Employment

  • April 03, 2024

    9th Circ. Doubts Kosher Tester's Religious Carveout Challenge

    A Ninth Circuit panel on Wednesday seemed skeptical of a worker's argument that the ministerial exception does not apply to his suit accusing an Orthodox Jewish organization of failing to pay him overtime for his work making sure grapes used for wines were kept kosher.

  • April 03, 2024

    Bank Wraps Up Ex-VP's Age Discrimination Suit

    A community bank reached an agreement with a former senior vice president to end his age bias lawsuit accusing the bank of forcing him into a rigorous interview process and then replacing him with someone 20 years his junior, the parties told a Florida federal court Wednesday.

  • April 03, 2024

    BlackBerry Fired Worker Harassed By Executive, Suit Says

    BlackBerry swept away a former employee's allegations that an executive sexually harassed her and then fired her to make way for his ascension to CEO, according to a complaint filed Wednesday in California federal court.

  • April 03, 2024

    Groups Fight DOL's Bid To Toss Suit Challenging Wage Rule

    A pair of construction industry trade groups urged a Texas federal court to preserve their challenge to a U.S. Department of Labor rule that revises prevailing wage calculations for federally funded projects, arguing that the rule injures both them and the firms they represent.

  • April 03, 2024

    Joonko Tells Chancery Ex-CEO Shouldn't Get Legal Fees

    Defunct job board startup Joonko, which closed last year after its CEO resigned amid fraud allegations, told Delaware's Court of Chancery on Wednesday that it has no obligation to advance her defense costs in federal government investigations because she is no longer a director or officer of the company.

  • April 03, 2024

    3rd Circ. Judge Wonders If Philly Union Rule Dispute Is Moot

    A Third Circuit judge on Wednesday wondered whether a former Philadelphia mayor's order requiring contractors to pay dues to "city-approved" unions was now moot, given the new administration's assurances that it won't be implemented, as contractors urged the court to find that the scrapped rule should be banned by law.

  • April 03, 2024

    Hospital Workers' Vax Free Speech Suit Falls Flat At 6th Circ.

    The Sixth Circuit backed the dismissal of two workers' claims that a children's hospital violated their constitutional rights when it rejected their religious objections to a COVID-19 vaccine mandate, saying Wednesday they failed to show the hospital was a government actor.

  • April 03, 2024

    14 AGs Urge DOL To Seek More Payroll Info From Contractors

    Contractors performing construction, alteration or repair work on government buildings should have to give the U.S. Department of Labor more detailed information about the deductions they take from workers' wages, a coalition of Democratic state attorneys general told the agency in a letter publicized Wednesday.

  • April 03, 2024

    Cannabis Cos. Agree To Proposed Deal In Workers' Wage Suit

    A New Mexico federal judge has given preliminary approval to a $525,000 deal that would end a cannabis-employee-led lawsuit accusing dispensary owners of taking a large portion of tips meant for retail workers and giving them to store managers and supervisors.

  • April 03, 2024

    Auto Insurer Seeks Payback After $2M Car Crash Settlement

    A business insurer of a man who crashed a rental car into a motorcyclist while working in Los Angeles should pay something in connection with a $2 million settlement with the injured biker, an auto insurer told a California federal court, seeking to recoup its expenses.

  • April 03, 2024

    Ex-NFL Player's Disability Benefits Suit Tossed As Too Late

    A Florida federal judge threw out a suit from a former NFL player who said fraud made him miss out on the disability benefits he was owed, ruling he missed the deadline to challenge the decision that lowered his payments.

  • April 03, 2024

    Fed. Circ. Backs Firing IRS Agent Who Golfed On Agency Time

    A former senior appraiser for the Internal Revenue Service was appropriately fired for golfing on company time, a federal appeals court affirmed Wednesday.

  • April 02, 2024

    Ye Spewed Anti-Jewish And LGBTQ Hate, Fired Worker Says

    Rapper Ye, his companies and Donda Academy were hit with a discrimination suit in California state court Tuesday by a former employee who accuses Ye of threatening to cage students, spewing hateful rhetoric against Jewish people and the LGBTQ community, and treating Black employees far worse than white staffers.

  • April 02, 2024

    Northwestern Must Face Fired Football Coach's $130M Suit

    An Illinois state judge refused Tuesday to dismiss fired Northwestern University football coach Pat Fitzgerald's $130 million contract breach suit alleging he was terminated without cause amid a monthslong probe into hazing allegations, teeing up the case for trial in April 2025.

