Employment

  • October 23, 2024

    Combs, Feds At Odds Over Gag Order Amid Press Blitz

    Attorneys for Sean "Diddy" Combs told a Manhattan federal judge on Wednesday that they are unable to agree with prosecutors about who should be barred from talking to the press about the hip-hop mogul's sex-trafficking and racketeering case.

  • October 23, 2024

    Amazon Must Face Drivers' Tip Suit Despite FTC Settlement

    A Washington federal judge largely refused Wednesday to toss a proposed class action accusing Amazon of violating Evergreen State laws by withholding portions of drivers' tips, saying the claims are still valid despite the Federal Trade Commission reaching a nearly $62 million deal with the company over the same alleged conduct.

  • October 23, 2024

    NYC Lawmakers Propose Giving Workers Sick Time For Pets

    Two New York City Council members introduced a bill Wednesday that would let workers use sick leave to care for pets and service animals, a novel move that one lawmaker said is meant to promote the health benefits of animal ownership.

  • October 23, 2024

    Ex-VA Worker Must Repay Sex Harassment Award, Judge Says

    A former U.S. Department of Veterans Affairs worker must return a $90,000 award she won in internal proceedings accusing a supervisor of sexual harassment, a Mississippi federal judge ruled, saying she must pay back the money because she lost a subsequent court case over the same allegations.

  • October 23, 2024

    Penn State To Pay $1.25M To Resolve FCA Cybersecurity Suit

    Pennsylvania State University will pay $1.25 million to settle a False Claims Act suit accusing it of failing to comply with cybersecurity requirements for defense and NASA contracts, the U.S. Department of Justice announced.

  • October 23, 2024

    Fired Norton Rose Worker Ends Suit Over COVID Vax Mandate

    A Texas federal judge on Wednesday signed off on a former Norton Rose Fulbright IT worker's agreement to drop his lawsuit, which accused the firm of discriminating against the ex-employee when it fired him after he refused to get a COVID-19 vaccine because he didn't feel peace with the Holy Spirit about being inoculated.

  • October 23, 2024

    United Worker Fired Over Online Pics Gets Bias Suit Revived

    A California appeals court revived a United Airlines flight attendant's sex bias suit claiming she was unlawfully fired for appearing in uniform on a social media page advertising her OnlyFans account, crediting her argument that male flight attendants didn't face the same consequences for similar behavior.

  • October 23, 2024

    Trial Consulting Firm Says Ex-Worker Stole Trade Secrets

    Jury analysis firm Jury-X has accused a former employee of taking off with its trade secrets and exploiting a "backdoor" she put in the company's data tables to start her own competing juror selection services business that also copied her old employer's appearance online.

  • October 23, 2024

    Law Firm Accuses Ex-Paralegal Of 'Sabotage' In Bears Case

    An Illinois law firm has accused one of its former paralegals of attempting to stiff the firm for work it did settling his discrimination suit against the Chicago Bears, alleging that the erstwhile employee declined to file key paperwork and deleted critical files.

  • October 23, 2024

    5th Circ. Upholds Workers' Win In Health Co. Wage Suit

    A group of workers for an at-home healthcare company are employees, not independent contractors, a Fifth Circuit panel ruled, affirming a Louisiana federal court decision in three consolidated cases claiming the company cheated workers out of overtime.

  • October 23, 2024

    Chemical Co. GC Fires Back At Pregnancy Bias Claims In NJ

    Arxada and its general counsel struck back at a former in-house attorney's claims in a New Jersey state court lawsuit that the specialty chemicals company unlawfully dismissed her in the days after she talked about taking leave to recover from a miscarriage.

  • October 23, 2024

    Harvard Enabling 'Outrageous' Antisemitism, Court Told

    Harvard University is intentionally protecting students and faculty accused of antisemitism and an assault on a Jewish student last year, "hoping this whole thing goes away," a lawyer for two student groups said during a hearing Wednesday on the Ivy League school's bid to end a second civil rights lawsuit.

  • October 23, 2024

    Harvey Weinstein Must Face All NY Charges At Retrial

    A New York state judge on Wednesday denied Harvey Weinstein a separate trial for his new sexual assault charge, ruling that he must face that allegation alongside his original indictment at a retrial that is now expected to begin in early 2025.

