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Employment
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October 21, 2024
Firm Fired HR Manager Because Of Pregnancy, Fla. Jury Told
The lawyer for a former human resources manager at a South Florida law firm told a federal jury Monday that she was fired for being pregnant, saying that her ex-employer made her come into work despite a doctor's note telling her to stay home after determining that she had a high-risk pregnancy.
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October 21, 2024
NCAA Wants Suit From Ex-College Basketball Players Tossed
The NCAA wants a New York federal court to dismiss a lawsuit by men's college basketball players that accuses the organization of exploiting their name, image and likeness by continuously replaying their highlights from March Madness, arguing that it fails in numerous ways, including time-barred claims.
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October 21, 2024
Retired Conn. Firefighters Sue Over Healthcare Switch
A group of 119 retired union firefighters for the city of Stamford, Connecticut, sued the city in state court Monday, seeking an injunction preventing the city from changing their healthcare benefits.
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October 21, 2024
Netflix Inks $1.4M Wage Deal With Reality TV Contestants
A California judge gave preliminary approval Monday to a $1.4 million settlement between Netflix and contestants from the reality television shows "Love Is Blind" and "The Ultimatum" to end a putative wage class action alleging the contestants were forced to work long hours with little pay.
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October 21, 2024
9th Circ. Probes Bargaining Order Limits In 1st Cemex Review
In the first court challenge to the National Labor Relations Board's landmark Cemex ruling, the Ninth Circuit grappled Monday with whether the labor board's new standard for issuing bargaining orders complies with a framework the U.S. Supreme Court set out more than 50 years ago.
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October 21, 2024
Combs Seeks Gag Order As Rape Claims Flood Courts
Attorneys for Sean "Diddy" Combs asked a Manhattan federal judge to order all prospective witnesses and their lawyers not to "assassinate" his character in the media, as seven new sexual assault lawsuits against him hit dockets in New York.
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October 21, 2024
BIA Officer's Psychological Eval Off-Limits In Liability Row
A Northern Cheyenne woman who has accused a former Bureau of Indian Affairs officer of sexually assaulting her can reopen his deposition but won't be allowed access to his psychological evaluation in the ongoing dispute over the federal agency's liability in the incident, a federal judge said.
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October 21, 2024
SpaceX Firing Suit Belongs In State Court, Ex-Workers Say
Terminated SpaceX employees on Monday urged a California federal judge to remand their hostile work environment and retaliation case to state court due to lack of diversity jurisdiction, arguing that when they first sued, SpaceX's principal place of business was Hawthorne, California, not Starbase, Texas, where the company later moved.
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October 21, 2024
Hooters, EEOC Strike Deal To End Post-COVID Rehiring Suit
Hooters will pay $250,000 to resolve a U.S. Equal Employment Opportunity Commission lawsuit claiming it failed to bring back most of its Black employees when it reopened a North Carolina restaurant during the COVID-19 pandemic, according to a filing in federal court Monday.
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October 21, 2024
Boeing Machinists To Vote On New Tentative Wage Deal
Approximately 33,000 Boeing employees represented by the International Association of Machinists and Aerospace Workers will vote Wednesday on a tentative new labor contract that includes a 35% wage increase over four years, potentially ending a more than monthlong strike that hampered Boeing's production and cash flow.
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October 21, 2024
3rd Take's The Charm For Terrence Howard in CAA Suit
A Los Angeles judge Monday declined to dismiss "Empire" star Terrence Howard's suit alleging Creative Artists Agency's conflicting interests led him to accept a salary below industry standards, finding the latest version of the complaint adequately addressed her statute of limitations concerns.
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October 21, 2024
Seton Hall Ex-Chair Fights Transfer Of Whistleblower Suit
Seton Hall University's former board chair on Monday sought to prevent the transfer of a whistleblower case from the school's former president out of New Jersey's Essex County state court due to a supposed conflict of interest, following a similar motion last week from the university itself.
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October 21, 2024
Lilly Ledbetter Was An 'Indefatigable' Force For Equal Pay
Lilly Ledbetter, whose unequal pay lawsuit against her employer sparked a 2009 law and led her to dedicate the rest of her life to fighting for pay equity, recently died at 86. Those who worked with her say her legacy lives on in the ongoing fight to close the wage gap.
