Employment

  • June 21, 2024

    Employment Authority: PAGA's Faith At Stake

    Law360 Employment Authority covers the biggest employment cases and trends. Catch up this week with coverage on where California's Private Attorneys General Act stands as a proposed ballot measure call for repealing the law two years after the U.S. Supreme Court's decision in Viking River, major takeaways from a pair of recent rulings on the U.S. Equal Employment Opportunity Commission's pregnant worker accommodation and a look at the recent National Labor Relations Board judge's decision finding unlawful certain noncompete agreements.

  • June 21, 2024

    NCAA Says Hoops Union Order Creates 'Destructive' Division

    A National Labor Relations Board regional director's decision finding men's basketball players at Dartmouth College are employees under federal labor law pits students against each other, the NCAA argued, urging the board not to assert jurisdiction over student-athletes.

  • June 21, 2024

    11th Circ. Backs Fla. Agency Win In Ex-Warden's FMLA Suit

    The Eleventh Circuit refused Friday to reinstate a former warden's lawsuit accusing the Florida Department of Corrections of transferring and demoting her because she was nearing 60 and took six months of leave, saying she failed to connect the dots to show the agency was motivated by bias.

  • June 21, 2024

    Aramark Sued In Wash. For Alleged Pay Transparency Lapses

    Aramark has been accused of violating Washington state's pay transparency law by failing to give full pay ranges in job postings, according to a proposed class action the food services giant removed to Washington federal court on Thursday.

  • June 21, 2024

    Union Tells 1st Circ. It's Fit To Bring Debt Cap Challenge

    A U.S. government workers' union challenging the constitutionality of the debt ceiling urged the First Circuit to ignore the Biden administration's argument that union members couldn't explain how it harms them, saying it's reasonable to expect their paychecks will be suspended when it is reimposed.

  • June 21, 2024

    Cathay Pacific Pilots Land $16.65M Deal In 7-Year Wage Fight

    A group of 110 Cathay Pacific Airways Ltd. pilots will receive $16.65 million to settle a seven-year wage case alleging that the airline violated Golden State labor laws governing meal and rest periods, overtime and reserve duty pay, according to a preliminary motion for approval filed Thursday in California federal court.

  • June 21, 2024

    Uber, Lyft Can't Dodge Suit Via Arbitration, Calif. Tells Justices

    California has urged the U.S. Supreme Court not to revive bids from Uber and Lyft to arbitrate allegations they unlawfully misclassified drivers as independent contractors, saying it's "commonly understood" that private parties' arbitration agreements have no bearing on whether state officials can sue for state law violations.

  • June 21, 2024

    Off The Bench: ACC-FSU Rematch, Supreme Win For Fla. Tribe

    In this week's Off The Bench, the next round of venue tug-of-war begins between the Atlantic Coast Conference and Florida State University, the U.S. Supreme Court hands Florida and the Seminole Tribe a lucrative gaming win, and Roger Goodell and Jerry Jones defend the NFL's handling of its Sunday Ticket package.

  • June 21, 2024

    Teamsters Say Calif. Pot Shop's Deal Was With 'Sham' Union

    The International Brotherhood of Teamsters is asking to intervene as a defendant in a cannabis retailer's suit challenging the constitutionality of California's requirement that the retailer enter a labor peace agreement with a "bona fide" labor organization, saying the union the shop contracted is a sham that does nothing to organize workers.

  • June 21, 2024

    Former CEO Wins Unpaid Benefits Suit Against Credit Union

    A Connecticut federal judge granted a win to a former CEO claiming a credit union refused to fully pay out his retirement benefits after he was abruptly fired over his Parkinson's disease diagnosis, saying he put forward enough detail to connect his termination with his disability.

  • June 21, 2024

    Ex-GM Workers Can't Prove Anti-White Bias

    A Michigan appeals court rejected efforts from two former General Motors workers to revive claims that they were fired because they are white, ruling that they fundamentally misunderstood the law and failed to rebut GM's argument that their persistent use of coarse language led to the firings.

  • June 21, 2024

    11th Circ. Rules Hotel Operator Liable For Wages As Employer

    A hotel operator exercised enough control over a front desk worker to be his employer and is therefore liable for minimum wage and overtime, the Eleventh Circuit ruled, also noting that a lower court erred in calculating the damages.

  • June 21, 2024

    Feds Seek To Nix Atty's Charges As 2nd Atty Heads To Prison

    Prosecutors moved Friday to dismiss charges against a Georgia attorney for fraudulently obtaining federal pandemic-relief loans meant for businesses, with the pending dismissal — based on her completion of a pretrial diversion program — coming after a Florida attorney and alleged accomplice received a prison sentence of more than six years.

