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Employment
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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September 12, 2024
Labour MP Abrahams Named New Pensions Committee Chair
The parliamentary Work and Pensions Committee could investigate whether to pay billions of pounds in compensation to women affected by government state pension failings after Labour MP Debbie Abrahams was named its new chair.
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September 12, 2024
Tesco Cannot Rehire Workers To Cut Pay, Top UK Court Rules
Retail giant Tesco's decision to fire and rehire warehouse workers to remove what it described as a "permanent" pay supplement was a violation of their employment contracts, the U.K. Supreme Court ruled Thursday.
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September 11, 2024
Litigation Spending To Rise As Cases Grow More Aggressive
A substantial number of large companies are expecting to increase their litigation spending by double digits next year in the face of more complex and hard-fought cases — and they are more open to bringing in new legal talent to navigate the matters, according to a report released Thursday.
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September 11, 2024
The Firms That Handle The Most Trade Secrets Work
Gordon Rees remains the most active law firm representing plaintiffs in trade secrets disputes, according to a new report by Lex Machina analyzing a three-year period from 2021 to 2023, while Littler Mendelson continues to lead the pack on the defendants' side during that same timeframe.
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September 11, 2024
FTC Fights Pa. Noncompete Ban Challenger's Pause Bid
The Federal Trade Commission on Wednesday urged a Pennsylvania federal judge to reject a tree service company's bid to pause its challenge of the agency's noncompete ban, arguing that another district court's decision to set the ban aside nationwide doesn't justify a stay because the agency is mulling an appeal.
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September 11, 2024
Gov't Spent $236B In Fraud And Improper Payments In 2023
Federal agencies made $236 billion in improper payments in fiscal 2023, a drop of about $11 billion from the prior year, according to a report released Tuesday by the U.S. Government Accountability Office.
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September 11, 2024
Conn. Pizza Chain Sued By Ex-Operations Chief For Age Bias
The former director of operations for Frank Pepe's, a Connecticut-based pizza chain, sued the company Tuesday in federal court for allegedly firing him because of his age, race and gender.
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September 11, 2024
Pest Control Company Wraps Up Fired Worker's PWFA Charge
The U.S. Equal Employment Opportunity Commission said Wednesday that a pest control company in Florida will cough up about $47,000 to settle allegations that it violated the Pregnant Workers Fairness Act by firing a worker who wanted to attend monthly medical appointments.
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September 11, 2024
Top Calif. Biz Bills Sitting On Gov. Newsom's Desk
Among the hundreds of bills awaiting California Governor Gavin Newsom's signature are a number that would create new guidelines for Golden State employers, healthcare industry players, as well as artificial intelligence labeling, textile recycling and increasing criminal penalties for corporate malfeasance by tens of millions of dollars.
Expert Analysis
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What To Know About CFPB Stance On Confidentiality Terms
A recent circular from the Consumer Financial Protection Bureau represents a growing effort across government agencies to address overbroad confidentiality agreements, and gives employers insight into the bureau's perspective on the issue as it relates to the Consumer Financial Protection Act, say Holly Williamson and Elizabeth King at Hunton.
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Court Denial Of $335M UFC Deal Sets Bold Antitrust Precedent
A Nevada federal court’s recent refusal to accept a $335 million deal between Ultimate Fighting Championship and a group of former fighters to settle claims of anticompetitive conduct was a rare decision that risks the floodgates opening on established antitrust case law, says Mohit Pasricha at Lawrence Stephens.
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How Methods Are Evolving In Textualist Interpretations
Textualists at the U.S. Supreme Court are increasingly considering new methods such as corpus linguistics and surveys to evaluate what a statute's text communicates to an ordinary reader, while lower courts even mull large language models like ChatGPT as supplements, says Kevin Tobia at Georgetown Law.
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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.