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Employment
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August 28, 2024
Ex-Exec's $1M Suit Accuses Houston McNair Family Of 'Coup'
A longtime employee of the Houston McNair family has accused the children of late businessman Bob McNair of staging a "coup" to oust him from the family's companies, denying him more than $1 million in post-termination benefits in the process.
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August 28, 2024
Disabled Radio Host's Discrimination Suit Gets Trimmed
An Illinois federal judge has granted Midway Broadcasting Corp. summary judgment on a former radio host's Rehabilitation Act claim in a suit alleging his show was canceled because he has cancer, concluding the law didn't apply to the company.
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August 28, 2024
Co. Pushed Director To Work With Broken Fingers, Suit Says
A military contractor forced a department head to work with broken fingers and a spinal injury following a serious fall, refused to provide short-term disability leave paperwork and ultimately fired him when he raised concerns, according to a complaint filed in Connecticut federal court.
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August 28, 2024
Teamsters Can't Arbitrate Sysco Pension Spat, Judge Says
A Teamsters local can't take its challenges about a monthly early retirement benefit to arbitration, a Michigan federal judge determined Wednesday, finding that the grievance process under a collective bargaining agreement doesn't cover the dispute.
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August 28, 2024
11th Circ. Trans Health Redo May Spark Supreme Court Fight
The Eleventh Circuit's recent decision to rehear Georgia county officials' appeal seeking to exclude gender-confirmation surgery from its employee healthcare coverage rekindles an appellate debate on the extent to which Title VII protects transgender workers that could soon reach the U.S. Supreme Court, attorneys say.
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August 28, 2024
Wash. AG Fears Kroger Will Move Goalposts For Merger Trial
The Washington Attorney General's Office told a state court Wednesday that Kroger refuses to commit to sticking with the current terms of its divestiture package in its merger with Albertsons, which the state fears would unfairly "move the goalposts" less than three weeks before a trial on the state's merger challenge kicks off.
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August 28, 2024
Instacart Can Arbitrate Driver's Suit, But 2nd Circ. To Weigh In
A New York federal judge shipped to arbitration a driver's lawsuit alleging that Instacart misclassified him as an independent contractor but said the Second Circuit can weigh in on whether the Federal Arbitration Act's exemption applies that allows cases from transportation workers to stay in court.
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August 28, 2024
Conn. Investment Firm Withheld Pay, Commissions, Suit Says
Six former employees of Connecticut investment advisory firm Excel Wealth Management LLC have sued the company and its members in state court seeking hourly wages or commissions they claimed they were never paid, with some alleging they were terminated for speaking out about their compensation.
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August 28, 2024
Covering Up For Mayor Not Fire Chief's Job, 6th Circ. Says
Covering up alleged misconduct to help a Michigan mayor pursue reelection was not part of an ex-fire chief's official job duties, a Sixth Circuit panel said Tuesday, finding the fire chief's refusal to lie was protected speech and denying the mayor immunity.
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August 28, 2024
Ga. Appeals Court Says Worker Should Get Pandemic Aid
The Georgia Court of Appeals overturned a superior court order affirming the denial of pandemic unemployment assistance benefits to a college student who worked part-time at a Chick-fil-A, saying both the trial court and the Georgia Department of Labor's review board wrongly found he quit his job for personal reasons.
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August 28, 2024
Bloomberg Staffers Secure Class Cert. In Unpaid OT Suit
A New York federal judge signed off on seven classes of field organizers who accused Michael Bloomberg's 2020 presidential campaign of failing to pay them overtime wages, saying the former workers adequately showed that they had largely uniform job duties.
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August 28, 2024
Ex-Defender Opposes Bid To Fix Record In Harassment Case
A former assistant public defender in North Carolina who lost her suit accusing the judiciary of botching her sexual harassment complaint has called out mistakes in the trial transcripts but opposed the government's method for correcting them, calling the proposal "fundamentally unfair."
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August 28, 2024
Ex-Assistant DA Can't Revive Retaliation Suit At 9th Circ.
