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Employment
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November 05, 2024
The Firms With An Inside Track To A New Trump Admin
Law firms that have represented Donald Trump and the Republican Party on everything from personal legal woes to election-related lawsuits could see the risks of that work pay dividends as Trump is projected to secure a second term in office.
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November 05, 2024
California's $18 Minimum Wage Initiative Too Close To Call
In the early morning hours on Wednesday, it was still too close to call whether California voters would approve an initiative to increase the statewide minimum wage from the current floor of $16 an hour to $18 an hour, with votes against the measure slightly ahead.
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November 05, 2024
Former Fla. Prosecutor Ousted By DeSantis Wins Back Seat
Florida voters Tuesday brought back one of the former state attorneys previously suspended by GOP Gov. Ron DeSantis for neglect of duty and incompetence over policy disagreements in handling prosecutions for certain cases.
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November 05, 2024
Mich. Unemployment Claimants, UAW Seek Class Certification
The United Auto Workers union and Michigan residents urged a federal judge Monday to certify a class of people who say the state suspended their unemployment payments without proper notice, a practice the claimants say violates a seven-year-old agreement with the state's unemployment insurance agency.
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November 05, 2024
NLRB Judge Orders 3rd Vote At Ala. Amazon Warehouse
Workers at an Amazon warehouse in Alabama are poised to vote for a third time on whether to unionize after a National Labor Relations Board judge on Tuesday found the company interfered with the last vote by vilifying workers' prospective union and confiscating union flyers.
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November 05, 2024
FTC Defends Noncompete Ban In 11th Circ. Appeal
The Federal Trade Commission told the Eleventh Circuit the agency is authorized to make rules like the one banning the use of employee noncompetes and argued that a lower court was wrong to block the commission from enforcing the rule against a retirement community.
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November 05, 2024
NJ Staffing Co. Says Rival Stole Employees And Trade Secrets
Medical staffing agency Aequor Healthcare Services LLC alleged in New Jersey federal court that a rival startup poached three of its employees, and those employees stole confidential information on their way out the door, according to a lawsuit filed Monday.
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November 05, 2024
Audio Worker Says Flagging Ethical Concerns Got Him Fired
An audio series platform reneged on a promise to offer full-time employment to an independent contractor after he raised concerns about discriminatory content the company was producing and then abruptly fired him when he asked about his promised employment contract, a lawsuit filed in California state court said.
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November 05, 2024
Justices Appear Wary Of Higher FLSA Evidence Standards
The U.S. Supreme Court seemed skeptical of heightened evidence standards for the Fair Labor Standards Act overtime exemptions during oral arguments Tuesday, grilling workers' counsel about why such wage rights are more important than others.
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November 05, 2024
Timken Denies Firing Plant Manager Over DEI Push
Ohio-based roller bearing manufacturer Timken has defended its decision to terminate a plant supervisor who claimed his beliefs about diversity, equity and inclusion led to his dismissal, saying the former boss was fired for poor leadership and that his DEI discussions fell outside Connecticut legal protections.
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November 05, 2024
Election Worker Allegedly Fired For Stewart Show Appearance
A former polling center supervisor has alleged in Colorado federal court that she was fired by the Denver Clerk and Recorder's Office after appearing on "The Problem With Jon Stewart" in 2022 and expressing concerns about lack of training and threats against election officials.
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November 05, 2024
Harvard Can't End Suit Claiming Antisemitism On Campus
Harvard University must face allegations that it was indifferent to antisemitic behavior on its campus in the wake of Hamas' Oct. 7, 2023, attack on Israel, a federal judge ruled Tuesday.
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November 05, 2024
9th Circ. Rules Biden Couldn't Spike Federal Contractor Wage
The Federal Property and Administrative Services Act didn't authorize President Joe Biden to mandate a $15 blanket minimum wage for federal contractors, a split Ninth Circuit panel ruled Tuesday, reviving a challenge four states lodged against the government.
