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Employment
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September 26, 2024
Amazon Worker Gets Trial In Military Leave Suit
A Washington federal judge ejected one worker from a suit accusing Amazon of demoting or firing workers who took time off for military service, but teed up for trial another worker's claim alleging he was removed from consideration for a promotion after he said he was going to be deployed.
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September 25, 2024
Ex-Cognizant Worker Says Co. 'Mandate' Was To Hire Indians
A former employee at Cognizant Technology testified Wednesday as a witness for a class of former employees alleging the company discriminates against non-Indian workers, and said he believes the company did not just have a preference for hiring workers from India through the H-1B visa program, but that it was "a mandate."
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September 25, 2024
4th Circ. Doubts H-2A Wage Rule Should Be Put On Ice
A Fourth Circuit panel appeared reluctant on Wednesday to block the Biden administration's new wage rule for H-2A visa workers, doubting whether the rule should have accounted for illegal immigration and whether that issue was even properly before the court.
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September 25, 2024
Novel Labor Clause Ruling May Beg Scrutiny In Court
A controversial demand from the Centers for Medicare and Medicaid Services for prospective contractors to recognize union organizing may stretch the limits of the government's required neutrality in contactors' labor disputes, and a ruling supporting it is likely to attract close scrutiny from courts.
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September 25, 2024
4th Circ. Says Firefighter's Race Bias Deal Is Pension Eligible
The Fourth Circuit on Wednesday found the city of Charlotte in North Carolina should have deducted retirement funds from a former Black firefighter's race bias settlement, but said the same could not be true for another firefighter who never finalized a deal with the city.
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September 25, 2024
Lookback Window Claims Cut From Disney Sex Abuse Suit
A California state court on Wednesday trimmed down a Walt Disney Co. employee's sexual assault lawsuit against the entertainment giant and one of its former longtime executives, holding that the case was filed after the state's one-year lookback window for sex abuse claims had expired.
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September 25, 2024
7th Circ. May Seek Ill. High Court Input In Amazon Wage Row
A Seventh Circuit judge appeared inclined Wednesday to let the Illinois Supreme Court weigh in on whether Illinois' minimum wage law incorporates a similar limitation created by an amendment to the Fair Labor Standards Act that clarifies preliminary activities like COVID-19 screenings aren't compensable.
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September 25, 2024
Ascension Must Face Additional Suit Over Vaccine Mandate
Ascension Health Alliance must face another proposed class action challenging its 2021 COVID-19 vaccination policy, an Indiana federal judge ruled Wednesday, holding that a group of workers who were suspended or fired after refusing the vaccine on religious grounds have a case against the Catholic healthcare system.
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September 25, 2024
Mass. Police Officers Sue Over Cost Of Prep For Biased Exam
A group of Massachusetts police officers say they should be reimbursed for the costs of preparing for 2022 promotional exams that were administered in the midst of a trial where similar tests were ultimately found to be biased against Black and Hispanic officers.
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September 25, 2024
NFL's Race Bias Arbitrator Is Not Impartial, Ex-Coach Argues
The attorneys for former NFL head coach Brian Flores have warned the Second Circuit, which is hearing the league's appeal of a lower court decision keeping part of his proposed racial discrimination class action in federal court, that the NFL's choice of an arbitrator for the rest of his dispute is "an attempt to falsely create an appearance of impartiality."
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September 25, 2024
Nexstar Must Face Journalists' Pride Memo Defamation Suits
Nexstar Media Group can't shake defamation lawsuits filed by two television news station managers who were fired after they disseminated an internal memo telling reporters to be balanced in their Pride Month coverage, a Michigan federal judge has ruled.
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September 25, 2024
Ex-NBA Pro Who Admitted Benefits Fraud Can Play Overseas
A New York federal judge Wednesday gave a former Philadelphia 76ers guard, who admitted to being part of a scheme to defraud the NBA's benefits plan, permission to travel to Uruguay so he can play professionally there.
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September 25, 2024
US Steel Clears One Hurdle In $14B Nippon Steel Deal
An arbitration board has sided with U.S. Steel amid its union's challenge to a planned $14.9 billion acquisition by Nippon Steel, clearing one hurdle while Nippon continues fighting on another front for approval from the Committee on Foreign Investment in the U.S.
