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Employment
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May 30, 2024
DOL Says Challenged Provision In DBA Rule Is Lawful
The U.S. Department of Labor pressed a Texas federal court not to halt its final rule regulating prevailing wages under the Davis-Bacon Act, saying that one of the provisions several construction groups are challenging is completely lawful.
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May 30, 2024
Chauffeur Co. Agrees To Pay $2.5M In Wage Settlement
A chauffeur company agreed to give $2.5 million to settle over 600 drivers' claims that it failed to pay them hourly or for overtime or maintain records as required by federal and state labor law, according to a bid to approve the deal filed in Arizona federal court.
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May 30, 2024
Ex-WWE Worker Pauses Trafficking Claims For DOJ Probe
A former World Wrestling Entertainment Inc. paralegal has agreed to put her sexual assault and trafficking lawsuit against the company, founder Vince McMahon and a former executive on hold while the U.S. Department of Justice conducts a "nonpublic investigation," the plaintiff's counsel said Thursday.
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May 30, 2024
Gunster Bolsters Employment And Immigration Teams In Florida
Gunster has hired two attorneys in two separate Florida offices who will continue their practices focused on labor and employment and immigration issues, the firm announced this week.
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May 30, 2024
11th Circ. Backs Navy Win In National Origin Harassment Case
An Eleventh Circuit panel refused to revive a former Naval employee's lawsuit alleging he faced harassment as a result of his Nigerian descent, holding a Florida federal judge did not err in finding he failed to establish harassment that was sufficiently severe or pervasive.
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May 29, 2024
Foley & Lardner Sued For Axing Pro-Palestinian Atty's Offer
A former Foley & Lardner LLP summer associate on Wednesday lodged discrimination claims against the firm for pulling its job offer after she made comments supporting Palestine, alleging that the firm let her go because of her religion and ethnicity, according to the suit lodged in Illinois federal court.
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May 29, 2024
Merrill Lynch Inks $20M Deal In Financial Advisers' Bias Suit
Merrill Lynch has agreed to pay nearly $20 million to settle class action claims filed in Florida federal court alleging discrimination and retaliation against a proposed class of nearly 1,400 Black financial advisers who alleged they received less pay and promotions compared to their white counterparts.
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May 29, 2024
Navajo President Denies VP's Claims Of Sexual Misconduct
Navajo Nation President Buu Nygren, while denying allegations by Vice President Richelle Montoya of sexual harassment, bullying and mistreatment, said he intends to ask the tribe's council for workplace policies and procedures for the top offices, arguing that he's well aware that women within the country's largest reservation feel unheard.
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May 29, 2024
9th Circ. Revives Bulk Of Walmart Worker's Disability Bias Suit
The Ninth Circuit on Wednesday reversed most of a district court's ruling in favor of Walmart on claims by a vision-impaired employee that the retail giant didn't let him return to work after a medical leave of absence, saying the employee presented evidence suggesting Walmart lied about the reasons why he couldn't return.
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May 29, 2024
NC State Is Blocking Probe Of PCBs In Building, Court Told
North Carolina State University is trying to exploit the judicial process in order to destroy evidence of building contamination, a cancer-stricken professor told a state appeals court Tuesday in a bid to advance plans for a carcinogen inspection.
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May 29, 2024
NFL Can't Juke Retaliation Claims In Reporter's Race Suit
A New York federal judge on Wednesday hobbled a wrongful termination suit against the NFL, dismissing award-winning reporter Jim Trotter's claims of a hostile work environment and state claims but keeping the case alive through a federal claim of retaliation related to the league's decision not to renew his contract in March 2023.
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May 29, 2024
Teacher's Contract Renewal Claim Spiked By Ga. Justices
The Supreme Court of Georgia ruled Wednesday that a teacher can't sue his former district for denying him a contract renewal after he missed its due date, finding that the lack of a definitive salary figure in the offer doesn't conflict with state law.
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May 29, 2024
Ford Can Keep Win In Ex-Worker's Hostile Workplace Suit
A former Ford employee can't get a new trial on claims that a co-worker's lewd comments and overtures led to a hostile work environment, a Michigan federal judge has ruled, finding there is sufficient evidence to support the jury's verdict in the automaker's favor.
