Employment

  • October 25, 2024

    9th Circ. Says Muldrow Reopens Asian Worker's Bias Suit

    The Ninth Circuit revived a former supply chain manager's lawsuit alleging she was demoted because she's Asian American, saying a lower court should take another look at the case based on a recent U.S. Supreme Court decision clarifying the standard for workplace discrimination claims.

  • October 25, 2024

    NCAA Creating Cloudy Future As It Clings To Control

    Experts speaking at a symposium from Temple University's Beasley School of Law in Philadelphia drove home the point that the NCAA's multibillion-dollar court settlement providing damages and revenue to past and future college athletes falls far short of settling the remaining challenges to its control of college sports.

  • October 25, 2024

    North Carolina Merchandiser Settles FLSA Suit Over OT Pay

    A field service representative and the retail support provider he sued claiming unpaid overtime told a North Carolina federal court that they settled a Fair Labor Standards Act collective suit.

  • October 25, 2024

    EEOC Gets $110K Default Win In Fired Atty's Retaliation Suit

    A government contractor has been ordered to pay its former attorney more than $110,000 in back pay, interest and compensatory damages after a Maryland federal judge found the contractor's CEO retaliated against the lawyer after she turned down his sexual advances.

  • October 24, 2024

    'Jeopardy!' Workers Lodge Race, Gender Bias Claims

    A Black production executive and her Latina colleague with decades of experience working on "Jeopardy!" and "Wheel of Fortune" have accused Sony Pictures Entertainment of race, gender and age discrimination as well as retaliation, according to complaints filed with both the National Labor Relations Board and California's Civil Rights Department.

  • October 24, 2024

    FTC Official Doubts Election Will Deter Antitrust 'New Era'

    The Federal Trade Commission's Bureau of Competition director defended the agency's new guidelines and its track record during a wide-ranging discussion at the 34th annual Golden State Institute on Thursday, and he expressed confidence that whichever presidential candidate wins, a new administration won't deter this "new era" of FTC antitrust enforcement actions.

  • October 24, 2024

    Calif. Chili's Workers Fight Uphill For Meal Break Class Cert.

    A California federal judge considering class certification for nearly 1,300 Chili's employees, who are accusing the owner of their restaurants of not providing meal breaks, said Thursday that individualized questions about whether workers were coerced into asserting they voluntarily skipped their break could doom their bid.

  • October 24, 2024

    CFPB Cautions Over 'Unchecked Surveillance' Of Workers

    The Consumer Financial Protection Bureau said Thursday it is taking action to protect consumers from "unchecked surveillance" in the labor force, issuing guidance that warns companies to get consent from workers when using algorithmic hiring scores or other outside profiling data for employment purposes.

  • October 24, 2024

    NYC Council Passes Bill Requiring Hotel Licenses

    The New York City Council passed a bill Wednesday that requires hotel operators to be licensed with the government in order to do business in the city.

  • October 24, 2024

    Fenway Food Safety Czar Fired For Flagging Rats, Suit Says

    A former Aramark food safety manager said in a suit filed Thursday that he was fired because he raised concerns about unsanitary conditions at Fenway Park, a Boston music hall, and the spring training ballpark of the Boston Red Sox.

  • October 24, 2024

    State Farm Agrees To Settle Immigration Bias Row With DOJ

    The U.S. Department of Justice said Thursday that State Farm Mutual Automobile Insurance Co. will pay $30,000 in back pay and penalties to settle claims that one of its Texas corporate offices fired a worker for flagging citizenship discrimination.

  • October 24, 2024

    3 Insurance Execs Beat Ex-Employer's Trade Secrets Suit

    A North Carolina federal judge has ruled Sherbrooke Corporate Ltd. failed to properly allege three former executives it accused of stealing confidential, proprietary software to start their own company actually used that software or kept how it worked a secret.

  • October 24, 2024

    MSU Moves To Spike Ex-Football Coach's Termination Fight

    Michigan State University officials want a federal judge to toss the wrongful termination suit of its former football coach Mel Tucker, whom the school fired amid sexual misconduct allegations, arguing Wednesday it followed policy and has immunity based on state and federal law.

