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Employment
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October 09, 2024
Mich. Justices Open To Atty Fee Bid In Legal Malpractice Case
The Michigan Supreme Court appeared receptive Wednesday to arguments from a lab-grown orchid company that it should be allowed to recover attorney fees incurred in an employment lawsuit the company claimed resulted from legal malpractice.
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October 09, 2024
National Basketball Players Association Head Joins JAMS
An attorney known for becoming the first woman to head a major professional sports union in North America has decided to take the next step of her career at JAMS, the alternative dispute resolution service announced on Tuesday.
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October 09, 2024
Stellantis Keeps Hitting UAW With Suits Over Strike Threat
Stellantis sued the United Auto Workers affiliate representing its Denver parts facility workers over their recent strike authorization vote, saying in its 11th lawsuit filed against the union in the past week that the UAW manufactured "sham grievances" to justify a mid-contract strike over a "promise" the company didn't make.
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October 09, 2024
NJ Law Firm Gets Partial Win In Dispute With Ex-Employees
The arbitration pacts that two former employees at a New Jersey law firm filed cover their discrimination claims, a New Jersey state court judge ruled, handing the Bergen County-based personal injury firm a partial win in the workers' wage and bias suit.
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October 09, 2024
DOL Fines Farm Labor Contractor, Bars It From H-2A Program
A farm labor contractor based in Washington state will pay more than $252,000 and be barred from participating in the H-2A temporary worker program for three years after underpaying workers and putting their safety at risk, the U.S. Department of Labor announced.
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October 09, 2024
Novant Ex-Exec's Counsel Wins $154K In Fees For Race Case
Counsel for a former Novant Health Inc. executive who won $4.3 million after accusing the company of firing him during a diversity push because he was white got $154,000 in attorney fees for successfully defending the award on appeal, slightly less than what was requested.
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October 09, 2024
NFL Settles Racism, Retaliation Suit From Reporter Jim Trotter
Award-winning sports journalist Jim Trotter and the National Football League on Wednesday agreed to settle his federal lawsuit accusing the league and its media arm of retaliating against him for persistently raising concerns about discriminatory hiring.
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October 08, 2024
Vince McMahon Accuser Wants Freedom To Air 'Toxic' Culture
A woman accusing former World Wrestling Entertainment Inc. executive chair Vince McMahon in Connecticut federal court of pressuring her into performing sex acts in exchange for an entry-level job has asked both McMahon and the company to voluntarily waive nondisclosure agreements, saying she and other accusers could help reform WWE's "toxic and sexualized culture."
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October 08, 2024
Military Health Plans Deny They Were Overpaid On DOD Deal
Five military healthcare plan providers have asked the Maine federal court to dismiss the U.S. Department of Justice's claims that they were overpaid for healthcare services, arguing they were paid exactly what they were owed under their fixed-price contracts.
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October 08, 2024
Solo Cup Maker Must Face Suit Over Worker's Shooting Death
Solo Cup Operating Corp. can't escape a wrongful death lawsuit accusing it of negligently hiring a worker who killed a fellow employee in a dispute over $400, a Georgia appeals court ruled, saying the incident is clearly not covered by the state's workers compensation law.
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October 08, 2024
Yellow Tells 10th Circ. To Revive Claims Against Teamsters
Yellow Corp. called on the Tenth Circuit to reverse a lower court's dismissal of the company's $137 million lawsuit against the Teamsters that claimed the union led the nearly 100-year-old company to shutter, saying the business wasn't required to exhaust the grievance process under a contract.
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October 08, 2024
MLB Faces New Bias Suit After Settlement Talks Fail
A former minor league umpire who claims he was sexually harassed by a female umpire filed an expanded suit Tuesday against Major League Baseball after settlement talks failed.
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October 08, 2024
1st Circ. Warned Not To 'Speculate' In Union Debt Ceiling Suit
A lawyer for a governmental workers' union challenging the constitutionality of the federal debt limit told a First Circuit panel on Tuesday that a January default is a virtual certainty under existing law, and urged the judges to avoid trying to predict whether President Joe Biden and a lame-duck Congress might extend the ceiling.
