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Employment
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January 06, 2025
Fox Sports Host Offered $1.5M For Sex, Harassment Suit Says
A longtime hairstylist at Fox Sports is accusing the network of ignoring sexual harassment and a toxic workplace environment created by its executives and hosts, including an offer by TV host Skip Bayless of $1.5 million to have sex with her, according to a California state lawsuit.
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January 06, 2025
Texas Restaurant Illegally Claims Tip Credit, Server Says
A Houston-area restaurant should not be allowed to claim a tip credit that permits it to pay servers less than the minimum wage because it failed to inform workers that they have to foot the bill for their uniforms, according to a proposed collective action filed in Texas federal court.
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January 06, 2025
Staffing Co. Strikes $4.4M Deal To End Nurses' Wage Suit
A healthcare staffing agency agreed to pay $4.4 million to resolve a 2,300-member collective action accusing it of shorting travel nurses on overtime wages and forcing them to accept lower pay after they had already begun their contracts, a filing in Washington federal court said.
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January 06, 2025
Arkansas' Justices Block New Chief From Firing Officials
The Arkansas Supreme Court has blocked an attempt by its new chief justice to terminate 10 state court employees, saying that the proposed terminations appear to be "retaliatory" and "would disrupt the administration of justice across the state."
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January 06, 2025
Insurance Execs Seek Defense Costs For Self-Dealing Suit
Insurance company executives who were fired amid accusations they stole assets from their company to start a competing venture demanded coverage for the dispute from their new business's insurer in Georgia Federal Court.
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January 06, 2025
Ohio State, NCAA, Big Ten Look To Sack Ex-QB's NIL Suit
Ohio State University, the NCAA, The Big Ten Conference Inc. and a media rights licensing company urged an Ohio federal judge to toss a proposed class action brought by former Buckeye star quarterback Terrelle Pryor alleging they engaged in an anticompetitive conspiracy to monopolize profits on athletes' names, images and likenesses.
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January 06, 2025
Ex-Sunstein Partner Says Firm Sat On Payments For Months
A former nonequity partner at Sunstein LLP says the firm waited months to pay him approximately $85,000 he was owed for work he performed for two clients he originated for the firm, according to a suit alleging violations of the Massachusetts Wage Act.
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January 03, 2025
Panera Stiffed Catering Staff Out Of OT Pay, PAGA Suit Says
Panera cheated some employees out of overtime wages and reimbursement for the use of their cars and cellphones working with catering clients, and also manipulated records to inaccurately log break times in violation of California labor laws, according to a representative action lodged Thursday in California state court.
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January 03, 2025
Hospital Org Inks $135M Deal To End Ex-CFO's Fraud Claims
Community Health Network has agreed to pay $135 million to end federal healthcare fraud claims brought by its former chief financial officer, a deal reached two years after the Indiana healthcare system agreed to pay $345 million to settle False Claims Act allegations from the government in the qui tam action, the ex-CFO's counsel announced Thursday.
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January 03, 2025
Dallas Fed Hit With Discrimination Suit From Ex-Employee
The Federal Reserve Bank of Dallas has been sued by a former employee who says he was discriminated against and terminated due to his race, skin color and age after complaining to management about himself and other employees of color receiving unfair performance ratings from their supervisor, who is white.
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January 03, 2025
CFPB Flags Concerns About Workplace Collections Calls
The Consumer Financial Protection Bureau has urged federal and state counterparts to "be on the lookout" for companies that call people at work in pursuit of past due debts, a practice the agency said can be unlawful and may need further legislative attention.
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January 03, 2025
Semiconductor Co. Can't Secure H-2B Visa Certification
A U.S. Department of Labor appeals board has upheld the denial of a semiconductor equipment manufacturer's application for temporary employment certification for 10 engineers, saying the company failed to show that the job opportunity is in fact temporary.
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January 03, 2025
RTX's $34M No-Poach Deal Gets First Nod From Conn. Judge
A Connecticut federal judge on Friday gave an initial approval to a $34 million class action settlement by RTX Corp. to end claims that the company's Pratt & Whitney division cooked up an agreement among contractors not to hire one another's aerospace engineers.
