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Employment
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November 12, 2024
6th Circ. Must Revive Pension Data Suit, Kellogg Retirees Say
A group of married Kellogg retirees asked the Sixth Circuit to revive claims that they received less value for their money than single retirees when collecting pensions, saying Kellogg uses outdated data when converting pensions from single-life annuity form.
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November 12, 2024
Two Ga. Companies Hit With Data Breach Class Actions
Two Georgia companies were sued in federal court on Friday over their alleged failure to safeguard the personally identifiable information of thousands in data breaches that occurred earlier this year.
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November 12, 2024
Wash. Labor Dept. Wants Out Of Union's Farm Wage Claims
The Washington Employment Security Department wants to escape a farmworker union's Administrative Procedure Act challenge to the U.S. Department of Labor's prevailing wage rules in federal court, saying that the law isn't applicable to state agencies.
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November 12, 2024
NLRB Constitutionality Arguments Meet Skeptical 2nd Circ.
The Second Circuit was skeptical Tuesday of a nursing home's arguments that a National Labor Relations Board case against it should be blocked because of constitutional issues with the agency's judges, with an appellate panel questioning whether the company showed it is harmed by the alleged defects.
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November 12, 2024
Ga. Health Board Fired Worker For Reporting Bias, Suit Says
The Fulton County Board of Health has been sued in Georgia federal court by a white former employee who alleges she was suspended from her job and then fired for reporting racial discrimination.
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November 12, 2024
Amazon Harassing Drivers Via Discovery Demand, Court Told
Amazon is harassing delivery drivers with an overly broad request for documents, including a decade's worth of tax returns and cellphone records, and its request should be tailored to reflect that many claims in an 8-year-old lawsuit were recently nixed, the workers told a Washington federal court.
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November 12, 2024
Navajo Co. Says Paralegal Blocking Return Of Privileged Docs
A Navajo Nation natural resources company is suing a former paralegal in Colorado state court to enforce a settlement requiring the return of confidential documents that she allegedly emailed to herself, accusing the paralegal of "erecting unreasonable roadblocks" to their agreement.
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November 12, 2024
10th Circ. Backs Arbitration Denial In Distributor's OT Suit
The Tenth Circuit declined Tuesday to disturb a ruling that a baking company can't boot to arbitration a distributor's lawsuit alleging he was denied overtime pay, finding the worker is exempt from arbitration because he's engaged in interstate commerce even though he doesn't cross state lines.
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November 12, 2024
Trial Consultant Agrees To Keep Ex-Employer's Biz Info Secret
An ex-employee for jury analysis firm Jury-X has agreed to avoid using the company's confidential information while its trade secrets lawsuit unfolds, according to a stipulation filed Tuesday in North Carolina federal court.
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November 12, 2024
3rd Circ. Says County Not Liable For Accused Harassers' Acts
The Third Circuit refused to give a Delaware county worker a second shot at his suit claiming one male colleague targeted him with homophobic and racist harassment and another sexually assaulted him, saying the worker didn't do enough to put the company on notice that it needed to intervene.
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November 12, 2024
NY Costco Junior Managers' Wage Statement Claim Tossed
Three junior Costco managers' declarations contradicted their proposed collective action claiming that the retail company's wage statements didn't allow them to determine whether they worked overtime, a New York federal judge ruled, trimming their suit.
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November 12, 2024
Justices Deny Nurse's Challenge To Labor Preemption
The U.S. Supreme Court turned away a California nurse's challenge to a state court decision rejecting an unfair firing suit Tuesday, declining to take another pass at what sort of labor-related suits plaintiffs may bring in court.
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November 12, 2024
MVP: deRubertis Law's David M. deRubertis
Worker-side lawyer David deRubertis, who runs his own firm, says he has helped workers win $526 million in damages from their employers in the past two years alone, earning him a spot as one of the 2024 Law360 Employment MVPs.
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November 12, 2024
TikTok Refused To Pay Sales Reps Overtime, Court Told
TikTok misclassified its inside sales representatives as overtime-exempt and declined to pay them overtime wages despite their often clocking in far more than 40 hours per week, two former employees told a California federal court.
