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Employment
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October 25, 2024
Premera Rejection Seems Sparse, 9th Circ. Judges Say
A Ninth Circuit judge pressed Premera Blue Cross on Friday to defend refusing coverage for a Washington teen's lengthy mental health residential treatment, questioning if the insurer engaged in a meaningful dialogue as required with the youth's family in letters explaining why the treatment was medically unnecessary.
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October 25, 2024
Lyft To Pay $2.1M FTC Fine Over Driver Earnings Claims
Lyft Inc. will pay $2.1 million and clarify its claims about driver pay in order to settle allegations from the Federal Trade Commission that the ride-hailing company made deceptive statements about what drivers could expect to earn hourly and through special incentives, according to a Friday announcement from the agency.
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October 25, 2024
Wrongful Firing Suit Alleges Clippers Mishandled Star's Health
A former trainer for the NBA's Los Angeles Clippers has filed a wrongful termination suit in California state court against the team, alleging he was fired after raising concerns about the health of star forward Kawhi Leonard.
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October 25, 2024
Off The Bench: Toss-Up For Ohtani Ball, UFC Fighters' Payday
In this week's Off The Bench, the three claimants to a historic baseball now know how much is at stake for the winner, a long fight against wage suppression for mixed martial arts fighters is a step closer to ending, and WNBA players want a bigger piece of a growing revenue pie.
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October 25, 2024
Mass. Panel Flips Teacher's Tenure Denial Over Family Leave
Massachusetts' intermediate-level appeals court on Friday invalidated an arbitrator's denial of tenure to a teacher who took maternity leave during one of her first three years of teaching, ruling that the decision had wrongly penalized her for taking the protected time away from work.
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October 25, 2024
Ga. Woman Gets 12 Years For $30M COVID Fraud Scheme
A Georgia woman was sentenced to 12 years in prison Thursday for her role in filing more than 5,000 fraudulent COVID-19 unemployment insurance claims with the Georgia Department of Labor, which resulted in at least $30 million in stolen benefits.
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October 25, 2024
Ex-Abercrombie CEO Pleads Not Guilty, Gets $10M Home Bail
Former Abercrombie & Fitch CEO Michael Jeffries pled not guilty on Friday to charges of operating a sex trafficking and prostitution ring that preyed on male models, and was released to home confinement on a $10 million bond.
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October 25, 2024
Amazon Presses Drivers To Hand Over Docs, Info In Wage Suit
Amazon said that 17 named plaintiffs in an eight-year suit accusing the online retail giant of misclassifying drivers as independent contractors failed to meet discovery demands, urging a Washington federal judge to order them to fulfill the requests within 10 days.
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October 25, 2024
Ex-Worker Says Circle K Failed To Provide OT, Breaks
Convenience store company Circle K failed to pay workers overtime wages and provide them with meal and rest periods, the workers alleged Friday in California state court.
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October 25, 2024
Spirit Airlines Eyes $80M In Cost Cuts Amid New Deal Rumor
Spirit Airlines will implement layoffs as part of a plan to cut roughly $80 million in costs and has agreed to sell 23 Airbus aircraft to GA Telesis for about $519 million, disclosing the measures as the company is said to be in renewed talks to potentially sell itself to Frontier Airlines.
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October 25, 2024
Maritime Unions Tell EPA To Reject Calif. Workboat Rule
Three maritime labor unions and a tugboat trade association called on U.S. Environmental Protection Agency Administrator Michael Regan to deny California's request for a Clean Air Act waiver to enforce its rule mandating the installation of diesel particulate filter technology on workboats.
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October 25, 2024
Bimbo Fired 72-Year-Old 1 Year Before Retirement, Suit Says
A longtime employee of Bimbo Bakeries USA filed a federal age discrimination lawsuit against his former employer Wednesday claiming that the company forced him out of his job just over a year before he was scheduled to retire, over bogus allegations that he stole company time.
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October 25, 2024
EEOC Says Restaurant Allowed Misgendering Of Trans Worker
A Michigan fast food franchisee failed to stop workers from misgendering a transgender employee and fired several people who spoke up against the harassment, the U.S. Equal Employment Opportunity Commission said in a suit filed Friday.
