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Employment
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July 25, 2024
6th Circ. Asks Union If Steel Co. Must Pay 'Double' Benefits
During oral arguments Thursday in a "messy, complex" union fringe benefits dispute, a Sixth Circuit panel questioned whether ruling for a union pension fund would require a steel contractor to pay benefits twice for out-of-state workers.
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July 25, 2024
Ex-Ga. City Manager Asks 11th Circ. To Revive Race Bias Suit
A white former city manager on Thursday asked the Eleventh Circuit to revive his race bias suit against Cordele, Georgia, and its commission chair, arguing the district court that oversaw the case held him to an improper evidentiary standard in dismissing his claims.
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July 25, 2024
GOP States Win Reprieve From Title IX Gender Identity Rule
The U.S. Department of Education can't enforce its new interpretation of Title IX expanding LGBTQ+ rights against six states challenging the regulations, a Missouri federal judge ruled, saying the federal agency's interpretation of the statute isn't owed any deference under recent U.S. Supreme Court precedent.
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July 25, 2024
Warren Slams Fed Chief For Inaction On Bank Exec Pay
Sen. Elizabeth Warren, D-Mass., urged the Federal Reserve's top official to support rulemaking that would restrict incentive-based pay for executives at big banks, a long-overdue policy change that Congress required in the 2010 Dodd-Frank Act.
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July 25, 2024
Wash. High Court Tosses Nurse's Religious Bias Lawsuit
A state-run residential care facility was allowed to fire a nurse who kept requesting religious leave after the facility had already given her nine days off to practice nondenominational Christianity — seven more religious days than its union contract required, Washington state's high court ruled Thursday.
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July 25, 2024
Google Bias Case Tossed After Reported Settlement
A Manhattan federal judge dismissed a suit brought by a former Google executive who claimed he was fired after alleging that a female colleague sexually harassed him, citing a reported settlement with the company.
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July 25, 2024
USDA Drops Push To Certify Contractors' Labor Compliance
The U.S. Department of Agriculture on Thursday scrapped from a proposed rule requirements for federal contractors to attest that they were following federal and state labor laws, tossing President Barack Obama's efforts an earlier version of the rule revamped.
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July 25, 2024
Ex-Pharma Exec's Counsel Accused Of Reading Stolen Emails
A New Jersey pharmaceutical startup wants to disqualify the "tainted" attorneys of a former executive who was allegedly caught spying on the CEO, claiming the attorneys should have immediately shielded their eyes when they realized their client was using stolen, privileged emails to carry out an "attempted shakedown."
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July 25, 2024
Loeb & Loeb Says Ex-GC's Sanctions Motion Is Bogus
Loeb & Loeb LLP urged a Colorado federal judge Wednesday to reject a former general counsel's allegations that it deliberately sent a thumb drive of documents that aren't text searchable, saying they are actually searchable and would have otherwise sent over 64,000 physical pages that weren't.
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July 25, 2024
Patent Atty Seeks Closure Over Ex-Firm's Back Wages
Discovery in a patent attorney's suit against his former firm, Pittsburgh-based Keevican Weiss & Bauerle LLC, has produced enough evidence to support summary judgment on some of his claims, according to a new motion filed this week in Allegheny County.
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July 25, 2024
Ex-Defender Says Judiciary Reform Study Buoys Bias Suit
A former public defender who accused the federal judiciary of flubbing its investigation of her sexual harassment claim has doubled down on her request for the court to take notice of a recent study promoting judiciary workplace reforms, hitting back at her opponent's attempt to discredit the report's relevance.
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July 25, 2024
Foley Hoag Hit With Overtime Wage Suit By NY Support Tech
A former support technician at Foley Hoag LLP accused the firm of "egregious violations of wage and hour laws" in a lawsuit filed Wednesday in New York federal court.
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July 25, 2024
Disney Can't Sink Fired 'Star Wars' Actor's Political Bias Suit
Disney and Lucasfilm must face a former "Star Wars" actor's lawsuit claiming she was unlawfully fired for sharing political views on social media, a California federal judge ruled, saying the companies hadn't shown that her statements impeded their artistic expression.
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July 25, 2024
Rising Star: Jones Day's Kristina Yost
Kristina Yost of Jones Day has acted as lead counsel for Bloomberg LP in several high-profile Fair Labor Standards Act suits, helped a manufacturing company defeat a suit claiming it failed to pay overtime and worked to resolve an age discrimination case against IBM, earning her a spot among the employment law practitioners under age 40 honored by Law360 as Rising Stars.
