Employment

  • September 24, 2024

    DuPont Employee Defends Mass Email In ERISA Trial

    A DuPont employee was scrutinized on the witness stand Tuesday for the way a worker learned about how the chemical company's merger with Dow would impact their benefits, with a judge calling a heavily redacted trial exhibit useless and a plaintiffs' attorney quizzing her on basic email functions.

  • September 24, 2024

    'Salacious' Keches Spat With Ex-Partner Aired In Court

    A former partner of Keches Law has asked a Massachusetts state court for permission to review the personal injury firm's financial records after he was told his shares in the firm are worthless, accusing another attorney of financial misdeeds.

  • September 24, 2024

    NLRB Office Signs Off On Near $450K Deal With Musk Brother

    A Colorado nonprofit co-founded by Elon Musk's brother settled a union's unfair labor practice claims for close to $450,000, according to a National Labor Relations Board announcement Tuesday, with the organization agreeing to pay thousands to laid-off workers and make supervisors undergo federal labor law training.

  • September 24, 2024

    11th Circ. Unleashes Swarm Of 'Hypos' In Fla. Pronoun Case

    An Eleventh Circuit panel on Tuesday peppered attorneys with hypothetical scenarios as they attempted to hammer out the bounds of public school teachers' free speech protections in the classroom, in a case by transgender and nonbinary Florida educators that could ultimately affect other state employees.

  • September 24, 2024

    Tractor Supply Co. Tobacco Fee Violates ERISA, Suit Says

    Tractor Supply Co. illegally charged workers who used tobacco an extra fee through their health insurance plan without explaining they could dodge the charge if they participated in a smoking cessation program, according to a proposed class action filed in Pennsylvania federal court.

  • September 24, 2024

    Combs Accused Of Filming Woman's Rape In New Suit

    Hip-hop mogul Sean "Diddy" Combs was hit with a civil suit in New York federal court Tuesday alleging he and his former head of security raped a woman in 2001, recorded the assault and later disseminated the video.

  • September 24, 2024

    Darden Committed 'Wage Abuse' Against Workers, Suit Says

    Darden Restaurants failed to pay workers for their overtime hours and did not provide them with full, uninterrupted meal and rest periods, a former employee said in a Private Attorneys General Act lawsuit filed in California state court.

  • September 24, 2024

    Dems Urge Full 9th Circ. To Rethink Worker's Trafficking Loss

    Democratic lawmakers urged the en banc Ninth Circuit to rethink a split decision tossing Cambodian workers' human trafficking suit against a California importer, arguing Congress specifically amended the federal law following another erroneous Ninth Circuit ruling in the case, and the majority's refusal to apply those amendments retroactively undermines congressional authority.

  • September 24, 2024

    Sheppard Mullin Adds Paul Hastings Employment Leader

    The co-leader of Paul Hastings LLP's wage and hour practice group has jumped to Sheppard Mullin Richter & Hampton LLP in California, the firm said Tuesday.

  • September 24, 2024

    EMS Workers Get Class Status In Sex, Race Pay Gap Suit

    A New York federal judge approved on Tuesday emergency medical services workers to proceed as a class in their lawsuit alleging New York City paid them less in relation to their almost exclusively white, male counterparts at the fire department, despite differences in rank and responsibility.

  • September 24, 2024

    DC Circ. Says Arb. Board Must Handle Rail Union Grievance

    Amtrak lost its appeal to a ruling that ordered an arbitration board to consider whether the rail company must use union labor on a newly acquired building, with the D.C. Circuit upholding a Washington, D.C., federal judge's decision Tuesday.

  • September 24, 2024

    Conn. Judge Sends Law Firm's Trade Secrets Case To Fla.

    A Connecticut boutique law firm must go to Florida if it wants to continue pursuing its trade secrets case against a consultant it accused of making off with some of its confidential information because the Constitution State is an improper venue, a federal judge has ruled.

  • September 24, 2024

    Do GCs Even Know Company's AI Use? Survey Raises Doubts

    Top legal officers appear badly misaligned with other executives or are misinformed on the use of artificial intelligence at their companies, especially in the human resources area, according to a new survey released Tuesday. 

  • September 23, 2024

    Coinbase Brings On Ex-Citadel Legal Chief With SEC Chops

    Coinbase announced on Monday it has hired Ryan VanGrack to serve as its vice president of legal, where he will be overseeing civil litigation, regulatory probes, employment and intellectual property matters for the crypto exchange after spending seven years with Citadel Securities as general counsel.

