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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' Cap. 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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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.
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Insurance Considerations For Cos. That May Face Strikes
The recent surge in major work stoppages in the U.S. highlights the growing importance of strike preparedness for businesses, which includes understanding strike insurance coverage options, say Chris D’Amour and Brooke Duncan at Adams and Reese.
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Opinion
It's Time To Sound The Alarm About Lost Labor Rights
In the Fifth Circuit, recent rulings from judges appointed by former President Donald Trump have dismantled workers’ core labor rights, a troubling trend that we cannot risk extending under another Trump administration, say Sharon Block and Raj Nayak at the Center for Labor and a Just Economy.
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What To Know About New Employment Laws In Fla.
Florida employers should familiarize themselves with recent state laws, and also federal legislation, on retirement benefits, teen labor and heat exposure, with special attention to prohibitions against minors performing dangerous tasks, as outlined in the Fair Labor Standards Act, say Katie Molloy and Cayla Page at Greenberg Traurig.
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Election Unlikely To Overhaul Antitrust Enforcers' Labor Focus
Although the outcome of the presidential election may alter the course of antitrust enforcement in certain areas of the economy, scrutiny of labor markets by the Federal Trade Commission and the U.S. Department of Justice is likely to remain largely unaffected — with one notable exception, say Jared Nagley and Joy Siu at Sheppard Mullin.
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How Immigration Attys Should Prep For A 2nd Trump Term
In light of the possibility of a drastic policy shift under a second Trump administration, immigration lawyers must review what Trump did during his first term, assess who would be most affected if those policies return and develop legal strategies to safeguard their clients' interests, says Adam Moses at Harris Beach.