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Employment
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August 15, 2024
6th Circ. Finds Biden Had Power To Fire Former NLRB GC
President Joe Biden lawfully fired former National Labor Relations Board general counsel Peter Robb more than three years ago, the Sixth Circuit ruled, with the appeals court saying removal protections for the agency's top prosecutor would affect the official's accountability to the president.
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August 15, 2024
Calif. Justices Find Hospital System Exempt From Labor Code
A hospital system a California county created is a public entity that is not required to follow the California Labor Code's meal and rest break requirements, the state's high court ruled Thursday, nixing an appellate panel's ruling against the entity.
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August 15, 2024
4th Circ. Won't Revive Interpreters' Unpaid Wages Suit
The Fourth Circuit declined Thursday to reinstate a lawsuit two Nepalese-English interpreters brought against a government contractor accusing it of failing to pay them overtime wages, saying the Maryland laws they sued under don't apply to their case because they worked in Afghanistan.
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August 15, 2024
Fla.'s The Villages Exempted From FTC Noncompete Ban
A Florida retirement community's real estate broker will be exempt when the Federal Trade Commission's noncompete ban goes into effect next month, under a limited injunction imposed by a federal judge who recognized the agency's rulemaking powers but said they go too far here.
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August 15, 2024
Ill. Health Center Challenges NLRB Constitutionality
An Illinois health center on Wednesday filed the latest constitutional challenge to the National Labor Relations Board, urging an Illinois federal judge to block an NLRB prosecution over its decision to fire employees who allegedly provided fake Social Security numbers when they were hired.
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August 15, 2024
Caterpillar Must Face Illinois Ex-Workers' Genetic Privacy Suit
Caterpillar Inc. can't escape a proposed class action alleging it violated an Illinois genetic information privacy statute by asking job applicants about their family medical history, a federal judge ruled, rejecting the machinery manufacturer's assertion that it didn't intend to collect the data.
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August 15, 2024
Sheriff's Office Workers Want Wage Payment Suit Kept Alive
Detention center employees urged a North Carolina federal court to reject a sheriff's office's bid to toss their wage and hour class action, saying its argument that it pays workers in line with federal regulations for employees whose hours change weekly doesn't apply to them.
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August 15, 2024
Full 11th Circ. To Weigh Georgia Deputy's Trans Health Win
The Eleventh Circuit agreed Thursday to a full-court rehearing of an appeal from Georgia county officials looking to overturn a deputy's win in her suit alleging a health plan coverage exclusion for gender-affirming surgery violated federal anti-discrimination law.
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August 15, 2024
NLRB Seeks Injunction Against Pittsburgh Paper Amid Strike
National Labor Relations Board prosecutors are pursuing an injunction against the Pittsburgh Post-Gazette in federal court, saying the newspaper's bad faith bargaining and refusal to maintain workers' healthcare during a nearly two-year-long strike warrants an order compelling the newspaper to bargain with its four unions.
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August 15, 2024
Ex-Morelli Atty Says Sex Assault Claims Waived In Settlement
Morelli Law Firm PLLC and its founding partner Benedict Morelli settled sexual assault allegations from an associate at its predecessor firm, Morelli Ratner PC, before she filed suit against fellow named partner David Ratner, according to a motion Ratner filed in New York state court Tuesday seeking a copy of the settlement.
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August 15, 2024
Ga. Judge Rejects Sysco, Warehouse Workers' OT Settlement
A Georgia federal judge shot down a deal to end a former Sysco employee's proposed collective action claiming the company failed to pay warehouse workers' overtime, saying the settlement must reflect the "active participation" of the other workers involved in the suit.
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August 15, 2024
NJ Court Urged To Toss All Of Ex-Elections Chief's Claims
New Jersey Gov. Phil Murphy has again asked a Garden State trial court judge to dismiss a lawsuit claiming he conspired with top staffers to oust the state's former elections chief, arguing that as government officials, the defendants are all entitled to qualified immunity.
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August 15, 2024
NY Asks Top Court To Nix Ruling Against Ethics Commission
The Office of the New York State Attorney General has submitted a brief urging the state's highest court to reverse a finding against an ethics commission that former Gov. Andrew Cuomo convinced a state court was unconstitutional.
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August 15, 2024
Washington Nationals, Ex-Scout Drop Vaccine Mandate Fight
The Washington Nationals and a former scout accusing the team of firing him for seeking a religious exemption to a COVID-19 vaccine requirement have agreed to end a two-year legal fight, according to D.C. federal court documents filed Thursday.
