Try our Advanced Search for more refined results
Employment
-
December 10, 2024
BNSF Railway On The Hook For $2.7M Spinal Injury Verdict
BNSF Railway Co. can not escape a $2.75 million jury verdict that found it had negligently caused a worker's permanent spinal injuries, a Missouri appeals court ruled Tuesday, saying the trial court made no mistake when telling jurors to consider both the safety conditions of the train and reflective vest.
-
December 10, 2024
Tool Co. Fights Bid To DQ Law Firm In Whistleblower Case
A tool company pushed back on a bid to disqualify a Smith Gilliam Williams & Miles PA attorney from representing it in a former employee's False Claims Act suit, saying documents made available to the firm when a different firm attorney represented the ex-employee in a domestic matter have no bearing on the case.
-
December 10, 2024
AFL-CIO Backs DOL In Effort To Keep H-2A Labor Rule Alive
The AFL-CIO on Tuesday backed the U.S. Department of Labor's efforts to toss a suit in North Carolina federal court challenging the department's final rule protecting union-related activities for agricultural workers on seasonal H-2A visas, saying that it doesn't violate federal labor law.
-
December 10, 2024
Insurer Eyes Dismissal Of Pot Co. Trulieve's Coverage Case
An insurance company that is a unit of Berkshire Hathaway is arguing that it has no obligation to defend Trulieve Inc., which is being sued over a cannabis worker's death, urging a federal judge to toss the lawsuit brought by the largest medical marijuana operator in Florida.
-
December 10, 2024
Split 9th Circ. Won't Revive Tesla Worker's Whistleblower Suit
A split Ninth Circuit refused to revive a terminated Tesla worker's Sarbanes-Oxley whistleblower claim alleging he was retaliated against for reporting unlawful activity, ruling on Tuesday the worker is precluded from re-litigating in district court whether he engaged in protected activity, since an arbitrator already decided that he did not.
-
December 10, 2024
Ex-CEO Argues Arbitrator's Failure To Disclose Sinks Award
A former CEO of Canadian biopharmaceutical company FSD Pharma Inc. who sued after he was terminated is urging the Third Circuit to reverse a lower court's decision confirming an unfavorable Canadian arbitral award, asserting the arbitrator concealed an extensive prior relationship with the company.
-
December 10, 2024
9th Circ. Judge Criticizes SF's 'Arbitrary' COVID Vax Mandate
A Ninth Circuit panel doubted Tuesday whether a district judge followed the appellate panel's prior order requiring him to reconsider ex-San Francisco public employees' injunction bid in their civil rights case challenging the city's COVID-19 vaccination mandate, with one judge criticizing the city's since-expired worker vax mandate as "arbitrary."
-
December 10, 2024
6th Circ. Judges Doubt Engineers' Claims Avoid Labor Act
Sixth Circuit judges on Tuesday sounded skeptical that a group of auto engineers' claims over a bribery scheme between the United Auto Workers union and Fiat Chrysler, which the engineers allege negatively affected their employment, wouldn't be based on their collective bargaining agreement and thus preempted by federal labor law.
-
December 10, 2024
Biz Owner In $2.8M Worker Tax Scheme Gets 18 Months
A construction company owner who failed to pay $2.8 million in employment taxes by falsely claiming his workers were subcontractors was sentenced to 18 months in prison Tuesday and ordered to pay full restitution, according to Massachusetts federal court documents.
-
December 10, 2024
NJ Panel Revives Union's Suit Over Sick Leave Policies
A New Jersey appeals court upended Jersey City's win in a firefighters union's lawsuit challenging two city policies pertaining to sick leave, finding Tuesday the union put forward enough information to defeat the city's dismissal bid.
-
December 10, 2024
'Figurehead Plaintiff' Dooms Cert. In Hotel Workers' BIPA Suit
An Illinois federal judge refused Tuesday to certify a class of hotel workers accusing software provider Unifocus of violating Illinois' landmark biometric privacy law, saying their class representative had become a "forbidden figurehead plaintiff" who didn't see the operative complaint until more than three years into the litigation.
-
December 10, 2024
9th Circ. OKs Dues Language In Allegiant Union Contract
Allegiant Air and a Transport Workers Union local can keep their victory over a challenge to the dues provision of their collective bargaining agreement, the Ninth Circuit ruled Tuesday, upholding a California federal judge's ruling that the provision's language is legal under the Railway Labor Act.
-
December 10, 2024
DHS Makes Automatic Work Permit Extensions Permanent
The U.S. Department of Homeland Security said Tuesday it's permanently increasing the automatic extension period for expiring work authorization to 540 days, giving a boost to eligible immigrant workers who may otherwise confront a lapse in their permission to work.
