Employment

  • November 05, 2024

    NJ Staffing Co. Says Rival Stole Employees And Trade Secrets

    Medical staffing agency Aequor Healthcare Services LLC alleged in New Jersey federal court that a rival startup poached three of its employees, and those employees stole confidential information on their way out the door, according to a lawsuit filed Monday.

  • November 05, 2024

    Audio Worker Says Flagging Ethical Concerns Got Him Fired

    An audio series platform reneged on a promise to offer full-time employment to an independent contractor after he raised concerns about discriminatory content the company was producing and then abruptly fired him when he asked about his promised employment contract, a lawsuit filed in California state court said.

  • November 05, 2024

    Justices Appear Wary Of Higher FLSA Evidence Standards

    The U.S. Supreme Court seemed skeptical of heightened evidence standards for the Fair Labor Standards Act overtime exemptions during oral arguments Tuesday, grilling workers' counsel about why such wage rights are more important than others.

  • November 05, 2024

    Timken Denies Firing Plant Manager Over DEI Push

    Ohio-based roller bearing manufacturer Timken has defended its decision to terminate a plant supervisor who claimed his beliefs about diversity, equity and inclusion led to his dismissal, saying the former boss was fired for poor leadership and that his DEI discussions fell outside Connecticut legal protections.

  • November 05, 2024

    Election Worker Allegedly Fired For Stewart Show Appearance

    A former polling center supervisor has alleged in Colorado federal court that she was fired by the Denver Clerk and Recorder's Office after appearing on "The Problem With Jon Stewart" in 2022 and expressing concerns about lack of training and threats against election officials.

  • November 05, 2024

    Harvard Can't End Suit Claiming Antisemitism On Campus

    Harvard University must face allegations that it was indifferent to antisemitic behavior on its campus in the wake of Hamas' Oct. 7, 2023, attack on Israel, a federal judge ruled Tuesday.

  • November 05, 2024

    9th Circ. Rules Biden Couldn't Spike Federal Contractor Wage

    The Federal Property and Administrative Services Act didn't authorize President Joe Biden to mandate a $15 blanket minimum wage for federal contractors, a split Ninth Circuit panel ruled Tuesday, reviving a challenge four states lodged against the government.

  • November 05, 2024

    Connecticut High Court Will Hear Atty's Suspension Appeal

    The Connecticut Supreme Court has agreed to hear an appeal of a personal injury and workers' compensation attorney's 90-day suspension for misconduct and consider whether he gave up his ability to argue that long delays in the proceedings violated his due process rights.

  • November 05, 2024

    Ascension Staff To Get Back Pay In COVID Vaccine Settlement

    Ascension Health Alliance will provide back pay for employees who were denied religious exemptions from its COVID-19 vaccine policy and suspended without pay, under a revamped settlement approved by a Michigan federal judge.

  • November 05, 2024

    Burden For Hearst May Override Vax Objection, 1st Circ. Hints

    A Boston television station may have been justified in firing a Hearst videographer who refused to get a COVID-19 vaccine during the pandemic even if the worker's religious objections were sincere, the First Circuit hinted during arguments Tuesday.

  • November 05, 2024

    Boeing Machinists Ratify New Contract, Ending Strike

    A majority of 33,000 Boeing employees represented by the Machinists union voted Monday to ratify a new labor contract that includes a 38% wage increase over four years, ending a nearly two-month strike that hampered Boeing's production and cash flow.

  • November 05, 2024

    Littler Adds To Litigation Bench With Ex-Fresno, Calif. Atty

    Employment firm Littler Mendelson PC announced that a former deputy attorney for the City of Fresno joined the firm's office in the city, adding that his government along with employment law experience will help its employer clients.

  • November 05, 2024

    5th Circ. Says Late EEOC Filing Dooms Race Bias Suit

    The Fifth Circuit shut down a race bias suit from a worker who said his supervisor referred to him by a racial slur, finding that the ex-worker filed his pre-suit U.S. Equal Employment Opportunity Commission charge too late.

  • November 05, 2024

    Calif. Basketball Referee Group Hit With PAGA Suit

    A California-based association training people to become basketball referees misclassified its instructors as independent contractors, cheating them out of wages and reimbursements, an instructor said in a Private Attorneys General Act suit filed in state court.

