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Employment
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September 06, 2024
NLRB Denied Indicative Ruling Bid In SpaceX Dispute
The National Labor Relations Board can't have an indicative ruling to pause an unfair labor practice case against SpaceX amid a challenge to the constitutionality of the board's structure, a Texas federal judge ruled, saying the agency didn't file a separate motion requesting such relief.
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September 06, 2024
NLRB Official OKs Grassroots Union Vote At NYC Nonprofit
A National Labor Relations Board official has granted a grassroots union's petition for a representation election at a New York City nonprofit, rejecting the nonprofit's argument that the newly established union isn't built out enough to qualify as a labor organization under federal law.
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September 06, 2024
Ex-Saleswoman Can't Add Back Pay To $1 Win In ADA Suit
A Pennsylvania federal judge said an ex-saleswoman can't collect a six-figure back pay award after a jury found she was unlawfully fired from an information technology company over her mental health issues but only gave her $1 in damages, noting that she found another job following her termination.
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September 06, 2024
Fast Food Co., EEOC End Suit Over Late Demographic Data
A California-based fast food franchisee has agreed to resolve a U.S. Equal Employment Opportunity Commission suit alleging it spurned its legal duty to share demographic information about its employees, the latest company to settle the agency's claims over tardy filings.
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September 06, 2024
Airline Asks 9th Circ. Panel To Reconsider Military Leave Suit
A Ninth Circuit panel didn't address whether a former Alaska Airlines pilot advanced enough evidence to show the airline denied him accrued vacation and sick time while on military stints, the company said, urging the panel to revisit its decision flipping the airline's earlier win.
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September 06, 2024
Epstein Becker Employment Ace Joins Fisher Phillips In SF
Labor and employment firm Fisher Phillips is expanding its California team, bringing in an Epstein Becker Green litigator as a partner in its San Francisco office.
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September 05, 2024
NCAA's $2.78B NIL Deal Misses 1st Shot At Initial OK
A California federal judge declined Thursday to preliminarily approve a $2.78 billion deal to settle an antitrust class action targeting the NCAA's name, image and likeness compensation rules, saying counsel must "go back to the drawing board" on some of the deal's terms.
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September 05, 2024
11th Circ. Backs Miami's Defeat Of Ex-Worker's Bias Suit
The Eleventh Circuit backed the city of Miami's win over a building services employee's lawsuit claiming she was fired because she's a Black lesbian woman, saying Thursday she failed to take issue with the trial court's rationale for tossing the case.
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September 05, 2024
Labor, Industry Agree: Mich. Wage Ruling Should Stand
Hospitality groups and workers' rights campaigners have both slammed Michigan regulators' request that the state supreme court clarify its recent minimum wage ruling, the groups coming to opposite conclusions about the state's intent but agreeing that the justices should deny the request and let the ruling speak for itself.
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September 05, 2024
Panel Finds Colo. Attys Can't Poach From Current Employers
A Colorado Court of Appeals panel on Thursday upheld a $4,000 verdict and $1.2 million in fee awards against an attorney who violated an employment contract when she tried to lure colleagues away from a prominent regional personal injury firm, finding the firm's contract was valid and enforceable.
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September 05, 2024
PE Firm Argues Tossing of FTC Case Also Ends Workers' Suit
The dismissal of a government antitrust action against Welsh Carson Anderson & Stowe warrants the dismissal of a second lawsuit brought by a Houston workers' benefit fund since the complaint is "unapologetically based" on the parallel Federal Trade Commission action, the private equity firm told a Houston federal judge in a hearing Thursday.
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September 05, 2024
Feds Seek To Nix EB-1 Visa Suit After Reopening Application
U.S. Citizenship and Immigration Services told a Pennsylvania federal court on Thursday that an Irish steeplechase jockey's lawsuit challenging a denied application for an EB-1 extraordinary ability visa should be dismissed, as it was reconsidering the request.
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September 05, 2024
Iron Co. Escapes Fired Worker's Bipolar Leave Bias Suit
A Michigan federal judge tossed a worker's suit claiming he was fired from an iron casting company for taking medical leave to treat his bipolar disorder, ruling that his claims were brought to court too late.
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September 05, 2024
Bad Bunny Sports Firm In Contempt Over MLBPA Arbitration
A federal judge in Puerto Rico has found the sports agency tied to music megastar Bad Bunny in contempt, saying the firm defied the court's order to arbitrate claims accusing the Major League Baseball Players Association of hobbling its business.
