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Employment
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August 30, 2024
Ex-NC Sheriff's Deputies Win $1M In Retaliation Case Trial
A North Carolina federal jury has awarded two former Wake County deputies $1 million, finding former Sheriff Gerald Baker fired them for speaking up about homophobic and racially charged language in a training session.
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August 30, 2024
3 Atty Takeaways On What's Ahead As ERISA Turns 50
As the Employee Retirement Income Security Act turns 50 years old this Labor Day, attorneys reflecting on five decades of development of the federal employee benefits law see a complex path ahead for both litigation and policy. Here are three key takeaways from top attorneys on what’s next for ERISA on its golden anniversary.
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August 30, 2024
Ex-Employee Sues Ga. Chiropractic Co. Over OT Pay, Firing
A former Dominguez Chiropractic employee hit the Atlanta-area chain with a Fair Labor Standards Act complaint Friday, alleging that it knowingly failed to pay her for overtime and unlawfully retaliated when she complained.
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August 30, 2024
COVID Excused Facility From Some Bargaining, 6th Circ. Says
A Michigan nursing home that became critically understaffed when COVID-19 hit could offer temporary hazard pay and hire nonunion temporary workers without bargaining with its workers' union because of the emergency circumstances, but it needed to bargain over the effects of hiring the temps, the Sixth Circuit held.
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August 30, 2024
EEOC 'Exaggerates' Harassment Claims, Auto Parts Co. Says
An auto parts company urged a North Carolina federal judge to toss a U.S. Equal Employment Opportunity Commission suit for good, arguing that the agency "exaggerates the evidence" in an effort to prove that a former employee was sexually harassed out of her job.
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August 30, 2024
Off The Bench: NFL Lets PE In, Ex-NBA Pro Denies Agent Deal
In this week’s Off The Bench, the NFL shakes up its ownership rules and joins the rest of the pro sports world, while a former NBA player says his agency is trying to cling to him after he moved on. In case you were sidelined this week, Law360 is here to catch you up on the sports and betting stories that had our readers talking.
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August 30, 2024
Georgia Judge Won't Undo Block Of H-2A Farmworker Rule
A Georgia federal judge denied the U.S. Department of Labor's request to reconsider a preliminary injunction blocking a new rule aimed at improving pay and conditions for foreign farmworkers, ruling that its arguments to have the order more narrowly tailored were "far too little too late."
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August 30, 2024
Staples Latest To Face Suit Over Job-Seeker Polygraph Notice
A Massachusetts man applying for jobs with Staples Inc. filed a proposed class action alleging the company violated a state law that requires companies to notify candidates that the use of lie detectors is banned for hiring decisions, the latest such case targeting a major Bay State employer.
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August 30, 2024
Inaccurate TransUnion Report Ended Job Chances, Suit Says
A TransUnion unit that sells background checks was hit with a federal lawsuit in Texas accusing it of wrecking an applicant's employment prospects at Chick-fil-A by incorrectly reporting he had misdemeanor convictions for cannabis possession.
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August 29, 2024
DOL, Miss. Fishery Reach Deal To End Suit Over Wage Probe
The U.S. Department of Labor and a Mississippi fishery asked a federal judge on Thursday to sign off on a settlement in a suit accusing the fishery of interfering with a DOL wage investigation by threatening to physically harm workers and have them deported if they cooperated, referring to the claims in the deal as a "misunderstanding."
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August 29, 2024
Pa. Justices To Examine Axing Of 'Red Book' Drug Pricing
The Supreme Court of Pennsylvania has agreed to review a decision tossing the "Red Book" pricing values used by the state's Bureau of Workers' Compensation to calculate reimbursement for prescription drug costs.
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August 29, 2024
Airline Ducks Liquidated Damages In Military Leave Suit
A class of pilots accusing American Airlines of violating the Uniformed Services Employment and Reemployment Rights Act of 1994 by denying pay for time spent on military leave can't seek liquidated damages, given a lack of evidence that the airline knew it was breaking the law, a Pennsylvania federal judge ruled Thursday.
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August 29, 2024
Sutter Health Kickback Fight Likely Headed To Nov. Trial
A California federal judge indicated Wednesday she's likely to send at least some claims in a whistleblower's kickback suit against Sutter Health and a surgical-practice group to a November trial, saying during a hearing there are disputes over the credibility of certain evidence and that's "the providence of the jury."
