Employment

  • October 18, 2024

    Chamber Of Commerce Seeks Stay Of H-2A Rule For Harvest

    The U.S. Chamber of Commerce pushed a Mississippi federal court to stay a policy allowing H-2A migrant farmworkers to organize, saying its members can't risk being penalized under the policy while the Chamber challenges the rule's legality.

  • October 18, 2024

    Delivery Co. Will Pay $2.7M To Settle NJ Misclassification Suit

    A Maryland-based delivery company has reached a $2.75 million settlement with New Jersey regarding the misclassification of workers as independent contractors rather than employees, state officials announced Friday.

  • October 18, 2024

    Walmart Fired Managers Who Fought Biased Hiring, Suit Says

    Walmart fired two managers in retaliation for their persistent complaints about discriminatory hiring practices at an Atlanta-area fulfillment center, the pair have told a Georgia federal judge, alleging they were told not to hire or be "quick to fire" people who seemed "too Black," "too ethnic" or "overtly gay."

  • October 18, 2024

    Connecticut Bus Drivers Settle Disability Bias Claims

    A Connecticut Department of Transportation contractor and three Black bus drivers have settled a federal lawsuit in which the drivers alleged that they experienced retaliation after suffering allergic reactions to disinfectants that were used to clean the vehicles during the COVID-19 pandemic.

  • October 18, 2024

    Class Status Sought For Sex Bias Suit Over Layoffs At X

    A suit alleging X targeted women in layoffs after Elon Musk bought the company should move forward as a class action because hundreds of women were impacted by sexist decision-making, a former employee for the company once known as Twitter argued in California federal court

  • October 18, 2024

    LinkSquares Sued For Denying OT To Legal Tech Sales Reps

    A former sales employee has filed an overtime class action alleging his former employer, Boston-based legal tech company LinkSquares Inc., misclassified inside sales staff as exempt from overtime pay in violation of federal and state wage laws.

  • October 18, 2024

    Off The Bench: Wemby Suit, Antitrust Fights In NASCAR, MMA

    In this week's Off The Bench, NBA superstar Victor Wembanyama sues over illicit merchandise bearing his likeness, while antitrust litigation rocks NASCAR and mixed martial arts promotion Bellator.

  • October 18, 2024

    NY State Court System Escapes Ex-Employee's Bias Suit

    A federal judge has given the New York State Unified Court System a summary judgment win in a bias suit filed by a former court clerk who is a Hindu, ruling that the ex-employee didn't show that religious discrimination was a motive for denying her leave or her firing.

  • October 18, 2024

    Seton Hall Fights Moving Ex-Prez's Suit Over Law Clerk Ties

    Seton Hall University has urged a New Jersey Superior Court judge to undo an order transferring a whistleblower suit by its former president out of Essex County because of a supposed conflict of interest involving the law clerk daughter of one of the defendants.

  • October 18, 2024

    Campbell's Health Plan Can't Charge Tobacco Fee, Suit Says

    Campbell Soup Co. is violating federal benefits law by making workers who use tobacco pay more for health insurance because it doesn't offer a wellness program or comparable alternative, according to a proposed class action in New Jersey federal court.

  • October 18, 2024

    Steptoe & Johnson Lands Clark Hill Employment Duo In Texas

    Steptoe & Johnson PLLC has grown its labor and employment offerings in Texas with the addition of two attorneys from Clark Hill PLC.

  • October 18, 2024

    Pizzeria, Driver's Biz Expense Deal Approved On 2nd Try

    A pizzeria and a former delivery driver for the business secured court approval for a settlement of the worker's wage suit over business expense reimbursements, as a Georgia federal judge found the deal passed muster now that it no longer involved "impermissible and unfair concessions."

  • October 18, 2024

    NCAA's $2.78B NIL Deal Still Faces Long Road To Final OK

    The absence of noticeable change to address concerns flagged by a California federal judge about the NCAA's $2.78 billion name, image and likeness compensation settlement made that same judge's preliminary approval of the deal last week surprising, and experts say those same problematic provisions likely will make final approval an uphill battle.

  • October 17, 2024

    CFPB Sues Vocational School Lender Climb Credit, VC Backer

    The Consumer Financial Protection Bureau on Thursday sued an online private student lender and its venture capital backer in New York federal court, alleging borrowers have been duped into taking out loans for coding school and other vocational programs with false claims about their educational "return-on-investment."

