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Employment
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August 21, 2024
Staffing Co. Can't Duck Class Claims In Biometric Privacy Row
An Illinois federal judge ruled Monday that a staffing company must face most claims brought by employees alleging it violated Illinois' biometric privacy law by collecting their fingerprints for timekeeping without first securing their written, informed consent, and said it would be premature to grant the company's bid to strike the class allegations.
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August 21, 2024
Contractor, Manager Settle Hartford HealthCare No-Poach Suit
A New Jersey company that manages a sleep clinic in a Connecticut hospital has settled a former clinic manager's lawsuit alleging the company improperly prevented him from getting a job with the hospital's new owner after it fired him.
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August 21, 2024
Government Contractor Escapes Workers' Exit Pay Suit
A North Carolina federal judge on Wednesday tossed a lawsuit former workers lodged against a government contractor accusing it of illegally amending a policy to avoid providing employees with payouts when they left the company, saying the policy at issue is not governed by federal benefits law.
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August 21, 2024
Procopio Adds Davis Wright Employment Atty in Palo Alto
Procopio Cory Hargreaves & Savitch LLP is expanding its California team by adding a Davis Wright Tremaine LLP employment litigator as a partner in its Silicon Valley office, the firm said Wednesday.
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August 21, 2024
Wells Fargo Hires Jones Day After $22M ADA Trial Loss In NC
Wells Fargo has beefed up its legal representation with a powerhouse appellate litigator and an employer-side labor lawyer, both from Jones Day, following a jury's decision last month to enter more than $22 million in damages against it in a former director's disability discrimination case in North Carolina federal court.
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August 21, 2024
City Health Administrator Says Firing Flouted Constitution
A former city of Bridgeport healthcare administrator says she learned via a one-page, hand-delivered letter at the close of business on April 1 that she was immediately losing her job, a move she says violated the 14th Amendment because she received neither a warning nor an opportunity for a hearing.
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August 21, 2024
X Corp. Shuts Down Disability Bias Suit Over Musk Takeover
A California federal judge scrapped a proposed class action Wednesday alleging Twitter targeted employees with disabilities for termination following Elon Musk's takeover of the business, but left the door open for the former worker behind the suit to revise his claims.
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August 21, 2024
Dorsey & Whitney Employment Atty Rejoins Jackson Lewis
Employment firm Jackson Lewis PC is welcoming back a longtime attorney who went to Dorsey & Whitney LLP for a year and is now returning to the firm's Orange County office as a principal.
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August 20, 2024
NLRB Official Says Facts Are Solid In Hospital Injunction Fight
A National Labor Relations Board official is fighting the claim that her request for an injunction compelling a Michigan hospital to resume recognizing a union is light on evidentiary support, saying the hospital's attempt to contest the facts of the case falls flat.
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August 20, 2024
Terrorized Air Passenger Case Tossed For Failure To Amend
Fifteen passengers can no longer pursue claims against American Airlines and regional carriers for negligently allowing a worker to tap into their private information so he could fuel a monthslong harassment campaign, a Connecticut federal judge ruled, saying the plaintiffs failed to meet a filing deadline.
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August 20, 2024
7th Circ. Reverses Sysco Win Over Teamsters Grievance
The Seventh Circuit ordered arbitration Tuesday of a grievance over early retirement benefits that Sysco Indianapolis LLC wanted to be heard in federal court, reversing a trial judge who concluded the dispute was governed by terms outside the bargaining agreement.
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August 20, 2024
9th Circ. Trans Health Appeal Hints At Supreme Court Fight
The Ninth Circuit will hear arguments Wednesday in an appeal from the state of Idaho seeking to preserve its ban on gender dysphoria treatment for minors, in a case that involves questions about trans health access that the U.S. Supreme Court is set to consider this fall, attorneys say.
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August 20, 2024
Texas Judge Blocks FTC's Impending Ban On Noncompetes
A Texas federal judge on Tuesday permanently blocked the Federal Trade Commission's looming ban on noncompete agreements in employment contracts, setting aside the regulation with a conclusion that it's beyond the agency's authority.
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August 20, 2024
Ex-NFLer Says False Claim He's 'Insolvent' Merits Sanctions
A former NFL player has asked a state judge to sanction a former employee who recently dropped her sexual abuse claims by saying he was likely "insolvent" and unlikely to pay even if she won, arguing the false comments about his finances cost him work opportunities.
