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Employment
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August 28, 2024
Instacart Can Arbitrate Driver's Suit, But 2nd Circ. To Weigh In
A New York federal judge shipped to arbitration a driver's lawsuit alleging that Instacart misclassified him as an independent contractor but said the Second Circuit can weigh in on whether the Federal Arbitration Act's exemption applies that allows cases from transportation workers to stay in court.
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August 28, 2024
Conn. Investment Firm Withheld Pay, Commissions, Suit Says
Six former employees of Connecticut investment advisory firm Excel Wealth Management LLC have sued the company and its members in state court seeking hourly wages or commissions they claimed they were never paid, with some alleging they were terminated for speaking out about their compensation.
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August 28, 2024
Covering Up For Mayor Not Fire Chief's Job, 6th Circ. Says
Covering up alleged misconduct to help a Michigan mayor pursue reelection was not part of an ex-fire chief's official job duties, a Sixth Circuit panel said Tuesday, finding the fire chief's refusal to lie was protected speech and denying the mayor immunity.
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August 28, 2024
Ga. Appeals Court Says Worker Should Get Pandemic Aid
The Georgia Court of Appeals overturned a superior court order affirming the denial of pandemic unemployment assistance benefits to a college student who worked part-time at a Chick-fil-A, saying both the trial court and the Georgia Department of Labor's review board wrongly found he quit his job for personal reasons.
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August 28, 2024
Bloomberg Staffers Secure Class Cert. In Unpaid OT Suit
A New York federal judge signed off on seven classes of field organizers who accused Michael Bloomberg's 2020 presidential campaign of failing to pay them overtime wages, saying the former workers adequately showed that they had largely uniform job duties.
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August 28, 2024
Ex-Defender Opposes Bid To Fix Record In Harassment Case
A former assistant public defender in North Carolina who lost her suit accusing the judiciary of botching her sexual harassment complaint has called out mistakes in the trial transcripts but opposed the government's method for correcting them, calling the proposal "fundamentally unfair."
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August 28, 2024
Ex-Assistant DA Can't Revive Retaliation Suit At 9th Circ.
The Ninth Circuit declined Wednesday to reinstate a former assistant district attorney's suit claiming he was fired by the city of San Francisco for whistleblowing about what he alleged was misconduct, ruling there's not enough proof he was canned for going to the media with his concerns.
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August 28, 2024
USPTO Atty Union Loses Bid For Right To Review Settlements
The U.S. Patent and Trademark Office must give its attorneys' union a copy of any settlements it reaches in cases involving the attorneys' work conditions, but the agency does not have to let the union review those settlements in advance, an arbitrator held.
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August 28, 2024
Worker Lowers Fee Request In 3rd Bid For OT Deal Approval
A corporate office furnisher and a former employee again asked a Georgia federal court to greenlight a deal that would resolve the worker's suit alleging he was fired for complaining about unpaid overtime, saying this third settlement draft adequately reduces an attorney's fees.
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August 28, 2024
Top Gov't Contracts Cases To Watch In The 2nd Half Of 2024
Federal courts in the latter half of 2024 are expected to scrutinize a strict federal registration requirement for contractors and decide whether whistleblower False Claims Act cases are constitutional, potentially affecting a key federal anti-fraud tool. Here, Law360 previews key disputes that government contractors should have on their radar in the second half of the year.
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August 27, 2024
Wells Fargo Says 'Good Faith' Efforts Ax Investors' Bias Suit
Wells Fargo & Co. urged a California federal judge Tuesday to toss a derivative lawsuit filed by a putative class of shareholders claiming the bank's board of directors failed to address its discriminatory lending and hiring practices, saying there's evidence of "good-faith" efforts to monitor compliance in those areas.
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August 27, 2024
Walmart Has To Face EEOC Again After Losing Bias Trial
The Seventh Circuit gave the Equal Employment Opportunity Commission another chance Tuesday to force Walmart to boost its disability accommodation training after a jury found it intentionally discriminated against an employee with Down syndrome, and affirmed what was originally a $125 million jury verdict later reduced to $419,000.
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August 27, 2024
X Wins Dismissal of Former Workers' Sex Bias Suit, For Now
A California federal judge agreed to throw out former X Corp. workers' suit claiming Elon Musk's takeover of the company formerly named Twitter caused women to lose their jobs, but the judge gave the workers another opportunity to amend their claims.