  • June 21, 2024

    5th Circ. Knocks Out National Block On ACA Preventive Care

    The Fifth Circuit on Friday struck down a national injunction against Affordable Care Act requirements forcing insurers to cover a range of preventive treatments, but kept a block in place that prevents its application to the individuals and businesses in Texas that sued.

  • June 21, 2024

    'Clearly Relevant' Fraud Claims Stay In Lin Wood Slander Trial

    Ahead of a trial where controversial attorney Lin Wood will face claims that he defamed his former law partners, a Georgia federal judge on Friday refused to keep out as evidence two state court lawsuits in which Wood is accused of stiffing them on legal fees and sheltering cash behind a real estate venture.

  • June 21, 2024

    DOD Can't Escape LGBTQ Veterans' Discharge Bias Suit

    A California federal judge denied the U.S. Department of Defense's bid to toss a suit alleging veterans discharged under the military's former "don't ask, don't tell" ban on LGBTQ service members continue to face discrimination, finding they put forward enough proof of bias for their claims to survive dismissal.

  • June 21, 2024

    HCA Wants Out Of Respiratory Therapist's Wage Suit

    Healthcare company HCA said it didn't employ a respiratory therapist accusing the entity of manipulating workers' time sheets and owing them wages, urging a North Carolina federal court to toss the proposed class and collective suit.

  • June 21, 2024

    AAA, Worker End Sex Bias Suit After Missed Eclipse Day Depo

    AAA and a former insurance agent told a Florida federal court Friday that they've settled the ex-employee's gender discrimination lawsuit amid a fight over how much his attorney owes the organization for missing a deposition because he was traveling to see April's solar eclipse.

  • June 21, 2024

    Ex-CFO Ends Bias Suit Against Anderson Kill In New York

    A disability discrimination lawsuit filed in New York federal court against insurance recovery law firm Anderson Kill PC by its former chief financial officer has been voluntarily dismissed per a stipulated order submitted by the litigation parties.

  • June 20, 2024

    Delta's $16M Pay Stub Deal Stalled On Runway By 'Problems'

    A California federal judge said Thursday that he has "problems" giving preliminary approval to Delta Air Lines' $16 million deal in a pay stub class action that went to the Ninth Circuit and the California Supreme Court, saying the settlement's release "seems way overbroad."

  • June 20, 2024

    Logistics Cos. Face Skilled Worker Visa Misuse Class Action

    A pair of logistics companies in the United States face a proposed worker class action alleging they misled prospective employees in Mexico about purported engineering roles that, in reality, were menial labor.

  • June 20, 2024

    NC Agency Hit With Race Bias Suit Over $17.8M Project

    The North Carolina Department of Transportation and one of its contractors subjected Black employees of a subcontractor to "flagrant racial discrimination," according to a federal lawsuit filed Wednesday.

  • June 20, 2024

    Staffing Co. To Pay $558K To End DOJ Immigrant Bias Probe

    The U.S. Department of Justice announced Thursday that a staffing firm will pay nearly $558,000 to end an investigation into its hiring practices that found it deterred non-U.S. citizens with permission to work in the country from applying for open job opportunities.

  • June 20, 2024

    UnitedHealth To Pay $1M To End NY AG Birth Control Probe

    New York Attorney General Letitia James announced Thursday that UnitedHealthcare of New York Inc. will pay $1 million to end allegations that the company violated Empire State law by refusing to fully cover an oral contraceptive.

  • June 20, 2024

    DLA Piper Accused Of Evading Order In Pregnancy Bias Case

    DLA Piper continues to evade a court directive to turn certain documents over to a former attorney with the firm who has filed a pregnancy bias suit, a lawyer representing the former employee has told a New York federal magistrate judge.

Expert Analysis

  • Series

    Walking With My Dog Makes Me A Better Lawyer

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    Thanks to my dog Birdie, I've learned that carving out an activity different from the practice of law — like daily outdoor walks that allow you to interact with new people — can contribute to professional success by boosting creativity and mental acuity, as well as expanding your social network, says Sarah Petrie at the Massachusetts Attorney General’s Office.

  • Employer Considerations Before Title IX Rule Goes Into Effect

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    While the U.S. Department of Education's final rule on Title IX is currently published as an unofficial version, institutions and counsel should take immediate action to ensure they are prepared for the new requirements, including protections for LGBTQ+ and pregnant students and employees, before it takes effect in August, say Jeffrey Weimer and Cori Smith at Reed Smith.

