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Employment
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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.
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September 09, 2024
Mich. Judge Denies Injunction Bid In NLRB Constitutional Row
An auto parts maker didn't prove the company would be harmed when facing an unfair labor practice proceeding before National Labor Relations Board officials with allegedly unconstitutional removal protections, a Michigan federal judge ruled Monday, while greenlighting a delay to the agency case pending an appeal.
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September 09, 2024
NC Sheriff Settles Former Jailer's Bias Suit On Eve Of Trial
The Mecklenburg County Sheriff's Office and an ex-detention officer reached a deal in the officer's sex discrimination lawsuit on the eve of trial, according to a notice filed with a North Carolina federal court.
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September 09, 2024
Texas High Court To Mull Medical Nonprofit's Med Mal Liability
The Texas Supreme Court is scheduled to hear oral arguments Wednesday over whether a nonprofit health organization can be sued for the alleged medical negligence of one of its physician employees, in a dispute over an allegedly botched brain surgery.
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September 09, 2024
SEC Fines 7 Companies $3M Over Whistleblower Violations
The U.S. Securities and Exchange Commission on Monday announced a $3 million collective settlement with seven public companies, including TransUnion and Acadia Healthcare Co. Inc., to resolve claims that those companies used employment, separation and other agreements to impede whistleblowers from reporting potential misconduct to the SEC.
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September 09, 2024
Philly Noncompete Ban Challenger Wants Case Paused
A tree service company suing to block the Federal Trade Commission's noncompete ban in Pennsylvania — the only jurisdiction so far where the commission fended off a preliminary injunction — has asked the judge to pause its case after federal courts in other states put similar suits on hold.
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September 09, 2024
Dems To Bring Back Judiciary Accountability Bill
In the coming weeks, Democrats in the House and Senate will be reintroducing a bill that they say will better protect the approximately 30,000 federal judiciary employees from discrimination and sexual harassment, two lawmakers said on Monday.
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September 09, 2024
Owner Of Mass., NH Eateries Cops To $2M Tax Fraud
The owner of three restaurants in Massachusetts and New Hampshire has pled guilty to failing to pay approximately $2 million in employment and state and local meals taxes over a six-year period, the U.S. attorney's office in Massachusetts announced Monday.
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September 09, 2024
Colo. Justices Rule Amazon's Holiday Pay Must Be In OT Math
Amazon's holiday incentive pay is the type of compensation Colorado wage law requires to be included in overtime calculations, the state Supreme Court ruled Monday, agreeing with warehouse workers that the incentive pay needed to be included in their regular rate when calculating overtime.
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September 09, 2024
Ex-LSU Coach Moves Vacated Wins Suit To State Court
Former Louisiana State University football coach Les Miles has moved his suit against the school and its board over their decision to strip victories earned during his tenure from federal to state court as he looks to revive his candidacy for the College Football Hall of Fame.
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September 09, 2024
Akin Gump Employment Ace Joins Bracewell In Houston
Bracewell LLP has strengthened its Houston office with the addition of a former Akin Gump Strauss Hauer & Feld LLP partner who helped guide Olin Corp. in successfully asking a Texas federal judge to vacate an arbitration award in June in an employment dispute.
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September 09, 2024
Zeta MDL Judge Limits Talk Of Arnold & Itkin Billing 'Scheme'
A Harris County judge said on Monday she would limit what questions a drilling rig owner could ask witnesses about where they received medical care during an upcoming trial amid allegations that attorneys for seamen injured while on the ship during Hurricane Zeta engaged in a scheme to inflate medical bills.
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September 09, 2024
Novartis Settles Sales Rep.'s Gender Bias Suit
A former sales representative with Novartis Pharmaceuticals Corp. has settled a lawsuit against the company alleging she faced gender-motivated retaliation after reporting a co-worker for falsifying records and hurting her sales numbers.
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September 09, 2024
No Re-Do In Ex-Defender's Sex Bias Case Against Judiciary
A Massachusetts federal judge declined on Monday to reconsider his ruling that the federal judiciary did not violate the rights of a former North Carolina public defender because the attorney had not adequately put her office on notice of her sexual harassment claims.
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September 09, 2024
Catching Up With Delaware's Chancery Court
Delaware's Court of Chancery made some expensive decisions last week, ranging from a $130 million stockholder award and a freeze on $450 million in equity financing to a whopping $1 billion bill for fraud and breach of contract damages. New cases aimed at Virgin Galactic, settlements pulled in Hemisphere Media Group Inc. and court hearings involving Apollo Global Management heated up. In case you missed it, here's the roundup of news from Delaware's Court of Chancery.
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September 09, 2024
Squire Patton Litigator Jumps To Fox Rothschild In Atlanta
Fox Rothschild LLP has added a former Squire Patton Boggs LLP partner who helped UPS defeat a former supervisor's sexual harassment, discrimination and retaliation suit, strengthening its Atlanta office with a labor and employment litigator.
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September 09, 2024
Engineers' Counsel Requests $220K In Forced Labor Suit
Attorneys representing a class of Mexican engineers who claimed they were lured to the U.S. with false promises of high-paying jobs asked a Georgia federal court to greenlight their request for $220,000 for their work securing a $1.2 million settlement to resolve the dispute.
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September 09, 2024
Kramer Levin Beats NJ Malpractice Suit From RE Developer
Kramer Levin Naftalis & Frankel LLP has defeated a malpractice suit from a real estate developer who claimed it represented both the developer and a firm partner's son — who was an employee of the developer — at the same time, according to a New Jersey state appellate decision issued Monday.
