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Employment
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July 18, 2024
Property Co. Settles Ex-Manager's Race Bias Suit
A Black former apartment complex manager who accused her ex-employer of putting her in charge of a struggling development because of her race and then firing her for complaining about the situation told a Pennsylvania federal court that her claims had been settled.
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July 17, 2024
SF Vax-Mandate Case Will Go To New Jury After Partial Verdict
A California federal jury considering claims that the San Francisco Bay Area Rapid Transit District discriminated against employees who sought religious exemptions from the train agency's COVID-19 mandate rendered a partial verdict Wednesday but hung on a key question, leaving the case unresolved and setting the stage for another trial.
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July 17, 2024
'Good Try': EEOC Can't Stop Tesla Talking To Putative Class
A California federal judge Wednesday rejected the U.S. Equal Employment Opportunity Commission's bid to bar Tesla from speaking to all putative class members in its lawsuit alleging the carmaker allowed rampant racism to overtake a California factory, rejecting the request while telling its attorney, "Good try, though."
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July 17, 2024
MTA Sued For Bus Service Cuts After Congestion Plan Nixed
New York City's Public Advocate hit the Metropolitan Transportation Authority with a proposed state court class action Wednesday aimed at reversing bus service cuts implemented after Gov. Kathy Hochul abruptly canceled plans for congestion pricing, slashing billions in anticipated revenue for the MTA.
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July 17, 2024
NJ Casino Must Face Demoted Slots Director's Bias Suit
A New Jersey appellate panel Wednesday restored a former Resorts Casino Hotel employee's disability discrimination and retaliation lawsuit, finding that it was unclear if he was disabled after he suffered severe burns in an explosion aboard his boat.
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July 17, 2024
FTC Cites 3rd Circ. In Defending Noncompete Ban
The Federal Trade Commission has continued to argue against a preliminary injunction a tree services company wants against its noncompete ban, directing a Pennsylvania federal judge to look at a Third Circuit decision from the day before calling for a high bar on initial court blocks absent immediate and permanent harm.
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July 17, 2024
Timken Fired Plant Manager Over DEI Push, Conn. Suit Says
A former plant manager says in a Connecticut federal lawsuit that a division of Ohio-based roller bearing supplier Timken violated workplace free speech laws by firing him for citing his own multiracial family while discussing with colleagues his beliefs about the importance of diversity, equity and inclusion initiatives.
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July 17, 2024
Producer Petitions 2nd Circ. To Revive Blacklisting Suit
A Broadway producer accusing an actor and stage workers union of unlawfully blacklisting him following a labor dispute over a musical has asked the Second Circuit for another chance to revive the claims.
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July 17, 2024
Medical Info Co. Hit With NJ Sex Bias Claims By Ex-Director
Medical education company VuMedi Inc. has been hit with a sex discrimination suit in New Jersey federal court by the company's former director of medical education, who alleged that her supervisor told her he did not have high expectations for her because she is a mother.
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July 17, 2024
United, Union Pacific Must Face Genetic Privacy Suits
United Airlines and Union Pacific Railroad must face proposed class claims that they violated applicants' genetic information privacy rights by requiring them to disclose their family medical history during the hiring process, an Illinois federal judge said in separate orders Tuesday.
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July 17, 2024
Nexstar Aims To Ax Ex-Workers' Pride Memo Defamation Suits
Nexstar Media Group moved Wednesday to dismiss two Michigan federal defamation lawsuits brought by television news managers who were fired after disseminating a memo urging reporters to tone down and balance Pride Month coverage, arguing that both suits lack proof that false and reckless statements were made.
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July 17, 2024
9th Circ. Says Egypt Law Unsuited For Wash. Worker Case
The Ninth Circuit said on Tuesday that Washington employment law applies to a worker's wrongful termination claims against Fivos Inc., stymieing the worker's attempt to apply Egyptian labor law because she had worked from the country.
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July 17, 2024
Railroad Can't Halt Damages Bid After Union Drive Firings
Two workers who were fired after backing a union organizing effort can continue seeking punitive and compensatory damages against a railroad, a Colorado federal district court ruled, supporting a magistrate judge's conclusion that blocking the damages request would "eliminate a significant deterrent."