  • Think Like A Lawyer: Follow The Iron Rule Of Trial Logic

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    Many diligent and eager attorneys include every good fact, point and rule in their trial narratives — spurred by the gnawing fear they’ll be second-guessed for leaving something out — but this approach ignores a fundamental principle of successful trial lawyering, says Luke Andrews at Poole Huffman.

  • The Art Of Asking: Leveraging Your Contacts For Referrals

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    Though attorneys may hesitate to ask for referral recommendations to generate new business, research shows that people want to help others they know, like and trust, so consider who in your network you should approach and how to make the ask, says Rebecca Hnatowski at Edwards Advisory.

  • Compliance Strategies To Mitigate 3 New Areas Of AI Risk

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    The era of artificial intelligence-assisted corporate crime is here, but several concrete mitigation strategies can allow companies to address the new, rapidly evolving threats posed by deepfakes, information barrier evasion and AI model manipulation, say attorneys at Debevoise.

  • Refresher On Employee Qualifications For Summer Interns

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    Before companies welcome interns to their ranks this summer, they should consider the extent to which the interns may be entitled to the same legal protections as employees, including the right to be paid for their hours worked and to receive at least minimum wage and overtime, says Kate LaQuay at Munck Wilson.

  • Opinion

    The FTC's Noncompete Rule Is Likely Dead On Arrival

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    The Federal Trade Commission's April 23 noncompete ban ignores the consequences to the employees it claims to help — but the rule is unlikely to go into effect provided the ideological makeup of the U.S. Supreme Court remains the same, say Erik Weibust and Stuart Gerson at Epstein Becker.

  • McKesson May Change How AKS-Based FCA Claims Are Pled

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    The Second Circuit’s analysis in U.S. v. McKesson, an Anti-Kickback Statute-based False Claims Act case, provides guidance for both relators and defendants parsing scienter-related allegations, say Li Yu at Dicello Levitt, Ellen London at London & Stout, and Erica Hitchings at Whistleblower Law.

  • 5 Employer Actions Now Risky After Justices' Title VII Ruling

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    Last week in Muldrow v. St. Louis, the U.S. Supreme Court ruled that harm didn't have to be significant to be considered discriminatory under Title VII of the Civil Rights Act, making five common employer actions vulnerable to litigation, say Kellee Kruse and Briana Scholar at The Employment Law Group.

  • Series

    Being An Equestrian Makes Me A Better Lawyer

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    Beyond getting experience thinking on my feet and tackling stressful situations, the skills I've gained from horseback riding have considerable overlap with the skills used to practice law, particularly in terms of team building, continuing education, and making an effort to reset and recharge, says Kerry Irwin at Moore & Van Allen.

  • Teach Your Party Representative The Art Of Nonverbal Cues

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    As illustrated by recent reports about President Donald Trump’s nonverbal communication in court, jurors notice what’s happening at counsel table, which may color their perceptions of the case as a whole, so trial attorneys should teach party representatives to self-monitor their nonverbal behaviors, says Clint Townson at Townson Consulting.

  • FTC Noncompete Ban Signals Rising Labor Focus In Antitrust

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    The Federal Trade Commission’s approval this week of a prohibition on noncompete agreements continues antitrust enforcers’ increasing focus on labor, meaning companies must keep employee issues top of mind both in the ordinary course of business and when pursuing transactions, say attorneys at Skadden.

  • Breaking Down EEOC's Final Rule To Implement The PWFA

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    Attorneys at Littler highlight some of the key provisions of the U.S. Equal Employment Opportunity Commission's final rule and interpretive guidance implementing the Pregnant Workers Fairness Act, which is expected to be effective June 18, and departures from the proposed rule issued in August 2023.

  • 4 Ways To Refresh Your Law Firm's Marketing Strategy

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    With many BigLaw firms relying on an increasingly obsolete marketing approach that prioritizes stiff professionalism over authentic connection, adopting a few key communications strategies to better connect with today's clients and prospects can make all the difference, say Eric Pacifici and Kevin Henderson at SMB Law.

  • How To Prepare As Employee Data Reporting Deadlines Near

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    As filing deadlines approach, government contractors and private companies alike should familiarize themselves with recent changes to federal and California employee data reporting requirements and think strategically about registration of affirmative action plans to minimize the risk of being audited, say Christopher Durham and Zev Grumet-Morris at Duane Morris.

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