  • November 05, 2024

    Waste Co. Agrees To Settle Union Pension Withdrawal Suit

    A municipal waste company has agreed to resolve a Teamsters pension fund's lawsuit alleging that the company owes over $7.5 million to cover a predecessor's unpaid contributions, a New York federal judge said Tuesday.

  • November 05, 2024

    Ex-Fabiani Cohen Atty Fights To Preserve Discrimination Suit

    A Black female insurance and construction law attorney is urging a Manhattan federal judge not to toss her suit against her former firm, Fabiani Cohen & Hall LLP, arguing that though she was an equity owner, she was still an employee who could bring claims.

  • November 05, 2024

    On The Ground: How Attorneys Safeguarded The Election

    Attorneys worked tirelessly Tuesday to support citizens and election workers on the final day of voting in one of history's most contentious presidential contests.

  • November 04, 2024

    Paralegal Loses ADA Suit Over Firm's Vax Status Disclosure

    A Pennsylvania federal judge on Monday freed a personal injury firm from a former paralegal's claims that it unlawfully publicized her COVID-19 vaccination status, saying the paralegal herself made her vaccination status public when she opposed the vaccine outside the confines of an employer-initiated medical inquiry.

  • November 04, 2024

    NCAA Baseball Coaches Seek Class Cert. In Wage-Fix Case

    Division I volunteer baseball coaches asked a California federal judge to certify their proposed antitrust class action challenging the NCAA's since-repealed "uniform wage fix" bylaw that paid volunteer coaches nothing, which prevented them from getting compensated their market value for their services.

  • November 04, 2024

    New Panel Not Needed In NLRB Row, Exxon Tells 5th Circ.

    A Fifth Circuit panel questioned ExxonMobil's assertion that it could keep the same National Labor Relations Board panel makeup besides a board member flagged for conflict of interest, telling Exxon there was "good reason" for a completely new panel during oral arguments Monday.

  • November 04, 2024

    DOD Trans Healthcare Denial Discriminates, Judge Rules

    A Maine federal judge ruled Monday that the U.S. Department of Defense's denial of healthcare coverage for two transgender women's gender-confirmation surgeries violates the Fifth Amendment's equal protection clause, finding that the way the department applied a statutory exclusion discriminated based on sex and transgender status.

  • November 04, 2024

    Startup Beats $460M Cancer Trade Secrets Case In Delaware

    In front of a federal jury in Delaware, a California biotech startup has defeated a nearly $460 million trade secrets case from a rival that claimed the startup's co-founder helped himself to confidential information regarding cancer treatment antibodies while employed as an expert in an unrelated international arbitration proceeding.

  • November 04, 2024

    Former Curaleaf VP Sues Over Pay Bias, Sexual Harassment

    A former executive at Curaleaf is suing the cannabis dispensary giant for discrimination and sexual harassment, claiming in Massachusetts federal court the company paid her white C-suite peers more money and ultimately sidelined her after she spoke out about male colleagues' lewd and racist remarks.

  • November 04, 2024

    Finance Cos. Can't Prove Trade Secret Theft, Conn. Court Told

    A Connecticut financial adviser denied stealing trade secrets from his former firm and improperly accessing its computer systems after he resigned to run his own company, telling a state court that his onetime employer and its affiliates cannot prove the allegations in a lawsuit they brought against him.

  • November 04, 2024

    Top Swimming Body Wants 9th Circ. Redo In Antitrust Case

    Swimming's international governing body has asked the Ninth Circuit to rethink a decision that revived a pair of lawsuits brought by a trio of swimmers and a swimming league claiming the governing body's boycott violated antitrust laws.

Expert Analysis

  • 11th Circ. Ruling Offers Refresher On 'Sex-Plus' Bias Claims

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    While the Eleventh Circuit’s recent ruling in McCreight v. AuburnBank dismissed former employees’ sex-plus-age discrimination claims, the opinion reminds employers to ensure that workplace policies and practices do not treat a subgroup of employees of one sex differently than the same subgroup of another sex, say attorneys at Bradley Arant.

  • Lawyers With Disabilities Are Seeking Equity, Not Pity

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    Attorneys living with disabilities face extra challenges — including the need for special accommodations, the fear of stigmatization and the risk of being tokenized — but if given equitable opportunities, they can still rise to the top of their field, says Kate Reder Sheikh, a former attorney and legal recruiter at Major Lindsey & Africa.

