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Employment
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August 22, 2024
Kroger-Albertsons Wrong On Labor Law In FTC Row: NLRB
The National Labor Relations Board used an amicus brief Wednesday to call out Kroger and Albertsons for their "mistaken" citation to labor law as a defense against Federal Trade Commission claims that the grocery giants' $25 billion megamerger threatens union bargaining leverage.
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August 22, 2024
Fisher Phillips Brings Smith Gambrell Atty To DC Gov't Team
Fisher Phillips' new D.C.-based agriculture employment partner has practiced several types of law throughout his career, and told Law360 Pulse Thursday that his employment law career started unexpectedly after a managing partner at one of his first firms called out sick before an interview.
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August 22, 2024
Mich. Says Justices' Minimum Wage Ruling Lacks Detail
The state of Michigan is seeking clarification from its high court on how to calculate the new minimum wage, saying there were several possible interpretations of the court's recent directive to account for inflation in the wage floor.
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August 22, 2024
IT Staffing Co. Can't Push Unpaid OT Suit Into Arbitration
A California federal judge refused to send to arbitration a class action accusing a tech staffing company of underpaying recruiters by misclassifying them as overtime-exempt, saying the company's establishment of the arbitration pact two years into the litigation was misleading and unfair.
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August 22, 2024
Nonprofit Beats Ill. Teachers Union's Election Meddling Suit
An Illinois federal judge tossed litigation claiming an education policy nonprofit meddled in a Chicago Teachers Union election, saying the sections of the Labor-Management Reporting and Disclosure Act the union sued under do not authorize lawsuits by private parties.
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August 22, 2024
Ex-Delta Attendant Can't Revive Rape Suit, Split 1st Circ. Says
A divided panel of the First Circuit has affirmed a summary judgment win for Delta Air Lines in a suit brought in Massachusetts by a former flight attendant who claimed the airline botched its investigation into her allegations that she was raped by a pilot.
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August 22, 2024
Au Pair Co. Tells 1st Circ. Arbitration Bid Came In Time
An au pair company told the First Circuit that forcing it to advance arbitration efforts before filing a response in a wage suit would conflict with a U.S. Supreme Court's ruling tackling the timing of arbitration requests.
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August 22, 2024
Pa. Welders, Attys Get Final OK On $970K Drive Time Deal
A Pennsylvania state court gave final approval Thursday to a $970,000 settlement, including $355,000 in attorney fees, to resolve workers' claims that Great American Welding Co. owed them pay for the time they spent shuttling between satellite parking lots and Shell's petrochemical cracker plant in southwestern Pennsylvania.
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August 22, 2024
Philadelphia Police Dept. Withheld OT, Ranking Officers Say
The Philadelphia Police Department failed to notify ranking officers that they were eligible to receive overtime pay for authorized emergency work, resulting in these employees losing out on thousands of hours' worth of compensation, a proposed class action filed in Pennsylvania federal court said.
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August 21, 2024
Tech Cos. Duck Proposed Calif. Bill Via News Funding Deal
Major tech companies, including Google, agreed Wednesday to pay roughly $250 million into a fund that proponents say would support newsrooms across California in a deal that avoids a proposed regulation that would've forced Big Tech to pay the state's media organizations for distributing news content.
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August 21, 2024
FDIC Taps MoFo Atty To Monitor Workplace Transformation
The Federal Deposit Insurance Corp. announced Wednesday that it has appointed a former prosecutor and veteran Morrison & Foerster LLP partner to serve as an independent monitor during the agency's efforts to revamp its workplace culture.
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August 21, 2024
IBM Incentivizes Biased Hiring, Ousted White Male Worker Says
IBM financially incentivizes and pressures corporate leadership to hire people based on their race and gender, according to a new suit filed in Michigan federal court by a former IBM employee who claims he was unlawfully fired for being a "double whammy" white male.
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August 21, 2024
FTC Fails 1st Test Of Rulemaking Push In Noncompetes Loss
The Federal Trade Commission suffered its first definitive loss Tuesday in the push to ban employment noncompete agreements, although the decision probably isn't the final word given a likely appeal and two other pending challenges also viewed as a test of the agency's efforts to expand its rulemaking footprint.
