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Employment
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January 08, 2025
BOK Financial Didn't Pay For Missed Breaks, Court Told
BOK Financial violated Colorado law by failing to provide employees with rest breaks or pay them accordingly when they were unable to take them, a bank worker said in a proposed class action in state court.
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January 08, 2025
Ex-Marketing Exec Says J&J Unit Dodging Basic Discovery
An ex-marketing director for Johnson & Johnson's vision unit urged a New Jersey federal judge to order her former employer to produce documents related to its suit alleging she breached a noncompete agreement, arguing its stonewalling of discovery is depriving her of a fair chance to defend herself.
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January 08, 2025
Calif. Panel Flips Arbitration Denial In Mining Co. Wage Case
A California appeals court said a worker's arbitration agreement was not part of the guidelines included in a mining company's handbook, flipping a trial court's ruling that the company didn't show it had a binding arbitration agreement.
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January 08, 2025
DOL Searching For SC Farm Workers Owed $132K In Wages
The U.S. Department of Labor is trying to restore $132,000 to more than 600 temporary agricultural workers for a South Carolina company who had money illegally deducted from their wages for cleaning fees and political donations.
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January 07, 2025
Gig Worker Co. Handy To Refund $3M In FTC, NYAG Settlement
Gig economy company Handy Technologies Inc. has agreed to return nearly $3 million to workers who used the platform, in a settlement with the Federal Trade Commission and the New York Attorney General's Office to resolve claims that the company misled workers about how much they could expect to earn through its services.
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January 07, 2025
Charter Communications Says VP Stole Trade Secrets
Charter Communications Inc. filed a lawsuit in Connecticut federal court Tuesday against a former executive it claims made off with trade secrets and began working as a senior vice president and chief information officer of a competitor, Metronet.
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January 07, 2025
Ex-Prosecutor Disbarred For Fabricating Harassing Texts
A former Denver prosecutor will be disbarred after a Colorado disciplinary panel found she fabricated text messages in order to falsely accuse a coworker of sexual harassment.
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January 07, 2025
Feds Defend FCA Whistleblower Constitutionality At 11th Circ.
The federal government has called on the Eleventh Circuit to uphold the constitutionality of the False Claims Act's whistleblower provisions, saying a Florida district court ruling otherwise is an "outlier" that goes against U.S. Supreme Court precedent.
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January 07, 2025
10th Circ. Says Age Bias Didn't Drive Aircraft Co. Layoffs
The Tenth Circuit declined Tuesday to revive a lawsuit from former Spirit AeroSystems Inc. workers who said the aircraft maker targeted older workers during a workforce reduction, ruling they hadn't shown the company was motivated by age discrimination.
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January 07, 2025
Katz Banks Adds Discrimination Partner From Sanford Heisler
Plaintiffs-side firm Katz Banks Kumin LLP has brought on a former Sanford Heisler Sharp McKnight LLP attorney as a partner in its San Francisco office, adding a civil rights and employment attorney who said childhood experiences helped shape her career.
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January 07, 2025
McDermott Hires Polsinelli Labor Attorney As Partner In DC
McDermott Will & Emery has brought on a Polsinelli shareholder as a partner in its Washington, D.C., office, where he will specialize in representing healthcare companies as part of the firm's employment practice group.
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January 07, 2025
Kiss, Hairstylist Settle Retaliation Suit Over COVID Concerns
Kiss has settled a civil suit filed by its former hairstylist who accused the American glam metal band of misclassifying him as an independent contractor and later firing him for raising complaints over allegedly lax COVID-19 safety practices, according to a minute order entered Monday in California state court.
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January 07, 2025
Trade Orgs. Fight DOL's Bid To Ax Prevailing Wage Rule Suit
Two construction groups pressed a Texas federal court to grant them a win in their challenge to the U.S. Department of Labor's final rule updating how prevailing wage rates are calculated under the Davis-Bacon Act, rejecting the department's argument that they couldn't sue.
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January 07, 2025
Cos. Seek Pause Of Retention Credit Processing In Litigation
Two companies that helped clients obtain pandemic-era employee retention tax credits asked Arizona federal district court Tuesday to pause the IRS' use of a system for automatically processing claims, saying harm caused by this process cannot be remedied after litigation.
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January 07, 2025
FAR Council Withdraws Proposed Contractor Pay Equity Rule
The Federal Acquisition Regulatory Council announced Tuesday that it will withdraw a pending rule barring federal contractors from considering a job applicant's salary history, to focus on other priorities in the waning days of the Biden administration.
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January 07, 2025
Teachers Association Hit With Equal Pay, Gender Bias Claims
The Computer Science Teachers Association's former financial director has sued the organization for gender discrimination in Illinois federal court, claiming it knowingly paid and treated her worse than male colleagues and blamed an unsupported "accounting error" on her mid-leave termination.
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January 07, 2025
Metal Co. To Pay $143K To End Unpaid Wages Suit
A metal manufacturing company will pay nearly $143,000 to resolve a veteran employee's lawsuit accusing it of failing to pay him and other production workers for all the hours they worked, a filing in Ohio federal court said.
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January 07, 2025
US Foods Slapped With Class Wage Suit By Ex-Seattle Worker
US Foods has been hit with a proposed class action by a former employee in Seattle who claims the food service retailer systematically shorts workers on breaks, overtime pay, sick leave and expense reimbursements, according to a new lawsuit in Washington federal court.
