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Employment
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October 22, 2024
Elevance Wants Weight Loss Drug Discrimination Suit Tossed
Elevance asked a Maine federal court to toss a worker's proposed class action alleging subsidiary Anthem violated healthcare nondiscrimination law by denying coverage for a weight loss drug to treat obesity, arguing the insurer's decision was based on her employer's plan exclusion and not bias.
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October 22, 2024
UFC Parent Can't Escape Remaining Wages Suit, Fighters Say
The fighters in a wage dispute against UFC that remains unsettled told a Nevada federal court that it is too early for the MMA organization's parent company, Endeavor Group, to exit the ongoing class action without proper discovery.
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October 22, 2024
WNBA Players Opt To Redo Labor Deal After Growth Season
The Women's National Basketball Players Association has opted out of its collective bargaining agreement with the WNBA and will negotiate a new deal following a season that saw massive jumps in viewers and attendance.
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October 22, 2024
Paper's NLRB Constitutional Claims Can't Halt Injunction Case
The Pittsburgh Post-Gazette can't stop the National Labor Relations Board's injunction request to make the newspaper bargain with three unions based on constitutional claims about the agency, a Pennsylvania federal judge ruled Tuesday, saying the court would not "ignore nearly a century's worth of settled jurisprudence."
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October 22, 2024
Luxury Cinema Chain Accused Of Shorting Workers On Wages
Luxury movie theater chain Cinepolis maintained a practice of not paying workers for all their hours worked and failed to provide them with uninterrupted rest breaks, according to a proposed class action filed in California state court.
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October 22, 2024
The 2024 Prestige Leaders
Check out our Prestige Leaders ranking, analysis and interactive graphics to see which firms stand out for their financial performance, attractiveness to attorneys and law students, ability to secure accolades and positive legal news media representation.
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October 22, 2024
How Law Firms Get And Keep Elite Status
For decades, a handful of New York-based law firms thoroughly dominated the national consciousness when it came to power, profitability and prestige. But in today's legal market, increased movement of partners and clients from one firm to the next has begun to shake things up and create opportunities for go-getters to ascend the ranks.
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October 22, 2024
Shake Shack Settles Massachusetts Child Labor Complaint
Shake Shack has agreed to pay $244,500 to settle allegations that it violated Massachusetts child labor laws, including failing to obtain work permits and allowing minors to work more than 48 hours in a week, the state attorney general announced Tuesday.
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October 22, 2024
AutoNation Can't Ax $2.5 Million Age Bias Arbitration Award
A Washington federal judge said AutoNation Inc. can't scrap a $2.5 million arbitration award for a former sales manager who said he was fired due to his age, rejecting the company's concerns that the order was not properly calculated.
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October 22, 2024
Ga. Top Court Says State Trooper Can Pursue Wage Suit
The Georgia Supreme Court on Tuesday refused to upend a decision finding the Georgia Department of Public Safety waived its immunity from a state trooper's unpaid overtime suit, but sent the case back to the trial court to determine if the department breached federal law.
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October 22, 2024
DraftKings, Former Exec Eye Settlement Over Noncompete
DraftKings and a former vice president accused of violating a noncompete agreement by jumping to competitor Fanatics are attempting to settle their differences, according to a Tuesday filing in Massachusetts federal court.
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October 22, 2024
Ex-Abercrombie CEO Charged With Sex Trafficking
Former Abercrombie & Fitch Co. CEO Mike Jeffries was indicted Tuesday on charges he ran an international sex trafficking and prostitution ring that abused male models who were led to believe their participation in sex parties would benefit their careers.
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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.
Expert Analysis
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From Muppet Heads To OJ's Glove: How To Use Props At Trial
Demonstrative graphics have become so commonplace in the courtroom that jurors may start to find them boring, but attorneys can keep jurors engaged and improve their recall by effectively using physical props at trial, says Clint Townson at Townson Consulting.
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Opinion
The Big Issues A BigLaw Associates' Union Could Address
A BigLaw associates’ union could address a number of issues that have the potential to meaningfully improve working conditions, diversity and attorney well-being — from restructured billable hour requirements to origination credit allocation, return-to-office mandates and more, says Tara Rhoades at The Sanity Plea.
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Opinion
It's Time For A BigLaw Associates' Union
As BigLaw faces a steady stream of criticism about its employment policies and practices, an associates union could effect real change — and it could start with law students organizing around opposition to recent recruiting trends, says Tara Rhoades at The Sanity Plea.
