Employment

  • August 30, 2024

    Off The Bench: NFL Lets PE In, Ex-NBA Pro Denies Agent Deal

    In this week’s Off The Bench, the NFL shakes up its ownership rules and joins the rest of the pro sports world, while a former NBA player says his agency is trying to cling to him after he moved on. In case you were sidelined this week, Law360 is here to catch you up on the sports and betting stories that had our readers talking.

  • August 30, 2024

    7th Circ. Will Look At 2-Step Cert. In Eli Lilly Age Bias Suit

    The Seventh Circuit said it would take up a midsuit appeal from Eli Lilly challenging a lower court's ruling granting collective certification to a sales representative in her age discrimination lawsuit, backpedaling from an order in July that declined to take up the dispute because of its incomplete record.

  • August 30, 2024

    Georgia Judge Won't Undo Block Of H-2A Farmworker Rule

    A Georgia federal judge denied the U.S. Department of Labor's request to reconsider a preliminary injunction blocking a new rule aimed at improving pay and conditions for foreign farmworkers, ruling that its arguments to have the order more narrowly tailored were "far too little too late."

  • August 30, 2024

    Staples Latest To Face Suit Over Job-Seeker Polygraph Notice

    A Massachusetts man applying for jobs with Staples Inc. filed a proposed class action alleging the company violated a state law that requires companies to notify candidates that the use of lie detectors is banned for hiring decisions, the latest such case targeting a major Bay State employer.

  • August 30, 2024

    Inaccurate TransUnion Report Ended Job Chances, Suit Says

    A TransUnion unit that sells background checks was hit with a federal lawsuit in Texas accusing it of wrecking an applicant's employment prospects at Chick-fil-A by incorrectly reporting he had misdemeanor convictions for cannabis possession.

  • August 29, 2024

    DOL, Miss. Fishery Reach Deal To End Suit Over Wage Probe

    The U.S. Department of Labor and a Mississippi fishery asked a federal judge on Thursday to sign off on a settlement in a suit accusing the fishery of interfering with a DOL wage investigation by threatening to physically harm workers and have them deported if they cooperated, referring to the claims in the deal as a "misunderstanding."

  • August 29, 2024

    Pa. Justices To Examine Axing Of 'Red Book' Drug Pricing

    The Supreme Court of Pennsylvania has agreed to review a decision tossing the "Red Book" pricing values used by the state's Bureau of Workers' Compensation to calculate reimbursement for prescription drug costs.

  • August 29, 2024

    Airline Ducks Liquidated Damages In Military Leave Suit

    A class of pilots accusing American Airlines of violating the Uniformed Services Employment and Reemployment Rights Act of 1994 by denying pay for time spent on military leave can't seek liquidated damages, given a lack of evidence that the airline knew it was breaking the law, a Pennsylvania federal judge ruled Thursday.

  • August 29, 2024

    Sutter Health Kickback Fight Likely Headed To Nov. Trial

    A California federal judge indicated Wednesday she's likely to send at least some claims in a whistleblower's kickback suit against Sutter Health and a surgical-practice group to a November trial, saying during a hearing there are disputes over the credibility of certain evidence and that's "the providence of the jury."

  • August 29, 2024

    Philly Legal Org. Must Face Atty's EEOC Bias Suit At Trial

    A Pennsylvania federal judge declined Thursday to side with either party on the core claims in a U.S. Equal Employment Opportunity Commission suit alleging a Philadelphia legal services organization fired an attorney who asked for more medical leave, ruling that the case is best fit for trial.

  • August 29, 2024

    Don't 'Handcuff' NLRB By Halting ULP Case, Agency Says

    A Michigan federal court should not "handcuff" the National Labor Relations Board by greenlighting an injunction to stop unfair labor practice proceedings against an auto parts maker, the board contended, fighting back against claims that there are constitutional concerns with the agency.

  • August 29, 2024

    Wash. AG Hit Again With Atty's Bias Firing Suit

    A Washington attorney who says he was wrongfully fired from his job with the state's Office of the Attorney General after he was diagnosed with trauma linked to being a closeted gay Mormon youth has filed a new lawsuit after a similar case was tossed by a federal judge last fall.

  • August 29, 2024

    Cheerleader Drops Exploitation Suit Against Northwestern

    A former Northwestern University cheerleader has dropped her Illinois federal lawsuit that accused the school of sexually exploiting her and fellow squad members in order to bring in big dollars from donors.

