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Employment
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November 12, 2024
3rd Circ. Says County Not Liable For Accused Harassers' Acts
The Third Circuit refused to give a Delaware county worker a second shot at his suit claiming one male colleague targeted him with homophobic and racist harassment and another sexually assaulted him, saying the worker didn't do enough to put the company on notice that it needed to intervene.
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November 12, 2024
NY Costco Junior Managers' Wage Statement Claim Tossed
Three junior Costco managers' declarations contradicted their proposed collective action claiming that the retail company's wage statements didn't allow them to determine whether they worked overtime, a New York federal judge ruled, trimming their suit.
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November 12, 2024
Justices Deny Nurse's Challenge To Labor Preemption
The U.S. Supreme Court turned away a California nurse's challenge to a state court decision rejecting an unfair firing suit Tuesday, declining to take another pass at what sort of labor-related suits plaintiffs may bring in court.
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November 12, 2024
MVP: deRubertis Law's David M. deRubertis
Worker-side lawyer David deRubertis, who runs his own firm, says he has helped workers win $526 million in damages from their employers in the past two years alone, earning him a spot as one of the 2024 Law360 Employment MVPs.
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November 12, 2024
TikTok Refused To Pay Sales Reps Overtime, Court Told
TikTok misclassified its inside sales representatives as overtime-exempt and declined to pay them overtime wages despite their often clocking in far more than 40 hours per week, two former employees told a California federal court.
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November 12, 2024
High Court Turns Away Fired Cop's Race Discrimination Suit
The U.S. Supreme Court refused Tuesday to review a Black police officer's suit alleging a New York town unlawfully fired her after she hurt her back, leaving in place the Second Circuit's determination that she lacked evidence of white men being treated better.
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November 08, 2024
Combs Suggests $50M Bail As He Loses Bid For Gag Order
Sean "Diddy" Combs on Friday again asked a New York federal court to release him ahead of his trial, suggesting an updated, "far more robust" $50 million bail package the same day the court rejected the hip-hop mogul's push for a gag order forbidding his sexual assault accusers from speaking out.
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November 08, 2024
NJ Ethics Board Escapes Contempt Bid In Retaliation Fight
A New Jersey judge Friday denied a former state health official's bid to hold a Garden State ethics agency in contempt over stalled discovery in his wrongful termination suit, ruling there was no basis for the court to conclude there was any type of willful conduct to not comply with a discovery order.
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November 08, 2024
BCBS Hit With $12.7M Verdict In Worker's Vax Mandate Suit
A Michigan federal jury on Friday awarded $12.69 million to a former Blue Cross Blue Shield of Michigan employee who said she was fired after her employer failed to accommodate her religious beliefs, which she said prevented her from getting the COVID-19 vaccine.
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November 08, 2024
Employment Authority: How Trump's Win May Impact NLRB
Law360 Employment Authority covers the biggest employment cases and trends. Catch up this week with coverage of how President-elect Donald Trump's second term could affect the National Labor Relations Board, lead to limits on workplace diversity, equity and inclusion programs and cause shifts in wage-and-hour policies that favor employers.
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November 08, 2024
Off The Bench: Mo. Betting, NCAA Budges, New Ohtani Drama
In this week's Off The Bench, Missouri becomes the latest state to legalize sports betting, an antitrust class action forces more changes to the NCAA's eligibility rules, and Shohei Ohtani's historic season spurs another memorabilia lawsuit.
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November 08, 2024
Ill. Judge Sends Abbott Safety Gear OT Suit To Ohio
Two Abbott Laboratories employees accusing the company of illegally failing to pay them for sanitary gear changes shouldn't litigate their claims in Chicago but rather Ohio, where a similar lawsuit they were previously part of is pending, an Illinois federal judge said.
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November 08, 2024
Ill. AG Strikes $11M Deal With DoorDash Over Driver Tips
DoorDash has agreed to pay $11.25 million to resolve a lawsuit accusing it of violating Illinois consumer protection law by misrepresenting to its users that drivers would keep 100% of their tips, according to a consent decree reached with the state.
