Employment

April 10, 2025
Mental Health Co. Workers Challenge Unpaid-Training Ruling

A group of workers told a North Carolina federal court Thursday that they were employees of a residential mental health company before they started their initial training, urging the court to reconsider its ruling that they didn't need to get paid for that time.
April 10, 2025
Mondelez In-House Atty Returns To Ogletree Deakins In NJ

Ogletree Deakins Nash Smoak & Stewart PC's Morristown, New Jersey, office this week has welcomed back a former partner with 15 years of legal experience who left the firm for an in-house role at the food company Mondelez International.
April 10, 2025
Insurer Denies $3M Legal Fees After Worker Death Settlement

An insurer that paid its policy limits on behalf of insured contractors to settle a lawsuit over a jobsite fatality told an Oklahoma federal court it owed no coverage for more than $3 million in legal fees incurred because the insureds hired private counsel without consent.
April 10, 2025
DC Circ.'s Views Of Hospital's Union Offers Tough To Read

The D.C. Circuit's leanings were tough to glean Thursday as judges raised few questions about a National Labor Relations Board ruling that George Washington University Hospital's aggressive bargaining proposals showed it approached negotiations with a longtime union in bad faith.
April 10, 2025
Ill. Ambulance Co. Accused Of Denying Overtime Pay

An Illinois ambulance services company runs afoul of state and federal wage and hour laws by paying employees overtime wages only when they work more than 80 hours in a two-week period, thus denying the workers some of their overtime pay, a proposed class and collective action filed in federal court said.
April 10, 2025
Sagitec Sues Deloitte For Defamation In Trade Secrets Spat

Software company Sagitec Solutions has accused Deloitte Consulting of conducting an "ongoing campaign of disparagement and unfair competition," alleging in a complaint in Delaware federal court that Deloitte has falsely claimed that Sagitec's unemployment and pension administration programs are based on stolen trade secrets.
April 10, 2025
DraftKings Engineer's Suit Over Parental Leave Narrowed

A Massachusetts federal judge on Thursday hacked a former DraftKings engineer's retaliation lawsuit to nearly nothing, leaving intact a single claim that his firing by the sports betting platform violated the federal Family and Medical Leave Act.
April 10, 2025
Thompson Hine Appeals Arbitration Denial In Harassment Suit

Thompson Hine LLP notified a New York federal court Wednesday of its plans to appeal last week's ruling that a former income partner who accused the firm of allowing a "toxic boys club" to flourish in its Manhattan office can still pursue her harassment suit outside arbitration.
April 10, 2025
6th Circ. Backs Ford In Race, Sexual Harassment Suit

The Sixth Circuit declined to scrap a jury win for Ford Motor Co. in a Black ex-employee's suit claiming she was sexually assaulted and racially harassed on the job, ruling the verdict lined up with a lack of evidence that Ford could have stopped the alleged mistreatment sooner.
April 10, 2025
Colo. Health System Wants Nurses' Wage Suit Trimmed

A group of nurses cannot proceed with their claim under the Colorado Minimum Wage Act that a state health system incorrectly calculated their overtime wages, the employer told a federal court, arguing that the allegation has nothing to do with unpaid minimum wages.
April 09, 2025
Trump Instructs Agencies To Quietly Repeal Regs If Possible

President Donald Trump on Wednesday directed federal agencies to prioritize repealing regulations that don't comply with a list of recent U.S. Supreme Court decisions regarding, among other things, the environment, administrative courts and affirmative action, instructing them to do so without public notice and comment if possible.
April 09, 2025
FBI Agent Denounced By OneTaste Execs Likely To Testify

An FBI agent accused of misconduct by two former OneTaste executives will likely be allowed to testify at their upcoming trial on forced labor conspiracy charges, a Brooklyn federal judge said Wednesday.
April 09, 2025
'Evasive' Unions Told To List Fired Probationary Workers

The California federal judge who ordered the reinstatement of many fired probationary federal workers before the U.S. Supreme Court stayed his ruling on Wednesday ordered the public sector unions representing federal staffers to provide a list of their booted members, calling their claims that the information would be difficult to produce "evasive."
April 09, 2025
Oracle Inks $15.5M Deal In Sales Representatives' PAGA Suit

