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Employment
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November 26, 2024
Macy's Says High Court Ruling Guts DOL's Tobacco Fee Case
Macy's urged an Ohio federal judge to ax a U.S. Department of Labor claim that the company discriminated against tobacco users by charging them an extra fee through its health insurance plan, arguing that the U.S. Supreme Court's recent Loper Bright ruling disqualifies the agency's regulations at issue.
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November 26, 2024
CMS Cancels Call Center Solicitation With Disputed Labor Clause
The Centers for Medicare and Medicaid Services called off its unusual resolicitation of a still-active $6.6 billion contract for contact center services on Tuesday, following litigation from contractor Maximus over a contentious labor harmony agreement in the solicitation.
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November 26, 2024
Trailer Maker Inks DOJ Deal Over Noncitizen Employment Bias
Trailer manufacturer Great Dane LLC agreed to pay $436,000 to resolve allegations that one of its Nebraska plants discriminated against non-U.S. citizens during the hiring process, the U.S. Department of Justice announced Monday, releasing new guidance about lawful permanent residents' employment rights.
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November 26, 2024
Del. Justices Uphold Chancery Toss Of No-Compete Suit
Delaware's Supreme Court has backed a Court of Chancery finding that private equity firm Court Square Capital Management wrongly withheld nearly $5.4 million in carried interest payments from former partner Kevin Brown after he was accused — three years after his 2016 departure — of violating a no-compete agreement.
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November 26, 2024
Workers Say Kroger-Albertsons No-Poach Deal Hurt Wages
A Colorado grocery store employee has filed a putative class action accusing Kroger Co. and Albertsons Cos. Inc. of scheming to suppress workers' wages, alleging in a state court complaint that the grocers entered into an illegal "no-poach" agreement during a 2022 strike.
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November 26, 2024
NY Groups, Truckers Say Congestion Pricing Unconstitutional
A New York teachers union, and coalitions of residents and truckers have told a federal judge that Manhattan's recently resurrected congestion pricing is still unconstitutional and discriminatory, and federal and state transportation agencies shouldn't be allowed to shake their claims just because the tolls will be reduced.
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November 26, 2024
Ukrainian Man Admits To $25M Staffing, Tax Scheme
A Ukrainian man who was recently extradited to the U.S. to face charges that he helped illegally employ immigrants in Florida hotels pled guilty to tax crimes that prosecutors say caused $25 million in tax losses, according to Florida federal court filings.
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November 26, 2024
UAW Local Should Rerun Officer Vote In Mich., DOL Says
A United Auto Workers local in Warren, Michigan, should scrap the results of its May officers' election and hold a new one, the U.S. Department of Labor told a federal court Tuesday, saying the election committee mishandled its recordkeeping and oversight of absentee ballots.
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November 26, 2024
'Enormous Is Not Everything': UAW Pressed On Doc Turnover
A Michigan federal judge pressed a United Auto Workers attorney Tuesday about whether the union was being evasive in describing how much material it had turned over to fulfill the request of a monitor appointed to oversee the union as part of his investigation into some of the union's top officials.
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November 26, 2024
4th Circ. Won't Rehear Soldier's Loss In Suit Against Fluor
The Fourth Circuit on Tuesday declined to rehear, or rehear en banc, a split panel decision from October in a former Army specialist's suit against defense contractor Fluor Corp. over injuries he sustained in a 2016 suicide bombing in Afghanistan.
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November 26, 2024
Judge Heads Off Misleading Solicitation In NCAA NIL Deal
The California federal judge overseeing the NCAA name, image and likeness class action that is nearing closure issued guidelines Tuesday for third-party servicing companies offering to help student athletes secure their portion of a preliminarily approved $2.78 billion settlement.
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November 26, 2024
Chicago Dispensary Asks NLRB To Ax 2021 Union Vote Result
The National Labor Relations Board should nix a United Food & Commercial Workers local's 11-10 win in a 2021 representation election at a Chicago cannabis dispensary due to an issue with the vote, the dispensary said, adding NLRB and D.C. Circuit precedent supports its stance.
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November 26, 2024
Affinity Bar Groups Decry Colo. No-Poach Restrictions
Several attorney groups told Colorado's justices that barring lawyers from recruiting colleagues before officially leaving a firm would take away professional autonomy and harm lawyers from underrepresented backgrounds the most, filing briefs in support of a lawyer's challenge to her contract with a personal injury firm.
