Employment

  • November 26, 2024

    Workers Say Kroger-Albertsons No-Poach Deal Hurt Wages

    A Colorado grocery store employee has filed a putative class action accusing Kroger Co. and Albertsons Cos. Inc. of scheming to suppress workers' wages, alleging in a state court complaint that the grocers entered into an illegal "no-poach" agreement during a 2022 strike.

  • November 26, 2024

    NY Groups, Truckers Say Congestion Pricing Unconstitutional

    A New York teachers union, and coalitions of residents and truckers have told a federal judge that Manhattan's recently resurrected congestion pricing is still unconstitutional and discriminatory, and federal and state transportation agencies shouldn't be allowed to shake their claims just because the tolls will be reduced.

  • November 26, 2024

    Ukrainian Man Admits To $25M Staffing, Tax Scheme

    A Ukrainian man who was recently extradited to the U.S. to face charges that he helped illegally employ immigrants in Florida hotels pled guilty to tax crimes that prosecutors say caused $25 million in tax losses, according to Florida federal court filings.

  • November 26, 2024

    UAW Local Should Rerun Officer Vote In Mich., DOL Says

    A United Auto Workers local in Warren, Michigan, should scrap the results of its May officers' election and hold a new one, the U.S. Department of Labor told a federal court Tuesday, saying the election committee mishandled its recordkeeping and oversight of absentee ballots.

  • November 26, 2024

    'Enormous Is Not Everything': UAW Pressed On Doc Turnover

    A Michigan federal judge pressed a United Auto Workers attorney Tuesday about whether the union was being evasive in describing how much material it had turned over to fulfill the request of a monitor appointed to oversee the union as part of his investigation into some of the union's top officials.

  • November 26, 2024

    4th Circ. Won't Rehear Soldier's Loss In Suit Against Fluor

    The Fourth Circuit on Tuesday declined to rehear, or rehear en banc, a split panel decision from October in a former Army specialist's suit against defense contractor Fluor Corp. over injuries he sustained in a 2016 suicide bombing in Afghanistan. 

  • November 26, 2024

    Judge Heads Off Misleading Solicitation In NCAA NIL Deal

    The California federal judge overseeing the NCAA name, image and likeness class action that is nearing closure issued guidelines Tuesday for third-party servicing companies offering to help student athletes secure their portion of a preliminarily approved $2.78 billion settlement.

  • November 26, 2024

    Chicago Dispensary Asks NLRB To Ax 2021 Union Vote Result

    The National Labor Relations Board should nix a United Food & Commercial Workers local's 11-10 win in a 2021 representation election at a Chicago cannabis dispensary due to an issue with the vote, the dispensary said, adding NLRB and D.C. Circuit precedent supports its stance.

  • November 26, 2024

    Affinity Bar Groups Decry Colo. No-Poach Restrictions

    Several attorney groups told Colorado's justices that barring lawyers from recruiting colleagues before officially leaving a firm would take away professional autonomy and harm lawyers from underrepresented backgrounds the most, filing briefs in support of a lawyer's challenge to her contract with a personal injury firm. 

  • November 26, 2024

    U. Of Michigan Shorting Pay With Late Raises, Prof Says

    The University of Michigan has been consistently applying salary increases three months later than its employment contracts require, leading to unpaid wages, a tenured sociology professor said in a proposed class action filed Tuesday in state court.

  • November 26, 2024

    NC Basketball Scout Admits To Role In COVID Funds Scheme

    A North Carolina basketball scout has pled guilty to participating in a COVID-19 relief funds scam that prosecutors say netted him $300,000, the latest of more than 30 guilty pleas from the nationwide scheme to defraud the Paycheck Protection Program.

  • November 26, 2024

    Jackson Hewitt Workers Get Final OK On $10.8M Settlement

    A federal judge granted final approval to a $10.8 million settlement between former Jackson Hewitt Inc. workers and the tax preparation firm over claims the company's franchisees entered into an anti-competitive no-poach agreement despite the provision being removed from the company's franchise agreements.

  • November 26, 2024

    Miss. Judge Stays DOL's H-2A Protections Nationwide

    A Mississippi federal judge issued a nationwide stay of amendments to a U.S. Department of Labor rule providing protections for H-2A migrant farmworkers who take part in organizing, finding federal immigration law doesn't give DOL the authority to give these workers the right to act collectively.

