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Employment
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August 05, 2024
Watchdog OKs Partial Fees To IT Firm Protesting $36M Deal
A federal watchdog called on the U.S. Department of Labor to cover most of an information technology firm's costs of protesting a $36 million support deal, saying the agency had wasted the company's resources by defending a flawed technical evaluation.
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August 05, 2024
Shipping Co. To Pay $400K To End EEOC Disability Bias Suit
A shipping company agreed to pay $400,000 to resolve a lawsuit from the U.S. Equal Employment Opportunity Commission accusing it of firing a manager after watching his health decline due to cancer, a filing in Georgia federal court said.
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August 05, 2024
Catching Up With Delaware's Chancery Court
Sunken treasure, rock band discord, a wrestling competition, and more news about Elon Musk — all in all, a colorful week in Delaware's Court of Chancery. The First State's famous court of equity also pushed forward on disputes involving a famous social media app, Delaware's largest hospital system, an artificial intelligence company and a budding commodity futures exchange.
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August 05, 2024
Carnival Agrees To Pay $72K To End Wage Fight With DOL
A Michigan-based carnival agreed to pay $72,200 to the seasonal workers who built and operated rides and staffed games and food stands to resolve the U.S. Department of Labor's claims of underpaying them.
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August 05, 2024
Atlanta, County Say Cops' Firing Claims 'Rife With Conjecture'
Fulton County, Georgia, and the city of Atlanta are urging the Eleventh Circuit to reject the "unadorned conspiracy theories" of two police officers who allege they were wrongly fired and arrested over their widely publicized shooting of a Black man in the city in the summer of 2020.
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August 05, 2024
Ex-GC Says Steakhouse Chain Can't Ax Or Arbitrate Bias Suit
A former general counsel at steakhouse chain Palm Management is asking a New York federal judge not to toss her lawsuit or force her into arbitration, calling the arbitration clause in her employment agreement "unenforceable due to unconscionability based on the content of the clause."
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August 05, 2024
US Chamber Backs Rail Co. Challenge To Crew Size Rule
The U.S. Chamber of Commerce is backing railroad companies' argument that the Federal Railroad Administration overstepped by implementing a rule that requires trains to be operated by at least two people, telling the Eleventh Circuit the rule was imposed without adequate justification or consideration of companies' interests.
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August 05, 2024
11th Circ. Won't Revive White Ex-Coach's Race Bias Suit
The Eleventh Circuit on Monday refused to reopen a former football coach's lawsuit accusing a Georgia school district of unlawfully refusing to renew his contract because he's white, backing a lower court's determination that an earlier case against Black school board members barred the current claims.
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August 05, 2024
7th Circ. Says Sanctions Not Needed In Metal Workers' OT Suit
A group of metal workers presented enough evidence to dodge sanctions related to their now-defunct overtime suits, a split Seventh Circuit panel ruled, affirming a lower court decision to turn down a company's bid for punishment.
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August 05, 2024
Wesleyan U. Axes Fired Catholic Chaplain's Bias Suit, For Now
A Connecticut federal judge tossed a Catholic chaplain's suit alleging Wesleyan University fired him for complaining that a Muslim chaplain's departure was an unfair firing, stating the former employee didn't support his claims with enough proof that bias affected the Muslim chaplain's employment or his own.
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August 02, 2024
Fla.'s Trans Healthcare Ban Violates Title VII, Judge Says
A Florida federal judge has ruled the state's Department of Management Services illegally excluded gender-affirming treatment for transgender employees under state-sponsored health benefits plans, finding the state's exclusion only applies to trans individuals and is facially discriminatory under Title VII of the Civil Rights Act.
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August 02, 2024
Connecticut City Gets Ex-Cop's Arbitration Win Vacated
In a legally rare decision, a Connecticut state judge vacated an arbitration panel's determination that forced a city to reinstate a fired police lieutenant, ruling the arbiters were wrong to ignore an earlier court order banning the lieutenant from coming within 100 yards of the city's police chief.
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August 02, 2024
Ex-Exec Can't Escape Drug Co.'s Trade Secret Suit
The North Carolina Business Court refused to give a win before trial to the former president of a United Therapeutics Corp. subsidiary on a claim that he took trade secrets to a rival, with the court reasoning the drug company took reasonable steps to protect the secrets beyond a three-year limit in his employment agreement.
