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Employment
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December 13, 2024
Old Dominion, Workers Settle BIPA Suit Over Fingerprint Data
Old Dominion Freight and a group of workers told a federal court that they reached a deal to end the workers' proposed class action accusing the company of violating the Illinois Biometric Information Privacy Act by scanning and storing employees' fingerprints without their consent.
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December 13, 2024
Calif. Justices Won't Undo Judge's Ouster Over Misconduct
The California Supreme Court has decided not to overturn a state judge's removal from the bench for conducting a campaign of retaliation against court employees he suspected of being "moles."
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December 13, 2024
Off The Bench: PE Buys In On NFL, WWE Abuse Suit Back On
In this week's Off The Bench, two teams usher in a new era for the NFL by bringing in private equity investors, a suit accusing the WWE and Vince McMahon of sexual abuse and trafficking picks back up while a federal investigation continues, and a private equity giant and NHL owner passes away.
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December 13, 2024
Greenberg Traurig Gains ArentFox Schiff Labor Pro In Calif.
Greenberg Traurig LLP has expanded its labor and employment practice with a new shareholder in California who came aboard from ArentFox Schiff LLP, fortifying the firm's ability to meet clients' needs in the practice area.
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December 13, 2024
DOL Orders Asia Pacific To Pay $2M To Ex-Pilot Whistleblower
Asia Pacific Airlines must pay a former pilot over $2 million in wages, damages and attorney fees, as the Occupational Safety and Health Administration found that the airline had ignored his complaints about the safety of a cargo plane before ultimately firing him, the Department of Labor said.
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December 13, 2024
Cannabis Co. Says Budtender Must Arbitrate Tip Pool Suit
A cannabis company urged a Michigan federal court to nix a lawsuit by a budtender accusing it of implementing a mandatory tip pool that was shared with supervisors, saying the worker signed a valid arbitration agreement that keeps this case out of court.
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December 13, 2024
Helicopter Co. Calls Whistleblower Suit 'Premature'
Sikorsky Aircraft Corp. told a Connecticut state court that a self-described well-known whistleblower failed to turn to the Occupational Safety and Health Administration before filing a lawsuit that accuses the company of firing him for reporting wage and hour and environmental violations, and it urged the court to toss the suit.
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December 13, 2024
11th Circ. Won't Revive Cop's Bias Case Over COVID Policies
The Eleventh Circuit backed a win for Birmingham, Alabama, in a lawsuit claiming it assigned a police officer to the city jail as punishment for requesting an exemption from pandemic face mask policies because of his anxiety, finding he hadn't shown the city was motivated by bias.
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December 13, 2024
White House Reviewing 2nd Half Of H-1B Modernization Rule
With just over a month to go before the inauguration, the White House is reviewing the second half of a regulation to overhaul the H-1B temporary visa program for specialty occupations, the last step before the rule can be finalized.
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December 13, 2024
Workers Hit Cisco With Claims Of Anti-Palestinian Bias
A group of current and former Cisco workers lodged charges with workplace discrimination and labor regulators accusing the company of allowing Palestinian employees to be harassed for criticizing its decision to provide technology to the Israeli military in its war with Hamas.
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December 12, 2024
Diddy Hit With 3 New Sexual Assault Suits In NY
Three men Thursday filed new suits against Sean "Diddy" Combs, each claiming that the hip-hop mogul got them drunk, drugged them and raped them in recent years, according to complaints filed in New York County Supreme Court.
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December 12, 2024
WGA Urges Major Studios To Take Legal Action Over AI 'Theft'
The Writers Guild of America on Wednesday called on several major entertainment studios to swiftly take legal action against technology companies they assert are stealing writers' works to train artificial intelligence systems and making billions of dollars from the "wholesale theft."
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December 12, 2024
Full 9th Circ. To Rehear Late BNSF Worker's Retaliation Claims
The full Ninth Circuit on Thursday agreed to reconsider retaliation allegations against BNSF Railway Co. brought by the estate of a former BNSF conductor claiming the railroad terminated him, in part, because he conducted a safety test.
