Employment

  • August 01, 2024

    9th Circ. Says Vegas Casino Pilots Are Exempt From OT

    Five corporate pilots for a Las Vegas casino performed non-manual labor and are therefore exempt from overtime requirements under federal law, the Ninth Circuit ruled Thursday, upholding a Nevada federal court's decision.

  • August 01, 2024

    Reed Smith Says NJ High Court Ruling Limits Ex-Atty's Claims

    A recent New Jersey Supreme Court ruling "dramatically changes the landscape and scope" of a former Reed Smith LLP attorney's discrimination suit, the firm has told a state court judge in a brief asking that discovery and damages be limited and one claim be dismissed.

  • August 01, 2024

    Former Coach Says MSU Heads Fired Him To Save Their Jobs

    Former Michigan State University football coach Mel Tucker has filed a suit against the school's top administrators alleging they fired him over baseless sexual harassment allegations to protect their own jobs after the Larry Nassar debacle.

  • August 01, 2024

    Senate Panel OKs NLRB Nominees, Setting Up Floor Fight

    A Senate committee on Thursday voted to advance the nomination of National Labor Relations Board Chairman Lauren McFerran and a Seyfarth Shaw LLP partner nominated to fill a Republican vacancy on the board, setting up a high-stakes floor fight over key spots at the agency.

  • August 01, 2024

    Calif. Tribe Can't Toss Casino Card Check Award, For Now

    A California tribe's bid to nix an arbitration award over an authorization card check process with UNITE HERE can't proceed for now, a federal judge ruled, saying the tribe's counsel didn't discuss the motion with the union's attorney before submitting it.

  • August 01, 2024

    Judge Kills Trade Secrets, Contract Suit Against Ex-Director

    A federal judge agreed on Wednesday to toss legal industry staffing company HIRECounsel D.C. LLC's breach of contract and trade secrets lawsuits against a former managing director of client relations, saying the company had not managed to prove actual or liquidated damages.

  • August 01, 2024

    5th Circ. Says Oil Crossing State Lines Made Work Interstate

    The crude oil that a worker transported travels outside of Texas and thus is part of an interstate trip, the Fifth Circuit ruled, flipping a district court's decision that the Motor Carrier Act exemption didn't apply to a transporter who sought unpaid overtime.

  • August 01, 2024

    6th Circ. Dashes Appeal Of Mich. Township's Ex-GC

    A Michigan township's former general counsel was not denied due process when his position was eliminated in 2020, the Sixth Circuit has ruled, agreeing with the district court that the attorney's employment agreement did not guarantee him a job.

  • August 01, 2024

    $9M White Castle Fingerprint BIPA Deal Clears Final Approval

    An Illinois federal judge gave his final sign-off Thursday to a $9.39 million settlement between White Castle and a group of employees who claimed the fast-food chain violated their biometric privacy, ending a case that resulted in the state supreme court's landmark ruling on privacy claims.

  • August 01, 2024

    RTX Didn't Tell Jobseekers Of Lie Detector Ban, Suit Says

    Raytheon Technologies Corp., now RTX Corporation, failed to advise job applicants that Massachusetts bans the use of lie detector tests in hiring decisions, as required by a nearly 40-year-old law, a proposed class action filed in state court alleges.

  • August 01, 2024

    Ohio Fed. Bank Denied White Worker Out Of Bias, Court Told

    The Federal Reserve Bank of Cleveland twice refused to promote a white law enforcement officer in favor of nonwhite candidates despite his qualifications for the role, he told an Ohio federal court.

  • August 01, 2024

    Calif. Justices Block Drivers From Intervening In PAGA Deal

    The California Supreme Court ruled Thursday that ride-hail drivers bringing claims under the state's Private Attorneys General Act lack standing to intervene in a separate case that reached a settlement.

  • July 31, 2024

    Split 9th Circ. Won't Use New Law To Revive Trafficking Suit

    A split Ninth Circuit panel on Wednesday refused to revive a human trafficking suit former Cambodian seafood factory workers launched against a Californian importer, saying a new law that expanded liability after the distributor's summary judgment win didn't apply retroactively.

  • July 31, 2024

    UFC Fighters' $335M Wage Deal Rejected Amid Scrutiny

    A Nevada federal court has rejected a $335 million deal that would end claims from mixed martial arts fighters accusing Ultimate Fighting Championship of suppressing their wages, setting up a potential trial later this year.

