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Employment
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July 31, 2024
1st Circ. Mostly Backs $5M Award In Biotech Recruiting Spat
The First Circuit left intact the vast majority of a $5 million post-trial award against a life sciences recruiting firm found to have misappropriated trade secrets from a rival involving placements at Takeda and Vedanta Biosciences.
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July 31, 2024
Ga. Judge Gets Suspension And Reprimand In Harassment Case
Georgia state Superior Court Judge Robert "Bobby" Reeves will be suspended for 30 days and has promised not to run for reelection for numerous counts of misconduct, the Georgia Supreme Court decided Tuesday.
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July 31, 2024
VW To Give Back Pay To Mexico Factory Workers, USTR Says
The Office of the U.S. Trade Representative has announced a remediation plan at Volkswagen's largest manufacturing plant in Mexico under which the carmaker will reinstate eight workers with back pay and adopt a statement of neutrality toward employees associating with unions.
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July 31, 2024
Saul Ewing Adds 2 Employee Benefits Attys On East Coast
Saul Ewing LLP announced Wednesday that it has grown its employee benefits and executive compensation practice on the East Coast with two attorneys, one from Ivins Phillips & Barker and another from Hogan Lovells.
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July 31, 2024
Judge Won't Undo IRS' Pause On Worker Retention Credits
An Arizona federal judge rejected a tax advisory firm's request to lift the IRS' pause on processing claims for the pandemic-era employee retention credit, saying he wasn't eager to stop the agency from addressing the fraud it alleges has been widespread.
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July 31, 2024
Pa. Uber Misclassification Case Tossed After 8 Years
A Pennsylvania federal judge tossed an 8-year-old suit by Uber Black drivers claiming the ride-sharing company misclassified them as independent contractors, saying the case lost hope of a resolution after two unsuccessful trials and a trip to the Third Circuit.
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July 31, 2024
Agribusiness Co. Says Ex-Employee Blatantly Stole Clients
An agricultural firm has taken one of its former workers to Ohio federal court for allegedly telling over a dozen clients that he was "putting off" selling products and services to them while he awaited his move to the company's direct competitor, then urging those clients to leave with him.
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July 31, 2024
Guatemalan Worker Says Paint Co. Fired Him For Injury
A Guatemalan worker in the U.S. on a work visa is suing a Connecticut painting company in state court, saying it violated employment laws by failing to pay him his promised salary and firing him after a workplace injury prevented him from being able to do his job.
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July 31, 2024
Ga. Carpet Cleaning Co. Hit With Wages Class Action
A carpet cleaning and restoration company in Marietta, Georgia, faces a proposed class action lodged by a former employee who claims it failed to pay overtime as required under the Fair Labor Standards Act.
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July 31, 2024
Equal Rights Advocates Adds DOJ Atty As Litigation Head
Equal Rights Advocates, a gender justice/women's rights nonprofit, announced Tuesday it is bringing in a U.S. Department of Justice civil rights attorney as head of its litigation team.
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July 31, 2024
Mich. High Court Restores Strengthened Wage, Leave Laws
The Michigan Supreme Court put back in place higher minimum wage and broader paid sick leave laws on Wednesday, finding the laws were unlawfully amended by the state Legislature in a controversial move to keep a $12 minimum wage law off the ballot.
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July 30, 2024
Judge Asks Dish If Circuits Truly Split On Data Breach Claims
A Colorado federal judge on Tuesday pressed Dish Network Corp. and a group of current and former Dish employees who are suing the company in a putative class action about a ransomware attack last year to address whether there is a split among federal circuits on what allegations are needed to support claims in data breach cases.
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July 30, 2024
FTC Seeks Temporary Kroger-Albertsons Block In Oregon
The Federal Trade Commission is formally seeking a temporary block against Kroger's proposed purchase of Albertsons, arguing in an Oregon federal court brief unsealed Tuesday that the planned divestiture of 579 stores to a "failed" supermarket boss won't adequately protect consumers or union labor facing dramatically increased concentration.
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July 30, 2024
Miami Must Face Ex-Police Chief's Retaliation Suit
A Florida federal judge has denied Miami officials' bids to toss a retaliation lawsuit brought by the city's former police chief, rejecting claims that he hadn't exhausted his administrative remedies before filing his complaint and saying his attempts to do so would be considered futile.