The Ninth Circuit declined Wednesday to reinstate a former assistant district attorney's suit claiming he was fired by the city of San Francisco for whistleblowing about what he alleged was misconduct, ruling there's not enough proof he was canned for going to the media with his concerns.
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August 28, 2024
USPTO Atty Union Loses Bid For Right To Review Settlements
The U.S. Patent and Trademark Office must give its attorneys' union a copy of any settlements it reaches in cases involving the attorneys' work conditions, but the agency does not have to let the union review those settlements in advance, an arbitrator held.
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August 28, 2024
Worker Lowers Fee Request In 3rd Bid For OT Deal Approval
A corporate office furnisher and a former employee again asked a Georgia federal court to greenlight a deal that would resolve the worker's suit alleging he was fired for complaining about unpaid overtime, saying this third settlement draft adequately reduces an attorney's fees.
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August 28, 2024
Top Gov't Contracts Cases To Watch In The 2nd Half Of 2024
Federal courts in the latter half of 2024 are expected to scrutinize a strict federal registration requirement for contractors and decide whether whistleblower False Claims Act cases are constitutional, potentially affecting a key federal anti-fraud tool. Here, Law360 previews key disputes that government contractors should have on their radar in the second half of the year.
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August 27, 2024
Wells Fargo Says 'Good Faith' Efforts Ax Investors' Bias Suit
Wells Fargo & Co. urged a California federal judge Tuesday to toss a derivative lawsuit filed by a putative class of shareholders claiming the bank's board of directors failed to address its discriminatory lending and hiring practices, saying there's evidence of "good-faith" efforts to monitor compliance in those areas.
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August 27, 2024
Walmart Has To Face EEOC Again After Losing Bias Trial
The Seventh Circuit gave the Equal Employment Opportunity Commission another chance Tuesday to force Walmart to boost its disability accommodation training after a jury found it intentionally discriminated against an employee with Down syndrome, and affirmed what was originally a $125 million jury verdict later reduced to $419,000.
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August 27, 2024
X Wins Dismissal of Former Workers' Sex Bias Suit, For Now
A California federal judge agreed to throw out former X Corp. workers' suit claiming Elon Musk's takeover of the company formerly named Twitter caused women to lose their jobs, but the judge gave the workers another opportunity to amend their claims.
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August 27, 2024
Revlon Says Ex-Workers Stole Britney Spears Fragrance Deal
Global beauty and cosmetics brand Revlon sued several former fragrance marketing executives and upstart competitor Give Back Beauty in New York federal court, alleging they stole trade secrets and breached contracts when luring Britney Spears' perfume line away from Revlon.
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August 27, 2024
Judges Upend Alaska Airlines Loss, Blame Jury Instruction
A Washington state appeals court on Tuesday threw out a jury verdict granting an Alaska Airlines flight attendant workers' compensation for catching COVID-19 while away from home for her job, in an opinion that said a jury instruction misstated a legal doctrine covering traveling workers.
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August 27, 2024
Clark Hill Adds Atty In NYC From Schoeman Updike
Clark Hill PLC said Tuesday that it is bringing a litigator to its New York City office as a member, one with a focus on financial services and business disputes as well as experience ranging from intellectual property to real estate issues.
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August 27, 2024
Taco Bell Franchisee Will Pay $2M To End Job-Posting Suits
A Taco Bell franchisee, Sharp Electronics and DoorDash are among the latest employers to reach class deals in Washington state court to end job seekers' allegations they failed to include salary or wage ranges in job postings, in violation of Evergreen State pay transparency laws.
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August 27, 2024
White Ex-Coach Asks 11th Circ. To Rethink Bias Suit Ruling
A white former football coach has asked the Eleventh Circuit to rethink its choice not to reopen his case alleging that a Georgia school district unlawfully refused to renew his contract because he's white, arguing that the decision deprives him of his right to have his day in court.
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August 27, 2024
NC State Board Of Education Sued Over NIL Prohibition
A North Carolina mother is challenging the state school board's ban on high school student-athletes using their name, image and likeness for commercial purposes, arguing the state has directed it to regulate, not prohibit, the practice.
