Employment

  • October 16, 2024

    Rail Agency Fired Vax Objectors In 'Sham Process,' Jury Told

    Counsel for six fired San Francisco Bay Area Rapid Transit District workers delivered opening statements Wednesday in a new trial over allegations BART discriminated against employees who sought religious exemptions from its COVID-19 vaccination mandate, calling the agency's review of their requests a "sham process."

  • October 16, 2024

    H2-A Workers Allegedly Forced To Work In Potato Warehouses

    Three Mexican citizens filed a proposed collective action in Colorado federal court Tuesday alleging a company lured them to work in the U.S. under guest worker visas with false promises, then trafficked them into forced labor in Colorado potato warehouses.

  • October 16, 2024

    Ex-Davis Polk Atty Drops Appeal Of Bias Verdict Loss

    A former Davis Polk & Wardwell LLP associate on Tuesday dropped his appeal of a jury verdict clearing the firm and two lawyers of liability in a suit alleging he was fired in retaliation for airing concerns about racial bias and diversity.

  • October 16, 2024

    Conn. Nurses Sue To Block Forced Post-Contract Overtime

    A union representing nurses at a Hartford HealthCare-affiliated hospital in Norwich, Connecticut, has asked a state superior court judge to block mandatory overtime assignments, arguing that a 2020 union contract requiring such shifts expired over the summer and that a 2023 state statute bans the hospital's continuing practices.

  • October 16, 2024

    Ex-Atlanta IT Worker Sues City For Wrongful Firing, Race Bias

    A Black woman who previously served as a senior-level director in the city of Atlanta's information management department has filed suit against the city in Georgia federal court, alleging she was fired after months of raising internal complaints of discrimination within the department.

  • October 16, 2024

    Nerds, Laffy Taffy Maker Hit With Genetic Info Privacy Claims

    The Illinois-based company behind popular candies such as Nerds, Laffy Taffy and SweeTarts probes job applicants' medical histories in violation of their genetic information privacy rights, according to a proposed class lawsuit filed Tuesday in Illinois state court.

  • October 16, 2024

    Award Rightly Reinstates Worker In Pot Test Spat, Judge Says

    An arbitration board correctly ordered an Alaska Airlines mechanic's reinstatement after he was fired following a positive test for marijuana, a Washington federal judge concluded, upholding the arbitration panel's view of the just cause provision in the labor contract between the airline and the worker's union.

  • October 16, 2024

    Record Labels Seek Sanctions For Claim They Aided Combs

    Music companies on Wednesday urged a Manhattan federal judge to sanction an attorney for pursuing what they called "outrageous" claims that they supported Sean "Diddy" Combs' sex- and drug-fueled "freak offs."

  • October 16, 2024

    9th Circ. Won't Rethink Reviving Airline Military Bias Suit

    The Ninth Circuit on Wednesday rejected Alaska Airlines' bid for the court to reconsider its August opinion reinstating a class action accusing the airline of illegally denying accrued vacation and sick time to pilots on military assignments.

  • October 16, 2024

    Ex-Jones Day Attys' Parental Leave Suit Gets 2025 Trial Date

    Two former Jones Day associates challenging the firm's family leave policy will go to trial in late 2025 after a D.C. federal judge allowed certain claims in the lawsuit to move forward.

  • October 16, 2024

    UFC, Fighters Get New Hearing On Revised $375M Settlement

    A Nevada federal judge has scheduled an Oct. 22 hearing to consider a $375 million proposed settlement between UFC and former fighters that would resolve claims the organization underpaid match participants for years, according to a minute order on Tuesday.

  • October 16, 2024

    Historic NY Church Wrongly Demoted Black Worker, Suit Says

    A historic Episcopal church in Lower Manhattan demoted a Black media relations manager and denied her professional opportunities because of her race after it brought in a new executive, according to a lawsuit filed in New York federal court.

  • October 16, 2024

    Lesbian Nurse Says Ga. Hospital's Fertility Plan Is Biased

    A lesbian nurse has hit a Georgia hospital and healthcare system with a proposed class action, alleging that the medical plan they offer employees discriminates against homosexual women by charging them more upfront to receive fertility care than women in heterosexual relationships.

  • October 16, 2024

    Remote Workers Weren't Reimbursed For Expenses, Suit Says

    A customer experience technology company required remote workers to purchase high-speed internet and computers but didn't reimburse them for these costs, causing their wages to hold less value, a former employee said in a lawsuit filed in Colorado federal court.