  • April 02, 2024

    3rd Circ. Preview: Black Lung, Back Pay On Tap In April

    The Third Circuit this month will consider Keystone Coal Mining Co.'s contention that a lower court erred in deeming a miner's black lung a "total disability," while a shuttered rehabilitation facility has asked the court to undo the National Labor Relations Board's determination that it owes unionized employees back pay and bonuses for work done during the COVID-19 pandemic.

  • April 02, 2024

    Ga. Judge Tosses Ex-Police Chief's Retaliation Suit

    A Georgia federal judge has freed the city of Austell from a lawsuit brought against it by its former police chief, who alleged that he was forced out of his job after three years of raising concerns about the safety of department facilities.

  • April 02, 2024

    'Road Not Taken': Uber Defends Verdict With Poetic Flair

    Making reference to Robert Frost's poem "The Road Not Taken," Uber Technologies Inc. on Monday said a group of UberBlack drivers chose their road when they urged a Pennsylvania federal court to consider less than a unanimous verdict, and could not turn back around when the jurors leaned toward declaring them independent contractors.

  • April 02, 2024

    2 More Poultry Cos. Settle Wage-Fixing Suit

    Poultry processing workers sought preliminary approval Monday for deals with Case Foods Inc. and Mountaire Farms totaling $22 million that would make the companies the 10th and 11th wage-fixing defendants to settle out of a broader Maryland federal court case where total payouts reach $217.25 million.

  • April 02, 2024

    Transportation Department Finalizes New Train Crew Size Rule

    The U.S. Department of Transportation's Federal Railroad Administration on Tuesday finalized a rule requiring freight trains to be operated with at least two people, forging ahead with a mandate long supported by rail workers' unions and safety advocates, but one that major rail carriers have decried as unnecessary and costly.

  • April 02, 2024

    Ex-Army Officer Says Gov't Smeared Him With False Claims

    A former major general in the U.S. Army on Tuesday sued the U.S. Department of Defense and others, alleging that the government wrongly recorded him as having assaulted his partner, despite her recanting the allegations and admitting they were a ploy to seek attention.

  • April 02, 2024

    Security Guard Co. Settles DOJ's Immigration Bias Probe

    Nationwide security guard company Securitas Security Services USA Inc. has agreed to pay $175,000 to resolve investigations into its hiring practices that the U.S. Department of Justice was conducting after it received a complaint that the firm was discriminating against non-U.S. citizens, the government announced Tuesday.

  • April 02, 2024

    ZeniMax Escapes Trans Ex-Worker's Coverage Denial Suit

    A Maryland federal judge granted video game developer ZeniMax's bid to toss a transgender ex-employee's suit claiming the business didn't uphold promises it would continue her health coverage after she left the company because of harassment, saying she didn't show that federal benefits laws were violated.

  • April 02, 2024

    Truckers Reach $2.5M Deal On Sleeper Berth Claim

    A transportation company and its subsidiary said they won't challenge a First Circuit ruling that time long-haul truckers spend in sleeper berths is compensable, agreeing to shell out a $2.5 million judgment on top of an already approved $12.5 million deal.

  • April 02, 2024

    4 Mass. Rulings You May Have Missed In March

    A former Harvard Business School professor who was denied tenure after his angry emails to a restaurant went viral was among the winners from a slate of recent Massachusetts state court decisions, which also addressed claims about "forever chemicals" in firefighting gear and a popular gym shut down during the pandemic.

  • April 02, 2024

    BigLaw Recruiter's Bid To Ditch $6M Ruling Fails At 5th Circ.

    A BigLaw recruiter is on the hook for more than $6 million for stealing trade secrets and breaking a noncompete agreement with his former employer after the Fifth Circuit ruled client details taken by the recruiter were confidential information.

Expert Analysis

  • HR Antitrust Compliance Crucial Amid DOJ Scrutiny

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    The Justice Department's Antitrust Division recently announced a required human resources component for antitrust compliance programs, which means companies should evaluate their policies to prevent, detect and remediate potential violations as they add training for HR professionals, say attorneys at Morgan Lewis.

  • Calif. Disclosure Update Adds To Employer Trial Prep Burden

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    Though California’s recently updated litigation disclosure procedures may streamline some aspects of employment suits filed in the state, plaintiffs' new ability to demand a wider range of information on a tighter timeline will burden companies with the need to invest more resources into investigating cases much earlier in the process, says Jeffrey Horton Thomas at Fox Rothschild.

