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Employment
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December 13, 2024
Off The Bench: PE Buys In On NFL, WWE Abuse Suit Back On
In this week's Off The Bench, two teams usher in a new era for the NFL by bringing in private equity investors, a suit accusing the WWE and Vince McMahon of sexual abuse and trafficking picks back up while a federal investigation continues, and a private equity giant and NHL owner passes away.
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December 13, 2024
Greenberg Traurig Gains ArentFox Schiff Labor Pro In Calif.
Greenberg Traurig LLP has expanded its labor and employment practice with a new shareholder in California who came aboard from ArentFox Schiff LLP, fortifying the firm's ability to meet client's needs in the practice area.
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December 13, 2024
DOL Orders Asia Pacific To Pay $2M To Ex-Pilot Whistleblower
Asia Pacific Airlines must pay a former pilot over $2 million in wages, damages and attorney fees, as the Occupational Safety and Health Administration found that the airline had ignored his complaints about the safety of a cargo plane before ultimately firing him, the Department of Labor said.
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December 13, 2024
Cannabis Co. Says Budtender Must Arbitrate Tip Pool Suit
A cannabis company urged a Michigan federal court to nix a lawsuit by a budtender accusing it of implementing a mandatory tip pool that was shared with supervisors, saying the worker signed a valid arbitration agreement that keeps this case out of court.
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December 13, 2024
Helicopter Co. Calls Whistleblower Suit 'Premature'
Sikorsky Aircraft Corp. told a Connecticut state court that a self-described well-known whistleblower failed to turn to the Occupational Safety and Health Administration before filing a lawsuit that accuses the company of firing him for reporting wage and hour and environmental violations, and it urged the court to toss the suit.
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December 13, 2024
11th Circ. Won't Revive Cop's Bias Case Over COVID Policies
The Eleventh Circuit backed a win for Birmingham, Alabama, in a lawsuit claiming it assigned a police officer to the city jail as punishment for requesting an exemption from pandemic face mask policies because of his anxiety, finding he hadn't shown the city was motivated by bias.
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December 13, 2024
White House Reviewing 2nd Half Of H-1B Modernization Rule
With just over a month to go before the inauguration, the White House is reviewing the second half of a regulation to overhaul the H-1B temporary visa program for specialty occupations, the last step before the rule can be finalized.
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December 13, 2024
Workers Hit Cisco With Claims Of Anti-Palestinian Bias
A group of current and former Cisco workers lodged charges with workplace discrimination and labor regulators accusing the company of allowing Palestinian employees to be harassed for criticizing its decision to provide technology to the Israeli military in its war with Hamas.
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December 12, 2024
Diddy Hit With 3 New Sexual Assault Suits In NY
Three men Thursday filed new suits against Sean "Diddy" Combs, each claiming that the hip-hop mogul got them drunk, drugged them and raped them in recent years, according to complaints filed in New York County Supreme Court.
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December 12, 2024
WGA Urges Major Studios To Take Legal Action Over AI 'Theft'
The Writers Guild of America on Wednesday called on several major entertainment studios to swiftly take legal action against technology companies they assert are stealing writers' works to train artificial intelligence systems and making billions of dollars from the "wholesale theft."
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December 12, 2024
Full 9th Circ. To Rehear Late BNSF Worker's Retaliation Claims
The full Ninth Circuit on Thursday agreed to reconsider retaliation allegations against BNSF Railway Co. brought by the estate of a former BNSF conductor claiming the railroad terminated him, in part, because he conducted a safety test.
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December 12, 2024
Judge Says Pay Owed After Texas Co. Benched H-1B Worker
A Department of Labor judge said a Houston engineering company owes a former H-1B worker nearly $57,000 in wages since it "benched" the worker without pay for months after a third-party contract collapsed during the COVID-19 pandemic.
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December 12, 2024
Wells Fargo Faces ADA Suit Over Post-COVID Office Mandate
Wells Fargo Bank NA faces a suit brought by a 20-year employee alleging she faced discrimination for working remotely due to health issues as the company sought to bring its workers back to in-person work on the heels of the coronavirus pandemic.