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August 21, 2024
Union Health Plan Trustees Can't Avoid Fee Claim, Judge Says
Trustees of a UNITE HERE health plan can't topple a group of Southern California workers' claims that they are facing higher administrative expenses compared to another group of workers in Las Vegas, an Illinois federal court ruled Wednesday.
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August 21, 2024
Ga. City Asks Full 11th Circ. To Review Race Bias Suit Revival
A southern Georgia city is urging the full Eleventh Circuit to reconsider a panel decision that revived a white city manager's lawsuit claiming it unlawfully fired him to hire a Black woman, arguing the panel improperly extended the alleged discriminatory intent of one Black city commissioner onto other Black commissioners.
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August 21, 2024
6th Circ. Says Fired Worker's Asthma Not Covered By ADA
A split Sixth Circuit panel on Wednesday backed the dismissal of an asthmatic worker's suit claiming an entertainer management firm unlawfully fired her for requesting to telework during the COVID-19 pandemic, saying she hadn't shown that her condition triggered the federal disability bias law's protection.
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August 21, 2024
Cannabinoid Co. Sacked Exec For Flagging Fraud, Suit Says
Psychedelics and cannabinoid company Benuvia Operations has been hit with a wrongful termination lawsuit in Colorado state court filed by a woman who claims management retaliated against her after flagging millions of dollars in misappropriated funds.
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August 21, 2024
Ex-College Dean Scores $3.9M Jury Verdict In Retaliation Suit
A Pennsylvania university, the system that oversees it and two university administrators must pay over $3.9 million to a former business school dean who claimed he was fired for helping an administrative assistant report sexual harassment, after a federal judge accepted a jury's award Wednesday.
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August 21, 2024
Dartmouth's Refusal To Bargain Is Illegal, Hoops Union Says
The union representing men's basketball players at Dartmouth College accused the university of illegally refusing to negotiate, according to an unfair labor practice charge obtained by Law360 on Wednesday, as the school aims to challenge in federal court whether collegiate athletes are employees under federal labor law.
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August 21, 2024
Investment Firm, Ex-Advisers Settle Dispute Over Clients
Mercer Global Advisors and former investment advisers accused of stealing clients and starting a competing firm have told a Florida state court that they have settled their dispute just before trial.
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August 21, 2024
Judge Bars DOD Policy Blocking HIV-Positive Enlistees
A Virginia federal judge has struck down a U.S. Department of Defense policy barring HIV-positive people from joining the military, saying the DOD had failed to take current scientific evidence on HIV treatment and transmission into account.
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August 21, 2024
NC Biz Court Bulletin: Wrinkle In Textile Family's $17M Fight
The fate of a $17 million trust battled over by its trustees and Atrium Health, as well as attorney fees in a $1.1 million data breach settlement were cemented by the North Carolina Business Court in the first half of August. In case you missed those and others, here are the highlights.
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August 21, 2024
9th Circ. Doubts Idaho Trans Health Ban Doesn't Discriminate
The Ninth Circuit appeared reluctant Wednesday to give the state of Idaho a green light for a prohibition on gender dysphoria treatment for minors, with judges vocally skeptical of the state's argument that the policy didn't discriminate based on sex.
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August 21, 2024
Cleaning Co., H-2B Workers Seek Final OK For Wage Deal
A group of 41 migrant housekeepers and a cleaning contractor asked a Colorado federal court Wednesday to give final approval to the $400,000 deal they reached to end claims of wage and visa law violations, including threats of deportation.
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August 21, 2024
Staffing Co. Can't Duck Class Claims In Biometric Privacy Row
An Illinois federal judge ruled Monday that a staffing company must face most claims brought by employees alleging it violated Illinois' biometric privacy law by collecting their fingerprints for timekeeping without first securing their written, informed consent, and said it would be premature to grant the company's bid to strike the class allegations.
Expert Analysis
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12 Keys To Successful Post-Trial Juror Interviews
Post-trial interviews offer attorneys an avenue to gain valuable insights into juror decision making and get feedback that can inform future litigation strategies, but certain best practices must be followed to get the most out of this research tool, say Alexa Hiley and Brianna Smith at IMS Legal.
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How Employers, Attorneys Can Respond To Noncompete Ban
As the Federal Trade Commission's recently issued noncompete ban faces ongoing legal challenges, now is a good time for employers to consider whether they want to take a wait-and-see approach before halting use of noncompetes and for practitioners to gain insight into other tools available to protect their clients' business interests, says Jennifer Platzkere Snyder at Dilworth Paxson.
