Employment

  • August 09, 2024

    5th Circ. Affirms Engineering Co.'s Loaders Don't Get OT

    A group of workers for a screw pile engineering company fell under the Motor Carrier Act overtime exemption because they performed loading duties often enough to be covered by the carveout, the Fifth Circuit ruled, backing a Texas federal court's dismissal of their suit.

  • August 09, 2024

    Apple Affiliate Denied Redo Trial After Multistate Wage Verdict

    An Apple-affiliated repair company can't undo a jury verdict finding it liable for wage and hour violations in a multistate wage class action, a North Carolina federal judge has ruled, finding there was sufficient evidence to support the verdict.

  • August 09, 2024

    Jury Says Fla. City Owes Black Firefighter For Retaliation

    A federal jury awarded a Black firefighter $72,000 in damages after finding the city of Clearwater, Florida, fired him because he complained that the fire department refused to promote Black workers and otherwise mistreated them.

  • August 09, 2024

    Off The Bench: NCAA Antitrust Woes, Ohio Trans Sports Ban

    In this week's Off The Bench, the NCAA still faces pushback from athletes after an NIL settlement, transgender youth athletes in Ohio lost their legislative battle, and the Seventh Circuit set an insurance broker straight on its actions in an NFL team's settlement with a former player.

  • August 09, 2024

    Jackson Lewis Adds East Coast Principals In Virginia, Florida

    Jackson Lewis PC announced Thursday that it had hired two principals in Florida and Virginia whose practices focus on separate but essential areas of labor and employment law, one of whom is joining after spending his entire legal career at his previous firm.

  • August 09, 2024

    Trulieve Settles Fired Retail Worker's Race Bias Suit

    Florida-based cannabis company Trulieve has agreed to settle a mixed-race former employee's suit alleging he was fired after complaining that a manager repeatedly made racist comments, including calling him a slur, the worker told a Florida federal court.

  • August 09, 2024

    Ex-Boston U Law Instructor Sues Over Course Materials

    A former Boston University Law School instructor has sued the university, accusing it of copyright infringement through use of course materials he developed, in violation of a prior settlement agreement.

  • August 08, 2024

    Feds Say Tenn. Man Helped North Korea Via IT Worker Ploy

    Federal prosecutors say a Tennessee man schemed to get North Koreans hired for remote information technology positions at American and British companies, part of an effort to help generate revenue for North Korea's weapons program, according to an indictment unsealed Thursday.

  • August 08, 2024

    Amazon Actors' Overtime Dispute Can Go Back To State Court

    A background actor can take her unpaid wages class action against Amazon Studios back to state court, a California federal judge concluded, finding federal labor law doesn't preempt the claims, which involved the payment of hourly rates that didn't fall under collective bargaining agreements with SAG-AFTRA.

  • August 08, 2024

    9th Circ. Revives Negligence Claims In Uber Sex Assault Suit

    The Ninth Circuit on Thursday revived a woman's negligence claim against Uber Technologies Inc. over her sexual assault by a suspended driver, saying the company had a duty of care because it contributed to the situation that led to her being assaulted.

  • August 08, 2024

    Posner's Ex-Staffer Blasts 'Judicial Thuggery' In DQ Bid

    The so-called pro se litigation expert suing retired Seventh Circuit Judge Richard Posner for $170,000 argued Wednesday that the magistrate judge handling the parties' discovery should be removed from the case because he has proven to be biased in Posner's favor.

  • August 08, 2024

    Judge Cites 'Evasive Tactics' In Axing Suit For Lost Evidence

    An Illinois federal judge agreed Wednesday to permanently toss a former Chicago Transit Authority employee's retaliation suit and order him and his lawyer to split more than $75,000 in fees and costs for spoiling electronic phone evidence relevant to his case.

  • August 08, 2024

    Maynard Nexsen Says No DQ Needed In Contractor Bias Case

    A former engineer suing defense contractor Parsons Corp. for discrimination pushed back Thursday against the company's bid to disqualify his counsel, Maynard Nexsen PC, for allegedly representing both parties at the same time, saying the firm did not actually represent Parsons.

  • August 08, 2024

    Tribe Must Arbitrate Union Card Check Dispute, Judge Says

    A California tribe that owns a casino must go to arbitration with UNITE HERE over a spat concerning a representation process with a card check procedure, a federal district court has determined, saying the parties agreed to arbitrate disputes about interpretations of a 2017 accord.