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August 27, 2024
Revlon Says Ex-Workers Stole Britney Spears Fragrance Deal
Global beauty and cosmetics brand Revlon sued several former fragrance marketing executives and upstart competitor Give Back Beauty in New York federal court, alleging they stole trade secrets and breached contracts when luring Britney Spears' perfume line away from Revlon.
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August 27, 2024
Judges Upend Alaska Airlines Loss, Blame Jury Instruction
A Washington state appeals court on Tuesday threw out a jury verdict granting an Alaska Airlines flight attendant workers' compensation for catching COVID-19 while away from home for her job, in an opinion that said a jury instruction misstated a legal doctrine covering traveling workers.
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August 27, 2024
Clark Hill Adds Atty In NYC From Schoeman Updike
Clark Hill PLC said Tuesday that it is bringing a litigator to its New York City office as a member, one with a focus on financial services and business disputes as well as experience ranging from intellectual property to real estate issues.
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August 27, 2024
Taco Bell Franchisee Will Pay $2M To End Job-Posting Suits
A Taco Bell franchisee, Sharp Electronics and DoorDash are among the latest employers to reach class deals in Washington state court to end job seekers' allegations they failed to include salary or wage ranges in job postings, in violation of Evergreen State pay transparency laws.
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August 27, 2024
White Ex-Coach Asks 11th Circ. To Rethink Bias Suit Ruling
A white former football coach has asked the Eleventh Circuit to rethink its choice not to reopen his case alleging that a Georgia school district unlawfully refused to renew his contract because he's white, arguing that the decision deprives him of his right to have his day in court.
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August 27, 2024
NC State Board Of Education Sued Over NIL Prohibition
A North Carolina mother is challenging the state school board's ban on high school student-athletes using their name, image and likeness for commercial purposes, arguing the state has directed it to regulate, not prohibit, the practice.
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August 27, 2024
Trump-Linked Group Says OPM Delaying Union Comms Bid
The Office of Personnel Management has delayed its response to information bids about agency communications with public sector unions, an organization led by former Trump administration officials alleged in Texas federal court, calling for an order to require the disclosure of requested details.
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August 27, 2024
Grocery Co. Appeals Union Pension Fund's Win To 7th Circ.
A grocery retailer will appeal its Illinois federal court loss to the Seventh Circuit in a dispute over union pension fund withdrawal liability, after the court in July backed an arbitrator's decision that upheld the union's calculation of what was owed as compliant with federal benefits law.
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August 27, 2024
Teacher Sues Ga. School Over Ouster During Medical Absence
A math teacher and state champion wrestling coach at a private school in Atlanta has claimed he was unlawfully forced out of a job after a hospitalization for a kidney infection, with one school official telling him to resign or be fired.
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August 27, 2024
OSHA Hits Chicago Countertop Maker With $1M In Penalties
A Chicago-based countertop manufacturer was hit with nearly $1 million in potential fines for safety and health violations after federal regulators learned that a number of facility workers allegedly suffered major respiratory problems, including a father and son who both require lung transplants.
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August 27, 2024
Perdue Says Jarkesy Sinks DOL's Whistleblower Process
Perdue Farms Inc. has challenged the constitutionality of the U.S. Department of Labor's administrative proceedings for whistleblower complaints as it faces a retaliation complaint from a contractor.
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August 27, 2024
Calif. Panel Won't Block Sanctions Over Firm's Anti-SLAPP Bid
A California appeals court has upheld a trial court's denial of an anti-SLAPP motion in a lawsuit alleging a partner in one law firm tried to misappropriate fees won in an overtime suit by another law firm where he was also a partner.
Expert Analysis
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Texas Ethics Opinion Flags Hazards Of Unauthorized Practice
The Texas Professional Ethics Committee's recently issued proposed opinion finding that in-house counsel providing legal services to the company's clients constitutes the unauthorized practice of law is a valuable clarification given that a UPL violation — a misdemeanor in most states — carries high stakes, say Hilary Gerzhoy and Julienne Pasichow at HWG.