  • November 26, 2024

    Ohio Vaping Chain Worker Drops Proposed OT Class Action

    An Ohio vape shop worker has dropped her proposed class and collective action accusing her employer of making his employees work 60 to 100 hours per week but then not paying them overtime for their extra labor as required by the Fair Labor Standards Act.

  • November 26, 2024

    DraftKings Engineer Says Leave Request Led To Firing

    A former DraftKings engineer alleges the sports betting company fired him after he requested parental leave despite positive reviews, violating the Family and Medical Leave Act, according to a lawsuit removed to Massachusetts federal court.

  • November 26, 2024

    Texas Atty Sanctioned For Citing Bogus Cases After Using AI

    A Texas lawyer pursuing a wrongful termination lawsuit against Goodyear Tire & Rubber Co. has been sanctioned for submitting a brief that included citations to nonexistent cases generated by an artificial intelligence tool, a Texas federal judge ordered this week.

  • November 26, 2024

    California's Top Bank, Fintech Regulator To Exit At Year's End

    The top banking and fintech regulator for California is departing from the state's Department of Financial Protection and Innovation in a little more than a month, an agency spokesperson told Law360 on Tuesday.

  • November 26, 2024

    Ga. Law Firm Faces DQ Bid Over 'Hopeless' FCA Case Conflict

    The former employee of a tool company has called on a Georgia federal court to disqualify Smith Gilliam Williams & Miles PA and one of its attorneys from representing the company in his False Claims Act case because another firm attorney represented him in a domestic matter.

  • November 26, 2024

    Lawmaker-Turned-Judge Right Not To Recuse, Panel Says

    A New Jersey appellate panel has backed a state judge's decision not to recuse herself from a dependency case involving a law she sponsored in her previous role as a member of the New Jersey General Assembly, issuing a precedential ruling that the judge's knowledge of the law would not harm her ability to interpret it fairly.

  • November 26, 2024

    NJ Law Firm Hit With Whistleblower Suit From Fired Atty

    New Jersey law firm Post Polak PA has been hit with a state whistleblower lawsuit from a former associate alleging that she was fired over her handling of a public records case against Englewood Cliffs and her disagreements with the town mayor.

  • November 26, 2024

    Ex-Faegre Drinker Atty Files Disability Bias Suit

    Faegre Drinker Biddle & Reath LLP was hit with a disability discrimination lawsuit on Monday by a Denver attorney who says she was pushed out after seeking accommodations for hip problems.

  • November 26, 2024

    Ex-Regeneron Director Says FMLA Suit Should Stay In Court

    A former Regeneron Pharmaceuticals director asked a New York federal court not to toss her suit, saying she put forward sufficient details to back up her accusations that she was fired for lodging a complaint about her supervisor's abuse and requesting a flexible schedule to care for her daughter.

  • November 26, 2024

    Jackson Lewis Adds Attorney From FordHarrison In Tampa

    Jackson Lewis PC has expanded its counseling and litigation offerings in Florida with the addition of an attorney from FordHarrison LLP.

  • November 26, 2024

    Mass. AG Fines Burger King Franchises Over Labor Violations

    The operator of dozens of Burger King franchises in Massachusetts was hit with $2 million in citations for wage and child labor violations, the state attorney general's office announced Tuesday.

  • November 26, 2024

    Split 5th Circ. Backs NLRB's Finding On Worker's Firing

    A company that supplies staff to a food distributor violated federal labor law by firing a worker who went directly to the distributor with her wage concerns, a split Fifth Circuit found, upholding a National Labor Relations Board finding.

Expert Analysis

  • 5 Tips To Succeed In A Master Of Laws Program And Beyond

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    As lawyers and recent law school graduates begin their Master of Laws coursework across the country, they should keep a few pointers in mind to get the most out of their programs and kick-start successful careers in their practice areas, says Kelley Miller at Reed Smith.

  • NYC Wage Info Bill Highlights Rise In Pay Transparency Laws

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    With New York City the latest to mull requiring companies to annually report employee wage data, national employers should consider adapting their compliance practices to comply with increasingly common pay transparency and disclosure obligations at state and local levels, says Kelly Cardin at Littler Mendelson.

