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Employment
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November 22, 2024
1st Circ. Affirms Volvo Win In Dealers' Maintenance Pay Suit
The First Circuit affirmed a pretrial win granted to Volvo in a suit brought by two dealerships claiming the carmaker was underpaying them for maintenance they perform under prepaid service plans.
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November 22, 2024
Lender Can't Arbitrate Fired Worker's Suit Over Cancer Leave
A California appeals court upheld a trial court's order that a mortgage lender cannot arbitrate a worker's suit alleging she was wrongfully fired after a cancer diagnosis, ruling the former employee cast enough doubt about the signature on the deal to keep her case in court.
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November 22, 2024
Judge 'Concerned' With 'Lack Of Progress' In Walmart OT Suit
A Georgia federal judge warned that he was "concerned by the lack of progress on the limited discovery" he reopened last month at the request of a Walmart warehouse manager suing the company for unpaid overtime hours.
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November 22, 2024
Red States Can't Ax DOL Farmworker Rule, Orgs Say
Three organizations threw their support behind the U.S. Department of Labor's new protections for foreign H-2A farmworkers, telling a Georgia federal court that conservative-led states' efforts to obliterate the entire rule must fail because several unchallenged provisions are key to ensuring workers aren't exploited.
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November 22, 2024
UK Litigation Roundup: Here's What You Missed In London
This past week in London has seen cash-strapped Thurrock Borough Council bring a £40 million ($50 million) negligence claim against 23 other local authorities over its solar investments from a not-for-profit local government body, AstraZeneca sue a fire safety company following a blaze at its Cambridge headquarters last year, and a director who was convicted in 2016 for corporate manslaughter face action by Manolete Partners. Here, Law360 looks at these and other new claims in the U.K.
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November 21, 2024
Sony Music Settles Bias Suit By Columbia CEO's Ex-Assistant
A New York federal judge dismissed a lawsuit Thursday by a former assistant to Columbia Records chief executive Ron Perry who claimed she was forced to resign after pushing back on hiring practices that discriminated against non-Black applicants, after Sony Music and the other parties informed the court they reached a settlement.
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November 21, 2024
Ex-Google Engineer Ordered To Stop Posting Pixel Secrets
A former Google engineer must immediately cease publishing confidential company information and remove social media posts that reveal Pixel device trade secrets, a Texas federal judge ruled Wednesday, after the tech giant sought an emergency restraining order on allegations its former employee is continuing to "maliciously" leak internal files.
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November 21, 2024
Walmart Hit With $34.7M Verdict For Defaming Truck Driver
A California jury has awarded $34.7 million to a former Walmart truck driver, finding that the retailer defamed him when it falsely accused him of fraud and fired him after he was injured on the job and filed a worker's compensation claim.
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November 21, 2024
AutoZone, Ex-Manager Agree To Park Sex Bias Suit
A subsidiary of car parts retailer AutoZone Inc. struck a deal to end a sex, gender and age bias suit from a former district manager who said the company fired her and replaced her with a younger worker, according to a filing in California federal court.
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November 21, 2024
Trump Selects Ex-Fla. AG Pam Bondi As New AG Pick
President-elect Donald Trump announced Thursday that he has selected Pam Bondi, a former attorney general of Florida, as his new pick for U.S. attorney general, just hours after former U.S. Rep. Matt Gaetz withdrew his name from consideration amid allegations of sexual misconduct and drug use.
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November 21, 2024
Ex-Twitter Workers Denied Class Cert In Arbitration Fight
A California federal judge denied class certification to ex-Twitter employees accusing the social media company now owned by Elon Musk and renamed X Corp. of stalling their employment disputes, saying some putative class members are already seeking arbitration outside the Golden State or trying to pursue their claims in court.
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November 21, 2024
DOL Issues Guidance To Curb Harassment In Construction
The U.S. Department of Labor announced Thursday that it has released a new guide to help federal contractors in the construction industry tamp down on harassment, becoming the latest federal anti-discrimination agency during President Joe Biden's administration to draw attention to the issue.
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November 21, 2024
Unions, ACLU Throw Weight Behind EEOC Bostock Guidance
The AFL-CIO, SEIU, American Civil Liberties Union, and several business groups and nonprofits have urged a Texas federal court not to scrap U.S. Equal Employment Opportunity Commission guidance interpreting the U.S. Supreme Court's Bostock decision, arguing the guidelines provide critical advice on preventing workplace harassment.
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November 21, 2024
Settlement Doesn't Void Injury Coverage Ruling, Judge Says
A Colorado federal court refused to set aside its September ruling that an oil and gas production company isn't owed coverage by an electrical drilling company for a worker's underlying injury lawsuit, saying the parties' settlement negotiations don't justify vacating a valid court order.