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October 21, 2024
Ogletree Shareholder Who Went In-House 'Returning Home'
Communications company WPP Group USA's vice president and counsel for the Americas rejoined Ogletree Deakins Nash Smoak & Stewart PC on Monday as a labor and employment shareholder, the firm said.
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October 21, 2024
Ex-Court Atty's Gender Bias Claims Cut From Workplace Suit
Pennsylvania federal judge has reduced a lawsuit filed by a former Northampton County Court of Common Pleas lawyer who alleges she was forced to resign because of her treatment in the workplace, ruling that while her gender bias claims fall short, the case can proceed on her retaliation claims.
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October 21, 2024
Eversheds Sutherland Adds NCAA Veteran To Education Team
Eversheds Sutherland announced Monday that it has added the former associate director of enforcement for the National Collegiate Athletic Association to bolster its higher education services and its global sports practice.
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October 21, 2024
Conn. Firm Says Attys, Restaurants Filed 'Malicious' Suit
A restaurant chain and its attorneys abused the legal process by "frivolously and maliciously" suing a plaintiff-side firm after it ran ads alerting workers they might have wage claims against the restaurant, a lawsuit filed in Connecticut state court has alleged.
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October 21, 2024
Arthur Blank's Paramours Forced Unpaid OT, Ex-Workers Say
The family office of Home Depot co-founder Arthur Blank, who owns the Atlanta Falcons and Atlanta United FC, has been sued by two former employees who allege they were forced to work long hours due to the retention of "incompetent" employees who had sexual relationships with Blank and others, and were then denied overtime.
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October 21, 2024
Justices Turn Away Ex-Raytheon Workers' Vaccine Bias Suit
The U.S. Supreme Court declined Monday to review the dismissal of a lawsuit alleging Raytheon Technologies Corp. harassed and forced out employees who received religious exemptions from its COVID-19 vaccine policy, despite workers' assertion that the Ninth Circuit applied erroneously narrow standards.
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October 21, 2024
Paul Hastings Adds Baker McKenzie Employment Team In NY
Paul Hastings LLP said Monday that it has landed a top-tier, four-partner employment litigation team in New York from Baker McKenzie LLP to strengthen its East Coast practice.
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October 18, 2024
Law360 MVP Awards Go To Top Attys From 74 Firms
The attorneys chosen as Law360's 2024 MVPs have distinguished themselves from their peers by securing hard-earned successes in high-stakes litigation, complex global matters and record-breaking deals.
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October 18, 2024
Employment Authority: 500th Starbucks Unionizes
Law360 Employment Authority covers the biggest employment cases and trends. Catch up this week with coverage on a look at the 500th Starbucks successful unionization efforts, tips for employers to get ready for the second salary increase for the Fair Labor Standards Act's overtime exemption and a look at California's law preserving the intersectionality in its anti-discrimination laws.
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October 18, 2024
Fired SF Rail Workers Win First Phase Of Vax Mandate Trial
A California federal jury on Friday ruled that the Bay Area Rapid Transit District didn't prove it tried to accommodate six unvaccinated employees the agency fired during the COVID-19 pandemic, pushing the trial to a second phase over whether the workers had a "sincerely held" religious belief against being vaccinated.
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October 18, 2024
Ex-GOP Candidate Says Air Force's Doc Release Damaged Her
Former Republican congressional candidate Jennifer-Ruth Green has urged a District of Columbia federal judge to deny the U.S. Air Force's bid to throw out her lawsuit accusing it of illegally disclosing her confidential military records, saying she has the right to sue under the Privacy Act.
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October 18, 2024
FTC Appeals Noncompete Ban Loss To 5th Circ.
The Federal Trade Commission gave notice Friday that it would seek Fifth Circuit intervention against a Texas federal judge's decision to block its ban on employment noncompete agreements.
Expert Analysis
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Avoiding Corporate Political Activity Pitfalls This Election Year
As Election Day approaches, corporate counsel should be mindful of the complicated rules around companies engaging in political activities, including super PAC contributions, pay-to-play prohibitions and foreign agent restrictions, say attorneys at Covington.
