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Employment
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November 19, 2024
EEOC Says SkyWest Left Harassment Questions 'Unasked'
The Equal Employment Opportunity Commission told jurors Tuesday to "look at the questions" SkyWest Airlines didn't ask when an employee told the company she was experiencing persistent sexual harassment and that the company should've responded sooner.
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November 19, 2024
CSX Can't Escape FMLA Suit Over Attendance Policies
CSX Transportation can't beat a proposed class action alleging certain attendance and pay policies unlawfully penalize engineers, conductors and switchmen who take medical leave, an Ohio federal judge ruled, saying a jury should sort out how comparable other types of absences are.
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November 19, 2024
Graham Capital Sues To Stop Ex-Exec's Return To Competitor
Graham Capital Management LP, a Connecticut investment firm with more than $19 billion in assets under management, is asking a Connecticut state trial court judge to block a former managing director from working in California for a competitor that previously employed him in Connecticut for 11 years.
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November 19, 2024
Ill. Makes $1.8M Staffing Antitrust Deal After High Court Input
Illinois Attorney General Kwame Raoul on Tuesday announced a $1.8 million settlement with one of three staffing agencies the state accused of unlawfully agreeing not to poach each other's employees and to offer below-market wages to those assigned to work for a client they shared.
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November 19, 2024
DC Sues Wage Advance Co. For 'Predatory Lending'
Pay advance app EarnIn deceptively lures in cash-strapped borrowers with promises of providing payday advances with no mandatory fees but ultimately causes users to incur interest rates that can exceed 300%, the Washington, D.C., attorney general said in a lawsuit filed Tuesday.
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November 19, 2024
After Biden-Era Rebuild, EPA Staff Brace For Trump Term 2
Many U.S. Environmental Protection Agency employees are gearing up for President-elect Donald Trump's second term with a promise to fight any efforts to dramatically reduce staffing levels and pointing to new union contract protections to bolster claims that they're prepared.
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November 19, 2024
Black Ex-VP Says UPS Gave Her Job To Less-Qualified Worker
United Parcel Service had a Black vice president show a less-qualified white co-worker the ropes, then handed the vice president role to the white worker and told the more seasoned employee she was no longer needed, according to a new lawsuit filed in Georgia federal court.
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November 19, 2024
Chicago Transit Authority Hit With Genetic Privacy Lawsuit
The Chicago Transit Authority is facing a new lawsuit in Illinois state court that was brought by job applicants, who allege the agency's questions about family medical histories violated an Illinois law barring employers from asking about genetic information and using it to make employment decisions.
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November 19, 2024
Conn. Firm CEO's Wife Dropped From Ex-Partner's Suit
Connecticut lawyer Andrew P. Garza on Tuesday dropped attorney Allison M. McKeen, the wife of his former 50-50 law firm partner Ryan C. McKeen, from a lawsuit surrounding the breakup of Connecticut Trial Firm LLC, a high-dollar firm where all three once worked together.
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November 19, 2024
Feds Ordered To Delete Combs Notes From Raid, For Now
A Manhattan federal judge directed prosecutors Tuesday to temporarily delete potentially privileged notes recovered from the jail cell of Sean "Diddy" Combs pending briefing, after lawyers for the hip-hop mogul called the seizure "outrageous."
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November 19, 2024
Flooring Co. Asks 11th Circ. To Back 'Inebriated' CEO's Ouster
Flooring manufacturer Interface Inc. told the Eleventh Circuit Tuesday it stands by its decision to fire its CEO after he allegedly got drunk and berated a subordinate at a company function, urging a three-judge panel to affirm a summary judgment ruling that put an end to the former executive's $100 million suit.
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November 19, 2024
US Chamber, Biz Groups Back Halt Of Ill. Temp Worker Law
The U.S. Chamber of Commerce and other organizations backed a bid by a group of staffing associations and agencies to block enforcement of an Illinois law mandating benefits for long-term temporary workers, saying the amended law still distorts the Employee Retirement Income Security Act.
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November 19, 2024
SAG-AFTRA Says Producer Owes $163K Over Romania Shoot
A production company owes money to the actors on a 2019 action film because it violated a labor agreement by shooting scenes in Romania, SAG-AFTRA told a California federal court, seeking enforcement of an arbitration award in the union's favor.
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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.
Expert Analysis
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Politics In California Workplaces: What Employers Must Know
As the election looms, it is critical that California employers ensure their compliance with state laws providing robust protections for employees' political activity — including antidiscrimination laws, off-duty conduct laws, employee voting leave laws and more, say Bradford Kelley and Britney Torres at Littler.
