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Employment
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August 07, 2024
4th Circ. Revives Sex Bias Suit Over Workplace Romance Row
The Fourth Circuit reopened a former salesperson's lawsuit alleging a wine and spirits distributor fired her because she rejected the owner's sexual advances after they broke up, saying a trial is needed to delineate when the relationship ended.
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August 07, 2024
L3Harris Narrows But Can't End Religious Bias Suit
Technology company L3Harris can't toss a former worker's claims that he was fired for being Christian after he complained that his new boss was harassing him, a Texas federal judge ruled, but his claims of age bias and retaliation lacked enough proof to stay in court.
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August 07, 2024
11th Circ. Says Drivers Can Use Contracting Law For OT Math
Three drivers for a company that provides medical transportation to veterans can base their calculation of overtime they're owed on a Service Contract Act prevailing rate that's higher than the wages they were paid, the Eleventh Circuit has ruled, partially flipping a lower court's ruling.
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August 06, 2024
From Vets To Labor: The Policies VP Pick Walz Has Backed
Democratic U.S. presidential nominee Kamala Harris' pick of Minnesota Gov. Tim Walz to be her running mate pairs her with a state leader and former lawmaker who has advocated for veterans' rights and public education while also championing a more progressive agenda, from cannabis legalization to abortion care access to stronger union rights.
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August 06, 2024
Thompson Hine Says Ex-Atty's Harassment Claims Lack Teeth
A former Thompson Hine LLP attorney's sex harassment suit should be dismissed for failing to show that gender bias had anything to do with the workplace conflicts that arose during her tenure, the firm argued in a New York federal court filing.
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August 06, 2024
9th Circ. Won't Rehear Ex-Uber Driver's Race Bias Suit
The Ninth Circuit on Tuesday refused to grant en banc rehearing to a former Uber driver after a three-judge panel found he failed to support his allegations that the ride-hailing giant's rating system is racially biased.
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August 06, 2024
2nd Circ. Says Citi Whistleblower Can't Get Cut Of $400M Fine
The Second Circuit on Tuesday upheld a lower court's dismissal of a Citibank executive's whistleblower lawsuit seeking a piece of a $400 million fine the bank paid, finding that she failed to allege a valid False Claims Act claim and therefore has no right to a portion of financial recovery.
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August 06, 2024
Florida Asks 11th Circ. To Let Gender Law Take Effect Now
Florida officials have implored the Eleventh Circuit to allow enforcement of the state's recently enacted law restricting gender-affirming treatment for transgender minors and adults, arguing that a federal judge's order to enjoin enforcement of the law was erroneous.
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August 06, 2024
Pilots Union Tells 5th Circ. Southwest Put Animus In Policy
Counsel for the Southwest Airlines Pilots Association told a Fifth Circuit panel Tuesday that the airline had codified anti-union animus in a written policy, claiming during oral arguments that the airline was working to keep elite "check pilots" from organizing.
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August 06, 2024
MGM Shreds Workers' Bid For Default Win In Vax Fight
Detroit casino MGM Grand has urged a Michigan federal court to not grant default judgment to former employees protesting its vaccination policies, arguing the request is drastic and that any delay in producing discovery documents was justified and harmless.
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August 06, 2024
Amazon Contractor Can't Escape Worker's Welding Injury Suit
A Texas federal judge ruled Tuesday that a construction company hired by Amazon must face a trial over a worker's blindness from a welding torch light flash, saying there is a factual dispute regarding whether the company had control over all workers on site the day of the incident.
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August 06, 2024
Horse Trainer Says Conn. Club Stiffed Him, Sues For $275K
A historic Connecticut country club stopped reimbursing the head of its horse-riding program for expenses he paid out of his own pocket, ceased paying his salary and fees, and canceled his membership, according to a breach-of-contract suit filed in state court.
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August 06, 2024
Denver Food Co. Fired VP For Younger Male, Suit Claims
A former vice president of a Denver-area food biotech firm has filed a suit claiming the company violated Colorado's gender and age anti-discrimination laws when it fired and ultimately replaced her after she finished training a younger male successor, who was intended to only take over some of her duties.