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January 03, 2025
Energy Co. Urges 400-Mile Transfer Of Discrimination Suit
A North Texas energy company told a state appeals court Thursday that a former employee's discrimination and libel suit belongs in Tarrant County, arguing the man dishonestly claimed that a substantial part of the suit's events took place more than 400 miles away.
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January 03, 2025
FTC Dems Eye Merger Review, Noncompete Legacy
Federal Trade Commission Democrats started the new year with legacy on the brain, urging the soon-to-be Republican majority in a pair of statements to preserve their more "stringent approach" to merger review and their currently blocked ban on employment noncompete agreements, despite heavy criticism both received from their GOP peers.
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January 03, 2025
Apple Affiliate Operators Accused Of Evading Wage Judgment
The operators of an Apple-affiliated repair company are shirking their duties to pay a nearly $840,000 judgment to workers who secured a jury trial win in their wage and hour lawsuit and have threatened to claw back any money workers receive, a filing in North Carolina federal court said.
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January 03, 2025
Employment Authority: Wage Rules Facing Battles In 2025
Law360 Employment Authority covers the biggest employment cases and trends. Catch up this week with coverage on three Biden-era wage regulations that could face the chopping block in 2025 under a Trump presidency, a roundup of new discrimination laws that attorneys should know about heading into 2025, and how disputes over the National Labor Relations Board's constitutionality are moving forward in the new year.
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January 03, 2025
Budtender Says Tip Pool Suit Can Dodge Arbitration
A budtender accusing a cannabis company of mishandling tips told a Michigan federal court that the arbitration clause in his employment agreement lacks mutuality and doesn't cover his claims, arguing that his case should stay in court.
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January 03, 2025
NY Nursing Home Blames AG's 'Crusade' For Ch. 11
The owner of a 588-bed nursing facility on Long Island has filed for Chapter 11 protection in a New York bankruptcy court with more than $58 million in debt, saying it was the victim of a "crusade" and "smear campaign" launched by the state attorney general's office.
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January 03, 2025
Staples Faces Another Unpaid OT Pay Class Action In Calif.
Staples forced employees to work through breaks and regularly required them to do tasks like helping shoppers before clocking in and without being compensated, according to a proposed wage class action removed to California federal court Thursday, echoing similar wage violation claims alleged by Staples workers filed in the last year.
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January 03, 2025
Mich. Justices Asked To Ease Hospital Liability Standard
A patient has urged the Michigan Supreme Court to clear up the standards for when hospitals can be liable for the mistakes of doctors who treat patients as independent contractors, saying a recent decision by the state's intermediate appellate court added an unwarranted hurdle to holding hospitals responsible.
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January 03, 2025
LA Clippers Seek To Arbitrate Trainer's Firing Suit
The Los Angeles Clippers have asked a California state court to compel to arbitration a former trainer's lawsuit alleging he was fired for raising concerns about the health of star forward Kawhi Leonard.
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January 03, 2025
Migrant Aid Co., Ex-Worker Settle Race Bias Suit
A company that provides services to unaccompanied migrant children reached a settlement in Texas federal court resolving a Black former employee's claims she endured racist comments before being demoted and ultimately fired.
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January 03, 2025
Engineer Sues Amtrak, Milk Hauler Over Collision Injuries
An Amtrak engineer has sued the railroad company and a dairy cooperative in Colorado federal court for their alleged negligence in a train collision with a milk truck that left him with a permanent brain injury.
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January 03, 2025
Calif. Captive Audience Meeting Ban Hit With Legal Challenge
Two California business groups have filed a lawsuit challenging the state's new ban on so-called captive audience meetings, saying the statute is preempted by federal law and interferes with companies' constitutional rights to express their views on unionization.
Expert Analysis
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Litigation Inspiration: Reframing Document Review
For attorneys — new ones especially — there is much fulfillment to find in document review by reflecting on how important, interesting and pleasant it can be, says Bennett Rawicki at Hilgers Graben.
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7th Circ. Travel Time Ruling Has Far-Reaching Implications
In a case of first impression, the Seventh Circuit’s recent holding in Walters v. Professional Labor Group will have significant implications for employers that must now provide travel time compensation for employees on overnight assignments away from home, says Anthony Sbardellati at Akerman.