  • October 23, 2024

    Mercedes, Staffing Firm Failed To Pay OT, Ex-Worker Says

    Mercedes-Benz and a staffing agency failed to pay a former employee at all for the hours she worked over 40 per week, let alone at the federally mandated time-and-a-half rate, she said in a suit filed in Georgia federal court.

  • October 22, 2024

    UFC Fighters Win Initial OK On $375M Wage Suppression Deal

    A Nevada federal judge on Tuesday gave his blessing to a $375 million settlement resolving a group of former UFC fighters' claims that the organization for years underpaid match participants, the fighters' counsel confirmed.

  • October 22, 2024

    Connecticut GOP Challenges Ex-Aide's Bias Suit Timeline

    A former press secretary for Republican lawmakers in the Connecticut House of Representatives failed to prevent or correct alleged workplace harassment that included cursing by waiting a year to report a key incident cited in her complaint, state House Republicans argued in an answer to the ex-spokesperson's discrimination lawsuit.

  • October 22, 2024

    Calif. Panel Says Panera Must Face PAGA Claims

    A California state appeals court on Monday reversed a state trial court's ruling compelling a Panera restaurant employee to arbitrate Private Attorneys General Act claims against the bakery and café chain, saying an arbitration agreement the worker had entered explicitly excluded PAGA claims.

  • October 22, 2024

    Ex-Worker Says DOJ Retaliated Over Accommodation Request

    A former human resources officer in the Southern District of Texas lodged a retaliation suit against the U.S. Department of Justice on Tuesday, claiming she had to wait 100 days for her post-traumatic stress disorder-related accommodation request to be approved.

  • October 22, 2024

    Supervisor Could've Prevented Electrician's Death, Widow Says

    The widow of a man who was electrocuted told a Texas appeals court during oral arguments Tuesday that it wouldn't matter if there was a supervisor looking over the deceased man's shoulder, claiming the question never came up because there wasn't a qualified supervisor on site.

  • October 22, 2024

    IQVIA, Veeva Blast Summary Judgment Bids In Secrets Suit

    Life sciences data giant IQVIA Inc. and competitor Veeva Systems Inc. slammed each other's summary judgment bids made public Tuesday in a trade secrets lawsuit in New Jersey federal court, with Veeva arguing that IQVIA's purported trade secrets are hardly confidential and IQVIA saying Veeva's assertions are "a last-ditch effort to avoid liability."

  • October 22, 2024

    Ga. Tech Says No Basis For Feds' Cybersecurity FCA Suit

    The Georgia Institute of Technology has urged a Georgia federal judge to toss a False Claims Act suit accusing the university of knowingly failing to comply with U.S. Department of Defense cybersecurity standards, saying those rules didn't apply to its research contracts.

  • October 22, 2024

    Israeli Intel VP Must Use Real Name In Bias Suit, Judge Says

    A former Intel executive must reveal his name in his suit claiming the company fired him for complaining that his boss openly supported Hamas, a New York federal judge ruled Tuesday, finding concerns of retaliation from Hamas or anti-Israel protesters are too speculative to justify anonymity.

  • October 22, 2024

    Ohio Pension Funds Say Boeing Puts Profits Over Safety

    Two Ohio pension funds joined a Virginia federal lawsuit accusing Boeing executives and board members of putting profits over safety and regulatory compliance, causing a series of catastrophes and losing millions of dollars for investors, the Ohio Attorney General's Office said Tuesday.

  • October 22, 2024

    Fla. Union Says License Application Was Wrongfully Denied

    A public sector union told a Florida appeals court Tuesday that the state's Public Employees Relations Commission erred in holding the union to newly passed higher standards for re-registration before the law went into effect and upholding this decision would allow administrative agencies to simply ignore effective dates.

  • October 22, 2024

    Ill. Temp Worker Fight Restarts Over Amended Statute

    An Illinois federal judge agreed on Monday to reopen a federal benefits lawsuit challenging an Illinois law that mandates benefits for long-term temporary workers so a group of staffing agencies and the state can relitigate injunction issues under amended statutory language.

