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Employment
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August 19, 2024
Hospital Says NLRB Injunction Bid Relies On Disputed Facts
A National Labor Relations Board official's request for an injunction compelling a Michigan hospital to resume recognizing a Service Employees International Union affiliate is short on uncontested facts and heavy on pressure to adopt the official's findings, the hospital argued Monday, urging a federal judge to deny the request.
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August 19, 2024
Military Reservist Tells High Court Top-Up Pay Law Is Broad
A federal employee who was denied top-up pay while on active duty as a reservist urged the U.S. Supreme Court on Monday to rule that all federally employed reservists are owed differential pay if serving during a national emergency, regardless of the circumstances.
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August 19, 2024
DOJ Says No Arthrex Problem In SpaceX Hiring Bias Probe
The U.S. Department of Justice is urging a Texas federal judge to side with the administrative law judge overseeing the immigration bias investigation against SpaceX, saying the company is using its constitutional attack against the framework of the proceeding as a distraction.
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August 19, 2024
Seattle Says White Worker Can't Show Diversity Training Harm
The city of Seattle has argued that a white ex-employee can't prevail in his discrimination claims over its workplace diversity programming, telling a Washington federal judge the worker was never disciplined or demoted despite his "increasingly aggressive and inappropriate attacks on coworkers" who supported the racial justice initiative.
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August 19, 2024
Kroger Flips Script, Challenges FTC's Constitutionality
Kroger went on the offensive Monday, a week before Oregon federal court proceedings kick off in the Federal Trade Commission's challenge to its purchase of Albertsons, in a lawsuit going after the constitutionality of the agency's in-house court, also set to contest the merger.
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August 19, 2024
Disney, Miramax Can't Escape NY Weinstein Sex Assault Suit
A New York state judge on Monday declined to dismiss an actress's claims against The Walt Disney Co., its subsidiary Miramax Film NY LLC and Creative Artists Agency LLC over an alleged sexual assault by disgraced film executive Harvey Weinstein.
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August 19, 2024
USAF, Airmen Debate Mootness Of Vax Mandate Challenge
In a pair of dueling briefs, both the U.S. Air Force and a cadre of its airmen are sparring over whether the military's revocation of its COVID-19 vaccine mandate for service members spells the end for the airmen's suit challenging the mandate on religious freedom grounds.
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August 19, 2024
6th Circ. Backs $250K Jury Win In Sergeant's Retaliation Suit
The Sixth Circuit on Monday upheld a $250,000 jury verdict finding that a Michigan county brought retaliatory use-of-force criminal charges against a sheriff's office sergeant for filing a previous lawsuit, ruling he put forward enough proof that the charges he was hit with may have been bogus.
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August 19, 2024
4th Circ. Cuts Liberty Loose In Medicare Reimbursement Row
A North Carolina widow can't revive a proposed class action accusing Liberty Mutual of failing to reimburse Medicare for her deceased husband's medical costs, the Fourth Circuit said Monday, finding she wasn't injured and therefore lacked standing to sue.
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August 19, 2024
Colo. Justices To Weigh On Minimum Wage Claims' Timing
The Colorado Supreme Court said Monday it will clear up whether the Colorado Wage Claim Act's shorter statute of limitations applies to claims brought under the state's Minimum Wage Act.
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August 19, 2024
Boston Defeats Suit By Fired Police Commissioner
A Boston police commissioner who was fired over decades-old abuse allegations had plenty of chances to give his side of the story, a Massachusetts federal court said Monday in rejecting claims he was defamed and stigmatized by the city's ex-mayor.
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August 19, 2024
3M Wants Conn. Firefighters' PFAS Case Paused For MDL
3M has asked a Connecticut federal court to stay a proposed class action by firefighters who wore technical gear containing so-called forever chemicals until there's a decision on whether to transfer the suit to a multidistrict litigation in South Carolina.
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August 19, 2024
Siemens Accused Of Violating Wash. Pay Transparency Law
Siemens Corp. violated Washington wage disclosure law by failing to list the wage scale for a field service technician role, according to a proposed class action removed to federal court in Seattle.
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August 19, 2024
Workers For Auto Parts Co. Want Wage Suit Certified
A group of workers for an automotive parts company pressed a North Carolina federal court to allow their wage shortfall claims to proceed as a collective, saying their case satisfies all the requirements for certification.
