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Employment
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September 10, 2024
Calif. NLRB Judge OKs Union Vote At Social Services Org.
Workers at a San Francisco-based social services nonprofit can proceed with their union representation election, a National Labor Relations Board official has ruled, rejecting the employer's bid to exclude some employees from the vote on the grounds that they exercise supervisory power.
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September 10, 2024
Ballot Selfie Can't Tank Cannabis Firm Election, Union Argues
A United Food and Commercial Workers union local blasted a Massachusetts cannabis dispensary for trying to throw out a union election based on one worker's voluntary photograph of his ballot, telling the National Labor Relations Board that its precedent supports tossing only that vote and not the whole election.
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September 10, 2024
Fulton County Tries To Chop Court Staffer's Harassment Suit
A Georgia county this week fired back against a former courts employee's claims she was disciplined, passed over for promotion and threatened with a longer commute for speaking out about a supervisor's sexual abuse, contending her lawsuit is missing key supporting facts.
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September 10, 2024
Retention Bonus Not Wages Under Mass. Law, Court Finds
A retention bonus does not count as wages under Massachusetts' wage laws because it is a form of "contingent compensation," a state appellate division court ruled.
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September 10, 2024
Lewis Brisbois Lands 9 Litigators From Pillinger Miller
Lewis Brisbois Bisgaard & Smith LLP has added more litigation muscle with a nine-attorney pickup from Pillinger Miller Tarallo LLP, expanding the larger firm's head count in locations including New Jersey and New York.
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September 10, 2024
Middle Temple Beats Catering Head's Unfair Dismissal Claim
The former head of catering at one of London's four inns of court has failed in his unfair dismissal claim, as a tribunal found on Tuesday that the professional association for barristers had treated him fairly during the redundancy process.
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September 10, 2024
Ex-Michigan Football Stars Hit NCAA With $50M NIL Suit
A group of former University of Michigan football players are seeking more than $50 million in damages through a proposed class action filed Tuesday that alleges a decades-long scheme by the NCAA and Big Ten Network to unlawfully exploit athlete names, images and likenesses for commercial gain.
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September 10, 2024
YMCA Manager Wins Quitting Claim After Dispute Over Printer
A night manager at the YMCA was forced to quit after she was disciplined for printing out her son's exam practice papers at work — but her support for a colleague's dispute did not influence the actions of the association, an employment tribunal has ruled.
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September 10, 2024
FAMU Must Face Law Professor's Race Bias Claims
A Florida federal judge won't toss a Florida A&M University College of Law professor's suit claiming that she was subjected to race-based discrimination, ruling that although her latest complaint could benefit from "significant refinement," it properly alleges her claims.
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September 10, 2024
State Pension Likely To Rise 4% Under Triple Lock
The U.K. government is likely to push through an inflation-busting increase to the state pension of approximately £460 ($600) a year from April, after official figures revealed on Tuesday a rise in average earnings.
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September 10, 2024
Ex-Barclays VP Loses Bid To Retry Lost Promotion Claim
An attempt by a former Barclays vice president to revive her claim that she faced racial discrimination during a promotion round has failed, as an employment tribunal ruled that she was merely trying to "have another bite at the cherry."
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September 10, 2024
Bolt Drivers Gear Up For Group Claim Over Workers' Rights
More than 12,500 Bolt drivers will argue at an employment tribunal on Wednesday that they deserve worker status, as the ride-hailing app becomes the latest company to face group action from gig economy workers fighting for better pay conditions.
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September 09, 2024
Calif. State Senator's Ex-Staffer Sues For Sexual Harassment
California State Sen. Marie Alvarado-Gil created a toxic work environment for her former chief of staff, demanding he perform sex acts to prove his loyalty and firing him for objecting to her "sexualized abuse of power," the former staffer alleged in a new complaint filed in Sacramento Superior Court.
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September 09, 2024
Pa. Supreme Court Snapshot: Benefits, Cannabis, Taxes
The Pennsylvania Supreme Court's September schedule will have the justices pondering when to cancel tax exemptions for hospitals, if stormwater fees are taxes in disguise, and the potential resurrection of requiring medical marijuana products to be tested and approved by two separate laboratories.
