Employment

  • September 13, 2024

    Carer Accused Of Fraud Wins £26K Over Forced Resignation

    A carer whose employer accused her of falsely filling in her timesheets has won more than £26,000 ($34,000) as a tribunal found that her boss refused to retract the allegations despite agreeing to extend her hours to cover travel time.

  • September 13, 2024

    Retraining Offer No Reason For NCA Investigator To Quit

    A National Crime Agency investigator who quit his job a day after he was offered the opportunity to regain his official accreditation has lost his claim that he was forced to resign.

  • September 12, 2024

    Southwest Leave Penalty Suit Cleared For Class Treatment

    A California judge gave her blessing Thursday to a class action accusing Southwest Airlines Co. of penalizing flight attendants who take family or medical leave, letting the suit move ahead on behalf of thousands of workers.

  • September 12, 2024

    6th Circ. Says Food Transporter Illegally Shuttered Warehouse

    A bulk food delivery contractor for grocery giant Kroger violated federal labor law when it closed its Louisville, Kentucky, terminal after a union representation election and fired employees, the Sixth Circuit has ruled, upholding a National Labor Relations Board decision.

  • September 12, 2024

    Ex-DHL Supply Worker Says Pregnancy Met With Hostility

    A former DHL Supply Chain worker's pregnancy led to hostility, not help, from supervisors who refused to accommodate her and made her work in an area called the cage before she eventually quit out of concern for her unborn child, she told a Pennsylvania federal court.

  • September 12, 2024

    US Sanctions Cambodian Tycoon For Forced Labor Scam

    A prominent Cambodian businessman and his business entities were hit with sanctions from the Treasury Department for their role in human rights abuses related to forced labor and human trafficking, the department announced Thursday.

  • September 12, 2024

    DOL Has Authority To Issue Salary Regs, 5th Circ. Affirms

    The U.S. Department of Labor has the authority to issue salary rules as part of its role in defining the overtime exemptions of the Fair Labor Standards Act, the Fifth Circuit affirmed, in a case that raised questions about the DOL's power to regulate a fundamental aspect of wage and hour law.

  • September 12, 2024

    9th Circ. Sends Salary Basis Case Back To Lower Court

    San Francisco city nurses claiming they were not paid a true salary and are therefore entitled to overtime pay will have their day in court after the Ninth Circuit reversed a lower court's summary judgment and remanded the case for further proceedings.

  • September 12, 2024

    King & Spalding Adds Former Kirkland Partner In Atlanta

    King & Spalding LLP said Thursday the firm had bolstered its ranks in Atlanta by bringing on a lawyer from Kirkland & Ellis LLP who specializes in the executive compensation and employee benefits aspects of corporate transactions.

  • September 12, 2024

    Ex-Bojangles Workers Get OT Collective Cert, But Just In NC

    A North Carolina federal judge has ruled that former assistant Bojangles managers claiming they were wrongfully denied overtime pay have shown they are similarly situated, but that they haven't justified certification of a Fair Labor Standards Act collective action with a geographic scope beyond the Tar Heel State.

  • September 12, 2024

    White Cop Passed Over For Chief's Job Sees Bias Suit Tossed

    A New Jersey federal judge threw out a lawsuit from a white police officer who said he faced race discrimination when he was passed over for a chief's job in favor of a colleague who is Palestinian and Muslim, saying his allegations weren't adequate to sustain his bias claim.

  • September 12, 2024

    Disneyland Performers Can Join Colleagues In Existing Union

    Certain Disneyland performers can have the opportunity to vote to join an existing bargaining unit, the National Labor Relations Board ruled, overturning an NLRB judge's decision that they didn't share enough in common with existing members of the union to be part of their unit.

  • September 12, 2024

    Medline Can't Force Arbitration In Transportation Wage Suit

    Medical supply giant Medline can't compel a warehouse employee to arbitrate her wage-and-hour claims, the Ninth Circuit ruled, upholding a lower court's decision that she's exempted under the interstate-commerce exemption of the Federal Arbitration Act because she loads goods that cross state lines.

  • September 12, 2024

    Wilson Sonsini Hires Tax Pro From Slaughter and May

    Wilson Sonsini Goodrich & Rosati PC has recruited a tax specialist from Slaughter and May to its office in London to boost its strengths representing U.K. and European technology and life sciences companies that are expanding in the U.S. and globally.