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December 12, 2024
Judge Says Pay Owed After Texas Co. Benched H-1B Worker
A Department of Labor judge said a Houston engineering company owes a former H-1B worker nearly $57,000 in wages since it "benched" the worker without pay for months after a third-party contract collapsed during the COVID-19 pandemic.
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December 12, 2024
Wells Fargo Faces ADA Suit Over Post-COVID Office Mandate
Wells Fargo Bank NA faces a suit brought by a 20-year employee alleging she faced discrimination for working remotely due to health issues as the company sought to bring its workers back to in-person work on the heels of the coronavirus pandemic.
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December 12, 2024
Atlanta Private School Should Beat Racism Claim, Judge Says
A Georgia federal magistrate judge has suggested that an educator's race bias suit against an affluent Atlanta private school be tossed, writing that the former preschool director failed to convincingly argue she was fired over her writing an article on discrimination in education.
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December 12, 2024
Chemical Co. Cuts $300K Deal To End Unpaid Wage Suit
A Pennsylvania chemical company and a former worker who accused it of violating state and federal wage laws by requiring uncompensated preshift work of its employees came together and asked a Keystone State judge to approve a $300,000 settlement for the proposed class action.
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December 12, 2024
Insurer Must Defend Texas Oilfield Against Burned Worker
An insurer must continue to defend an oilfield services company in a suit brought by a severely burned worker seeking over $1 million for his injuries, a Texas federal court ruled, finding nothing in his short complaint triggered exclusions.
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December 12, 2024
Amazon Can't Nix Class, Collective Claims In Pay Bias Suit
A Washington federal judge on Thursday said Amazon cannot throw out proposed class and collective claims that it systematically paid women less than their male counterparts, saying the case is not "so hopeless" that certification is impossible down the road.
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December 12, 2024
Garth Brooks Can't Yet Move Rape Claims Out Of California
A California federal judge has denied, for now, Garth Brooks' bid to toss his former hair and makeup artist's Los Angeles rape suit in favor of dealing with the allegations in the Mississippi court where the country music star is leveling related extortion claims.
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December 12, 2024
Ex-Mich. Football Stars Eye 'Early' Class Cert. In $50M NIL Suit
Former University of Michigan football players seeking more than $50 million from the NCAA and Big Ten Network asked a judge to certify their proposed student-athlete class on Thursday, while noting it was "admittedly early" in the case to do so.
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December 12, 2024
Sam Adams Maker Using 'Draconian' Noncompete, Court Told
A former Boston Beer Co. sales worker told a Massachusetts federal judge on Thursday that the Sam Adams brewer is aggressively enforcing noncompete agreements that don't comply with state law.
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December 12, 2024
Lawmaker Sues Over Firing For Remarks On Jewish Rival
Outgoing Connecticut State Rep. Anabel Figueroa, a Democrat representing Stamford, is suing her ex-employer Nuvance Health Inc. claiming it wrongly fired her over purportedly antisemitic comments she made in a radio interview about her successful primary challenger that she said were taken out of context.
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December 12, 2024
'Love Is Blind' Cast Members Are Employees, NLRB GC Says
Cast members of the Netflix reality series "Love Is Blind" are employees under federal labor law, the NLRB's Minneapolis office alleged in a complaint obtained by Law360, claiming the producers have unlawful provisions in agreements demanding thousands of dollars if participants quit the reality show or breach the pacts.
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December 12, 2024
Sony, Bungie Face $200M Defamation Suit Over Exec's Ouster
Former Bungie Inc. gaming software director and designer Christopher Barrett sued the company and parent Sony Interactive Entertainment LLC for $200 million in damages in Delaware's Court of Chancery on Thursday, claiming defamation and constructive dismissal while accusing the companies of leaking false sexual misconduct allegations.
Expert Analysis
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Every Dog Has Its Sick Day: Inside NYC's Pet Leave Bill
In what would be a first-of-its-kind law for a major metropolitan area, a recent proposal would amend New York City's Earned Safe and Sick Time Act to include animal care as an accepted use of sick leave — and employers may not think it's the cat's meow, say attorneys at Morrison Cohen.