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August 19, 2024
NCAA Defends $2B NIL Deal Amid Growing Opposition
The NCAA is pushing back against critics of its more than $2 billion proposed name, image and likeness settlement with college athletes, arguing the deal is the result of "intense and carefully structured negotiations" by competent class counsel, and detractors have baseless objections.
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August 19, 2024
LSU Shreds Ex-Coach's Suit Over Vacated Football Wins
Louisiana State University has urged a federal judge to dump an "attention-seeking" lawsuit from former football coach Les Miles, stressing that the embittered coach has no ownership or legal claim to the "wins" the school stripped from his tenure after an NCAA investigation.
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August 19, 2024
Judge Urges Throwing Out DOJ's 'Simple' Race Bias Suit
A federal judge recommended dismissing a U.S. Department of Justice suit accusing a Georgia county of firing two Black workers who complained about a slur from a white colleague, faulting the DOJ for trying to "overcomplicate" the case.
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August 19, 2024
Builders Want 6th Circ. Nix Of NLRB Captive Meeting Memo
The National Labor Relations Board general counsel's memorandum saying so-called captive audience meetings are unlawful is a "censorship scheme," the Associated Builders and Contractors of Michigan argued to the Sixth Circuit, seeking reversal of a lower court ruling that tossed the group's First Amendment claims.
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August 19, 2024
Ex-NJ County Exec Loses Bid To DQ Firm In Retaliation Suit
A former Cumberland County, New Jersey, health official claiming his firing was political retaliation cannot disqualify the county's counsel in his lawsuit, Testa Heck Testa & White PA, over interactions he had with two firm attorneys around the time of his firing, a state court judge ruled Friday.
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August 19, 2024
US Tennis Won't Get New Trial In Sexual Abuse Liability Suit
A Florida federal judge denied the U.S. Tennis Association's request for a new trial in a case that held the organization liable for the sexual assault of player Kylie McKenzie at the hands of her coach, leaving in place a $9 million jury verdict.
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August 19, 2024
Ex-McElroy Execs' Theft, Bias Cases Paused Amid Ch. 11
A New Jersey state court has sided with McElroy Deutsch and stayed all litigation between the law firm and two former executives, including both the firm's fraud claims and discrimination counterclaims made against it, while a related bankruptcy case plays out.
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August 19, 2024
Voters Fight DeSantis Bid To Toss Prosecutor Suspension Suit
Florida voters and a partisan advocacy group have pushed back against Gov. Ron DeSantis' argument that voters have no right to see an elected official serve an entire term in a suit over the suspension of Florida prosecutor Monique Worrell, saying it doesn't matter when interference in an election occurs because the effect on the voters is the same.
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August 19, 2024
Littler Adds Epstein Becker Employment Atty In Los Angeles
Labor and employment firm Littler Mendelson PC is expanding its West Coast team, announcing Monday that it is adding an Epstein Becker Green expert in unfair competition as a shareholder in its Los Angeles office, located in Century City.
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August 19, 2024
Doctor Accused Of Taking Connecticut Practice's Patient Data
An obstetrician-gynecologist took trade secrets including confidential patient information when she left a Connecticut practice, and solicited its employees and "hundreds" of patients to come to her new competing business, according to a lawsuit in state court.
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August 19, 2024
GOP Rep. Fostered Homophobic Workplace, Ex-Staffer Says
A former congressional staffer slapped a Republican lawmaker from Texas with a federal lawsuit claiming he was bullied, denied training opportunities and ultimately forced to quit because he is gay.
Expert Analysis
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Opinion
It's Time For A BigLaw Associates' Union
As BigLaw faces a steady stream of criticism about its employment policies and practices, an associates union could effect real change — and it could start with law students organizing around opposition to recent recruiting trends, says Tara Rhoades at The Sanity Plea.
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Why DOJ's Whistleblower Program May Have Limited Impact
The U.S. Department of Justice’s new whistleblower pilot program aims to incentivize individuals to report corporate misconduct, but the program's effectiveness may be undercut by its differences from other federal agencies’ whistleblower programs and its interplay with other DOJ policies, say attorneys at Milbank.