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September 05, 2024
Okla.'s Teacher Ouster May Have Violated Order, Groups Say
Civil rights groups and Oklahoma university professors say the state may have violated an order that blocks part of a controversial censorship law from being enforced in classrooms after a teacher's license was revoked for encouraging students to access the Brooklyn Public Library and to read a book about racism.
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September 05, 2024
5th Circ. Rejects Overtime For Highly Paid Oil Rig Workers
A group of reamers for an oil and gas company aren't entitled to overtime under federal law because they are paid an annual salary and performed exempt duties, a Fifth Circuit panel ruled, affirming a lower court's decision.
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September 05, 2024
2nd Circ. Chilly To Mortgage-Backed Securities ERISA Suit
The Second Circuit appeared unlikely Thursday to revive a union pension fund's suit looking to hold Wells Fargo and Ocwen Financial Corp. liable for losses on mortgage-backed securities, with two judges signaling the risky loans the fund sued over might not be covered by federal benefits law.
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September 05, 2024
Marvel Illegally Coerced Silence, 'X-Men '97' Writer Says
Former "X-Men '97" series head writer has hit Marvel Animation Studio LLC with a lawsuit in California state court, seeking to invalidate a nondisparagement provision he claims Marvel coerced him into signing amid his alleged "forced ouster" this year.
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September 05, 2024
Ahmaud Arbery's Mother Agrees To Dismiss One Of The Killers
The mother of Ahmaud Arbery, a Black man who was murdered by three white men while jogging in coastal Georgia over four years ago, on Thursday dropped one of her son's killers from a civil suit over his killing and the subsequent investigation.
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September 05, 2024
11th Circ. Revives White Miami-Dade Ex-Worker's Bias Suit
The Eleventh Circuit reinstated a white policy director's suit Thursday claiming he was canned by Miami-Dade County because of age and racial bias, ruling a trial court jumped the gun by tossing his case before he was given the chance to collect proof.
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September 05, 2024
Attys' Group Urges Justices To Back Trucker's CBD RICO Suit
The American Association for Justice is urging the Supreme Court to side with a trucker whose racketeering claims against CBD companies allege their false advertisements cost him his job, arguing that the plain text of the Racketeer Influenced and Corrupt Organizations Act allows his claims of injury to "business or property."
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September 05, 2024
Liberty Mutual Settles Call Center Workers' Pay Complaint
A Massachusetts federal judge on Wednesday signed off on a settlement between Liberty Mutual and a group of workers at a call center in Pennsylvania over allegations the insurer forced the employees to perform various tasks before and after their shifts without pay.
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September 05, 2024
Ex-Defender Wants Judge To Reassess Judiciary Bias Ruling
A former assistant public defender in North Carolina has asked a Massachusetts federal judge to reconsider his bench ruling siding with the federal judiciary in her due process and equal protection case, saying the facts all point in her favor and the judge misapplied the law in rendering his decision.
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September 05, 2024
New Weinstein Charges Loom In NY As Women Step Forward
A New York state grand jury may indict Harvey Weinstein for additional sex crimes as soon as Friday based on allegations from three new complaining witnesses, a source familiar with the proceedings told Law360.
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September 05, 2024
Calif. City Lodges Sick Leave Suit Against Southwest
Southwest Airlines failed to restore the paid sick hours to workers as part of a settlement it reached with the city of Oakland in 2020 and denied employees their right to take sick leave, the city said in a complaint in California state court.
Expert Analysis
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9th Circ. Ruling Flags Work Harassment Risks Of Social Media
The recent Ninth Circuit ruling in Okonowsky v. Garland, holding an employer could be liable for a co-worker's harassing social media posts, highlights new challenges in technology-centered and remote workplaces, and underscores an employer's obligation to prevent hostile environments wherever their employees clock in, say Jennifer Lada and Phillip Schreiber at Holland & Knight.
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2 Vital Trial Principles Endure Amid Tech Advances
Progress in trial technologies in the last 10 years has been transformative for courtroom presentations, but two core communication axioms are still relevant in today's world of drone footage evidence and 3D animations, say Adam Bloomberg and Lisa Walters at IMS Legal Strategies.