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October 25, 2024
Ex-Paralegal Hits Wells Fargo With Disability Bias Suit
A former paralegal for Wells Fargo Bank NA hit her former employer with a discrimination suit alleging that she faced bias and was eventually terminated because of her health issues.
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October 25, 2024
Ga. Court Admin Says Retaliation Suit Must Go Ahead In Full
A former Georgia municipal court administrator who said she was forced out of her position after reporting corruption by a city council member has asked a federal judge to preserve her suit in full, arguing a federal magistrate misapplied a sexual harassment standard to what was better characterized as retaliation claims.
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October 25, 2024
UK Litigation Roundup: Here's What You Missed In London
This past week in London has seen the Competition and Markets Authority take action against a mattress retailer after it was caught pressuring its customers with misleading discounts, Lenovo and Motorola target ZTE Corporation with a patents claim, Lloyds Bank hit by another claim relating to the collapse of Arena Television and U.K. tax authority HMRC sued by the director of an electronics company that evaded millions of pounds in VAT. Here, Law360 looks at these and other new claims in the U.K.
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October 25, 2024
9th Circ. Says Muldrow Reopens Asian Worker's Bias Suit
The Ninth Circuit revived a former supply chain manager's lawsuit alleging she was demoted because she's Asian American, saying a lower court should take another look at the case based on a recent U.S. Supreme Court decision clarifying the standard for workplace discrimination claims.
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October 25, 2024
NCAA Creating Cloudy Future As It Clings To Control
Experts speaking at a symposium from Temple University's Beasley School of Law in Philadelphia drove home the point that the NCAA's multibillion-dollar court settlement providing damages and revenue to past and future college athletes falls far short of settling the remaining challenges to its control of college sports.
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October 25, 2024
North Carolina Merchandiser Settles FLSA Suit Over OT Pay
A field service representative and the retail support provider he sued claiming unpaid overtime told a North Carolina federal court that they settled a Fair Labor Standards Act collective suit.
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October 25, 2024
EEOC Gets $110K Default Win In Fired Atty's Retaliation Suit
A government contractor has been ordered to pay its former attorney more than $110,000 in back pay, interest and compensatory damages after a Maryland federal judge found the contractor's CEO retaliated against the lawyer after she turned down his sexual advances.
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October 24, 2024
'Jeopardy!' Workers Lodge Race, Gender Bias Claims
A Black production executive and her Latina colleague with decades of experience working on "Jeopardy!" and "Wheel of Fortune" have accused Sony Pictures Entertainment of race, gender and age discrimination as well as retaliation, according to complaints filed with both the National Labor Relations Board and California's Civil Rights Department.
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October 24, 2024
FTC Official Doubts Election Will Deter Antitrust 'New Era'
The Federal Trade Commission's Bureau of Competition director defended the agency's new guidelines and its track record during a wide-ranging discussion at the 34th annual Golden State Institute on Thursday, and he expressed confidence that whichever presidential candidate wins, a new administration won't deter this "new era" of FTC antitrust enforcement actions.
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October 24, 2024
Calif. Chili's Workers Fight Uphill For Meal Break Class Cert.
A California federal judge considering class certification for nearly 1,300 Chili's employees, who are accusing the owner of their restaurants of not providing meal breaks, said Thursday that individualized questions about whether workers were coerced into asserting they voluntarily skipped their break could doom their bid.
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October 24, 2024
CFPB Cautions Over 'Unchecked Surveillance' Of Workers
The Consumer Financial Protection Bureau said Thursday it is taking action to protect consumers from "unchecked surveillance" in the labor force, issuing guidance that warns companies to get consent from workers when using algorithmic hiring scores or other outside profiling data for employment purposes.
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October 24, 2024
NYC Council Passes Bill Requiring Hotel Licenses
The New York City Council passed a bill Wednesday that requires hotel operators to be licensed with the government in order to do business in the city.
Expert Analysis
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How The Tide Of EEOC Litigation Rolled Back In FY 2024
An analysis of the location, timing and underlying claims asserted in U.S. Equal Employment Opportunity Commission-initiated cases during fiscal year 2024 shows that the commission saw a substantial decrease in litigation activity after a surge last year, but employers should not drop their guard, say Christopher DeGroff and Andrew Scroggins at Seyfarth.
