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Employment
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November 25, 2024
Geologist, Oil Co. Can't Get Approval Of Wage Suit Settlement
A Colorado federal judge put the brakes on a settlement that a geologist reached with the oil and gas producer he accused of failing to pay overtime, saying it's not clear if he alerted other workers of the deal or if a $1 million attorney fee request is reasonable.
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November 25, 2024
Jury Finds Sex-Specific Customs Officer Shifts Legally Sound
A Florida federal jury backed the U.S. Department of Homeland Security in a lawsuit claiming it unlawfully created three women-only assignments at the Port of Tampa, finding the agency had a legitimate reason based on a U.S. Customs and Border Protection policy mandating same-gender searches of passengers.
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November 25, 2024
Calif. Board Seeks Comment On AI Rules Amid Pushback
The California Privacy Protection Agency on Friday opened the public comment period for its latest rulemaking package proposing expansive draft rules regulating technologies fueled by artificial intelligence — including in the employment, education, healthcare, consumer protection, banking and insurance contexts — which business groups have already criticized as being overly broad and burdensome.
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November 25, 2024
7th Circ. Says Schwab Race Bias Suit Filed Too Late
The Seventh Circuit said a Black call center worker can't revive her suit claiming Charles Schwab blocked her from career advancements because of her race, ruling that an attorney's error led her to file the case too late, preventing the court from granting her any leeway.
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November 25, 2024
Plumbing Supplier Retaliated After Bias Complaint, Suit Says
A former sales representative for plumbing supply retailer F.W. Webb Co. says he was forced out of the company after providing a statement to Massachusetts investigators backing up a Black co-worker's discrimination complaint, according to a lawsuit filed Monday in state court.
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November 25, 2024
Calif. Appeals Court Backs Taylor Farms Win In Wage Suit
A California state appeals court refused to reinstate a lawsuit accusing packaged salad company Taylor Farms of unlawfully omitting the hourly pay rate for incentive bonuses from workers' wage statements, saying the company doesn't have to include this information because it showed it doesn't base its calculations on a real hourly rate.
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November 25, 2024
Quarles & Brady Lands Buchalter Employment Duo In Calif.
Quarles & Brady LLP has brought on a pair of Buchalter PC employment attorneys as partners in its San Diego office, marking the Milwaukee-based firm's latest expansion in the Golden State since arriving there through a merger nearly two years ago.
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November 25, 2024
Ex-Fox Rothschild Corp. Head Ends Bias Suit Against Firm
Fox Rothschild LLP has resolved a discrimination lawsuit with a former head of its corporate department who claimed he was pushed out of the firm after nearly three decades because of his age, according to a stipulation of dismissal filed Monday in New Jersey state court.
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November 25, 2024
DC Circ. Won't Rehear Allowing H-1B Spousal Work Permits
The District of Columbia Circuit has denied a petition to reconsider its decision upholding an Obama-era program allowing some spouses of highly skilled foreign workers to obtain work permits.
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November 25, 2024
Amazon Says Drivers Still MIA During Discovery In Wage Suit
Delivery drivers are still falling short of following discovery orders in an almost decade-long suit accusing Amazon of misclassifying them as independent contractors, the e-commerce giant told a Washington federal court, urging it to boot those workers from the case.
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November 25, 2024
NLRB Attys Renew Fight To Get Pa. Newspaper To Bargain
National Labor Relations Board prosecutors have updated their bid to compel the Pittsburgh Post-Gazette to bargain with its striking workers' unions and cover the workers' healthcare costs, telling a Pennsylvania federal judge that the record in this case and others against the newspaper support their request for an injunction.
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November 25, 2024
Hawley Troxell Wants Ex-Paralegal's Suit Trimmed
Hawley Troxell Ennis & Hawley LLP asked an Idaho federal judge to dismiss a former paralegal's claims that it retaliated against her for lodging bias complaints and stiffed her on wages.
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November 25, 2024
Shell Oil Co. Sued For Not Paying Gas Station Cashier
Shell Oil Co. and Nerr Petroleum Inc. were slapped with a complaint in Georgia federal court by a former cashier alleging he was only paid $1,000, despite working an average of 112 hours per week for nearly 10 months.