  • October 16, 2024

    Foley Hoag Wants Bulk Of Claims Axed In NY Wage Suit

    Foley Hoag LLP has asked a New York federal judge to toss most of the claims in an employee's suit alleging the firm failed to pay overtime wages and engaged in various forms of retaliation and discrimination against him, arguing the complaint "is largely devoid of well-pleaded factual allegations."

  • October 16, 2024

    Columbia Prof Says Firm Abandoned Her During Israel Probe

    A Columbia Law School professor accused plaintiffs employment firm Outten & Golden LLP of abruptly dropping her as a client amid the school's investigation into her comments on campus tensions tied to Israel's attack on Gaza, saying on X Wednesday that the firm's alleged conduct prompted her attorney to resign after nearly 24 years as a partner there.

  • October 16, 2024

    Combs Asks To ID His Accusers, Citing 'Media Circus'

    Hip-hop mogul Sean "Diddy" Combs has asked a Manhattan federal judge to identify the accusers behind his sex-trafficking and racketeering case, claiming the "media circus" surrounding the prosecution and related civil suits has made it impossible for him to develop an adequate defense.

  • October 16, 2024

    New Orleans Saints, Pelicans Settle Worker's Vaccination Suit

    The NFL and NBA teams in New Orleans informed a Louisiana federal judge that they have settled a lawsuit with a former employee who claimed she was wrongfully fired after refusing a COVID-19 vaccine because of medical and religious reasons.

  • October 16, 2024

    PE Firm Trashed Exec To Avoid Payout In $98M Deal, Suit Says

    A Summit Partners affiliate and several executives concocted false allegations of misconduct to get out of fully compensating the owner of an investment management firm as part of an acquisition worth a reported $97.6 million, according to a complaint filed in Massachusetts state court.

  • October 16, 2024

    House Panel Presses DOL For Contractor Probes Data

    The U.S. House Committee on Education and the Workforce on Wednesday pressed the U.S. Department of Labor to disclose data over its independent contractor misclassification investigations, saying that the department continues to hold on to the information even after receiving a subpoena.

  • October 16, 2024

    DLA Piper Says 'Sloppy' Work Cost Pregnant Associate Job

    DLA Piper urged a New York federal court to throw out a former associate's lawsuit alleging that she was fired after requesting maternity leave, saying her work performance was "shockingly poor" during her one year with the firm.

  • October 16, 2024

    Duquesne University Beats Ex-Gift Officer's Age Bias Suit

    Duquesne University defeated a former gift officer's suit claiming he was fired for complaining that his boss reassigned work to a younger employee because he was in his 60s, with a Pennsylvania federal judge ruling that he failed to identify a comparable colleague who was treated better.

  • October 16, 2024

    Dermatology Practice Can't Escape Fired Doctor's Bias Suit

    A Pennsylvania federal judge refused Wednesday to toss a sex and age discrimination suit from a dermatologist who said she was unlawfully fired by the private equity-backed practice that bought her business, ruling she put forward enough details to keep her claims in play.

  • October 15, 2024

    Combs Hit With Slew Of Assault Suits Dating Back To 1995

    Sean "Diddy" Combs was hit with six new lawsuits in Manhattan federal court Monday, alleging that for decades the hip-hop mogul sexually assaulted women, men and minors at parties and other events, including one woman who says he raped her at a promotional party for a Notorious B.I.G. music video.

  • October 15, 2024

    Kirkland-Led Boeing Seeks Up To $35B Amid Labor Strike

    Boeing notified regulators on Tuesday of plans to raise up to $35 billion through securities offerings and a credit agreement, guided by Kirkland & Ellis LLP, as the aviation giant seeks access to cash amid a prolonged strike and production cuts.

Expert Analysis

  • Preparing For The NLRB's New Union Recognition Final Rule

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    The National Labor Relations Board's impending new final rule on union recognition puts the employer at a particular disadvantage in a decertification election, and best practices include conducting workplace assessments to identify and proactively address employee issues, say Louis Cannon and Gerald Bradner at Baker Donelson.

  • Law Firms Should Move From Reactive To Proactive Marketing

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    Most law firm marketing and business development teams operate in silos, leading to an ad hoc, reactive approach, but shifting to a culture of proactive planning — beginning with comprehensive campaigns — can help firms effectively execute their broader business strategy, says Paul Manuele at PR Manuele Consulting.

