Employment

  • December 13, 2024

    7th Circ. Nixes NLRB Order Against Surgery Center

    An Indianapolis surgery center was within its rights to fire an employee accused of goofing off during a surgery, the Seventh Circuit ruled, overturning the National Labor Relations Board's finding that the facility actually fired the employee for raising concerns about workers' unlicensed use of X-ray equipment.

  • December 13, 2024

    ByteDance Ex-Coder Perjured Himself In Suit, Judge Finds

    A California federal judge imposed terminating sanctions against a former engineer at TikTok's parent company, finding he committed perjury in a suit alleging he was wrongly fired and ordered the dispute to arbitration.

  • December 13, 2024

    Worker Fired For Union Activity, Not Vax Status, Court Agrees

    A D.C. Circuit panel on Friday upheld a National Labor Relations Board decision that a commercial property management firm illegally fired a union supporter, finding "substantial evidence" the firing was based on the worker's union support and not his COVID-19 vaccination status.

  • December 13, 2024

    Calif.'s 1st-Ever Willful Heat Penalty Issued To Landscaper

    The California Division of Occupational Safety and Health has levied its first-ever willful heat violation penalty against a landscaping and maintenance business for failing to provide workers with access to water when the temperature exceeded 95 degrees Fahrenheit, two years after it cited the company for similar heat-related safety violations.

  • December 13, 2024

    Virginia Judge Will Rethink Atty Award Amount In Bowling Suit

    A Virginia federal judge has agreed to reconsider a requested $3.2 million attorney fee award to a bowling alley chain in its suit claiming that the company's former chief information officer hacked into its CEO's email, finding that a state law doesn't explicitly permit attorney fees.

  • December 13, 2024

    Old Dominion, Workers Settle BIPA Suit Over Fingerprint Data

    Old Dominion Freight and a group of workers told a federal court that they reached a deal to end the workers' proposed class action accusing the company of violating the Illinois Biometric Information Privacy Act by scanning and storing employees' fingerprints without their consent.

  • December 13, 2024

    Calif. Justices Won't Undo Judge's Ouster Over Misconduct

    The California Supreme Court has decided not to overturn a state judge's removal from the bench for conducting a campaign of retaliation against court employees he suspected of being "moles."

  • December 13, 2024

    Off The Bench: PE Buys In On NFL, WWE Abuse Suit Back On

    In this week's Off The Bench, two teams usher in a new era for the NFL by bringing in private equity investors, a suit accusing the WWE and Vince McMahon of sexual abuse and trafficking picks back up while a federal investigation continues, and a private equity giant and NHL owner passes away.

  • December 13, 2024

    Greenberg Traurig Gains ArentFox Schiff Labor Pro In Calif.

    Greenberg Traurig LLP has expanded its labor and employment practice with a new shareholder in California who came aboard from ArentFox Schiff LLP, fortifying the firm's ability to meet clients' needs in the practice area.

  • December 13, 2024

    DOL Orders Asia Pacific To Pay $2M To Ex-Pilot Whistleblower

    Asia Pacific Airlines must pay a former pilot over $2 million in wages, damages and attorney fees, as the Occupational Safety and Health Administration found that the airline had ignored his complaints about the safety of a cargo plane before ultimately firing him, the Department of Labor said.

  • December 13, 2024

    Cannabis Co. Says Budtender Must Arbitrate Tip Pool Suit

    A cannabis company urged a Michigan federal court to nix a lawsuit by a budtender accusing it of implementing a mandatory tip pool that was shared with supervisors, saying the worker signed a valid arbitration agreement that keeps this case out of court.

  • December 13, 2024

    Helicopter Co. Calls Whistleblower Suit 'Premature'

    Sikorsky Aircraft Corp. told a Connecticut state court that a self-described well-known whistleblower failed to turn to the Occupational Safety and Health Administration before filing a lawsuit that accuses the company of firing him for reporting wage and hour and environmental violations, and it urged the court to toss the suit.

  • December 13, 2024

    11th Circ. Won't Revive Cop's Bias Case Over COVID Policies

    The Eleventh Circuit backed a win for Birmingham, Alabama, in a lawsuit claiming it assigned a police officer to the city jail as punishment for requesting an exemption from pandemic face mask policies because of his anxiety, finding he hadn't shown the city was motivated by bias.

  • December 13, 2024

    White House Reviewing 2nd Half Of H-1B Modernization Rule

    With just over a month to go before the inauguration, the White House is reviewing the second half of a regulation to overhaul the H-1B temporary visa program for specialty occupations, the last step before the rule can be finalized.

  • December 13, 2024

    Workers Hit Cisco With Claims Of Anti-Palestinian Bias

    A group of current and former Cisco workers lodged charges with workplace discrimination and labor regulators accusing the company of allowing Palestinian employees to be harassed for criticizing its decision to provide technology to the Israeli military in its war with Hamas.

  • December 12, 2024

    Diddy Hit With 3 New Sexual Assault Suits In NY

    Three men Thursday filed new suits against Sean "Diddy" Combs, each claiming that the hip-hop mogul got them drunk, drugged them and raped them in recent years, according to complaints filed in New York County Supreme Court.

