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Employment
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December 04, 2024
Building Contractor Agrees To End No-Hire Pacts
Guardian Service Industries Inc. has agreed to stop enforcing no-hire agreements in its contracts that prevent building owners and managers from hiring the service contractor's employees after pressure from the Federal Trade Commission and state enforcers.
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December 04, 2024
Ex-Worker Says Contractor Fired Him Over Religious Needs
An electric vehicle charging station contractor was sued in Georgia federal court by a former employee who alleged he was fired for utilizing a religious accommodation that allowed him to leave work early on Fridays to observe the Jewish Sabbath.
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December 04, 2024
Mass. Justices Probe Extent Of State Immunity In 2 Cases
The Massachusetts high court on Wednesday mulled how far immunity extends for public employees and state agencies, with one justice questioning why the state is proposing that children in foster care should face the same legal standard as prison inmates.
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December 04, 2024
Groundskeeper's Race Bias Suit Should Advance, Judge Says
A Georgia chiropractic university shouldn't escape a lawsuit claiming it fired a groundskeeper because he repeatedly complained about his supervisor's mistreatment of Black workers, a federal judge recommended, saying a jury could find the school fabricated a time sheet violation to get rid of him.
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December 04, 2024
Mich. Justices Mull If Pizza Driver Deal Bars Franchise Claim
A woman suing Jet's Pizza told the Michigan Supreme Court on Wednesday that she should be able to continue suing the pizza franchise after settling with the delivery driver who rear-ended her, pushing the justices to cast aside what she described as an antiquated rule that extinguished her claims.
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December 04, 2024
Ex-Tiffany Manufacturing Supervisor Gets Prison For Theft
A former manager at a Tiffany & Co. jewelry factory was sentenced to 59 days in prison Wednesday, after he pled guilty to stealing $1.7 million in gold, silver and platinum from his employer.
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December 04, 2024
Pitt, UPMC Say Fired Doctor Didn't State How DEI Broke Law
A fired University of Pittsburgh medical school program director's article criticizing diversity, equity and inclusion initiatives isn't protected activity, since he did not specify in suing that Pitt or the University of Pittsburgh Medical Center used DEI initiatives to discriminate, the institutions' lawyers told a federal judge Wednesday.
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December 04, 2024
Retaliation Case Over Mostly Nude Trucker Gets Green Light
A North Carolina federal judge declined to shut down a lawsuit from a trucker who said she was unlawfully fired for complaining about a co-worker walking around in his underwear, saying she was terminated suspiciously soon after she accused him of sexual harassment.
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December 04, 2024
Foley & Lardner Gets Pro-Palestinian Atty's Suit Pared Down
A former Foley & Lardner LLP summer associate who says the firm rescinded an employment offer over her public support for Palestinians saw part of her suit dismissed this week, with an Illinois federal judge finding that the firm never promised to hire her regardless of what kinds of activism she took part in.
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December 04, 2024
No 6th Circ. Rehearing For Ohio City In Cop's Age Bias Suit
The Sixth Circuit has declined a Cincinnati suburb's request for it to reconsider its precedential panel decision reviving a former police officer's discrimination suit claiming he was given low-level tasks and overly scrutinized because he was in his 50s.
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December 04, 2024
NJ Atty Denies Harassment, Accuses Ex-Secretary Of Theft
A New Jersey lawyer who is facing a state court lawsuit brought by a former secretary accusing him of sexual harassment has denied the claims and alleged in a counterclaim that the ex-employee had converted property belonging to him and the law firm.
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December 04, 2024
Timothy Hutton, Production Co. Settle Over Firing From Show
Academy Award-winning actor Timothy Hutton has settled a $3 million dispute over his ouster from the Amazon crime drama reboot "Leverage: Redemption" amid sexual assault allegations, two months before he and the show's production company had been set to square off at trial in California state court.