  • August 08, 2024

    NC Judge Pauses Stopwatch For Opt-In Members In FLSA Suit

    A federal magistrate judge has agreed to toll the statute of limitations for potential members of a collective action in a minimum wage and overtime suit against a supply chain management company, finding there have been "extraordinary circumstances" that delayed the case.

  • August 08, 2024

    MLB May Settle With Fired Ump Who Flagged Harassment

    Major League Baseball and Brandon Cooper, a former minor league umpire accusing the league of firing him in retaliation for his reporting a female umpire's harassment, are discussing a settlement of his lawsuit, according to a joint letter asking a New York federal judge to pause the case.

  • August 08, 2024

    McElroy Deutsch Seeks To Ax Former CFO's Ch. 11 Case

    McElroy Deutsch Mulvaney & Carpenter LLP urged a New Jersey bankruptcy court Thursday to throw out a Chapter 11 filing from its former chief financial officer, who has been sent to prison for stealing over $1 million from the firm, slamming it as a bad faith "tactical maneuver" to stall ongoing civil litigation.

  • August 08, 2024

    Atty Accuses NYC Agency Of Bias, EEOC Charge Retaliation

    A staff attorney accused the New York City Administration for Children Services of abruptly revoking his years-old disability accommodations while he was recovering from heart surgery, alleging in a federal lawsuit Wednesday that the administration tried to force him to quit after he filed a state court action and a charge of discrimination with the Equal Employment Opportunity Commission.

  • August 08, 2024

    NJ Chief Justice Escapes Depo In Ex-Jurist's Pension Suit

    Chief Justice Stuart Rabner of the New Jersey Supreme Court will not have to sit for a deposition in a suit brought by a former Superior Court judge over the denial of her disability pension application, a Garden State judge ruled Thursday.

  • August 08, 2024

    Kansas, Nebraska Urge 6th Circ. To Block Arb. In Pronoun Suit

    A former physician assistant shouldn't have to arbitrate her suit claiming she was fired over religious objections to the use of patients' preferred pronouns, Kansas and Nebraska told the Sixth Circuit, arguing the worker can't be forced to litigate constitutional and civil rights claims behind closed doors.

  • August 08, 2024

    Former In-House Atty Says Mortgage Co. Was 'Oppressive'

    A former staff attorney for mortgage company Newrez LLC alleges in a Texas state court lawsuit made public this week that she was terminated last year after witnessing a deputy general counsel engage in sexually inappropriate conduct with an intoxicated subordinate attorney at a work-related gathering.

  • August 08, 2024

    FedEx Sued By 15K Drivers After OT Collectives End

    About 15,000 drivers who worked for FedEx across the U.S. through intermediary employers have filed lawsuits in Pennsylvania and Massachusetts federal courts arguing the logistics giant is responsible for their lack of overtime wages as a joint employer, launching individual claims following a failed effort to sue as a collective.

  • August 08, 2024

    Ex-Exec Says Texas Law Firm Can't Arbitrate Harassment Suit

    A former executive of a Texas legal tech company has asked a New York federal judge not to let her former law firm force her to arbitrate sexual harassment claims against the firm and its legal technology partner, ClaimDeck.

  • August 08, 2024

    House Panel Says DOL Stonewalling On Contractor Probe Info

    A U.S. House of Representatives Committee on Thursday criticized the U.S. Department of Labor's stance on independent contractor misclassification, saying the agency hasn't provided enough information on its worker classification investigations.

  • August 08, 2024

    Calif. Attorney Beats DQ Bid Despite Being Potential Witness

    A California state appeals court on Wednesday upheld a lower court decision not to disqualify a San Diego lawyer from representing a client in a malpractice suit against a Pasadena law firm, saying the attorney can be counsel and provide witness testimony at the trial.  

Expert Analysis

  • Recruitment Trends In Emerging Law Firm Frontiers

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    BigLaw firms are facing local recruitment challenges as they increasingly establish offices in cities outside of the major legal hubs, requiring them to weigh various strategies for attracting talent that present different risks and benefits, says Tom Hanlon at Buchanan Law.

  • Series

    Glassblowing Makes Me A Better Lawyer

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    I never expected that glassblowing would strongly influence my work as an attorney, but it has taught me the importance of building a solid foundation for your work, learning from others and committing to a lifetime of practice, says Margaret House at Kalijarvi Chuzi.