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October 08, 2024
5th Circ. Skeptical Of Suit Over NLRB Captive Audience Memo
The Fifth Circuit gave a cool reception Tuesday to staffing companies challenging a 2022 memo the National Labor Relations Board's general counsel issued arguing so-called captive audience meetings violate federal labor law, with judges questioning whether the document is the type of board action subject to court review.
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October 08, 2024
Airlines Say Chicago Sick Leave Law Would Impact Business
An organization representing the largest U.S. airlines urged an Illinois federal court to keep afloat its challenge to Chicago's new paid sick leave law, saying its claims that the statute would impact flight prices and routes are fact-intensive and should proceed to discovery.
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October 08, 2024
Divorced-Dads Firm Beats Fired Paralegal's Retaliation Suit
A Kansas federal jury on Monday sided with a law firm that bills itself as an advocate for divorced fathers, shutting down a suit from a paralegal who claimed she was fired for speaking up about sexual harassment by one of the firm's attorneys.
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October 08, 2024
DOL Tells 5th Circ. Decision On Tip Rule Is Too Broad
The U.S. Department of Labor urged a Fifth Circuit panel to update its decision striking down the department's 2021 rule on tipped wages, saying the opinion is too broad and it should focus on a provision that two restaurant groups challenged.
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October 08, 2024
1st Circ. Eyes Revival Of Welch's Execs' Pension Fight
The First Circuit appeared receptive Tuesday to former Welch's executives who are seeking to revive a suit claiming they were shortchanged by a supplemental retirement plan, with two judges pointing out conflict-of-interest disputes on appeal that the lower court left unaddressed.
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October 08, 2024
Colo. Freed From Union Protest Of Southwest Sick Leave Deal
Colorado isn't on the hook for claims by a union representing Southwest Airlines flight attendants related to a settlement between the state and airline about a sick leave law, a state court judge ruled, finding the union lacks standing to raise its allegations.
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October 08, 2024
College Admins Beat Ex-Prof's Suit Over Race-Based Study
Cleveland State University faculty defeated a former professor's suit alleging he was unlawfully fired for publishing research asserting intelligence differences between white and Black people, with an Ohio federal judge finding he was let go for abusing access to restricted data, not his research subject.
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October 08, 2024
Harvard Says Ex-Coach's Pay, Retaliation Suit Falls Flat
Harvard University has urged a Massachusetts federal judge to dismiss a former ice hockey coach's suit alleging she was paid less than her male counterparts and was forced into retirement, arguing the claims were mostly made after the statute of limitations had expired and failed to make a connection to an action taken by the school.
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October 07, 2024
Fired MSU Coach Mel Tucker Hit With Defamation Suit
A sexual assault survivor's advocate on Monday hit former Michigan State University football coach Mel Tucker with a defamation suit in Lansing court, claiming he has falsely accused her of fabricating a sexual harassment complaint that gave the school an excuse to fire him last year.
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October 07, 2024
NC's Durham Inks DOJ Deal Over Racially Biased Hiring
The city of Durham, North Carolina, agreed Monday to pay $980,000 and adjust its hiring practices to resolve U.S. Department of Justice civil rights allegations that a written test used by the city's Fire Department in evaluating potential hires unintentionally discriminates against Black candidates.
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October 07, 2024
Pepsi Employee Sues Over Health Plan's 'Tobacco Surcharge'
A Pepsi employee has hauled the snack and beverage multinational into New York federal court, alleging in a proposed class action that the company unlawfully imposes a "tobacco surcharge" on employees who use tobacco products while failing to adequately notify employees that they can instead join a company wellness program.
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October 07, 2024
UFC Fighters Urge Judge To Greenlight $375M Settlement
A group of UFC fighters on Monday sought preliminary approval of a $375 million agreement that would net many fighters over $1 million each and settle their Nevada federal court dispute with UFC over what they say is a history of suppressed wages.
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.