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July 25, 2024
Calif. Justices Rule Prop 22 Is Constitutional
The California Supreme Court on Thursday upheld the Proposition 22 statewide ballot measure from 2020 that exempts certain app-based drivers from the state's independent contractor classification law, a ruling that could have widespread consequences for the gig economy and driver litigation.
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July 24, 2024
11th Circ. Says Nokia Unit Immune From Worker's Negligence Suit
The Eleventh Circuit on Wednesday declined to revive a suit against Nokia subsidiary SAC Wireless LLC by a worker who was electrocuted and seriously injured while helping remove a crane from a cell tower site in Georgia, ruling that the worker was an employee of a subcontractor, not SAC Wireless.
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July 24, 2024
Texas Judge Prods MoneyGram Worker's Retaliation Claims
A Texas federal judge told an ex-MoneyGram International worker that she needed to establish more evidence to show why her employer fired her in retaliation for taking medical leave, saying during a Wednesday hearing that the proximity between the leave and her termination couldn't clear summary judgment.
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July 24, 2024
PepsiCo, Frito-Lay Sued Over Flamin' Hot Cheetos Origin Story
A retired Frito-Lay executive previously touted as the inventor of Flamin' Hot Cheetos is suing the snack giant and its parent company PepsiCo in California state court for defamation and racial discrimination, claiming there's a "smear campaign" to discredit him that has derailed his motivational speaker career and a planned documentary.
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July 24, 2024
SF DA Sued By Staffer Fired Over 'Panties' Reply-All Snafu
A San Francisco District Attorney's Office staffer who says he was fired after accidentally sending a risqué reply-all email at work has filed a state court lawsuit accusing his former boss and the county of defamation and standing in the way of his getting future employment.
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July 24, 2024
Ex-Arena Group CEO Says He's Owed Fees For Dueling Suits
The former CEO of digital publisher The Arena Group is demanding that the company make its contractual payments to him to cover his costs for dueling lawsuits against one another in separate state courts, according to a Wednesday suit in Delaware Chancery Court.
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July 24, 2024
Even With Deal, Athletes Still Fighting For Share Of NCAA Pie
College athletes suing for a cut of NCAA television revenue in Colorado federal court have stressed that they will continue to litigate even if the settlement of a massive class action over name, image and likeness rights in California receives court approval.
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July 24, 2024
Safeway Gets Early Win In Floor Co.'s SEIU Conspiracy Suit
A floor cleaning company can't pursue its claim that Safeway took part in a civil conspiracy with a Service Employees International Union affiliate to award a contract to a competitor, a California federal judge ruled.
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July 24, 2024
Ex-SAP Exec Settles Whistleblowing Retaliation Suit
A former executive of software giant SAP has settled his retaliation and age discrimination claims, according to a Wednesday order by a Pennsylvania federal court.
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July 24, 2024
Naval Engineers Urge 4th Circ. To Revive No-Poach Suit
A pair of former naval engineers have urged the Fourth Circuit to revive their proposed class action accusing military shipbuilding contractors and related firms of using secret "no-poach" agreements, saying their suit was wrongly ruled untimely amid a cover-up of the alleged scheme.
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July 24, 2024
TikTok Can't Nix Trade Secrets Row By Worker's Ex-Employer
A California federal judge on Tuesday denied TikTok's motion to toss a trade secrets suit by Beijing Meishe relating to copyrighted source code for video editing, finding Meishe plausibly alleged it found a "striking similarity" between the two companies' object codes after one of its employees quit and joined TikTok.
Expert Analysis
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Preparing For Possible Calif. Criminal Antitrust Enforcement
Though a recent announcement that the California Attorney General's Office will resume criminal prosecutions in support of its antitrust enforcement may be mere saber-rattling, companies and their counsel should nevertheless be prepared for interactions with the California AG's Antitrust Section that are not limited to civil liability issues, say Dylan Ballard and Lillian Sun at V&E.
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Studying NY, NJ Case Law On Employee Social Media Rights
While a New Jersey state appeals court has twice determined that an employee's termination by a private employer for social media posts is not prohibited, New York has yet to take a stand on the issue — so employers' decisions on such matters still need to be assessed on a case-by-case basis, say Julie Levinson Werner and Jessica Kriegsfeld at Lowenstein Sandler.
