Employment

  • 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.

  • September 25, 2024

    Ascension Must Face Additional Suit Over Vaccine Mandate

    Ascension Health Alliance must face another proposed class action challenging its 2021 COVID-19 vaccination policy, an Indiana federal judge ruled Wednesday, holding that a group of workers who were suspended or fired after refusing the vaccine on religious grounds have a case against the Catholic healthcare system.

  • September 25, 2024

    Mass. Police Officers Sue Over Cost Of Prep For Biased Exam

    A group of Massachusetts police officers say they should be reimbursed for the costs of preparing for 2022 promotional exams that were administered in the midst of a trial where similar tests were ultimately found to be biased against Black and Hispanic officers.

  • September 25, 2024

    NFL's Race Bias Arbitrator Is Not Impartial, Ex-Coach Argues

    The attorneys for former NFL head coach Brian Flores have warned the Second Circuit, which is hearing the league's appeal of a lower court decision keeping part of his proposed racial discrimination class action in federal court, that the NFL's choice of an arbitrator for the rest of his dispute is "an attempt to falsely create an appearance of impartiality."

  • September 25, 2024

    Nexstar Must Face Journalists' Pride Memo Defamation Suits

    Nexstar Media Group can't shake defamation lawsuits filed by two television news station managers who were fired after they disseminated an internal memo telling reporters to be balanced in their Pride Month coverage, a Michigan federal judge has ruled.

  • September 25, 2024

    Ex-NBA Pro Who Admitted Benefits Fraud Can Play Overseas

    A New York federal judge Wednesday gave a former Philadelphia 76ers guard, who admitted to being part of a scheme to defraud the NBA's benefits plan, permission to travel to Uruguay so he can play professionally there.

  • September 25, 2024

    US Steel Clears One Hurdle In $14B Nippon Steel Deal

    An arbitration board has sided with U.S. Steel amid its union's challenge to a planned $14.9 billion acquisition by Nippon Steel, clearing one hurdle while Nippon continues fighting on another front for approval from the Committee on Foreign Investment in the U.S.  

  • September 25, 2024

    Car Dealer Admitted It Won't Hire Women In Sales, Suit Says

    A woman who applied to work for a Duluth, Georgia, car dealership is suing the company for discrimination, claiming it hired a less qualified man after a sales manager had told her it stopped hiring women as salespeople after a woman working in that role sued it for sexual harassment.

  • September 25, 2024

    Wash. Hospital System Misclassifies Workers, Nurse Says

    A Washington-based hospital operator misclassified its workers as independent contractors and underpaid them for their overtime as a result, a registered nurse said in a proposed class and collective action in Washington federal court.

  • September 25, 2024

    Workplace Protections Bill For Judiciary Reintroduced

    Lawmakers from both parties and chambers announced on Wednesday they've reintroduced a bill to increase workplace protections for federal judiciary employees.

  • September 25, 2024

    Jones Day Must Face Ex-Firm Attys' Parental Leave Suit

    Jones Day will have to defend its parental leave policy at trial, after a D.C. federal judge declined on Wednesday to shut down a long-running suit filed by two married ex-associates that claims the firm discriminates by offering female attorneys more leave than male attorneys.

  • September 25, 2024

    Ogletree Lands Seyfarth Employment Atty In Chicago

    Labor and employment firm Ogletree Deakins Nash Smoak & Stewart PC has grown its Chicago office with the addition of a Seyfarth Shaw LLP partner.

  • September 25, 2024

    Ex-American Airlines Pilot Cleared In Sex Assault Trial

    A California federal jury on Wednesday cleared a former American Airlines pilot of liability in a civil lawsuit alleging he sexually assaulted two flight attendants at a hotel during a round-trip journey between Los Angeles and São Paulo, Brazil.

  • September 25, 2024

    Cargo Airline Strikes $84K Deal To End DOL Equal Pay Probe

    A cargo airline has agreed to pay female workers more than $84,000 in back wages and interest to resolve a U.S. Department of Labor investigation alleging it paid them less than their male counterparts, the federal agency announced.

  • September 25, 2024

    St. Thomas Law School Hit With Law Prof's Defamation Suit

    A professor at Miami's St. Thomas Law School has sued the institution in Florida state court, claiming it disseminated defamatory statements about her to a reporter for a story about her reinstatement following a wrongful termination.

  • September 25, 2024

    10th Circ. Revives Amazon Worker's Overtime Suit

    The Tenth Circuit on Wednesday flipped a district court decision tossing an overtime suit against Amazon, saying that the Colorado Supreme Court's ruling that holiday pay must be part of overtime calculations solves a worker's appeal.

  • September 24, 2024

    Full 9th Circ. Vaporizes First-To-File Precedent For FCA Suits

    The full Ninth Circuit on Tuesday overruled circuit precedent and held that the so-called first-to-file rule governing False Claims Act cases is not jurisdictional, meaning that courts can't toss a whistleblower action on jurisdictional grounds rooted in the first-to-file provision.