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November 08, 2024
Ex-Elanco IP Lawyer Lodges Gender Discrimination Suit
A female former in-house intellectual property lawyer at Elanco Animal Health Inc. sued the pharmaceutical company for gender discrimination in Indiana federal court, alleging she was passed over for a promotion in favor of a less qualified man who later mistreated the women on staff.
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November 08, 2024
NYC Water Worker Alleges Retaliation For Off-Duty Pot Use
A municipal water treatment worker has filed a discrimination lawsuit against the New York City Department of Environmental Protection claiming he was wrongly punished for his legal off-duty use of cannabis and wrongly terminated for refusing to take a drug test when he was actually suffering a medical emergency.
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November 08, 2024
Pot Co. Employees Accuse Billionaire Owner Of Fraud
Former executives of troubled medical marijuana startup Parallel are suing its former CEO and heir to the Wrigley gum fortune, claiming the billionaire paid them in "worthless" shares that he overvalued, resulting in tax bills they can't afford.
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November 08, 2024
NC Forest Service Workers Defend OT Wage Suit Win
A group of state foresters urged the North Carolina Court of Appeals to affirm a trial court order requiring they be paid overtime for work combating forest fires, saying state agencies clearly agreed to compensate them at a rate of time-and-a-half of their regular pay under a reimbursement deal with the federal government.
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November 08, 2024
Ga. Man Says City Was Quick To Fire Him For Being 'Slow'
A 20-year employee of Roswell, Georgia, hit the Atlanta-area city with a disability discrimination lawsuit Thursday, claiming it fired him rather than accommodate his known cognitive disabilities aggravated by a workplace injury two decades earlier.
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November 08, 2024
Connecticut City Settles Health Administrator's Firing Suit
A Connecticut city has agreed to settle a federal lawsuit brought by a former healthcare administrator who said her immediate termination by hand-delivered letter violated her constitutional rights because she did not receive notice or an opportunity for a hearing.
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November 08, 2024
Florida Voters Fail To Show Injury From Prosecutor Suspension
A Florida good-government group's lawsuit challenging Gov. Ron DeSantis' suspension of a local prosecutor was dismissed on Friday, after a federal judge found that voters don't have a constitutional right to see elected officials serve out their full terms.
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November 08, 2024
Jackson Lewis Adds Veteran UB Greensfelder Atty In Ohio
Jackson Lewis PC has expanded its employment counseling and litigation capabilities in Cleveland with the addition of a longtime UB Greensfelder LLP attorney.
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November 08, 2024
Gov't Union Continues Organizing Push For DOJ Attys
Attorneys in the U.S. Department of Justice's civil rights and environment divisions are stepping up their efforts to organize with the National Treasury Employees Union, the union confirmed Friday, as federal workers brace for coming changes under President-elect Donald Trump's new administration.
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November 08, 2024
Ex-NJ Judge Gets More Time To Make Discrimination Case
A New Jersey court gave a former state workers' compensation judge challenging her removal from the bench more time to make her case, according to a court order.
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November 08, 2024
UK Litigation Roundup: Here's What You Missed In London
This past week in London has seen collapsed German airline Air Berlin take action against its former auditor KPMG, the associate editor at The Spectator hit with a libel claim by a mosque over the far-right riots that took place in August and British licensing authority the Performing Right Society sue Parklife Manchester and four other festival organizers. Here, Law360 looks at these and other new claims in the U.K.
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November 08, 2024
NLRB Ups Scrutiny Of Employer Statements On Union Impact
Employers that tell workers during organizing drives that having a union would cut off direct relationships with managers may violate federal labor law, the National Labor Relations Board said Friday in a decision reversing nearly 40-year-old precedent.
Expert Analysis
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Using Primacy And Recency Effects In Opening Statements
By understanding and strategically employing the primacy and recency effects in opening statements, attorneys can significantly enhance their persuasive impact, ensuring that their narrative is both compelling and memorable from the outset, says Bill Kanasky at Courtroom Sciences.
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Secret Service Failures Offer Lessons For Private Sector GCs
The Secret Service’s problematic response to two assassination attempts against former President Donald Trump this summer provides a crash course for general counsel on how not to handle crisis communications, says Keith Nahigian at Nahigian Strategies.
