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Employment
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December 12, 2024
2nd Circ. Upends Arbitration Order In Bakery Drivers' Suit
The Second Circuit voided its prior ruling that a bakery's delivery drivers must arbitrate claims alleging they were misclassified as independent contractors, saying Thursday the question of whether they are exempt from arbitration is up in the air after the U.S. Supreme Court weighed in on the suit.
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December 12, 2024
Ex-Recruitment Firm GC Joins Gordon Rees In San Diego
Gordon Rees Scully Mansukhani LLP has bolstered its employment law practice group with the hiring of a civil litigator who previously worked in-house at a staffing agency.
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December 12, 2024
Farmers Market Wraps Up Ex-Worker's Harassment Suit
An Atlanta-area Sprouts Farmers Market has struck a deal with an ex-employee who said she was fired for calling out a co-worker's offensive comments about her sexuality, according to a filing in Georgia federal court.
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December 12, 2024
Woody Allen Axed Private Chef Over Military Duties, Suit Says
Filmmaker Woody Allen fired a personal chef because he repeatedly complained he wasn't being properly paid and had to take time off to participate in military exercises as a member of the U.S. Army Reserve, according to a lawsuit filed in New York federal court.
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December 12, 2024
Advocacy Group Says NCAA's NIL Deal Not 'Illegal' After All
The advocacy group National College Players Association retracted its condemnation of the NCAA's $2.78 billion settlement of a class action over name, image and likeness compensation, admitting six days after claiming that it broke several states' laws that it "has not been deemed illegal in any way."
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December 11, 2024
Metals Co. Gets $1.1M Verdict In Fireproofing IP, Transfer Feud
A Washington federal jury has awarded a company with nearly $786,000 in damages after finding that an ex-employee and another business willfully induced customers to infringe its patents for fire-resistant construction assembly products, plus another $300,000 for a fraudulent transfer of assets.
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December 11, 2024
Ye's Cos. Default In Another Private School Worker Lawsuit
A California judge held three of Ye's companies in default Wednesday for failing to retain counsel in litigation from a former teacher at the Donda Academy private school, the latest sanction for nonresponsiveness in a slew of employment suits against the rapper previously known as Kanye West.
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December 11, 2024
Uber Worker Can Arbitrate Firing Claim, Calif. Court Says
A California state appeals court backed a trial court's move to revive a former Uber employee's arbitration dispute with the company claiming she was fired for complaining about sex bias, ruling an arbitrator was wrong to find she attempted to restart the clock on her allegations.
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December 11, 2024
Google Targeted New Parents For Layoffs, Calif. Suit Says
Google was sued in California state court Wednesday by a former training manager who says the tech giant chose her and six colleagues for layoffs last year because of their decisions to take parental leave.
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December 11, 2024
High Court Bar's Future: Haynes Boone's Daniel Geyser
Daniel L. Geyser of Haynes and Boone LLP is an unconventional U.S. Supreme Court advocate in every respect, from the path he forged to become one of the high court's frequent arguers to the way he runs his current practice from more than half a country away from the nation's capital.
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December 11, 2024
Ally Bank Worker Drops Emotional Pain Claims From Bias Suit
A white, male Ally Bank worker who claimed he was denied a promotion because of the company's diversity push has dropped pain and suffering claims from his suit, according to a stipulation of partial dismissal.
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December 11, 2024
Temp Agency Owner Gets Prison For $2M Tax Scheme
A temp agency owner was sentenced to a year and a day in prison after pleading guilty in Massachusetts federal court to paying employees under-the-table wages to avoid $2.1 million in taxes.
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December 11, 2024
6th Circ. Probes Rationale For State Farm Worker's Firing
The Sixth Circuit grappled Wednesday with whether to reopen a former State Farm employee's suit alleging she was illegally fired after counseling a colleague about a disability accommodation complaint, with one judge questioning if the insurer had looked into the worker's claim that she faced selective discipline.
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December 11, 2024
United Airlines Illegally Withheld Wages, PAGA Suit Says
United Airlines cheated employees out of pay by requiring them to work during breaks and mandating unpaid COVID-19 screenings, a former employee said in her Private Attorneys General Act suit in California state court.
