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Employment
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August 07, 2024
11th Circ. Affirms Unapportioned Wood-Theft Settlement
The Eleventh Circuit has unanimously upheld a Georgia federal court ruling forcing an insurer to cover a $557,000 settlement for shoddy work and wood theft during a deconstruction project by its policyholder, despite objections from the insurer that the amount was not apportioned between covered and noncovered losses.
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August 07, 2024
SpaceX Can't Stop Transfer Of NLRB Constitutionality Suit
SpaceX can't stop its challenge to the constitutionality of the National Labor Relations Board's structure from landing in California, a Texas federal judge ruled, saying the company appealed to the Fifth Circuit months after the transfer order.
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August 07, 2024
WWE Accuser May Be Liable For Defamation, Doctor Says
The woman who accused World Wrestling Entertainment Inc. and former executives including ex-CEO Vince McMahon of sexually trafficking and abusing her may be liable for defaming a celebrity doctor that she targeted with a bid for discovery in Connecticut Superior Court, according to a complaint from Dr. Carlon Colker and his company.
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August 07, 2024
Japanese Space Co. Slips Ex-Exec's $8M Stock Suit
A Colorado federal judge threw out a lawsuit Wednesday that a former executive lodged against a Japanese space and robotics company accusing it of withholding from him stock options worth about $8 million, saying the dispute belongs in Japan.
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August 07, 2024
DOL's Legacy Online Labor Certification System To Sunset Dec. 1
The federal government's legacy online system for providing public access to permanent labor certification applications and final determinations will retire in December and migrate users to a newer system that rolled out in 2019, the U.S. Department of Labor said Wednesday.
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August 07, 2024
Chick-Fil-A Franchisee Settles Fired Trans Worker's Bias Suit
A Chick-fil-A franchisee and a transgender former employee have settled her sexual harassment suit alleging she was told she should be grateful that a colleague was hitting on her and eventually fired after complaining about the harassment she faced.
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August 07, 2024
Librarian Says Catholic School Fired Her For Being Trans
A Catholic school assured a librarian that it wanted to renew her contract for another school year but promptly changed its tune after she alerted the principal that she was about to undergo a gender transition, a complaint filed in Minnesota state court said.
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August 07, 2024
Thompson Coburn Adds Willkie Benefits Atty
Thompson Coburn LLP has brought on an employee benefits litigator from Willkie Farr & Gallagher LLP as a partner in Chicago, picking up a lawyer with over two decades of experience advising and representing employers, plan administrators and fiduciaries.
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August 07, 2024
Morgan Stanley Loses Bid To Arbitrate Background Check Suit
A Boston federal judge ruled Tuesday that Morgan Stanley & Co. LLC can't force arbitration in a proposed class action claiming the bank illegally used protected criminal history information to discriminate against job applicants.
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August 07, 2024
Split 7th Circ. Axes Forced Labor Suit Against Salvation Army
A group of former participants in the Salvation Army's rehabilitation programs didn't show how the work they performed for the organization represented forced labor, a split Seventh Circuit panel ruled, keeping an Illinois federal court's decision tossing their suit.
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August 07, 2024
4th Circ. Revives Sex Bias Suit Over Workplace Romance Row
The Fourth Circuit reopened a former salesperson's lawsuit alleging a wine and spirits distributor fired her because she rejected the owner's sexual advances after they broke up, saying a trial is needed to delineate when the relationship ended.
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August 07, 2024
L3Harris Narrows But Can't End Religious Bias Suit
Technology company L3Harris can't toss a former worker's claims that he was fired for being Christian after he complained that his new boss was harassing him, a Texas federal judge ruled, but his claims of age bias and retaliation lacked enough proof to stay in court.
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August 07, 2024
11th Circ. Says Drivers Can Use Contracting Law For OT Math
Three drivers for a company that provides medical transportation to veterans can base their calculation of overtime they're owed on a Service Contract Act prevailing rate that's higher than the wages they were paid, the Eleventh Circuit has ruled, partially flipping a lower court's ruling.
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August 06, 2024
From Vets To Labor: The Policies VP Pick Walz Has Backed
Democratic U.S. presidential nominee Kamala Harris' pick of Minnesota Gov. Tim Walz to be her running mate pairs her with a state leader and former lawmaker who has advocated for veterans' rights and public education while also championing a more progressive agenda, from cannabis legalization to abortion care access to stronger union rights.