  • 3 Surprising Deposition Dangers Attorneys Must Heed

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    Attorneys often do not think of discovery as a particularly risky phase of litigation, but counsel must closely heed some surprisingly strict and frequently overlooked requirements before, during and after depositions that can lead to draconian consequences, says Nate Sabri at Perkins Coie.

  • What Employers Need To Know About Colorado's New AI Law

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    The Colorado AI Act, enacted in May and intended to regulate the use of high-risk artificial intelligence systems to prevent algorithmic discrimination, is broad in scope and will apply to businesses using AI for certain employment purposes, imposing numerous compliance obligations and potential liability, say Laura Malugade and Owen Davis at Husch Blackwell.

  • Opinion

    Paid Noncompetes Offer A Better Solution Than FTC's Ban

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    A better alternative to the Federal Trade Commission's recent and widely contested noncompete ban would be a nationwide bright-line rule requiring employers to pay employees during the noncompete period, says Steven Kayman at Rottenberg Lipman.

  • How Associates Can Build A Professional Image

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    As hybrid work arrangements become the norm in the legal industry, early-career attorneys must be proactive in building and maintaining a professional presence in both physical and digital settings, ensuring that their image aligns with their long-term career goals, say Lana Manganiello at Equinox Strategy Partners and Estelle Winsett at Estelle Winsett Professional Image Consulting.

  • Firms Must Rethink How They Train New Lawyers In AI Age

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    As law firms begin to use generative artificial intelligence to complete lower-level legal tasks, they’ll need to consider new ways to train summer associates and early-career attorneys, keeping in mind the five stages of skill acquisition, says Liisa Thomas at Sheppard Mullin.

  • Think Like A Lawyer: Always Be Closing

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    When a lawyer presents their case with the right propulsive structure throughout trial, there is little need for further argument after the close of evidence — and in fact, rehashing it all may test jurors’ patience — so attorneys should consider other strategies for closing arguments, says Luke Andrews at Poole Huffman.

  • Where Anti-Discrimination Law Stands 4 Years After Bostock

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    On the fourth anniversary of the U.S. Supreme Court's landmark Bostock ruling, Evan Parness and Abby Rickeman at Covington take stock of how the decision, which held that Title VII protects employees from discrimination because of their sexual orientation and gender identity, has affected anti-discrimination law at the state and federal levels.

  • Series

    Playing Chess Makes Me A Better Lawyer

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    There are many ways that chess skills translate directly into lawyer skills, but for me, the bigger career lessons go beyond the direct parallels — playing chess has shown me the value of seeing gradual improvement in and focusing deep concentration on a nonwork endeavor, says attorney Steven Fink.

  • Crafting An Effective Workplace AI Policy After DOL Guidance

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    Employers should take proactive steps to minimize their liability risk after the U.S. Department of Labor released artificial intelligence guidance principles on May 16, reflecting the reality that companies must begin putting into place policies that will dictate their expectations for how employees will use AI, say David Disler and Courtnie Bolden at ​​​​​​​Porzio Bromberg.

  • Patent Lessons From 7 Federal Circuit Reversals In May

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    A look at recent cases where the Federal Circuit reversed or vacated decisions by the Patent Trial and Appeal Board or a federal district court provide guidance on how to succeed on appeal by clarifying the obviousness analysis of design patents, the finality of a judgment, and more, say Denise De Mory and Li Guo at Bunsow De Mory.

  • Litigation Inspiration: Attys Can Be Heroic Like Olympians

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    Although litigation won’t earn anyone an Olympic medal in Paris this summer, it can be worthy of the same lasting honor if attorneys exercise focused restraint — seeking both their clients’ interests and those of the court — instead of merely pursuing every advantage short of sanctionable conduct, says Bennett Rawicki at Hilgers Graben.

  • Politics In The Workplace: What Employers Need To Know

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    As the 2024 election approaches and protests continue across the country, employers should be aware of employees' rights — and limits on those rights — related to political speech and activities in the workplace, and be prepared to act proactively to prevent issues before they arise, say attorneys at Littler.

  • Lean Into The 'Great Restoration' To Retain Legal Talent

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    As the “great resignation,” in which employees voluntarily left their jobs in droves, has largely dissipated, legal employers should now work toward the idea of a “great restoration,” adopting strategies to effectively hire, onboard and retain top legal talent, says Molly McGrath at Hiring & Empowering Solutions.

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