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Employment
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December 03, 2024
Charlotte Housing Authority Wants Out Of Retaliation Suit
The public housing authority of Charlotte, North Carolina, has struck back against a former coordinator's retaliation and discrimination suit, arguing in North Carolina federal court that the suit should be tossed because there's an "extreme lack of non-conclusory facts" backing its claims.
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December 03, 2024
4 Mass. State Court Rulings You May Have Missed In Nov.
An age discrimination case was undone by the fine print of an employment agreement, while an "utterly inadequate" document search led to a five-figure sanctions order, among other notable recent decisions in Massachusetts state court.
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December 03, 2024
Ill. Panel Relieves Liberty Mutual Units Of BIPA Coverage
An Illinois state appeals court held that two Liberty Mutual units didn't owe coverage to a policyholder for an underlying class action alleging violations of the state's Biometric Information Privacy Act, reversing a lower court's decision surrounding the interpretation of a recording and distribution exclusion.
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December 03, 2024
Harvey Weinstein Gets March Trial Date In LA Civil Rape Suit
A California judge on Tuesday set a March trial date for a civil lawsuit brought by a woman whom Harvey Weinstein was convicted of raping, saying the disgraced movie producer's age and poor medical condition outweigh the plaintiff's desire to pause proceedings until a criminal appeal concludes.
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December 03, 2024
ICE Contractor Workers Are Guards Who Can't Vote On Union
Some employees of a U.S. Immigration and Customs Enforcement contractor who transport migrants on the Texas-Mexico border can't vote on Teamsters representation, a National Labor Relations Board official concluded, saying the workers cannot be in the same union as nonguards under federal labor law.
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December 03, 2024
Thompson Coe Settles Defamation Suit From Former Firm Atty
Thompson Coe Cousins & Irons LLP has reached a settlement in a defamation lawsuit in Texas state court filed by a former firm attorney who was appealing its dismissal under the state's anti-SLAPP law, court records show.
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December 03, 2024
OneTaste Execs Say Former Member's Journals Fabricated
Two former OneTaste executives facing forced labor conspiracy charges claim a former employee's journals were fabricated for a Netflix documentary about the sexual wellness company and were further edited by an FBI agent before being produced to the defense in discovery.
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December 03, 2024
Voting Org Fired Worker For Harassment Reports, Suit Says
Voting rights nonprofit New Georgia Project fired an operations director because he helped several employees report that executives had sexually harassed them, the worker claimed in a suit filed in Georgia federal court.
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December 03, 2024
GardaWorld Aims To Toss Tobacco, Vaccine Surcharge Suit
Security company GardaWorld urged a North Carolina federal judge to toss a proposed class action claiming it discriminated against tobacco users and those who refused the COVID-19 vaccine by charging them a monthly fee in its health insurance plan, arguing that the fees comply with federal benefits law.
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December 03, 2024
Justices Should Stay Out Of Biden Wage Dispute, Gov't Says
President Joe Biden's decision to increase federal contractors' hourly minimum wage falls under authority that presidents have exercised for 75 years, the U.S. government said, urging the U.S. Supreme Court to stay out of the Tenth Circuit's decision keeping the wage hike in place.
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December 03, 2024
New DOL Rule Would End Lower Wages For Disabled Workers
The U.S. Department of Labor said Tuesday it will proceed with a rule to end employers' ability to pay workers with disabilities below the federal minimum wage, taking long-awaited action on the issue in the final weeks of President Joe Biden's administration.
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December 02, 2024
Apple Accused Of Gagging Workers, Spying On Their IPhones
A manager at Apple claims the tech giant is stomping on employees' rights by forbidding discussion of coworkers' compensation and encouraging the use of personal iPhones at work so that it can snoop on workers, according to a lawsuit lodged Monday in California state court.
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December 02, 2024
BIA Aims To Exclude Evidence In Assault Liability Case
The Bureau of Indian Affairs is looking to throw out an array of evidence in a Montana federal court dispute over whether the agency is liable for a former officer's sexual assault of a Northern Cheyenne woman, arguing most of the information is based on hearsay, undisclosed opinion and privileged testimony.
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December 02, 2024
Mich. Justices To Mull Immigrant Org.'s Workers' Comp Fight
The Michigan Supreme Court said Monday it would review whether a one-year filing deadline bars an immigrant legal aid organization from forcing the state to stop denying workers' compensation benefits based on immigration status.
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December 02, 2024
Ex-Worker Accuses Ga. Trucking Co. Of Disability Bias
A former Hub Group Trucking Inc. employee has sued the company in Georgia federal court, alleging managers and co-workers discriminated against her after she suffered an accident requiring her to work with a light duty accommodation.
