Employment

  • October 10, 2024

    Twitter Judge Seeks More Info On Cert. Bid In Layoff Fight

    A California federal judge declined to rule Thursday on a request to certify a class of 115 ex-Twitter workers who claim they were booted without proper notice after Elon Musk acquired the company, saying he wanted more information after learning that most signed arbitration agreements.

  • October 10, 2024

    Ga. Container Co. Hit With Data Breach Lawsuit

    A Georgia-based manufacturer and global supplier of blow-molded plastic containers has been hit with a proposed class action in federal court over a December 2023 data breach that allegedly exposed the personal information of more than 30,000 people who were not notified about the hack until this month.

  • October 10, 2024

    IRS Says It's Stepping Up Worker Credit Claims Processing

    The Internal Revenue Service said Thursday it's accelerating processing of claims for pandemic-era worker credits after a moratorium triggered by what the agency has said was widespread fraud.

  • October 10, 2024

    Wendy's Asked To Move Wage Row Too Late, 10th Circ. Says

    The Tenth Circuit declined Thursday to move an unpaid wage class action against Wendy's back to federal court, saying the fast-food chain waited too long before asking to transfer the dispute from state court despite knowing the requirements to do so had been met.

  • October 10, 2024

    Ill. Co. Tells 7th Circ. It Deserved Hearing Before NLRB Order

    The National Labor Relations Board trod on an Illinois plumbing and fire suppression company's due process rights when it ordered the company to resume recognizing a Plumbers local without a hearing on whether the company violated a settlement by withdrawing recognition, the company told the Seventh Circuit.

  • October 10, 2024

    CommScope Settles Ex-VP's Severance Benefits Suit

    Wireless network provider CommScope Holding Co. has settled a former vice president's wrongful termination and denial of benefits suit alleging he was terminated over poor performance allegations fabricated by a supervisor who saw him as competition for a higher role in the company.

  • October 10, 2024

    SeaWorld Wraps Up Suit Over COVID Severance Pay

    SeaWorld has inked settlements with two employees to resolve a California federal court suit claiming the business ignored its policies by failing to pay employees severance when they were furloughed during the COVID-19 pandemic.

  • October 10, 2024

    Ex-Citibank VP Says Bank Fired Her For Taking Parental Leave

    A former Citibank senior vice president and head of the bank's fair employment practices said Thursday she lost her job after becoming pregnant and suffering from pregnancy-related complications, accusing Citibank of discrimination.

  • October 10, 2024

    Ga. Judge Tosses Emory, Falcon Bids To Avoid Doc's Bias Suit

    A Georgia federal judge has ruled that a doctor's amended complaint for his discrimination, retaliation and defamation lawsuit against Emory Healthcare Inc. and the Atlanta Falcons Football Club mooted their motions to dismiss the doctor's claims against them.

  • October 10, 2024

    Combs May Face More Charges As Feds Pore Over Evidence

    Prosecutors helming the sex trafficking case against Sean "Diddy" Combs told a Manhattan federal judge Thursday they could file more charges against the jailed hip-hop mogul and rejected his accusations of grand jury leaks as "a means to try to exclude a damning piece of evidence."

  • October 10, 2024

    Atty For McElroy Deutsch's Ex-CFO Wants Out Of Theft Case

    An attorney representing McElroy Deutsch Mulvaney & Carpenter LLP's former chief financial officer — who is behind bars on charges of stealing from the firm — has asked to be relieved as counsel in the firm's New Jersey suit against the former CFO because he has not paid his legal bills.

  • October 10, 2024

    Ex-NFLer Can't Get Sanctions For Dropped Sexual Abuse Suit

    A Colorado state judge on Wednesday denied awarding attorney fees to a former NFL player-turned-reptile-shipper as a sanction, concluding it wasn't clear that the now-dismissed lawsuit by a former employee who accused him of sexually abusing her and then firing her was brought in bad faith or without any factual foundation.

  • October 10, 2024

    Lawmakers Want Calif. Colleges To Flex NIL Muscle

    As states across the country pass new laws for college athletes to earn money for their name, image and likeness, California lawmakers are encouraging universities there to make use of the considerable NIL provisions already on the books.

  • October 09, 2024

    Combs Accuses DHS Of Leaking Grand Jury Info To Press

    Government agents investigating charges of sex trafficking against Sean "Diddy" Combs have engaged in a scheme to undermine his right to a fair trial, the hip-hop mogul told a Manhattan federal judge late Wednesday, saying U.S. Department of Homeland Security personnel have been leaking grand jury information to journalists.