  • July 31, 2024

    Pa. Panel Upholds Post-Gazette Strikers' Win

    The Pennsylvania Superior Court on Wednesday delivered a win for striking unions picketing outside the Pittsburgh Post-Gazette's warehouse, upholding a county court's decision that the newspaper's claims that the unions disrupted deliveries were out of its jurisdiction.

  • July 31, 2024

    Netflix's Culture Created A 'Sexual' Workplace, Suit Says

    Netflix has been hit with a wrongful firing suit in California state court by a former employee who accused it of fostering a workplace environment that's "very sexual in nature," requiring that employees engage in one-on-one meetings that are "nothing more than speed dating" and that subjected her to unwanted advances.

  • July 31, 2024

    Wash. Hospital Workers Keep $230M Wage Win, Attys Get 30%

    A Washington state court rejected a hospital system's attempt to undo its nearly $230 million loss in a class wage and hour case, ruling Wednesday that jurors reasonably relied on expert damages calculations, while also signing off on a roughly $70 million attorney fee award for class counsel.

  • July 31, 2024

    11th Circ. Revives Suit Over Ga. City's Ouster Of White Manager

    A white ex-city manager of a small Georgia city who was fired after a new administration allegedly vowed to replace him with a Black person will get another shot at pressing his racial discrimination claims as the Eleventh Circuit gave the case new life Wednesday.

  • July 31, 2024

    DOL's Debarment Of Contractor Over Wages Fight Is Upheld

    A decision from the U.S. Department of Labor's Administrative Review Board to debar a painting contractor in Minnesota is sustained, a federal judge ruled, saying the company didn't show how the agency abused its discretion with its order over allegedly unpaid prevailing wages.

  • July 31, 2024

    Colo. Judge Won't Combine DaVita FLSA Suits

    A Colorado federal judge has declined to consolidate two collective wage actions against DaVita Inc., saying she is skeptical of a former nurse's arguments that the parallel cases would create extra expenses for the parties, and the judge is reluctant to halt one case to wait for the other to catch up.

  • July 31, 2024

    Union Effort Underway At DOJ's Civil Rights Section

    Attorneys in the U.S. Department of Justice's Civil Rights Division are in the early stages of organizing a union, the union they're seeking to join confirmed Wednesday.

  • July 31, 2024

    Wyo. Biotech Wants Its Ex-CEO Sanctioned In Docs Fight

    The former CEO of a Wyoming-based flavoring and aromas business should be sanctioned for failing to produce any documents in a Connecticut state court lawsuit accusing him of withholding company money and property after refusing to work, the plaintiff said.

  • July 31, 2024

    Jury Instruction Error Kills $21M Verdict Over Noncompete

    Three former employees of a consulting group who jumped to a competitor in 2016 were let off the hook for a $21 million jury verdict Wednesday by an intermediate Massachusetts appellate court over a prejudicial error in jury instructions.

  • July 31, 2024

    Worker Snags Deal To End OT Suit With Pilgrim's Pride

    A worker who claimed that one of the country's largest chicken producers misclassified her as overtime-exempt told a Colorado federal judge she reached a settlement with the company to end her proposed collective action.

  • July 31, 2024

    Antitrust Group Backs Naval Engineers' No-Poach Case

    An advocacy group that supports robust enforcement of antitrust laws has urged the Fourth Circuit to revive a case from former naval engineers accusing military shipbuilders of using secret "no-poach" agreements to avoid competing for workers.

Expert Analysis

  • Tailoring Compliance Before AI Walks The Runway

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    Fashion industry players that adopt artificial intelligence to propel their businesses forward should consider ways to minimize its perceived downsides, including potential job displacements and algorithmic biases that may harm diversity, equity and inclusion efforts, say Jeffrey Greene and Ivory Djahouri at Foley & Lardner.

  • Recruitment Trends In Emerging Law Firm Frontiers

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    BigLaw firms are facing local recruitment challenges as they increasingly establish offices in cities outside of the major legal hubs, requiring them to weigh various strategies for attracting talent that present different risks and benefits, says Tom Hanlon at Buchanan Law.