Expert Analysis

  • NLRB Ruling Highlights Rare Union Deauthorization Process

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    A recent National Labor Relations Board decision about a guard company's union authorization revocation presents a ripe opportunity for employees to review the particulars of this uncommon process, and employer compliance is critical as well, say Megann McManus and Trecia Moore at Husch Blackwell.

  • Attorneys Can Benefit From Reverse-Engineering Their Cases

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    Trial advocacy programs often teach lawyers to loosely track the progression of a lawsuit during preparation — case analysis, then direct examination, then cross-examination, openings and closings — but reverse-engineering cases by working backward from opening and closing statements can streamline the process and also improve case strategy, says Reuben Guttman at Guttman Buschner.

  • E-Discovery Quarterly: Rulings On Hyperlinked Documents

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    Recent rulings show that counsel should engage in early discussions with clients regarding the potential of hyperlinked documents in electronically stored information, which will allow for more deliberate negotiation of any agreements regarding the scope of discovery, say attorneys at Sidley.

  • Loper Bright Limits Federal Agencies' Ability To Alter Course

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    The U.S. Supreme Court's recent decision to dismantle Chevron deference also effectively overrules its 2005 decision in National Cable & Telecommunications Association v. Brand X, greatly diminishing agencies' ability to change regulatory course from one administration to the next, says Steven Gordon at Holland & Knight.

  • Latest 'Nuclear Verdict' Underscores Jury-Trial Employer Risk

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    A Los Angeles Superior Court jury's recent $900 million verdict in a high-profile sexual assault and harassment case illustrates the increase in so-called nuclear verdicts in employment cases, and the need for employers to explore alternative methods of resolving disputes, say Anthony Oncidi and Morgan Peterson at Proskauer.

  • Calif. Out-Of-State Noncompete Ban Faces Several Hurdles

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    California's attempt to bolster its noncompete law has encountered significant procedural and constitutional challenges, and litigating parties must carefully analyze not only the restrictive covenants contained in their agreements, but also the forum-selection and choice-of-law provisions, say Jennifer Redmond and Gal Gressel at Sheppard Mullin.

  • What Cos. Should Note In DOJ's New Whistleblower Pilot

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    After the U.S. Department of Justice unveiled a new whistleblower pilot program last week — continuing its efforts to incentivize individual reporting of misconduct — companies should review the eligibility criteria, update their compliance programs and consider the risks and benefits of making their own self-disclosures, say attorneys at Skadden.

  • Motion To Transfer Venue Considerations For FCA Cases

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    Several recent decisions highlight the importance for practitioners of analyzing as early as possible whether a False Claims Act case warrants a change of venue, and understanding how courts weigh certain factors for defendants versus whistleblowers, say Ellen London at London & Stout, and Li Yu and Corey Lipton at DiCello Levitt.

  • Series

    Teaching Scuba Diving Makes Me A Better Lawyer

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    As a master scuba instructor, I’ve learned how to prepare for the unexpected, overcome fears and practice patience, and each of these skills – among the many others I’ve developed – has profoundly enhanced my work as a lawyer, says Ron Raether at Troutman Pepper.

  • Lawyers Can Take Action To Honor The Voting Rights Act

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    As the Voting Rights Act reaches its 59th anniversary Tuesday, it must urgently be reinforced against recent efforts to dismantle voter protections, and lawyers can pitch in immediately by volunteering and taking on pro bono work to directly help safeguard the right to vote, says Anna Chu at We The Action.

  • Opinion

    Dreamer Green Card Updates Offer Too Little For Too Few

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    Despite the Biden administration’s good intentions in announcing a new pathway for college-educated Dreamers to receive green cards, the initiative ultimately does little to improve the status quo for most beneficiaries, and could even leave applicants in a worse position, says Adam Moses at Harris Beach.

  • Proposed NIL Deal Leaves NCAA Antitrust Liability Door Open

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    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.

  • Opinion

    Expert Witness Standards Must Consider Peer Review Crisis

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    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.

  • Eye On Compliance: New Pregnancy And Nursing Protections

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    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.

  • How To Grow Marketing, Biz Dev Teams In A Tight Market

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    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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