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A Primer On Navigating The Conrad 30 Immigration Program
As the Conrad 30 program opens its annual window to help place immigrant physicians in medically underserved areas, employers and physicians engaged in the process must carefully understand the program's nuanced requirements, say Andrew Desposito and Greg Berk at Sheppard Mullin.
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How Cos. Can Protect Supply Chains During The Port Strike
With dock workers at ports along the East and Gulf Coasts launching a strike that will likely cause severe supply chain disruptions, there are several steps exporters and importers can take to protect their businesses and mitigate increased costs, say attorneys at Thompson Hine.
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Litigation Inspiration: Honoring Your Learned Profession
About 30,000 people who took the bar exam in July will learn they passed this fall, marking a fitting time for all attorneys to remember that they are members in a specialty club of learned professionals — and the more they can keep this in mind, the more benefits they will see, says Bennett Rawicki at Hilgers Graben.
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4 Ways To Prepare For DOD Cyber Certification Rule
Given the U.S. Department of Justice's increased scrutiny of contractor compliance with cybersecurity requirements, it is critical that contractors take certain steps now in response to the U.S. Department of Defense's proposed Cybersecurity Maturity Model Certification implementation rule, say Townsend Bourne and Lillia Damalouji at Sheppard Mullin.
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Opinion
AI May Limit Key Learning Opportunities For Young Attorneys
The thing that’s so powerful about artificial intelligence is also what’s most scary about it — its ability to detect patterns may curtail young attorneys’ chance to practice the lower-level work of managing cases, preventing them from ever honing the pattern recognition skills that undergird creative lawyering, says Sarah Murray at Trialcraft.
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Key Takeaways From DOJ's New Corp. Compliance Guidance
The U.S. Department of Justice’s updated guidance to federal prosecutors on evaluating corporate compliance programs addresses how entities manage new technology-related risks and expands on preexisting policies, providing key insights for companies about increasing regulatory expectations, say attorneys at Debevoise.
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The Key Changes In Revised FDIC Hiring Regulations
Attorneys at Ogletree break down the Federal Deposit Insurance Corp.'s new rule, effective Oct. 1, that will ease restrictions on financial institutions hiring employees with criminal histories, amend the FDIC's treatment of minor offenses and clarify its stance on expunged or dismissed criminal records.
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Class Actions At The Circuit Courts: September Lessons
In this month's review of class action appeals, Mitchell Engel at Shook Hardy identifies practice tips from four recent class certification rulings involving denial of Medicare reimbursements, automobile insurance disputes, veterans' rights and automobile defects.
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How Lucia, Jarkesy Could Affect Grocery Merger Challenge
While the Federal Trade Commission is taking a dual federal court and administrative tribunal approach to block Kroger's merger with Alberstons, Kroger's long-shot unconstitutionality claims could potentially lead to a reevaluation of the FTC's reliance on administrative processes in complex merger cases, say attorneys at Saul Ewing.
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6 Tips For Trying Cases Away From Home
Excerpt from Practical Guidance
A truly national litigation practice, by definition, often requires trying cases in jurisdictions across the country, which presents unique challenges that require methodical preparation and coordination both within the trial team and externally, say Edward Bennett and Suzanne Salgado at Williams & Connolly.
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How NLRB Memo Balances Schools' Labor, Privacy Concerns
Natale DiNatale at Robinson & Cole highlights the recent National Labor Relations Board advice memorandum that aims to help colleges reconcile competing obligations under the National Labor Relations Act and the Family Educational Rights and Privacy Act as university students flock toward unionization.
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Employer Tips For PUMP Act Compliance As Law Turns 2
Enacted in December 2022, the Providing Urgent Maternal Protections for Nursing Mothers Act requires employers to provide reasonable break time and a private space for employees to express breast milk, but some companies may still be struggling with how to comply, say attorneys at Alston & Bird.
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A Blueprint For Structuring An Effective Plaintiff Case Story
The number and size of nuclear verdicts continue to rise, in part because plaintiffs attorneys have become more adept at crafting compelling trial stories — and an analysis of these success stories reveals a 10-part framework for structuring an effective case narrative, says Jonathan Ross at Decision Analysis.