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Employment
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October 16, 2024
Garth Brooks Says Rape Accuser Already Revealed Herself
Country music star Garth Brooks on Wednesday urged a Mississippi federal court to reject a hair and makeup artist's request that he be sanctioned for publicly revealing her identity out of spite after she accused him of rape, arguing that she already agreed to use her name in the litigation.
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October 16, 2024
Liebert Cassidy's LA Office Head Now Co-Managing Partner
Liebert Cassidy Whitmore announced Tuesday that Melanie L. Chaney, the managing partner of the firm's Los Angeles office, is being elevated to firmwide co-managing partner alongside J. Scott Tiedemann, who plans to transition in a year into a full-time legal practice.
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October 16, 2024
Rail Agency Fired Vax Objectors In 'Sham Process,' Jury Told
Counsel for six fired San Francisco Bay Area Rapid Transit District workers delivered opening statements Wednesday in a new trial over allegations BART discriminated against employees who sought religious exemptions from its COVID-19 vaccination mandate, calling the agency's review of their requests a "sham process."
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October 16, 2024
H2-A Workers Allegedly Forced To Work In Potato Warehouses
Three Mexican citizens filed a proposed collective action in Colorado federal court Tuesday alleging a company lured them to work in the U.S. under guest worker visas with false promises, then trafficked them into forced labor in Colorado potato warehouses.
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October 16, 2024
Ex-Davis Polk Atty Drops Appeal Of Bias Verdict Loss
A former Davis Polk & Wardwell LLP associate on Tuesday dropped his appeal of a jury verdict clearing the firm and two lawyers of liability in a suit alleging he was fired in retaliation for airing concerns about racial bias and diversity.
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October 16, 2024
Conn. Nurses Sue To Block Forced Post-Contract Overtime
A union representing nurses at a Hartford HealthCare-affiliated hospital in Norwich, Connecticut, has asked a state superior court judge to block mandatory overtime assignments, arguing that a 2020 union contract requiring such shifts expired over the summer and that a 2023 state statute bans the hospital's continuing practices.
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October 16, 2024
Ex-Atlanta IT Worker Sues City For Wrongful Firing, Race Bias
A Black woman who previously served as a senior-level director in the city of Atlanta's information management department has filed suit against the city in Georgia federal court, alleging she was fired after months of raising internal complaints of discrimination within the department.
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October 16, 2024
Nerds, Laffy Taffy Maker Hit With Genetic Info Privacy Claims
The Illinois-based company behind popular candies such as Nerds, Laffy Taffy and SweeTarts probes job applicants' medical histories in violation of their genetic information privacy rights, according to a proposed class lawsuit filed Tuesday in Illinois state court.
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October 16, 2024
Award Rightly Reinstates Worker In Pot Test Spat, Judge Says
An arbitration board correctly ordered an Alaska Airlines mechanic's reinstatement after he was fired following a positive test for marijuana, a Washington federal judge concluded, upholding the arbitration panel's view of the just cause provision in the labor contract between the airline and the worker's union.
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October 16, 2024
Record Labels Seek Sanctions For Claim They Aided Combs
Music companies on Wednesday urged a Manhattan federal judge to sanction an attorney for pursuing what they called "outrageous" claims that they supported Sean "Diddy" Combs' sex- and drug-fueled "freak offs."
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October 16, 2024
9th Circ. Won't Rethink Reviving Airline Military Bias Suit
The Ninth Circuit on Wednesday rejected Alaska Airlines' bid for the court to reconsider its August opinion reinstating a class action accusing the airline of illegally denying accrued vacation and sick time to pilots on military assignments.
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October 16, 2024
Ex-Jones Day Attys' Parental Leave Suit Gets 2025 Trial Date
Two former Jones Day associates challenging the firm's family leave policy will go to trial in late 2025 after a D.C. federal judge allowed certain claims in the lawsuit to move forward.
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October 16, 2024
UFC, Fighters Get New Hearing On Revised $375M Settlement
A Nevada federal judge has scheduled an Oct. 22 hearing to consider a $375 million proposed settlement between UFC and former fighters that would resolve claims the organization underpaid match participants for years, according to a minute order on Tuesday.
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October 16, 2024
Historic NY Church Wrongly Demoted Black Worker, Suit Says
A historic Episcopal church in lower Manhattan demoted a Black media relations manager and denied her professional opportunities because of her race after it brought in a new executive, according to a lawsuit filed in New York federal court.