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September 25, 2024
Car Dealer Admitted It Won't Hire Women In Sales, Suit Says
A woman who applied to work for a Duluth, Georgia, car dealership is suing the company for discrimination, claiming it hired a less qualified man after a sales manager had told her it stopped hiring women as salespeople after a woman working in that role sued it for sexual harassment.
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September 25, 2024
Wash. Hospital System Misclassifies Workers, Nurse Says
A Washington-based hospital operator misclassified its workers as independent contractors and underpaid them for their overtime as a result, a registered nurse said in a proposed class and collective action in Washington federal court.
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September 25, 2024
Workplace Protections Bill For Judiciary Reintroduced
Lawmakers from both parties and chambers announced on Wednesday they've reintroduced a bill to increase workplace protections for federal judiciary employees.
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September 25, 2024
Jones Day Must Face Ex-Firm Attys' Parental Leave Suit
Jones Day will have to defend its parental leave policy at trial, after a D.C. federal judge declined on Wednesday to shut down a long-running suit filed by two married ex-associates that claims the firm discriminates by offering female attorneys more leave than male attorneys.
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September 25, 2024
Ogletree Lands Seyfarth Employment Atty In Chicago
Labor and employment firm Ogletree Deakins Nash Smoak & Stewart PC has grown its Chicago office with the addition of a Seyfarth Shaw LLP partner.
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September 25, 2024
Ex-American Airlines Pilot Cleared In Sex Assault Trial
A California federal jury on Wednesday cleared a former American Airlines pilot of liability in a civil lawsuit alleging he sexually assaulted two flight attendants at a hotel during a round-trip journey between Los Angeles and São Paulo, Brazil.
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September 25, 2024
Cargo Airline Strikes $84K Deal To End DOL Equal Pay Probe
A cargo airline has agreed to pay female workers more than $84,000 in back wages and interest to resolve a U.S. Department of Labor investigation alleging it paid them less than their male counterparts, the federal agency announced.
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September 25, 2024
St. Thomas Law School Hit With Law Prof's Defamation Suit
A professor at Miami's St. Thomas Law School has sued the institution in Florida state court, claiming it disseminated defamatory statements about her to a reporter for a story about her reinstatement following a wrongful termination.
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September 25, 2024
10th Circ. Revives Amazon Worker's Overtime Suit
The Tenth Circuit on Wednesday flipped a district court decision tossing an overtime suit against Amazon, saying that the Colorado Supreme Court's ruling that holiday pay must be part of overtime calculations solves a worker's appeal.
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September 24, 2024
Full 9th Circ. Vaporizes First-To-File Precedent For FCA Suits
The full Ninth Circuit on Tuesday overruled circuit precedent and held that the so-called first-to-file rule governing False Claims Act cases is not jurisdictional, meaning that courts can't toss a whistleblower action on jurisdictional grounds rooted in the first-to-file provision.
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September 24, 2024
Aristocrat Wins Injunction In Slot Machine Trade Secret Row
A federal judge in Las Vegas blocked gambling game company Light & Wonder Inc. from commercializing its Dragon Train video slot machine game, saying competitor Aristocrat Technologies Inc. is "extremely likely" to succeed in showing L&W misappropriated Aristocrat's trade secrets in developing the game.
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September 24, 2024
Chance Cognizant Didn't Discriminate Is '1 In A Billion,' Jury Told
An attorney for a class of former Cognizant Technology employees alleging the company discriminated against non-South Asian and non-Indian employees told a jury during opening statements of a retrial Tuesday that the probability Cognizant's behavior wasn't racially biased is about one in a billion.
Expert Analysis
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Lean Into The 'Great Restoration' To Retain Legal Talent
As the “great resignation,” in which employees voluntarily left their jobs in droves, has largely dissipated, legal employers should now work toward the idea of a “great restoration,” adopting strategies to effectively hire, onboard and retain top legal talent, says Molly McGrath at Hiring & Empowering Solutions.
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What High Court Ruling Means For Sexual Harassment Claims
In its recent Smith v. Spizzirri decision, the U.S. Supreme Court held that a district court compelling a case to arbitration is obligated to stay the case rather than dismissing it, but this requirement may result in sexual harassment cases not being heard by appellate courts, says Abe Melamed at Signature Resolution.