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September 09, 2024
DOJ Says Judge Missing 'Egregious' Slur In Race Bias Suit
A Georgia federal judge ignored crucial context and overlooked the "egregious nature" of a racial slur leveled at a Black worker when recommending that a race bias suit brought against a Georgia county by the federal government be thrown out, the U.S. Department of Justice said.
Expert Analysis
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5 Employer Actions Now Risky After Justices' Title VII Ruling
Last week in Muldrow v. St. Louis, the U.S. Supreme Court ruled that harm didn't have to be significant to be considered discriminatory under Title VII of the Civil Rights Act, making five common employer actions vulnerable to litigation, say Kellee Kruse and Briana Scholar at The Employment Law Group.
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Series
Being An Equestrian Makes Me A Better Lawyer
Beyond getting experience thinking on my feet and tackling stressful situations, the skills I've gained from horseback riding have considerable overlap with the skills used to practice law, particularly in terms of team building, continuing education, and making an effort to reset and recharge, says Kerry Irwin at Moore & Van Allen.
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Teach Your Party Representative The Art Of Nonverbal Cues
As illustrated by recent reports about President Donald Trump’s nonverbal communication in court, jurors notice what’s happening at counsel table, which may color their perceptions of the case as a whole, so trial attorneys should teach party representatives to self-monitor their nonverbal behaviors, says Clint Townson at Townson Consulting.
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FTC Noncompete Ban Signals Rising Labor Focus In Antitrust
The Federal Trade Commission’s approval this week of a prohibition on noncompete agreements continues antitrust enforcers’ increasing focus on labor, meaning companies must keep employee issues top of mind both in the ordinary course of business and when pursuing transactions, say attorneys at Skadden.
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Breaking Down EEOC's Final Rule To Implement The PWFA
Attorneys at Littler highlight some of the key provisions of the U.S. Equal Employment Opportunity Commission's final rule and interpretive guidance implementing the Pregnant Workers Fairness Act, which is expected to be effective June 18, and departures from the proposed rule issued in August 2023.
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4 Ways To Refresh Your Law Firm's Marketing Strategy
With many BigLaw firms relying on an increasingly obsolete marketing approach that prioritizes stiff professionalism over authentic connection, adopting a few key communications strategies to better connect with today's clients and prospects can make all the difference, say Eric Pacifici and Kevin Henderson at SMB Law.
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How To Prepare As Employee Data Reporting Deadlines Near
As filing deadlines approach, government contractors and private companies alike should familiarize themselves with recent changes to federal and California employee data reporting requirements and think strategically about registration of affirmative action plans to minimize the risk of being audited, say Christopher Durham and Zev Grumet-Morris at Duane Morris.
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Address Complainants Before They Become Whistleblowers
A New York federal court's dismissal of a whistleblower retaliation claim against HSBC Securities last month indicates that ignored complaints to management combined with financial incentives from regulators create the perfect conditions for a concerned and disgruntled employee to make the jump to federal whistleblower, say attorneys at Cooley.
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The Practical Effects Of Justices' Arbitration Exemption Ruling
The U.S. Supreme Court's recent decision in Bissonnette v. LePage Bakeries, that a transportation worker need not work in the transportation industry to be exempt from the Federal Arbitration Act, may negatively affect employers' efforts to mitigate class action risk via arbitration agreement enforcement, say Charles Schoenwetter and Eric Olson at Bowman and Brooke.
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Highlights From The 2024 ABA Antitrust Spring Meeting
U.S. merger enforcement and cartels figured heavily in this year's American Bar Association spring antitrust meeting, where one key takeaway included news that the Federal Trade Commission's anticipated changes to the Hart-Scott-Rodino form may be less dramatic than many originally feared, say attorneys at Freshfields.
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Why Corporate DEI Challenges Increasingly Cite Section 1981
As legal challenges to corporate diversity, equity and inclusion initiatives increase in the wake of the U.S. Supreme Court's ruling on race-conscious college admissions last year, Section 1981 of the Civil Rights Act is supplanting Title VII as conservative activist groups' weapon of choice, say Mike Delikat and Tierra Piens at Orrick.
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The Future Of BIPA Insurance Litigation After Visual Pak
A recent Illinois appellate court decision, National Fire Insurance v. Visual Pak, may have altered the future of insurance litigation under the state's Biometric Information Privacy Act by diametrically opposing a prominent Seventh Circuit ruling that found insurance coverage for violations of the act, say attorneys at Jenner & Block.
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Inside OMB's Update On Race And Ethnicity Data Collection
The Office of Management and Budget's new guidelines for agency collection of data on race and ethnicity reflect societal changes and the concerns of certain demographics, but implementation may be significantly burdensome for agencies and employers, say Joanna Colosimo and Bill Osterndorf at DCI Consulting.
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Assessing Work Rules After NLRB Handbook Ruling
The National Labor Relations Board's Stericycle decision last year sparked uncertainty surrounding whether historically acceptable work rules remain lawful — but employers can use a two-step analysis to assess whether to implement a given rule and how to do so in a compliant manner, say attorneys at Seyfarth.
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Series
Whitewater Kayaking Makes Me A Better Lawyer
Whether it's seeing clients and their issues from a new perspective, or staying nimble in a moment of intense challenge, the lessons learned from whitewater kayaking transcend the rapids of a river and prepare attorneys for the courtroom and beyond, says Matthew Kent at Alston & Bird.