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Employment
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November 01, 2024
College Athletes' Attorney Rebuffs NIL Settlement Critics
A key architect of the landmark antitrust settlement forcing the National Collegiate Athletic Association to pay over $2.7 billion and set up a revenue-sharing system for athletes defended the deal against a slew of objectors Friday, explaining that the arrangement delivers a windfall for the athletes as quickly as possible.
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November 01, 2024
Teamsters Sue Pepsico Over Chicago Warehouse Closing
A Teamsters local has sued Pepsico on behalf of nearly 80 members it claims were laid off without proper notice when the soft drink giant abruptly announced it was closing a warehouse on Chicago's South Side.
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November 01, 2024
Up Next At High Court: Fed Funds And Securities Risks
The U.S. Supreme Court will return to the bench Monday for its November arguments session, which will start off with a debate over whether the Federal Communications Commission telecom subsidy program involves federal funds subject to the False Claims Act, and on Tuesday how Medicare funding should be calculated for hospitals that serve large numbers of low-income patients.
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November 01, 2024
UK Litigation Roundup: Here's What You Missed In London
This past week in London has seen two industry magnates take on the Gambling Commission, Ordinance Survey hit with a claim from a Swiss GPS maker, and China's largest oil company PetroChina face a claim from a Polish documentary maker. Here, Law360 looks at these and other new claims in the U.K.
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November 01, 2024
SC Hospital Settles Ex-Worker's Wage, Retaliation Suit
A South Carolina hospital reached a $15,000 deal with a former employee alleging she was forced to work through unpaid meal breaks and then fired shortly after filing a lawsuit, according to a joint settlement motion filed in federal court.
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November 01, 2024
Hotel Booking Service, Ex-Worker Settle Promotion Bias Suit
A corporate hotel booking service agreed to settle a former national sales manager's lawsuit claiming she received poor performance reviews because she took maternity leave and was fired for complaining about being passed over for promotions, the company told a Colorado federal court.
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November 01, 2024
Military Escapes Bias Claims Targeting IVF Coverage Policy
A New York federal judge tossed the crux of a feminist nonprofit group's suit claiming the U.S. Department of Defense's in vitro fertilization policy disadvantages women by limiting coverage to service members who can't get pregnant because of an on-the-job injury, finding the policy applies equally across genders.
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November 01, 2024
Ex-Worker Says Molson Coors Canned Him For FMLA Leave
A Georgia man has hit Molson Coors Beverage Co. USA LLC with a lawsuit claiming he was fired after returning from an approved medical leave because he didn't call the company to let it know he wouldn't be at work the day of his scheduled surgery.
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November 01, 2024
Denver Gas Co. Settles Misclassifcation, Overtime Suit
A Denver-based oil and gas producer reached a confidential settlement with the geologist who claimed in a proposed collective action that the company owed workers overtime after misclassifying them as independent contractors.
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November 01, 2024
Ex-Gas Co. Worker Seeks Justices Review On 'Honest Belief'
A former mechanic for a Baltimore gas company has asked the U.S. Supreme Court to review a Fourth Circuit decision that found it was not discriminatory for his ex-employer to fire him over an issue with time off under the Family and Medical Leave Act because the company believed he took the leave dishonestly.
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October 31, 2024
3rd Circ. Preview: Boy Scouts' Ch. 11 Plan Row Tops Nov.
The future of the Boy Scouts of America's Chapter 11 bankruptcy plan is set to be determined by the Third Circuit this month, with the court poised to consider whether recent U.S. Supreme Court precedent on bankruptcies and settlements allows the reopening of the plan.
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October 31, 2024
Ex-Aide Accuses Menendez Associate Of Sex Harassment
The former personal assistant to a New Jersey businessman convicted along with former Sen. Robert Menendez in a federal bribery case alleged in New Jersey state court that she was forced into a sexual relationship with the businessman to keep her job in violation of the New Jersey Law Against Discrimination and was subjected to threats.
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October 31, 2024
Ex-Citadel Reps Can't Escape Trade Secrets Suit
A New York federal judge has greenlighted most claims in Citadel Securities' lawsuit accusing a Swiss cryptocurrency trading firm founded by two of its former employees of stealing its trade secrets, while tossing those asserted against the firm's French angel investor for lack of jurisdiction.