  • Series

    Glassblowing Makes Me A Better Lawyer

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    I never expected that glassblowing would strongly influence my work as an attorney, but it has taught me the importance of building a solid foundation for your work, learning from others and committing to a lifetime of practice, says Margaret House at Kalijarvi Chuzi.

  • 3 Surprising Deposition Dangers Attorneys Must Heed

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    Attorneys often do not think of discovery as a particularly risky phase of litigation, but counsel must closely heed some surprisingly strict and frequently overlooked requirements before, during and after depositions that can lead to draconian consequences, says Nate Sabri at Perkins Coie.

  • What Employers Need To Know About Colorado's New AI Law

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    The Colorado AI Act, enacted in May and intended to regulate the use of high-risk artificial intelligence systems to prevent algorithmic discrimination, is broad in scope and will apply to businesses using AI for certain employment purposes, imposing numerous compliance obligations and potential liability, say Laura Malugade and Owen Davis at Husch Blackwell.

  • Opinion

    Paid Noncompetes Offer A Better Solution Than FTC's Ban

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    A better alternative to the Federal Trade Commission's recent and widely contested noncompete ban would be a nationwide bright-line rule requiring employers to pay employees during the noncompete period, says Steven Kayman at Rottenberg Lipman.

  • How Associates Can Build A Professional Image

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    As hybrid work arrangements become the norm in the legal industry, early-career attorneys must be proactive in building and maintaining a professional presence in both physical and digital settings, ensuring that their image aligns with their long-term career goals, say Lana Manganiello at Equinox Strategy Partners and Estelle Winsett at Estelle Winsett Professional Image Consulting.

  • Firms Must Rethink How They Train New Lawyers In AI Age

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    As law firms begin to use generative artificial intelligence to complete lower-level legal tasks, they’ll need to consider new ways to train summer associates and early-career attorneys, keeping in mind the five stages of skill acquisition, says Liisa Thomas at Sheppard Mullin.

  • Think Like A Lawyer: Always Be Closing

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    When a lawyer presents their case with the right propulsive structure throughout trial, there is little need for further argument after the close of evidence — and in fact, rehashing it all may test jurors’ patience — so attorneys should consider other strategies for closing arguments, says Luke Andrews at Poole Huffman.

  • Where Anti-Discrimination Law Stands 4 Years After Bostock

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    On the fourth anniversary of the U.S. Supreme Court's landmark Bostock ruling, Evan Parness and Abby Rickeman at Covington take stock of how the decision, which held that Title VII protects employees from discrimination because of their sexual orientation and gender identity, has affected anti-discrimination law at the state and federal levels.

  • Series

    Playing Chess Makes Me A Better Lawyer

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    There are many ways that chess skills translate directly into lawyer skills, but for me, the bigger career lessons go beyond the direct parallels — playing chess has shown me the value of seeing gradual improvement in and focusing deep concentration on a nonwork endeavor, says attorney Steven Fink.

  • Crafting An Effective Workplace AI Policy After DOL Guidance

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    Employers should take proactive steps to minimize their liability risk after the U.S. Department of Labor released artificial intelligence guidance principles on May 16, reflecting the reality that companies must begin putting into place policies that will dictate their expectations for how employees will use AI, say David Disler and Courtnie Bolden at ​​​​​​​Porzio Bromberg.

  • Patent Lessons From 7 Federal Circuit Reversals In May

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    A look at recent cases where the Federal Circuit reversed or vacated decisions by the Patent Trial and Appeal Board or a federal district court provide guidance on how to succeed on appeal by clarifying the obviousness analysis of design patents, the finality of a judgment, and more, say Denise De Mory and Li Guo at Bunsow De Mory.

  • Litigation Inspiration: Attys Can Be Heroic Like Olympians

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    Although litigation won’t earn anyone an Olympic medal in Paris this summer, it can be worthy of the same lasting honor if attorneys exercise focused restraint — seeking both their clients’ interests and those of the court — instead of merely pursuing every advantage short of sanctionable conduct, says Bennett Rawicki at Hilgers Graben.

  • Politics In The Workplace: What Employers Need To Know

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    As the 2024 election approaches and protests continue across the country, employers should be aware of employees' rights — and limits on those rights — related to political speech and activities in the workplace, and be prepared to act proactively to prevent issues before they arise, say attorneys at Littler.

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