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August 15, 2024
Ga. Man Accused Of Trying To Steal $1.9M In COVID Funds
A Georgia man was indicted in a scheme to steal $1.9 million in pandemic relief money and accused of wire fraud, submitting fraudulent federal tax returns and stealing dozens of Social Security numbers, the U.S. Department of Justice announced Wednesday.
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August 15, 2024
Norfolk Southern Engineer Asks 3rd Circ. To Revive ADA Suit
A train conductor urged the Third Circuit to reinstate his disability bias suit claiming he was unlawfully disqualified from his position because of his history of seizures, saying Norfolk Southern Railway Co. and a lower court ignored evidence that he could safely perform his job.
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August 15, 2024
Harvard, Grad Students Settle Sexual Harassment Case
Harvard University and a group of doctoral students in its anthropology program have reached a settlement in a sexual harassment lawsuit alleging the school ignored a now-retired professor's misconduct, according to a Wednesday federal court filing.
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August 14, 2024
Tesla Factory Race Bias Class Action Will Go To Trial In 2025
A California judge said at a case management conference Wednesday that a certified class action by Black workers alleging Tesla allowed racial discrimination to run rampant will go to trial in 2025, noting the plaintiff sued in 2017 and "everybody, the plaintiffs and the defense, needs to have closure on these issues."
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August 14, 2024
Holland & Knight Out, Polsinelli In For Tesla After Atty Moves
As Holland & Knight LLP steps out of the U.S. Equal Employment Opportunity Commission's lawsuit alleging Tesla allowed rampant racism to overtake a California factory, a California federal judge allowed Polsinelli PC to step in as the electric carmaker's counsel after three attorneys switched to the incoming firm.
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August 14, 2024
Doctor Loses Challenge To Nursing Home's Vax Policy
A New Jersey federal judge on Wednesday tossed a CareOne doctor's challenge to the nursing home operator's COVID-19 vaccine mandate, saying she did not pass the Third Circuit's test for an exemption for failing to exhaust her administrative remedies.
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August 14, 2024
4 States Oppose FTC Bid To Block Kroger-Albertsons Deal
Four Republican-led states defended Kroger's proposed $25 billion acquisition of Albertsons in an amicus brief Wednesday, telling the Oregon federal judge overseeing the Federal Trade Commission's challenge to the deal that blocking it would actually "weaken, not protect, competition."
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August 14, 2024
Ill. Judge Trims Ex-Navistar Employee's Collective Wage Suit
A former Navistar employee can pursue wage claims against the manufacturer for allegedly mishandling meal breaks and shift differentials when calculating her pay, but she'll need to beef up allegations regarding protective gear to pursue those in the suit, an Illinois federal judge said Tuesday.
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August 14, 2024
J&J Vision Unit Sues Ex-Marketing Exec Over Move To Rival
Johnson & Johnson's vision unit sued a former marketing director on Tuesday, saying her move to a direct competitor is an "imminent threat of immediate, irreparable harm" and asking a New Jersey federal court to enforce her noncompete agreement and other post-employment obligations.
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August 14, 2024
Denver Law Grad Sanctioned In Suit Over Externship Failure
A University of Denver law school graduate with disabilities who was fired by the Denver District Attorney's Office during a school externship cannot sue the school for discrimination, a Colorado federal judge has ruled, sanctioning the former student for misogynistic attacks against opposing counsel and other behavior.
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August 14, 2024
Strip Club's Confusion Over Dancer's Name Irritates Judge
A Michigan federal judge chided a Detroit strip club's lawyer Wednesday for trying to parse whether a dancer's name was "normal" or sounded like a stage name, saying the question had no bearing on whether the club waited too long to try to force her wage claims into arbitration.
Expert Analysis
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Proposed NIL Deal Leaves NCAA Antitrust Liability Door Open
The proposed House v. NCAA settlement filed in California federal court creates the possibility of significant direct payments to student-athletes for the first time, but the resulting framework is unlikely to withstand future antitrust scrutiny because it still represents an agreement among competitors to limit labor cost, says Yaman Desai at Lynn Pinker.
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Opinion
Expert Witness Standards Must Consider Peer Review Crisis
For nearly two decades, the so-called replication crisis has upended how the scientific community views the reliability of peer-reviewed studies, and it’s time for courts to reevaluate whether peer review is a trustworthy proxy for expert witness reliability, say Jeffrey Gross and Robert LaCroix at Reid Collins.