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December 04, 2024
Justices Seem To Back Ban On Transgender Youth Care
The U.S. Supreme Court's conservative majority on Wednesday seemed poised to greenlight a Tennessee ban on minors receiving gender-affirming care, despite arguments from the court's liberal block that finding the law constitutional would fly in the face of the court's equal-protection precedents.
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December 04, 2024
LexShares Must Face Claims In Ex-CEO's Race Bias Suit
Racial discrimination claims by a Black former CEO of litigation financier LexShares Inc. are not time-barred, a Massachusetts federal judge has ruled, though she dismissed claims against the chairman of the company's board and another board member.
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December 04, 2024
5th Circ. Won't Revive Prison Psychologist's Sex Bias Suit
The Fifth Circuit refused to reinstate a former Federal Bureau of Prisons psychologist's suit claiming she was harassed and discriminated against for complaining about her supervisor's inappropriate relationships with female colleagues, saying she hadn't backed up her bias allegations with evidence that men were treated better.
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December 04, 2024
Apple Forced Exec Out For Flagging Unequal Pay, Court Told
Apple gave the former head of an audio division an "awful" choice — work under a performance improvement plan or quit — after she raised concerns that she received less pay than her male counterparts and participated in an investigation into her supervisor, she told a California state court.
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December 04, 2024
Worker Accuses Delivery Robot Maker Of Wage Violations
A former operations coordinator sued a California robotics company making food delivery in partnership with Uber Eats, claiming in his proposed class action in state court that the company cheated workers out of wages and failed to provide meal and rest breaks.
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December 03, 2024
Ex-Apple Workers Accused Of Swiping Charity Match Funds
A Northern California district attorney's office on Tuesday unveiled charges against six former Apple Inc. workers accused of scheming to convince their employer to match thousands of dollars in nonexistent donations to children's charities, according to an announcement from the office.
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December 03, 2024
5th Circ. Judge Doubts Deepwater Horizon Claims Can Survive
A Fifth Circuit judge on Tuesday questioned whether cleanup workers' claims following the 2010 Deepwater Horizon oil spill can survive in the face of a demanding evidence standard adopted from toxic tort cases.
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December 03, 2024
Judge Won't Strike AECOM's 'New' Claims In Army Billing Suit
A New York federal judge rejected a whistleblower's attempt to strike AECOM's purportedly new arguments in litigation accusing it of falsely billing the U.S. Army on a $1.9 billion support deal, writing "denied" in the margin of the whistleblower's request.
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December 03, 2024
Ex-Dish Marketing Leader Says She Suffered In A 'Boys' Club'
The former head of a Dish Network marketing division has accused the company of fostering a "boys' club" in management, alleging in Colorado federal court that she was fired for failing to report sexual harassment even though male employees were let off the hook for doing the same thing or worse.
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December 03, 2024
MTA, NY Officials Rip Bid To Block Revised Congestion Pricing
New York officials have told a federal judge that residents, truckers and community groups cannot sideline Manhattan's recently resurrected congestion pricing, saying there's zero merit to the plaintiffs' claims that they'd be irreparably harmed by allegedly unconstitutional and discriminatory tolls.
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December 03, 2024
DC Circ. Rejects Dispensary's Challenge To Union Vote
The D.C. Circuit tossed a Phoenix cannabis dispensary's challenge to union certification Tuesday, saying the dispensary forfeited the right to raise the argument in federal court by failing to bring it to the National Labor Relations Board first.
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December 03, 2024
NJ Appeals Court Axes Fire Union's Leave Arbitration Win
A New Jersey appeals court scrapped an arbitration award favoring a firefighters union reached with the city of Newark over concerns that it cut vacation time from its firefighters terminal leave benefit calculations, after finding Tuesday the arbitrator didn't address the core issue of the dispute.
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December 03, 2024
Walgreens Settles Call Center Workers' Unpaid OT Suit
An Illinois federal judge signed off Tuesday on a $460,000 agreement to settle a nationwide collective action of Walgreens call center workers who claimed they were unlawfully required to perform unpaid work before and after their shifts.
Expert Analysis
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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.
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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.