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Employment
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September 10, 2024
Blink Fitness Lands $105M Bid From PureGym
Bankrupt gym chain Blink Fitness landed a stalking horse bid from a unit of U.K.-based global gym operator PureGym Ltd. that sets a $105 million floor price for a Chapter 11 auction set to be held later this month, the companies said Tuesday.
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September 10, 2024
Call Center Worker Says She Was Stiffed Boot-Up Time Pay
A customer service call center worker filed a proposed class and collective action claiming she was denied wages for boot-up time, according to a complaint filed in Michigan federal court.
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September 10, 2024
Scientist Nabs $3.8M Win In U. Of Alabama Harassment Suit
A federal jury found that a former University of Alabama at Birmingham scientist should receive nearly $4 million in damages after allegedly enduring years of harassment based on her race and Iranian national origin, an assault by her supervisor and a trumped-up arrest after she complained about the mistreatment.
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September 10, 2024
EEOC Accuses Semitrailer Maker Of Pregnancy Bias
The U.S. Equal Employment Opportunity Commission on Tuesday filed what it called its first lawsuit to enforce the Pregnant Workers Fairness Act, taking aim at a trailer manufacturer that it accused of failing to accommodate a pregnant assembly-line worker.
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September 10, 2024
Time Lag Dooms Coach's Retaliation Suit, 5th Circ. Says
The Fifth Circuit refused to revive a lawsuit from a high school basketball coach who said that reporting that he'd been sexually harassed cost him his coaching gig, saying too much time elapsed between his harassment complaint and the alleged retaliation to infer a connection.
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September 10, 2024
Texas Farm Bureau Beats OT Claims In Jury Trial
Farm insurance agents are not entitled to overtime pay after a jury in Texas federal court found they had not proved they worked more than 40 hours a week, according to a verdict form released as the case was dismissed Tuesday.
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September 10, 2024
Ex-Conn. Town Atty Slams Official's Defamation Suit Defense
The former attorney for Newington, Connecticut, and the town's tax assessor bickered over whether the latter's allegedly defamatory sentiments linked to now-dismissed ethics complaints were made publicly, with the lawyer insisting the statements were made to select groups of individuals and therefore weren't motivated by concern for the municipality's citizens.
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September 10, 2024
Ex-McElroy Deutsch CFO's Ch. 11 Case Nixed As 'Bad Faith'
McElroy Deutsch Mulvaney & Carpenter LLP convinced a New Jersey bankruptcy judge to throw out the Chapter 11 filing of its former chief financial officer, who is behind bars for stealing over $1 million from the firm, with the judge finding Tuesday that the petition was brought in "bad faith" to stall related state litigation.
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September 10, 2024
Calif. NLRB Judge OKs Union Vote At Social Services Org.
Workers at a San Francisco-based social services nonprofit can proceed with their union representation election, a National Labor Relations Board official has ruled, rejecting the employer's bid to exclude some employees from the vote on the grounds that they exercise supervisory power.
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September 10, 2024
Ballot Selfie Can't Tank Cannabis Firm Election, Union Argues
A United Food and Commercial Workers union local blasted a Massachusetts cannabis dispensary for trying to throw out a union election based on one worker's voluntary photograph of his ballot, telling the National Labor Relations Board that its precedent supports tossing only that vote and not the whole election.
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September 10, 2024
Fulton County Tries To Chop Court Staffer's Harassment Suit
A Georgia county this week fired back against a former courts employee's claims she was disciplined, passed over for promotion and threatened with a longer commute for speaking out about a supervisor's sexual abuse, contending her lawsuit is missing key supporting facts.
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September 10, 2024
Retention Bonus Not Wages Under Mass. Law, Court Finds
A retention bonus does not count as wages under Massachusetts' wage laws because it is a form of "contingent compensation," a state appellate division court ruled.
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September 10, 2024
Lewis Brisbois Lands 9 Litigators From Pillinger Miller
Lewis Brisbois Bisgaard & Smith LLP has added more litigation muscle with a nine-attorney pickup from Pillinger Miller Tarallo LLP, expanding the larger firm's head count in locations including New Jersey and New York.
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September 10, 2024
Middle Temple Beats Catering Head's Unfair Dismissal Claim
The former head of catering at one of London's four inns of court has failed in his unfair dismissal claim, as a tribunal found on Tuesday that the professional association for barristers had treated him fairly during the redundancy process.
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September 10, 2024
Ex-Michigan Football Stars Hit NCAA With $50M NIL Suit
A group of former University of Michigan football players are seeking more than $50 million in damages through a proposed class action filed Tuesday that alleges a decades-long scheme by the NCAA and Big Ten Network to unlawfully exploit athlete names, images and likenesses for commercial gain.