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Series
Gardening Makes Me A Better Lawyer
Beyond its practical and therapeutic benefits, gardening has bolstered important attributes that also apply to my litigation practice, including persistence, patience, grit and authenticity, says Christopher Viceconte at Gibbons.
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How Trump's 2nd Term May Alter The Immigration Landscape
Rhetoric from Donald Trump's campaign and his choice of hardline appointees indicate that a more restrictive and punitive approach to immigration is in our immediate future, especially in areas like humanitarian relief, nonimmigrant visa processing, and travel and green card eligibility, says John Quill at Mintz.
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Litigation Inspiration: Reframing Document Review
For attorneys — new ones especially — there is much fulfillment to find in document review by reflecting on how important, interesting and pleasant it can be, says Bennett Rawicki at Hilgers Graben.
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7th Circ. Travel Time Ruling Has Far-Reaching Implications
In a case of first impression, the Seventh Circuit’s recent holding in Walters v. Professional Labor Group will have significant implications for employers that must now provide travel time compensation for employees on overnight assignments away from home, says Anthony Sbardellati at Akerman.
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Pa. Ruling Highlights Challenges Of Employer Arb. Appeals
A Pennsylvania federal court's recent ruling in Welch Foods v. General Teamsters Local Union No. 397 demonstrates the inherent difficulties employers face when seeking relief from labor arbitration decisions through appeals in court — and underscores how employers are faced with often conflicting legal priorities, says Daniel Johns at Cozen O'Connor.
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7 Ways To Prepare For An I-9 Audit Or Immigration Raid
Because immigration enforcement is likely to surge under the upcoming Trump administration, employers should take steps to ensure their staff is trained in employment eligibility verification requirements and what to do in the event of an Immigration and Customs Enforcement I-9 audit or workplace raid, say attorneys at Littler.
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Args In 2 High Court Cases May Foretell Clarity For Employers
Mary Anna Brand at Maynard Nexsen examines possible employment implications of two cases argued before the Supreme Court this fall, including a higher bar for justifying employees as overtime exempt under the Fair Labor Standards Act, and earlier grants of prevailing party status for employee-plaintiffs seeking attorney fees.
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California Supreme Court's Year In Review
Attorneys at Horvitz & Levy highlight notable decisions on major questions from the California Supreme Court's last term, including voter initiatives, hostile work environment and the economic loss rule.
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Disentangling Various Forms Of Workplace Discrimination
Pay inequity can be missed where it exists and misidentified due to incorrect statistics, leaving individuals to face multiple facets of discrimination connected by a common root cause, meaning correct identification and measurement is crucial, says Daniel Levy at Advanced Analytical.
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What Lawyers Can Learn From High School AI Suit
A pending Massachusetts lawsuit regarding artificial intelligence use in an academic setting underscores the need for attorneys to educate themselves on AI technology and tools that affect their clients so they can advise on establishing clear expectations and limits around the permissible use of AI, say attorneys at Hinckley Allen.
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Calif. Ruling May Shield Public Employers From Labor Claims
In Stone v. Alameda Health System, the California Supreme Court recently exempted a county hospital from state-mandated rest breaks and the Private Attorneys General Act, granting government employers a robust new bulwark against other labor statutes by undermining an established doctrine for determining if a law applies to public entities, say attorneys at Hunton.
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Best Practices For Effective Employee Assistance Programs
Employee assistance programs can be a powerful tool for establishing health and wellness initiatives in workplaces, and certain implementation steps can help both employers and workers gain maximum benefit from EAPs, say attorneys at Foley & Lardner.
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Series
Flying Makes Me A Better Lawyer
Achieving my childhood dream of flying airplanes made me a better lawyer — and a better person — because it taught me I can conquer difficult goals when I leave my comfort zone, focus on the demands of the moment and commit to honing my skills, says Ivy Cadle at Baker Donelson.
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NLRB One-Two Punch Curbs Employer Anti-Organizing Tools
The National Labor Relations Board’s recent decisions in Siren Retail and Amazon, limiting employer speech about the impact of unionization and outlawing captive audience meetings, severely curtail employers' arsenal of tools to combat an organizing campaign — though this may soon change under a new administration, say attorneys at Benesch.