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Employment
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September 18, 2024
Chicago Slams Airline Group's Suit Against Sick Leave Law
Chicago's recently enacted paid sick leave law doesn't clash with federal law because it doesn't affect airlines' prices or routes, the city said, urging an Illinois federal judge to toss a trade group's challenge to the ordinance.
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September 18, 2024
House Panel Members Question Legitimacy Of Axed Tip Rule
A U.S. House panel chair criticized Wednesday a tip credit rule that the Fifth Circuit recently vacated, calling it burdensome and out of touch.
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September 18, 2024
9th Circ. Breathes New Life Into Swimmers' Boycott Suit
The Ninth Circuit has revived a class action from the International Swimming League and a trio of competitive swimmers accusing the sport's global governing body of orchestrating a de facto boycott of the upstart league, overruling a district court that threw out the case.
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September 18, 2024
Car Dealership Strikes Deal To End EEOC Disability Bias Suit
A Maryland car dealership agreed to settle a U.S. Equal Employment Opportunity Commission lawsuit alleging it demoted and ultimately fired an employee because she suffered a traumatic brain injury in a motorcycle crash, according to a federal court order.
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September 18, 2024
Worker Drops Suit Alleging Retaliation For Discussing Wages
A former employee of a company that designs and manufactures radiation detection devices dropped his suit accusing the company of firing him in retaliation for discussing wages with his colleagues, according to a filing in Connecticut state court.
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September 18, 2024
DraftKings Fired Engineer After Leave Request, Suit Says
A former senior engineer for DraftKings Inc. says he was fired in retaliation for asking to take parental leave last year, according to a lawsuit filed in Massachusetts state court.
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September 17, 2024
DOJ Investigating Alaska US Atty's Office, Murkowski Says
Sen. Lisa Murkowski revealed Tuesday that the U.S. Department of Justice is investigating the U.S. attorney's office in Anchorage following the resignation of an Alaska federal judge who reportedly had an "inappropriately sexualized relationship" with a law clerk even after she joined the prosecutors' office.
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September 17, 2024
EV Maker Lucid Illegally Fired Union Backers, Judge Finds
An Arizona federal judge has granted a National Labor Relations Board official's petition for an injunction against electric vehicle manufacturer Lucid Motors, ordering the company to rehire two workers who were fired amid a United Auto Workers organizing campaign and to take other actions to remedy unfair labor practices.
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September 17, 2024
Ex-Topgolf Worker Drops Suit Over Racist Abuse
Topgolf has escaped an Illinois federal lawsuit from a Black former employee who accused the golf entertainment chain of doing nothing in response to his complaints that fellow employees were creating a hostile work environment.
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September 17, 2024
UAW Says Stellantis Reneging On Deal To Reopen Ill. Plant
Automaker Stellantis is failing to live up to a promise it made in its last contract with the United Auto Workers to reopen an idled plant in Illinois, the union said Monday.
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September 17, 2024
Ex-Worker Suing Over Bonuses Backed Axing Them, X Says
X Corp. urged a California federal court to reject a former director's bid to certify a class that could exceed 2,000 members in his suit accusing it of reneging on promised bonuses after Elon Musk took over, saying the former employee was the one who axed the bonuses in the first place.
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September 17, 2024
Another Texas Judge Halts NLRB Case Over Constitutionality
A Texas federal judge granted an injunction Monday to halt administrative proceedings at the National Labor Relations Board filed by a social services search engine, finding that the employer was likely to succeed on the merits of its argument that agency judges are unconstitutionally shielded from removal by the U.S. president.
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September 17, 2024
New Mexico School District Failed To Pay OT, Workers Say
Workers for a New Mexico school district sued a local board of education claiming they were stiffed on overtime pay every other week, according to a complaint filed Tuesday in New Mexico federal court.
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September 17, 2024
Regeneron Raps Suit Alleging A Firing Was For Medical Leave
Regeneron Pharmaceuticals urged a New York federal court to toss a former director's suit alleging she was terminated for using medical leave to care for her daughter and herself, saying her position was eliminated for financial reasons, and she hasn't proven any bias or retaliation.