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Why DOJ's Whistleblower Program May Have Limited Impact
The U.S. Department of Justice’s new whistleblower pilot program aims to incentivize individuals to report corporate misconduct, but the program's effectiveness may be undercut by its differences from other federal agencies’ whistleblower programs and its interplay with other DOJ policies, say attorneys at Milbank.
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CFPB's Earned Wage Access Rule Marks Regulatory Shift
The Consumer Financial Protection Bureau's newly issued interpretive rule on earned wage access products, classifying them as extensions of credit, marks a significant shift in their regulatory landscape and raises some important questions regarding potential fringe cases and legal challenges, say Erin Bryan and Courina Yulisa at Dorsey & Whitney.
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How Calif. Justices' Prop 22 Ruling Affects The Gig Industry
The California Supreme Court's recent upholding of Proposition 22 clarifies that Uber, Lyft, DoorDash and other companies in the gig industry can legally classify their drivers as independent contractors, but it falls short of concluding some important regulatory battles in the state, says Mark Spring at CDF Labor.
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Takeaways From Virginia's $2B Trade Secrets Verdict Reversal
The Virginia Court of Appeals' recent reversal of the $2 billion damages award in Pegasystems v. Appian underscores the claimant's burden to show damages causation and highlights how an evidentiary ruling could lead to reversible error, say John Lanham and Kamran Jamil at Morrison Foerster.
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How Justices Upended The Administrative Procedure Act
In its recent Loper Bright, Corner Post and Jarkesy decisions, the U.S. Supreme Court fundamentally changed the Administrative Procedure Act in ways that undermine Congress and the executive branch, shift power to the judiciary, curtail public and business input, and create great uncertainty, say Alene Taber and Beth Hummer at Hanson Bridgett.
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Employers Face Uncertainty After Calif. Justices' Slur Ruling
In Bailey v. San Francisco District Attorney's Office, the California Supreme Court recently ruled that a singular use of a racial slur may be sufficiently severe to support a hostile work environment claim, leaving employers to speculate about what sort of comments or conduct will meet this new standard going forward, says Stephanie Roeser at Manatt.
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9th Circ. Ruling Flags Work Harassment Risks Of Social Media
The recent Ninth Circuit ruling in Okonowsky v. Garland, holding an employer could be liable for a co-worker's harassing social media posts, highlights new challenges in technology-centered and remote workplaces, and underscores an employer's obligation to prevent hostile environments wherever their employees clock in, say Jennifer Lada and Phillip Schreiber at Holland & Knight.
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2 Vital Trial Principles Endure Amid Tech Advances
Progress in trial technologies in the last 10 years has been transformative for courtroom presentations, but two core communication axioms are still relevant in today's world of drone footage evidence and 3D animations, say Adam Bloomberg and Lisa Walters at IMS Legal Strategies.
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Key Steps To Employer Petitions For Union Elections
Excerpt from Practical Guidance
Since the National Labor Relations Board shifted the burden of requesting formal union elections onto employers in its Cemex decision last year — and raised the stakes for employer missteps during the process — companies should be prepared to correctly file representation management election petitions and respond to union demands for recognition, says Adam Keating at Duane Morris.
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Viral Layoffs: How Cos. Can Avoid Bad Social Media Exposure
A recent trend of employees using social media to document their experiences with layoffs and disciplinary actions in the workplace should prompt employers to take additional precautions to avoid former workers' negative viral reviews when deciding how, when and what to communicate to employees, say Scott McIntyre and Chrissy Kennedy at BakerHostetler.
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Mirror, Mirror On The Wall, Is My Counterclaim Bound To Fall?
A Pennsylvania federal court’s recent dismissal of the defendants’ counterclaims in Morgan v. Noss should remind attorneys to avoid the temptation to repackage a claim’s facts and law into a mirror-image counterclaim, as this approach will often result in a waste of time and resources, says Matthew Selmasska at Kaufman Dolowich.
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6 Factors That Can Make For A 'Nuclear' Juror
Drawing from recent research that examines the rise in nuclear verdicts, Ken Broda-Bahm at Persuasion Strategies identifies a few juror characteristics most likely to matter in assessing case risk and preparing for jury selection — some of which are long-known, and others that are emerging post-pandemic.