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July 30, 2024
Judge OKs Deal Ending Asylum Seekers' Work Eligibility Suit
A Washington federal court signed off Tuesday on a preliminary settlement resolving asylum seekers' claims that federal immigration agencies have forced them to wait longer than the 180-day waiting period to apply for work permits.
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July 30, 2024
Starbucks Gets White Ex-Worker's Bias Suit Pared Down
A New Jersey federal judge on Tuesday trimmed a white former Starbucks store manager's lawsuit alleging she was fired to help the coffee company save face amid accusations of discrimination against Black workers, ruling she filed several claims too late.
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July 30, 2024
Ex-Allied World Insurance Exec. Admits To $1.5M Fraud
A former Allied World Insurance Co. executive pleaded guilty Tuesday to running a scheme that tricked the company into paying nearly $1.5 million for phony construction work and collecting undisclosed kickbacks from its vendors.
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July 30, 2024
3rd Circ. Upends Nonprofit's Win In Age, Disability Bias Suit
The Third Circuit reinstated a lawsuit a drug counselor brought against a nonprofit treatment center that he said refused to hire him because he was in his mid-60s and had a leg disability, ruling Tuesday that the lower court relied on an outdated interpretation of federal civil rights law.
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July 30, 2024
Boston's Ex-Top Cop Says Abuse Claims Lack Corroboration
A terminated Boston Police commissioner argued to a federal judge Tuesday that he was unconstitutionally denied a public forum to clear his name after the city released a report citing decades-old domestic abuse claims made by his ex-wife.
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July 30, 2024
Utility Co. Denied Injunction In Row Over Apprentice Workers
A Michigan federal judge has denied a utility construction and maintenance company's bid for an injunction against a joint labor-management committee supervising apprentice line workers in the company's antitrust suit, finding that the company is unlikely to succeed on the merits of its claim.
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July 30, 2024
Ga. School District Wants 'Divisive Concepts' Suit Tossed
A metro Atlanta school district facing charges that it censors LGBTQ+ content and punishes educators who advocate for inclusivity asked a Georgia federal judge to dismiss a suit from a fired teacher that the district claimed would strip schools of the power to decide what's appropriate material for students.
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July 30, 2024
Insurer Says Trucking Co.'s BIPA Suit Isn't Covered
An insurer told an Illinois state judge to declare that it has no duty to defend a trucking company against allegations that it illegally mishandled employees' biometric information.
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July 30, 2024
CAA Beats 'Empire' Actor's Fraud Suit, But He Gets Take 3
A Los Angeles judge on Tuesday granted Creative Artists Agency's motion to toss "Empire" star Terrence Howard's claims alleging the talent agency's conflicting interests led him to accept a salary below industry standards, but gave him another chance to amend the claims to address issues over the statute of limitations.
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July 30, 2024
Gruden Makes Last-Ditch Bid To Keep NFL Feud In Court
Former NFL coach Jon Gruden is making another push to keep his contract interference and conspiracy suit against the league in open court, calling on the entire Nevada Supreme Court to examine whether the case should be shuffled to arbitration.
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July 30, 2024
Fed. Circ. Backs Ga. ALJ's Firing For 'Unbecoming' Conduct
The Federal Circuit has upheld the removal of a Georgia administrative law judge over a pattern of "deficiencies" uncovered in his rulings, insubordination, and a workplace tirade in which he reportedly told a supervisor she was "worse than a Nazi," the court said Tuesday.
Expert Analysis
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Compliance Strategies To Mitigate 3 New Areas Of AI Risk
The era of artificial intelligence-assisted corporate crime is here, but several concrete mitigation strategies can allow companies to address the new, rapidly evolving threats posed by deepfakes, information barrier evasion and AI model manipulation, say attorneys at Debevoise.
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Refresher On Employee Qualifications For Summer Interns
Before companies welcome interns to their ranks this summer, they should consider the extent to which the interns may be entitled to the same legal protections as employees, including the right to be paid for their hours worked and to receive at least minimum wage and overtime, says Kate LaQuay at Munck Wilson.
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Opinion
The FTC's Noncompete Rule Is Likely Dead On Arrival
The Federal Trade Commission's April 23 noncompete ban ignores the consequences to the employees it claims to help — but the rule is unlikely to go into effect provided the ideological makeup of the U.S. Supreme Court remains the same, say Erik Weibust and Stuart Gerson at Epstein Becker.