  • September 23, 2024

    Ex-Adviser Can't Seek Due Process Update, Justices Told

    A Morgan Stanley unit on Friday urged the U.S. Supreme Court not to tackle a purported circuit split over whether "manifest disregard of the law" remains a valid reason for vacating an arbitral award, arguing that a former employee missed his chance to press the argument in the lower courts.

  • September 23, 2024

    Nonprofit, Union Say Janus Doesn't Apply To NYC Dues Fight

    Two New York City public defenders cannot leverage the U.S. Supreme Court's Janus ruling to stop paying their union because the ruling only applies to public employees and they're technically employed by a nonprofit, argued their employer, union and the city in a motion to dismiss their lawsuit.

  • September 23, 2024

    Kroger Fights FTC's Bid To Move Constitutionality Case

    Kroger is fighting to keep its challenge to the Federal Trade Commission's in-house courts in Ohio federal court, pushing back against the agency's effort to get it paused or moved to Oregon, where the FTC's case against the company's merger with Albertson's is already playing out.

  • September 23, 2024

    DOJ Adds AI Risk To Corporate Compliance Program

    The U.S. Department of Justice's Criminal Division is now weighing how companies manage risk related to artificial intelligence and potentially stymie whistleblowers, one of several updates to the division's policies on evaluating corporate compliance programs announced by a senior official on Monday.

  • September 23, 2024

    AFL-CIO Backs Firefighter's Benefits Suit At High Court

    The AFL-CIO urged the U.S. Supreme Court Monday to overturn an Eleventh Circuit order finding that the Americans with Disabilities Act doesn't protect certain retirees from disability bias, arguing it erred when finding a Florida firefighter with Parkinson's couldn't contest a policy stripping her healthcare in retirement.

  • September 23, 2024

    NCAA Gets HBCU Race Bias Suit Tossed, For Now

    An Indiana federal judge has granted the NCAA's motion to dismiss a lawsuit from a basketball player who claims the organization's academic program is discriminatory, but left the door open for an amended complaint.

  • September 23, 2024

    Ex-Holtec CIO Says She's Owed More Than $500K Bonus

    The former chief investment officer for Holtec International is alleging in New Jersey federal court that she was demoted then fired earlier this year after expressing her concern over the company's bonus structure and its failure to pay her bonuses on time in violation of the state's wage payment law.

  • September 23, 2024

    DOL Says It Can Set Higher Wages For H-2A Workers

    The U.S. Department of Labor told a Florida federal court that its final rule increasing foreign agricultural workers' salaries ensures that H-2A visa holders don't adversely affect the wages of other workers, rejecting farm groups' arguments that the department lacked the authority to do so.

  • September 23, 2024

    Boston Globe Secures Key Depo In Exec's Firing Suit

    A Massachusetts state judge has OK'd The Boston Globe's request for a subpoena it hopes will show a fired executive had a habit of questionable corporate spending.

  • September 23, 2024

    Natural Gas Co. Must Pay $6.8M To Ex-Trader In Bonus Fight

    A Colorado state judge has entered a $6.8 million judgment against a natural gas marketing company for its failure to pay an ex-trading director a bonus on lucrative trades he made during a 2021 winter storm, a sum that includes more than $2.5 million in penalties for the company's intentional violation of a state wage law.

  • September 23, 2024

    3rd Circ. Vexed By Time-Tracking Role In $22M Wage Case

    The Third Circuit contemplated on Monday whether a Pennsylvania battery manufacturer shorted workers $22 million for time they spent putting on and taking off protective gear, with one judge questioning the employer's stance that it was the workers' responsibility to track their donning and doffing time. 

Expert Analysis

  • 7th Circ. Rulings Offer Employee Vaccine Exemption Guidance

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    Dawn Solowey and Samantha Brooks at Seyfarth explain how two recent Seventh Circuit rulings in Passarella v. Aspirus and Bube v. Aspirus could affect litigation involving employee vaccine exemptions, and discuss employer best practices for handling accommodation requests that include both religious and secular concerns.