  • September 24, 2024

    Aristocrat Wins Injunction In Slot Machine Trade Secret Row

    A federal judge in Las Vegas blocked gambling game company Light & Wonder Inc. from commercializing its Dragon Train video slot machine game, saying competitor Aristocrat Technologies Inc. is "extremely likely" to succeed in showing L&W misappropriated Aristocrat's trade secrets in developing the game.

  • September 24, 2024

    Chance Cognizant Didn't Discriminate Is '1 In A Billion,' Jury Told

    An attorney for a class of former Cognizant Technology employees alleging the company discriminated against non-South Asian and non-Indian employees told a jury during opening statements of a retrial Tuesday that the probability Cognizant's behavior wasn't racially biased is about one in a billion.

  • September 24, 2024

    Fired United Rentals Worker Denies Competing In New Job

    United Rentals Inc. cannot show that it suffered irreparable harm when an ex-employee started working for a new company after he was fired, and even if it could, his noncompete agreement is unenforceable, the worker said in a filing in Connecticut state court that seeks to stave off a preliminary injunction.

Expert Analysis

  • Firms Must Offer A Trifecta Of Services In Post-Chevron World

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    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.

  • 5 Tips To Succeed In A Master Of Laws Program And Beyond

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    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.

  • NYC Wage Info Bill Highlights Rise In Pay Transparency Laws

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    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.

  • When Trauma Colors Testimony: How To Help Witnesses

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    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.

  • Series

    Being An Opera Singer Made Me A Better Lawyer

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    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.

  • How Law Firms Can Avoid 'Collaboration Drag'

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    Law firm decision making can be stifled by “collaboration drag” — characterized by too many pointless meetings, too much peer feedback and too little dissent — but a few strategies can help stakeholders improve decision-making processes and build consensus, says Steve Groom at Miles Mediation.

  • Workday AI Bias Suit Suggests Hiring Lessons For Employers

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    As state laws and a federal agency increasingly focus on employment bias introduced by artificial intelligence systems, a California federal court's recent decision to allow a discrimination suit to proceed against Workday's AI-driven recruitment software, shows companies should promptly assess these tools' risks, say attorneys at Williams & Connolly.

  • When The Supreme Court Gives You Lemons, Make Lemonade

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    Instead of grousing about the U.S. Supreme Court’s recent decisions overturning long-standing precedents, attorneys should look to history for examples of how enterprising legal minds molded difficult decisions to their advantage, and figure out how to work with the cards they’ve been dealt, says Reuben Guttman at Guttman Buschner.

  • What BIPA Reform Law Means For Biometrics Litigation

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    A recently signed Illinois law amending the Biometric Information Privacy Act limits defendants' liability exposure on a per-scan basis and clarifies that electronic signatures constitute a valid written release, establishing additional issues that courts will need to address in future BIPA litigation, say attorneys at Faegre Drinker.

  • How Anti-DEI Bill Could Affect Employers' Diversity Efforts

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    Sen. J.D. Vance's recently introduced Dismantle DEI Act would substantially limit employers’ ability to implement and promote workplace diversity, equity and inclusion, but there are still steps employers can take to support a diverse workforce, says Peter Ennis at Cozen O’Connor.

  • Opinion

    Proposed Law Would Harm NYC Hospitality Industry

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    A recently proposed New York City Law that would update hotel licensing and staff coverage requirements could give the city commissioner and unions undue control over the city's hospitality industry, and harm smaller hotels that cannot afford full-time employees, says Stuart Saft at Holland & Knight.

  • Opinion

    Litigation Funding Disclosure Key To Open, Impartial Process

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    Blanket investor and funding agreement disclosures should be required in all civil cases where the investor has a financial interest in the outcome in order to address issues ranging from potential conflicts of interest to national security concerns, says Bob Goodlatte, former U.S. House Representative for Virginia.

  • Comparing 5 Administrators' Mass Arbitration Procedures

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    Attorneys at DLA Piper compare the rules for mass arbitrations at five different arbitration providers — Judicial Arbitration and Mediation Services, American Arbitration Association, National Arbitration and Mediation, FedArb and New Era ADR — including their triggers, claim screening procedures, how and when they assess fees, and more.

  • What NFL Draft Picks Have In Common With Lateral Law Hires

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    Nearly half of law firm lateral hires leave within a few years — a failure rate that is strikingly similar to the performance of NFL quarterbacks drafted in the first round — in part because evaluators focus too heavily on quantifiable metrics and not enough on a prospect's character traits, says Howard Rosenberg at Baretz+Brunelle.

  • Calif. Ruling Clarifying Paystub Compliance Is Win For Cos.

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    In rare good news for California employers, the state Supreme Court recently clarified that workers couldn’t win extra penalties in wage and hour cases by claiming their employer intentionally violated state paystub law if the employer believed it had complied in good faith, say Drei Munar and Kirk Hornbeck at Hunton.

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