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Employment
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November 19, 2024
GMU Asks Court To Toss Ex-Prof's Suit Over Title IX Probe
George Mason University asked a court to throw out the remainder of former professor Joshua Wright's lawsuit over its investigation of a Title IX retaliation claim against him related to allegations of sexual misconduct, saying Monday that the school had already dismissed the claim by the time he filed his amended complaint.
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November 19, 2024
Meat Buyer For BJ's Wholesale Says Co. Pushed Him Out
A former BJ's Wholesale Club Inc. meat buyer who oversaw more than $12 billion in annual sales of beef and lamb for the Massachusetts-based company says he was fired after the retailer refused to accommodate his need to care for his ailing wife, according to a complaint filed on Monday in state court.
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November 19, 2024
Detroit Casino Must Face Narrowed COVID Vax Bias Suit
A Michigan federal judge refused to toss a religious bias suit from a worker who said the MGM Grand Detroit fired him for refusing to get a COVID-19 vaccination, ruling a jury should decide whether the casino could have accommodated his beliefs by letting him skip the jab.
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November 19, 2024
FDIC's Gruenberg To Exit On Eve Of Trump's Inauguration
The Federal Deposit Insurance Corp.'s embattled chairman, Martin Gruenberg, said Tuesday that he will step down and retire from the agency before President-elect Donald Trump takes office, clearing the way for a new, likely Republican leader at the deposit insurer.
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November 19, 2024
Ohio Gov. Orders Immediate NIL Pay Until NCAA Deal Is Final
Ohio Gov. Mike DeWine has signed an executive order directing colleges in his state to immediately begin compensating student-athletes when their names, images or likenesses are used, saying it is needed as athletes await final approval of the settlement in massive NCAA litigation over NIL use.
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November 19, 2024
Law Firm Wants Out Of Ex-Paralegal's OT, Disability Suit
An Allentown, Pennsylvania, law firm is asking a federal judge to dismiss a former paralegal's claim that the firm fired her due to her panic disorder, arguing that among other things, the paralegal failed to prove she has a legitimate disability recognized by law.
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November 19, 2024
5th Circ. Can't Weigh In On Decertification Bid, La. Court Rules
Sending a nurses' wage suit to the Fifth Circuit for a decision on decertifying a collective in a post-Swales world wouldn't speed up the case, a Louisiana federal judge ruled in turning down a hospital operator's interlocutory appeal bid.
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November 18, 2024
Diddy Calls DOJ's Possession Of His Notes 'Outrageous'
Sean "Diddy" Combs said Monday that federal prosecutors are in possession of privileged attorney-client materials, including his own written notes, which they're "actively" using to detain him ahead of his trial, a move the hip-hop mogul called "outrageous government conduct."
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November 18, 2024
Plaintiffs Dispute Ruling Applying BIPA Change To Past Cases
Workers suing over the allegedly unlawful collection of their fingerprints are urging an Illinois federal court to reject a recent ruling that a legislative amendment limiting damages under the state's Biometric Information Privacy Act applies to previously filed disputes, arguing that several state courts have reached the opposite conclusion.
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November 18, 2024
Fringe Benefits Co.'s Ex-Atty Can't 'Abandon' Them, DOL Says
The U.S. Department of Labor on Monday urged a Maryland federal court not to let a fringe benefits company's former attorney "abandon" the company ahead of a civil contempt hearing over $3.8 million in unpaid mismanaged funds meant for government contractor employees' benefits, citing potentially "severe" consequences for the company.
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November 18, 2024
Pol Says Ex-Staffer 'Indicated' Link To Chandra Levy's Killing
A California state senator accused by her former chief of staff of sexual harassment fired back with a countersuit alleging he stole $50,000 from her campaign, abused drugs and "indicated" to her that he is responsible for the notorious unsolved homicide of Chandra Levy.
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November 18, 2024
AECOM Calls FCA Suit Alleging False Army Billing 'Meritless'
AECOM has pushed to end a False Claims Act suit alleging that it falsely billed the U.S. Army on a $1.9 billion support deal, saying the whistleblower who filed the suit hadn't shown that his remaining allegations were material to the government.
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November 18, 2024
Worker Urges High Court To Fix Rift In Axed Age Bias Suit
A former Halliburton employee asked the U.S. Supreme Court on Monday to overturn a Tenth Circuit order shuttering his age bias suit after finding he couldn't challenge an arbitration award because the case was voluntarily dismissed, arguing the ruling creates a "twilight zone" in the law.