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November 26, 2024
U. Of Michigan Shorting Pay With Late Raises, Prof Says
The University of Michigan has been consistently applying salary increases three months later than its employment contracts require, leading to unpaid wages, a tenured sociology professor said in a proposed class action filed Tuesday in state court.
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November 26, 2024
NC Basketball Scout Admits To Role In COVID Funds Scheme
A North Carolina basketball scout has pled guilty to participating in a COVID-19 relief funds scam that prosecutors say netted him $300,000, the latest of more than 30 guilty pleas from the nationwide scheme to defraud the Paycheck Protection Program.
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November 26, 2024
Jackson Hewitt Workers Get Final OK On $10.8M Settlement
A federal judge granted final approval to a $10.8 million settlement between former Jackson Hewitt Inc. workers and the tax preparation firm over claims the company's franchisees entered into an anti-competitive no-poach agreement despite the provision being removed from the company's franchise agreements.
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November 26, 2024
Miss. Judge Stays DOL's H-2A Protections Nationwide
A Mississippi federal judge issued a nationwide stay of amendments to a U.S. Department of Labor rule providing protections for H-2A migrant farmworkers who take part in organizing, finding federal immigration law doesn't give DOL the authority to give these workers the right to act collectively.
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November 26, 2024
Ohio Vaping Chain Worker Drops Proposed OT Class Action
An Ohio vape shop worker has dropped her proposed class and collective action accusing her employer of making his employees work 60 to 100 hours per week but then not paying them overtime for their extra labor as required by the Fair Labor Standards Act.
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November 26, 2024
DraftKings Engineer Says Leave Request Led To Firing
A former DraftKings engineer alleges the sports betting company fired him after he requested parental leave despite positive reviews, violating the Family and Medical Leave Act, according to a lawsuit removed to Massachusetts federal court.
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November 26, 2024
Texas Atty Sanctioned For Citing Bogus Cases After Using AI
A Texas lawyer pursuing a wrongful termination lawsuit against Goodyear Tire & Rubber Co. has been sanctioned for submitting a brief that included citations to nonexistent cases generated by an artificial intelligence tool, a Texas federal judge ordered this week.
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November 26, 2024
California's Top Bank, Fintech Regulator To Exit At Year's End
The top banking and fintech regulator for California is departing from the state's Department of Financial Protection and Innovation in a little more than a month, an agency spokesperson told Law360 on Tuesday.
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November 26, 2024
Ga. Law Firm Faces DQ Bid Over 'Hopeless' FCA Case Conflict
The former employee of a tool company has called on a Georgia federal court to disqualify Smith Gilliam Williams & Miles PA and one of its attorneys from representing the company in his False Claims Act case because another firm attorney represented him in a domestic matter.
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November 26, 2024
Lawmaker-Turned-Judge Right Not To Recuse, Panel Says
A New Jersey appellate panel has backed a state judge's decision not to recuse herself from a dependency case involving a law she sponsored in her previous role as a member of the New Jersey General Assembly, issuing a precedential ruling that the judge's knowledge of the law would not harm her ability to interpret it fairly.
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November 26, 2024
NJ Law Firm Hit With Whistleblower Suit From Fired Atty
New Jersey law firm Post Polak PA has been hit with a state whistleblower lawsuit from a former associate alleging that she was fired over her handling of a public records case against Englewood Cliffs and her disagreements with the town mayor.
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November 26, 2024
Ex-Faegre Drinker Atty Files Disability Bias Suit
Faegre Drinker Biddle & Reath LLP was hit with a disability discrimination lawsuit on Monday by a Denver attorney who says she was pushed out after seeking accommodations for hip problems.
Expert Analysis
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7th Circ. Rulings Offer Employee Vaccine Exemption Guidance
Dawn Solowey and Samantha Brooks at Seyfarth explain how two recent Seventh Circuit rulings in Passarella v. Aspirus and Bube v. Aspirus could affect litigation involving employee vaccine exemptions, and discuss employer best practices for handling accommodation requests that include both religious and secular concerns.