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November 25, 2024
Topgolf Cuts Deal To Settle Server's Wage Suit
Topgolf agreed to pay about $13,000 to settle a former food service worker's suit in Alabama federal court claiming it failed to pay her the full minimum wage for non-tip-generating work.
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November 25, 2024
Home Automation Co. Strikes $1.5M Deal To End OT Suit
A smart home technology company reached a $1.5 million deal to resolve allegations from a collective of current and former employees who accused the company of wrongfully classifying them as overtime-exempt, costing them overtime pay, according to a filing in Georgia federal court.
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November 22, 2024
Ill. Judge Bucks Colleague In Limiting BIPA Change's Reach
An Illinois federal judge held Friday that a legislative amendment limiting damages under the state's Biometric Information Privacy Act doesn't apply to lawsuits filed before the change took effect, refusing to side with a recent ruling from another judge in the same court that reached the opposite conclusion.
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November 22, 2024
'The Future Of Wells Fargo' Sues For Sex Discrimination
Wells Fargo's former global head of resiliency and continuity sued for gender discrimination in New York federal court on Thursday, saying that despite once being celebrated as "the future of Wells Fargo," her boss repeatedly favored male employees over her and other female employees.
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November 22, 2024
11th Circ. Panel Weighs Remanding Florida Trans Health Fight
The Eleventh Circuit on Friday appeared unlikely to affirm a lower court's ruling to invalidate a Florida state law banning Medicaid payments for gender-affirming medical care, with two judges on the panel asking attorneys for specifics about additional analysis of discriminatory factors on a potential remand.
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November 22, 2024
Private Cos. Seek Pre-IPO Share Sales Amid Liquidity Crunch
Following a dearth of initial public offerings in recent years, more private companies are arranging secondary-share sales to help employees and early investors pare down equity stakes without waiting for a public listing, a trend capital markets attorneys expect will continue for the foreseeable future, even if IPOs rebound.
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November 22, 2024
Trump Picks Teamsters-Backed Ore. Rep. For Labor Secretary
President-elect Donald Trump announced Friday evening that he plans to nominate Republican Rep. Lori Chavez-DeRemer of Oregon to lead the U.S. Department of Labor.
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November 22, 2024
Employment Authority: D.C. Bathroom Angst Fizzles At Work
Law360 Employment Authority covers the biggest employment cases and trends. Catch up this week with coverage on why experts say conservative federal lawmakers' campaigns to ban transgender people from bathrooms that match their gender identity isn't translating in the workplace, how a ban on the arbitration of sexual misconduct claims is affecting wage and hour law and why the National Labor Relations Board is struggling to keep up with its case load.
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November 22, 2024
Duke Health Sacked Worker Over Pregnancy, Suit Claims
A Duke University-affiliated health network fired a radiology technologist just three days after she disclosed she was pregnant with her second child, according to a lawsuit in North Carolina federal court.
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November 22, 2024
Blackberry CEO Escapes Ex-Employee's Sex Harassment Suit
A California federal judge trimmed a former Blackberry executive's lawsuit claiming she was fired for reporting that the company's CEO sexually harassed her before he assumed the top job, saying she hadn't done enough to bolster her pay discrimination allegation or her discrimination claim against the CEO.
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November 22, 2024
EEOC Backs Rehab Worker's Retaliation Case At 10th Circ.
The U.S. Equal Employment Opportunity Commission on Friday urged the Tenth Circuit to revive an occupational therapist's lawsuit claiming a colleague inappropriately touched her and that she was fired after she reported the co-worker's harassment, arguing the trial court used the wrong standard when it tossed her retaliation claim.
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November 22, 2024
Emory Vice Provost Mistreated White Staff, Ex-Director Says
Emory University was sued in Georgia federal court Thursday by a former employee who alleged the college's inaugural vice provost for career and professional development discriminated against white employees, treating them less favorably in investigations, discipline, hiring and promotions.
Expert Analysis
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Opinion
Proposed Law Would Harm NYC Hospitality Industry
A recently proposed New York City Law that would update hotel licensing and staff coverage requirements could give the city commissioner and unions undue control over the city's hospitality industry, and harm smaller hotels that cannot afford full-time employees, says Stuart Saft at Holland & Knight.
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Opinion
Litigation Funding Disclosure Key To Open, Impartial Process
Blanket investor and funding agreement disclosures should be required in all civil cases where the investor has a financial interest in the outcome in order to address issues ranging from potential conflicts of interest to national security concerns, says Bob Goodlatte, former U.S. House Representative for Virginia.