  • September 12, 2024

    Employment Firm GQ Littler Hires Pro From Baker McKenzie

    GQ Littler has hired a long-serving employment lawyer at Baker McKenzie to its office in London to represent U.K. and international clients, particularly in the financial services, technology and media sectors.

  • September 12, 2024

    Ex-Mass. State Sen. Tran Convicted Of Pandemic Aid Fraud

    Former Massachusetts State Sen. Dean Tran was convicted Wednesday of fraudulently collecting pandemic unemployment benefits after he was voted out of office and of cheating on his taxes.

  • September 12, 2024

    Ex-CBA Chief Jo Sidhu KC Accused Of Sexual Harrassment

    A former chair of the Criminal Bar Association is reportedly facing allegations of sexual harassment before a professional tribunal.

  • September 12, 2024

    BNP Paribas Attempts To Prune London Banker's Claim

    BNP Paribas attempted to trim a manager's claim at a London employment tribunal on Thursday, arguing that the employee had taken a "kitchen sink approach" by adding excessive legal claims onto some of her allegations.

  • September 12, 2024

    Slater & Gordon Beats Former Analyst's Redundancy Appeal

    Slater & Gordon has defeated a cost analyst's appeal against the firm's decision to make him redundant, persuading a London judge on Thursday that a lower tribunal did not botch its investigation into the factors leading to his dismissal.

  • September 12, 2024

    UK Gov't Warned Over Pension Tax Changes In Budget

    A trade body for actuaries said on Thursday that the government should consult widely and take time to implement any reform to pension taxation as it joins a growing number of organizations urging caution over potential tax changes ahead of the upcoming Budget.

  • September 12, 2024

    Tesco Ruling Puts Employers On Notice: Keep Your Promises

    A rare injunction issued by the U.K. Supreme Court on Thursday is a warning to employers to stick to what they promised in a contract — but lawyers say it does not prevent bosses from firing staff and rehiring them on worse terms.

  • September 12, 2024

    Lloyd's To Overhaul Rules In Crackdown On Misconduct

    Lloyd's of London on Thursday floated new rules to tackle non-financial misconduct after the specialist insurance market suffered reputational damage from accusations of misogyny and bullying.

  • September 12, 2024

    EEOC Slaps 2 Companies With ADA Suits Over Firings

    A plastic packaging company unlawfully fired a worker who took time off to deal with depression, and a healthcare facilities support provider broke the law by terminating a blind worker, the U.S. Equal Employment Opportunity Commission said in a pair of new suits.

  • September 12, 2024

    Barrister Cleared Of Misconduct Over Touching Paralegal

    A One Essex Court barrister accused of touching a paralegal's thigh during a dinner has been cleared of misconduct, as a tribunal found on Thursday that he genuinely believed he was reciprocating her flirtation.

  • September 12, 2024

    Weinstein Hit With New Charges In NY Ahead Of Retrial

    Harvey Weinstein was charged in a new indictment Thursday as Manhattan prosecutors prepare to retry the disgraced Hollywood mogul after his previous sex-crimes conviction was overturned.

Expert Analysis

  • Why DOJ's Whistleblower Program May Have Limited Impact

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    The U.S. Department of Justice’s new whistleblower pilot program aims to incentivize individuals to report corporate misconduct, but the program's effectiveness may be undercut by its differences from other federal agencies’ whistleblower programs and its interplay with other DOJ policies, say attorneys at Milbank.

  • CFPB's Earned Wage Access Rule Marks Regulatory Shift

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    The Consumer Financial Protection Bureau's newly issued interpretive rule on earned wage access products, classifying them as extensions of credit, marks a significant shift in their regulatory landscape and raises some important questions regarding potential fringe cases and legal challenges, say Erin Bryan and Courina Yulisa at Dorsey & Whitney.

  • How Calif. Justices' Prop 22 Ruling Affects The Gig Industry

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    The California Supreme Court's recent upholding of Proposition 22 clarifies that Uber, Lyft, DoorDash and other companies in the gig industry can legally classify their drivers as independent contractors, but it falls short of concluding some important regulatory battles in the state, says Mark Spring at CDF Labor.