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November 05, 2024
Connecticut High Court Will Hear Atty's Suspension Appeal
The Connecticut Supreme Court has agreed to hear an appeal of a personal injury and workers' compensation attorney's 90-day suspension for misconduct and consider whether he gave up his ability to argue that long delays in the proceedings violated his due process rights.
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November 05, 2024
Ascension Staff To Get Back Pay In COVID Vaccine Settlement
Ascension Health Alliance will provide back pay for employees who were denied religious exemptions from its COVID-19 vaccine policy and suspended without pay, under a revamped settlement approved by a Michigan federal judge.
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November 05, 2024
Burden For Hearst May Override Vax Objection, 1st Circ. Hints
A Boston television station may have been justified in firing a Hearst videographer who refused to get a COVID-19 vaccine during the pandemic even if the worker's religious objections were sincere, the First Circuit hinted during arguments Tuesday.
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November 05, 2024
Boeing Machinists Ratify New Contract, Ending Strike
A majority of 33,000 Boeing employees represented by the Machinists union voted Monday to ratify a new labor contract that includes a 38% wage increase over four years, ending a nearly two-month strike that hampered Boeing's production and cash flow.
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November 05, 2024
Littler Adds To Litigation Bench With Ex-Fresno, Calif. Atty
Employment firm Littler Mendelson PC announced that a former deputy attorney for the City of Fresno joined the firm's office in the city, adding that his government along with employment law experience will help its employer clients.
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November 05, 2024
5th Circ. Says Late EEOC Filing Dooms Race Bias Suit
The Fifth Circuit shut down a race bias suit from a worker who said his supervisor referred to him by a racial slur, finding that the ex-worker filed his pre-suit U.S. Equal Employment Opportunity Commission charge too late.
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November 05, 2024
Calif. Basketball Referee Group Hit With PAGA Suit
A California-based association training people to become basketball referees misclassified its instructors as independent contractors, cheating them out of wages and reimbursements, an instructor said in a Private Attorneys General Act suit filed in state court.
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November 05, 2024
Waste Co. Agrees To Settle Union Pension Withdrawal Suit
A municipal waste company has agreed to resolve a Teamsters pension fund's lawsuit alleging that the company owes over $7.5 million to cover a predecessor's unpaid contributions, a New York federal judge said Tuesday.
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November 05, 2024
Ex-Fabiani Cohen Atty Fights To Preserve Discrimination Suit
A Black female insurance and construction law attorney is urging a Manhattan federal judge not to toss her suit against her former firm, Fabiani Cohen & Hall LLP, arguing that though she was an equity owner, she was still an employee who could bring claims.
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November 05, 2024
On The Ground: How Attorneys Safeguarded The Election
Attorneys worked tirelessly Tuesday to support citizens and election workers on the final day of voting in one of history's most contentious presidential contests.
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November 04, 2024
Paralegal Loses ADA Suit Over Firm's Vax Status Disclosure
A Pennsylvania federal judge on Monday freed a personal injury firm from a former paralegal's claims that it unlawfully publicized her COVID-19 vaccination status, saying the paralegal herself made her vaccination status public when she opposed the vaccine outside the confines of an employer-initiated medical inquiry.
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November 04, 2024
NCAA Baseball Coaches Seek Class Cert. In Wage-Fix Case
Division I volunteer baseball coaches asked a California federal judge to certify their proposed antitrust class action challenging the NCAA's since-repealed "uniform wage fix" bylaw that paid volunteer coaches nothing, which prevented them from getting compensated their market value for their services.
Expert Analysis
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Mental Health First Aid: A Brief Primer For Attorneys
Amid a growing body of research finding that attorneys face higher rates of mental illness than the general population, firms should consider setting up mental health first aid training programs to help lawyers assess mental health challenges in their colleagues and intervene with compassion, say psychologists Shawn Healy and Tracey Meyers.
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Licensing And Protections For Voice Actors In The Age Of AI
While two recently enacted California laws and other recent state and federal legislation largely focus on protecting actors and musicians from the unauthorized use of their digital likenesses by generative artificial intelligence systems, the lesser-known community of professional voice actors also stands to benefit, says attorney Scott Mortman.
