Employment

  • September 27, 2024

    Dish Network Litigation Director Rejoins Jackson Lewis

    Employment firm Jackson Lewis PC is welcoming back a litigator who most recently was director of litigation with Dish Network as a principal in its Denver office, the firm announced Thursday.

  • September 26, 2024

    1st Circ. Won't Disturb Ex-DraftKings Exec's Noncompete

    The First Circuit on Thursday rejected an appeal from a former DraftKings executive looking to undo his noncompete contract, ruling that Massachusetts law — not California law — applies to his agreement with his Boston-based former employer and that an injunction barring him from competing with DraftKings stands.

  • September 26, 2024

    NCAA, Athletes Make Tweaks To $2.78B NIL Settlement

    The National Collegiate Athletic Association and the athletes suing over the organization's name, image and likeness compensation rules on Thursday presented some clarifications to their proposed $2.78 billion antitrust settlement after a California federal judge took issue with some of the deal's terms.

  • September 26, 2024

    Cognizant's Level Of Indian H-1B Workers 'Unusual,' Jury Told

    A Howard University professor testifying as an expert for a class of former Congizant Technologies employees alleging the company has a bias in favor of Indian workers told a California federal jury Thursday the fact that 99% of Cognizant's H-1B visa workers are from India is "unusual" and demonstrates a "cultural preference."

  • September 26, 2024

    Ex-LexShares CEO Says He Was Pushed Out For Being Black

    The former CEO of LexShares Inc. has lodged racial discrimination claims against the litigation finance firm and its top brass, claiming the company's board of directors discriminated against him and eventually forced him out because he was Black.

  • September 26, 2024

    GEO Agrees To Let Labor Inspectors Into Wash. ICE Facility

    A Washington federal judge on Wednesday signed off on an agreement between the state of Washington and private prison operator GEO Group Inc. to allow state labor inspectors access to an immigration detention facility GEO owns and operates for U.S. Immigration and Customs Enforcement.

  • September 26, 2024

    SEC Fines Fla. Advisory Firm Over Whistleblower Barriers

    Florida-based investment management company GQG Partners LLC has settled U.S. Securities and Exchange Commission claims that the company made it difficult for a former employee and prospective workers to report potential securities law violations, the SEC said on Thursday.

  • September 26, 2024

    Religious Nonprofit Can Keep Refugee Aid Contracts For Now

    Michigan will abandon its bid for early termination of contracts awarded to a Christian adoption and refugee agency while the organization's lawsuit, alleging the state forced it to hire non-Christians to qualify for contracts, plays out in federal court.

  • September 26, 2024

    Feds Rip Railroads' 11th Circ. Bid To Void Train Crew Size Rule

    The U.S. Department of Transportation has told the Eleventh Circuit that its new train crew size rule is intended to promote rail safety, yet railroads have misconstrued the requirement and overblown their purported cost burdens in an effort to torpedo the rule.

  • September 26, 2024

    Google Happy Hour Counts As Work For Injured Employee

    A New York appeals panel held Thursday that a Google account executive was acting in the scope of his employment when he was hit by two e-bikes while traveling home from a team happy hour, granting workers' compensation benefits for his injuries. 

  • September 26, 2024

    Dartmouth Cites Loper Bright In Arguing Against Hoops Union

    The conclusion that Dartmouth College men's basketball players are employees under federal labor law shouldn't receive deference under the U.S. Supreme Court's Loper Bright decision, according to a filing from the university, with the school refuting that it illegally refused to bargain with the players' union.

  • September 26, 2024

    BigLaw Attys Have 'Knack' For Insulting Judges, Says Judge

    A Colorado federal judge on Thursday called out BigLaw attorneys for their "uncanny knack" of insulting the court in briefs, telling employment lawyers they appear more credible when acknowledging the case law against them rather than ignoring those arguments altogether.

  • September 26, 2024

    Ala. College Urges 11th Circ. To Grant Immunity In FMLA Suit

    The University of Alabama Board of Trustees urged the Eleventh Circuit on Thursday to reverse a lower court order allowing a former research associate's Family and Medical Leave Act complaint to proceed, arguing that it's entitled to sovereign immunity under the military caregiver provision of the law.

  • September 26, 2024

    New UFC Settlement Separates Cases, Ups Payout To $375M

    The UFC and its fighters have reached a revised settlement that upsizes the payout to $375 million, resolving a portion of their long dispute over wages and leaving claims from a similar class action unresolved, the organization said Thursday.