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September 09, 2024
SpaceX Urges Arbitration Of Sex Harassment Suit
Attorneys for SpaceX urged a California state court judge Monday to rethink a tentative ruling that declined to send a sexual harassment claim by an employee to arbitration but found 10 other claims are arbitrable, arguing the harassment claim predates a statute requiring that it be adjudicated in court.
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September 09, 2024
Qorvo Gets Nearly $12M In Fees After $39M Trade Secrets Win
A federal judge said Monday that wireless company Qorvo Inc. was entitled to more than $11.7 million in legal fees after a jury earlier this year awarded the business $38.6 million in a trade secrets case against Akoustis Technologies Inc.
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September 09, 2024
Abbott Says Illinois OT Suit Should Join Similar Case In Ohio
Abbott Laboratories asked an Illinois federal judge Friday to send two workers' dispute over unpaid sanitary gear changes and hand washings to Ohio where a similar suit is pending, arguing that the move would promote consistent judgments across the "nearly identical" claims.
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September 09, 2024
Mich. Judge Denies Injunction Bid In NLRB Constitutional Row
An auto parts maker didn't prove the company would be harmed when facing an unfair labor practice proceeding before National Labor Relations Board officials with allegedly unconstitutional removal protections, a Michigan federal judge ruled Monday, while greenlighting a delay to the agency case pending an appeal.
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September 09, 2024
NC Sheriff Settles Former Jailer's Bias Suit On Eve Of Trial
The Mecklenburg County Sheriff's Office and an ex-detention officer reached a deal in the officer's sex discrimination lawsuit on the eve of trial, according to a notice filed with a North Carolina federal court.
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September 09, 2024
Texas High Court To Mull Medical Nonprofit's Med Mal Liability
The Texas Supreme Court is scheduled to hear oral arguments Wednesday over whether a nonprofit health organization can be sued for the alleged medical negligence of one of its physician employees, in a dispute over an allegedly botched brain surgery.
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September 09, 2024
SEC Fines 7 Companies $3M Over Whistleblower Violations
The U.S. Securities and Exchange Commission on Monday announced a $3 million collective settlement with seven public companies, including TransUnion and Acadia Healthcare Co. Inc., to resolve claims that those companies used employment, separation and other agreements to impede whistleblowers from reporting potential misconduct to the SEC.
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September 09, 2024
Philly Noncompete Ban Challenger Wants Case Paused
A tree service company suing to block the Federal Trade Commission's noncompete ban in Pennsylvania — the only jurisdiction so far where the commission fended off a preliminary injunction — has asked the judge to pause its case after federal courts in other states put similar suits on hold.
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September 09, 2024
Dems To Bring Back Judiciary Accountability Bill
In the coming weeks, Democrats in the House and Senate will be reintroducing a bill that they say will better protect the approximately 30,000 federal judiciary employees from discrimination and sexual harassment, two lawmakers said on Monday.
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September 09, 2024
Owner Of Mass., NH Eateries Cops To $2M Tax Fraud
The owner of three restaurants in Massachusetts and New Hampshire has pled guilty to failing to pay approximately $2 million in employment and state and local meals taxes over a six-year period, the U.S. attorney's office in Massachusetts announced Monday.
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September 09, 2024
Colo. Justices Rule Amazon's Holiday Pay Must Be In OT Math
Amazon's holiday incentive pay is the type of compensation Colorado wage law requires to be included in overtime calculations, the state Supreme Court ruled Monday, agreeing with warehouse workers that the incentive pay needed to be included in their regular rate when calculating overtime.
Expert Analysis
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6th Circ. Bias Ruling Shows Job Evaluations Are Key Defense
In Wehrly v. Allstate, the Sixth Circuit recently declined to revive a terminated employee’s federal and state religious discrimination and retaliation claims, illustrating that an employer’s strongest defense in such cases is a documented employment evaluation history that justifies an adverse action, says Michael Luchsinger at Segal Mccambridge.
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How Cos. Can Protect IP In Light Of FTC Noncompete Rule
While several groups are challenging the Federal Trade Commission’s recently approved rule banning noncompetition agreements, employers should begin planning other ways to protect their valuable trade secrets, confidential information and other intellectual property, says Thomas Duston at Marshall Gerstein.