  • October 09, 2024

    Garth Brooks Accused Of Retaliating After Rape Lawsuit

    A hair and makeup artist told a judge Wednesday that Garth Brooks publicly revealed her name out of spite and retaliation after she sued him for rape, urging the court to sanction the country star and his lawyers for this "appalling and malicious behavior."

  • October 09, 2024

    Repeat Whistleblowing Led To Firing, Ex-Sikorsky Worker Alleges

    A Connecticut man who describes himself as a "well-known" whistleblower at Sikorsky Aircraft Corp. says he was illegally terminated for reporting alleged wage and hour and environmental violations to government authorities, claiming the helicopter manufacturer fired him using bogus allegations he broke into an office he was given clearance to access.

  • October 09, 2024

    'I Do Not Lie,' Lin Wood Says In Asset Fight With Ex-Partners

    A Georgia federal judge on Wednesday ordered former attorney Lin Wood not to sell or otherwise encumber property he offered up as security in lieu of paying a $4.7 million supersedeas bond during his appeal of a $3.75 million defamation verdict against him. 

  • October 09, 2024

    5th Circ. Revives Air Force Bias Case, Citing Broader Standard

    The Fifth Circuit revived a former civilian U.S. Air Force employee's lawsuit alleging she was given negative performance reviews after rejecting colleagues' sexual advances, saying a lower court needs to reevaluate her claims under a year-old circuit standard that allows for a wider range of bias allegations.

  • October 09, 2024

    Boeing Rescinds Wage Offer As IAM Strike Enters 4th Week

    Boeing has withdrawn its most recent wage offer to more than 33,000 employees who've been on strike for nearly a month, prolonging a labor standoff with the International Association of Machinists and Aerospace Workers that has grounded some of Boeing's key production lines to a halt.

  • October 09, 2024

    Colo. Dispensary To Pay $95K In EEOC Disability Bias Suit

    A Colorado marijuana dispensary has agreed to pay $95,000 to settle a U.S. Equal Employment Opportunity Commission suit claiming it fired a worker for failing to clock in and out of her shifts, even though she informed supervisors that she had memory issues due to her disabilities.

  • October 09, 2024

    Conn. College Settles Fired Coach's Sex Discrimination Claim

    The former head coach of a Connecticut college's women's lacrosse team has agreed to settle a federal lawsuit claiming that he faced sex discrimination in a "hypersensitive" environment and was wrongfully fired for unprofessionalism, even though women who engaged in similar conduct went unpunished.

  • October 09, 2024

    Ohio Worker Says Health Co. Doesn't Pay OT Or Promised Wages

    An Ohio healthcare worker has accused provider CareStar Inc. of unlawfully denying her and a proposed class of current and former employees overtime pay and failing to fork over supplemental pay the company promised her.

  • October 09, 2024

    Del. Justices Told Noncompete Toss Will Upend State Doctrine

    An attorney for an Illinois-based auto parts company urged Delaware's Supreme Court on Wednesday to clarify recent court precedent on employee "forfeiture-for-competition" agreements, saying a federal court strike-down of the company's forfeit action against a former manager would be "anathema" to Delaware's "contractarian doctrine and tradition" if upheld.

  • October 09, 2024

    Truckers' $700K Wage Settlement Gets Final Approval

    A California federal judge granted final approval of a $700,000 proposed class action settlement between a class of truck drivers, an agricultural product transportation company and a labor contractor, ending the wage lawsuit Wednesday.

  • October 09, 2024

    Mich. Justices Open To Atty Fee Bid In Legal Malpractice Case

    The Michigan Supreme Court appeared receptive Wednesday to arguments from a lab-grown orchid company that it should be allowed to recover attorney fees incurred in an employment lawsuit the company claimed resulted from legal malpractice.

Expert Analysis

  • A Midyear Forecast: Tailwinds Expected For Atty Hourly Rates

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    Hourly rates for partners, associates and support staff continued to rise in the first half of this year, and this growth shows no signs of slowing for the rest of 2024 and into next year, driven in part by the return of mergers and acquisitions and the widespread adoption of artificial intelligence, says Chuck Chandler at Valeo Partners.

  • A Timeline Of Antisemitism Legislation And What It Means

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    What began as hearings in the House of Representatives Committee on Education and the Workforce has expanded to a House-wide effort to combat antisemitism and related issues, with wide-ranging implications for education, finance and nonprofit entities, say attorneys at Morgan Lewis.