-
December 10, 2024
Labcorp Accuses Ex-Sales Exec Of Stealing Customers
Laboratory Corp. of America Holdings took its former sales marketing executive to North Carolina federal court, along with his new employer, claiming that the worker has been violating his noncompete and nonsolicitation agreements by poaching Labcorp's customers and using its confidential information against it.
-
December 10, 2024
NJ Atty Hits Law Firm With Pregnancy Bias, Retaliation Suit
A New Jersey lawyer has been hit with pregnancy discrimination and whistleblower claims by a former attorney at his firm who alleges that she was punished after announcing her pregnancy and for reporting what she believed to be fraudulent billing practices.
-
December 10, 2024
Diddy's Antagonist, Atty Buzbee, Accused Of Bilking Seaman
Houston personal injury lawyer Tony Buzbee — known lately for bringing sexual assault lawsuits against music mogul Sean "Diddy" Combs — didn't bring the "glitz and bravado" of his high profile law practice to his representation of an injured Louisiana seaman, according to a new federal lawsuit accusing Buzbee and his firm of fraud.
-
December 10, 2024
Ex-NJ Workers' Comp Judge Loses Appeal Over Removal
The New Jersey state appeals court on Tuesday affirmed the removal of a workers' compensation judge in part over comments she made calling fellow judges "snake" and "thief," finding Gov. Phil Murphy followed the applicable rules in taking her off the bench.
-
December 10, 2024
Staffing Co., EEOC Ink $300K Deal In Hiring Bias Suit
A construction staffing company in Minnesota will pay $300,000 to end a U.S. Equal Employment Opportunity Commission suit alleging it wouldn't find work for women, Black people or older people and prompted a worker who complained about it to resign, according to a federal court filing Tuesday.
-
December 10, 2024
Atty Avoids Suspension For Threatening To Sue Associate
The managing partner of a Hartford, Connecticut, personal injury and employment law firm has escaped a proposed one-year suspension after he admitted that he threatened to sue a departing associate and his new firm, with a judge calling an ethics opinion unclear and concluding the partner already learned his lesson.
-
December 10, 2024
Paralegal Defends Hawley Troxell Wage, Termination Claims
A former paralegal for Hawley Troxell Ennis & Hawley LLP has asked an Idaho federal judge to reject a bid to dismiss wage and wrongful termination claims from her suit against the firm, arguing that it failed to take into account the entire scope of the wage claim.
-
December 10, 2024
Calif. Tribe Can't Vacate Card Check Award, Judge Says
An arbitration award requiring UNITE HERE and a California tribe that owns a casino to follow a representation process with a card check procedure stands, a federal district court judge ruled, finding the arbitrator's decision was rational.
-
December 10, 2024
NLRB Reworks Standard For Employers' Unilateral Changes
The National Labor Relations Board made it more difficult Tuesday for employers to make changes to their employees' working conditions without approval from their union, replacing a Trump-era standard that strengthened management rights clauses in labor contracts.
-
December 10, 2024
Atty Recommended For Sanctions After 'Bad Faith' Filings
A Florida magistrate judge has recommended sanctioning an attorney representing a franchisee in a contract dispute with CBD American Shaman LLC, saying his duplicate filings — including four motions to reconsider a single order — amount to bad faith.
-
December 10, 2024
NLRB Judge Protections Get Ax In Constitutional Challenge
A Washington, D.C., federal judge on Tuesday sided with a Massachusetts hospital in its challenge to National Labor Relations Board judges' job protections, saying the board's judges must be removable at will, but stopping short of holding that their protections are a basis for blocking cases they're currently hearing.
-
December 09, 2024
Ex-Savannah State University Professor Sues For Racial Bias
A Chinese-born former business professor at Savannah State University has filed suit in Georgia federal court alleging the university engaged in racial discrimination by failing to renew her teaching contract and then retaliating when she complained.
Expert Analysis
-
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.
-
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.
-
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.
-
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.
-
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.
-
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.
-
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.
-
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.
-
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.
-
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.
-
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.
-
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.
-
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.
-
Opinion
Litigation Funding Disclosure Key To Open, Impartial Process
Blanket investor and funding agreement disclosures should be required in all civil cases where the investor has a financial interest in the outcome in order to address issues ranging from potential conflicts of interest to national security concerns, says Bob Goodlatte, former U.S. House Representative for Virginia.
-
Comparing 5 Administrators' Mass Arbitration Procedures
Attorneys at DLA Piper compare the rules for mass arbitrations at five different arbitration providers — Judicial Arbitration and Mediation Services, American Arbitration Association, National Arbitration and Mediation, FedArb and New Era ADR — including their triggers, claim screening procedures, how and when they assess fees, and more.