  • December 12, 2024

    WGA Urges Major Studios To Take Legal Action Over AI 'Theft'

    The Writers Guild of America on Wednesday called on several major entertainment studios to swiftly take legal action against technology companies they assert are stealing writers' works to train artificial intelligence systems and making billions of dollars from the "wholesale theft."

  • December 12, 2024

    Full 9th Circ. To Rehear Late BNSF Worker's Retaliation Claims

    The full Ninth Circuit on Thursday agreed to reconsider retaliation allegations against BNSF Railway Co. brought by the estate of a former BNSF conductor claiming the railroad terminated him, in part, because he conducted a safety test.

  • December 12, 2024

    Judge Says Pay Owed After Texas Co. Benched H-1B Worker

    A Department of Labor judge said a Houston engineering company owes a former H-1B worker nearly $57,000 in wages since it "benched" the worker without pay for months after a third-party contract collapsed during the COVID-19 pandemic.

  • December 12, 2024

    Wells Fargo Faces ADA Suit Over Post-COVID Office Mandate

    Wells Fargo Bank NA faces a suit brought by a 20-year employee alleging she faced discrimination for working remotely due to health issues as the company sought to bring its workers back to in-person work on the heels of the coronavirus pandemic.

  • December 12, 2024

    Atlanta Private School Should Beat Racism Claim, Judge Says

    A Georgia federal magistrate judge has suggested that an educator's race bias suit against an affluent Atlanta private school be tossed, writing that the former preschool director failed to convincingly argue she was fired over her writing an article on discrimination in education.

  • December 12, 2024

    Chemical Co. Cuts $300K Deal To End Unpaid Wage Suit

    A Pennsylvania chemical company and a former worker who accused it of violating state and federal wage laws by requiring uncompensated preshift work of its employees came together and asked a Keystone State judge to approve a $300,000 settlement for the proposed class action.

  • December 12, 2024

    Insurer Must Defend Texas Oilfield Against Burned Worker

    An insurer must continue to defend an oilfield services company in a suit brought by a severely burned worker seeking over $1 million for his injuries, a Texas federal court ruled, finding nothing in his short complaint triggered exclusions.

  • December 12, 2024

    Amazon Can't Nix Class, Collective Claims In Pay Bias Suit

    A Washington federal judge on Thursday said Amazon cannot throw out proposed class and collective claims that it systematically paid women less than their male counterparts, saying the case is not "so hopeless" that certification is impossible down the road.

  • December 12, 2024

    Garth Brooks Can't Yet Move Rape Claims Out Of California

    A California federal judge has denied, for now, Garth Brooks' bid to toss his former hair and makeup artist's Los Angeles rape suit in favor of dealing with the allegations in the Mississippi court where the country music star is leveling related extortion claims.

Expert Analysis

  • A Primer On Navigating The Conrad 30 Immigration Program

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    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.

  • How Cos. Can Protect Supply Chains During The Port Strike

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    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.

  • Litigation Inspiration: Honoring Your Learned Profession

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    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.

  • 4 Ways To Prepare For DOD Cyber Certification Rule

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    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.

  • Opinion

    AI May Limit Key Learning Opportunities For Young Attorneys

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    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.

  • Key Takeaways From DOJ's New Corp. Compliance Guidance

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    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.

  • The Key Changes In Revised FDIC Hiring Regulations

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    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.

  • Class Actions At The Circuit Courts: September Lessons

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    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.

  • How Lucia, Jarkesy Could Affect Grocery Merger Challenge

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    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.

  • 6 Tips For Trying Cases Away From Home

    Excerpt from Practical Guidance
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    A truly national litigation practice, by definition, often requires trying cases in jurisdictions across the country, which presents unique challenges that require methodical preparation and coordination both within the trial team and externally, say Edward Bennett and Suzanne Salgado at Williams & Connolly.

  • How NLRB Memo Balances Schools' Labor, Privacy Concerns

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    Natale DiNatale at Robinson & Cole highlights the recent National Labor Relations Board advice memorandum that aims to help colleges reconcile competing obligations under the National Labor Relations Act and the Family Educational Rights and Privacy Act as university students flock toward unionization.

  • Employer Tips For PUMP Act Compliance As Law Turns 2

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    Enacted in December 2022, the Providing Urgent Maternal Protections for Nursing Mothers Act requires employers to provide reasonable break time and a private space for employees to express breast milk, but some companies may still be struggling with how to comply, say attorneys at Alston & Bird.

  • A Blueprint For Structuring An Effective Plaintiff Case Story

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    The number and size of nuclear verdicts continue to rise, in part because plaintiffs attorneys have become more adept at crafting compelling trial stories — and an analysis of these success stories reveals a 10-part framework for structuring an effective case narrative, says Jonathan Ross at Decision Analysis.

  • Series

    Round-Canopy Parachuting Makes Me A Better Lawyer

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    Similar to the practice of law, jumping from an in-flight airplane with nothing but training and a few yards of parachute silk is a demanding and stressful endeavor, and the experience has bolstered my legal practice by enhancing my focus, teamwork skills and sense of perspective, says Thomas Salerno at Stinson.

  • And Now A Word From The Panel: The MDL Map

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    An intriguing yet unpredictable facet of multidistrict litigation practice is venue selection for new MDL proceedings, and the Judicial Panel on Multidistrict Litigation considers many factors when it assigns an MDL venue, says Alan Rothman at Sidley Austin.

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