  • 5 Ways To Confront Courtroom Technology Challenges

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    Recent cybersecurity incidents highlight the vulnerabilities of our reliance on digital infrastructure, meaning attorneys must be prepared to navigate technological obstacles inside the courtroom, including those related to data security, presentation hardware, video playback and more, says Adam Bloomberg at IMS Legal Strategies.

  • Employers Should Not Neglect Paid Military Leave Compliance

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    An August decision from the Ninth Circuit and the settlement of a long-running class action, both examining paid leave requirements under the Uniformed Services Employment and Reemployment Rights Act, are part of a nationwide trend that should prompt employers to review their military leave policies to avoid potential litigation and reputational damage, says Bradford Kelley at Littler.

  • Old Employment Law Principles Can Answer New AI Concerns

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    Despite growing legal and regulatory concerns about how artificial intelligence tools may affect employment decisions and worker rights, companies should take comfort in knowing that familiar principles of employment law and established compliance regimes can still largely address these new twists on old questions, say attorneys at Foley & Lardner.

  • Navigating New Enforcement Scrutiny Of 'AI Washing'

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    The U.S. Securities and Exchange Commission's recent lawsuit against Joonko Diversity, its first public AI-focused enforcement action against a private company, underscores the importance of applying the same internal legal and compliance rigor to AI-related claims as other market-facing statements, say attorneys at Fried Frank.

  • Pa. Health Employers Must Prep For Noncompete Restrictions

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    Newly enacted legislation in Pennsylvania prohibits certain noncompete covenants for healthcare practitioners in the state beginning next year, creating compliance challenges that both employers and employees should be aware of, say attorneys at Buchanan Ingersoll.

  • Avoiding Corporate Political Activity Pitfalls This Election Year

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    As Election Day approaches, corporate counsel should be mindful of the complicated rules around companies engaging in political activities, including super PAC contributions, pay-to-play prohibitions and foreign agent restrictions, say attorneys at Covington.

  • Employer Arbitration Lessons From Calif. Consumer Ruling

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    Although a California state appeals court’s recent arbitration ruling in Mahram v. Kroger involved a consumer transaction, the finding that the arbitration agreement at issue did not apply to a third-party beneficiary could influence how employment arbitration agreements are interpreted, says Sander van der Heide at CDF Labor Law.

  • Why Attorneys Should Consider Community Leadership Roles

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    Volunteering and nonprofit board service are complementary to, but distinct from, traditional pro bono work, and taking on these community leadership roles can produce dividends for lawyers, their firms and the nonprofit causes they support, says Katie Beacham at Kilpatrick.

  • How NJ Temp Equal Pay Survived A Constitutional Challenge

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    The Third Circuit recently gave the New Jersey Temporary Workers' Bill of Rights a new lease on life by systematically dismantling multiple theories of the act's unconstitutionality brought by staffing agencies hoping to delay their new equal pay and benefits obligations, say attorneys at Duane Morris.

  • Firms Must Offer A Trifecta Of Services In Post-Chevron World

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    After the U.S. Supreme Court’s Loper Bright Enterprises v. Raimondo decision overturning Chevron deference, law firms will need to integrate litigation, lobbying and communications functions to keep up with the ramifications of the ruling and provide adequate counsel quickly, says Neil Hare at Dentons.

  • 5 Tips To Succeed In A Master Of Laws Program And Beyond

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    As lawyers and recent law school graduates begin their Master of Laws coursework across the country, they should keep a few pointers in mind to get the most out of their programs and kick-start successful careers in their practice areas, says Kelley Miller at Reed Smith.

  • NYC Wage Info Bill Highlights Rise In Pay Transparency Laws

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    With New York City the latest to mull requiring companies to annually report employee wage data, national employers should consider adapting their compliance practices to comply with increasingly common pay transparency and disclosure obligations at state and local levels, says Kelly Cardin at Littler Mendelson.

  • When Trauma Colors Testimony: How To Help Witnesses

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    As stress-related mental health issues continue to rise, trial attorneys must become familiar with a few key trauma-informed strategies to help witnesses get back on track — leaning in to the counselor aspect of their vocations, say Ava Hernández and Steve Wood at Courtroom Sciences.

  • Series

    Being An Opera Singer Made Me A Better Lawyer

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    My journey from the stage to the courtroom has shown that the skills I honed as an opera singer – punctuality, memorization, creativity and more – have all played a vital role in my success as an attorney, says Gerard D'Emilio at GableGotwals.

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