sensitive information — potentially leading to nuclear settlements and verdicts, say Bill Kanasky and Steve Wood at Courtroom Sciences.
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6 Ways To Minimize Risk, Remain Respectful During Layoffs
With a recent Resume Builder survey finding that 38% of companies expect to lay off employees this year, now is a good time for employers to review several strategies that can help mitigate legal risks and maintain compassion in the reduction-in-force process, says Sahara Pynes at Fox Rothschild.
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7 Common Myths About Lateral Partner Moves
As lateral recruiting remains a key factor for law firm growth, partners considering a lateral move should be aware of a few commonly held myths — some of which contain a kernel of truth, and some of which are flat out wrong, says Dave Maurer at Major Lindsey.
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NYC Workplace AI Regulation Has Been Largely Insignificant
Though a Cornell University study suggests that a New York City law intended to regulate artificial intelligence in the workplace has had an underwhelming impact, the law may still help shape the city's future AI regulation efforts, say Reid Skibell and Nathan Ades at Glenn Agre.
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Series
Cheering In The NFL Makes Me A Better Lawyer
Balancing my time between a BigLaw career and my role as an NFL cheerleader has taught me that pursuing your passions outside of work is not a distraction, but rather an opportunity to harness important skills that can positively affect how you approach work and view success in your career, says Rachel Schuster at Sheppard Mullin.
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Args In APA Case Amplify Justices' Focus On Agency Power
In arguments last week in Corner Post v. Federal Reserve, the U.S. Supreme Court justices paid particular importance to the possible ripple effects of their decision, which will address when a facial challenge to long-standing federal rules under the Administrative Procedure Act first accrues and could thus unleash a flood of new lawsuits, say attorneys at Snell & Wilmer.
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Mitigating Whistleblower Risks After High Court UBS Ruling
While it is always good practice for companies to periodically review whistleblower trainings, policies and procedures, the U.S. Supreme Court’s recent whistleblower-friendly ruling in Murray v. UBS Securities helps demonstrate their importance in reducing litigation risk, say attorneys at Arnold & Porter.
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Using Arbitration And Class Waivers As Privacy Suit Tools
Amid a surge in data breach class actions over the last few years, several federal court decisions indicate that arbitration clauses and class action waiver provisions can be possible alternatives to public court battles and potentially reduce the costs of privacy litigation, say Mark Olthoff and Courtney Klaus at Polsinelli.
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Future Not Looking Bright For Calif. Employee Nonsolicits
California's new legislation imposing potentially harsh consequences on employers for attempting to enforce noncompetes raises questions about the fate of employee nonsolicitation agreements — and both federal and state court decisions suggest the days of the latter may be numbered, say Anthony Oncidi and Philippe Lebel at Proskauer.
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6 Pointers For Attys To Build Trust, Credibility On Social Media
In an era of information overload, attorneys can use social media strategically — from making infographics to leveraging targeted advertising — to cut through the noise and establish a reputation among current and potential clients, says Marly Broudie at SocialEyes Communications.
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Del. Ruling Stands Out In Thorny Noncompete Landscape
In Cantor Fitzgerald v. Ainslie, the Delaware Supreme Court last month upheld the enforceability of forfeiture-for-competition provisions in limited partnership agreements, providing a noteworthy opinion amid a time of increasing disfavor toward noncompetes and following a string of Chancery Court rulings deeming them unreasonable, say Margaret Butler and Steven Goldberg at BakerHostetler.
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Class Actions At The Circuit Courts: February Lessons
In this month's review of class action appeals, Mitchell Engel at Shook Hardy discusses five notable circuit court decisions on topics from property taxes to veteran's rights — and provides key takeaways for counsel on issues including class representative intervention, wage-and-hour dispute evidence and ascertainability requirements.