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Eye On Compliance: New Pregnancy And Nursing Protections
With New York rolling out paid lactation breaks and extra leave for prenatal care, and recent federal legislative developments enhancing protection for pregnant and nursing workers, employers required to offer these complex new accommodations should take several steps to mitigate their compliance risks, says Madjeen Garcon-Bonneau at Wilson Elser.
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How To Grow Marketing, Biz Dev Teams In A Tight Market
Faced with fierce competition and rising operating costs, firms are feeling the pressure to build a well-oiled marketing and business development team that supports strategic priorities, but they’ll need to be flexible and creative given a tight talent market, says Ben Curle at Ambition.
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Patent Lessons From 5 Federal Circuit Reversals In June
A look at June cases where the Federal Circuit reversed or vacated decisions by the Patent Trial and Appeal Board or a federal district court highlights a potential path for branded drugmakers to sue generic-drug makers for off-label uses, potential downsides of violating a pretrial order offering testimony, and more, say Denise De Mory and Li Guo at Bunsow De Mory.
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Series
Rock Climbing Makes Me A Better Lawyer
Rock climbing requires problem-solving, focus, risk management and resilience, skills that are also invaluable assets in my role as a finance lawyer, says Mei Zhang at Haynes and Boone.
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What's Next After NLRB Ruling On Overbroad Noncompetes
If the National Labor Relations Board's recent ruling on noncompete provisions and its extension of Section 7 rights to limit noncompetes is adopted, this interpretation of the National Labor Relations Act will have to survive scrutiny by the courts without the deference previously afforded under the U.S. Supreme Court's recent overturning of Chevron, say attorneys at Littler.
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Think Like A Lawyer: Dance The Legal Standard Two-Step
From rookie brief writers to Chief Justice John Roberts, lawyers should master the legal standard two-step — framing the governing standard at the outset, and clarifying why they meet that standard — which has benefits for both the drafter and reader, says Luke Andrews at Poole Huffman.
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Recent Settlement Shows 'China Initiative' Has Life After Death
Though the U.S. Department of Justice shuttered its controversial China Initiative two years ago, its recent False Claims Act settlement with the Cleveland Clinic Foundation demonstrates that prosecutors are more than willing to civilly pursue research institutions whose employees were previously targeted, say attorneys at Benesch.
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How Calif. Ruling Alters Worker Arb. Agreement Enforcement
The California Supreme Court’s recent ruling in Ramirez v. Charter Communications should caution employers that while workers’ arbitration agreements will no longer be deemed unenforceable based on their number of unconscionable provisions, they must still be fair and balanced, says Sander van der Heide at CDF Labor.
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Congress Quietly Amends FEPA: What Cos. Should Do Now
Last week, Congress revised the Foreign Extortion Prevention Act — passed last year to criminalize demand-side foreign bribery — to address inconsistencies and better harmonize the law with the Foreign Corrupt Practices Act, and companies should review their compliance programs accordingly, say Mark Mendelsohn and Benjamin Klein at Paul Weiss.
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How First-Of-Its-Kind NIL Lawsuit Is Shaping College Athletics
College quarterback Jaden Rashada's recent fraudulent inducement allegations filed against the University of Florida’s head football coach in Florida federal court provide a glimpse into how universities and collectives are navigating novel name, image and likeness issues, and preview potential future legal challenges these institutions may face, say attorneys at O'Melveny.
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CFTC Action Highlights Necessity Of Whistleblower Carveouts
The U.S. Commodity Futures Trading Commission's novel settlement with a trading firm over allegations of manipulating the market and failing to create contract carveouts for employees to freely communicate with investigators serves as a beacon for further enforcement activity from the CFTC and other regulators, say attorneys at Davis Wright.
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Series
Being A Luthier Makes Me A Better Lawyer
When I’m not working as an appellate lawyer, I spend my spare time building guitars — a craft known as luthiery — which has helped to enhance the discipline, patience and resilience needed to write better briefs, says Rob Carty at Nichols Brar.
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Defending Against Aggressive DOL Child Labor Enforcement
The U.S. Department of Labor's recent unsuccessful injunction against an Alabama poultry facility highlights both the DOL's continued focus on child labor violations and the guardrails and defenses that employers can raise, say attorneys at Littler.