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CFPB's Earned Wage Access Rule Marks Regulatory Shift
The Consumer Financial Protection Bureau's newly issued interpretive rule on earned wage access products, classifying them as extensions of credit, marks a significant shift in their regulatory landscape and raises some important questions regarding potential fringe cases and legal challenges, say Erin Bryan and Courina Yulisa at Dorsey & Whitney.
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How Calif. Justices' Prop 22 Ruling Affects The Gig Industry
The California Supreme Court's recent upholding of Proposition 22 clarifies that Uber, Lyft, DoorDash and other companies in the gig industry can legally classify their drivers as independent contractors, but it falls short of concluding some important regulatory battles in the state, says Mark Spring at CDF Labor.
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Takeaways From Virginia's $2B Trade Secrets Verdict Reversal
The Virginia Court of Appeals' recent reversal of the $2 billion damages award in Pegasystems v. Appian underscores the claimant's burden to show damages causation and highlights how an evidentiary ruling could lead to reversible error, say John Lanham and Kamran Jamil at Morrison Foerster.
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How Justices Upended The Administrative Procedure Act
In its recent Loper Bright, Corner Post and Jarkesy decisions, the U.S. Supreme Court fundamentally changed the Administrative Procedure Act in ways that undermine Congress and the executive branch, shift power to the judiciary, curtail public and business input, and create great uncertainty, say Alene Taber and Beth Hummer at Hanson Bridgett.
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Employers Face Uncertainty After Calif. Justices' Slur Ruling
In Bailey v. San Francisco District Attorney's Office, the California Supreme Court recently ruled that a singular use of a racial slur may be sufficiently severe to support a hostile work environment claim, leaving employers to speculate about what sort of comments or conduct will meet this new standard going forward, says Stephanie Roeser at Manatt.
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9th Circ. Ruling Flags Work Harassment Risks Of Social Media
The recent Ninth Circuit ruling in Okonowsky v. Garland, holding an employer could be liable for a co-worker's harassing social media posts, highlights new challenges in technology-centered and remote workplaces, and underscores an employer's obligation to prevent hostile environments wherever their employees clock in, say Jennifer Lada and Phillip Schreiber at Holland & Knight.
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2 Vital Trial Principles Endure Amid Tech Advances
Progress in trial technologies in the last 10 years has been transformative for courtroom presentations, but two core communication axioms are still relevant in today's world of drone footage evidence and 3D animations, say Adam Bloomberg and Lisa Walters at IMS Legal Strategies.
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Key Steps To Employer Petitions For Union Elections
Excerpt from Practical Guidance
Since the National Labor Relations Board shifted the burden of requesting formal union elections onto employers in its Cemex decision last year — and raised the stakes for employer missteps during the process — companies should be prepared to correctly file representation management election petitions and respond to union demands for recognition, says Adam Keating at Duane Morris.
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Viral Layoffs: How Cos. Can Avoid Bad Social Media Exposure
A recent trend of employees using social media to document their experiences with layoffs and disciplinary actions in the workplace should prompt employers to take additional precautions to avoid former workers' negative viral reviews when deciding how, when and what to communicate to employees, say Scott McIntyre and Chrissy Kennedy at BakerHostetler.
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Mirror, Mirror On The Wall, Is My Counterclaim Bound To Fall?
A Pennsylvania federal court’s recent dismissal of the defendants’ counterclaims in Morgan v. Noss should remind attorneys to avoid the temptation to repackage a claim’s facts and law into a mirror-image counterclaim, as this approach will often result in a waste of time and resources, says Matthew Selmasska at Kaufman Dolowich.
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6 Factors That Can Make For A 'Nuclear' Juror
Drawing from recent research that examines the rise in nuclear verdicts, Ken Broda-Bahm at Persuasion Strategies identifies a few juror characteristics most likely to matter in assessing case risk and preparing for jury selection — some of which are long-known, and others that are emerging post-pandemic.
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Series
Playing Dungeons & Dragons Makes Me A Better Lawyer
Playing Dungeons & Dragons – a tabletop role-playing game – helped pave the way for my legal career by providing me with foundational skills such as persuasion and team building, says Derrick Carman at Robins Kaplan.
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Illinois BIPA Reform Offers Welcome Relief To Businesses
Illinois' recent amendment to its Biometric Information Privacy Act limits the number of violations and damages a plaintiff can claim — a crucial step in shielding businesses from unintended legal consequences, including litigation risk and compliance costs, say attorneys at Taft.