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Conn. Court Split May Lead To Vertical Forum Shopping
As shown by a recent ruling in State v. Exxon Mobil, Connecticut state and federal courts are split on personal jurisdiction, and until the Connecticut Supreme Court steps in, parties may be incentivized to forum shop, causing foreign entities to endure costly litigation and uncertain liability, says Matthew Gibbons at Shipman & Goodwin.
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Mental Health First Aid: A Brief Primer For Attorneys
Amid a growing body of research finding that attorneys face higher rates of mental illness than the general population, firms should consider setting up mental health first aid training programs to help lawyers assess mental health challenges in their colleagues and intervene with compassion, say psychologists Shawn Healy and Tracey Meyers.
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Licensing And Protections For Voice Actors In The Age Of AI
While two recently enacted California laws and other recent state and federal legislation largely focus on protecting actors and musicians from the unauthorized use of their digital likenesses by generative artificial intelligence systems, the lesser-known community of professional voice actors also stands to benefit, says attorney Scott Mortman.
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How The Tide Of EEOC Litigation Rolled Back In FY 2024
An analysis of the location, timing and underlying claims asserted in U.S. Equal Employment Opportunity Commission-initiated cases during fiscal year 2024 shows that the commission saw a substantial decrease in litigation activity after a surge last year, but employers should not drop their guard, say Christopher DeGroff and Andrew Scroggins at Seyfarth.
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Series
Collecting Art Makes Me A Better Lawyer
The therapeutic aspects of appreciating and collecting art improve my legal practice by enhancing my observation skills, empathy, creativity and cultural awareness, says attorney Michael McCready.
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Using Primacy And Recency Effects In Opening Statements
By understanding and strategically employing the primacy and recency effects in opening statements, attorneys can significantly enhance their persuasive impact, ensuring that their narrative is both compelling and memorable from the outset, says Bill Kanasky at Courtroom Sciences.
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Secret Service Failures Offer Lessons For Private Sector GCs
The Secret Service’s problematic response to two assassination attempts against former President Donald Trump this summer provides a crash course for general counsel on how not to handle crisis communications, says Keith Nahigian at Nahigian Strategies.
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A Primer On Navigating The Conrad 30 Immigration Program
As the Conrad 30 program opens its annual window to help place immigrant physicians in medically underserved areas, employers and physicians engaged in the process must carefully understand the program's nuanced requirements, say Andrew Desposito and Greg Berk at Sheppard Mullin.
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How Cos. Can Protect Supply Chains During The Port Strike
With dock workers at ports along the East and Gulf Coasts launching a strike that will likely cause severe supply chain disruptions, there are several steps exporters and importers can take to protect their businesses and mitigate increased costs, say attorneys at Thompson Hine.
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Litigation Inspiration: Honoring Your Learned Profession
About 30,000 people who took the bar exam in July will learn they passed this fall, marking a fitting time for all attorneys to remember that they are members in a specialty club of learned professionals — and the more they can keep this in mind, the more benefits they will see, says Bennett Rawicki at Hilgers Graben.
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4 Ways To Prepare For DOD Cyber Certification Rule
Given the U.S. Department of Justice's increased scrutiny of contractor compliance with cybersecurity requirements, it is critical that contractors take certain steps now in response to the U.S. Department of Defense's proposed Cybersecurity Maturity Model Certification implementation rule, say Townsend Bourne and Lillia Damalouji at Sheppard Mullin.
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Opinion
AI May Limit Key Learning Opportunities For Young Attorneys
The thing that’s so powerful about artificial intelligence is also what’s most scary about it — its ability to detect patterns may curtail young attorneys’ chance to practice the lower-level work of managing cases, preventing them from ever honing the pattern recognition skills that undergird creative lawyering, says Sarah Murray at Trialcraft.
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Key Takeaways From DOJ's New Corp. Compliance Guidance
The U.S. Department of Justice’s updated guidance to federal prosecutors on evaluating corporate compliance programs addresses how entities manage new technology-related risks and expands on preexisting policies, providing key insights for companies about increasing regulatory expectations, say attorneys at Debevoise.
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The Key Changes In Revised FDIC Hiring Regulations
Attorneys at Ogletree break down the Federal Deposit Insurance Corp.'s new rule, effective Oct. 1, that will ease restrictions on financial institutions hiring employees with criminal histories, amend the FDIC's treatment of minor offenses and clarify its stance on expunged or dismissed criminal records.