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Employment
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October 09, 2024
NJ Law Firm Gets Partial Win In Dispute With Ex-Employees
The arbitration pacts that two former employees at a New Jersey law firm filed cover their discrimination claims, a New Jersey state court judge ruled, handing the Bergen County-based personal injury firm a partial win in the workers' wage and bias suit.
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October 09, 2024
DOL Fines Farm Labor Contractor, Bars It From H-2A Program
A farm labor contractor based in Washington state will pay more than $252,000 and be barred from participating in the H-2A temporary worker program for three years after underpaying workers and putting their safety at risk, the U.S. Department of Labor announced.
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October 09, 2024
Novant Ex-Exec's Counsel Wins $154K In Fees For Race Case
Counsel for a former Novant Health Inc. executive who won $4.3 million after accusing the company of firing him during a diversity push because he was white got $154,000 in attorney fees for successfully defending the award on appeal, slightly less than what was requested.
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October 09, 2024
NFL Settles Racism, Retaliation Suit From Reporter Jim Trotter
Award-winning sports journalist Jim Trotter and the National Football League on Wednesday agreed to settle his federal lawsuit accusing the league and its media arm of retaliating against him for persistently raising concerns about discriminatory hiring.
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October 08, 2024
Vince McMahon Accuser Wants Freedom To Air 'Toxic' Culture
A woman accusing former World Wrestling Entertainment Inc. executive chair Vince McMahon in Connecticut federal court of pressuring her into performing sex acts in exchange for an entry-level job has asked both McMahon and the company to voluntarily waive nondisclosure agreements, saying she and other accusers could help reform WWE's "toxic and sexualized culture."
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October 08, 2024
Military Health Plans Deny They Were Overpaid On DOD Deal
Five military healthcare plan providers have asked the Maine federal court to dismiss the U.S. Department of Justice's claims that they were overpaid for healthcare services, arguing they were paid exactly what they were owed under their fixed-price contracts.
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October 08, 2024
Solo Cup Maker Must Face Suit Over Worker's Shooting Death
Solo Cup Operating Corp. can't escape a wrongful death lawsuit accusing it of negligently hiring a worker who killed a fellow employee in a dispute over $400, a Georgia appeals court ruled, saying the incident is clearly not covered by the state's workers compensation law.
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October 08, 2024
Yellow Tells 10th Circ. To Revive Claims Against Teamsters
Yellow Corp. called on the Tenth Circuit to reverse a lower court's dismissal of the company's $137 million lawsuit against the Teamsters that claimed the union led the nearly 100-year-old company to shutter, saying the business wasn't required to exhaust the grievance process under a contract.
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October 08, 2024
MLB Faces New Bias Suit After Settlement Talks Fail
A former minor league umpire who claims he was sexually harassed by a female umpire filed an expanded suit Tuesday against Major League Baseball after settlement talks failed.
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October 08, 2024
1st Circ. Warned Not To 'Speculate' In Union Debt Ceiling Suit
A lawyer for a governmental workers' union challenging the constitutionality of the federal debt limit told a First Circuit panel on Tuesday that a January default is a virtual certainty under existing law, and urged the judges to avoid trying to predict whether President Joe Biden and a lame-duck Congress might extend the ceiling.
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October 08, 2024
5th Circ. Skeptical Of Suit Over NLRB Captive Audience Memo
The Fifth Circuit gave a cool reception Tuesday to staffing companies challenging a 2022 memo the National Labor Relations Board's general counsel issued arguing so-called captive audience meetings violate federal labor law, with judges questioning whether the document is the type of board action subject to court review.
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October 08, 2024
Airlines Say Chicago Sick Leave Law Would Impact Business
An organization representing the largest U.S. airlines urged an Illinois federal court to keep afloat its challenge to Chicago's new paid sick leave law, saying its claims that the statute would impact flight prices and routes are fact-intensive and should proceed to discovery.
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October 08, 2024
Divorced-Dads Firm Beats Fired Paralegal's Retaliation Suit
A Kansas federal jury on Monday sided with a law firm that bills itself as an advocate for divorced fathers, shutting down a suit from a paralegal who claimed she was fired for speaking up about sexual harassment by one of the firm's attorneys.
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October 08, 2024
DOL Tells 5th Circ. Decision On Tip Rule Is Too Broad
The U.S. Department of Labor urged a Fifth Circuit panel to update its decision striking down the department's 2021 rule on tipped wages, saying the opinion is too broad and it should focus on a provision that two restaurant groups challenged.