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August 02, 2024
Employment Authority: OSHA's New Heat Break Rule
Law360 Employment Authority covers the biggest employment cases and trends. Catch up this week with a look at the U.S. Occupational Safety and Health Administration's proposed workplace heat safety rule, the impact of the Ninth Circuit's decision that a federal prison guard's Instagram activity represented harassment toward a female co-worker and how challenges might advance on the National Labor Relations Board's decision to unwind a 2020 regulation that curtailed the practice of pausing elections over alleged misconduct.
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August 02, 2024
OT Rule Exceeds DOL's Authority, Red States Argue
A group of 14 red states joined Texas in calling for a federal court to strike down the U.S. Department of Labor's rule raising salary thresholds for a federal overtime exemption, claiming in a brief that the new rule would hit their states particularly hard.
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August 02, 2024
Wheeling & Appealing: The Latest Must-Know Appellate Action
In this inaugural edition of Wheeling & Appealing, Law360 recaps recent appellate opinions that made waves, quizzes readers about a new word for judicial grievances, and previews August arguments in circuit courts over controversial wage rules and a seven-figure attorney fee award after a digital age intellectual property trial.
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August 02, 2024
Ill. Gov. Pritzker Signs BIPA Reform Into Law
Illinois Gov. J.B. Pritzker signed biometric privacy reform legislation into law on Friday, significantly reducing companies' potential liability for collecting or sharing individuals' fingerprint and other biometric data without informed consent.
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August 02, 2024
Judge Rejects Intervenors In Religious Workers' Vax Deal Bid
Women who opted out of or objected to a recently vacated $10.5 million deal between Ascension Health Alliance and workers who allege the company retaliated or fired them for seeking COVID-19 vaccine exemptions cannot now intervene in the renewed bid for settlement approval, a Michigan federal judge has ruled, finding their request untimely.
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August 02, 2024
Ex-Lewis Brisbois Partner's Pay Bias Suit Sent To Arbitration
Lewis Brisbois Bisgaard & Smith LLP can arbitrate its former partner's gender discrimination suit claiming she was retaliated against for raising concerns about the firm's "unethical billing practices," a California state court judge ruled Friday, staying the entire case pending arbitration.
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August 02, 2024
Sephora Ex-Manager's Retaliation Suit Lacks Proof, Court Told
Sephora urged a Georgia federal judge Friday to toss a Latina manager's retaliation claims that she was fired for refusing to engage in an allegedly discriminatory hiring scheme that would have prioritized white applicants, arguing her suit lacks proof the company knew about her concerns.
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August 02, 2024
UFCW's Disclaimer Ends NY Ouster Bid, NLRB Official Says
A Walgreens employee's request to have an election to decertify a United Food and Commercial Workers affiliate can't go forward, a National Labor Relations Board regional director concluded, explaining that the union disclaimed interest in representing a bargaining unit at stores in New York.
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August 02, 2024
Ex-CFO Of Embattled PE Firm Sues In Del. For Legal Fees
The former chief financial officer of 777 Partners LLC has sued the private equity firm in Delaware's Court of Chancery, seeking advancement of his legal fees in connection with a fraud investigation and at least 20 civil lawsuits related to the company's business.
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August 02, 2024
Plumbing Co. Sales Reps Owed OT, 1st Circ. Affirms
A group of more than 600 sales representatives at a Massachusetts-based plumbing and HVAC wholesaler are eligible for overtime pay, the First Circuit concluded on Thursday, affirming a lower court's finding on a Fair Labor Standards Act complaint brought by the government.
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August 02, 2024
Onion Packer To Pay Nearly $270K In Withheld OT Wages
The U.S. Department of Labor said it recovered nearly $270,000 in back wages and damages for 76 onion farm laborers after the agency found an Idaho business had put them up in substandard housing and had not paid overtime wages.
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August 02, 2024
FedEx Drivers Accept $166K Deal To Close Out OT Suit
Two Massachusetts FedEx drivers claiming the logistics giant shorted them on overtime wages accepted an offer to end the litigation in their favor months before trial for $20,000 each, plus $126,000 in attorney fees.
Expert Analysis
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Series
After Chevron: FTC's 'Unfair Competition' Actions In Jeopardy
While the U.S. Supreme Court's decision ending Chevron deference will have limited effect on the Federal Trade Commission's merger guidelines, administrative enforcement actions and commission decisions on appeal, it could restrict the agency's expansive take on its rulemaking authority and threaten the noncompete ban, say attorneys at Baker Botts.