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August 06, 2024
Thompson Hine Says Ex-Atty's Harassment Claims Lack Teeth
A former Thompson Hine LLP attorney's sex harassment suit should be dismissed for failing to show that gender bias had anything to do with the workplace conflicts that arose during her tenure, the firm argued in a New York federal court filing.
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August 06, 2024
9th Circ. Won't Rehear Ex-Uber Driver's Race Bias Suit
The Ninth Circuit on Tuesday refused to grant en banc rehearing to a former Uber driver after a three-judge panel found he failed to support his allegations that the ride-hailing giant's rating system is racially biased.
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August 06, 2024
2nd Circ. Says Citi Whistleblower Can't Get Cut Of $400M Fine
The Second Circuit on Tuesday upheld a lower court's dismissal of a Citibank executive's whistleblower lawsuit seeking a piece of a $400 million fine the bank paid, finding that she failed to allege a valid False Claims Act claim and therefore has no right to a portion of financial recovery.
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August 06, 2024
Florida Asks 11th Circ. To Let Gender Law Take Effect Now
Florida officials have implored the Eleventh Circuit to allow enforcement of the state's recently enacted law restricting gender-affirming treatment for transgender minors and adults, arguing that a federal judge's order to enjoin enforcement of the law was erroneous.
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August 06, 2024
Pilots Union Tells 5th Circ. Southwest Put Animus In Policy
Counsel for the Southwest Airlines Pilots Association told a Fifth Circuit panel Tuesday that the airline had codified anti-union animus in a written policy, claiming during oral arguments that the airline was working to keep elite "check pilots" from organizing.
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August 06, 2024
MGM Shreds Workers' Bid For Default Win In Vax Fight
Detroit casino MGM Grand has urged a Michigan federal court to not grant default judgment to former employees protesting its vaccination policies, arguing the request is drastic and that any delay in producing discovery documents was justified and harmless.
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August 06, 2024
Amazon Contractor Can't Escape Worker's Welding Injury Suit
A Texas federal judge ruled Tuesday that a construction company hired by Amazon must face a trial over a worker's blindness from a welding torch light flash, saying there is a factual dispute regarding whether the company had control over all workers on site the day of the incident.
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August 06, 2024
Horse Trainer Says Conn. Club Stiffed Him, Sues For $275K
A historic Connecticut country club stopped reimbursing the head of its horse-riding program for expenses he paid out of his own pocket, ceased paying his salary and fees, and canceled his membership, according to a breach-of-contract suit filed in state court.
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August 06, 2024
Denver Food Co. Fired VP For Younger Male, Suit Claims
A former vice president of a Denver-area food biotech firm has filed a suit claiming the company violated Colorado's gender and age anti-discrimination laws when it fired and ultimately replaced her after she finished training a younger male successor, who was intended to only take over some of her duties.
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August 06, 2024
Investment Adviser Must Face Union Fund's $30M ERISA Suit
A union pension fund has carried its $30 million Employee Retirement Income Security Act lawsuit against an investment advisory firm past the motion-to-dismiss phase on its second try, with a California federal judge holding that the fund qualified for an extension to its deadline to sue over pre-2016 conduct.
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August 06, 2024
Amazon Seeks Early Exit From Military Service Bias Suit
Amazon asked a Washington federal judge to end a proposed class action accusing it of demoting or terminating workers who take time off for military service, arguing that one of the plaintiffs was inadvertently fired while the other wasn't qualified for a promotion because he was "unprofessional."
Expert Analysis
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Lead Like 'Ted Lasso' By Embracing Cognitive Diversity
The Apple TV+ series “Ted Lasso” aptly illustrates how embracing cognitive diversity can be a winning strategy for teams, providing a useful lesson for law firms, which can benefit significantly from fresh, diverse perspectives and collaborative problem-solving, says Paul Manuele at PR Manuele Consulting.
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2 Lessons From Calif. Overtime Wages Ruling
A California federal court's recent decision finding that Home Depot did not purposely dodge overtime laws sheds light on what constitutes a good faith dispute, and the extent to which employers have discretion to define employees' workdays, says Michael Luchsinger at Segal McCambridge.