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October 16, 2024
Lesbian Nurse Says Ga. Hospital's Fertility Plan Is Biased
A lesbian nurse has hit a Georgia hospital and healthcare system with a proposed class action, alleging that the medical plan they offer employees discriminates against homosexual women by charging them more upfront to receive fertility care than women in heterosexual relationships.
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October 16, 2024
Remote Workers Weren't Reimbursed For Expenses, Suit Says
A customer experience technology company required remote workers to purchase high-speed internet and computers but didn't reimburse them for these costs, causing their wages to hold less value, a former employee said in a lawsuit filed in Colorado federal court.
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October 16, 2024
Foley Hoag Wants Bulk Of Claims Axed In NY Wage Suit
Foley Hoag LLP has asked a New York federal judge to toss most of the claims in an employee's suit alleging the firm failed to pay overtime wages and engaged in various forms of retaliation and discrimination against him, arguing the complaint "is largely devoid of well-pleaded factual allegations."
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October 16, 2024
Columbia Prof Says Firm Abandoned Her During Israel Probe
A Columbia Law School professor accused plaintiffs employment firm Outten & Golden LLP of abruptly dropping her as a client amid the school's investigation into her comments on campus tensions tied to Israel's attack on Gaza, saying on X Wednesday that the firm's alleged conduct prompted her attorney to resign after nearly 24 years as a partner there.
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October 16, 2024
Combs Asks To ID His Accusers, Citing 'Media Circus'
Hip-hop mogul Sean "Diddy" Combs has asked a Manhattan federal judge to identify the accusers behind his sex-trafficking and racketeering case, claiming the "media circus" surrounding the prosecution and related civil suits has made it impossible for him to develop an adequate defense.
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October 16, 2024
New Orleans Saints, Pelicans Settle Worker's Vaccination Suit
The NFL and NBA teams in New Orleans informed a Louisiana federal judge that they have settled a lawsuit with a former employee who claimed she was wrongfully fired after refusing a COVID-19 vaccine because of medical and religious reasons.
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October 16, 2024
PE Firm Trashed Exec To Avoid Payout In $98M Deal, Suit Says
A Summit Partners affiliate and several executives concocted false allegations of misconduct to get out of fully compensating the owner of an investment management firm as part of an acquisition worth a reported $97.6 million, according to a complaint filed in Massachusetts state court.
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October 16, 2024
House Panel Presses DOL For Contractor Probes Data
The U.S. House Committee on Education and the Workforce on Wednesday pressed the U.S. Department of Labor to disclose data over its independent contractor misclassification investigations, saying that the department continues to hold on to the information even after receiving a subpoena.
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October 16, 2024
DLA Piper Says 'Sloppy' Work Cost Pregnant Associate Job
DLA Piper urged a New York federal court to throw out a former associate's lawsuit alleging that she was fired after requesting maternity leave, saying her work performance was "shockingly poor" during her one year with the firm.
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October 16, 2024
Duquesne University Beats Ex-Gift Officer's Age Bias Suit
Duquesne University defeated a former gift officer's suit claiming he was fired for complaining that his boss reassigned work to a younger employee because he was in his 60s, with a Pennsylvania federal judge ruling that he failed to identify a comparable colleague who was treated better.
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October 16, 2024
Dermatology Practice Can't Escape Fired Doctor's Bias Suit
A Pennsylvania federal judge refused Wednesday to toss a sex and age discrimination suit from a dermatologist who said she was unlawfully fired by the private equity-backed practice that bought her business, ruling she put forward enough details to keep her claims in play.
Expert Analysis
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What To Expect As Worker Bias Suit Heads To High Court
The U.S. Supreme Court is set to hear Ames v. Ohio Department of Youth Services, which concerns how courts treat discrimination claims brought by majority group plaintiffs, and its decision could eliminate the background circumstances test, but is unlikely to significantly affect employers' diversity programs, say Victoria Slade and Alysa Mo at Davis Wright.
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Opinion
Congress Can And Must Enact A Supreme Court Ethics Code
As public confidence in the U.S. Supreme Court dips to historic lows following reports raising conflict of interest concerns, Congress must exercise its constitutional power to enact a mandatory and enforceable code of ethics for the high court, says Muhammad Faridi, president of the New York City Bar Association.