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Employer Arbitration Lessons From Calif. Consumer Ruling
Although a California state appeals court’s recent arbitration ruling in Mahram v. Kroger involved a consumer transaction, the finding that the arbitration agreement at issue did not apply to a third-party beneficiary could influence how employment arbitration agreements are interpreted, says Sander van der Heide at CDF Labor Law.
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Why Attorneys Should Consider Community Leadership Roles
Volunteering and nonprofit board service are complementary to, but distinct from, traditional pro bono work, and taking on these community leadership roles can produce dividends for lawyers, their firms and the nonprofit causes they support, says Katie Beacham at Kilpatrick.
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How NJ Temp Equal Pay Survived A Constitutional Challenge
The Third Circuit recently gave the New Jersey Temporary Workers' Bill of Rights a new lease on life by systematically dismantling multiple theories of the act's unconstitutionality brought by staffing agencies hoping to delay their new equal pay and benefits obligations, say attorneys at Duane Morris.
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Firms Must Offer A Trifecta Of Services In Post-Chevron World
After the U.S. Supreme Court’s Loper Bright Enterprises v. Raimondo decision overturning Chevron deference, law firms will need to integrate litigation, lobbying and communications functions to keep up with the ramifications of the ruling and provide adequate counsel quickly, says Neil Hare at Dentons.
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5 Tips To Succeed In A Master Of Laws Program And Beyond
As lawyers and recent law school graduates begin their Master of Laws coursework across the country, they should keep a few pointers in mind to get the most out of their programs and kick-start successful careers in their practice areas, says Kelley Miller at Reed Smith.
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NYC Wage Info Bill Highlights Rise In Pay Transparency Laws
With New York City the latest to mull requiring companies to annually report employee wage data, national employers should consider adapting their compliance practices to comply with increasingly common pay transparency and disclosure obligations at state and local levels, says Kelly Cardin at Littler Mendelson.
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When Trauma Colors Testimony: How To Help Witnesses
As stress-related mental health issues continue to rise, trial attorneys must become familiar with a few key trauma-informed strategies to help witnesses get back on track — leaning in to the counselor aspect of their vocations, say Ava Hernández and Steve Wood at Courtroom Sciences.
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Series
Being An Opera Singer Made Me A Better Lawyer
My journey from the stage to the courtroom has shown that the skills I honed as an opera singer – punctuality, memorization, creativity and more – have all played a vital role in my success as an attorney, says Gerard D'Emilio at GableGotwals.
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How Law Firms Can Avoid 'Collaboration Drag'
Law firm decision making can be stifled by “collaboration drag” — characterized by too many pointless meetings, too much peer feedback and too little dissent — but a few strategies can help stakeholders improve decision-making processes and build consensus, says Steve Groom at Miles Mediation.
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Workday AI Bias Suit Suggests Hiring Lessons For Employers
As state laws and a federal agency increasingly focus on employment bias introduced by artificial intelligence systems, a California federal court's recent decision to allow a discrimination suit to proceed against Workday's AI-driven recruitment software, shows companies should promptly assess these tools' risks, say attorneys at Williams & Connolly.
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When The Supreme Court Gives You Lemons, Make Lemonade
Instead of grousing about the U.S. Supreme Court’s recent decisions overturning long-standing precedents, attorneys should look to history for examples of how enterprising legal minds molded difficult decisions to their advantage, and figure out how to work with the cards they’ve been dealt, says Reuben Guttman at Guttman Buschner.
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What BIPA Reform Law Means For Biometrics Litigation
A recently signed Illinois law amending the Biometric Information Privacy Act limits defendants' liability exposure on a per-scan basis and clarifies that electronic signatures constitute a valid written release, establishing additional issues that courts will need to address in future BIPA litigation, say attorneys at Faegre Drinker.
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How Anti-DEI Bill Could Affect Employers' Diversity Efforts
Sen. J.D. Vance's recently introduced Dismantle DEI Act would substantially limit employers’ ability to implement and promote workplace diversity, equity and inclusion, but there are still steps employers can take to support a diverse workforce, says Peter Ennis at Cozen O’Connor.
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Opinion
Proposed Law Would Harm NYC Hospitality Industry
A recently proposed New York City Law that would update hotel licensing and staff coverage requirements could give the city commissioner and unions undue control over the city's hospitality industry, and harm smaller hotels that cannot afford full-time employees, says Stuart Saft at Holland & Knight.