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October 08, 2024
1st Circ. Eyes Revival Of Welch's Execs' Pension Fight
The First Circuit appeared receptive Tuesday to former Welch's executives who are seeking to revive a suit claiming they were shortchanged by a supplemental retirement plan, with two judges pointing out conflict-of-interest disputes on appeal that the lower court left unaddressed.
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October 08, 2024
Colo. Freed From Union Protest Of Southwest Sick Leave Deal
Colorado isn't on the hook for claims by a union representing Southwest Airlines flight attendants related to a settlement between the state and airline about a sick leave law, a state court judge ruled, finding the union lacks standing to raise its allegations.
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October 08, 2024
College Admins Beat Ex-Prof's Suit Over Race-Based Study
Cleveland State University faculty defeated a former professor's suit alleging he was unlawfully fired for publishing research asserting intelligence differences between white and Black people, with an Ohio federal judge finding he was let go for abusing access to restricted data, not his research subject.
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October 08, 2024
Harvard Says Ex-Coach's Pay, Retaliation Suit Falls Flat
Harvard University has urged a Massachusetts federal judge to dismiss a former ice hockey coach's suit alleging she was paid less than her male counterparts and was forced into retirement, arguing the claims were mostly made after the statute of limitations had expired and failed to make a connection to an action taken by the school.
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October 07, 2024
Fired MSU Coach Mel Tucker Hit With Defamation Suit
A sexual assault survivor's advocate on Monday hit former Michigan State University football coach Mel Tucker with a defamation suit in Lansing court, claiming he has falsely accused her of fabricating a sexual harassment complaint that gave the school an excuse to fire him last year.
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October 07, 2024
NC's Durham Inks DOJ Deal Over Racially Biased Hiring
The city of Durham, North Carolina, agreed Monday to pay $980,000 and adjust its hiring practices to resolve U.S. Department of Justice civil rights allegations that a written test used by the city's Fire Department in evaluating potential hires unintentionally discriminates against Black candidates.
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October 07, 2024
Pepsi Employee Sues Over Health Plan's 'Tobacco Surcharge'
A Pepsi employee has hauled the snack and beverage multinational into New York federal court, alleging in a proposed class action that the company unlawfully imposes a "tobacco surcharge" on employees who use tobacco products while failing to adequately notify employees that they can instead join a company wellness program.
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October 07, 2024
UFC Fighters Urge Judge To Greenlight $375M Settlement
A group of UFC fighters on Monday sought preliminary approval of a $375 million agreement that would net many fighters over $1 million each and settle their Nevada federal court dispute with UFC over what they say is a history of suppressed wages.
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October 07, 2024
High Court Doubts States Can Police Federal Rights Claims
The U.S. Supreme Court seemed poised Monday to strike down an Alabama law requiring litigants to exhaust state administrative remedies before they file claims in state court accusing local officials of violating federal rights, with several justices suggesting the court already answered that question almost 40 years ago.
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October 07, 2024
7th Circ. Revives Wage Claim In Sales Rep's Bonus Suit
A sales associate adequately showed that he and the technology and consulting company employing him had an agreement under which he would receive a bonus after meeting a sales target, the Seventh Circuit ruled, sending his wage claim back to Illinois federal court.
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October 07, 2024
Amazon Breaking Wash. Noncompete Law, Workers Say
A proposed class of Amazon warehouse and retail workers have accused the company of forcing them into noncompete clauses in violation of a Washington law aimed at protecting the mobility of lower wage workers.
Expert Analysis
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Why Jurors Balk At 'I Don't Recall' — And How To Respond
Jurors often react negatively to a witness who responds “I don’t remember” because they tend to hold erroneous beliefs about the nature of human memory, but attorneys can adopt a few strategies to mitigate the impact of these biases, say Steve Wood and Ava Hernández at Courtroom Sciences.
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Series
Fishing Makes Me A Better Lawyer
Atop the list of ways fishing makes me a better lawyer is the relief it offers from the chronic stress of a demanding caseload, but it has also improved my listening skills and patience, and has served as an exceptional setting for building earnest relationships, says Steven DeGeorge at Robinson Bradshaw.