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Pop Culture Docket: Justice Lebovits On Gilbert And Sullivan
Characters in the 19th century comic operas of Gilbert and Sullivan break the rules of good lawyering by shamelessly throwing responsible critical thought to the wind, providing hilarious lessons for lawyers and judges on how to avoid a surfeit of traps and tribulations, say acting New York Supreme Court Justice Gerald Lebovits and law student Tara Scown.
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Mitigating Construction Employers' Risks Of Discrimination
Recent heightened government scrutiny of construction industry employment practices illustrates the need for nondiscriminatory recruitment and proactive assessment of workforces and worksites, including auditing for demographic disparities and taking documented steps to address such issues, say attorneys at Seyfarth.
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Earned Wage Access Laws Form A Prickly Policy Patchwork
Conflicting earned wage access laws across the country, including the Consumer Financial Protection Bureau's recently issued rule, mean providers must adopt a proactive compliance approach and adjust business models where needed, say attorneys at Sheppard Mullin.
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HSR Amendments Intensify Merger Filing Burdens, Data Risk
The antitrust agencies' long-awaited changes to premerger notification rules under the Hart-Scott-Rodino Act stand to significantly increase the time and cost involved in preparing an initial HSR notification, and will require more proactive attention to data issues, says Andrew Szwez at FTI Technology.
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Fla. Ruling May Undermine FCA Whistleblowers' Authority
A Florida federal court's decision in Zafirov v. Florida Medical Associates last month will deprive relators of their ability to bring suits under the False Claims Act, limiting their capability to expose and rectify wrongdoings and potentially affecting billions in FCA recoveries, say Matthew Nielsen and Lily Johnson at Bracewell.
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State Of The States' AI Legal Ethics Landscape
Over the past year, several state bar associations, as well as the American Bar Association, have released guidance on the ethical use of artificial intelligence in legal practice, all of which share overarching themes and some nuanced differences, say Eric Pacifici and Kevin Henderson at SMB Law Group.
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Cos. Should Focus On State AI Laws Despite New DOL Site
Because a new U.S. Department of Labor-sponsored website about the disability discrimination risks of AI hiring tools mostly echoes old guidance, employers should focus on complying with the state and local AI workplace laws springing up where Congress and federal regulators have yet to act, say attorneys at Littler.
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8 Childhood Lessons That Can Help You Be A Better Attorney
A new school year is underway, marking a fitting time for attorneys to reflect on some fundamental life lessons from early childhood that offer a framework for problems that no legal textbook can solve, say Chris Gismondi and Chris Campbell at DLA Piper.
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Navigating Complex Regulatory Terrain Amid State AG Races
This year's 10 attorney general elections could usher in a wave of new enforcement priorities and regulatory uncertainty, but companies can stay ahead of the shifts by building strong relationships with AG offices, participating in industry coalitions and more, say Ketan Bhirud and Dustin McDaniel at Cozen O’Connor.
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How A Trump Win Might Affect The H-1B Program
A review of the Trump administration's attempted overhaul of the H-1B nonimmigrant visa program suggests policies Donald Trump might try to implement if he is reelected, and specific steps employers should consider to prepare for that possibility, says Eileen Lohmann at BAL.
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Compliance Considerations For Calif. Child Labor Audit Law
California employers will need to conduct a fact-intensive analysis to determine whether a new state law that imposes transparency rules for child labor audits applies to their operations, and should look out for regulatory guidance that answers open questions about deadlines and penalties, says Sylvia St. Clair at Faegre Drinker.
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Opinion
This Election, We Need To Talk About Court Process
In recent decades, the U.S. Supreme Court has markedly transformed judicial processes — from summary judgment standards to notice pleadings — which has, in turn, affected individuals’ substantive rights, and we need to consider how the upcoming presidential election may continue this pattern, says Reuben Guttman at Guttman Buschner.
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Illinois May Be Gearing Up To Ban E-Verify
Recently passed amendments to the Illinois Right to Privacy in the Workplace Act appear to effectively ban the use of E-Verify in the state, but ambiguity means employers will have to weigh the risks of continued use while also taking note of other work authorization requirements imposed by the updates, say Julie Ratliff and Elizabeth Wellhausen at Taft.