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December 02, 2024
Consulting Firm Says Insurer On Hook For $7.6M Deal
A consulting firm told an Illinois federal court that its insurer must reimburse it for a $7.6 million settlement with the U.S. Department of Justice relating to a lawsuit accusing the firm of allowing personal information to be compromised, maintaining that the litigation fell within its policy's scope.
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December 02, 2024
ByteDance Says Ex-Worker Can't Avoid Counterclaims
TikTok's parent company, ByteDance, says a former engineer shouldn't be able to dodge its counterclaims in a dispute stemming from his termination, arguing that just because he wants to drop his allegations doesn't mean those counterclaims are moot.
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December 02, 2024
Temple U., Cancer Center Say Prof's Bias Suit Short On Facts
Temple University and its cancer research center said a Pennsylvania federal court should toss most of a professor's lawsuit claiming she was denied opportunities after rejecting the advances of the center's eventual director, arguing her allegations were based on subjective beliefs rather than actual harassment.
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December 02, 2024
X Escapes Former Twitter Security Head's Firing Suit
A New Jersey federal judge has sent a former Twitter security chief's suit claiming he was fired for protesting massive budget cuts to arbitration, ruling that the claims fail under the provisions of the company's arbitration agreement.
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December 02, 2024
Yellow Fights Teamsters' Call For 10th Circ. To Nix Claims
The Tenth Circuit should not pay mind to arguments from the Teamsters about upholding a lower court's dismissal of Yellow Corp.'s $137 million suit against the union, the company is arguing, doubling down on its claims that it was not required to exhaust the grievance process under a contract.
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December 02, 2024
Worker's Case Threatens 'Sea Change,' Conn. Justices Hear
If the Connecticut Supreme Court sides with a workers' compensation claimant who is challenging a benefits determination, it would "create a sea change" that makes claims "drastically more expensive," the state's mental health agency told the justices Monday.
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December 02, 2024
DOL Must Face Black Ex-Atty's Racial Bias, Retaliation Suit
The U.S. Department of Labor can't avoid a Black former litigator's lawsuit alleging he was subjected to racist language from white employees, given a low bonus and fired after unwarranted internal investigations, with a D.C. federal judge ruling Monday his race-based claims are detailed enough to stay in court.
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December 02, 2024
Warehouse Didn't Know Slabs Would Kill Workers, Panel Says
The estates of employees who died while moving stone slabs at a Michigan warehouse didn't prove the workers' employer deliberately put them in harm's way or knew the way the materials were stored could cause their deaths, a state appellate panel has determined, upholding the dismissal of a wrongful death lawsuit brought by the estates.
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December 02, 2024
FedEx Wants To Sanction 'Cavalier' Attys Behind OT Litigation
FedEx on Monday asked a Massachusetts federal judge to dismiss one of a handful of overtime lawsuits brought by drivers working for intermediate employers as a sanction to the lawyers for rushing to file the "ocean of claims" to harass it and drain its pockets through endless litigation.
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December 02, 2024
Ohio Patrol Trims But Can't Ax Ex-Cop's $2.7M Bias Verdict
An Ohio federal judge on Monday trimmed a $2.7 million verdict handed to a gay former cop who said she was forced to resign out of animosity for her sexual orientation, finding that while some of her damages needed to be capped, there wasn't any need for a new trial.
Expert Analysis
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Why DOJ's Whistleblower Program May Have Limited Impact
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.
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CFPB's Earned Wage Access Rule Marks Regulatory Shift
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.
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How Calif. Justices' Prop 22 Ruling Affects The Gig Industry
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.
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Takeaways From Virginia's $2B Trade Secrets Verdict Reversal
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.
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How Justices Upended The Administrative Procedure Act
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.
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Employers Face Uncertainty After Calif. Justices' Slur Ruling
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.
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9th Circ. Ruling Flags Work Harassment Risks Of Social Media
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.
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2 Vital Trial Principles Endure Amid Tech Advances
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.
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Key Steps To Employer Petitions For Union Elections
Excerpt from Practical Guidance
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.
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Viral Layoffs: How Cos. Can Avoid Bad Social Media Exposure
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.
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Mirror, Mirror On The Wall, Is My Counterclaim Bound To Fall?
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.
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6 Factors That Can Make For A 'Nuclear' Juror
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.
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Series
Playing Dungeons & Dragons Makes Me A Better Lawyer
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.
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Illinois BIPA Reform Offers Welcome Relief To Businesses
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.
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3 Notes For Arbitration Agreements After Calif. Ruling
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.