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Comparing 5 Administrators' Mass Arbitration Procedures
Attorneys at DLA Piper compare the rules for mass arbitrations at five different arbitration providers — Judicial Arbitration and Mediation Services, American Arbitration Association, National Arbitration and Mediation, FedArb and New Era ADR — including their triggers, claim screening procedures, how and when they assess fees, and more.
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What NFL Draft Picks Have In Common With Lateral Law Hires
Nearly half of law firm lateral hires leave within a few years — a failure rate that is strikingly similar to the performance of NFL quarterbacks drafted in the first round — in part because evaluators focus too heavily on quantifiable metrics and not enough on a prospect's character traits, says Howard Rosenberg at Baretz+Brunelle.
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Calif. Ruling Clarifying Paystub Compliance Is Win For Cos.
In rare good news for California employers, the state Supreme Court recently clarified that workers couldn’t win extra penalties in wage and hour cases by claiming their employer intentionally violated state paystub law if the employer believed it had complied in good faith, say Drei Munar and Kirk Hornbeck at Hunton.
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Considering Noncompete Strategies After Blocked FTC Ban
A Texas district court's recent decision in Ryan v. Federal Trade Commission to set aside the new FTC rule banning noncompetes does away with some immediate compliance obligations, but employers should still review strategies, attend to changes to state laws and monitor ongoing challenges, say attorneys at Baker McKenzie.
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Replacing The Stigma Of Menopause With Law Firm Support
A large proportion of the workforce is forced to pull the brakes on their career aspirations because of the taboo surrounding menopause and a lack of consistent support, but law firms can initiate the cultural shift needed by formulating thoughtful workplace policies, says Barbara Hamilton-Bruce at Simmons & Simmons.
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Planning Law Firm Content Calendars: What, When, Where
During the slower month of August, law firms should begin working on their 2025 content calendars, planning out a content creation and distribution framework that aligns with the firm’s objectives and maintains audience engagement throughout the year, says Jessica Kaplan at Legally Penned.
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Insuring Lender's Baseball Bet Leads To Major League Dispute
In RockFence v. Lloyd's, a California federal court seeks to define who qualifies as a professional baseball player for purposes of an insurance coverage payout, providing an illuminating case study of potential legal issues arising from baseball service loans, say Marshall Gilinsky and Seán McCabe at Anderson Kill.
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Series
Playing Golf Makes Me A Better Lawyer
Golf can positively affect your personal and professional life well beyond the final putt, and it’s helped enrich my legal practice by improving my ability to build lasting relationships, study and apply the rules, face adversity with grace, and maintain my mental and physical well-being, says Adam Kelly at Venable.
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Preparing For The NLRB's New Union Recognition Final Rule
The National Labor Relations Board's impending new final rule on union recognition puts the employer at a particular disadvantage in a decertification election, and best practices include conducting workplace assessments to identify and proactively address employee issues, say Louis Cannon and Gerald Bradner at Baker Donelson.
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Law Firms Should Move From Reactive To Proactive Marketing
Most law firm marketing and business development teams operate in silos, leading to an ad hoc, reactive approach, but shifting to a culture of proactive planning — beginning with comprehensive campaigns — can help firms effectively execute their broader business strategy, says Paul Manuele at PR Manuele Consulting.
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OSHA Workplace Violence Citation Highlights Mitigation Steps
The Occupational Safety and Health Administration's recent citation against behavioral health company Circles of Care sheds light on the enforcement risks companies may face for failing to prevent workplace violence, and is a reminder of the concrete steps that can help improve workplace safety, say attorneys at Benesch.
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From Muppet Heads To OJ's Glove: How To Use Props At Trial
Demonstrative graphics have become so commonplace in the courtroom that jurors may start to find them boring, but attorneys can keep jurors engaged and improve their recall by effectively using physical props at trial, says Clint Townson at Townson Consulting.
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Opinion
The Big Issues A BigLaw Associates' Union Could Address
A BigLaw associates’ union could address a number of issues that have the potential to meaningfully improve working conditions, diversity and attorney well-being — from restructured billable hour requirements to origination credit allocation, return-to-office mandates and more, says Tara Rhoades at The Sanity Plea.