Oracle America will pay $15.5 million to over 5,000 current and former sales representatives who filed a Private Attorneys General Act case in California state court alleging Oracle delayed commission payments, bringing the decade-long wage fight closer to its end, according to a settlement agreement announced Wednesday.
April 09, 2025
9th Circ. Judge Says New AB 5 Args 'More Nails In The Coffin'

A Ninth Circuit judge appeared skeptical Wednesday of a renewed challenge to California's A.B. 5 independent contractor test bought by a trucking association, telling an attorney his client's previous arguments were "better before" and the new ones may just be "more nails in the coffin."
April 09, 2025
Split 11th Circ. Denies Rehearing In Ga. Tech Title IX Case

A sharply divided Eleventh Circuit refused Tuesday to grant a full-court rehearing of a panel decision ending a sex discrimination suit from Georgia Tech's longtime women's basketball coach, prompting a rebuke from the court's Democratic-appointed judges who said the court has "just failed to learn the lesson" that educators deserve a right of action under Title IX.
April 09, 2025
Hollywood Filmmaker Owes $1.7B For Sex Assault, Jury Says

A New York state jury held Wednesday that Oscar-nominated screenwriter and director James Toback must pay $1.68 billion to 40 women he sexually assaulted over the course of four decades, according to an announcement from the victims' lawyers.
April 09, 2025
Justice Explores 'Reasonableness' In Worker Contract Case

Michigan's Supreme Court on Wednesday weighed the possibility of reintroducing a judicial test — abolished 20 years ago — to consider whether employment contracts that shorten the time frame within which a worker can sue are reasonable as an employee urged a finding that such contract terms weaken workers' civil rights protections.
April 09, 2025
Furniture Co. Will Pay $1.5M Over PPP Loan Fraud Charge

A North Carolina leather furniture supplier has agreed to a nearly $1.5 million deal ending government claims that it used manipulated payroll numbers to meet requirements for loan forgiveness under the COVID-era federal Payment Protection Program.
April 09, 2025
Revived Burger King No-Poach Case Survives Dismissal

A Florida federal judge Wednesday denied Burger King's bid to toss proposed class action claims over the fast-food chain's past use of no-poach provisions in its franchise agreements, finding the workers' antitrust and fraud claims could proceed.
April 09, 2025
AIG Unit Seeks $3.7M Clawback In Whistleblower Murder Row

A tree service company, subsidiary and certain former employees can't be covered in two civil suits alleging an employee was murdered for reporting the company's use of undocumented labor, an AIG unit told an Ohio federal court, seeking nearly $3.7 million in coverage reimbursement.
April 09, 2025
Mass. Justices Asked To Raise Bar For Pension, Benefit Loss

Massachusetts' highest court was asked on Wednesday to adopt a more expansive interpretation of what constitutes cruel or unusual punishment or an excessive fine in the case of a former state trooper whose $1 million public pension and healthcare benefits were forfeited after his conviction in an overtime fraud case.
April 09, 2025
Apple Agrees To Revise Some Worker Policies In NLRB Deal

Apple will revise some parts of its confidentiality agreement and other worker policies as part of an unfair labor practice settlement at the National Labor Relations Board, according to the deal, which requires the tech giant to put up a post indefinitely on a public-facing website.
April 09, 2025
Tire Co. In Talks With EEOC To Resolve Harassment Case

The owner of a Massachusetts scrap tire facility and the U.S. Equal Opportunity Employment Commission are in the process of drafting an agreement to resolve allegations that Hispanic workers faced harassment and threats on the job, then were fired in retaliation for striking, according to a Wednesday filing.
April 09, 2025
LA DA Demoted Prosecutors Over Menendez Work, Suits Say

The Los Angeles County District Attorney's Office has been sued by two former top prosecutors who say they were demoted in retaliation for advocating to have Erik and Lyle Menendez released from prison after serving more than 35 years for murder.