  • October 17, 2024

    CEO Fled Deadly Hurricane But Made Workers Stay, Suit Says

    The CEO of a Tennessee plastics company chose profits over lives when he snuck out the back door while refusing to send factory workers home, as floodwaters began sweeping through the area after Hurricane Helene made landfall, leading to the deaths of six employees, according to a wrongful death lawsuit.

  • October 17, 2024

    Tulsa Massacre Survivors Want Accountability In DOJ Review

    The federal government, in its first probe into one of the deadliest episodes of mass racial violence in the country's history that came during a period of Black affluence in an Indian Country community, is asking the public to come forward with more information that can help its review.

  • October 17, 2024

    Ex-CEO Of Credit Union Blames Accounting Firm For Firing

    The dismissed chief executive officer of a Connecticut credit union is suing the financial institution and Whittlesey PC, its accounting firm, claiming he was fired after following advice from the largest CPA group in the state on when to calendar a $1.2 million gain connected to a property sale.

  • October 17, 2024

    BIA Says Officer's Evals, Report Off Limits In Liability Dispute

    The Bureau of Indian Affairs says a Northern Cheyenne woman who was sexually assaulted by one of its former officers isn't entitled to his psychological evaluation or criminal presentencing report, arguing that the information is protected under state and federal law in the dispute over the federal agency's liability.

  • October 17, 2024

    7th Circ. Won't Give Injured Prof Another Shot At ADA Suit

    The Seventh Circuit backed the dismissal Thursday of a professor's suit claiming she was denied tenure out of disability bias after she suffered a traumatic brain injury, ruling there's no evidence bias influenced the denial and her request for a "do-over" wasn't a reasonable accommodation.

  • October 17, 2024

    6th Circ. Can't Ax Captive Audience Memo, NLRB Atty Says

    A Michigan federal judge properly tossed a challenge to a memo that outlined why National Labor Relations Board general counsel Jennifer Abruzzo thinks so-called captive audience meetings are illegal, Abruzzo told the Sixth Circuit, saying the memo isn't the kind of agency action that's reviewable in federal courts.

  • October 17, 2024

    MMA Fighter Hits Bellator With $15M Antitrust Suit

    A fighter lodged a $15 million antitrust lawsuit against Bellator, claiming that after it merged with the Professional Fighters League, the mixed martial arts company broke a previous agreement that had guaranteed him a certain amount of bouts and payouts.

  • October 17, 2024

    Man Says He Was Forced From Security Job For Being 'Too Old'

    Food, janitorial and security service provider Blackstone Consulting Inc. has been sued in Georgia federal court by a former employee who alleges the company engaged in a "relentless campaign of age-based harassment and disparate treatment" against him before demoting him, significantly decreasing his pay and effectively forcing him to resign.

  • October 17, 2024

    DHL Supply Chain Hit With Disability Bias Suit

    Logistics giant DHL Supply Chain was hit with a disability discrimination lawsuit Wednesday from a worker who says she was forced out of her job after DHL demanded she see a company physician to verify her debilitating medical condition.

  • October 17, 2024

    Ex-Worker Says She Was Fired For Threatening EEOC Charge

    A logistics company was sued Wednesday in federal court by a former Georgia employee who alleges she was sexually harassed and mistreated by "aggressive and threatening" male co-workers and then fired after warning the company she would file a complaint with the U.S. Equal Employment Opportunity Commission if things didn't improve.

  • October 17, 2024

    Gordon Rees Gains Trial Atty From Nashville Boutique

    Gordon Rees Scully Mansukhani LLP has added a trial attorney from Nashville boutique Taylor Pigue Marchetti & Blair PLLC with experience in complex commercial litigation, professional liability, employment and immigration law.

Expert Analysis

  • Why DOJ's Whistleblower Program May Have Limited Impact

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    The U.S. Department of Justice’s new whistleblower pilot program aims to incentivize individuals to report corporate misconduct, but the program's effectiveness may be undercut by its differences from other federal agencies’ whistleblower programs and its interplay with other DOJ policies, say attorneys at Milbank.

  • CFPB's Earned Wage Access Rule Marks Regulatory Shift

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    The Consumer Financial Protection Bureau's newly issued interpretive rule on earned wage access products, classifying them as extensions of credit, marks a significant shift in their regulatory landscape and raises some important questions regarding potential fringe cases and legal challenges, say Erin Bryan and Courina Yulisa at Dorsey & Whitney.