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November 21, 2024
EzCater Fostered Discriminatory Workplace, Ex-Workers Say
Four former employees of Boston-based ezCater are suing the online catering service, alleging that it engaged in discrimination based on their gender, race and pregnancy, then retaliated when they complained.
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November 21, 2024
Ex-Temple Worker Didn't Show Job Duties In NJ, Judge Rules
A New Jersey federal judge has tossed a lawsuit alleging a longtime Fox Chase Cancer Center employee was ousted by a new supervisor for taking sick time, ruling the employee failed to establish the defendants conducted any business in New Jersey.
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November 21, 2024
Howmet Accuses Wash. DOL Of Muscling Into Worker's Suit
Howmet Aerospace slammed the Washington state labor department on Thursday for "interjecting" into a dispute with a former smelter employee who claims he developed cancer from asbestos exposure, urging the state's highest court not to relax the standard for workers to sue over job-related illnesses.
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November 21, 2024
Ye's Cos. Sanctioned For Blowing Off Discovery In Bias Suit
A Los Angeles judge sanctioned two of Ye's companies Thursday after they "simply ignored" discovery requests in a former employee's lawsuit alleging widespread racism, antisemitism and homophobia on the part of the rapper formerly known as Kanye West.
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November 21, 2024
Nurse Staffing Exec Can't Trim Fraud Charge In Antitrust Case
A Nevada federal court has refused to dismiss fraud charges against a home healthcare staffing executive accused of fixing nurses' wages and hiding a probe of the scheme when selling the business, and also refused to exclude statements the executive made during an FBI interview.
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November 21, 2024
Rebel Wilson Unlikely To Duck 'The Deb' Defamation Suit
A Los Angeles judge suggested Thursday that he'll likely keep alive a defamation suit accusing actress Rebel Wilson of spreading baseless lies about producers of the musical film "The Deb," saying it seems the matter is a "private business dispute" not protected by California's anti-SLAPP statute.
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November 21, 2024
IBM Told Execs 'Discriminate Or Lose Your Job,' Worker Says
IBM rewarded executives for meeting diversity goals and threatened them with punishment for failing to do so, essentially telling them to "discriminate or lose your job," a white male consultant who was terminated alleged in a suit filed in Michigan federal court on Wednesday.
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November 21, 2024
11th Circ. Says Fla. Law Bars Workers' Comp Suit
The Eleventh Circuit backed the dismissal of a worker's suit claiming a chemical company didn't do enough to shield him from particles that caused a lung condition, ruling that a Florida workers' compensation law blocks him from pursuing the company in court for negligence.
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November 21, 2024
Suit Against Mortgage Co. Axed Despite Atty's Bad Faith Claim
A Texas state court judge has dismissed for good an attorney's lawsuit against the mortgage company she formerly worked for in-house, despite a dispute over whether the matter should have ended with or without prejudice.
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November 21, 2024
Gordon Rees Brings Back Employment Ace In San Diego
Gordon Rees Scully Mansukhani LLP is expanding its San Diego team, announcing Thursday that an employment expert most recently with Pettit Kohn Ingrassia Lutz & Dolin PC is rejoining the firm as a partner.
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November 21, 2024
Port Union Illegally Called Dissenter A 'Rat,' NLRB Says
An International Longshore and Warehouse Union affiliate in Alaska violated federal labor law by calling a union member who raised harassment complaints a "rat," the National Labor Relations Board concluded, with the panel splitting over whether the union unlawfully caused the employee's termination.
Expert Analysis
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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.
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What NFL Draft Picks Have In Common With Lateral Law Hires
Nearly half of law firm lateral hires leave within a few years — a failure rate that is strikingly similar to the performance of NFL quarterbacks drafted in the first round — in part because evaluators focus too heavily on quantifiable metrics and not enough on a prospect's character traits, says Howard Rosenberg at Baretz+Brunelle.
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Calif. Ruling Clarifying Paystub Compliance Is Win For Cos.
In rare good news for California employers, the state Supreme Court recently clarified that workers couldn’t win extra penalties in wage and hour cases by claiming their employer intentionally violated state paystub law if the employer believed it had complied in good faith, say Drei Munar and Kirk Hornbeck at Hunton.
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Considering Noncompete Strategies After Blocked FTC Ban
A Texas district court's recent decision in Ryan v. Federal Trade Commission to set aside the new FTC rule banning noncompetes does away with some immediate compliance obligations, but employers should still review strategies, attend to changes to state laws and monitor ongoing challenges, say attorneys at Baker McKenzie.
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Replacing The Stigma Of Menopause With Law Firm Support
A large proportion of the workforce is forced to pull the brakes on their career aspirations because of the taboo surrounding menopause and a lack of consistent support, but law firms can initiate the cultural shift needed by formulating thoughtful workplace policies, says Barbara Hamilton-Bruce at Simmons & Simmons.