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August 06, 2024
Investment Adviser Must Face Union Fund's $30M ERISA Suit
A union pension fund has carried its $30 million Employee Retirement Income Security Act lawsuit against an investment advisory firm past the motion-to-dismiss phase on its second try, with a California federal judge holding that the fund qualified for an extension to its deadline to sue over pre-2016 conduct.
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August 06, 2024
Amazon Seeks Early Exit From Military Service Bias Suit
Amazon asked a Washington federal judge to end a proposed class action accusing it of demoting or terminating workers who take time off for military service, arguing that one of the plaintiffs was inadvertently fired while the other wasn't qualified for a promotion because he was "unprofessional."
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August 06, 2024
Dem Lawmakers Back FTC's Kroger-Albertsons Challenge
A group of Democratic lawmakers is supporting the Federal Trade Commission in its suit to block Kroger's $25 billion acquisition of Albertsons, telling an Oregon federal judge in a friend-of-the-court brief that the agency's fears the deal would harm grocery workers and consumers are well-founded.
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August 06, 2024
Ex-Honeycomb Manager Wants Benefits Case Reopened
Attorneys for a former Savannah Bee Co. honeycomb manager urged the Georgia Court of Appeals on Tuesday to reverse the Georgia Department of Labor's decision to deny her unemployment benefits on the grounds that her appeal was not timely, arguing circumstances caused her to file late with "good cause."
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August 06, 2024
NC Farming Business Wants H-2A Forced Labor Claims Cut
Farming companies accused of human trafficking, forced labor and underpaying H-2A foreign temporary workers have urged a Virginia federal judge to dismiss the workers' suit, saying they failed to show the companies brought them to the U.S. for "involuntary servitude."
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August 06, 2024
10th Circ. Says Union Contract Legally Imposed On Okla. Co.
An Oklahoma electric company must accept the successor contract imposed on it by an arbitration board, the Tenth Circuit said Tuesday, upholding an Oklahoma federal court's decision that the pact between Brent Electric Co. and an International Brotherhood of Electrical Workers local was imposed lawfully.
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August 06, 2024
Ga. Healthcare Co. Seeks Toss Of Ex-Manager's Bias Suit
Georgia-based medical provider Premise Health has asked a federal judge to dismiss a former nurse's race and pregnancy bias suit, saying she was canned because of her "egregious" violations of COVID-19 safety protocols rather than her desire to pump breast milk on the job.
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August 06, 2024
Home Depot Hired Cops To Target Migrants, Suit Says
A union representing Latino workers sued the city of Chicago and Home Depot in Illinois federal court Tuesday, alleging that city police officers moonlighting as store security subjected migrants seeking day labor work near the home improvement store to excessive force and racist insults in violation of their civil rights.
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August 06, 2024
Truckers Association Challenges AB 5 At 9th Circ.
A trade association representing small trucking businesses told the Ninth Circuit that California's classification test in Assembly Bill 5 will obliterate the lease owner-operator system, urging the panel to flip a federal court's decision keeping the law running.
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August 06, 2024
Woman Drops Sex Abuse Suit Against Ex-NFL Player In Colo.
The former controller for a former NFL player's reptile shipping business has, for now, dropped her lawsuit claiming the ex-linebacker sexually abused her at work and fired her after his wife discovered the conduct, apparently accepting the court's condition that she pay the player's costs and certain attorney fees.
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August 06, 2024
NJ Firm Wants Sanctions In Dispute With Ex-Employees
Davis Saperstein & Salomon PC said eight former employees and the attorney representing them should be sanctioned for filing a pair of lawsuits in New Jersey state court alleging the firm violated wage and discrimination laws.
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August 06, 2024
Defense Contractor Wants Maynard Nexsen DQed In Bias Case
Defense contractor Parsons Corp. urged an Alabama federal judge to disqualify Maynard Nexsen PC from representing a former engineer in his unlawful termination case against the company, saying the firm was also representing Parsons when he filed his case.
Expert Analysis
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Series
Skiing And Surfing Make Me A Better Lawyer
The skills I’ve learned while riding waves in the ocean and slopes in the mountains have translated to my legal career — developing strong mentor relationships, remaining calm in difficult situations, and being prepared and able to move to a backup plan when needed, says Brian Claassen at Knobbe Martens.