  • When Trauma Colors Testimony: How To Help Witnesses

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    As stress-related mental health issues continue to rise, trial attorneys must become familiar with a few key trauma-informed strategies to help witnesses get back on track — leaning in to the counselor aspect of their vocations, say Ava Hernández and Steve Wood at Courtroom Sciences.

  • Series

    Being An Opera Singer Made Me A Better Lawyer

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    My journey from the stage to the courtroom has shown that the skills I honed as an opera singer – punctuality, memorization, creativity and more – have all played a vital role in my success as an attorney, says Gerard D'Emilio at GableGotwals.

  • How Law Firms Can Avoid 'Collaboration Drag'

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    Law firm decision making can be stifled by “collaboration drag” — characterized by too many pointless meetings, too much peer feedback and too little dissent — but a few strategies can help stakeholders improve decision-making processes and build consensus, says Steve Groom at Miles Mediation.

  • Workday AI Bias Suit Suggests Hiring Lessons For Employers

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    As state laws and a federal agency increasingly focus on employment bias introduced by artificial intelligence systems, a California federal court's recent decision to allow a discrimination suit to proceed against Workday's AI-driven recruitment software, shows companies should promptly assess these tools' risks, say attorneys at Williams & Connolly.

  • When The Supreme Court Gives You Lemons, Make Lemonade

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    Instead of grousing about the U.S. Supreme Court’s recent decisions overturning long-standing precedents, attorneys should look to history for examples of how enterprising legal minds molded difficult decisions to their advantage, and figure out how to work with the cards they’ve been dealt, says Reuben Guttman at Guttman Buschner.

  • What BIPA Reform Law Means For Biometrics Litigation

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    A recently signed Illinois law amending the Biometric Information Privacy Act limits defendants' liability exposure on a per-scan basis and clarifies that electronic signatures constitute a valid written release, establishing additional issues that courts will need to address in future BIPA litigation, say attorneys at Faegre Drinker.

  • How Anti-DEI Bill Could Affect Employers' Diversity Efforts

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    Sen. J.D. Vance's recently introduced Dismantle DEI Act would substantially limit employers’ ability to implement and promote workplace diversity, equity and inclusion, but there are still steps employers can take to support a diverse workforce, says Peter Ennis at Cozen O’Connor.

  • Opinion

    Proposed Law Would Harm NYC Hospitality Industry

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    A recently proposed New York City Law that would update hotel licensing and staff coverage requirements could give the city commissioner and unions undue control over the city's hospitality industry, and harm smaller hotels that cannot afford full-time employees, says Stuart Saft at Holland & Knight.

  • Opinion

    Litigation Funding Disclosure Key To Open, Impartial Process

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    Blanket investor and funding agreement disclosures should be required in all civil cases where the investor has a financial interest in the outcome in order to address issues ranging from potential conflicts of interest to national security concerns, says Bob Goodlatte, former U.S. House Representative for Virginia.

  • Comparing 5 Administrators' Mass Arbitration Procedures

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    Attorneys at DLA Piper compare the rules for mass arbitrations at five different arbitration providers — Judicial Arbitration and Mediation Services, American Arbitration Association, National Arbitration and Mediation, FedArb and New Era ADR — including their triggers, claim screening procedures, how and when they assess fees, and more.

  • What NFL Draft Picks Have In Common With Lateral Law Hires

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    Nearly half of law firm lateral hires leave within a few years — a failure rate that is strikingly similar to the performance of NFL quarterbacks drafted in the first round — in part because evaluators focus too heavily on quantifiable metrics and not enough on a prospect's character traits, says Howard Rosenberg at Baretz+Brunelle.

  • Calif. Ruling Clarifying Paystub Compliance Is Win For Cos.

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    In rare good news for California employers, the state Supreme Court recently clarified that workers couldn’t win extra penalties in wage and hour cases by claiming their employer intentionally violated state paystub law if the employer believed it had complied in good faith, say Drei Munar and Kirk Hornbeck at Hunton.

  • Considering Noncompete Strategies After Blocked FTC Ban

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    A Texas district court's recent decision in Ryan v. Federal Trade Commission to set aside the new FTC rule banning noncompetes does away with some immediate compliance obligations, but employers should still review strategies, attend to changes to state laws and monitor ongoing challenges, say attorneys at Baker McKenzie.

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