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Key Steps To Employer Petitions For Union Elections
Excerpt from Practical Guidance
Since the National Labor Relations Board shifted the burden of requesting formal union elections onto employers in its Cemex decision last year — and raised the stakes for employer missteps during the process — companies should be prepared to correctly file representation management election petitions and respond to union demands for recognition, says Adam Keating at Duane Morris.
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Viral Layoffs: How Cos. Can Avoid Bad Social Media Exposure
A recent trend of employees using social media to document their experiences with layoffs and disciplinary actions in the workplace should prompt employers to take additional precautions to avoid former workers' negative viral reviews when deciding how, when and what to communicate to employees, say Scott McIntyre and Chrissy Kennedy at BakerHostetler.
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Mirror, Mirror On The Wall, Is My Counterclaim Bound To Fall?
A Pennsylvania federal court’s recent dismissal of the defendants’ counterclaims in Morgan v. Noss should remind attorneys to avoid the temptation to repackage a claim’s facts and law into a mirror-image counterclaim, as this approach will often result in a waste of time and resources, says Matthew Selmasska at Kaufman Dolowich.
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6 Factors That Can Make For A 'Nuclear' Juror
Drawing from recent research that examines the rise in nuclear verdicts, Ken Broda-Bahm at Persuasion Strategies identifies a few juror characteristics most likely to matter in assessing case risk and preparing for jury selection — some of which are long-known, and others that are emerging post-pandemic.
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Series
Playing Dungeons & Dragons Makes Me A Better Lawyer
Playing Dungeons & Dragons – a tabletop role-playing game – helped pave the way for my legal career by providing me with foundational skills such as persuasion and team building, says Derrick Carman at Robins Kaplan.
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Illinois BIPA Reform Offers Welcome Relief To Businesses
Illinois' recent amendment to its Biometric Information Privacy Act limits the number of violations and damages a plaintiff can claim — a crucial step in shielding businesses from unintended legal consequences, including litigation risk and compliance costs, say attorneys at Taft.
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3 Notes For Arbitration Agreements After Calif. Ruling
After last month's California Supreme Court decision in Ramirez v. Charter Communications invalidated several arbitration clauses in the company's employee contracts as unconscionable, companies should ensure their own arbitration agreements steer clear of three major pitfalls identified by the court, say attorneys at Cooley.
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Opinion
Focus On Political Stances May Weaken Labor Unions
Recent lawsujits and a bill pending in the U.S. House of Representatives call attention to the practice of labor unions taking political stances with which their members disagree — an issue that may weaken unions, and that employers should stay abreast of, given its implications for labor organizing campaigns, workplace morale and collective bargaining, says Daniel Johns at Cozen O'Connor.
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Jarkesy Ruling May Redefine Jury Role In Patent Fraud
Regardless of whether the U.S. Supreme Court’s Jarkesy ruling implicates the direction of inequitable conduct, which requires showing that the patentee made material statements or omissions to the U.S. Patent and Trademark Office, the decision has created opportunities for defendants to argue more substantively for jury trials than ever before, say attorneys at Cadwalader.
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3 Leadership Practices For A More Supportive Firm Culture
Traditional leadership styles frequently amplify the inherent pressures of legal work, but a few simple, time-neutral strategies can strengthen the skills and confidence of employees and foster a more collaborative culture, while supporting individual growth and contribution to organizational goals, says Benjamin Grimes at BKG Leadership.
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NLRB Ruling Highlights Rare Union Deauthorization Process
A recent National Labor Relations Board decision about a guard company's union authorization revocation presents a ripe opportunity for employees to review the particulars of this uncommon process, and employer compliance is critical as well, say Megann McManus and Trecia Moore at Husch Blackwell.
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Attorneys Can Benefit From Reverse-Engineering Their Cases
Trial advocacy programs often teach lawyers to loosely track the progression of a lawsuit during preparation — case analysis, then direct examination, then cross-examination, openings and closings — but reverse-engineering cases by working backward from opening and closing statements can streamline the process and also improve case strategy, says Reuben Guttman at Guttman Buschner.
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E-Discovery Quarterly: Rulings On Hyperlinked Documents
Recent rulings show that counsel should engage in early discussions with clients regarding the potential of hyperlinked documents in electronically stored information, which will allow for more deliberate negotiation of any agreements regarding the scope of discovery, say attorneys at Sidley.