  • October 24, 2024

    IBM Pans Fired White Worker's Diversity Quota Claims

    IBM disputed a white former consultant's claim that the company fired him to fulfill diversity targets in a court filing Wednesday, saying the worker's allegations that the company has racial and gender-based hiring quotas are unsupported. 

  • October 24, 2024

    Co-Worker's Affair With Father Made Work Hostile, Suit Says

    A former employee of a healthcare research company has said she was forced to resign from her job after a co-worker developed an "unhealthy obsession" with her father, making sexual comments about him and engaging in a torrid affair while he participated in one of the company's clinical trials.

  • October 24, 2024

    Conn. High Court Snapshot: $13M Tax Appeals, Will Dispute

    The Connecticut Supreme Court's second term of the 2024-2025 season will commence Monday with a dispute over whether an attorney bungled a will that sought to divide a $845,368 TD Ameritrade account among five beneficiaries, only one of whom received any cash.

  • October 24, 2024

    Huawei Trade Secrets Trial Pushed Back To 2026

    A Washington federal judge on Thursday approved a request from Huawei and the government to delay a trial until October 2026 in a case alleging the company stole T-Mobile's trade secrets.

  • October 24, 2024

    Statute Of Limitations Tolled In AT&T Workers' OT Suit

    An Illinois federal judge agreed Thursday to toll the statute of limitations for call center workers claiming that AT&T failed to pay them overtime, one day after the workers said extraordinary circumstances required tolling.

  • October 24, 2024

    DOL Says H-2A Farmworker Protections Must Remain

    The U.S. Department of Labor urged a Georgia federal court to uphold its new protections for foreign H-2A farmworkers, arguing that conservative-led states' bid to block its rule should fail because safeguarding foreign workers is key to ensuring better pay and conditions for American-born farmworkers.

  • October 23, 2024

    Boeing Machinists Reject Labor Deal, Prolonging Strike

    A majority of roughly 33,000 Boeing employees represented by the International Association of Machinists voted Wednesday to reject a new labor contract that included a 35% wage increase over four years, prolonging a nearly six-week strike that has hampered Boeing's production and cash flow.

  • October 23, 2024

    Court Denies Fees In 'Objectively Specious' Trade Secrets Suit

    A Seattle federal judge has agreed that a dental health insurer litigated an "objectively specious" trade secrets lawsuit against two of its former company officials, but ruled that not enough showed it was pursuing the case "in bad faith."

  • October 23, 2024

    Ex-Kia, Hyundai Workers Seek Conditional Cert. In FLSA Suit

    Mexican nationals accusing Kia and Hyundai units of failing to pay overtime have urged a Georgia federal court to grant them conditional certification for their fair labor collective action claims, saying there are others who likely also didn't get proper wages.

  • October 23, 2024

    Jury Awards Fired SF Rail Workers Over $7.8M In Vax Trial

    A California federal jury on Wednesday awarded combined damages of more than $7.8 million to six former Bay Area Rapid Transit District employees after finding the rail agency committed religious discrimination by refusing to exempt them from a COVID-19 vaccination mandate.

  • October 23, 2024

    Feds, Huawei Ask To Delay 'Complex' Trade Secret Theft Trial

    Washington federal prosecutors and Huawei have both asked to delay until 2026 a trial in a case accusing the company of stealing T-Mobile's trade secrets, noting the complexity of the case and difficulties the attorneys for the Chinese chipmaker have had communicating with witnesses.

  • October 23, 2024

    Ameriprise, Ex-Worker Duo To Arbitrate Stolen Docs Claims

    Financial services company Ameriprise will arbitrate claims that a father-son pair of ex-employees took confidential records "in the dark of the night" on their way out the door to work for a competitor, the Financial Industry Regulatory Authority has determined.

Expert Analysis

  • Using Primacy And Recency Effects In Opening Statements

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    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.

  • Secret Service Failures Offer Lessons For Private Sector GCs

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    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.

  • 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.

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