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August 20, 2024
Kansas Resolves Fired Trans Highway Worker's Bias Suit
Kansas lawmakers approved a $50,000 settlement ending a former highway patrol worker's lawsuit alleging he was fired because he's transgender amid an investigation into whether he'd harassed a female colleague.
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August 20, 2024
Some Wis. State Bar Officers Let Out Of Diversity Bias Suit
A Wisconsin federal judge has removed three of the seven individual defendants named in a suit brought by an attorney challenging the Wisconsin Bar's diversity clerkship program after they argued they were not personally responsible for actions alleged in the suit, with the judge also cutting a claim for money damages.
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August 20, 2024
Law Professor Seeks To Keep Alive Bias Suit Against FAMU
A Florida A&M University College of Law professor asked a federal court to maintain her discrimination suit because "context matters" in the case, and it shouldn't be decided on summary judgment, as the school suggested.
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August 20, 2024
Mich. Pot Dispensary Chain Sued Over Seller Tip Theft Claims
The owner of a chain of Michigan-based dispensaries, Stash Ventures, was hit with a proposed class action lawsuit, accusing management of stealing large portions of tips meant for retail workers.
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August 20, 2024
UFC Fighters' Wage Suit Headed To Trial In February
A trial has been set for February in the class action brought by mixed martial arts fighters who accused Ultimate Fighting Championship of suppressing their wages, a move that comes after a Nevada federal judge rejected the parties' settlement agreement in March, Law360 learned Tuesday.
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August 20, 2024
Atlanta Immigration Firm, Paralegal Settle OT Suit
An Atlanta immigration law firm has reached a settlement in a federal lawsuit from a paralegal who says he was misclassified as an independent contractor and denied overtime pay, despite routinely working more than 40 hours per week, according to court papers filed Tuesday.
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August 20, 2024
NLRB Is An 'Illegitimate Decisionmaker,' Auto Parts Co. Claims
The National Labor Relations Board is an "illegitimate decisionmaker" with agency officials who are unconstitutionally protected from removal by the president, an auto parts maker alleged in federal court, seeking a halt to an unfair labor practice proceeding against the company.
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August 20, 2024
A Deep Dive Into Law360 Pulse's 2024 Women In Law Report
The legal industry continues to see incremental gains for female lawyers in private practice in the U.S., according to a Law360 Pulse analysis, with women now representing 40.6% of all attorneys and 51% of all associates.
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August 20, 2024
These Firms Have The Most Women In Equity Partnerships
The legal industry still has a long way to go before it can achieve gender parity at its upper levels. But these law firms are performing better than others in breaking the proverbial glass ceiling that prevents women from attaining leadership roles.
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August 20, 2024
BNSF Urges 5th Circ. To Nix Colorblind Conductor's ADA Suit
BNSF Railway Co. urged the Fifth Circuit to reject a colorblind conductor's bid to revive his disability bias suit claiming he was illegally fired for failing a vision test, arguing that the former employee's impairment disqualified him for the job.
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August 20, 2024
Catching Up With Delaware's Chancery Court
A nearly record-breaking attorney fee got the nod in Delaware last week, along with Chancery Court settlements involving an international private jet service and a chain of trampoline parks. New disputes involved a famous burger restaurant chain, a computer-chip maker, a now-defunct genomic science company, and a historic manor house in west London.
Expert Analysis
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Think Like A Lawyer: Follow The Iron Rule Of Trial Logic
Many diligent and eager attorneys include every good fact, point and rule in their trial narratives — spurred by the gnawing fear they’ll be second-guessed for leaving something out — but this approach ignores a fundamental principle of successful trial lawyering, says Luke Andrews at Poole Huffman.
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The Art Of Asking: Leveraging Your Contacts For Referrals
Though attorneys may hesitate to ask for referral recommendations to generate new business, research shows that people want to help others they know, like and trust, so consider who in your network you should approach and how to make the ask, says Rebecca Hnatowski at Edwards Advisory.