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How The Tide Of EEOC Litigation Rolled Back In FY 2024
An analysis of the location, timing and underlying claims asserted in U.S. Equal Employment Opportunity Commission-initiated cases during fiscal year 2024 shows that the commission saw a substantial decrease in litigation activity after a surge last year, but employers should not drop their guard, say Christopher DeGroff and Andrew Scroggins at Seyfarth.
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Series
Collecting Art Makes Me A Better Lawyer
The therapeutic aspects of appreciating and collecting art improve my legal practice by enhancing my observation skills, empathy, creativity and cultural awareness, says attorney Michael McCready.
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Using Primacy And Recency Effects In Opening Statements
By understanding and strategically employing the primacy and recency effects in opening statements, attorneys can significantly enhance their persuasive impact, ensuring that their narrative is both compelling and memorable from the outset, says Bill Kanasky at Courtroom Sciences.
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Secret Service Failures Offer Lessons For Private Sector GCs
The Secret Service’s problematic response to two assassination attempts against former President Donald Trump this summer provides a crash course for general counsel on how not to handle crisis communications, says Keith Nahigian at Nahigian Strategies.
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A Primer On Navigating The Conrad 30 Immigration Program
As the Conrad 30 program opens its annual window to help place immigrant physicians in medically underserved areas, employers and physicians engaged in the process must carefully understand the program's nuanced requirements, say Andrew Desposito and Greg Berk at Sheppard Mullin.
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How Cos. Can Protect Supply Chains During The Port Strike
With dock workers at ports along the East and Gulf Coasts launching a strike that will likely cause severe supply chain disruptions, there are several steps exporters and importers can take to protect their businesses and mitigate increased costs, say attorneys at Thompson Hine.
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Litigation Inspiration: Honoring Your Learned Profession
About 30,000 people who took the bar exam in July will learn they passed this fall, marking a fitting time for all attorneys to remember that they are members in a specialty club of learned professionals — and the more they can keep this in mind, the more benefits they will see, says Bennett Rawicki at Hilgers Graben.
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4 Ways To Prepare For DOD Cyber Certification Rule
Given the U.S. Department of Justice's increased scrutiny of contractor compliance with cybersecurity requirements, it is critical that contractors take certain steps now in response to the U.S. Department of Defense's proposed Cybersecurity Maturity Model Certification implementation rule, say Townsend Bourne and Lillia Damalouji at Sheppard Mullin.
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Opinion
AI May Limit Key Learning Opportunities For Young Attorneys
The thing that’s so powerful about artificial intelligence is also what’s most scary about it — its ability to detect patterns may curtail young attorneys’ chance to practice the lower-level work of managing cases, preventing them from ever honing the pattern recognition skills that undergird creative lawyering, says Sarah Murray at Trialcraft.
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Key Takeaways From DOJ's New Corp. Compliance Guidance
The U.S. Department of Justice’s updated guidance to federal prosecutors on evaluating corporate compliance programs addresses how entities manage new technology-related risks and expands on preexisting policies, providing key insights for companies about increasing regulatory expectations, say attorneys at Debevoise.
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The Key Changes In Revised FDIC Hiring Regulations
Attorneys at Ogletree break down the Federal Deposit Insurance Corp.'s new rule, effective Oct. 1, that will ease restrictions on financial institutions hiring employees with criminal histories, amend the FDIC's treatment of minor offenses and clarify its stance on expunged or dismissed criminal records.
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Class Actions At The Circuit Courts: September Lessons
In this month's review of class action appeals, Mitchell Engel at Shook Hardy identifies practice tips from four recent class certification rulings involving denial of Medicare reimbursements, automobile insurance disputes, veterans' rights and automobile defects.
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How Lucia, Jarkesy Could Affect Grocery Merger Challenge
While the Federal Trade Commission is taking a dual federal court and administrative tribunal approach to block Kroger's merger with Alberstons, Kroger's long-shot unconstitutionality claims could potentially lead to a reevaluation of the FTC's reliance on administrative processes in complex merger cases, say attorneys at Saul Ewing.