  • Takeaways From Virginia's $2B Trade Secrets Verdict Reversal

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    The Virginia Court of Appeals' recent reversal of the $2 billion damages award in Pegasystems v. Appian underscores the claimant's burden to show damages causation and highlights how an evidentiary ruling could lead to reversible error, say John Lanham and Kamran Jamil at Morrison Foerster.

  • How Justices Upended The Administrative Procedure Act

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    In its recent Loper Bright, Corner Post and Jarkesy decisions, the U.S. Supreme Court fundamentally changed the Administrative Procedure Act in ways that undermine Congress and the executive branch, shift power to the judiciary, curtail public and business input, and create great uncertainty, say Alene Taber and Beth Hummer at Hanson Bridgett.

  • Employers Face Uncertainty After Calif. Justices' Slur Ruling

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    In Bailey v. San Francisco District Attorney's Office, the California Supreme Court recently ruled that a singular use of a racial slur may be sufficiently severe to support a hostile work environment claim, leaving employers to speculate about what sort of comments or conduct will meet this new standard going forward, says Stephanie Roeser at Manatt.

  • 9th Circ. Ruling Flags Work Harassment Risks Of Social Media

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    The recent Ninth Circuit ruling in Okonowsky v. Garland, holding an employer could be liable for a co-worker's harassing social media posts, highlights new challenges in technology-centered and remote workplaces, and underscores an employer's obligation to prevent hostile environments wherever their employees clock in, say Jennifer Lada and Phillip Schreiber at Holland & Knight.

  • 2 Vital Trial Principles Endure Amid Tech Advances

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    Progress in trial technologies in the last 10 years has been transformative for courtroom presentations, but two core communication axioms are still relevant in today's world of drone footage evidence and 3D animations, say Adam Bloomberg and Lisa Walters at IMS Legal Strategies.

  • Key Steps To Employer Petitions For Union Elections

    Excerpt from Practical Guidance
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    Since the National Labor Relations Board shifted the burden of requesting formal union elections onto employers in its Cemex decision last year — and raised the stakes for employer missteps during the process — companies should be prepared to correctly file representation management election petitions and respond to union demands for recognition, says Adam Keating at Duane Morris.

  • Viral Layoffs: How Cos. Can Avoid Bad Social Media Exposure

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    A recent trend of employees using social media to document their experiences with layoffs and disciplinary actions in the workplace should prompt employers to take additional precautions to avoid former workers' negative viral reviews when deciding how, when and what to communicate to employees, say Scott McIntyre and Chrissy Kennedy at BakerHostetler.

  • Mirror, Mirror On The Wall, Is My Counterclaim Bound To Fall?

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    A Pennsylvania federal court’s recent dismissal of the defendants’ counterclaims in Morgan v. Noss should remind attorneys to avoid the temptation to repackage a claim’s facts and law into a mirror-image counterclaim, as this approach will often result in a waste of time and resources, says Matthew Selmasska at Kaufman Dolowich.

  • 6 Factors That Can Make For A 'Nuclear' Juror

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    Drawing from recent research that examines the rise in nuclear verdicts, Ken Broda-Bahm at Persuasion Strategies identifies a few juror characteristics most likely to matter in assessing case risk and preparing for jury selection — some of which are long-known, and others that are emerging post-pandemic.

  • Series

    Playing Dungeons & Dragons Makes Me A Better Lawyer

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    Playing Dungeons & Dragons – a tabletop role-playing game – helped pave the way for my legal career by providing me with foundational skills such as persuasion and team building, says Derrick Carman at Robins Kaplan.

  • Illinois BIPA Reform Offers Welcome Relief To Businesses

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    Illinois' recent amendment to its Biometric Information Privacy Act limits the number of violations and damages a plaintiff can claim — a crucial step in shielding businesses from unintended legal consequences, including litigation risk and compliance costs, say attorneys at Taft.

  • 3 Notes For Arbitration Agreements After Calif. Ruling

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    After last month's California Supreme Court decision in Ramirez v. Charter Communications invalidated several arbitration clauses in the company's employee contracts as unconscionable, companies should ensure their own arbitration agreements steer clear of three major pitfalls identified by the court, say attorneys at Cooley.

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