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Employment
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July 24, 2024
Jenner & Block Wants Out Of COVID Vax Refusal Firing Suit
Jenner & Block LLP has asked an Illinois federal judge to toss a former employee's claims that she was fired after being denied a religious exemption from the firm's COVID-19 vaccine mandate, saying she didn't do enough to spell out her religious beliefs or how they conflict with the vaccine.
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July 24, 2024
Rising Star: Weil's Rebecca Sivitz
Rebecca Sivitz of Weil Gotshal & Manges LLP has helped several companies successfully handle mergers and restructuring, including helping The Kroger Co. face a first-of-its-kind challenge from the Federal Trade Commission, earning her a spot among the employment law practitioners under age 40 honored by Law360 as Rising Stars.
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July 24, 2024
Red Lobster Accused Of Shorting Wages With Tip Credit
Red Lobster has not been paying its tipped employees all their wages owed, a worker claimed in a proposed collective action in Maryland federal court, saying the seafood chain made them perform excessive non-tip-generating work that drove their take-home pay below minimum wage.
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July 23, 2024
7th Circ. Affirms Ruling Mining Co. Flouted Labor Law
The Seventh Circuit on Tuesday backed the National Labor Relations Board's ruling that a mining company violated federal labor law by unilaterally barring employees from clocking in more than five minutes before their shift, but it denied a union's bid to extend the violation to strike replacements.
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July 23, 2024
Lack Of Quorum Dooms EEOC Pregnancy Regs, Co. Says
A Texas industrial sales company sued the U.S. Equal Employment Opportunity Commission on Monday, challenging the constitutionality of the Pregnant Workers Fairness Act, which echoes federal disability law in requiring employers to provide reasonable accommodations for pregnant workers on the job.
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July 23, 2024
Nettled Exec Tells Jury Wells Fargo Doesn't Get His Disability
A former Wells Fargo managing director who claims he was terminated because of his disability wavered between being tearful and exasperated during four hours on the stand Tuesday as he tried to explain to a jury in Charlotte what workplace accommodations he was seeking and why.
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July 23, 2024
Construction Co. Protests Union Clause In Army Corps Deal
Hensel Phelps Construction Co. has protested over terms of an Army Corps of Engineers construction contract requiring bidders to enter into a project labor agreement, mandated by regulation, saying the PLA requirement violates a competitive contracting law.
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July 23, 2024
Ex-Raytheon Worker Asks High Court To Take Up Firing Suit
A former employee of defense contractor Raytheon asked the U.S. Supreme Court to reverse his ouster from the company, arguing that the Fifth Circuit's finding that he shouldn't be reinstated set up a circuit split.
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July 23, 2024
Ex-Allied World Exec To Change Plea In $1.5M Fraud Case
Allied World National Insurance's former executive, who pled not guilty to wire fraud charges earlier this year stemming from a $1 million embezzlement scheme, will change his plea next week in Connecticut federal court, according to a minute entry order entered Tuesday.
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July 23, 2024
7th Circ. Says Ex-Officer's Offensive Posts Not Protected
The Seventh Circuit refused Tuesday to reopen a former officer's lawsuit alleging the Illinois Department of Corrections unlawfully suspended him for 10 days because of Islamophobic social media posts, finding the agency's need for order outweighed his interest in publicly expressing his opinions.
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July 23, 2024
FTC Attys On Kroger Case Get Extensions After IT Outage
The administrative law judge overseeing the Federal Trade Commission's in-house challenge to Kroger and Albertsons' $25 billion merger has given the agency and the grocery behemoths two extra days on a couple of filing deadlines after the FTC said the worldwide Microsoft outage left several counsel laptops unusable.
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July 23, 2024
Optum Can Arbitrate Calif. Healthcare Provider's Antitrust Suit
A California federal judge Tuesday ordered certain Emanate Health entities who signed hospital services and physician agreements with Optum to arbitrate their antitrust suit accusing it of monopolizing a primary care physician market, finding the agreements encompass rules that say issues of arbitrability will be referred to an arbitrator.
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July 23, 2024
University Of Chicago Union Hit With Antisemitism Claims
A nonprofit advocating for graduate students accused the union representing them at the University of Chicago of antisemitism, claiming the union is violating the First Amendment by making student workers pay fees to continue their employment despite statements the union has made about the war in Gaza.