  • August 29, 2024

    NLRB Rejects Amazon Challenges To Staten Island Union Win

    The National Labor Relations Board rejected Amazon's challenge to the results of a union's election victory at a Staten Island, New York, warehouse, saying Thursday the company did not present strong enough evidence that the union's conduct interfered with workers' choice in the election.

  • August 29, 2024

    NLRB Partners With Other Feds In Merger Probes

    The National Labor Relations Board said it's teaming up with the U.S. Department of Justice, the U.S. Department of Labor and the Federal Trade Commission to investigate mergers that present competition concerns for workers.

  • August 29, 2024

    Ga. School District Settles Wage Docking Suit With Bus Driver

    A Georgia school district has agreed to settle a lawsuit with a bus driver who alleged she was forced to work practically without pay for three months after the district docked her wages to recoup the workers' compensation benefits she had received, according to a notice filed Wednesday.

  • August 29, 2024

    5th Circ. Rules That Welding Inspector Isn't An Employee

    The Fifth Circuit refused Wednesday to revive a welding inspector's claim that a company he performed work for violated federal labor law by refusing to pay him wages and overtime, ruling in a published opinion that the inspector's claim failed since he wasn't an employee but an independent contractor.

  • August 29, 2024

    4th Circ. Won't Revive Whistleblower's Credit Suisse Tax Suit

    The Fourth Circuit upheld the dismissal of a former Credit Suisse employee's whistleblower case that alleged the Swiss bank continued to help clients evade taxes after it made a related plea deal with the U.S., saying a 2023 U.S. Supreme Court decision on the False Claims Act could not save the case.

  • August 29, 2024

    NFL, Broncos Say Player's THC Suit Belongs In Arbitration

    The NFL and Denver Broncos said a former player's revised discrimination lawsuit can't avoid arbitration because claims that he was unfairly fined more than $532,000 for using prescribed THC to treat medical conditions still fall under a collective bargaining agreement.

  • August 29, 2024

    Judge Trims Assault, Wage Claims Against Long Island Cafe

    A New York federal judge tossed some claims brought by one of eight former employees suing Marie Eiffel Market, a Long Island cafe popular with celebrities, but left the majority of the claims brought by the employees untouched.

  • August 29, 2024

    Burke Warren Nixed WFH Request, Violating ADA, Suit Says

    A former legal assistant at Burke Warren MacKay & Serritella PC has sued the firm for disability discrimination in Illinois federal court, saying he was illegally fired rather than accommodated when his cancer treatment led him to ask for a permanent work-from-home schedule.

  • August 29, 2024

    Albright Boots $8B EV Trade Secrets Suit For Improper Venue

    U.S. District Judge Alan Albright tossed out a $7.8 billion trade secrets dispute between two electric vehicle companies, adopting a federal magistrate judge's recommendation that the case should be handled in Israel where he said both companies and the majority of the individuals related to the matter already are.

  • August 29, 2024

    JPMorgan Says Ex-Adviser Poached Clients Worth $13M

    JPMorgan Chase has accused a former adviser of attempting to solicit clients for Wells Fargo, an effort JPMorgan alleged has so far been successful in converting 16 clients worth $13 million to its competitor.

  • August 29, 2024

    FTC Wants Kroger's Constitution Suit To Follow Merger Case

    The Federal Trade Commission is sparring with Kroger over where, and when, to handle the grocery giant's constitutional counterattack to the FTC's merger challenge, with the agency teeing up a bid to move the company's Ohio federal court suit to Oregon, where it's defending the proposed Albertsons purchase.

  • August 29, 2024

    9th Circ. Says Trucking Group's Brief Is Too Late In AB 5 Row

    The Ninth Circuit declined to take up a California trucking industry group's bid to upend a lower court decision that rejected their challenge to the Golden State's independent contractor classification law, known as A.B. 5, saying the group failed to file an opening brief on time.

Expert Analysis

  • Tailoring Compliance Before AI Walks The Runway

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    Fashion industry players that adopt artificial intelligence to propel their businesses forward should consider ways to minimize its perceived downsides, including potential job displacements and algorithmic biases that may harm diversity, equity and inclusion efforts, say Jeffrey Greene and Ivory Djahouri at Foley & Lardner.

  • Recruitment Trends In Emerging Law Firm Frontiers

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    BigLaw firms are facing local recruitment challenges as they increasingly establish offices in cities outside of the major legal hubs, requiring them to weigh various strategies for attracting talent that present different risks and benefits, says Tom Hanlon at Buchanan Law.