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September 10, 2024
YMCA Manager Wins Quitting Claim After Dispute Over Printer
A night manager at the YMCA was forced to quit after she was disciplined for printing out her son's exam practice papers at work — but her support for a colleague's dispute did not influence the actions of the association, an employment tribunal has ruled.
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September 10, 2024
FAMU Must Face Law Professor's Race Bias Claims
A Florida federal judge won't toss a Florida A&M University College of Law professor's suit claiming that she was subjected to race-based discrimination, ruling that although her latest complaint could benefit from "significant refinement," it properly alleges her claims.
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September 10, 2024
State Pension Likely To Rise 4% Under Triple Lock
The U.K. government is likely to push through an inflation-busting increase to the state pension of approximately £460 ($600) a year from April, after official figures revealed on Tuesday a rise in average earnings.
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September 10, 2024
Ex-Barclays VP Loses Bid To Retry Lost Promotion Claim
An attempt by a former Barclays vice president to revive her claim that she faced racial discrimination during a promotion round has failed, as an employment tribunal ruled that she was merely trying to "have another bite at the cherry."
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September 10, 2024
Bolt Drivers Gear Up For Group Claim Over Workers' Rights
More than 12,500 Bolt drivers will argue at an employment tribunal on Wednesday that they deserve worker status, as the ride-hailing app becomes the latest company to face group action from gig economy workers fighting for better pay conditions.
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September 09, 2024
Calif. State Senator's Ex-Staffer Sues For Sexual Harassment
California State Sen. Marie Alvarado-Gil created a toxic work environment for her former chief of staff, demanding he perform sex acts to prove his loyalty and firing him for objecting to her "sexualized abuse of power," the former staffer alleged in a new complaint filed in Sacramento Superior Court.
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September 09, 2024
Pa. Supreme Court Snapshot: Benefits, Cannabis, Taxes
The Pennsylvania Supreme Court's September schedule will have the justices pondering when to cancel tax exemptions for hospitals, if stormwater fees are taxes in disguise, and the potential resurrection of requiring medical marijuana products to be tested and approved by two separate laboratories.
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September 09, 2024
SpaceX Urges Arbitration Of Sex Harassment Suit
Attorneys for SpaceX urged a California state court judge Monday to rethink a tentative ruling that declined to send a sexual harassment claim by an employee to arbitration but found 10 other claims are arbitrable, arguing the harassment claim predates a statute requiring that it be adjudicated in court.
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September 09, 2024
Qorvo Gets Nearly $12M In Fees After $39M Trade Secrets Win
A federal judge said Monday that wireless company Qorvo Inc. was entitled to more than $11.7 million in legal fees after a jury earlier this year awarded the business $38.6 million in a trade secrets case against Akoustis Technologies Inc.
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September 09, 2024
Abbott Says Illinois OT Suit Should Join Similar Case In Ohio
Abbott Laboratories asked an Illinois federal judge Friday to send two workers' dispute over unpaid sanitary gear changes and hand washings to Ohio where a similar suit is pending, arguing that the move would promote consistent judgments across the "nearly identical" claims.
Expert Analysis
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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.
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3 Notes For Arbitration Agreements After Calif. Ruling
After last month's California Supreme Court decision in Ramirez v. Charter Communications invalidated several arbitration clauses in the company's employee contracts as unconscionable, companies should ensure their own arbitration agreements steer clear of three major pitfalls identified by the court, say attorneys at Cooley.
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Opinion
Focus On Political Stances May Weaken Labor Unions
Recent lawsujits and a bill pending in the U.S. House of Representatives call attention to the practice of labor unions taking political stances with which their members disagree — an issue that may weaken unions, and that employers should stay abreast of, given its implications for labor organizing campaigns, workplace morale and collective bargaining, says Daniel Johns at Cozen O'Connor.
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Jarkesy Ruling May Redefine Jury Role In Patent Fraud
Regardless of whether the U.S. Supreme Court’s Jarkesy ruling implicates the direction of inequitable conduct, which requires showing that the patentee made material statements or omissions to the U.S. Patent and Trademark Office, the decision has created opportunities for defendants to argue more substantively for jury trials than ever before, say attorneys at Cadwalader.
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3 Leadership Practices For A More Supportive Firm Culture
Traditional leadership styles frequently amplify the inherent pressures of legal work, but a few simple, time-neutral strategies can strengthen the skills and confidence of employees and foster a more collaborative culture, while supporting individual growth and contribution to organizational goals, says Benjamin Grimes at BKG Leadership.