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Employment
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January 03, 2025
FTC Dems Eye Merger Review, Noncompete Legacy
Federal Trade Commission Democrats started the new year with legacy on the brain, urging the soon-to-be Republican majority in a pair of statements to preserve their more "stringent approach" to merger review and their currently blocked ban on employment noncompete agreements, despite heavy criticism both received from their GOP peers.
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January 03, 2025
Apple Affiliate Operators Accused Of Evading Wage Judgment
The operators of an Apple-affiliated repair company are shirking their duties to pay a nearly $840,000 judgment to workers who secured a jury trial win in their wage and hour lawsuit and have threatened to claw back any money workers receive, a filing in North Carolina federal court said.
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January 03, 2025
Employment Authority: Wage Rules Facing Battles In 2025
Law360 Employment Authority covers the biggest employment cases and trends. Catch up this week with coverage on three Biden-era wage regulations that could face the chopping block in 2025 under a Trump presidency, a roundup of new discrimination laws that attorneys should know about heading into 2025, and how disputes over the National Labor Relations Board's constitutionality are moving forward in the new year.
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January 03, 2025
Budtender Says Tip Pool Suit Can Dodge Arbitration
A budtender accusing a cannabis company of mishandling tips told a Michigan federal court that the arbitration clause in his employment agreement lacks mutuality and doesn't cover his claims, arguing that his case should stay in court.
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January 03, 2025
NY Nursing Home Blames AG's 'Crusade' For Ch. 11
The owner of a 588-bed nursing facility on Long Island has filed for Chapter 11 protection in a New York bankruptcy court with more than $58 million in debt, saying it was the victim of a "crusade" and "smear campaign" launched by the state attorney general's office.
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January 03, 2025
Staples Faces Another Unpaid OT Pay Class Action In Calif.
Staples forced employees to work through breaks and regularly required them to do tasks like helping shoppers before clocking in and without being compensated, according to a proposed wage class action removed to California federal court Thursday, echoing similar wage violation claims alleged by Staples workers filed in the last year.
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January 03, 2025
Mich. Justices Asked To Ease Hospital Liability Standard
A patient has urged the Michigan Supreme Court to clear up the standards for when hospitals can be liable for the mistakes of doctors who treat patients as independent contractors, saying a recent decision by the state's intermediate appellate court added an unwarranted hurdle to holding hospitals responsible.
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January 03, 2025
LA Clippers Seek To Arbitrate Trainer's Firing Suit
The Los Angeles Clippers have asked a California state court to compel to arbitration a former trainer's lawsuit alleging he was fired for raising concerns about the health of star forward Kawhi Leonard.
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January 03, 2025
Migrant Aid Co., Ex-Worker Settle Race Bias Suit
A company that provides services to unaccompanied migrant children reached a settlement in Texas federal court resolving a Black former employee's claims she endured racist comments before being demoted and ultimately fired.
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January 03, 2025
Engineer Sues Amtrak, Milk Hauler Over Collision Injuries
An Amtrak engineer has sued the railroad company and a dairy cooperative in Colorado federal court for their alleged negligence in a train collision with a milk truck that left him with a permanent brain injury.
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January 03, 2025
Calif. Captive Audience Meeting Ban Hit With Legal Challenge
Two California business groups have filed a lawsuit challenging the state's new ban on so-called captive audience meetings, saying the statute is preempted by federal law and interferes with companies' constitutional rights to express their views on unionization.
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January 03, 2025
Attorney Sues Over Audit, Ouster From Title Insurer's Boards
Title insurer CATIC mishandled an audit of a law firm, sold services that didn't fix the alleged issues and ousted the firm's namesake attorney from the boards of two affiliated companies, a Connecticut real estate attorney has alleged in a 51-count complaint.
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January 03, 2025
Laborers Benefit Funds Get OK For $4.7M Class Settlement
A New York federal judge signed off on a $4.7 million settlement of a long-running dispute between a class of workers and two union benefit funds, giving final approval to a deal that ends 16 years of litigation over a transfer of money between funds in the 2000s.