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Pa. Ruling Highlights Challenges Of Employer Arb. Appeals
A Pennsylvania federal court's recent ruling in Welch Foods v. General Teamsters Local Union No. 397 demonstrates the inherent difficulties employers face when seeking relief from labor arbitration decisions through appeals in court — and underscores how employers are faced with often conflicting legal priorities, says Daniel Johns at Cozen O'Connor.
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7 Ways To Prepare For An I-9 Audit Or Immigration Raid
Because immigration enforcement is likely to surge under the upcoming Trump administration, employers should take steps to ensure their staff is trained in employment eligibility verification requirements and what to do in the event of an Immigration and Customs Enforcement I-9 audit or workplace raid, say attorneys at Littler.
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Args In 2 High Court Cases May Foretell Clarity For Employers
Mary Anna Brand at Maynard Nexsen examines possible employment implications of two cases argued before the Supreme Court this fall, including a higher bar for justifying employees as overtime exempt under the Fair Labor Standards Act, and earlier grants of prevailing party status for employee-plaintiffs seeking attorney fees.
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California Supreme Court's Year In Review
Attorneys at Horvitz & Levy highlight notable decisions on major questions from the California Supreme Court's last term, including voter initiatives, hostile work environment and the economic loss rule.
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Disentangling Various Forms Of Workplace Discrimination
Pay inequity can be missed where it exists and misidentified due to incorrect statistics, leaving individuals to face multiple facets of discrimination connected by a common root cause, meaning correct identification and measurement is crucial, says Daniel Levy at Advanced Analytical.
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What Lawyers Can Learn From High School AI Suit
A pending Massachusetts lawsuit regarding artificial intelligence use in an academic setting underscores the need for attorneys to educate themselves on AI technology and tools that affect their clients so they can advise on establishing clear expectations and limits around the permissible use of AI, say attorneys at Hinckley Allen.
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Calif. Ruling May Shield Public Employers From Labor Claims
In Stone v. Alameda Health System, the California Supreme Court recently exempted a county hospital from state-mandated rest breaks and the Private Attorneys General Act, granting government employers a robust new bulwark against other labor statutes by undermining an established doctrine for determining if a law applies to public entities, say attorneys at Hunton.
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Best Practices For Effective Employee Assistance Programs
Employee assistance programs can be a powerful tool for establishing health and wellness initiatives in workplaces, and certain implementation steps can help both employers and workers gain maximum benefit from EAPs, say attorneys at Foley & Lardner.
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Series
Flying Makes Me A Better Lawyer
Achieving my childhood dream of flying airplanes made me a better lawyer — and a better person — because it taught me I can conquer difficult goals when I leave my comfort zone, focus on the demands of the moment and commit to honing my skills, says Ivy Cadle at Baker Donelson.
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NLRB One-Two Punch Curbs Employer Anti-Organizing Tools
The National Labor Relations Board’s recent decisions in Siren Retail and Amazon, limiting employer speech about the impact of unionization and outlawing captive audience meetings, severely curtail employers' arsenal of tools to combat an organizing campaign — though this may soon change under a new administration, say attorneys at Benesch.
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Key Requirements In New Maryland Pay Transparency Laws
Although several jurisdictions now require pay transparency in job advertisements, Maryland's new law is among the broadest in the country, both in terms of what is required and the scope of its applicability, says Sarah Belger at Quarles & Brady.
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What Trump's Next Term May Mean For Biz Immigration
Leonard D'Arrigo at Harris Beach discusses the employment-based immigration policies businesses can potentially expect during President-elect Donald Trump’s second term, based on policies enacted during his first administration, statements made during his campaign and proposals in Project 2025.
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Lessons From EEOC Case Of Fla. Worker Fired After Stillbirth
A recent federal court settlement between a Florida resort and a fired line cook shows that the U.S. Equal Opportunity Employment Commission sees stillbirth as protected under the Pregnant Workers Fairness Act, also providing four other important lessons, says Gordon Berger at Pierson Ferdinand.