  • How Calif. Justices' Prop 22 Ruling Affects The Gig Industry

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    The California Supreme Court's recent upholding of Proposition 22 clarifies that Uber, Lyft, DoorDash and other companies in the gig industry can legally classify their drivers as independent contractors, but it falls short of concluding some important regulatory battles in the state, says Mark Spring at CDF Labor.

  • Takeaways From Virginia's $2B Trade Secrets Verdict Reversal

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    The Virginia Court of Appeals' recent reversal of the $2 billion damages award in Pegasystems v. Appian underscores the claimant's burden to show damages causation and highlights how an evidentiary ruling could lead to reversible error, say John Lanham and Kamran Jamil at Morrison Foerster.

  • How Justices Upended The Administrative Procedure Act

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    In its recent Loper Bright, Corner Post and Jarkesy decisions, the U.S. Supreme Court fundamentally changed the Administrative Procedure Act in ways that undermine Congress and the executive branch, shift power to the judiciary, curtail public and business input, and create great uncertainty, say Alene Taber and Beth Hummer at Hanson Bridgett.

  • Employers Face Uncertainty After Calif. Justices' Slur Ruling

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    In Bailey v. San Francisco District Attorney's Office, the California Supreme Court recently ruled that a singular use of a racial slur may be sufficiently severe to support a hostile work environment claim, leaving employers to speculate about what sort of comments or conduct will meet this new standard going forward, says Stephanie Roeser at Manatt.

  • 9th Circ. Ruling Flags Work Harassment Risks Of Social Media

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    The recent Ninth Circuit ruling in Okonowsky v. Garland, holding an employer could be liable for a co-worker's harassing social media posts, highlights new challenges in technology-centered and remote workplaces, and underscores an employer's obligation to prevent hostile environments wherever their employees clock in, say Jennifer Lada and Phillip Schreiber at Holland & Knight.

  • 2 Vital Trial Principles Endure Amid Tech Advances

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    Progress in trial technologies in the last 10 years has been transformative for courtroom presentations, but two core communication axioms are still relevant in today's world of drone footage evidence and 3D animations, say Adam Bloomberg and Lisa Walters at IMS Legal Strategies.

  • Key Steps To Employer Petitions For Union Elections

    Excerpt from Practical Guidance
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    Since the National Labor Relations Board shifted the burden of requesting formal union elections onto employers in its Cemex decision last year — and raised the stakes for employer missteps during the process — companies should be prepared to correctly file representation management election petitions and respond to union demands for recognition, says Adam Keating at Duane Morris.

  • Viral Layoffs: How Cos. Can Avoid Bad Social Media Exposure

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    A recent trend of employees using social media to document their experiences with layoffs and disciplinary actions in the workplace should prompt employers to take additional precautions to avoid former workers' negative viral reviews when deciding how, when and what to communicate to employees, say Scott McIntyre and Chrissy Kennedy at BakerHostetler.

  • Mirror, Mirror On The Wall, Is My Counterclaim Bound To Fall?

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    A Pennsylvania federal court’s recent dismissal of the defendants’ counterclaims in Morgan v. Noss should remind attorneys to avoid the temptation to repackage a claim’s facts and law into a mirror-image counterclaim, as this approach will often result in a waste of time and resources, says Matthew Selmasska at Kaufman Dolowich.

  • 6 Factors That Can Make For A 'Nuclear' Juror

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    Drawing from recent research that examines the rise in nuclear verdicts, Ken Broda-Bahm at Persuasion Strategies identifies a few juror characteristics most likely to matter in assessing case risk and preparing for jury selection — some of which are long-known, and others that are emerging post-pandemic.

  • Series

    Playing Dungeons & Dragons Makes Me A Better Lawyer

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    Playing Dungeons & Dragons – a tabletop role-playing game – helped pave the way for my legal career by providing me with foundational skills such as persuasion and team building, says Derrick Carman at Robins Kaplan.

  • Illinois BIPA Reform Offers Welcome Relief To Businesses

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    Illinois' recent amendment to its Biometric Information Privacy Act limits the number of violations and damages a plaintiff can claim — a crucial step in shielding businesses from unintended legal consequences, including litigation risk and compliance costs, say attorneys at Taft.

  • 3 Notes For Arbitration Agreements After Calif. Ruling

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    After last month's California Supreme Court decision in Ramirez v. Charter Communications invalidated several arbitration clauses in the company's employee contracts as unconscionable, companies should ensure their own arbitration agreements steer clear of three major pitfalls identified by the court, say attorneys at Cooley.

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