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November 18, 2024
BCBS Wants New Trial After Worker's $12M Vax Suit Win
Blue Cross Blue Shield of Michigan has urged a federal judge to expunge a $12.69 million jury award won by a former employee who claimed she was unlawfully fired because her religious beliefs forbade her from getting a COVID-19 vaccination, saying her evidence of discrimination wasn't up to snuff.
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November 18, 2024
NLRB Ruling Nixes Conn. Employee Meeting Law, Judge Told
A business advocacy group said a National Labor Relations Board decision that removed decadeslong protections for employers who share their unionization views during mandatory workplace meetings should spell the end of a broader Connecticut statute that protects employees from being forced to hear political and religious messages.
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November 18, 2024
Judge Surprised Circle K Fired Clerk Who Touched Robber
A Tenth Circuit judge appeared stunned Monday that Circle K dismissed an elderly convenience store clerk after its management concluded the worker violated company policy when she physically confronted an armed robber.
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November 18, 2024
49ers Data Breach Class Tries Again For Settlement OK
The San Francisco 49ers will pay $610,000 to nearly 21,000 individuals whose personal information was compromised during a data breach in 2022, according to a new motion seeking preliminary approval filed in California federal court on Friday, more than a year after U.S. District Judge James Donato rejected their initial deal.
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November 18, 2024
$100M Deal In Suit Over Walgreens Rx Prices Gets First OK
An Illinois federal judge gave an initial blessing Monday to a $100 million deal resolving claims from consumers and unions that Walgreens unlawfully overcharged insured consumers for prescription drugs while allowing members of its cost savings club to pay less.
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November 18, 2024
5th Circ. Eyes Procedure In 1st NLRB Constitutionality Cases
The Fifth Circuit appears poised to punt — for now — on the issue of the National Labor Relations Board's constitutionality after a panel questioned on Monday whether SpaceX and Amazon have valid challenges to "effective" denials of their efforts to thwart prosecution for alleged labor violations.
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November 18, 2024
General Mills Plant 'Haunted' By Racist Past, Workers Say
A group of Georgia General Mills plant workers who said their workplace was run by a clique of neo-Confederate racists fought back Monday against the company's bid to toss the suit, arguing the plant remains "haunted" by a legacy of white supremacist leadership.
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November 18, 2024
BlackBerry Faces Uphill Fight To Nix Harassment Claims
A California federal magistrate judge expressed doubts Monday about BlackBerry's latest bid to toss claims that its current CEO sexually harassed a former executive before he took the top job, saying she's unsure if she can decide at the pleading stage what constitutes "objectively severe" discrimination.
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November 18, 2024
Trump Co. Seeks Coverage Of Wage Theft, Discrimination Suit
The Trump Corp. asked a New York federal court to force an insurer to defend it in a more than $500,000 wage theft and age discrimination dispute brought by a former employee of a company-managed luxury condo in Manhattan.
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November 18, 2024
Ex-UPS Driver's $238M Race Bias Verdict Slashed To $40M
A Washington federal judge reduced a $237.6 million jury verdict in a Black former UPS driver's lawsuit claiming he was treated differently than his white colleagues and fired for speaking up, ruling the worker hadn't provided enough evidence to support jurors' $198 million punitive damages award.
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November 18, 2024
Amazon Worker Can't Add Retaliation Claim To December Trial
A federal judge in Washington state has rejected a worker's eleventh-hour bid to amend his lawsuit accusing Amazon of passing him up for a promotion after he took protected military leave, saying the operations manager cannot "ambush" the e-commerce giant with fresh retaliation allegations just weeks before a trial in December.
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November 18, 2024
Colo. Justices Should Plug Damages Cap 'Loophole,' Co. Says
A construction company has urged Colorado's justices to find that a subcontractor's claim over a workplace fall is subject to a $15,000 damages cap, arguing in a petition that the sole proprietor opted out of workers' compensation benefits and can't make a "loophole" to sue for millions.
Expert Analysis
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How Attorneys Can Break Free From Career Enmeshment
Ambitious attorneys can sometimes experience career enmeshment — when your sense of self-worth becomes unhealthily tangled up in your legal vocation — but taking the time to discover and realign with your core personal values can help you recover your identity, says Janna Koretz at Azimuth Psychological.