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Questions Remain After 3rd Circ.'s NCAA Amateurism Ruling
The Third Circuit's recent holding that college athletes can be considered employees under the FLSA adds to the trend of student-athletes obtaining new legal status in collegiate athletics, but leaves key questions unanswered, including how the economics of the decision will be applied, say attorneys at Reed Smith.
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Justices' Starbucks Ruling May Limit NLRB Injunction Wins
The U.S. Supreme Court’s recent decision in Starbucks v. McKinney, adopting a more stringent test for National Labor Relations Board Section 10(j) injunctions, may lessen the frequency with which employers must defend against injunctions alongside parallel unfair labor practice charges, say David Pryzbylski and Colleen Schade at Barnes & Thornburg.
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Class Actions At The Circuit Courts: July Lessons
In this month's review of class action appeals, Mitchell Engel at Shook Hardy considers cases touching on pre- and post-conviction detainment conditions, communications with class representatives, when the American Pipe tolling doctrine stops applying to modified classes, and more.
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Biden Policy Gives Employers New Ways To Help Dreamers
A new Biden administration immigration policy makes the process more predictable for Deferred Action for Childhood Arrivals recipients to seek employment visas, and, given uncertainties surrounding DACA’s future, employers should immediately determine which of their employees may be eligible, says Jennifer Kim at Moore & Van Allen.
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How To Comply With Chicago's New Paid Leave Ordinance
Chicago's new Paid Leave and Paid Sick and Safe Leave Ordinance went into effect earlier this month, so employers subject to the new rules should update leave policies, train supervisors and deliver notice as they seek compliance, say Alison Crane and Sarah Gasperini at Jackson Lewis.
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Opinion
A Way Forward For The US Steel-Nippon Deal And Union Jobs
Parties involved in Nippon Steel's acquisition of U.S. Steel should trust the Pennsylvania federal court overseeing a key environmental settlement to supervise a way of including future union jobs and cleaner air for the city of Pittsburgh as part of a transparent business marriage, says retired judge Susan Braden.
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How NJ Worker Status Ruling Benefits Real Estate Industry
In Kennedy v. Weichert, the New Jersey Supreme Court recently said a real estate agent’s employment contract would supersede the usual ABC test analysis to determine his classification as an independent contractor, preserving operational flexibility for the industry — and potentially others, say Jason Finkelstein and Dalila Haden at Cole Schotz.
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Opinion
H-2 Visas Offer Humane, Economic Solution To Border Crisis
Congress should leverage the H-2 agricultural and temporary worker visa programs to match qualified migrants with employers facing shortages of workers — a nonpolitical solution to a highly divisive humanitarian issue, say Ashley Dees and Jeffrey Joseph at BAL.
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PAGA Reforms Encourage Proactive Employer Compliance
Recently enacted reforms to California's Private Attorneys General Act should make litigation under the law less burdensome for employers, presenting a valuable opportunity to streamline compliance and reduce litigation risks by proactively addressing many of the issues that have historically attracted PAGA claims, say attorneys at Mintz.
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Opinion
Now More Than Ever, Lawyers Must Exhibit Professionalism
As society becomes increasingly fractured and workplace incivility is on the rise, attorneys must champion professionalism and lead by example, demonstrating how lawyers can respectfully disagree without being disagreeable, says Edward Casmere at Norton Rose.
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The Show Must Go On: Noncompete Uncertainty In Film, TV
The Federal Trade Commission has taken action to ban noncompetes while the entertainment industry is in the midst of a massive shift away from traditional media, so it is important for studio heads and content owners alike to understand the fate of the rule and their options going forward, say Christopher Chatham and Douglas Smith at Manatt.
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'Outsourcing' Ruling, 5 Years On: A Warning, Not A Watershed
A New York federal court’s 2019 ruling in U.S. v. Connolly, holding that the government improperly outsourced an investigation to Deutsche Bank, has not undercut corporate cooperation incentives as feared — but companies should not completely ignore the lessons of the case, say Temidayo Aganga-Williams and Anna Nabutovsky at Selendy Gay.
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Series
Serving In The National Guard Makes Me A Better Lawyer
My ongoing military experience as a judge advocate general in the National Guard has shaped me as a person and a lawyer, teaching me the importance of embracing confidence, balance and teamwork in both my Army and civilian roles, says Danielle Aymond at Baker Donelson.