  • September 26, 2024

    11th Circ. Signals Fired Coach's Claim Can't Ride On Her Team

    An 11th Circuit panel signaled Thursday that the disparate funding of men's and women's collegiate athletic programs was likely not enough to sustain a fired Georgia Tech basketball coach's Title VII claim of sex-based discrimination against the program.

  • September 26, 2024

    Seton Hall, Ex-Prez Point Fingers On Who Broke Deal First

    Seton Hall University urged a New Jersey state judge Thursday to toss a whistleblower lawsuit by the school's former president, contending that the very filing of the suit broke his separation agreement that both sides willingly signed.

  • September 26, 2024

    Judge Tosses Hyundai EV Battery Trade Secrets Suit

    A California federal judge threw out a trade secrets suit brought against Hyundai Motor Co. by a startup company claiming it misappropriated its electric vehicle battery technology and violated a nondisclosure agreement, ruling that the Golden State is not the proper venue for the claims against the South Korean automaker.

  • September 26, 2024

    Senate Recesses Without Votes On Biden NLRB Nominees

    The Senate left Washington, D.C., on Wednesday night without plans to return before the November election, leaving two nominees key to the partisan balance on the National Labor Relations Board facing uncertain futures in the chamber.

  • September 26, 2024

    Amazon Worker Gets Trial In Military Leave Suit

    A Washington federal judge ejected one worker from a suit accusing Amazon of demoting or firing workers who took time off for military service, but teed up for trial another worker's claim alleging he was removed from consideration for a promotion after he said he was going to be deployed.

  • September 25, 2024

    Ex-Cognizant Worker Says Co. 'Mandate' Was To Hire Indians

    A former employee at Cognizant Technology testified Wednesday as a witness for a class of former employees alleging the company discriminates against non-Indian workers, and said he believes the company did not just have a preference for hiring workers from India through the H-1B visa program, but that it was "a mandate."

  • September 25, 2024

    4th Circ. Doubts H-2A Wage Rule Should Be Put On Ice

    A Fourth Circuit panel appeared reluctant on Wednesday to block the Biden administration's new wage rule for H-2A visa workers, doubting whether the rule should have accounted for illegal immigration and whether that issue was even properly before the court.

  • September 25, 2024

    Novel Labor Clause Ruling May Beg Scrutiny In Court

    A controversial demand from the Centers for Medicare and Medicaid Services for prospective contractors to recognize union organizing may stretch the limits of the government's required neutrality in contactors' labor disputes, and a ruling supporting it is likely to attract close scrutiny from courts.

  • September 25, 2024

    4th Circ. Says Firefighter's Race Bias Deal Is Pension Eligible

    The Fourth Circuit on Wednesday found the city of Charlotte in North Carolina should have deducted retirement funds from a former Black firefighter's race bias settlement, but said the same could not be true for another firefighter who never finalized a deal with the city.

  • September 25, 2024

    Lookback Window Claims Cut From Disney Sex Abuse Suit

    A California state court on Wednesday trimmed down a Walt Disney Co. employee's sexual assault lawsuit against the entertainment giant and one of its former longtime executives, holding that the case was filed after the state's one-year lookback window for sex abuse claims had expired.

  • September 25, 2024

    7th Circ. May Seek Ill. High Court Input In Amazon Wage Row

    A Seventh Circuit judge appeared inclined Wednesday to let the Illinois Supreme Court weigh in on whether Illinois' minimum wage law incorporates a similar limitation created by an amendment to the Fair Labor Standards Act that clarifies preliminary activities like COVID-19 screenings aren't compensable.

Expert Analysis

  • Questions Remain After 3rd Circ.'s NCAA Amateurism Ruling

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    The Third Circuit's recent holding that college athletes can be considered employees under the FLSA adds to the trend of student-athletes obtaining new legal status in collegiate athletics, but leaves key questions unanswered, including how the economics of the decision will be applied, say attorneys at Reed Smith.

  • Justices' Starbucks Ruling May Limit NLRB Injunction Wins

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    The U.S. Supreme Court’s recent decision in Starbucks v. McKinney, adopting a more stringent test for National Labor Relations Board Section 10(j) injunctions, may lessen the frequency with which employers must defend against injunctions alongside parallel unfair labor practice charges, say David Pryzbylski and Colleen Schade at Barnes & Thornburg.