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December 12, 2024
Atlanta Private School Should Beat Racism Claim, Judge Says
A Georgia federal magistrate judge has suggested that an educator's race bias suit against an affluent Atlanta private school be tossed, writing that the former preschool director failed to convincingly argue she was fired over her writing an article on discrimination in education.
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December 12, 2024
Chemical Co. Cuts $300K Deal To End Unpaid Wage Suit
A Pennsylvania chemical company and a former worker who accused it of violating state and federal wage laws by requiring uncompensated preshift work of its employees came together and asked a Keystone State judge to approve a $300,000 settlement for the proposed class action.
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December 12, 2024
Insurer Must Defend Texas Oilfield Against Burned Worker
An insurer must continue to defend an oilfield services company in a suit brought by a severely burned worker seeking over $1 million for his injuries, a Texas federal court ruled, finding nothing in his short complaint triggered exclusions.
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December 12, 2024
Amazon Can't Nix Class, Collective Claims In Pay Bias Suit
A Washington federal judge on Thursday said Amazon cannot throw out proposed class and collective claims that it systematically paid women less than their male counterparts, saying the case is not "so hopeless" that certification is impossible down the road.
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December 12, 2024
Garth Brooks Can't Yet Move Rape Claims Out Of California
A California federal judge has denied, for now, Garth Brooks' bid to toss his former hair and makeup artist's Los Angeles rape suit in favor of dealing with the allegations in the Mississippi court where the country music star is leveling related extortion claims.
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December 12, 2024
Ex-Mich. Football Stars Eye 'Early' Class Cert. In $50M NIL Suit
Former University of Michigan football players seeking more than $50 million from the NCAA and Big Ten Network asked a judge to certify their proposed student-athlete class on Thursday, while noting it was "admittedly early" in the case to do so.
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December 12, 2024
Sam Adams Maker Using 'Draconian' Noncompete, Court Told
A former Boston Beer Co. sales worker told a Massachusetts federal judge on Thursday that the Sam Adams brewer is aggressively enforcing noncompete agreements that don't comply with state law.
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December 12, 2024
Lawmaker Sues Over Firing For Remarks On Jewish Rival
Outgoing Connecticut State Rep. Anabel Figueroa, a Democrat representing Stamford, is suing her ex-employer Nuvance Health Inc. claiming it wrongly fired her over purportedly antisemitic comments she made in a radio interview about her successful primary challenger that she said were taken out of context.
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December 12, 2024
'Love Is Blind' Cast Members Are Employees, NLRB GC Says
Cast members of the Netflix reality series "Love Is Blind" are employees under federal labor law, the NLRB's Minneapolis office alleged in a complaint obtained by Law360, claiming the producers have unlawful provisions in agreements demanding thousands of dollars if participants quit the reality show or breach the pacts.
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December 12, 2024
Sony, Bungie Face $200M Defamation Suit Over Exec's Ouster
Former Bungie Inc. gaming software director and designer Christopher Barrett sued the company and parent Sony Interactive Entertainment LLC for $200 million in damages in Delaware's Court of Chancery on Thursday, claiming defamation and constructive dismissal while accusing the companies of leaking false sexual misconduct allegations.
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December 12, 2024
Hartford Needn't Defend Contractor In Workplace Injury Suit
A Hartford unit has no duty to defend an electrical contractor against an employee's workplace injury suit, the New Jersey Supreme Court ruled Thursday, saying the underlying negligence- and intent-based claims don't fall within the scope of a workers' compensation and employers' liability policy.
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December 12, 2024
Saul Ewing Named In Wage Class Reps' Hidden-Asset Suit
A Pittsburgh-based home health care company and its counsel from Saul Ewing LLP are improperly shuffling assets in order to avoid paying future judgments, according to a lawsuit by representatives of a proposed wage class seeking $12.2 million.
Expert Analysis
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What 2024 Trends In Marketing, Comms Hiring Mean For 2025
The state of hiring in legal industry marketing, business development and communications over the past 12 months was marked by a number of trends — from changes in the C-suite to lateral move challenges — providing clues for what’s to come in the year ahead, says Ben Curle at Ambition.
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Wage Whiplash: Surviving A Compliance Roller Coaster
As the transition to the Trump administration causes mounting uncertainty about federal wage and hour policies, employers can transform compliance challenges into opportunities for resilience and growth by taking key steps to comply with stricter state and local requirements, says Lee Jacobs at Barclay Damon.