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January 03, 2025
Physician Assistant Can't Avoid Suspension For Hiding Probe
An Ohio appeals court has affirmed sanctions the state's medical board gave a physician assistant for not disclosing his employer's investigation into sexual misconduct allegations against him, rejecting the argument he misunderstood his obligation to report it on his license renewal application.
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January 03, 2025
Calif. Panel Says PAGA Suits Always Have Individual Claims
A delivery worker's individual claims against Target's shipping partner under California's Private Attorneys General Act belong in arbitration, a state appellate panel said, disagreeing with a trial court's decision that her suit only had representative claims.
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January 03, 2025
Research Co. Can't Ax Affair Harassment Suit, Ex-Worker Says
A former worker for a clinical research company asked a Georgia federal judge to deny the company's bid to toss her harassment suit claiming a co-worker made sexual comments about her father and started sleeping with him, arguing the conduct was severe enough to keep her case alive.
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January 03, 2025
Delivery Drivers Win Class Status In Misclassification Suit
An Illinois federal judge greenlighted a 130-member class of truck delivery drivers who accuse a logistics company of misclassifying them as independent contractors, saying the workers are sufficiently similar even if some of them hired helpers.
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January 02, 2025
FTC Asks 5th Circ. To Revive Noncompete Ban
The Federal Trade Commission told the Fifth Circuit on Thursday the agency is authorized to make rules like the one that would ban enforcement of most employee noncompetes, arguing that a Texas district court took a "cramped view" of the agency's authority to promulgate rules that define unfair competition methods.
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January 02, 2025
9th Circ. Revives Cos.' Suit Over Unions' SeaWorld Lobbying
The Ninth Circuit on Thursday revived part of a hotel operator's suit accusing two unions of thwarting its efforts to develop two San Diego properties, saying the district court prematurely dismissed a claim that the unions abused their protest rights to stop a project at SeaWorld.
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January 02, 2025
'It Ends With Us' Director Sues NYT Over Blake Lively Story
"It Ends With Us" director and actor Justin Baldoni has filed a $250 million defamation lawsuit accusing The New York Times of amplifying co-star Blake Lively's "unverified and self-serving narrative" that he orchestrated a public relations smear campaign in retaliation for sexual harassment complaints.
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January 02, 2025
Uber Can't Hold Off Seattle Driver Deactivation Law
A Washington federal judge denied Uber's bid to temporarily bar the city of Seattle from enforcing new app-based worker account deactivation rules against it, finding the day before the challenged ordinance took effect that the company is unlikely to succeed in its claims of a First Amendment violation.
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January 02, 2025
9th Circ. Won't Revive Nonprofit's Union Dues Deduction Fight
The Ninth Circuit refused to reinstate a conservative nonprofit's suit accusing Teamsters unions representing Washington state employees of committing constitutional violations by allegedly ignoring the nonprofit's mail containing dues revocation cards, concluding that refusal to accept such mail isn't a state action, and the unions aren't state actors.
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January 02, 2025
9th Circ. Says Religious Carveout Sinks Kosher Worker's Suit
A religious exception shielding religious entities from certain claims applies to jobs at an Orthodox Jewish organization ensuring that food is kept kosher, the Ninth Circuit ruled, upholding the dismissal of a worker's lawsuit claiming he missed out on thousands of dollars in overtime pay.
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January 02, 2025
Mich. Justices OK Atty Fees As Legal Malpractice Damages
The Michigan Supreme Court has held that clients can recover legal fees incurred as a result of an attorney's malpractice, finding that such fees are not barred by the American rule, under which parties to litigation must generally bear their own legal costs.
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January 02, 2025
Ex-Defender Asks 4th Circ. To Force Back Harvard Profs, Attys
A former assistant public defender in North Carolina who lost her case accusing the judiciary of violating her equal protection and due process rights has doubled down on an attempt to reinstate her legal team of Harvard Law School professors and litigators who abruptly abandoned the case just before trial.
Expert Analysis
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Litigation Inspiration: Reframing Document Review
For attorneys — new ones especially — there is much fulfillment to find in document review by reflecting on how important, interesting and pleasant it can be, says Bennett Rawicki at Hilgers Graben.