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How To Clean Up Your Generative AI-Produced Legal Drafts
As law firms increasingly rely on generative artificial intelligence tools to produce legal text, attorneys should be on guard for the overuse of cohesive devices in initial drafts, and consider a few editing pointers to clean up AI’s repetitive and choppy outputs, says Ivy Grey at WordRake.
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Series
After Chevron: Various Paths For Labor And Employment Law
Labor and employment law leans heavily on federal agency guidance, so the U.S. Supreme Court’s decision to toss out Chevron deference will ripple through this area, with future workplace policies possibly taking shape through strategic litigation, informal guidance, state-level regulation and more, says Alexander MacDonald at Littler.
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Series
Boxing Makes Me A Better Lawyer
Boxing has influenced my legal work by enabling me to confidently hone the skills I've learned from the sport, like the ability to remain calm under pressure, evaluate an opponent's weaknesses and recognize when to seize an important opportunity, says Kirsten Soto at Clyde & Co.
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Opinion
Industry Self-Regulation Will Shine Post-Chevron
The U.S. Supreme Court's Loper decision will shape the contours of industry self-regulation in the years to come, providing opportunities for this often-misunderstood practice, says Eric Reicin at BBB National Programs.
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3 Ways Agencies Will Keep Making Law After Chevron
The U.S. Supreme Court clearly thinks it has done something big in overturning the Chevron precedent that had given deference to agencies' statutory interpretations, but regulated parties have to consider how agencies retain significant power to shape the law and its meaning, say attorneys at K&L Gates.
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Roundup
After Chevron
In the month since the U.S. Supreme Court overturned the Chevron deference standard, this Expert Analysis series has featured attorneys discussing the potential impact across 26 different rulemaking and litigation areas.
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Opinion
FIFA Maternity Policy Shows Need For Federal Paid Leave
While FIFA and other employers taking steps to provide paid parental leave should be applauded, the U.S. deserves a red card for being the only rich nation in the world that offers no such leave, says Dacey Romberg at Sanford Heisler.
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Opinion
Atty Well-Being Efforts Ignore Root Causes Of The Problem
The legal industry is engaged in a critical conversation about lawyers' mental health, but current attorney well-being programs primarily focus on helping lawyers cope with the stress of excessive workloads, instead of examining whether this work culture is even fundamentally compatible with lawyer well-being, says Jonathan Baum at Avenir Guild.
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What 2 Rulings On Standing Mean For DEI Litigation
Recent federal court decisions in the Fearless Fund and Hello Alice cases shed new light on the ongoing wave of challenges to diversity, equity and inclusion initiatives, with opposite conclusions on whether the plaintiffs had standing to sue, say attorneys at Moore & Van Allen.
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Series
Skiing And Surfing Make Me A Better Lawyer
The skills I’ve learned while riding waves in the ocean and slopes in the mountains have translated to my legal career — developing strong mentor relationships, remaining calm in difficult situations, and being prepared and able to move to a backup plan when needed, says Brian Claassen at Knobbe Martens.
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Unpacking The Circuit Split Over A Federal Atty Fee Rule
Federal circuit courts that have addressed Rule 41(d) of the Federal Rules of Civil Procedure are split as to whether attorney fees are included as part of the costs of a previously dismissed action, so practitioners aiming to recover or avoid fees should tailor arguments to the appropriate court, says Joseph Myles and Lionel Lavenue at Finnegan.
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4 Steps To Repair Defense Credibility In Opening Statements
Given the continued rise of record-breaking verdicts, defense counsel need to consider fresh approaches to counteract the factors coloring juror attitudes — starting with a formula for rebuilding credibility at the very beginning of opening statements, says Ken Broda-Bahm at Persuasion Strategies.
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Compliance Countdown To New Calif. Workplace Safety Rules
Nearly all California employers should be taking steps to prepare for the July 1 deadline to comply with a Labor Code update that will introduce the first general industry workplace violence prevention safety requirements in the U.S., say attorneys at Littler.
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Arbitration Implications Of High Court Coinbase Ruling
The U.S. Supreme Court's recent Coinbase v. Suski ruling not only reaffirmed the long-standing principle that arbitration is a matter of contract, but also established new and more general principles concerning the courts' jurisdiction to decide challenges to delegation clauses and the severability rule, say Tamar Meshel at the University of Alberta.