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Compliance Strategies To Mitigate 3 New Areas Of AI Risk
The era of artificial intelligence-assisted corporate crime is here, but several concrete mitigation strategies can allow companies to address the new, rapidly evolving threats posed by deepfakes, information barrier evasion and AI model manipulation, say attorneys at Debevoise.
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Refresher On Employee Qualifications For Summer Interns
Before companies welcome interns to their ranks this summer, they should consider the extent to which the interns may be entitled to the same legal protections as employees, including the right to be paid for their hours worked and to receive at least minimum wage and overtime, says Kate LaQuay at Munck Wilson.
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Opinion
The FTC's Noncompete Rule Is Likely Dead On Arrival
The Federal Trade Commission's April 23 noncompete ban ignores the consequences to the employees it claims to help — but the rule is unlikely to go into effect provided the ideological makeup of the U.S. Supreme Court remains the same, say Erik Weibust and Stuart Gerson at Epstein Becker.
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McKesson May Change How AKS-Based FCA Claims Are Pled
The Second Circuit’s analysis in U.S. v. McKesson, an Anti-Kickback Statute-based False Claims Act case, provides guidance for both relators and defendants parsing scienter-related allegations, say Li Yu at Dicello Levitt, Ellen London at London & Stout, and Erica Hitchings at Whistleblower Law.
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5 Employer Actions Now Risky After Justices' Title VII Ruling
Last week in Muldrow v. St. Louis, the U.S. Supreme Court ruled that harm didn't have to be significant to be considered discriminatory under Title VII of the Civil Rights Act, making five common employer actions vulnerable to litigation, say Kellee Kruse and Briana Scholar at The Employment Law Group.
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Series
Being An Equestrian Makes Me A Better Lawyer
Beyond getting experience thinking on my feet and tackling stressful situations, the skills I've gained from horseback riding have considerable overlap with the skills used to practice law, particularly in terms of team building, continuing education, and making an effort to reset and recharge, says Kerry Irwin at Moore & Van Allen.
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Teach Your Party Representative The Art Of Nonverbal Cues
As illustrated by recent reports about President Donald Trump’s nonverbal communication in court, jurors notice what’s happening at counsel table, which may color their perceptions of the case as a whole, so trial attorneys should teach party representatives to self-monitor their nonverbal behaviors, says Clint Townson at Townson Consulting.
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FTC Noncompete Ban Signals Rising Labor Focus In Antitrust
The Federal Trade Commission’s approval this week of a prohibition on noncompete agreements continues antitrust enforcers’ increasing focus on labor, meaning companies must keep employee issues top of mind both in the ordinary course of business and when pursuing transactions, say attorneys at Skadden.
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Breaking Down EEOC's Final Rule To Implement The PWFA
Attorneys at Littler highlight some of the key provisions of the U.S. Equal Employment Opportunity Commission's final rule and interpretive guidance implementing the Pregnant Workers Fairness Act, which is expected to be effective June 18, and departures from the proposed rule issued in August 2023.
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4 Ways To Refresh Your Law Firm's Marketing Strategy
With many BigLaw firms relying on an increasingly obsolete marketing approach that prioritizes stiff professionalism over authentic connection, adopting a few key communications strategies to better connect with today's clients and prospects can make all the difference, say Eric Pacifici and Kevin Henderson at SMB Law.
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How To Prepare As Employee Data Reporting Deadlines Near
As filing deadlines approach, government contractors and private companies alike should familiarize themselves with recent changes to federal and California employee data reporting requirements and think strategically about registration of affirmative action plans to minimize the risk of being audited, say Christopher Durham and Zev Grumet-Morris at Duane Morris.
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Address Complainants Before They Become Whistleblowers
A New York federal court's dismissal of a whistleblower retaliation claim against HSBC Securities last month indicates that ignored complaints to management combined with financial incentives from regulators create the perfect conditions for a concerned and disgruntled employee to make the jump to federal whistleblower, say attorneys at Cooley.
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The Practical Effects Of Justices' Arbitration Exemption Ruling
The U.S. Supreme Court's recent decision in Bissonnette v. LePage Bakeries, that a transportation worker need not work in the transportation industry to be exempt from the Federal Arbitration Act, may negatively affect employers' efforts to mitigate class action risk via arbitration agreement enforcement, say Charles Schoenwetter and Eric Olson at Bowman and Brooke.