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December 11, 2024
4th Circ. Seems Wary Of Reviving Post-Pregnancy Firing Suit
The Fourth Circuit seemed skeptical Wednesday of a former Nexstar Media Inc. worker's bid to revive her pregnancy-related disability discrimination suit, reminding the ex-employee's counsel about the limits to how much accommodation an employer has to provide.
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December 11, 2024
Quick Party Shift Coming To NLRB As McFerran Vote Fails
President-elect Donald Trump appears poised to have an immediate opening to seat a Republican majority at the National Labor Relations Board after the U.S. Senate narrowly voted down a push to give outgoing Democratic Chairman Lauren McFerran another term Wednesday.
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December 11, 2024
DA Says Allegheny County Pension System Risks Insolvency
The Allegheny County employee retirement coffers could run out of money within 15 years, the Pennsylvania jurisdiction's top prosecutor warned in a lawsuit seeking to make the county and the retirement board fix the allegedly floundering system.
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December 11, 2024
Calif. Panel Reverses Cost Award After Auto Shop Wage Trial
A California appeals panel flipped a lower court's decision awarding about $54,000 in post-offer costs to an auto body shop after winning a former employee's wage and hour suit, saying that two sections of the California Labor Code preclude such awards.
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December 11, 2024
Mass. Prison Fired Pregnant Officer For Vax Refusal, Suit Says
A former Massachusetts corrections officer on Wednesday filed a suit against the state's prison system in federal court, saying she was wrongly denied a religious exemption to its COVID-19 vaccination mandate while she was pregnant, passed over for a promotion and ultimately fired.
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December 11, 2024
ConEd Escapes Fired In-House Atty's Gender, Age Bias Suit
A New York federal judge tossed an attorney's suit claiming she was fired by Con Edison out of age and gender animus after complaining that her boss unfairly criticized her, ruling she failed to show that her identity rather than her yearslong performance issues got her canned.
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December 10, 2024
OneTaste Execs Want Sexually Explicit Evidence Out Of Trial
Former OneTaste executives on Tuesday asked a New York federal judge to block prosecutors from showing jurors sexually explicit evidence at their upcoming forced labor conspiracy trial, saying the government is trying to put the sexual wellness company and "orgasmic meditation" on trial.
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December 10, 2024
Jay-Z Says PI Atty Buzbee Has History Of False Diddy Claims
Shawn "Jay-Z" Carter's lawyers told a New York federal judge on Tuesday that the law firm of Tony Buzbee, a high-profile personal injury attorney suing the music mogul for allegedly raping a 13-year-old girl alongside Sean "Diddy" Combs, tried to pressure a different woman into leveling false sexual assault claims against Diddy.
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December 10, 2024
3rd Circ. Reopens White Worker's Bias Suit Against Tech Firm
The Third Circuit revived a white former manager's lawsuit alleging an Indian information technology company unlawfully favored South Asian job candidates and employees, ruling Tuesday that a trial court was wrong to say his failed attempt to join a separate class action couldn't extend the time limit for his claims.
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December 10, 2024
BNSF Railway On The Hook For $2.7M Spinal Injury Verdict
BNSF Railway Co. can not escape a $2.75 million jury verdict that found it had negligently caused a worker's permanent spinal injuries, a Missouri appeals court ruled Tuesday, saying the trial court made no mistake when telling jurors to consider both the safety conditions of the train and reflective vest.
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December 10, 2024
Tool Co. Fights Bid To DQ Law Firm In Whistleblower Case
A tool company pushed back on a bid to disqualify a Smith Gilliam Williams & Miles PA attorney from representing it in a former employee's False Claims Act suit, saying documents made available to the firm when a different firm attorney represented the ex-employee in a domestic matter have no bearing on the case.
Expert Analysis
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Key Requirements In New Maryland Pay Transparency Laws
Although several jurisdictions now require pay transparency in job advertisements, Maryland's new law is among the broadest in the country, both in terms of what is required and the scope of its applicability, says Sarah Belger at Quarles & Brady.
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What Trump's Next Term May Mean For Biz Immigration
Leonard D'Arrigo at Harris Beach discusses the employment-based immigration policies businesses can potentially expect during President-elect Donald Trump’s second term, based on policies enacted during his first administration, statements made during his campaign and proposals in Project 2025.