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7th Circ. Travel Time Ruling Has Far-Reaching Implications
In a case of first impression, the Seventh Circuit’s recent holding in Walters v. Professional Labor Group will have significant implications for employers that must now provide travel time compensation for employees on overnight assignments away from home, says Anthony Sbardellati at Akerman.
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Pa. Ruling Highlights Challenges Of Employer Arb. Appeals
A Pennsylvania federal court's recent ruling in Welch Foods v. General Teamsters Local Union No. 397 demonstrates the inherent difficulties employers face when seeking relief from labor arbitration decisions through appeals in court — and underscores how employers are faced with often conflicting legal priorities, says Daniel Johns at Cozen O'Connor.
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7 Ways To Prepare For An I-9 Audit Or Immigration Raid
Because immigration enforcement is likely to surge under the upcoming Trump administration, employers should take steps to ensure their staff is trained in employment eligibility verification requirements and what to do in the event of an Immigration and Customs Enforcement I-9 audit or workplace raid, say attorneys at Littler.
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Args In 2 High Court Cases May Foretell Clarity For Employers
Mary Anna Brand at Maynard Nexsen examines possible employment implications of two cases argued before the Supreme Court this fall, including a higher bar for justifying employees as overtime exempt under the Fair Labor Standards Act, and earlier grants of prevailing party status for employee-plaintiffs seeking attorney fees.
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California Supreme Court's Year In Review
Attorneys at Horvitz & Levy highlight notable decisions on major questions from the California Supreme Court's last term, including voter initiatives, hostile work environment and the economic loss rule.
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Disentangling Various Forms Of Workplace Discrimination
Pay inequity can be missed where it exists and misidentified due to incorrect statistics, leaving individuals to face multiple facets of discrimination connected by a common root cause, meaning correct identification and measurement is crucial, says Daniel Levy at Advanced Analytical.
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What Lawyers Can Learn From High School AI Suit
A pending Massachusetts lawsuit regarding artificial intelligence use in an academic setting underscores the need for attorneys to educate themselves on AI technology and tools that affect their clients so they can advise on establishing clear expectations and limits around the permissible use of AI, say attorneys at Hinckley Allen.
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Calif. Ruling May Shield Public Employers From Labor Claims
In Stone v. Alameda Health System, the California Supreme Court recently exempted a county hospital from state-mandated rest breaks and the Private Attorneys General Act, granting government employers a robust new bulwark against other labor statutes by undermining an established doctrine for determining if a law applies to public entities, say attorneys at Hunton.
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Best Practices For Effective Employee Assistance Programs
Employee assistance programs can be a powerful tool for establishing health and wellness initiatives in workplaces, and certain implementation steps can help both employers and workers gain maximum benefit from EAPs, say attorneys at Foley & Lardner.
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Series
Flying Makes Me A Better Lawyer
Achieving my childhood dream of flying airplanes made me a better lawyer — and a better person — because it taught me I can conquer difficult goals when I leave my comfort zone, focus on the demands of the moment and commit to honing my skills, says Ivy Cadle at Baker Donelson.
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NLRB One-Two Punch Curbs Employer Anti-Organizing Tools
The National Labor Relations Board’s recent decisions in Siren Retail and Amazon, limiting employer speech about the impact of unionization and outlawing captive audience meetings, severely curtail employers' arsenal of tools to combat an organizing campaign — though this may soon change under a new administration, say attorneys at Benesch.
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Key Requirements In New Maryland Pay Transparency Laws
Although several jurisdictions now require pay transparency in job advertisements, Maryland's new law is among the broadest in the country, both in terms of what is required and the scope of its applicability, says Sarah Belger at Quarles & Brady.
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What Trump's Next Term May Mean For Biz Immigration
Leonard D'Arrigo at Harris Beach discusses the employment-based immigration policies businesses can potentially expect during President-elect Donald Trump’s second term, based on policies enacted during his first administration, statements made during his campaign and proposals in Project 2025.
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Lessons From EEOC Case Of Fla. Worker Fired After Stillbirth
A recent federal court settlement between a Florida resort and a fired line cook shows that the U.S. Equal Opportunity Employment Commission sees stillbirth as protected under the Pregnant Workers Fairness Act, also providing four other important lessons, says Gordon Berger at Pierson Ferdinand.