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11th Circ. Ruling Offers Refresher On 'Sex-Plus' Bias Claims
While the Eleventh Circuit’s recent ruling in McCreight v. AuburnBank dismissed former employees’ sex-plus-age discrimination claims, the opinion reminds employers to ensure that workplace policies and practices do not treat a subgroup of employees of one sex differently than the same subgroup of another sex, say attorneys at Bradley Arant.
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Lawyers With Disabilities Are Seeking Equity, Not Pity
Attorneys living with disabilities face extra challenges — including the need for special accommodations, the fear of stigmatization and the risk of being tokenized — but if given equitable opportunities, they can still rise to the top of their field, says Kate Reder Sheikh, a former attorney and legal recruiter at Major Lindsey & Africa.
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8 Phrases Employers May Hear This Election Season
From sentiments about the First Amendment to questions about political paraphernalia, attorneys at Venable discuss several scenarios related to politics and voting that may arise in the workplace as election season comes to a head, and share guidance for handling each.
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Employer Lessons From Mass. 'Bonus Not Wages' Ruling
In Nunez v. Syncsort, a Massachusetts state appeals court recently held that a terminated employee’s retention bonus did not count as wages under the state’s Wage Act, illustrating the nuanced ways “wages” are defined by state statutes and courts, say attorneys at Segal McCambridge.
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Opinion
Judicial Committee Best Venue For Litigation Funding Rules
The Advisory Committee on Civil Rules' recent decision to consider developing a rule for litigation funding disclosure is a welcome development, ensuring that the result will be the product of a thorough, inclusive and deliberative process that appropriately balances all interests, says Stewart Ackerly at Statera Capital.
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Employment Verification Poses Unique Risks For Staffing Cos.
All employers face employee verification issues, but a survey of recent settlements with the U.S. Department of Justice's Immigrant and Employee Rights Section suggests that staffing companies' unique circumstances raise the chances they will be investigated and face substantial fines, says Eileen Scofield at Alston & Bird.
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The Strategic Advantages Of Appointing A Law Firm CEO
The impact on law firms of the recent CrowdStrike outage underscores that the business of law is no longer merely about providing supplemental support for legal practice — and helps explain why some law firms are appointing dedicated, full-time CEOs to navigate the challenges of the modern legal landscape, says Jennifer Johnson at Calibrate Strategies.
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Series
After Chevron: The Future Of OSHA Enforcement Litigation
The U.S. Supreme Court's opinion in Loper Bright provides a blueprint for overruling the judicial obligation to defer to an agency's interpretation of its own regulations established by Auer, an outcome that would profoundly change the Occupational Safety and Health Administration’s litigation and rulemaking landscape, say attorneys at Ogletree.
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Inside FTC's Decision To Exit Key Merger Review Labor Memo
Despite the Federal Trade Commission's recent withdrawal from a multiagency memorandum of understanding to step up enforcement of labor issues in merger investigations, the antitrust agencies aren't likely to give up their labor market focus, say attorneys at Stinson.
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Insights From Calif. Public Labor Board's Strike Rights Ruling
The California Public Employment Relations Board's recent rejection of a school district's claim that public employees have no right to conduct unfair labor practice strikes signals its interest in fortifying this central labor right — and warns employers to approach potentially protected behavior with caution, say attorneys at Atkinson Andelson.
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7 Tips To Help Your Witness Be A Cross-Exam Heavyweight
Because jurors tend to pay a little more attention to cross-examination, attorneys should train their witnesses to strike a balance — making it tough for opposing counsel to make their side’s case, without coming across as difficult to the jury, says Ken Broda-Bahm at Persuasion Strategies.
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Series
Beekeeping Makes Me A Better Lawyer
The practice of patent law and beekeeping are not typically associated, but taking care of honeybees has enriched my legal practice by highlighting the importance of hands-on experience, continuous learning, mentorship and more, says David Longo at Oblon McClelland.
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Navigating The Last Leg Of The Worker Retention Tax Credit
Whether a business has applied for the pandemic-era employee retention tax credit, received a denial letter or is still considering making a claim before the April 15 deadline, it should examine recent developments significantly affecting the program before planning next steps, say attorneys at Nixon Peabody.
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Amazon Holiday Pay Case Underscores Overtime Challenges
The recent Hamilton v. Amazon.com Services LLC decision in the Colorado Supreme Court underscores why employers must always consult applicable state law and regulations — in addition to federal law — when determining how to properly pay employees who work more than 40 hours in a workweek, says James Looby at Vedder Price.