  • Class Actions At The Circuit Courts: July Lessons

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    In this month's review of class action appeals, Mitchell Engel at Shook Hardy considers cases touching on pre- and post-conviction detainment conditions, communications with class representatives, when the American Pipe tolling doctrine stops applying to modified classes, and more.

  • Biden Policy Gives Employers New Ways To Help Dreamers

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    A new Biden administration immigration policy makes the process more predictable for Deferred Action for Childhood Arrivals recipients to seek employment visas, and, given uncertainties surrounding DACA’s future, employers should immediately determine which of their employees may be eligible, says Jennifer Kim at Moore & Van Allen.

  • How To Comply With Chicago's New Paid Leave Ordinance

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    Chicago's new Paid Leave and Paid Sick and Safe Leave Ordinance went into effect earlier this month, so employers subject to the new rules should update leave policies, train supervisors and deliver notice as they seek compliance, say Alison Crane and Sarah Gasperini at Jackson Lewis.

  • Opinion

    A Way Forward For The US Steel-Nippon Deal And Union Jobs

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    Parties involved in Nippon Steel's acquisition of U.S. Steel should trust the Pennsylvania federal court overseeing a key environmental settlement to supervise a way of including future union jobs and cleaner air for the city of Pittsburgh as part of a transparent business marriage, says retired judge Susan Braden.

  • How NJ Worker Status Ruling Benefits Real Estate Industry

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    In Kennedy v. Weichert, the New Jersey Supreme Court recently said a real estate agent’s employment contract would supersede the usual ABC test analysis to determine his classification as an independent contractor, preserving operational flexibility for the industry — and potentially others, say Jason Finkelstein and Dalila Haden at Cole Schotz.

  • Opinion

    H-2 Visas Offer Humane, Economic Solution To Border Crisis

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    Congress should leverage the H-2 agricultural and temporary worker visa programs to match qualified migrants with employers facing shortages of workers — a nonpolitical solution to a highly divisive humanitarian issue, say Ashley Dees and Jeffrey Joseph at BAL.

  • PAGA Reforms Encourage Proactive Employer Compliance

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    Recently enacted reforms to California's Private Attorneys General Act should make litigation under the law less burdensome for employers, presenting a valuable opportunity to streamline compliance and reduce litigation risks by proactively addressing many of the issues that have historically attracted PAGA claims, say attorneys at Mintz.

  • Opinion

    Now More Than Ever, Lawyers Must Exhibit Professionalism

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    As society becomes increasingly fractured and workplace incivility is on the rise, attorneys must champion professionalism and lead by example, demonstrating how lawyers can respectfully disagree without being disagreeable, says Edward Casmere at Norton Rose.

  • The Show Must Go On: Noncompete Uncertainty In Film, TV

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    The Federal Trade Commission has taken action to ban noncompetes while the entertainment industry is in the midst of a massive shift away from traditional media, so it is important for studio heads and content owners alike to understand the fate of the rule and their options going forward, say Christopher Chatham and Douglas Smith at Manatt.

  • 'Outsourcing' Ruling, 5 Years On: A Warning, Not A Watershed

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    A New York federal court’s 2019 ruling in U.S. v. Connolly, holding that the government improperly outsourced an investigation to Deutsche Bank, has not undercut corporate cooperation incentives as feared — but companies should not completely ignore the lessons of the case, say Temidayo Aganga-Williams and Anna Nabutovsky at Selendy Gay.

  • Series

    Serving In The National Guard Makes Me A Better Lawyer

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    My ongoing military experience as a judge advocate general in the National Guard has shaped me as a person and a lawyer, teaching me the importance of embracing confidence, balance and teamwork in both my Army and civilian roles, says Danielle Aymond at Baker Donelson.

  • Big Business May Come To Rue The Post-Administrative State

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    Many have framed the U.S. Supreme Court’s recent decisions overturning Chevron deference and extending the window to challenge regulations as big wins for big business, but sand in the gears of agency rulemaking may be a double-edged sword, creating prolonged uncertainty that impedes businesses’ ability to plan for the future, says Todd Baker at Columbia University.

  • A Midyear Forecast: Tailwinds Expected For Atty Hourly Rates

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    Hourly rates for partners, associates and support staff continued to rise in the first half of this year, and this growth shows no signs of slowing for the rest of 2024 and into next year, driven in part by the return of mergers and acquisitions and the widespread adoption of artificial intelligence, says Chuck Chandler at Valeo Partners.

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