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5 Ways To Confront Courtroom Technology Challenges
Recent cybersecurity incidents highlight the vulnerabilities of our reliance on digital infrastructure, meaning attorneys must be prepared to navigate technological obstacles inside the courtroom, including those related to data security, presentation hardware, video playback and more, says Adam Bloomberg at IMS Legal Strategies.
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Employers Should Not Neglect Paid Military Leave Compliance
An August decision from the Ninth Circuit and the settlement of a long-running class action, both examining paid leave requirements under the Uniformed Services Employment and Reemployment Rights Act, are part of a nationwide trend that should prompt employers to review their military leave policies to avoid potential litigation and reputational damage, says Bradford Kelley at Littler.
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Old Employment Law Principles Can Answer New AI Concerns
Despite growing legal and regulatory concerns about how artificial intelligence tools may affect employment decisions and worker rights, companies should take comfort in knowing that familiar principles of employment law and established compliance regimes can still largely address these new twists on old questions, say attorneys at Foley & Lardner.
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Navigating New Enforcement Scrutiny Of 'AI Washing'
The U.S. Securities and Exchange Commission's recent lawsuit against Joonko Diversity, its first public AI-focused enforcement action against a private company, underscores the importance of applying the same internal legal and compliance rigor to AI-related claims as other market-facing statements, say attorneys at Fried Frank.
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Pa. Health Employers Must Prep For Noncompete Restrictions
Newly enacted legislation in Pennsylvania prohibits certain noncompete covenants for healthcare practitioners in the state beginning next year, creating compliance challenges that both employers and employees should be aware of, say attorneys at Buchanan Ingersoll.
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Avoiding Corporate Political Activity Pitfalls This Election Year
As Election Day approaches, corporate counsel should be mindful of the complicated rules around companies engaging in political activities, including super PAC contributions, pay-to-play prohibitions and foreign agent restrictions, say attorneys at Covington.
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Employer Arbitration Lessons From Calif. Consumer Ruling
Although a California state appeals court’s recent arbitration ruling in Mahram v. Kroger involved a consumer transaction, the finding that the arbitration agreement at issue did not apply to a third-party beneficiary could influence how employment arbitration agreements are interpreted, says Sander van der Heide at CDF Labor Law.
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Why Attorneys Should Consider Community Leadership Roles
Volunteering and nonprofit board service are complementary to, but distinct from, traditional pro bono work, and taking on these community leadership roles can produce dividends for lawyers, their firms and the nonprofit causes they support, says Katie Beacham at Kilpatrick.
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How NJ Temp Equal Pay Survived A Constitutional Challenge
The Third Circuit recently gave the New Jersey Temporary Workers' Bill of Rights a new lease on life by systematically dismantling multiple theories of the act's unconstitutionality brought by staffing agencies hoping to delay their new equal pay and benefits obligations, say attorneys at Duane Morris.
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Firms Must Offer A Trifecta Of Services In Post-Chevron World
After the U.S. Supreme Court’s Loper Bright Enterprises v. Raimondo decision overturning Chevron deference, law firms will need to integrate litigation, lobbying and communications functions to keep up with the ramifications of the ruling and provide adequate counsel quickly, says Neil Hare at Dentons.
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5 Tips To Succeed In A Master Of Laws Program And Beyond
As lawyers and recent law school graduates begin their Master of Laws coursework across the country, they should keep a few pointers in mind to get the most out of their programs and kick-start successful careers in their practice areas, says Kelley Miller at Reed Smith.
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NYC Wage Info Bill Highlights Rise In Pay Transparency Laws
With New York City the latest to mull requiring companies to annually report employee wage data, national employers should consider adapting their compliance practices to comply with increasingly common pay transparency and disclosure obligations at state and local levels, says Kelly Cardin at Littler Mendelson.
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When Trauma Colors Testimony: How To Help Witnesses
As stress-related mental health issues continue to rise, trial attorneys must become familiar with a few key trauma-informed strategies to help witnesses get back on track — leaning in to the counselor aspect of their vocations, say Ava Hernández and Steve Wood at Courtroom Sciences.
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Series
Being An Opera Singer Made Me A Better Lawyer
My journey from the stage to the courtroom has shown that the skills I honed as an opera singer – punctuality, memorization, creativity and more – have all played a vital role in my success as an attorney, says Gerard D'Emilio at GableGotwals.