Expert Analysis
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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.
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Lead Like 'Ted Lasso' By Embracing Cognitive Diversity
The Apple TV+ series “Ted Lasso” aptly illustrates how embracing cognitive diversity can be a winning strategy for teams, providing a useful lesson for law firms, which can benefit significantly from fresh, diverse perspectives and collaborative problem-solving, says Paul Manuele at PR Manuele Consulting.
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2 Lessons From Calif. Overtime Wages Ruling
A California federal court's recent decision finding that Home Depot did not purposely dodge overtime laws sheds light on what constitutes a good faith dispute, and the extent to which employers have discretion to define employees' workdays, says Michael Luchsinger at Segal McCambridge.
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Questions Remain After 3rd Circ.'s NCAA Amateurism Ruling
The Third Circuit's recent holding that college athletes can be considered employees under the FLSA adds to the trend of student-athletes obtaining new legal status in collegiate athletics, but leaves key questions unanswered, including how the economics of the decision will be applied, say attorneys at Reed Smith.
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Justices' Starbucks Ruling May Limit NLRB Injunction Wins
The U.S. Supreme Court’s recent decision in Starbucks v. McKinney, adopting a more stringent test for National Labor Relations Board Section 10(j) injunctions, may lessen the frequency with which employers must defend against injunctions alongside parallel unfair labor practice charges, say David Pryzbylski and Colleen Schade at Barnes & Thornburg.
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Class Actions At The Circuit Courts: July Lessons
In this month's review of class action appeals, Mitchell Engel at Shook Hardy considers cases touching on pre- and post-conviction detainment conditions, communications with class representatives, when the American Pipe tolling doctrine stops applying to modified classes, and more.
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Biden Policy Gives Employers New Ways To Help Dreamers
A new Biden administration immigration policy makes the process more predictable for Deferred Action for Childhood Arrivals recipients to seek employment visas, and, given uncertainties surrounding DACA’s future, employers should immediately determine which of their employees may be eligible, says Jennifer Kim at Moore & Van Allen.
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How To Comply With Chicago's New Paid Leave Ordinance
Chicago's new Paid Leave and Paid Sick and Safe Leave Ordinance went into effect earlier this month, so employers subject to the new rules should update leave policies, train supervisors and deliver notice as they seek compliance, say Alison Crane and Sarah Gasperini at Jackson Lewis.
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Opinion
A Way Forward For The US Steel-Nippon Deal And Union Jobs
Parties involved in Nippon Steel's acquisition of U.S. Steel should trust the Pennsylvania federal court overseeing a key environmental settlement to supervise a way of including future union jobs and cleaner air for the city of Pittsburgh as part of a transparent business marriage, says retired judge Susan Braden.
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How NJ Worker Status Ruling Benefits Real Estate Industry
In Kennedy v. Weichert, the New Jersey Supreme Court recently said a real estate agent’s employment contract would supersede the usual ABC test analysis to determine his classification as an independent contractor, preserving operational flexibility for the industry — and potentially others, say Jason Finkelstein and Dalila Haden at Cole Schotz.
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Opinion
H-2 Visas Offer Humane, Economic Solution To Border Crisis
Congress should leverage the H-2 agricultural and temporary worker visa programs to match qualified migrants with employers facing shortages of workers — a nonpolitical solution to a highly divisive humanitarian issue, say Ashley Dees and Jeffrey Joseph at BAL.
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PAGA Reforms Encourage Proactive Employer Compliance
Recently enacted reforms to California's Private Attorneys General Act should make litigation under the law less burdensome for employers, presenting a valuable opportunity to streamline compliance and reduce litigation risks by proactively addressing many of the issues that have historically attracted PAGA claims, say attorneys at Mintz.
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Opinion
Now More Than Ever, Lawyers Must Exhibit Professionalism
As society becomes increasingly fractured and workplace incivility is on the rise, attorneys must champion professionalism and lead by example, demonstrating how lawyers can respectfully disagree without being disagreeable, says Edward Casmere at Norton Rose.