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NCAA Settlement May End The NIL Model As We Know It
The recent House v. NCAA settlement in California federal court, in which the NCAA agreed to allow schools to directly pay March Madness television revenue to their athletes, may send outside name, image and likeness collectives in-house, says Mike Ingersoll at Womble Bond.
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5 Steps For Gov't Contractor Affirmative Action Verification
As the federal contractor affirmative action program certification deadline approaches, government contractors and subcontractors should take steps to determine their program obligations, and ensure any required plans are properly implemented and timely registered, say Christopher Wilkinson at Perkins Coie and Joanna Colosimo at DCI Consulting.
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Boeing Saga Underscores Need For Ethical Corporate Culture
In the wake of recent allegations about Boeing’s safety culture, and amid the U.S. Department of Justice’s new whistleblower incentives, business leaders should reinvigorate their emphasis on compliance by making clear that long-term profitability requires ethical business practices, says Maxwell Carr-Howard at Dentons.
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New OSHA Memo Helps Clarify Recordkeeping Compliance
Based on recent Occupational Safety and Health Administration guidance on whether musculoskeletal disorders are recordable injuries under the agency's recordkeeping regulation, it appears that OSHA may target active release techniques and stretching programs during its inspections, say attorneys at Morgan Lewis.
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A Closer Look At Feds' Proposed Banker Compensation Rule
A recently proposed rule to limit financial institutions' ability to award incentive-based compensation for risk-taking may progress through the rulemaking process slowly due to the sheer number of regulators collaborating on the rule and the number of issues under consideration, say attorneys at Troutman Pepper.
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Why Jurors Balk At 'I Don't Recall' — And How To Respond
Jurors often react negatively to a witness who responds “I don’t remember” because they tend to hold erroneous beliefs about the nature of human memory, but attorneys can adopt a few strategies to mitigate the impact of these biases, say Steve Wood and Ava Hernández at Courtroom Sciences.
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Series
Fishing Makes Me A Better Lawyer
Atop the list of ways fishing makes me a better lawyer is the relief it offers from the chronic stress of a demanding caseload, but it has also improved my listening skills and patience, and has served as an exceptional setting for building earnest relationships, says Steven DeGeorge at Robinson Bradshaw.
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Exploring Alternatives To Noncompetes Ahead Of FTC Ban
Ahead of the Sept. 4 effective date for the Federal Trade Commission's noncompete ban, employers should seek new ways to protect their proprietary and other sensitive information, including by revising existing confidentiality and nondisclosure agreements, says Harvey Linder at Culhane.
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10 Tips To Build Trust With Your Witness During Trial Prep
Preparing a witness for deposition or trial requires more than just legal skills — lawyers must also work to cultivate trust with the witness, using strategies ranging from wearing a hat when conducting mock cross-examination to offering them a ride to court before they testify, say Faye Paul Teller and Sara McDermott at Munger Tolles.
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DOL's New OT Rule Will Produce Unbalanced Outcomes
The U.S. Department of Labor's new salary level for the Fair Labor Standards Act overtime exemption is about 65% higher than the current threshold and will cause many white collar employees to be classified as nonexempt because they work in a location with a lower cost of living, not because of their duties, says Stephen Bronars at Edgeworth Economics.
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5th Circ. Venue-Transfer Cases Highlight Mandamus Limits
Three ongoing cases filed within the Fifth Circuit highlight an odd procedural wrinkle that may let district courts defy an appellate writ: orders granting transfer to out-of-circuit districts, but parties opposing intercircuit transfer can work around this hurdle to effective appellate review, says Charles Fowler at McKool Smith.
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A Healthier Legal Industry Starts With Emotional Intelligence
The legal profession has long been plagued by high rates of mental health issues, in part due to attorneys’ early training and broader societal stereotypes — but developing one’s emotional intelligence is one way to foster positive change, collectively and individually, says attorney Esperanza Franco.
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To Make Your Legal Writing Clear, Emulate A Master Chef
To deliver clear and effective written advocacy, lawyers should follow the model of a fine dining chef — seasoning a foundation of pure facts with punchy descriptors, spicing it up with analogies, refining the recipe and trimming the fat — thus catering to a sophisticated audience of decision-makers, says Reuben Guttman at Guttman Buschner.