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November 12, 2024
High Court Turns Away Fired Cop's Race Discrimination Suit
The U.S. Supreme Court refused Tuesday to review a Black police officer's suit alleging a New York town unlawfully fired her after she hurt her back, leaving in place the Second Circuit's determination that she lacked evidence of white men being treated better.
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November 08, 2024
Combs Suggests $50M Bail As He Loses Bid For Gag Order
Sean "Diddy" Combs on Friday again asked a New York federal court to release him ahead of his trial, suggesting an updated, "far more robust" $50 million bail package the same day the court rejected the hip-hop mogul's push for a gag order forbidding his sexual assault accusers from speaking out.
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November 08, 2024
NJ Ethics Board Escapes Contempt Bid In Retaliation Fight
A New Jersey judge Friday denied a former state health official's bid to hold a Garden State ethics agency in contempt over stalled discovery in his wrongful termination suit, ruling there was no basis for the court to conclude there was any type of willful conduct to not comply with a discovery order.
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November 08, 2024
BCBS Hit With $12.7M Verdict In Worker's Vax Mandate Suit
A Michigan federal jury on Friday awarded $12.69 million to a former Blue Cross Blue Shield of Michigan employee who said she was fired after her employer failed to accommodate her religious beliefs, which she said prevented her from getting the COVID-19 vaccine.
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November 08, 2024
Employment Authority: How Trump's Win May Impact NLRB
Law360 Employment Authority covers the biggest employment cases and trends. Catch up this week with coverage of how President-elect Donald Trump's second term could affect the National Labor Relations Board, lead to limits on workplace diversity, equity and inclusion programs and cause shifts in wage-and-hour policies that favor employers.
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November 08, 2024
Off The Bench: Mo. Betting, NCAA Budges, New Ohtani Drama
In this week's Off The Bench, Missouri becomes the latest state to legalize sports betting, an antitrust class action forces more changes to the NCAA's eligibility rules, and Shohei Ohtani's historic season spurs another memorabilia lawsuit.
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November 08, 2024
Ill. Judge Sends Abbott Safety Gear OT Suit To Ohio
Two Abbott Laboratories employees accusing the company of illegally failing to pay them for sanitary gear changes shouldn't litigate their claims in Chicago but rather Ohio, where a similar lawsuit they were previously part of is pending, an Illinois federal judge said.
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November 08, 2024
Ill. AG Strikes $11M Deal With DoorDash Over Driver Tips
DoorDash has agreed to pay $11.25 million to resolve a lawsuit accusing it of violating Illinois consumer protection law by misrepresenting to its users that drivers would keep 100% of their tips, according to a consent decree reached with the state.
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November 08, 2024
Ex-Elanco IP Lawyer Lodges Gender Discrimination Suit
A female former in-house intellectual property lawyer at Elanco Animal Health Inc. sued the pharmaceutical company for gender discrimination in Indiana federal court, alleging she was passed over for a promotion in favor of a less qualified man who later mistreated the women on staff.
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November 08, 2024
NYC Water Worker Alleges Retaliation For Off-Duty Pot Use
A municipal water treatment worker has filed a discrimination lawsuit against the New York City Department of Environmental Protection claiming he was wrongly punished for his legal off-duty use of cannabis and wrongly terminated for refusing to take a drug test when he was actually suffering a medical emergency.
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November 08, 2024
Pot Co. Employees Accuse Billionaire Owner Of Fraud
Former executives of troubled medical marijuana startup Parallel are suing its former CEO and heir to the Wrigley gum fortune, claiming the billionaire paid them in "worthless" shares that he overvalued, resulting in tax bills they can't afford.
Expert Analysis
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Why Attorneys Should Consider Community Leadership Roles
Volunteering and nonprofit board service are complementary to, but distinct from, traditional pro bono work, and taking on these community leadership roles can produce dividends for lawyers, their firms and the nonprofit causes they support, says Katie Beacham at Kilpatrick.
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How NJ Temp Equal Pay Survived A Constitutional Challenge
The Third Circuit recently gave the New Jersey Temporary Workers' Bill of Rights a new lease on life by systematically dismantling multiple theories of the act's unconstitutionality brought by staffing agencies hoping to delay their new equal pay and benefits obligations, say attorneys at Duane Morris.