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Unpacking The Circuit Split Over A Federal Atty Fee Rule
Federal circuit courts that have addressed Rule 41(d) of the Federal Rules of Civil Procedure are split as to whether attorney fees are included as part of the costs of a previously dismissed action, so practitioners aiming to recover or avoid fees should tailor arguments to the appropriate court, says Joseph Myles and Lionel Lavenue at Finnegan.
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4 Steps To Repair Defense Credibility In Opening Statements
Given the continued rise of record-breaking verdicts, defense counsel need to consider fresh approaches to counteract the factors coloring juror attitudes — starting with a formula for rebuilding credibility at the very beginning of opening statements, says Ken Broda-Bahm at Persuasion Strategies.
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Compliance Countdown To New Calif. Workplace Safety Rules
Nearly all California employers should be taking steps to prepare for the July 1 deadline to comply with a Labor Code update that will introduce the first general industry workplace violence prevention safety requirements in the U.S., say attorneys at Littler.
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Arbitration Implications Of High Court Coinbase Ruling
The U.S. Supreme Court's recent Coinbase v. Suski ruling not only reaffirmed the long-standing principle that arbitration is a matter of contract, but also established new and more general principles concerning the courts' jurisdiction to decide challenges to delegation clauses and the severability rule, say Tamar Meshel at the University of Alberta.
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Prejudicial Evidence Takeaways From Trump Hush Money Trial
The Manhattan District Attorney's Office's prosecution and conviction of former President Donald Trump on 34 felony counts provides a lesson on whether evidence may cause substantial unfair prejudice, or if its prejudicial potential is perfectly fair within the bounds of the law, says Reuben Guttman at Guttman Buschner.
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Top 5 Issues For Employers To Audit Midyear
Six months into 2024, developments from federal courts and regulatory agencies should prompt employers to reflect on their progress regarding artificial intelligence, noncompetes, diversity initiatives, religious accommodation and more, say Allegra Lawrence-Hardy and Lisa Haldar at Lawrence & Bundy.
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After A Brief Hiccup, The 'Rocket Docket' Soars Back To No. 1
The Eastern District of Virginia’s precipitous 2022 fall from its storied rocket docket status appears to have been a temporary aberration, as recent statistics reveal that the court is once again back on top as the fastest federal civil trial court in the nation, says Robert Tata at Hunton.
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Addressing Labor Shortages In The Construction Industry
As the construction industry's ongoing struggle with finding sufficient skilled workers continues, companies should consider a range of solutions including a commitment to in-house training and creative contracting protocols, say Brenda Radmacher and Allison Etkin at Akerman.
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Tailoring Compliance Before AI Walks The Runway
Fashion industry players that adopt artificial intelligence to propel their businesses forward should consider ways to minimize its perceived downsides, including potential job displacements and algorithmic biases that may harm diversity, equity and inclusion efforts, say Jeffrey Greene and Ivory Djahouri at Foley & Lardner.
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Recruitment Trends In Emerging Law Firm Frontiers
BigLaw firms are facing local recruitment challenges as they increasingly establish offices in cities outside of the major legal hubs, requiring them to weigh various strategies for attracting talent that present different risks and benefits, says Tom Hanlon at Buchanan Law.
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Series
Glassblowing Makes Me A Better Lawyer
I never expected that glassblowing would strongly influence my work as an attorney, but it has taught me the importance of building a solid foundation for your work, learning from others and committing to a lifetime of practice, says Margaret House at Kalijarvi Chuzi.
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3 Surprising Deposition Dangers Attorneys Must Heed
Attorneys often do not think of discovery as a particularly risky phase of litigation, but counsel must closely heed some surprisingly strict and frequently overlooked requirements before, during and after depositions that can lead to draconian consequences, says Nate Sabri at Perkins Coie.
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What Employers Need To Know About Colorado's New AI Law
The Colorado AI Act, enacted in May and intended to regulate the use of high-risk artificial intelligence systems to prevent algorithmic discrimination, is broad in scope and will apply to businesses using AI for certain employment purposes, imposing numerous compliance obligations and potential liability, say Laura Malugade and Owen Davis at Husch Blackwell.
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Opinion
Paid Noncompetes Offer A Better Solution Than FTC's Ban
A better alternative to the Federal Trade Commission's recent and widely contested noncompete ban would be a nationwide bright-line rule requiring employers to pay employees during the noncompete period, says Steven Kayman at Rottenberg Lipman.