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August 29, 2024
Philly Legal Org. Must Face Atty's EEOC Bias Suit At Trial
A Pennsylvania federal judge declined Thursday to side with either party on the core claims in a U.S. Equal Employment Opportunity Commission suit alleging a Philadelphia legal services organization fired an attorney who asked for more medical leave, ruling that the case is best fit for trial.
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August 29, 2024
Don't 'Handcuff' NLRB By Halting ULP Case, Agency Says
A Michigan federal court should not "handcuff" the National Labor Relations Board by greenlighting an injunction to stop unfair labor practice proceedings against an auto parts maker, the board contended, fighting back against claims that there are constitutional concerns with the agency.
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August 29, 2024
Wash. AG Hit Again With Atty's Bias Firing Suit
A Washington attorney who says he was wrongfully fired from his job with the state's Office of the Attorney General after he was diagnosed with trauma linked to being a closeted gay Mormon youth has filed a new lawsuit after a similar case was tossed by a federal judge last fall.
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August 29, 2024
Cheerleader Drops Exploitation Suit Against Northwestern
A former Northwestern University cheerleader has dropped her Illinois federal lawsuit that accused the school of sexually exploiting her and fellow squad members in order to bring in big dollars from donors.
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August 29, 2024
NLRB Rejects Amazon Challenges To Staten Island Union Win
The National Labor Relations Board rejected Amazon's challenge to the results of a union's election victory at a Staten Island, New York, warehouse, saying Thursday the company did not present strong enough evidence that the union's conduct interfered with workers' choice in the election.
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August 29, 2024
NLRB Partners With Other Feds In Merger Probes
The National Labor Relations Board said it's teaming up with the U.S. Department of Justice, the U.S. Department of Labor and the Federal Trade Commission to investigate mergers that present competition concerns for workers.
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August 29, 2024
Ga. School District Settles Wage Docking Suit With Bus Driver
A Georgia school district has agreed to settle a lawsuit with a bus driver who alleged she was forced to work practically without pay for three months after the district docked her wages to recoup the workers' compensation benefits she had received, according to a notice filed Wednesday.
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August 29, 2024
5th Circ. Rules That Welding Inspector Isn't An Employee
The Fifth Circuit refused Wednesday to revive a welding inspector's claim that a company he performed work for violated federal labor law by refusing to pay him wages and overtime, ruling in a published opinion that the inspector's claim failed since he wasn't an employee but an independent contractor.
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August 29, 2024
4th Circ. Won't Revive Whistleblower's Credit Suisse Tax Suit
The Fourth Circuit upheld the dismissal of a former Credit Suisse employee's whistleblower case that alleged the Swiss bank continued to help clients evade taxes after it made a related plea deal with the U.S., saying a 2023 U.S. Supreme Court decision on the False Claims Act could not save the case.
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August 29, 2024
NFL, Broncos Say Player's THC Suit Belongs In Arbitration
The NFL and Denver Broncos said a former player's revised discrimination lawsuit can't avoid arbitration because claims that he was unfairly fined more than $532,000 for using prescribed THC to treat medical conditions still fall under a collective bargaining agreement.
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August 29, 2024
Judge Trims Assault, Wage Claims Against Long Island Cafe
A New York federal judge tossed some claims brought by one of eight former employees suing Marie Eiffel Market, a Long Island cafe popular with celebrities, but left the majority of the claims brought by the employees untouched.
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August 29, 2024
Burke Warren Nixed WFH Request, Violating ADA, Suit Says
A former legal assistant at Burke Warren MacKay & Serritella PC has sued the firm for disability discrimination in Illinois federal court, saying he was illegally fired rather than accommodated when his cancer treatment led him to ask for a permanent work-from-home schedule.
Expert Analysis
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NYC Wage Info Bill Highlights Rise In Pay Transparency Laws
With New York City the latest to mull requiring companies to annually report employee wage data, national employers should consider adapting their compliance practices to comply with increasingly common pay transparency and disclosure obligations at state and local levels, says Kelly Cardin at Littler Mendelson.
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When Trauma Colors Testimony: How To Help Witnesses
As stress-related mental health issues continue to rise, trial attorneys must become familiar with a few key trauma-informed strategies to help witnesses get back on track — leaning in to the counselor aspect of their vocations, say Ava Hernández and Steve Wood at Courtroom Sciences.