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Firms Must Offer A Trifecta Of Services In Post-Chevron World
After the U.S. Supreme Court’s Loper Bright Enterprises v. Raimondo decision overturning Chevron deference, law firms will need to integrate litigation, lobbying and communications functions to keep up with the ramifications of the ruling and provide adequate counsel quickly, says Neil Hare at Dentons.
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5 Tips To Succeed In A Master Of Laws Program And Beyond
As lawyers and recent law school graduates begin their Master of Laws coursework across the country, they should keep a few pointers in mind to get the most out of their programs and kick-start successful careers in their practice areas, says Kelley Miller at Reed Smith.
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NYC Wage Info Bill Highlights Rise In Pay Transparency Laws
With New York City the latest to mull requiring companies to annually report employee wage data, national employers should consider adapting their compliance practices to comply with increasingly common pay transparency and disclosure obligations at state and local levels, says Kelly Cardin at Littler Mendelson.
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When Trauma Colors Testimony: How To Help Witnesses
As stress-related mental health issues continue to rise, trial attorneys must become familiar with a few key trauma-informed strategies to help witnesses get back on track — leaning in to the counselor aspect of their vocations, say Ava Hernández and Steve Wood at Courtroom Sciences.
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Series
Being An Opera Singer Made Me A Better Lawyer
My journey from the stage to the courtroom has shown that the skills I honed as an opera singer – punctuality, memorization, creativity and more – have all played a vital role in my success as an attorney, says Gerard D'Emilio at GableGotwals.
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How Law Firms Can Avoid 'Collaboration Drag'
Law firm decision making can be stifled by “collaboration drag” — characterized by too many pointless meetings, too much peer feedback and too little dissent — but a few strategies can help stakeholders improve decision-making processes and build consensus, says Steve Groom at Miles Mediation.
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Workday AI Bias Suit Suggests Hiring Lessons For Employers
As state laws and a federal agency increasingly focus on employment bias introduced by artificial intelligence systems, a California federal court's recent decision to allow a discrimination suit to proceed against Workday's AI-driven recruitment software, shows companies should promptly assess these tools' risks, say attorneys at Williams & Connolly.
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When The Supreme Court Gives You Lemons, Make Lemonade
Instead of grousing about the U.S. Supreme Court’s recent decisions overturning long-standing precedents, attorneys should look to history for examples of how enterprising legal minds molded difficult decisions to their advantage, and figure out how to work with the cards they’ve been dealt, says Reuben Guttman at Guttman Buschner.
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What BIPA Reform Law Means For Biometrics Litigation
A recently signed Illinois law amending the Biometric Information Privacy Act limits defendants' liability exposure on a per-scan basis and clarifies that electronic signatures constitute a valid written release, establishing additional issues that courts will need to address in future BIPA litigation, say attorneys at Faegre Drinker.
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How Anti-DEI Bill Could Affect Employers' Diversity Efforts
Sen. J.D. Vance's recently introduced Dismantle DEI Act would substantially limit employers’ ability to implement and promote workplace diversity, equity and inclusion, but there are still steps employers can take to support a diverse workforce, says Peter Ennis at Cozen O’Connor.
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Opinion
Proposed Law Would Harm NYC Hospitality Industry
A recently proposed New York City Law that would update hotel licensing and staff coverage requirements could give the city commissioner and unions undue control over the city's hospitality industry, and harm smaller hotels that cannot afford full-time employees, says Stuart Saft at Holland & Knight.
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Opinion
Litigation Funding Disclosure Key To Open, Impartial Process
Blanket investor and funding agreement disclosures should be required in all civil cases where the investor has a financial interest in the outcome in order to address issues ranging from potential conflicts of interest to national security concerns, says Bob Goodlatte, former U.S. House Representative for Virginia.
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Comparing 5 Administrators' Mass Arbitration Procedures
Attorneys at DLA Piper compare the rules for mass arbitrations at five different arbitration providers — Judicial Arbitration and Mediation Services, American Arbitration Association, National Arbitration and Mediation, FedArb and New Era ADR — including their triggers, claim screening procedures, how and when they assess fees, and more.