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May 29, 2024
IBEW Local Wins Benefits Dispute With Power Plant Operator
A New York federal judge preserved a win for an International Brotherhood of Electrical Workers local Wednesday in a dispute with a power plant operator over who qualifies for a supplemental retirement benefit at the company, deeming the arbitrator's award reasonable.
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May 29, 2024
NCAA Must Face Bulk Of Student-Athlete's W.Va. Transfer Suit
A West Virginia federal judge will not allow the NCAA to escape the bulk of an antitrust lawsuit filed by a 22-year-old, ruling he sufficiently supported his claims accusing the organization of contract interference when it deemed him ineligible to play basketball after a midseason transfer.
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May 29, 2024
DOJ Requests More Info On $2.2B Employee Screening Deal
The U.S. Department of Justice has requested more information about employment screening company First Advantage Corp.'s planned $2.2 billion purchase of rival Sterling Check Corp., extending the review period for the merger.
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May 29, 2024
Ex-Philly Union Leader Wants To Delay New Extortion Trial
Former International Brotherhood of Electrical Workers Local 98 business manager John Dougherty, who was convicted of bribery and embezzlement but escaped a third conviction when the jury deadlocked at his extortion trial, asked Wednesday that the prospective new trial date on the extortion charges be pushed back due to his attorney's scheduling conflict.
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May 29, 2024
Conn. Hospital Settles Exonerated Doctor's Race Bias Suit
A Connecticut hospital and a doctor of Nigerian heritage have settled a race and gender discrimination lawsuit that followed a supervisor's assertion during a sexual harassment and assault probe that Nigeria was home to a "typically misogynistic and chauvinistic" culture, according to a Wednesday dismissal order.
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May 29, 2024
Chancery Pins Down Musk, Tesla On Pay Bid, Del. Jurisdiction
Delaware's chancellor has nailed Elon Musk, Tesla Inc. and their counsel to assurances that the company won't flee state corporate law jurisdiction and a potentially massive stockholder attorney fee dispute by rushing votes on a struck-down, $56 billion compensation plan for Musk and proposed reincorporation in Texas.
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May 29, 2024
NLRB Wants Subpoenas Enforced In Calif. Tribal Casino Row
The National Labor Relations Board has gone to federal court to enforce its subpoenas seeking a list of casino workers in a proposed bargaining unit, saying the refusals of a California tribe and a gaming company to provide the information are impeding an agency investigation.
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May 29, 2024
9th Circ. Affirms Dismissal Of Doctor's Military Bias Suit
An Arizona hospital defeated a doctor's discrimination lawsuit for the second time, with the Ninth Circuit upholding an Arizona federal judge's decision to toss the doctor's claims that the hospital showed bias against his military status by not renewing his contract after he deployed.
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May 29, 2024
Weinstein Could Face Added Assault Charges In Retrial
New York prosecutors planning to retry Harvey Weinstein this fall after his rape conviction was overturned said Wednesday they may file an expanded indictment after hearing from new sexual assault claimants.
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May 29, 2024
Farm Will Pay $100K To End Calif. Agency's Sex Abuse Suit
A fruit farm agreed to provide $100,000 to resolve a suit brought by California's Civil Rights Department in state court alleging its owner sexually harassed a strawberry harvester daily and groped her on the job.
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May 29, 2024
Fisher Phillips Adds Employment Pro In Dallas From GRSM50
Fisher Phillips has strengthened its Dallas roster with a litigator experienced in representing employers in a broad array of complex labor and employment disputes who came aboard from Gordon Rees Scully Mansukhani LLP.
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May 28, 2024
Kia, Hyundai Still Face RICO Claims In Foreign Labor Suit
Hyundai and Kia are still confronted with claims that they were in on a scheme to obtain cheap labor from skilled Mexican engineers seeking participation in a professional visa program after a Georgia federal judge determined workers had adequately alleged the companies' involvement.
Expert Analysis
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Changes To Note In New AAA Mass Arbitration Rules
The American Arbitration Association updated its mass arbitration rules earlier this month — clarifying issues that were previously being litigated in front of the AAA, and significantly streamlining the process of getting to a merits arbitration for claimants who have suffered similar wrongs and are bound by mandatory arbitration clauses, say attorneys at Labaton Keller.