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Stay Interviews Are Key To Retaining Legal Talent
Even as the economy shifts and layoffs continue, law firms still want to retain their top attorneys, and so-called stay interviews — informal conversations with employees to identify potential issues before they lead to turnover — can be a crucial tool for improving retention and morale, say Tina Cohen Nicol and Kate Reder Sheikh at Major Lindsey.
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AI In Accounting Raises OT Exemption Questions
A recent surge in the use of artificial intelligence in accounting work calls into question whether professionals in the industry can argue they are no longer overtime exempt under the Fair Labor Standards Act, highlighting how technology could test the limits of the law for a variety of professions, say Bradford Kelley at Littler and Stephen Malone at Peloton Interactive.
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Calif. High Court Ruling Has Lessons For Waiving Jury Trials
The California Supreme Court’s recent decision in TriCoast Builders v. Fonnegra, denying relief to a contractor that had waived its right to a jury trial, shows that litigants should always post jury fees as soon as possible, and seek writ review if the court denies relief from a waiver, say Steven Fleischman and Nicolas Sonnenburg at Horvitz & Levy.
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A Look At 3 Noncompete Bans Under Consideration In NYC
A trio of noncompete bills currently pending in the New York City Council would have various effects on employers' abilities to enter into such agreements with their employees, reflecting growing anti-noncompete sentiment across the U.S., say Tracey Diamond and Grace Goodheart at Troutman Pepper.
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Series
Spray Painting Makes Me A Better Lawyer
My experiences as an abstract spray paint artist have made me a better litigator, demonstrating — in more ways than one — how fluidity and flexibility are necessary parts of a successful legal practice, says Erick Sandlin at Bracewell.
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Draft Pay Equity Rule May Pose Contractor Compliance Snags
The Federal Acquisition Regulatory Council's recently proposed rule that would prohibit government contractors from requesting certain job applicants' salary history seems simple on the surface, but achieving compliance will be a nuanced affair for many contractors who must also adhere to state and local pay transparency laws, say attorneys at Hogan Lovells.
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2nd Circ. Baby Food Ruling Disregards FDA's Expertise
The Second Circuit's recent decision in White v. Beech-Nut Nutrition, refusing to defer litigation over heavy metals in baby food until the U.S. Food and Drug Administration weighs in on the issue, provides no indication that courts will resolve the issue with greater efficiency than the FDA, say attorneys at Phillips Lytle.
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Past CCPA Enforcement Sets Path For Compliance Efforts
The California Privacy Protection Agency and the California Attorney General's Office haven't skipped a beat in investigating potential noncompliance with the California Consumer Privacy Act, and six broad issues will continue to dominate the enforcement landscape and inform compliance strategy, say attorneys at Reed Smith.
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Securing A Common Understanding Of Language Used At Trial
Witness examinations in the Georgia election interference case against former President Donald Trump illustrate the importance of building a common understanding of words and phrases and examples as a fact-finding tool at trial, says Reuben Guttman at Guttman Buschner.
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Where 9th Circ. Lowe's Ruling Leaves PAGA Jurisprudence
Leah Kennedy and Carolyn Wheeler at Katz Banks discuss the legal landscape and controlling precedent around the Private Attorneys General Act that led to the Ninth Circuit's Johnson v. Lowe's decision last month on individual PAGA wage claims, and explore the open questions that it leaves.
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What Texas Employers Should Know After PWFA Ruling
After a Texas federal judge recently enjoined federal agencies from enforcing the Pregnant Workers Fairness Act against the state of Texas, all employers must still remain sensitive to local, state and federal protections for pregnant workers, and proactive in their approach to pregnancy-related accommodations, says Maritza Sanchez at Phelps Dunbar.
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5 Issues To Consider When Liquidating Through An ABC
Assignments for the benefit of creditors continue to grow in popularity as a tool for an orderly wind-down, and companies should be considering a number of issues before effectuating the assignment, including in which state it should occur, obtaining tail coverage and preparing a board creditor mailing list, says Evelyn Meltzer at Troutman Pepper.
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Opinion
Judicial Independence Is Imperative This Election Year
As the next election nears, the judges involved in the upcoming trials against former President Donald Trump increasingly face political pressures and threats of violence — revealing the urgent need to safeguard judicial independence and uphold the rule of law, says Benes Aldana at the National Judicial College.