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Lessons From EEOC Case Of Fla. Worker Fired After Stillbirth
A recent federal court settlement between a Florida resort and a fired line cook shows that the U.S. Equal Opportunity Employment Commission sees stillbirth as protected under the Pregnant Workers Fairness Act, also providing four other important lessons, says Gordon Berger at Pierson Ferdinand.
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What Higher Education Can Expect From A 2nd Trump Admin
The election of Donald Trump for a second presidential term has far-reaching ramifications for colleges and universities — come January, institutions can expect a crackdown on DEI, increased scrutiny of campus protests, a rollback of the Biden administration's Title IX rules and more, say attorneys at Jenner & Block.
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AI Monitoring And FCRA: Employer Compliance Essentials
As the Consumer Financial Protection Bureau and the Federal Trade Commission signal determination to treat AI-based workplace surveillance as a potential Fair Credit Reporting Act issue, employers must commit to educating HR and compliance staff on these quickly evolving regulatory expectations, say attorneys at Sheppard Mullin.
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Series
Circus Arts Make Me A Better Lawyer
Performing circus arts has strengthened my ability to be more thoughtful, confident and grounded, all of which has enhanced my legal practice and allowed me to serve clients in a more meaningful way, says Bailey McGowan at Stinson.
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Opinion
Weak Reasoning Underlies Fla. Judge's Bold Qui Tam Ruling
U.S. District Judge Kathryn Mizelle's groundbreaking decision in U.S. ex rel. Zafirov v. Florida Medical Associates LLC, holding that qui tam provisions of the False Claims Act are unconstitutional, relies on weak logic to reach a conclusion that differs from every other court that has ruled on the issue, says Ethan Greenberg at Anderson Kill.
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FTC Focus: Zeroing In On Post-Election Labor Markets
The presidential election and the push-and-pull of the administrative state's reach are likely to affect the Federal Trade Commission's focus on labor markets, including the tenor of noncompete rule enforcement, say attorneys at Proskauer.
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3 Ways To Train Junior Lawyers In 30 Minutes Or Less
Today’s junior lawyers are experiencing a skills gap due to pandemic-era disruptions, but firms can help bring them up to speed by offering high-impact skill building content in bite-sized, interactive training sessions, say Stacey Schwartz at Katten, Diane Costigan at Winston & Strawn and Lauren Tierney at Freshfields.
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Advising Employers As AI Meets DEI And Discrimination
Excerpt from Practical Guidance
Though companies can use artificial intelligence tools to develop more diverse and inclusive workforces, counsel should also prepare employers for how AI can stymie these efforts, provoke discrimination claims and complicate resulting litigation, says Emily Schifter at Troutman Pepper.
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8 Tech Tips For Stress-Free Remote Depositions
Court reporter Kelly D’Amico shares practical strategies for attorneys to conduct remote depositions with ease and troubleshoot any issues that arise, as it seems deposition-by-Zoom is here to stay after the pandemic.
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Timing Of An NLRB Power Shift Hinges On Biden Nominees
President-elect Donald Trump seems certain to shake up the National Labor Relations Board's prounion Democrat majority, but the incoming president's timing depends on whether the current Senate confirms two pending nominees to board positions, say attorneys at Fox Rothschild.
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Opinion
The Right Kind Of Deregulation In Commercial Airline Industry
Similar to the economic deregulation that occurred more than four decades ago during the Carter administration, the incoming Trump administration should restore the very limited federal regulatory role in the economics of the airline industry, says former U.S. transportation secretary James Burnley at Venable.
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5 Tips For Complying With NLRB Captive Audience Ban
The National Labor Relations Board’s recently ruled that so-called captive audience meetings violate federal labor law, representing a radical shift in precedent and creating new standards for employers to follow when holding workplace meetings where union representation will be discussed, say attorneys at Fisher Phillips.
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4 Ways Attorneys Can Emotionally Prepare For Trial
In the course of litigation, trial lawyers face a number of scenarios that can incite an emotional response, but formulating a mental game plan in advance of trial can help attorneys stay cool, calm and collected in the moment, says Rachel Lary at Lightfoot Franklin.