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Series
Collecting Art Makes Me A Better Lawyer
The therapeutic aspects of appreciating and collecting art improve my legal practice by enhancing my observation skills, empathy, creativity and cultural awareness, says attorney Michael McCready.
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Using Primacy And Recency Effects In Opening Statements
By understanding and strategically employing the primacy and recency effects in opening statements, attorneys can significantly enhance their persuasive impact, ensuring that their narrative is both compelling and memorable from the outset, says Bill Kanasky at Courtroom Sciences.
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Secret Service Failures Offer Lessons For Private Sector GCs
The Secret Service’s problematic response to two assassination attempts against former President Donald Trump this summer provides a crash course for general counsel on how not to handle crisis communications, says Keith Nahigian at Nahigian Strategies.
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A Primer On Navigating The Conrad 30 Immigration Program
As the Conrad 30 program opens its annual window to help place immigrant physicians in medically underserved areas, employers and physicians engaged in the process must carefully understand the program's nuanced requirements, say Andrew Desposito and Greg Berk at Sheppard Mullin.
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How Cos. Can Protect Supply Chains During The Port Strike
With dock workers at ports along the East and Gulf Coasts launching a strike that will likely cause severe supply chain disruptions, there are several steps exporters and importers can take to protect their businesses and mitigate increased costs, say attorneys at Thompson Hine.
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Litigation Inspiration: Honoring Your Learned Profession
About 30,000 people who took the bar exam in July will learn they passed this fall, marking a fitting time for all attorneys to remember that they are members in a specialty club of learned professionals — and the more they can keep this in mind, the more benefits they will see, says Bennett Rawicki at Hilgers Graben.
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4 Ways To Prepare For DOD Cyber Certification Rule
Given the U.S. Department of Justice's increased scrutiny of contractor compliance with cybersecurity requirements, it is critical that contractors take certain steps now in response to the U.S. Department of Defense's proposed Cybersecurity Maturity Model Certification implementation rule, say Townsend Bourne and Lillia Damalouji at Sheppard Mullin.
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Opinion
AI May Limit Key Learning Opportunities For Young Attorneys
The thing that’s so powerful about artificial intelligence is also what’s most scary about it — its ability to detect patterns may curtail young attorneys’ chance to practice the lower-level work of managing cases, preventing them from ever honing the pattern recognition skills that undergird creative lawyering, says Sarah Murray at Trialcraft.
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Key Takeaways From DOJ's New Corp. Compliance Guidance
The U.S. Department of Justice’s updated guidance to federal prosecutors on evaluating corporate compliance programs addresses how entities manage new technology-related risks and expands on preexisting policies, providing key insights for companies about increasing regulatory expectations, say attorneys at Debevoise.
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The Key Changes In Revised FDIC Hiring Regulations
Attorneys at Ogletree break down the Federal Deposit Insurance Corp.'s new rule, effective Oct. 1, that will ease restrictions on financial institutions hiring employees with criminal histories, amend the FDIC's treatment of minor offenses and clarify its stance on expunged or dismissed criminal records.
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Class Actions At The Circuit Courts: September Lessons
In this month's review of class action appeals, Mitchell Engel at Shook Hardy identifies practice tips from four recent class certification rulings involving denial of Medicare reimbursements, automobile insurance disputes, veterans' rights and automobile defects.
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How Lucia, Jarkesy Could Affect Grocery Merger Challenge
While the Federal Trade Commission is taking a dual federal court and administrative tribunal approach to block Kroger's merger with Alberstons, Kroger's long-shot unconstitutionality claims could potentially lead to a reevaluation of the FTC's reliance on administrative processes in complex merger cases, say attorneys at Saul Ewing.
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6 Tips For Trying Cases Away From Home
Excerpt from Practical Guidance
A truly national litigation practice, by definition, often requires trying cases in jurisdictions across the country, which presents unique challenges that require methodical preparation and coordination both within the trial team and externally, say Edward Bennett and Suzanne Salgado at Williams & Connolly.
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How NLRB Memo Balances Schools' Labor, Privacy Concerns
Natale DiNatale at Robinson & Cole highlights the recent National Labor Relations Board advice memorandum that aims to help colleges reconcile competing obligations under the National Labor Relations Act and the Family Educational Rights and Privacy Act as university students flock toward unionization.