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January 07, 2025
Ga. District Nixed Job Offer Over ATF Raid Posts, Suit Says
A Georgia school board has been hit with a lawsuit by a candidate for a high school Spanish teacher position who claims she had a job offer rescinded after school officials discovered online comments alleging the Biden administration unfairly targeted her spouse's firearm business.
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January 07, 2025
Title Insurer Says Atty Skipped Bills, Let Staff Steal IOLTA
Title insurer CATIC has fired back at a Connecticut attorney suing over his removal from the boards of two affiliated companies, accusing him of not paying bills, failing to prevent staffers from stealing money from his trust account, and breaching his duties to the company.
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January 07, 2025
McGuireWoods Grows In Pittsburgh With Employment Atty
An attorney specializing in employment litigation matters and advising companies on compliance strategies has moved her practice to McGuireWoods' Pittsburgh office after nearly six years with Buchanan Ingersoll & Rooney PC.
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January 07, 2025
University Wins Out In Fired Football Coach's Vax Bias Suit
A federal judge dismissed a suit that accused Washington State University of unlawfully firing its head football coach over his religious opposition to the school's COVID-19 vaccine mandate, ruling the institution would have faced negative consequences if he remained unvaccinated.
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January 07, 2025
Amazon Says Worker's $1.6M Atty Fees Are Excessive
An Amazon employee hasn't prevailed in his claims that the e-commerce giant hurdled his promotions for his U.S. Marine Corps Reserve leave, the company said, urging a Washington federal court to deny his $1.63 million in attorney fees requested as part of his settlement.
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January 07, 2025
Fisher Phillips Adds Dallas Employment Atty From Reed Smith
International labor and employment law firm Fisher Phillips has brought on a Dallas-based labor and employment partner with expertise in a wide range of litigation — from class and collective actions to restrictive covenant claims — the firm announced Monday.
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January 07, 2025
Religious Schools Ask 1st Circ. To Gut 'Poison Pill' Law
Two religious schools in Maine asked a First Circuit panel on Tuesday to strike down a "poison pill" passed by state lawmakers to blunt a U.S. Supreme Court decision affirming that the schools may participate in a government tuition program.
Expert Analysis
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5 Ways To Confront Courtroom Technology Challenges
Recent cybersecurity incidents highlight the vulnerabilities of our reliance on digital infrastructure, meaning attorneys must be prepared to navigate technological obstacles inside the courtroom, including those related to data security, presentation hardware, video playback and more, says Adam Bloomberg at IMS Legal Strategies.
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Employers Should Not Neglect Paid Military Leave Compliance
An August decision from the Ninth Circuit and the settlement of a long-running class action, both examining paid leave requirements under the Uniformed Services Employment and Reemployment Rights Act, are part of a nationwide trend that should prompt employers to review their military leave policies to avoid potential litigation and reputational damage, says Bradford Kelley at Littler.
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Old Employment Law Principles Can Answer New AI Concerns
Despite growing legal and regulatory concerns about how artificial intelligence tools may affect employment decisions and worker rights, companies should take comfort in knowing that familiar principles of employment law and established compliance regimes can still largely address these new twists on old questions, say attorneys at Foley & Lardner.
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Navigating New Enforcement Scrutiny Of 'AI Washing'
The U.S. Securities and Exchange Commission's recent lawsuit against Joonko Diversity, its first public AI-focused enforcement action against a private company, underscores the importance of applying the same internal legal and compliance rigor to AI-related claims as other market-facing statements, say attorneys at Fried Frank.
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Pa. Health Employers Must Prep For Noncompete Restrictions
Newly enacted legislation in Pennsylvania prohibits certain noncompete covenants for healthcare practitioners in the state beginning next year, creating compliance challenges that both employers and employees should be aware of, say attorneys at Buchanan Ingersoll.
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Avoiding Corporate Political Activity Pitfalls This Election Year
As Election Day approaches, corporate counsel should be mindful of the complicated rules around companies engaging in political activities, including super PAC contributions, pay-to-play prohibitions and foreign agent restrictions, say attorneys at Covington.
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Employer Arbitration Lessons From Calif. Consumer Ruling
Although a California state appeals court’s recent arbitration ruling in Mahram v. Kroger involved a consumer transaction, the finding that the arbitration agreement at issue did not apply to a third-party beneficiary could influence how employment arbitration agreements are interpreted, says Sander van der Heide at CDF Labor Law.
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Why Attorneys Should Consider Community Leadership Roles
Volunteering and nonprofit board service are complementary to, but distinct from, traditional pro bono work, and taking on these community leadership roles can produce dividends for lawyers, their firms and the nonprofit causes they support, says Katie Beacham at Kilpatrick.
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How NJ Temp Equal Pay Survived A Constitutional Challenge
The Third Circuit recently gave the New Jersey Temporary Workers' Bill of Rights a new lease on life by systematically dismantling multiple theories of the act's unconstitutionality brought by staffing agencies hoping to delay their new equal pay and benefits obligations, say attorneys at Duane Morris.
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Firms Must Offer A Trifecta Of Services In Post-Chevron World
After the U.S. Supreme Court’s Loper Bright Enterprises v. Raimondo decision overturning Chevron deference, law firms will need to integrate litigation, lobbying and communications functions to keep up with the ramifications of the ruling and provide adequate counsel quickly, says Neil Hare at Dentons.
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5 Tips To Succeed In A Master Of Laws Program And Beyond
As lawyers and recent law school graduates begin their Master of Laws coursework across the country, they should keep a few pointers in mind to get the most out of their programs and kick-start successful careers in their practice areas, says Kelley Miller at Reed Smith.
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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.