  • Mass Arb. Rule Changes May Be A Hindrance For Consumers

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    The American Arbitration Association's recent changes to its mass arbitration supplementary rules and fee schedule, including a shift from filing fees to initiation and per-case fees, may reduce consumers' ability to counteract businesses' mandatory arbitration agreements, say Eduard Korsinsky and Alexander Krot at Levi & Korsinsky.

  • 3 Principles For Minimizing The Risk Of A Nuclear Verdict

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    In one of the latest examples of so-called nuclear verdicts, a single plaintiff was awarded $2.25 billion in a jury trial against Monsanto — revealing the need for defense attorneys to prioritize trust, connection and simplicity when communicating with modern juries, say Jenny Hergenrother and Mia Falzarano at Alston & Bird.

  • Series

    Coaching High School Wrestling Makes Me A Better Lawyer

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    Coaching my son’s high school wrestling team has been great fun, but it’s also demonstrated how a legal career can benefit from certain experiences, such as embracing the unknown, studying the rules and engaging with new people, says Richard Davis at Maynard Nexsen.

  • SG's Office Is Case Study To Help Close Legal Gender Gap

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    As women continue to be underrepresented in the upper echelons of the legal profession, law firms could learn from the example set by the Office of the Solicitor General, where culture and workplace policies have helped foster greater gender equality, say attorneys at Ocean Tomo.

  • Series

    In Focus At The EEOC: Protecting Vulnerable Workers

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    It's meaningful that the U.S. Equal Employment Opportunity Commission's strategic enforcement plan prioritizes protecting vulnerable workers, particularly as the backlash to workplace racial equity and diversity, equity and inclusion programs continues to unfold, says Dariely Rodriguez at the Lawyers’ Committee for Civil Rights Under Law.

  • The Latest Antitrust Areas For In-House Counsel To Watch

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    The U.S. Department of Justice and the Federal Trade Commission's increasingly aggressive approach to antitrust enforcement means in-house counsel should closely monitor five key compliance issues, say attorneys at Squire Patton.

  • NCAA's Antitrust Litigation History Offers Clues For NIL Case

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    Attorneys at Perkins Coie analyze the NCAA's long history of antitrust litigation to predict how state attorney general claims against NCAA recruiting rules surrounding name, image and likeness discussions will stand up in Tennessee federal court.

  • SAG-AFTRA Contract Is A Landmark For AI And IP Interplay

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    SAG-AFTRA's recently ratified contract with the Alliance of Motion Picture and Television Producers introduced a framework to safeguard performers' intellectual property rights and set the stage for future discussions on how those rights interact with artificial intelligence — which should put entertainment businesses on alert for compliance, says Evynne Grover at QBE.

  • 4 Steps To Navigating Employee Dementia With Care

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    A recent Connecticut suit brought by an employee terminated after her managers could not reasonably accommodate her Alzheimer's-related dementia should prompt employers to plan how they can compassionately address older employees whose cognitive impairments affect their job performance, while also protecting the company from potential disability and age discrimination claims, says Robin Shea at Constangy.

  • Googling Prospective Jurors Is Usually A Fool's Errand

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    Though a Massachusetts federal court recently barred Google from Googling potential jurors in a patent infringement case, the company need not worry about missing evidence of bias, because internet research of jury pools usually doesn’t yield the most valuable information — voir dire and questionnaires do, says Sarah Murray at Trialcraft.

  • How Dartmouth Ruling Fits In NLRB Student-Athlete Playbook

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    A groundbreaking decision from a National Labor Relations Board official on Feb. 5 — finding that Dartmouth men's basketball players are employees who can unionize — marks the latest development in the board’s push to bring student-athletes within the ambit of federal labor law, and could stimulate unionization efforts in other athletic programs, say Jennifer Cluverius and Patrick Wilson at Maynard Nexsen.

  • Del.'s Tesla Pay Takedown Tells Boards What Not To Do

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    The Delaware Chancery Court’s ruthless dissection of the Tesla board’s extreme departures from standard corporate governance in its January opinion striking down CEO Elon Musk’s $55 billion pay package offers a blow-by-blow guide to mistakes Delaware public companies can avoid when negotiating executive compensation, say attorneys at Cleary.

  • A Look Into How Jurors Reach High Damages Awards

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    In the wake of several large jury awards, Richard Gabriel and Emily Shaw at Decision Analysis shed light on challenges that jurors have in deciding them, the nonevidentiary and extra-legal methods they use to do so, and new research about the themes and jury characteristics of high-damages jurors.

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