  • Series

    Glassblowing Makes Me A Better Lawyer

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    I never expected that glassblowing would strongly influence my work as an attorney, but it has taught me the importance of building a solid foundation for your work, learning from others and committing to a lifetime of practice, says Margaret House at Kalijarvi Chuzi.

  • 3 Surprising Deposition Dangers Attorneys Must Heed

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    Attorneys often do not think of discovery as a particularly risky phase of litigation, but counsel must closely heed some surprisingly strict and frequently overlooked requirements before, during and after depositions that can lead to draconian consequences, says Nate Sabri at Perkins Coie.

  • What Employers Need To Know About Colorado's New AI Law

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    The Colorado AI Act, enacted in May and intended to regulate the use of high-risk artificial intelligence systems to prevent algorithmic discrimination, is broad in scope and will apply to businesses using AI for certain employment purposes, imposing numerous compliance obligations and potential liability, say Laura Malugade and Owen Davis at Husch Blackwell.

  • Opinion

    Paid Noncompetes Offer A Better Solution Than FTC's Ban

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    A better alternative to the Federal Trade Commission's recent and widely contested noncompete ban would be a nationwide bright-line rule requiring employers to pay employees during the noncompete period, says Steven Kayman at Rottenberg Lipman.

  • How Associates Can Build A Professional Image

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    As hybrid work arrangements become the norm in the legal industry, early-career attorneys must be proactive in building and maintaining a professional presence in both physical and digital settings, ensuring that their image aligns with their long-term career goals, say Lana Manganiello at Equinox Strategy Partners and Estelle Winsett at Estelle Winsett Professional Image Consulting.

  • Firms Must Rethink How They Train New Lawyers In AI Age

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    As law firms begin to use generative artificial intelligence to complete lower-level legal tasks, they’ll need to consider new ways to train summer associates and early-career attorneys, keeping in mind the five stages of skill acquisition, says Liisa Thomas at Sheppard Mullin.

  • Think Like A Lawyer: Always Be Closing

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    When a lawyer presents their case with the right propulsive structure throughout trial, there is little need for further argument after the close of evidence — and in fact, rehashing it all may test jurors’ patience — so attorneys should consider other strategies for closing arguments, says Luke Andrews at Poole Huffman.

  • Where Anti-Discrimination Law Stands 4 Years After Bostock

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    On the fourth anniversary of the U.S. Supreme Court's landmark Bostock ruling, Evan Parness and Abby Rickeman at Covington take stock of how the decision, which held that Title VII protects employees from discrimination because of their sexual orientation and gender identity, has affected anti-discrimination law at the state and federal levels.

  • Series

    Playing Chess Makes Me A Better Lawyer

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    There are many ways that chess skills translate directly into lawyer skills, but for me, the bigger career lessons go beyond the direct parallels — playing chess has shown me the value of seeing gradual improvement in and focusing deep concentration on a nonwork endeavor, says attorney Steven Fink.

  • Crafting An Effective Workplace AI Policy After DOL Guidance

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    Employers should take proactive steps to minimize their liability risk after the U.S. Department of Labor released artificial intelligence guidance principles on May 16, reflecting the reality that companies must begin putting into place policies that will dictate their expectations for how employees will use AI, say David Disler and Courtnie Bolden at ​​​​​​​Porzio Bromberg.

  • Patent Lessons From 7 Federal Circuit Reversals In May

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    A look at recent cases where the Federal Circuit reversed or vacated decisions by the Patent Trial and Appeal Board or a federal district court provide guidance on how to succeed on appeal by clarifying the obviousness analysis of design patents, the finality of a judgment, and more, say Denise De Mory and Li Guo at Bunsow De Mory.

  • Litigation Inspiration: Attys Can Be Heroic Like Olympians

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    Although litigation won’t earn anyone an Olympic medal in Paris this summer, it can be worthy of the same lasting honor if attorneys exercise focused restraint — seeking both their clients’ interests and those of the court — instead of merely pursuing every advantage short of sanctionable conduct, says Bennett Rawicki at Hilgers Graben.

  • Politics In The Workplace: What Employers Need To Know

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    As the 2024 election approaches and protests continue across the country, employers should be aware of employees' rights — and limits on those rights — related to political speech and activities in the workplace, and be prepared to act proactively to prevent issues before they arise, say attorneys at Littler.

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