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September 17, 2024
Ex-Manager of Dartmouth Student Paper Gets Prison For Theft
A Vermont woman was sentenced Monday to 15 months in prison for stealing over $223,000 from Dartmouth College's student newspaper, where she had worked for nearly a decade as office manager.
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September 17, 2024
Brooklyn Feds Unveil Whistleblower Nonprosecution Plan
The Brooklyn U.S. Attorney's Office on Tuesday announced an initiative to reward corporate whistleblowers with nonprosecution deals amid a broader effort by federal prosecutors to encourage voluntary disclosure of criminal activity.
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September 17, 2024
PAGA Claim On Unpaid Wages Dismissed In Joint Agreement
A computer technician and an IT Services Company have agreed to dismiss the remaining representative claim in an unpaid wages case that raised questions about the interplay between California's Private Attorneys General Act and arbitration.
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September 17, 2024
Contracting Rules Don't Bar Union Requirement, GAO Says
Government contractors can be mandated to enter into agreements with labor unions to qualify for deals, the U.S. Government Accountability Office ruled Monday in a company's protest of the requirement for a $6.6 billion deal.
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September 17, 2024
Clinic Settles EEOC Suit Over Vision-Impaired Worker's Firing
The U.S. Equal Employment Opportunity Commission said Tuesday that a Maryland medical clinic has agreed to pay $75,000 to end the agency's suit accusing it of firing a vision-impaired worker who asked to have special software installed on her computer.
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September 17, 2024
Marshall Dennehey Adds Boyd & Jenerette Workers Comp Pro
Marshall Dennehey is growing its workers compensation practice in Florida with the addition of a former Boyd & Jenerette PA partner.
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September 17, 2024
Cos. Risk Offside Call On Contractor Tax After HMRC Win
The U.K. Supreme Court's decision Monday that Premier League referees count as employees for tax purposes means many companies may have to reassess their arrangements with contractors or risk higher tax costs in the future, tax experts say.
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September 17, 2024
In-House Atty Brings Bias Suit Over Firing After Miscarriage
A former in-house attorney at chemicals company Arxada has launched a discrimination lawsuit in New Jersey state court accusing the business of unlawfully terminating her in the days after she showed interest in going on leave to recover from a miscarriage.
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September 17, 2024
Duane Morris Atty Asks Court To Keep Proposed Class Alive
A Duane Morris LLP attorney asked a California federal court to keep her proposed class action against the firm alive, alleging the BigLaw firm is mischaracterizing her claims that it underpaid and misclassified employees.
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September 17, 2024
HSF To Boost Paid Leave For Parents And Carers
Herbert Smith Freehills LLP said Tuesday that it will offer its employees increased leave for parents and carers, marking it the latest firm to offer improved policies to give staff greater support when they start a family.
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September 17, 2024
School To Pay Math Teacher £850K Over Baseless Firing
A Catholic secondary school has agreed to pay £850,000 ($1.2 million) in a settlement to its former head of math, after a tribunal ruled the school fired him for refusing to take up a less senior position.
Expert Analysis
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To Make Your Legal Writing Clear, Emulate A Master Chef
To deliver clear and effective written advocacy, lawyers should follow the model of a fine dining chef — seasoning a foundation of pure facts with punchy descriptors, spicing it up with analogies, refining the recipe and trimming the fat — thus catering to a sophisticated audience of decision-makers, says Reuben Guttman at Guttman Buschner.
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3 Wage And Hour Tips For A Post-Chevron World
Employers can take three steps to handle day-to-day wage and hour compliance in the event that the U.S. Supreme Court soon reshifts the administrative law landscape by overturning the Chevron doctrine, which could cause a massive sea change in the way we all do business, say Seth Kaufman and Matthew Korn at Fisher Phillips.
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8 Steps Companies Should Take After An Internal Investigation
Given the U.S. Department of Justice’s increasing focus on corporate compliance and remediation of misconduct, companies must follow through in several key ways after an internal investigation to ensure history does not repeat itself, say Jonathan Aronie and Joseph Jay at Sheppard Mullin.