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July 17, 2024
CVS, Job Applicant Report Settlement In AI Lie Detector Suit
CVS Health Corp. has reached a tentative settlement in a proposed class action accusing the retail pharmacy chain of secretly using artificial intelligence that functions as a lie detector in its online job applications, according to a filing in Massachusetts federal court Wednesday.
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July 17, 2024
Aviation Co. Didn't Waive Arbitration In Wage Suit
An aviation company did not waive its rights to raise the arbitration flag in a suit claiming it failed to pay workers for missed rest and meal breaks because it pointed to their agreements several times, a California federal judge ruled.
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July 17, 2024
Ministerial Exception Ends Buddhist's ADA Suit At 9th Circ.
The Ninth Circuit backed the dismissal Wednesday of a former Buddhist apprentice's suit claiming his temple failed to accommodate his PTSD, knocking down arguments that the menial work he completed in his role prevented his claims from being nullified by a ministerial exception to anti-bias law.
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July 17, 2024
UMich Ducks Black Law Prof's Bias, Retaliation Suit
A Michigan federal judge released the University of Michigan on Wednesday from a Black law professor's lawsuit accusing the school of harshly disciplining her after she complained about race discrimination, saying she failed to rebut the university's argument that she was punished because she threatened staff members.
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July 17, 2024
Yellow Corp. Says It Has No Pension Withdrawal Liabilities
Bankrupt trucking firm Yellow Corp. hit back at a motion for summary judgment sought by multiple pension funds including Central States Pension Fund, telling a Delaware bankruptcy court that it has no withdrawal liability for backing out of a multistate pension fund for truckers.
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July 17, 2024
Colo. Firm Says Ex-Director Stole Clients While On Payroll
Colorado boutique Whitcomb Selinsky PC is accusing one of its former directors of trying to steal clients while he was still employed with the firm to take with him to his new practice.
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July 17, 2024
6th Circ. Skeptical About Nixing Diver's Harassment Verdict
The Sixth Circuit appeared inclined Wednesday to uphold a $58,000 verdict awarded to a commercial diver who accused an environmental cleanup company of subjecting her to harassment and belittlement, with several judges expressing doubt about superseding the jury's conclusion.
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July 17, 2024
After #MeToo, Report Suggests Judiciary Workplace Reforms
A report released on Wednesday makes 34 suggested reforms for the federal judiciary to better protect its approximately 30,000 employees, including clerks, building off changes made following the #MeToo movement.
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July 17, 2024
Feds Ask To Quash OneTaste Exec's Netflix, Vice Subpoenas
Prosecutors on Wednesday asked a Brooklyn federal judge to nullify what they called overbroad subpoenas filed by an executive of the sexual wellness company OneTaste seeking information from major media companies including Vice and Netflix in connection with a forced-labor case.
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July 17, 2024
Ogletree Deepens Miami Bench With Fox Rothschild Labor Pro
Labor and employment law firm Ogletree Deakins Nash Smoak & Stewart PC announced Wednesday that it has added a partner in Miami with decades of experience who joined from Fox Rothschild LLP.
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July 17, 2024
Ex-Partners Fight 'Cynical' Lin Wood's Judge DQ Attempt
Former colleagues of retired Georgia attorney Lin Wood slammed a bid to have the judge presiding over a defamation trial next month disqualified over his ties to Alston & Bird LLP, calling the effort "another last-minute, 'Hail Mary' attempt to delay the upcoming trial."
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July 17, 2024
Fiat Chrysler, Workers To Mediate OT Dispute
A Michigan federal judge agreed to hit pause on a proposed class and collective action accusing Fiat Chrysler of failing to fully pay workers overtime while the parties engage in mediation.
Expert Analysis
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Cos. Must Stay On Alert With Joint Employer Rule In Flux
While employers may breathe a sigh of relief at recent events blocking the National Labor Relations Board's proposed rule that would make it easier for two entities to be deemed joint employers, the rule is not yet dead, say attorneys at Day Pitney.
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4 Arbitration Takeaways From High Court Coinbase Ruling
The U.S. Supreme Court's May 23 decision in Coinbase v. Suski, which provides clarity to parties faced with successive contracts containing conflicting dispute resolution provisions, has four practical impacts for contracting parties to consider, say Charles Schoenwetter and Eric Olson at Bowman and Brooke.