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Navigating Harassment Complaints From Trans Employees
The Eleventh Circuit's recent decision in Copeland v. Georgia Department of Corrections, concerning the harassment of a transgender employee, should serve as a cautionary tale for employers, but there are steps that companies can take to create a more inclusive workplace and mitigate the risks of claims from transgender and nonbinary employees, say Patricia Konopka and Ann Thomas at Stinson.
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Don't Use The Same Template For Every Client Alert
As the old marketing adage goes, consistency is key, but law firm style guides need consistency that contemplates variety when it comes to client alert formats, allowing attorneys to tailor alerts to best fit the audience and subject matter, says Jessica Kaplan at Legally Penned.
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What To Expect From The DOL's Final Overtime Rule
The U.S. Department of Labor's final overtime rule dramatically increases the salary threshold for white collar workers to be exempt from overtime under the Fair Labor Standards Act, so employers should prioritize identifying the potentially affected positions and strategically consider next steps, say Leslie Selig Byrd and Deryck Van Alstyne at Bracewell.
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Data Shows H-2B Wages May Be Skewed High By Sample Size
Occupational Wage and Employment Statistics wage data from April illustrates that smaller sample sizes from less populated areas may be skewing prevailing wages for H-2B visas artificially high, potentially harming businesses that rely on the visa program, says Stephen Bronars at Edgeworth Economics.
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Series
Walking With My Dog Makes Me A Better Lawyer
Thanks to my dog Birdie, I've learned that carving out an activity different from the practice of law — like daily outdoor walks that allow you to interact with new people — can contribute to professional success by boosting creativity and mental acuity, as well as expanding your social network, says Sarah Petrie at the Massachusetts Attorney General’s Office.
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Employer Considerations Before Title IX Rule Goes Into Effect
While the U.S. Department of Education's final rule on Title IX is currently published as an unofficial version, institutions and counsel should take immediate action to ensure they are prepared for the new requirements, including protections for LGBTQ+ and pregnant students and employees, before it takes effect in August, say Jeffrey Weimer and Cori Smith at Reed Smith.
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Think Like A Lawyer: Follow The Iron Rule Of Trial Logic
Many diligent and eager attorneys include every good fact, point and rule in their trial narratives — spurred by the gnawing fear they’ll be second-guessed for leaving something out — but this approach ignores a fundamental principle of successful trial lawyering, says Luke Andrews at Poole Huffman.
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The Art Of Asking: Leveraging Your Contacts For Referrals
Though attorneys may hesitate to ask for referral recommendations to generate new business, research shows that people want to help others they know, like and trust, so consider who in your network you should approach and how to make the ask, says Rebecca Hnatowski at Edwards Advisory.
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Compliance Strategies To Mitigate 3 New Areas Of AI Risk
The era of artificial intelligence-assisted corporate crime is here, but several concrete mitigation strategies can allow companies to address the new, rapidly evolving threats posed by deepfakes, information barrier evasion and AI model manipulation, say attorneys at Debevoise.
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Refresher On Employee Qualifications For Summer Interns
Before companies welcome interns to their ranks this summer, they should consider the extent to which the interns may be entitled to the same legal protections as employees, including the right to be paid for their hours worked and to receive at least minimum wage and overtime, says Kate LaQuay at Munck Wilson.
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Opinion
The FTC's Noncompete Rule Is Likely Dead On Arrival
The Federal Trade Commission's April 23 noncompete ban ignores the consequences to the employees it claims to help — but the rule is unlikely to go into effect provided the ideological makeup of the U.S. Supreme Court remains the same, say Erik Weibust and Stuart Gerson at Epstein Becker.
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McKesson May Change How AKS-Based FCA Claims Are Pled
The Second Circuit’s analysis in U.S. v. McKesson, an Anti-Kickback Statute-based False Claims Act case, provides guidance for both relators and defendants parsing scienter-related allegations, say Li Yu at Dicello Levitt, Ellen London at London & Stout, and Erica Hitchings at Whistleblower Law.
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5 Employer Actions Now Risky After Justices' Title VII Ruling
Last week in Muldrow v. St. Louis, the U.S. Supreme Court ruled that harm didn't have to be significant to be considered discriminatory under Title VII of the Civil Rights Act, making five common employer actions vulnerable to litigation, say Kellee Kruse and Briana Scholar at The Employment Law Group.