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July 23, 2024
$680M Allergan FCA Suit Tossed After High Court Revival
A Maryland federal judge on Tuesday again tossed a False Claims Act suit accusing an Allergan unit of overcharging Medicaid, previously revived by the U.S. Supreme Court, saying a whistleblower still hadn't shown any deliberate wrongdoing by the company.
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July 23, 2024
Chancery Spikes Raytheon Stockholder's Derivative Suit
A shareholder who faulted directors at Raytheon Technologies Corp. for allowing a special committee to change employee compensation plans without first seeking stockholder approval has failed to show how the board of directors did anything wrong, a Delaware vice chancellor ruled Tuesday, dismissing the derivative lawsuit.
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July 23, 2024
NC Meatpacking Co. Can Depose Workers In Wage Dispute
A North Carolina federal court has permitted a chicken processing company to question two workers as part of a wage suit against the wishes of a putative class of employees, saying the interrogation request didn't come too late.
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July 23, 2024
Ikea Sanctioned For Destroying Evidence In Age Bias Suit
A Pennsylvania federal judge hit furniture retailer Ikea with nearly $567,000 in sanctions on Tuesday for deleting emails requested for discovery in a suit filed by a putative class of store workers challenging company policies for alleged age discrimination.
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July 23, 2024
Union, Workers Can't Halt Release Of Therapy Docs
An AFL-CIO affiliated union can't stop a utility company from requesting therapy notes from three workers who are trying to return to work from short-term disability, a Pennsylvania federal judge ruled, saying that there is a lack of irreparable injury.
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July 23, 2024
Wash. Justices Decline 9th Circ. Request in Uber Murder Case
Washington State's Supreme Court has declined to answer a certified question from the Ninth Circuit over whether Uber Technologies Inc. had a duty to use reasonable care to protect one of its drivers who was murdered in a carjacking.
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July 23, 2024
Amazon Fights To Arbitrate Sellers' Misclassification Claims
Amazon urged a California appellate panel on Tuesday to compel arbitration for individual claims from two sellers accusing the online retailer of misclassifying them as independent contractors, and to direct the trial court to toss their representative claims under the state's Private Attorneys General Act.
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July 23, 2024
6th Circ. Judge Doubts Cover-Up Part Of Fire Chief's Job
A Sixth Circuit judge on Tuesday said he found it hard to believe a Michigan mayor could avoid an ex-fire chief's retaliation suit by claiming the chief's refusal to follow a directive to cover up firefighters' alleged misconduct was part of his job description.
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July 23, 2024
Harvard Hit With Bias Suit By Coach Ousted Amid Complaints
The former longtime women's hockey coach at Harvard University alleged in a federal suit Tuesday that school administrators held her to a different standard and paid her "significantly" less than male coaches, before pushing her out over what she says were ultimately unsubstantiated complaints from ex-players.
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July 23, 2024
6th Circ. Vows Careful Immunity Take In Prof's Retaliation Suit
The Sixth Circuit wrestled Tuesday with whether six University of Louisville officials were each rightly denied immunity from a former professor's suit alleging he was unconstitutionally pushed out because of his views on treating childhood gender dysphoria, with one judge promising meticulous assessments of each defendant.
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July 23, 2024
Texas Judge Says SpaceX Will Likely Win NLRB Challenge
A Texas federal judge explained Tuesday why he blocked a case against SpaceX from proceeding before the National Labor Relations Board, saying he thinks the company is likely to win its constitutional challenge to the agency's structure.
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July 23, 2024
Senate Dems Roll Out Bill To Codify Chevron Deference
Sen. Elizabeth Warren, D-Mass., led a group of Democratic senators Tuesday in introducing a bill to codify the now-defunct doctrine of Chevron deference after it was struck down by the U.S. Supreme Court last month.
Expert Analysis
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Exploring An Alternative Model Of Litigation Finance
A new model of litigation finance, most aptly described as insurance-backed litigation funding, differs from traditional funding in two key ways, and the process of securing it involves three primary steps, say Bob Koneck, Christopher Le Neve Foster and Richard Butters at Atlantic Global Risk LLC.