  • 8 Phrases Employers May Hear This Election Season

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    From sentiments about the First Amendment to questions about political paraphernalia, attorneys at Venable discuss several scenarios related to politics and voting that may arise in the workplace as election season comes to a head, and share guidance for handling each.

  • Employer Lessons From Mass. 'Bonus Not Wages' Ruling

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    In Nunez v. Syncsort, a Massachusetts state appeals court recently held that a terminated employee’s retention bonus did not count as wages under the state’s Wage Act, illustrating the nuanced ways “wages” are defined by state statutes and courts, say attorneys at Segal McCambridge.

  • Opinion

    Judicial Committee Best Venue For Litigation Funding Rules

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    The Advisory Committee on Civil Rules' recent decision to consider developing a rule for litigation funding disclosure is a welcome development, ensuring that the result will be the product of a thorough, inclusive and deliberative process that appropriately balances all interests, says Stewart Ackerly at Statera Capital.

  • Employment Verification Poses Unique Risks For Staffing Cos.

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    All employers face employee verification issues, but a survey of recent settlements with the U.S. Department of Justice's Immigrant and Employee Rights Section suggests that staffing companies' unique circumstances raise the chances they will be investigated and face substantial fines, says Eileen Scofield at Alston & Bird.

  • The Strategic Advantages Of Appointing A Law Firm CEO

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    The impact on law firms of the recent CrowdStrike outage underscores that the business of law is no longer merely about providing supplemental support for legal practice — and helps explain why some law firms are appointing dedicated, full-time CEOs to navigate the challenges of the modern legal landscape, says Jennifer Johnson at Calibrate Strategies.

  • Series

    After Chevron: The Future Of OSHA Enforcement Litigation

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    The U.S. Supreme Court's opinion in Loper Bright provides a blueprint for overruling the judicial obligation to defer to an agency's interpretation of its own regulations established by Auer, an outcome that would profoundly change the Occupational Safety and Health Administration’s litigation and rulemaking landscape, say attorneys at Ogletree.

  • Inside FTC's Decision To Exit Key Merger Review Labor Memo

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    Despite the Federal Trade Commission's recent withdrawal from a multiagency memorandum of understanding to step up enforcement of labor issues in merger investigations, the antitrust agencies aren't likely to give up their labor market focus, say attorneys at Stinson.

  • Insights From Calif. Public Labor Board's Strike Rights Ruling

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    The California Public Employment Relations Board's recent rejection of a school district's claim that public employees have no right to conduct unfair labor practice strikes signals its interest in fortifying this central labor right — and warns employers to approach potentially protected behavior with caution, say attorneys at Atkinson Andelson.

  • 7 Tips To Help Your Witness Be A Cross-Exam Heavyweight

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    Because jurors tend to pay a little more attention to cross-examination, attorneys should train their witnesses to strike a balance — making it tough for opposing counsel to make their side’s case, without coming across as difficult to the jury, says Ken Broda-Bahm at Persuasion Strategies.

  • Series

    Beekeeping Makes Me A Better Lawyer

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    The practice of patent law and beekeeping are not typically associated, but taking care of honeybees has enriched my legal practice by highlighting the importance of hands-on experience, continuous learning, mentorship and more, says David Longo at Oblon McClelland.

  • Navigating The Last Leg Of The Worker Retention Tax Credit

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    Whether a business has applied for the pandemic-era employee retention tax credit, received a denial letter or is still considering making a claim before the April 15 deadline, it should examine recent developments significantly affecting the program before planning next steps, say attorneys at Nixon Peabody.

  • Amazon Holiday Pay Case Underscores Overtime Challenges

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    The recent Hamilton v. Amazon.com Services LLC decision in the Colorado Supreme Court underscores why employers must always consult applicable state law and regulations — in addition to federal law — when determining how to properly pay employees who work more than 40 hours in a workweek, says James Looby at Vedder Price.

  • Insurance Considerations For Cos. That May Face Strikes

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    The recent surge in major work stoppages in the U.S. highlights the growing importance of strike preparedness for businesses, which includes understanding strike insurance coverage options, say Chris D’Amour and Brooke Duncan at Adams and Reese.

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