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Circuit Judge Writes An Opinion, AI Helps: What Now?
Last week's Eleventh Circuit opinion in Snell v. United Specialty Insurance, notable for a concurrence outlining the use of artificial intelligence to evaluate a term's common meaning, is hopefully the first step toward developing a coherent basis for the judiciary's generative AI use, says David Zaslowsky at Baker McKenzie.
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Attys Beware 2 Commonly Overlooked NIL Contract Issues
As name, image and likeness deals dominate high school and collegiate sports, preserving a client's NCAA eligibility should be a top priority, so lawyers should understand the potentially damaging contract provisions they may encounter when reviewing an agreement, says Paula Nagarajan at Arnall Golden.
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After Years Of Popularity, PAGA's Fate Is Up In The Air
The last two years held important victories for plaintiff-side employment attorneys in California Private Attorneys General Act litigation at the trial and appellate court levels, but this hotbed of activity will quickly lose steam if voters approve a ballot measure in November to enact the California Fair Pay and Employer Accountability Act, says Paul Sherman at Kabat Chapman.
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12 Keys To Successful Post-Trial Juror Interviews
Post-trial interviews offer attorneys an avenue to gain valuable insights into juror decision making and get feedback that can inform future litigation strategies, but certain best practices must be followed to get the most out of this research tool, say Alexa Hiley and Brianna Smith at IMS Legal.
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How Employers, Attorneys Can Respond To Noncompete Ban
As the Federal Trade Commission's recently issued noncompete ban faces ongoing legal challenges, now is a good time for employers to consider whether they want to take a wait-and-see approach before halting use of noncompetes and for practitioners to gain insight into other tools available to protect their clients' business interests, says Jennifer Platzkere Snyder at Dilworth Paxson.
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Perspectives
Trauma-Informed Legal Approaches For Pro Bono Attorneys
As National Trauma Awareness Month ends, pro bono attorneys should nevertheless continue to acknowledge the mental and physical effects of trauma, allowing them to better represent clients, and protect themselves from compassion fatigue and burnout, say Katherine Cronin at Stinson and Katharine Manning at Blackbird.
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Cos. Must Stay On Alert With Joint Employer Rule In Flux
While employers may breathe a sigh of relief at recent events blocking the National Labor Relations Board's proposed rule that would make it easier for two entities to be deemed joint employers, the rule is not yet dead, say attorneys at Day Pitney.
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4 Arbitration Takeaways From High Court Coinbase Ruling
The U.S. Supreme Court's May 23 decision in Coinbase v. Suski, which provides clarity to parties faced with successive contracts containing conflicting dispute resolution provisions, has four practical impacts for contracting parties to consider, say Charles Schoenwetter and Eric Olson at Bowman and Brooke.
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Series
Playing Music Makes Me A Better Lawyer
My deep and passionate involvement in playing, writing and producing music equipped me with skills — like creativity, improvisation and problem-solving — that contribute to the success of my legal career, says attorney Kenneth Greene.
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Lessons In High-Profile Jury Selection Amid NY Trump Trial
Richard Gabriel and Michelle Rey LaRocca at Decision Analysis consider how media exposure can affect a prospective juror in a high-profile case, the misunderstood nature of bias, and recommendations for jury selection in these unique situations as the Trump hush money trial continues in New York.
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How Attys Can Avoid Pitfalls When Withdrawing From A Case
The Trump campaign's recent scuffle over its bid to replace its counsel in a pregnancy retaliation suit offers a chance to remind attorneys that many troubles inherent in withdrawing from a case can be mitigated or entirely avoided by communicating with clients openly and frequently, says Christopher Konneker at Orsinger Nelson.
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One Contract Fix Can Reduce Employer Lawsuit Exposure
A recent Fifth Circuit ruling that saved FedEx over $365 million highlights how a one-sentence limitation provision on an employment application or in an at-will employment agreement may be the easiest cost-savings measure for employers against legal claims, say Sara O'Keefe and William Wortel at BCLP.