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How Attorneys Can Master The Art Of Eye Contact At Trial
As a growing body of research confirms that eye contact facilitates communication and influences others, attorneys should follow a few pointers to maximize the power of eye contact during voir dire, witness preparation, direct examination and cross-examination, says trial consultant Noelle Nelson.
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Series
Group Running Makes Me A Better Lawyer
The combination of physical fitness and community connection derived from running with a group of business leaders has, among other things, helped me to stay grounded, improve my communication skills, and develop a deeper empathy for clients and colleagues, says Jessica Shpall Rosen at Greenwald Doherty.
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Tips For Employers Facing Looming Immigration Changes
As Trump's second term heralds a challenging period for immigration policy, employers should look to lessons from his first administration as they implement strategies for their global talent programs and communications protocols, says Eileen Lohmann at BAL.
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Opinion
6 Changes I Would Make If I Ran A Law School
Reuben Guttman at Guttman Buschner identifies several key issues plaguing law schools and discusses potential solutions, such as opting out of the rankings game and mandating courses in basic writing skills.
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5 Employer Defenses To Military Status Discrimination Claims
A Colorado federal court's recent ruling, finding a Navy reservist wasn't denied promotion at his civilian job due to antimilitary bias, highlights several defenses employers can use to counter claims of violations of the Uniformed Services Employment and Reemployment Rights Act, say attorneys at Littler Mendelson.
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Firms Still Have The Edge In Lateral Hiring, But Buyer Beware
Partner mobility data suggests that the third quarter of this year continued to be a buyer’s market, with the average candidate demanding less compensation for a larger book of business — but moving into the fourth quarter, firms should slow down their hiring process to minimize risks, say officers at Decipher Investigative Intelligence.
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What May Have Led Calif. Voters To Reject Min. Wage Hike
County-specific election results for California’s ballot measure that would have raised the state’s minimum wage to $18 show that last year's introduction of a $20 minimum wage for fast-food workers may have influenced voters’ narrow rejection of the measure, says Stephen Bronars at Edgeworth Economics.
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Teaching Your Witness To Beat The Freeze/Appease Response
In addition to fight-or-flight, witnesses may experience the freeze/appease response at trial or deposition — where they become a deer in headlights, agreeing with opposing counsel’s questions and damaging their credibility in the process — but certain strategies can help, says Bill Kanasky at Courtroom Sciences.
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Think Like A Lawyer: 1 Type Of Case Complexity Stands Out
In contrast to some cases that appear complex due to voluminous evidence or esoteric subject matter, a different kind of complexity involves tangled legal and factual questions, each with a range of possible outcomes, which require a “sliding scale” approach instead of syllogistic reasoning, says Luke Andrews at Poole Huffman.
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Why State Captive Audience Laws Matter After NLRB Decision
As employers focus on complying with the National Labor Relations Board's new position that captive audience meetings violate federal labor law, they should also be careful not to overlook state captive audience laws that prohibit additional types of company meetings and communications, says Karla Grossenbacher at Seyfarth.
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Think Like A Lawyer: Note 3 Simple Types Of Legal Complexity
Cases can appear complex for several reasons — due to the number of issues, the volume of factual and evidentiary sources, and the sophistication of those sources — but the same basic technique can help lawyers tame their arguments into a simple and persuasive message, says Luke Andrews at Poole Huffman.
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Justices Mull Sex-Based Classification In Trans Law Case
After the U.S. Supreme Court heard oral argument in U.S. v. Skrmetti this week, it appears that the fate of the Tennessee law at the center of the case — a law banning gender-affirming healthcare for transgender adolescents — will hinge on whether the majority read the statute as imposing a sex-based classification, says Alexandra Crandall at Dickinson Wright.
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Every Dog Has Its Sick Day: Inside NYC's Pet Leave Bill
In what would be a first-of-its-kind law for a major metropolitan area, a recent proposal would amend New York City's Earned Safe and Sick Time Act to include animal care as an accepted use of sick leave — and employers may not think it's the cat's meow, say attorneys at Morrison Cohen.