  • OSHA Workplace Violence Citation Highlights Mitigation Steps

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    The Occupational Safety and Health Administration's recent citation against behavioral health company Circles of Care sheds light on the enforcement risks companies may face for failing to prevent workplace violence, and is a reminder of the concrete steps that can help improve workplace safety, say attorneys at Benesch.

  • From Muppet Heads To OJ's Glove: How To Use Props At Trial

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    Demonstrative graphics have become so commonplace in the courtroom that jurors may start to find them boring, but attorneys can keep jurors engaged and improve their recall by effectively using physical props at trial, says Clint Townson at Townson Consulting.

  • Opinion

    The Big Issues A BigLaw Associates' Union Could Address

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    A BigLaw associates’ union could address a number of issues that have the potential to meaningfully improve working conditions, diversity and attorney well-being — from restructured billable hour requirements to origination credit allocation, return-to-office mandates and more, says Tara Rhoades at The Sanity Plea.

  • Opinion

    It's Time For A BigLaw Associates' Union

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    As BigLaw faces a steady stream of criticism about its employment policies and practices, an associates union could effect real change — and it could start with law students organizing around opposition to recent recruiting trends, says Tara Rhoades at The Sanity Plea.

  • Why DOJ's Whistleblower Program May Have Limited Impact

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    The U.S. Department of Justice’s new whistleblower pilot program aims to incentivize individuals to report corporate misconduct, but the program's effectiveness may be undercut by its differences from other federal agencies’ whistleblower programs and its interplay with other DOJ policies, say attorneys at Milbank.

  • CFPB's Earned Wage Access Rule Marks Regulatory Shift

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    The Consumer Financial Protection Bureau's newly issued interpretive rule on earned wage access products, classifying them as extensions of credit, marks a significant shift in their regulatory landscape and raises some important questions regarding potential fringe cases and legal challenges, say Erin Bryan and Courina Yulisa at Dorsey & Whitney.

  • How Calif. Justices' Prop 22 Ruling Affects The Gig Industry

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    The California Supreme Court's recent upholding of Proposition 22 clarifies that Uber, Lyft, DoorDash and other companies in the gig industry can legally classify their drivers as independent contractors, but it falls short of concluding some important regulatory battles in the state, says Mark Spring at CDF Labor.

  • Takeaways From Virginia's $2B Trade Secrets Verdict Reversal

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    The Virginia Court of Appeals' recent reversal of the $2 billion damages award in Pegasystems v. Appian underscores the claimant's burden to show damages causation and highlights how an evidentiary ruling could lead to reversible error, say John Lanham and Kamran Jamil at Morrison Foerster.

  • How Justices Upended The Administrative Procedure Act

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    In its recent Loper Bright, Corner Post and Jarkesy decisions, the U.S. Supreme Court fundamentally changed the Administrative Procedure Act in ways that undermine Congress and the executive branch, shift power to the judiciary, curtail public and business input, and create great uncertainty, say Alene Taber and Beth Hummer at Hanson Bridgett.

  • Employers Face Uncertainty After Calif. Justices' Slur Ruling

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    In Bailey v. San Francisco District Attorney's Office, the California Supreme Court recently ruled that a singular use of a racial slur may be sufficiently severe to support a hostile work environment claim, leaving employers to speculate about what sort of comments or conduct will meet this new standard going forward, says Stephanie Roeser at Manatt.

  • 9th Circ. Ruling Flags Work Harassment Risks Of Social Media

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    The recent Ninth Circuit ruling in Okonowsky v. Garland, holding an employer could be liable for a co-worker's harassing social media posts, highlights new challenges in technology-centered and remote workplaces, and underscores an employer's obligation to prevent hostile environments wherever their employees clock in, say Jennifer Lada and Phillip Schreiber at Holland & Knight.

  • 2 Vital Trial Principles Endure Amid Tech Advances

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    Progress in trial technologies in the last 10 years has been transformative for courtroom presentations, but two core communication axioms are still relevant in today's world of drone footage evidence and 3D animations, say Adam Bloomberg and Lisa Walters at IMS Legal Strategies.

  • Key Steps To Employer Petitions For Union Elections

    Excerpt from Practical Guidance
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    Since the National Labor Relations Board shifted the burden of requesting formal union elections onto employers in its Cemex decision last year — and raised the stakes for employer missteps during the process — companies should be prepared to correctly file representation management election petitions and respond to union demands for recognition, says Adam Keating at Duane Morris.

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