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Employment
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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."
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August 06, 2024
Dem Lawmakers Back FTC's Kroger-Albertsons Challenge
A group of Democratic lawmakers is supporting the Federal Trade Commission in its suit to block Kroger's $25 billion acquisition of Albertsons, telling an Oregon federal judge in a friend-of-the-court brief that the agency's fears the deal would harm grocery workers and consumers are well-founded.
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August 06, 2024
Ex-Honeycomb Manager Wants Benefits Case Reopened
Attorneys for a former Savannah Bee Co. honeycomb manager urged the Georgia Court of Appeals on Tuesday to reverse the Georgia Department of Labor's decision to deny her unemployment benefits on the grounds that her appeal was not timely, arguing circumstances caused her to file late with "good cause."
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August 06, 2024
NC Farming Business Wants H-2A Forced Labor Claims Cut
Farming companies accused of human trafficking, forced labor and underpaying H-2A foreign temporary workers have urged a Virginia federal judge to dismiss the workers' suit, saying they failed to show the companies brought them to the U.S. for "involuntary servitude."
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August 06, 2024
10th Circ. Says Union Contract Legally Imposed On Okla. Co.
An Oklahoma electric company must accept the successor contract imposed on it by an arbitration board, the Tenth Circuit said Tuesday, upholding an Oklahoma federal court's decision that the pact between Brent Electric Co. and an International Brotherhood of Electrical Workers local was imposed lawfully.
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August 06, 2024
Ga. Healthcare Co. Seeks Toss Of Ex-Manager's Bias Suit
Georgia-based medical provider Premise Health has asked a federal judge to dismiss a former nurse's race and pregnancy bias suit, saying she was canned because of her "egregious" violations of COVID-19 safety protocols rather than her desire to pump breast milk on the job.
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August 06, 2024
Home Depot Hired Cops To Target Migrants, Suit Says
A union representing Latino workers sued the city of Chicago and Home Depot in Illinois federal court Tuesday, alleging that city police officers moonlighting as store security subjected migrants seeking day labor work near the home improvement store to excessive force and racist insults in violation of their civil rights.
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August 06, 2024
Truckers Association Challenges AB 5 At 9th Circ.
A trade association representing small trucking businesses told the Ninth Circuit that California's classification test in Assembly Bill 5 will obliterate the lease owner-operator system, urging the panel to flip a federal court's decision keeping the law running.
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August 06, 2024
Woman Drops Sex Abuse Suit Against Ex-NFL Player In Colo.
The former controller for a former NFL player's reptile shipping business has, for now, dropped her lawsuit claiming the ex-linebacker sexually abused her at work and fired her after his wife discovered the conduct, apparently accepting the court's condition that she pay the player's costs and certain attorney fees.
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August 06, 2024
NJ Firm Wants Sanctions In Dispute With Ex-Employees
Davis Saperstein & Salomon PC said eight former employees and the attorney representing them should be sanctioned for filing a pair of lawsuits in New Jersey state court alleging the firm violated wage and discrimination laws.
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August 06, 2024
Defense Contractor Wants Maynard Nexsen DQed In Bias Case
Defense contractor Parsons Corp. urged an Alabama federal judge to disqualify Maynard Nexsen PC from representing a former engineer in his unlawful termination case against the company, saying the firm was also representing Parsons when he filed his case.
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August 06, 2024
NC Software Execs Can't Unravel Payroll Tax Fraud Conviction
Two former software executives found guilty of failing to pay over $600,000 in employment taxes failed to clear a steep hurdle in trying to reverse their convictions, a North Carolina federal judge said in rejecting their bid for acquittal or a new trial.
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August 06, 2024
Harvard Can't Ax Claim It 'Failed' Jewish Students, Judge Says
Harvard University will have to face a federal civil rights complaint alleging it turned a blind eye to antisemitic intimidation of Jewish students in the wake of Hamas' terror attack on Israel, a Boston federal judge said Tuesday.
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August 06, 2024
MoneyGram To Settle Fired Worker's FMLA Retaliation Suit
MoneyGram has agreed to settle a former employee's suit claiming she was fired for taking medical leave to treat a stomach illness, according to a Texas federal court filing.
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August 05, 2024
Manufacturer Can't Get Coverage For BIPA Class Action
An Illinois federal judge awarded a win to an insurer Monday in a suit over coverage of underlying Biometric Information Privacy Act litigation, finding a contractual exclusion prevented coverage for a machine and plastics manufacturer accused of failing to secure employee data.