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October 31, 2024
Tribal Nonprofit Says Employees Divulged Trade Secrets
A Native American nonprofit is suing an Oregon environmental consulting firm, alleging that its founder and chief executive officer divulged the trade secrets information of tribes and others and made false accusations to donors that it was mismanaging funds.
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October 31, 2024
Masimo Sues Ex-CEO Over 'Unprecedented' $450M Demand
Masimo Corp. has sued its founder in Delaware Chancery Court, seeking a declaration that a $450 million payout triggered in part by the founder's loss of control or his ouster as CEO and chairman is unenforceable, saying the amount is "unprecedented" and shouldn't be paid by shareholders who were simply exercising their voting rights.
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October 31, 2024
Judge Says White Worker's Seattle DEI Suit Lacks 'Specifics'
A Washington federal judge hinted Thursday a former municipal employee's suit claiming Seattle's workplace diversity training discriminated against him as a white man might not have enough detail to survive, as the city's attorneys accused the plaintiff of trying to dismantle its racial justice initiative.
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October 31, 2024
Ga. Panel Reopens Ex-Honeycomb Manager's Benefits Case
The Georgia Court of Appeals said the state's Department of Labor will have to determine whether a former Savannah Bee Co. honeycomb manager is entitled to unemployment benefits, finding the department and the superior court that affirmed its decision wrongly found her benefits denial appeal untimely.
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October 31, 2024
DOL Blocked From Using In-House Court In Hiring Bias Spat
A Texas federal judge temporarily blocked the U.S. Department of Labor from using its internal judge system to pursue administrative proceedings against a government contractor for allegedly discriminatory hiring practices, citing a recent U.S. Supreme Court decision that placed limitations on these in-house procedures.
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October 31, 2024
2nd Circ. Backs GE's Win In Ex-Exec's Benefits Denial Suit
The Second Circuit affirmed the dismissal Thursday of a former General Electric executive's suit claiming the company should have awarded her pension and stock benefits when it moved her into an independent contractor role, ruling that her claims were filed too late.
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October 31, 2024
CBS Escapes Ex-Employee's Vaccine Bias Suit
CBSViacom/Paramount beat a former employee's lawsuit claiming she was fired because she requested a medical exemption to the company's COVID-19 vaccination policy, with a New York federal judge ruling she failed to fix errors previously identified by the court.
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October 31, 2024
Everglades Scientist's Contempt Upheld Over Data Theft
A Florida state appellate panel upheld indirect criminal contempt against an Everglades scientist after a lower court found he violated an order to return data he allegedly took upon resigning from his previous nonprofit job following a falling out with the CEO and went to work for a rival organization.
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October 31, 2024
Ex-Salesman Says CommScope's Bonus System Cut His Pay
Broadband company CommScope Technologies is facing a proposed class action alleging that its system for tracking commissions is flawed to the point that it does not accurately reflect the full incentive bonuses its employees have actually earned and that the company has knowingly let the problem persist.
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October 31, 2024
NFL, Broncos Say Player's THC Suit Belongs In Federal Court
The National Football League and the Denver Broncos are urging a Colorado federal court to keep in federal court a linebacker's suit alleging they discriminated against him by fining him for using medically prescribed synthetic THC, saying amending his complaint to remove references to his contract is not enough to warrant removal.
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October 31, 2024
Ex-Prez Who Stole Secrets Must Be Stopped, Company Says
A Colorado company that makes environmental control technology for aircraft is asking a federal judge to enjoin its former president and other ex-employees from developing a competing product, arguing that it has already lost at least one customer worth "several million dollars" to the alleged trade secret theft.
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October 31, 2024
Combs 'Grasping At Straws' In Leak & Gag Motions, Feds Say
Manhattan federal prosecutors rejected Sean "Diddy" Combs' arguments that his sexual assault accusers should be forbidden from speaking out and that the government had leaked grand jury secrets, saying his motions lack evidence or any proper legal basis.
Expert Analysis
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Perspectives
Pop Culture Docket: Justice Lebovits On Gilbert And Sullivan
Characters in the 19th century comic operas of Gilbert and Sullivan break the rules of good lawyering by shamelessly throwing responsible critical thought to the wind, providing hilarious lessons for lawyers and judges on how to avoid a surfeit of traps and tribulations, say acting New York Supreme Court Justice Gerald Lebovits and law student Tara Scown.
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Mitigating Construction Employers' Risks Of Discrimination
Recent heightened government scrutiny of construction industry employment practices illustrates the need for nondiscriminatory recruitment and proactive assessment of workforces and worksites, including auditing for demographic disparities and taking documented steps to address such issues, say attorneys at Seyfarth.