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Exploring Alternatives To Noncompetes Ahead Of FTC Ban
Ahead of the Sept. 4 effective date for the Federal Trade Commission's noncompete ban, employers should seek new ways to protect their proprietary and other sensitive information, including by revising existing confidentiality and nondisclosure agreements, says Harvey Linder at Culhane.
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10 Tips To Build Trust With Your Witness During Trial Prep
Preparing a witness for deposition or trial requires more than just legal skills — lawyers must also work to cultivate trust with the witness, using strategies ranging from wearing a hat when conducting mock cross-examination to offering them a ride to court before they testify, say Faye Paul Teller and Sara McDermott at Munger Tolles.
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DOL's New OT Rule Will Produce Unbalanced Outcomes
The U.S. Department of Labor's new salary level for the Fair Labor Standards Act overtime exemption is about 65% higher than the current threshold and will cause many white collar employees to be classified as nonexempt because they work in a location with a lower cost of living, not because of their duties, says Stephen Bronars at Edgeworth Economics.
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5th Circ. Venue-Transfer Cases Highlight Mandamus Limits
Three ongoing cases filed within the Fifth Circuit highlight an odd procedural wrinkle that may let district courts defy an appellate writ: orders granting transfer to out-of-circuit districts, but parties opposing intercircuit transfer can work around this hurdle to effective appellate review, says Charles Fowler at McKool Smith.
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A Healthier Legal Industry Starts With Emotional Intelligence
The legal profession has long been plagued by high rates of mental health issues, in part due to attorneys’ early training and broader societal stereotypes — but developing one’s emotional intelligence is one way to foster positive change, collectively and individually, says attorney Esperanza Franco.
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To Make Your Legal Writing Clear, Emulate A Master Chef
To deliver clear and effective written advocacy, lawyers should follow the model of a fine dining chef — seasoning a foundation of pure facts with punchy descriptors, spicing it up with analogies, refining the recipe and trimming the fat — thus catering to a sophisticated audience of decision-makers, says Reuben Guttman at Guttman Buschner.
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3 Wage And Hour Tips For A Post-Chevron World
Employers can take three steps to handle day-to-day wage and hour compliance in the event that the U.S. Supreme Court soon reshifts the administrative law landscape by overturning the Chevron doctrine, which could cause a massive sea change in the way we all do business, say Seth Kaufman and Matthew Korn at Fisher Phillips.
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8 Steps Companies Should Take After An Internal Investigation
Given the U.S. Department of Justice’s increasing focus on corporate compliance and remediation of misconduct, companies must follow through in several key ways after an internal investigation to ensure history does not repeat itself, say Jonathan Aronie and Joseph Jay at Sheppard Mullin.
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Circuit Judge Writes An Opinion, AI Helps: What Now?
Last week's Eleventh Circuit opinion in Snell v. United Specialty Insurance, notable for a concurrence outlining the use of artificial intelligence to evaluate a term's common meaning, is hopefully the first step toward developing a coherent basis for the judiciary's generative AI use, says David Zaslowsky at Baker McKenzie.
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Attys Beware 2 Commonly Overlooked NIL Contract Issues
As name, image and likeness deals dominate high school and collegiate sports, preserving a client's NCAA eligibility should be a top priority, so lawyers should understand the potentially damaging contract provisions they may encounter when reviewing an agreement, says Paula Nagarajan at Arnall Golden.
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After Years Of Popularity, PAGA's Fate Is Up In The Air
The last two years held important victories for plaintiff-side employment attorneys in California Private Attorneys General Act litigation at the trial and appellate court levels, but this hotbed of activity will quickly lose steam if voters approve a ballot measure in November to enact the California Fair Pay and Employer Accountability Act, says Paul Sherman at Kabat Chapman.
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12 Keys To Successful Post-Trial Juror Interviews
Post-trial interviews offer attorneys an avenue to gain valuable insights into juror decision making and get feedback that can inform future litigation strategies, but certain best practices must be followed to get the most out of this research tool, say Alexa Hiley and Brianna Smith at IMS Legal.
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How Employers, Attorneys Can Respond To Noncompete Ban
As the Federal Trade Commission's recently issued noncompete ban faces ongoing legal challenges, now is a good time for employers to consider whether they want to take a wait-and-see approach before halting use of noncompetes and for practitioners to gain insight into other tools available to protect their clients' business interests, says Jennifer Platzkere Snyder at Dilworth Paxson.