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Perspectives
Trauma-Informed Legal Approaches For Pro Bono Attorneys
As National Trauma Awareness Month ends, pro bono attorneys should nevertheless continue to acknowledge the mental and physical effects of trauma, allowing them to better represent clients, and protect themselves from compassion fatigue and burnout, say Katherine Cronin at Stinson and Katharine Manning at Blackbird.
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Cos. Must Stay On Alert With Joint Employer Rule In Flux
While employers may breathe a sigh of relief at recent events blocking the National Labor Relations Board's proposed rule that would make it easier for two entities to be deemed joint employers, the rule is not yet dead, say attorneys at Day Pitney.
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4 Arbitration Takeaways From High Court Coinbase Ruling
The U.S. Supreme Court's May 23 decision in Coinbase v. Suski, which provides clarity to parties faced with successive contracts containing conflicting dispute resolution provisions, has four practical impacts for contracting parties to consider, say Charles Schoenwetter and Eric Olson at Bowman and Brooke.
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Series
Playing Music Makes Me A Better Lawyer
My deep and passionate involvement in playing, writing and producing music equipped me with skills — like creativity, improvisation and problem-solving — that contribute to the success of my legal career, says attorney Kenneth Greene.
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Lessons In High-Profile Jury Selection Amid NY Trump Trial
Richard Gabriel and Michelle Rey LaRocca at Decision Analysis consider how media exposure can affect a prospective juror in a high-profile case, the misunderstood nature of bias, and recommendations for jury selection in these unique situations as the Trump hush money trial continues in New York.
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How Attys Can Avoid Pitfalls When Withdrawing From A Case
The Trump campaign's recent scuffle over its bid to replace its counsel in a pregnancy retaliation suit offers a chance to remind attorneys that many troubles inherent in withdrawing from a case can be mitigated or entirely avoided by communicating with clients openly and frequently, says Christopher Konneker at Orsinger Nelson.
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One Contract Fix Can Reduce Employer Lawsuit Exposure
A recent Fifth Circuit ruling that saved FedEx over $365 million highlights how a one-sentence limitation provision on an employment application or in an at-will employment agreement may be the easiest cost-savings measure for employers against legal claims, say Sara O'Keefe and William Wortel at BCLP.
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Using A Children's Book Approach In Firm Marketing Content
From “The Giving Tree” to “Where the Wild Things Are,” most children’s books are easy to remember because they use simple words and numbers to tell stories with a human impact — a formula law firms should emulate in their marketing content to stay front of mind for potential clients, says Seema Desai Maglio at The Found Word.
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The State Of Play In DEI And ESG 1 Year After Harvard Ruling
Almost a year after the U.S. Supreme Court decided Students for Fair Admissions v. Harvard, attorney general scrutiny of environmental, social and governance-related efforts indicates a potential path for corporate diversity, equity and inclusion initiatives to be targeted, say attorneys at Crowell & Moring.
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FTC Noncompete Rule Risks A Wave Of State AG Actions
The Federal Trade Commission's final rule language banning noncompetes may contribute to a waterfall enforcement effect in which state attorneys general deploy their broad authority to treat noncompetes as separate and independent violations, say Ryan Strasser and Carson Cox at Troutman Pepper.
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How To Use Exhibits Strategically Throughout Your Case
Exhibits, and documents in particular, are the lifeblood of legal advocacy, so attorneys must understand how to wield them effectively throughout different stages of a case to help build strategy, elevate witness preparation and effectively persuade the fact-finders, say Allison Rocker at Baker McKenzie and Colorado prosecutor Adam Kendall.
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Series
Being An EMT Makes Me A Better Lawyer
While some of my experiences as an emergency medical technician have been unusually painful and searing, the skills I’ve learned — such as triage, empathy and preparedness — are just as useful in my work as a restructuring lawyer, says Marshall Huebner at Davis Polk.
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Behind Court Challenges To The FTC's Final Noncompete Rule
The Federal Trade Commission's recent final rule banning noncompetes may not go into effect any time soon amid a couple of Texas federal court challenges seeking to bar the rule's implementation, which will likely see appeals all the way to the U.S. Supreme Court, says Michael Elkins at MLE Law.