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Series
Playing Music Makes Me A Better Lawyer
My deep and passionate involvement in playing, writing and producing music equipped me with skills — like creativity, improvisation and problem-solving — that contribute to the success of my legal career, says attorney Kenneth Greene.
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Lessons In High-Profile Jury Selection Amid NY Trump Trial
Richard Gabriel and Michelle Rey LaRocca at Decision Analysis consider how media exposure can affect a prospective juror in a high-profile case, the misunderstood nature of bias, and recommendations for jury selection in these unique situations as the Trump hush money trial continues in New York.
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How Attys Can Avoid Pitfalls When Withdrawing From A Case
The Trump campaign's recent scuffle over its bid to replace its counsel in a pregnancy retaliation suit offers a chance to remind attorneys that many troubles inherent in withdrawing from a case can be mitigated or entirely avoided by communicating with clients openly and frequently, says Christopher Konneker at Orsinger Nelson.
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One Contract Fix Can Reduce Employer Lawsuit Exposure
A recent Fifth Circuit ruling that saved FedEx over $365 million highlights how a one-sentence limitation provision on an employment application or in an at-will employment agreement may be the easiest cost-savings measure for employers against legal claims, say Sara O'Keefe and William Wortel at BCLP.
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Using A Children's Book Approach In Firm Marketing Content
From “The Giving Tree” to “Where the Wild Things Are,” most children’s books are easy to remember because they use simple words and numbers to tell stories with a human impact — a formula law firms should emulate in their marketing content to stay front of mind for potential clients, says Seema Desai Maglio at The Found Word.
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The State Of Play In DEI And ESG 1 Year After Harvard Ruling
Almost a year after the U.S. Supreme Court decided Students for Fair Admissions v. Harvard, attorney general scrutiny of environmental, social and governance-related efforts indicates a potential path for corporate diversity, equity and inclusion initiatives to be targeted, say attorneys at Crowell & Moring.
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FTC Noncompete Rule Risks A Wave Of State AG Actions
The Federal Trade Commission's final rule language banning noncompetes may contribute to a waterfall enforcement effect in which state attorneys general deploy their broad authority to treat noncompetes as separate and independent violations, say Ryan Strasser and Carson Cox at Troutman Pepper.
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How To Use Exhibits Strategically Throughout Your Case
Exhibits, and documents in particular, are the lifeblood of legal advocacy, so attorneys must understand how to wield them effectively throughout different stages of a case to help build strategy, elevate witness preparation and effectively persuade the fact-finders, say Allison Rocker at Baker McKenzie and Colorado prosecutor Adam Kendall.
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Series
Being An EMT Makes Me A Better Lawyer
While some of my experiences as an emergency medical technician have been unusually painful and searing, the skills I’ve learned — such as triage, empathy and preparedness — are just as useful in my work as a restructuring lawyer, says Marshall Huebner at Davis Polk.
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Behind Court Challenges To The FTC's Final Noncompete Rule
The Federal Trade Commission's recent final rule banning noncompetes may not go into effect any time soon amid a couple of Texas federal court challenges seeking to bar the rule's implementation, which will likely see appeals all the way to the U.S. Supreme Court, says Michael Elkins at MLE Law.
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15 Quick Tips For Uncovering And Mitigating Juror Biases
As highlighted by the recent jury selection process in the criminal hush money trial against former President Donald Trump, juror bias presents formidable challenges for defendants, and attorneys must employ proactive strategies — both new and old — to blunt its impact, say Monica Delgado and Jonathan Harris at Harris St. Laurent.
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Corporate Insurance Considerations For Trafficking Claims
With the surge in litigation over liability under the Trafficking Victims Protection Reauthorization Act, corporate risk managers and in-house counsel need to ensure that appropriate insurance coverage is in place to provide for defense and indemnity against this liability, says Micah Skidmore at Haynes Boone.
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High-Hazard Retailers: Are You Ready For OSHA Inspections?
In light of a bill introduced this month in Congress to protect warehouse workers, relevant employers — including certain retailers — should remain aware of an ongoing Occupational Safety and Health Administration initiative that has increased the likelihood of inspection over the next couple of years, say Julie Vanneman and Samantha Cook at Dentons Cohen.