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9 Tools To Manage PAGA Claims After Calif. High Court Ruling
In Estrada v. Royalty Carpet Mills, the California Supreme Court recently dealt a blow to employers by ruling that courts cannot dismiss Private Attorneys General Act claims on manageability grounds, but defendants and courts can still use arbitration agreements, due process challenges and other methods when dealing with unmanageable claims, says Ryan Krueger at Sheppard Mullin.
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Workplace Speech Policies Limit Legal And PR Risks
As workers increasingly speak out on controversies like the 2024 elections and the Israel-Hamas war, companies should implement practical workplace expression policies and plans to protect their brands and mitigate the risk of violating federal and state anti-discrimination and free speech laws, say attorneys at McDermott.
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Staying Ahead Of The AI Policymaking Curve
With artificial intelligence poised to be the hottest legislative and regulatory topic in 2024, expect the AI policymaking toolbox to continue to expand and evolve as stakeholders in the U.S. and abroad develop, deploy, use and learn more about these technologies, say attorneys at Hogan Lovells.
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The 7th Circ.'s Top 10 Civil Opinions Of 2023
Attorneys at Jenner & Block examine the most significant decisions issued by the Seventh Circuit in 2023, and explain how they may affect issues related to antitrust, constitutional law, federal jurisdiction and more.
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Employee Experience Strategy Can Boost Law Firm Success
Amid continuing business uncertainty, law firms should consider adopting a holistic employee experience strategy — prioritizing consistency, targeting signature moments and leveraging measurement tools — to maximize productivity and profitability, says Haley Revel at Calibrate Consulting.
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Series
Competing In Triathlons Makes Me A Better Lawyer
While practicing law and competing in long-distance triathlons can make work and life feel unbalanced at times, participating in the sport has revealed important lessons about versatility, self-care and perseverance that apply to the office as much as they do the racecourse, says Laura Heusel at Butler Snow.
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Series
In Focus At The EEOC: Preserving Legal System Access
The track records of and public commentary from U.S. Equal Employment Opportunity Commission leaders — including two recently confirmed Democratic appointees — can provide insight into how the agency may approach access to justice priorities, as identified in its latest strategic enforcement plan, says Aniko Schwarcz at Cohen Milstein.
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Mitigating Compliance And Litigation Risks Of Evolving Tech
Amid artificial intelligence and other technological advances, companies must prepare for the associated risks, including a growing suite of privacy regulations, enterprising class action theories and consumer protection challenges, and proliferating disclosure obligations, say attorneys at Eversheds Sutherland.
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Where Justices Stand On Chevron Doctrine Post-Argument
Following recent oral argument at the U.S. Supreme Court, at least four justices appear to be in favor of overturning the long-standing Chevron deference, and three justices seem ready to uphold it, which means the ultimate decision may rest on Chief Justice John Roberts' vote, say Wayne D'Angelo and Zachary Lee at Kelley Drye.
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Calif. High Court Ruling Outlines Limits On PAGA Actions
While the California Supreme Court’s ruling last week in Estrada v. Royalty Carpet Mills held that courts cannot dismiss Private Attorneys General Act claims on manageability grounds, the opinion also details how claims can be narrowed, providing a road map for defendants facing complex actions, say attorneys at Gibson Dunn.
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Perspectives
6 Practice Pointers For Pro Bono Immigration Practice
An attorney taking on their first pro bono immigration matter may find the law and procedures beguiling, but understanding key deadlines, the significance of individual immigration judges' rules and specialized aspects of the practice can help avoid common missteps, says Steven Malm at Haynes Boone.
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Lessons From Country Singer's Personal Service Saga
Recent reports that country singer Luke Combs won a judgment against a Florida woman who didn’t receive notice of the counterfeit suit against her should serve as a reminder for attorneys on best practices for effectuating service by electronic means, say attorneys at Jenner & Block.
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NY Pay Frequency Cases May Soon Be A Thing Of The Past
Two recent developments in New York state have unfurled to suggest that the high tide of frequency-of-pay lawsuits may soon recede, giving employers the upper hand when defending against threatened or pending claims, say attorneys at Reed Smith.
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Trends That Will Shape The Construction Industry In 2024
Though the outlook for the construction industry is mixed, it is clear that 2024 will bring evolving changes aimed at building projects more safely and efficiently under difficult circumstances, and stakeholders would be wise to prepare for the challenges and opportunities these trends will bring, say Josephine Bahn and Jeffery Mullen at Cozen O'Connor.