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Series
Being An Opera Singer Made Me A Better Lawyer
My journey from the stage to the courtroom has shown that the skills I honed as an opera singer – punctuality, memorization, creativity and more – have all played a vital role in my success as an attorney, says Gerard D'Emilio at GableGotwals.
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How Law Firms Can Avoid 'Collaboration Drag'
Law firm decision making can be stifled by “collaboration drag” — characterized by too many pointless meetings, too much peer feedback and too little dissent — but a few strategies can help stakeholders improve decision-making processes and build consensus, says Steve Groom at Miles Mediation.
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Workday AI Bias Suit Suggests Hiring Lessons For Employers
As state laws and a federal agency increasingly focus on employment bias introduced by artificial intelligence systems, a California federal court's recent decision to allow a discrimination suit to proceed against Workday's AI-driven recruitment software, shows companies should promptly assess these tools' risks, say attorneys at Williams & Connolly.
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When The Supreme Court Gives You Lemons, Make Lemonade
Instead of grousing about the U.S. Supreme Court’s recent decisions overturning long-standing precedents, attorneys should look to history for examples of how enterprising legal minds molded difficult decisions to their advantage, and figure out how to work with the cards they’ve been dealt, says Reuben Guttman at Guttman Buschner.
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What BIPA Reform Law Means For Biometrics Litigation
A recently signed Illinois law amending the Biometric Information Privacy Act limits defendants' liability exposure on a per-scan basis and clarifies that electronic signatures constitute a valid written release, establishing additional issues that courts will need to address in future BIPA litigation, say attorneys at Faegre Drinker.
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How Anti-DEI Bill Could Affect Employers' Diversity Efforts
Sen. J.D. Vance's recently introduced Dismantle DEI Act would substantially limit employers’ ability to implement and promote workplace diversity, equity and inclusion, but there are still steps employers can take to support a diverse workforce, says Peter Ennis at Cozen O’Connor.
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Opinion
Proposed Law Would Harm NYC Hospitality Industry
A recently proposed New York City Law that would update hotel licensing and staff coverage requirements could give the city commissioner and unions undue control over the city's hospitality industry, and harm smaller hotels that cannot afford full-time employees, says Stuart Saft at Holland & Knight.
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Opinion
Litigation Funding Disclosure Key To Open, Impartial Process
Blanket investor and funding agreement disclosures should be required in all civil cases where the investor has a financial interest in the outcome in order to address issues ranging from potential conflicts of interest to national security concerns, says Bob Goodlatte, former U.S. House Representative for Virginia.
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Comparing 5 Administrators' Mass Arbitration Procedures
Attorneys at DLA Piper compare the rules for mass arbitrations at five different arbitration providers — Judicial Arbitration and Mediation Services, American Arbitration Association, National Arbitration and Mediation, FedArb and New Era ADR — including their triggers, claim screening procedures, how and when they assess fees, and more.
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What NFL Draft Picks Have In Common With Lateral Law Hires
Nearly half of law firm lateral hires leave within a few years — a failure rate that is strikingly similar to the performance of NFL quarterbacks drafted in the first round — in part because evaluators focus too heavily on quantifiable metrics and not enough on a prospect's character traits, says Howard Rosenberg at Baretz+Brunelle.
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Calif. Ruling Clarifying Paystub Compliance Is Win For Cos.
In rare good news for California employers, the state Supreme Court recently clarified that workers couldn’t win extra penalties in wage and hour cases by claiming their employer intentionally violated state paystub law if the employer believed it had complied in good faith, say Drei Munar and Kirk Hornbeck at Hunton.
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Considering Noncompete Strategies After Blocked FTC Ban
A Texas district court's recent decision in Ryan v. Federal Trade Commission to set aside the new FTC rule banning noncompetes does away with some immediate compliance obligations, but employers should still review strategies, attend to changes to state laws and monitor ongoing challenges, say attorneys at Baker McKenzie.
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Replacing The Stigma Of Menopause With Law Firm Support
A large proportion of the workforce is forced to pull the brakes on their career aspirations because of the taboo surrounding menopause and a lack of consistent support, but law firms can initiate the cultural shift needed by formulating thoughtful workplace policies, says Barbara Hamilton-Bruce at Simmons & Simmons.