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McKesson May Change How AKS-Based FCA Claims Are Pled
The Second Circuit’s analysis in U.S. v. McKesson, an Anti-Kickback Statute-based False Claims Act case, provides guidance for both relators and defendants parsing scienter-related allegations, say Li Yu at Dicello Levitt, Ellen London at London & Stout, and Erica Hitchings at Whistleblower Law.
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5 Employer Actions Now Risky After Justices' Title VII Ruling
Last week in Muldrow v. St. Louis, the U.S. Supreme Court ruled that harm didn't have to be significant to be considered discriminatory under Title VII of the Civil Rights Act, making five common employer actions vulnerable to litigation, say Kellee Kruse and Briana Scholar at The Employment Law Group.
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Series
Being An Equestrian Makes Me A Better Lawyer
Beyond getting experience thinking on my feet and tackling stressful situations, the skills I've gained from horseback riding have considerable overlap with the skills used to practice law, particularly in terms of team building, continuing education, and making an effort to reset and recharge, says Kerry Irwin at Moore & Van Allen.
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Teach Your Party Representative The Art Of Nonverbal Cues
As illustrated by recent reports about President Donald Trump’s nonverbal communication in court, jurors notice what’s happening at counsel table, which may color their perceptions of the case as a whole, so trial attorneys should teach party representatives to self-monitor their nonverbal behaviors, says Clint Townson at Townson Consulting.
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FTC Noncompete Ban Signals Rising Labor Focus In Antitrust
The Federal Trade Commission’s approval this week of a prohibition on noncompete agreements continues antitrust enforcers’ increasing focus on labor, meaning companies must keep employee issues top of mind both in the ordinary course of business and when pursuing transactions, say attorneys at Skadden.
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Breaking Down EEOC's Final Rule To Implement The PWFA
Attorneys at Littler highlight some of the key provisions of the U.S. Equal Employment Opportunity Commission's final rule and interpretive guidance implementing the Pregnant Workers Fairness Act, which is expected to be effective June 18, and departures from the proposed rule issued in August 2023.
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4 Ways To Refresh Your Law Firm's Marketing Strategy
With many BigLaw firms relying on an increasingly obsolete marketing approach that prioritizes stiff professionalism over authentic connection, adopting a few key communications strategies to better connect with today's clients and prospects can make all the difference, say Eric Pacifici and Kevin Henderson at SMB Law.
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How To Prepare As Employee Data Reporting Deadlines Near
As filing deadlines approach, government contractors and private companies alike should familiarize themselves with recent changes to federal and California employee data reporting requirements and think strategically about registration of affirmative action plans to minimize the risk of being audited, say Christopher Durham and Zev Grumet-Morris at Duane Morris.
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Address Complainants Before They Become Whistleblowers
A New York federal court's dismissal of a whistleblower retaliation claim against HSBC Securities last month indicates that ignored complaints to management combined with financial incentives from regulators create the perfect conditions for a concerned and disgruntled employee to make the jump to federal whistleblower, say attorneys at Cooley.
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The Practical Effects Of Justices' Arbitration Exemption Ruling
The U.S. Supreme Court's recent decision in Bissonnette v. LePage Bakeries, that a transportation worker need not work in the transportation industry to be exempt from the Federal Arbitration Act, may negatively affect employers' efforts to mitigate class action risk via arbitration agreement enforcement, say Charles Schoenwetter and Eric Olson at Bowman and Brooke.
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Highlights From The 2024 ABA Antitrust Spring Meeting
U.S. merger enforcement and cartels figured heavily in this year's American Bar Association spring antitrust meeting, where one key takeaway included news that the Federal Trade Commission's anticipated changes to the Hart-Scott-Rodino form may be less dramatic than many originally feared, say attorneys at Freshfields.
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Why Corporate DEI Challenges Increasingly Cite Section 1981
As legal challenges to corporate diversity, equity and inclusion initiatives increase in the wake of the U.S. Supreme Court's ruling on race-conscious college admissions last year, Section 1981 of the Civil Rights Act is supplanting Title VII as conservative activist groups' weapon of choice, say Mike Delikat and Tierra Piens at Orrick.