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August 05, 2024
Trucking Co. Moves To Nix DOL Independent Contractor Rule
A trucking company that regularly hires owner-operator truck drivers has urged a New Mexico federal judge to vacate a new U.S. Department of Labor rule for classifying independent contractors, arguing in a motion for summary judgment that the rule makes classifying workers more confusing.
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August 05, 2024
Colo. Farm Can't Stymie In-Person Depositions In EEOC Suit
A Colorado hog farm can't force the U.S. Equal Employment Opportunity Commission to conduct remote depositions in its lawsuit alleging the farm ignored harassment of female workers, a federal judge ruled Monday, saying the employer hadn't shown that in-person testimony would be a hardship.
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August 05, 2024
BofA Can't Get 4th Circ. To Look At Collective Cert. Process
A collective of mortgage loan officers seeking unpaid overtime won't land in front of the Fourth Circuit, a North Carolina federal judge ruled Monday, turning down Bank of America's bid to sort out which method to use for certifying collectives.
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August 05, 2024
FTC Looks To End Noncompete Ban Challenge In Texas
The Federal Trade Commission defended its noncompete ban to a Texas federal judge, arguing in a new motion for summary judgment that its rule is well within the bounds of the FTC Act's plain language.
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August 05, 2024
SpaceX Asks 5th Circ. To Block Transfer Of NLRB Challenge
SpaceX asked the Fifth Circuit on Monday to step in after a Texas federal judge ordered its challenge to the constitutionality of the National Labor Relations Board transferred to California, saying the appeals court should either vacate the order or pause it until the court can rule on the company's injunction request.
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August 05, 2024
BCBS Asks 9th Circ. To Undo Trans Patients' Win In Bias Suit
Blue Cross Blue Shield of Illinois urged the Ninth Circuit to reverse summary judgment in favor of trans patients who argued its exclusions for gender-affirming treatments violated the Affordable Care Act's anti-discrimination mandate, arguing Friday it is a third-party administrator that didn't design the exclusion nor exercised any control over it.
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August 05, 2024
Insurer Must Face Pa. Trans Firefighter's Surgery Claim
A Pennsylvania federal judge has refused to toss a suit from a transgender Philadelphia firefighter suing Independence Blue Cross for discrimination over the insurer's denial of coverage for facial feminization surgery, finding that claims under federal healthcare law could proceed, but not the Title VII claims.
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August 05, 2024
Migrant Farmworker Contractor Must Face Trafficking Claims
A Michigan federal judge has declined to dismiss claims from migrant farm laborers against a recruitment agency for human trafficking and seizing the passports of workers it brought to the U.S. through the H-2A program, saying the case should go to trial.
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August 05, 2024
Pegasystems Slams Appian's 'Animus' After $2B Verdict Axed
Business software maker Pegasystems says rival Appian's "animus" is behind a series of what it says are irrelevant, premature and burdensome discovery requests, after a Virginia appeals court vacated a $2 billion trade secrets judgment against Pegasystems.
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August 05, 2024
BIPA Reform Becomes Law, But Damages Concerns Persist
The Illinois Legislature heeded a call from the state's Supreme Court to shield business from potentially ruinous damages under the Illinois Biometric Information Privacy Act, but lawyers say the new protections can still leave large employers facing hefty verdicts.
Expert Analysis
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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.
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Big Business May Come To Rue The Post-Administrative State
Many have framed the U.S. Supreme Court’s recent decisions overturning Chevron deference and extending the window to challenge regulations as big wins for big business, but sand in the gears of agency rulemaking may be a double-edged sword, creating prolonged uncertainty that impedes businesses’ ability to plan for the future, says Todd Baker at Columbia University.
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A Midyear Forecast: Tailwinds Expected For Atty Hourly Rates
Hourly rates for partners, associates and support staff continued to rise in the first half of this year, and this growth shows no signs of slowing for the rest of 2024 and into next year, driven in part by the return of mergers and acquisitions and the widespread adoption of artificial intelligence, says Chuck Chandler at Valeo Partners.
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A Timeline Of Antisemitism Legislation And What It Means
What began as hearings in the House of Representatives Committee on Education and the Workforce has expanded to a House-wide effort to combat antisemitism and related issues, with wide-ranging implications for education, finance and nonprofit entities, say attorneys at Morgan Lewis.
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Opinion
States Should Loosen Law Firm Ownership Restrictions
Despite growing buzz, normalized nonlawyer ownership of law firms is a distant prospect, so the legal community should focus first on liberalizing state restrictions on attorney and firm purchases of practices, which would bolster succession planning and improve access to justice, says Michael Di Gennaro at The Law Practice Exchange.