Expert Analysis

What To Expect In Higher Ed Enforcement Under Trump

Colleges and universities should prepare for shifting priorities, as President-elect Donald Trump is likely to focus less on antitrust cases and more on foreign relations policy, while congressional oversight of higher education continues to increase, say attorneys at Steptoe.
Series

NY Banking Brief: All The Notable Legal Updates In Q4

In 2024's final quarter, the New York State Department of Financial Services published guidance on mitigating the rising cybersecurity risks of artificial intelligence and remote technology workers with North Korean ties, and the state attorney general launched an antitrust investigation into Capital One's proposed Discover merger, say attorneys at Haynes Boone.
How Trial Attys Can Wield Amended Federal Evidence Rules

Trial lawyers should assess recent amendments to four Federal Rules of Evidence and a newly enacted rule on illustrative aids to determine how to best use the rules to enhance pretrial discovery and trial strategy, says Stewart Edelstein, former litigation chair at Cohen & Wolf.
Series

Exercising On My Peloton Bike Makes Me A Better Lawyer

While I originally came to the Peloton bike for exercise, one cycling instructor’s teachings have come to serve as a road map for practicing law thoughtfully and mindfully, which has opened opportunities for growth and change in my career, says Andrea Kirshenbaum at Littler.
Lessons From United's Axed Win In Firing Over Online Pics

In Wawrzenski v. United Airlines, a California state appeals court revived a flight attendant’s suit over her termination for linking photos of herself in uniform to her OnlyFans account, providing a cautionary tale for employers navigating the complexities of workplace policy enforcement in the digital age, say attorneys at ArentFox Schiff.
3 Factors Affecting Retail M&A Deals In 2025

Retailers considering mergers and acquisitions this year face an evolving antitrust environment, including a new administration under President-elect Donald Trump, revised merger guidelines and a precedent set last year by a canceled $8.5 billion handbag merger, say attorneys at DLA Piper.
How Trump Admin May Approach AI In The Workplace

Key indicators suggest that the incoming Trump administration will adopt a deregulatory approach to artificial intelligence, allowing states to fill the void, so it is critical that employers pay close attention to developing legal authority concerning AI tools, say attorneys at Littler.
Top 10 Legal Issues This Year For Transportation Industry GCs

General counsel must carefully consider numerous legal and policy challenges facing the automotive and transportation industry in the year to come, especially while navigating new technologies, regulations and global markets, says Francesco Liberatore at Squire Patton.
Exploring Venue Strategy For Trump-Era Regulatory Litigation

Litigation will likely play a prominent role in shaping policy outcomes during the second Trump administration, and stakeholders have several tools at their disposal to steer regulatory litigation toward more favorable venues, say attorneys at Covington.
What 2024's Noncompete Turmoil Means For Banks In 2025

A look back at the most significant legal challenges to the enforceability of various restrictive covenants like noncompete and nonsolicitation agreements in 2024 can help financial institutions address the use of these critical tools this year, say attorneys at Maynard Nexsen.
Lessons Learned From 2024's Top FMLA Decisions

Last year's major litigation related to the Family and Medical Leave Act underscores why it is critical for employers to understand the basics of when leave and accommodations are required, say attorneys at Dechert.
New Year, New Risks: 8 Top Cyber Issues For Finance In 2025

As financial institutions forge ahead in 2025, they must strike a delicate balance between embracing technological innovation and guarding against its darker threats, which this year could include everything from supply chain vulnerabilities to deepfakes, say attorneys at Baker Donelson.
Lessons Learned From 2024's Top ADA Decisions

Last year's major litigation related to the Americans with Disabilities Act highlights that when dealing with accommodation requests, employers must communicate clearly, appreciate context and remain flexible in addressing needs, say attorneys at Dechert.
Series

Playing Esports Makes Me A Better Lawyer

Competing in a global esports tournament at Wimbledon last year not only fulfilled my childhood dream, but also sharpened skills that are essential to my day job, including strategic thinking, confidence and networking, says AJ Schuyler at Jackson Lewis.
Lessons From The SEC's 2024 Crackdown On AI Washing

AI washing was the subject of increased scrutiny from the U.S. Securities and Exchange Commission in 2024 following a surge in the commercial adoption of generative artificial intelligence technologies in 2023, highlighting the importance of transparency, accuracy and accountability when communicating about AI, say attorneys at Perkins Coie.