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FTC Noncompete Rule's Impact On Healthcare Nonprofits
Healthcare entities that are nonprofit or tax-exempt and thus outside of the pending Federal Trade Commission noncompete rule's reach should evaluate a number of potential risk factors and impacts, starting by assessing their own status, say Ben Shook and Tania Archer at Moore & Van Allen.
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Trump Hush Money Case Offers Master Class In Trial Strategy
The New York criminal hush money trial of former President Donald Trump typifies some of the greatest challenges that lawyers face in crafting persuasive presentations, providing lessons on how to handle bad facts, craft a simple story that withstands attack, and cross-examine with that story in mind, says Luke Andrews at Poole Huffman.
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Why Employers Shouldn't Overreact To Protest Activities
Recent decisions from the First Circuit in Kinzer v. Whole Foods and the National Labor Relations Board in Home Depot hold eye-opening takeaways about which employee conduct is protected as "protest activity" and make a case for fighting knee-jerk reactions that could result in costly legal proceedings, says Frank Shuster at Constangy.
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Series
Teaching Yoga Makes Me A Better Lawyer
Being a yoga instructor has helped me develop my confidence and authenticity, as well as stress management and people skills — all of which have crossed over into my career as an attorney, says Laura Gongaware at Clyde & Co.
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Best Practices To Accommodate Workplace Service Animals
Excerpt from Practical Guidance
Since the U.S. Equal Employment Opportunity Commission recently pledged to enforce accommodations for people with intellectual, developmental and mental health-related disabilities, companies should use an interactive process to properly respond when employees ask about bringing service animals into the workplace, say Samuel Lillard and Jantzen Mace at Ogletree.
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A Vision For Economic Clerkships In The Legal System
As courts handle increasingly complex damages analyses involving vast amounts of data, an economic clerkship program — integrating early-career economists into the judicial system — could improve legal outcomes and provide essential training to clerks, say Mona Birjandi at Data for Decisions and Matt Farber at Secretariat.
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Examining Illinois Genetic Privacy Law Amid Deluge Of Claims
After a federal court certified an Illinois Genetic Information Privacy Act class action in August, claims under the law have skyrocketed, so employers, insurers and others that collect health and genetic information should ensure compliance with the act to limit litigation risk, say attorneys at Squire Patton.
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7 Effects Of DOL Retirement Asset Manager Exemption Rule
The recent U.S. Department of Labor amendment to the retirement asset manager exemption delivers several key practical impacts, including the need for managers, as opposed to funds, to register with the DOL, say attorneys at Ropes & Gray.
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Kansas Workers' Comp. Updates Can Benefit Labor, Business
While the most significant shake-up from the April amendment to the Kansas Workers Compensation Act will likely be the increase in potential lifetime payouts for workers totally disabled on the job, other changes that streamline the hearing process will benefit both employees and companies, says Weston Mills at Gilson Daub.
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Protecting IP May Be Tricky Without Noncompetes
Contrary to the Federal Trade Commission's view, trade secret law cannot replace noncompetes' protection of proprietary information because intellectual property includes far more than just trade secrets, so businesses need to closely examine their IP protection options, say Aimee Fagan and Ching-Lee Fukuda at Sidley.
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How FTC's Noncompete Rule May Affect Exec Comp Packages
In the event the Federal Trade Commission's final noncompete rule goes into effect as currently contemplated, companies will need to take stock of how they structure post-employment executive compensation arrangements, such as severance agreements and clawbacks, says Meredith O'Leary at King & Spalding.
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8 Legal Issues Influencing Investors In The Creator Economy
The rapidly expanding digital creator economy — funding for which more than doubled in the U.S. in the first quarter — comes with its own set of unique legal issues investors must carefully consider before diving in, say Louis Lehot and Alan Pate at Foley & Lardner.
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E-Discovery Quarterly: Recent Rulings On Text Message Data
Electronically stored information on cellphones, and in particular text messages, can present unique litigation challenges, and recent court decisions demonstrate that counsel must carefully balance what data should be preserved, collected, reviewed and produced, say attorneys at Sidley.
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What CRA Deadline Means For Biden Admin. Rulemaking
With the 2024 election rapidly approaching, the Biden administration must race to finalize proposed agency actions within the next few weeks, or be exposed to the chance that the following Congress will overturn the rules under the Congressional Review Act, say attorneys at Covington.