  • Opinion

    States Should Loosen Law Firm Ownership Restrictions

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    Despite growing buzz, normalized nonlawyer ownership of law firms is a distant prospect, so the legal community should focus first on liberalizing state restrictions on attorney and firm purchases of practices, which would bolster succession planning and improve access to justice, says Michael Di Gennaro at The Law Practice Exchange.

  • Why Justices Should Rule On FAA's Commerce Exception

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    The U.S. Supreme Court should review the Ninth Circuit's Ortiz v. Randstad decision, to clarify whether involvement in interstate commerce exempts workers from the Federal Arbitration Act, a crucial question given employers' and employees' strong competing interests in arbitration and litigation, says Collin Williams at New Era.

  • How Attorneys Can Reduce Bad Behavior At Deposition

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    To minimize unprofessional behavior by opposing counsel and witnesses, and take charge of the room at deposition, attorneys should lay out some key ground rules at the outset — and be sure to model good behavior themselves, says John Farrell at Fish & Richardson.

  • FLSA Conditional Certification Is Alive And Well In 4th Circ.

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    A North Carolina federal court's recent decision in Johnson v. PHP emphasized continued preference by courts in the Fourth Circuit for a two-step conditional certification process for Fair Labor Standards Act collective actions, rejecting views from other circuits and affording plaintiffs a less burdensome path, say Joshua Adams and Damón Gray at Jackson Lewis.

  • Series

    Solving Puzzles Makes Me A Better Lawyer

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    Tackling daily puzzles — like Wordle, KenKen and Connections — has bolstered my intellectual property litigation practice by helping me to exercise different mental skills, acknowledge minor but important details, and build and reinforce good habits, says Roy Wepner at Kaplan Breyer.

  • Colo. Ruling Adopts 'Actual Discharge' Test For The First Time

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    After a Colorado court’s recent decision in Potts v. Gaia Children, adopting for the first time a test for evaluating an actual discharge claim, employers must diligently document the circumstances surrounding termination of employment, and exercise particular caution when texting employees, says Michael Laszlo at Clark Hill.

  • Texas Ethics Opinion Flags Hazards Of Unauthorized Practice

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    The Texas Professional Ethics Committee's recently issued proposed opinion finding that in-house counsel providing legal services to the company's clients constitutes the unauthorized practice of law is a valuable clarification given that a UPL violation — a misdemeanor in most states — carries high stakes, say Hilary Gerzhoy and Julienne Pasichow at HWG.

  • Series

    After Chevron: Good News For Gov't Contractors In Litigation

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    The net result of the U.S. Supreme Court's decision overturning Chevron deference is that individuals, contractors and companies bringing procurement-related cases against the government will have new pathways toward success, say Joseph Berger and Andrés Vera at Thompson Hine.

  • In Memoriam: The Modern Administrative State

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    On June 28, the modern administrative state, where courts deferred to agency interpretations of ambiguous statutes, died when the U.S. Supreme Court overruled its previous decision in Chevron v. Natural Resources Defense Council — but it is survived by many cases decided under the Chevron framework, say Joseph Schaeffer and Jessica Deyoe at Babst Calland.

  • Opinion

    It's Time For Nationwide Race-Based Hair Protections

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    While 24 states have passed laws that prohibit race-based hair discrimination, this type of bias persists in workplaces and schools, so a robust federal law is necessary to ensure widespread protection, says Samone Ijoma and Erica Roberts at Sanford Heisler.

  • Series

    After Chevron: EEOC Status Quo Will Likely Continue

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    As the legal landscape adjusts to the end of Chevron deference, the U.S. Equal Employment Opportunity Commission’s rulemaking authority isn’t likely to shift as much as some other employment-related agencies, says Paige Lyle at FordHarrison.

  • How High Court Approached Time Limit On Reg Challenges

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    The U.S. Supreme Court's decision in Corner Post v. Federal Reserve Board effectively gives new entities their own personal statute of limitations to challenge rules and regulations, and Justice Brett Kavanaugh's concurrence may portend the court's view that those entities do not need to be directly regulated, say attorneys at Snell & Wilmer.

  • Series

    After Chevron: FTC's 'Unfair Competition' Actions In Jeopardy

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    While the U.S. Supreme Court's decision ending Chevron deference will have limited effect on the Federal Trade Commission's merger guidelines, administrative enforcement actions and commission decisions on appeal, it could restrict the agency's expansive take on its rulemaking authority and threaten the noncompete ban, say attorneys at Baker Botts.

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