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Earned Wage Access Laws Form A Prickly Policy Patchwork
Conflicting earned wage access laws across the country, including the Consumer Financial Protection Bureau's recently issued rule, mean providers must adopt a proactive compliance approach and adjust business models where needed, say attorneys at Sheppard Mullin.
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HSR Amendments Intensify Merger Filing Burdens, Data Risk
The antitrust agencies' long-awaited changes to premerger notification rules under the Hart-Scott-Rodino Act stand to significantly increase the time and cost involved in preparing an initial HSR notification, and will require more proactive attention to data issues, says Andrew Szwez at FTI Technology.
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Fla. Ruling May Undermine FCA Whistleblowers' Authority
A Florida federal court's decision in Zafirov v. Florida Medical Associates last month will deprive relators of their ability to bring suits under the False Claims Act, limiting their capability to expose and rectify wrongdoings and potentially affecting billions in FCA recoveries, say Matthew Nielsen and Lily Johnson at Bracewell.
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State Of The States' AI Legal Ethics Landscape
Over the past year, several state bar associations, as well as the American Bar Association, have released guidance on the ethical use of artificial intelligence in legal practice, all of which share overarching themes and some nuanced differences, say Eric Pacifici and Kevin Henderson at SMB Law Group.
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Cos. Should Focus On State AI Laws Despite New DOL Site
Because a new U.S. Department of Labor-sponsored website about the disability discrimination risks of AI hiring tools mostly echoes old guidance, employers should focus on complying with the state and local AI workplace laws springing up where Congress and federal regulators have yet to act, say attorneys at Littler.
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8 Childhood Lessons That Can Help You Be A Better Attorney
A new school year is underway, marking a fitting time for attorneys to reflect on some fundamental life lessons from early childhood that offer a framework for problems that no legal textbook can solve, say Chris Gismondi and Chris Campbell at DLA Piper.
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Navigating Complex Regulatory Terrain Amid State AG Races
This year's 10 attorney general elections could usher in a wave of new enforcement priorities and regulatory uncertainty, but companies can stay ahead of the shifts by building strong relationships with AG offices, participating in industry coalitions and more, say Ketan Bhirud and Dustin McDaniel at Cozen O’Connor.
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How A Trump Win Might Affect The H-1B Program
A review of the Trump administration's attempted overhaul of the H-1B nonimmigrant visa program suggests policies Donald Trump might try to implement if he is reelected, and specific steps employers should consider to prepare for that possibility, says Eileen Lohmann at BAL.
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Compliance Considerations For Calif. Child Labor Audit Law
California employers will need to conduct a fact-intensive analysis to determine whether a new state law that imposes transparency rules for child labor audits applies to their operations, and should look out for regulatory guidance that answers open questions about deadlines and penalties, says Sylvia St. Clair at Faegre Drinker.
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Opinion
This Election, We Need To Talk About Court Process
In recent decades, the U.S. Supreme Court has markedly transformed judicial processes — from summary judgment standards to notice pleadings — which has, in turn, affected individuals’ substantive rights, and we need to consider how the upcoming presidential election may continue this pattern, says Reuben Guttman at Guttman Buschner.
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Illinois May Be Gearing Up To Ban E-Verify
Recently passed amendments to the Illinois Right to Privacy in the Workplace Act appear to effectively ban the use of E-Verify in the state, but ambiguity means employers will have to weigh the risks of continued use while also taking note of other work authorization requirements imposed by the updates, say Julie Ratliff and Elizabeth Wellhausen at Taft.
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Series
Playing Diplomacy Makes Us Better Lawyers
Similar to the practice of law, the rules of Diplomacy — a strategic board game set in pre-World War I Europe — are neither concise nor without ambiguity, and weekly gameplay with our colleagues has revealed the game's practical applications to our work as attorneys, say Jason Osborn and Ben Bevilacqua at Winston & Strawn.
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5th Circ. Shows Admin Rules Can Survive Court Post-Chevron
The Fifth Circuit's textual analysis of the Fair Labor Standards Act, contributing to its recent affirming of the U.S. Department of Labor’s authority to set an overtime exemption salary threshold, suggests administrative laws can survive post-Chevron challenges, say Jessi Thaller-Moran and Erin Barker at Brooks Pierce.