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Series
After Chevron: Good News For Gov't Contractors In Litigation
The net result of the U.S. Supreme Court's decision overturning Chevron deference is that individuals, contractors and companies bringing procurement-related cases against the government will have new pathways toward success, say Joseph Berger and Andrés Vera at Thompson Hine.
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In Memoriam: The Modern Administrative State
On June 28, the modern administrative state, where courts deferred to agency interpretations of ambiguous statutes, died when the U.S. Supreme Court overruled its previous decision in Chevron v. Natural Resources Defense Council — but it is survived by many cases decided under the Chevron framework, say Joseph Schaeffer and Jessica Deyoe at Babst Calland.
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Opinion
It's Time For Nationwide Race-Based Hair Protections
While 24 states have passed laws that prohibit race-based hair discrimination, this type of bias persists in workplaces and schools, so a robust federal law is necessary to ensure widespread protection, says Samone Ijoma and Erica Roberts at Sanford Heisler.
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Series
After Chevron: EEOC Status Quo Will Likely Continue
As the legal landscape adjusts to the end of Chevron deference, the U.S. Equal Employment Opportunity Commission’s rulemaking authority isn’t likely to shift as much as some other employment-related agencies, says Paige Lyle at FordHarrison.
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How High Court Approached Time Limit On Reg Challenges
The U.S. Supreme Court's decision in Corner Post v. Federal Reserve Board effectively gives new entities their own personal statute of limitations to challenge rules and regulations, and Justice Brett Kavanaugh's concurrence may portend the court's view that those entities do not need to be directly regulated, say attorneys at Snell & Wilmer.
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Series
After Chevron: FTC's 'Unfair Competition' Actions In Jeopardy
While the U.S. Supreme Court's decision ending Chevron deference will have limited effect on the Federal Trade Commission's merger guidelines, administrative enforcement actions and commission decisions on appeal, it could restrict the agency's expansive take on its rulemaking authority and threaten the noncompete ban, say attorneys at Baker Botts.
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How To Clean Up Your Generative AI-Produced Legal Drafts
As law firms increasingly rely on generative artificial intelligence tools to produce legal text, attorneys should be on guard for the overuse of cohesive devices in initial drafts, and consider a few editing pointers to clean up AI’s repetitive and choppy outputs, says Ivy Grey at WordRake.
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Series
After Chevron: Various Paths For Labor And Employment Law
Labor and employment law leans heavily on federal agency guidance, so the U.S. Supreme Court’s decision to toss out Chevron deference will ripple through this area, with future workplace policies possibly taking shape through strategic litigation, informal guidance, state-level regulation and more, says Alexander MacDonald at Littler.
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Series
Boxing Makes Me A Better Lawyer
Boxing has influenced my legal work by enabling me to confidently hone the skills I've learned from the sport, like the ability to remain calm under pressure, evaluate an opponent's weaknesses and recognize when to seize an important opportunity, says Kirsten Soto at Clyde & Co.
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Opinion
Industry Self-Regulation Will Shine Post-Chevron
The U.S. Supreme Court's Loper decision will shape the contours of industry self-regulation in the years to come, providing opportunities for this often-misunderstood practice, says Eric Reicin at BBB National Programs.
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3 Ways Agencies Will Keep Making Law After Chevron
The U.S. Supreme Court clearly thinks it has done something big in overturning the Chevron precedent that had given deference to agencies' statutory interpretations, but regulated parties have to consider how agencies retain significant power to shape the law and its meaning, say attorneys at K&L Gates.
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Roundup
After Chevron
In the month since the U.S. Supreme Court overturned the Chevron deference standard, this Expert Analysis series has featured attorneys discussing the potential impact across 26 different rulemaking and litigation areas.
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Opinion
FIFA Maternity Policy Shows Need For Federal Paid Leave
While FIFA and other employers taking steps to provide paid parental leave should be applauded, the U.S. deserves a red card for being the only rich nation in the world that offers no such leave, says Dacey Romberg at Sanford Heisler.
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Opinion
Atty Well-Being Efforts Ignore Root Causes Of The Problem
The legal industry is engaged in a critical conversation about lawyers' mental health, but current attorney well-being programs primarily focus on helping lawyers cope with the stress of excessive workloads, instead of examining whether this work culture is even fundamentally compatible with lawyer well-being, says Jonathan Baum at Avenir Guild.