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Employment
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September 11, 2024
Litigation Spending To Rise As Cases Grow More Aggressive
A substantial number of large companies are expecting to increase their litigation spending by double digits next year in the face of more complex and hard-fought cases — and they are more open to bringing in new legal talent to navigate the matters, according to a report released Thursday.
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September 11, 2024
The Firms That Handle The Most Trade Secrets Work
Gordon Rees remains the most active law firm representing plaintiffs in trade secrets disputes, according to a new report by Lex Machina analyzing a three-year period from 2021 to 2023, while Littler Mendelson continues to lead the pack on the defendants' side during that same timeframe.
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September 11, 2024
FTC Fights Pa. Noncompete Ban Challenger's Pause Bid
The Federal Trade Commission on Wednesday urged a Pennsylvania federal judge to reject a tree service company's bid to pause its challenge of the agency's noncompete ban, arguing that another district court's decision to set the ban aside nationwide doesn't justify a stay because the agency is mulling an appeal.
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September 11, 2024
Gov't Spent $236B In Fraud And Improper Payments In 2023
Federal agencies made $236 billion in improper payments in fiscal 2023, a drop of about $11 billion from the prior year, according to a report released Tuesday by the U.S. Government Accountability Office.
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September 11, 2024
Conn. Pizza Chain Sued By Ex-Operations Chief For Age Bias
The former director of operations for Frank Pepe's, a Connecticut-based pizza chain, sued the company Tuesday in federal court for allegedly firing him because of his age, race and gender.
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September 11, 2024
Pest Control Company Wraps Up Fired Worker's PWFA Charge
The U.S. Equal Employment Opportunity Commission said Wednesday that a pest control company in Florida will cough up about $47,000 to settle allegations that it violated the Pregnant Workers Fairness Act by firing a worker who wanted to attend monthly medical appointments.
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September 11, 2024
Top Calif. Biz Bills Sitting On Gov. Newsom's Desk
Among the hundreds of bills awaiting California Governor Gavin Newsom's signature are a number that would create new guidelines for Golden State employers, healthcare industry players, as well as artificial intelligence labeling, textile recycling and increasing criminal penalties for corporate malfeasance by tens of millions of dollars.
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September 11, 2024
Wayfair Beats Fired Worker's Disability Bias Suit At 3rd Circ.
The Third Circuit refused Wednesday to revive a disability bias suit from a former Wayfair warehouse worker who said the furniture retailer violated New Jersey law when it fired him, backing a trial court's finding that he couldn't handle the essential functions of his job.
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September 11, 2024
Split 6th Circ. Backs SEC Win In Proxy Adviser Rule Change
A divided Sixth Circuit has upheld the U.S. Securities and Exchange Commission's decision to partially undo Trump-era rules governing proxy advisers, creating an apparent split with the Fifth Circuit on whether the agency's regulatory actions violated the Administrative Procedure Act.
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September 11, 2024
Uber, Postmates Ask Justices To Address AB 5 Classifications
Postmates and Uber urged the U.S. Supreme Court to reverse the Ninth Circuit's decision dismissing their constitutional challenge to California's worker classification law, arguing that A.B. 5 singles them out and strips them of equal protection under the law, according to their petition to the high court.
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September 11, 2024
2nd Circ. Reverses S. Korean Consulate Chauffeur's Wage Win
The Second Circuit on Wednesday overturned a decision that allowed a chauffeur working for South Korea's foreign consulate in Manhattan to pursue his wage-and-hour claims against the organization, ruling that the lower court was too quick to decide that the consulate was not immune to the claims under the foreign sovereignty law.
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September 11, 2024
5th Circ. To Rethink Houston Firm's Poaching Suit Removal
The Fifth Circuit agreed on Wednesday to rethink its decision not to touch a dispute between Abraham Watkins Nichols Agosto Aziz & Stogner and one of its former attorneys over whether the ex-employee waived his right to remove the firm's poaching suit to federal court.
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September 11, 2024
Nurse Says Hospital Rounding Policy Stole Her Wages
A hospital nurse filed a proposed class and collective action Tuesday claiming she was stiffed of her wages because of the hospital system's unlawful timekeeping rounding practices and an obligation to be on-call even during meal breaks.
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September 11, 2024
NLRB Slaps Amazon For Settlement Violations in NY, Ill.
Amazon violated an unfair labor practice settlement it reached with the National Labor Relations Board when it issued a policy restricting employees' off-duty access to facilities in Illinois and New York, the board ruled, ordering the company to rescind the policy and properly inform workers of their organizing rights.
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September 11, 2024
Mass. Jury Weighs Raft Of Fraud Charges Against Ex-Pol
A Boston federal jury resumed deliberations Wednesday in a criminal case alleging a former Massachusetts state senator lied on his taxes and an application for pandemic unemployment aid, after the ex-politico testified in his own defense.
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September 11, 2024
Kirkland Can't Shake Former Associate's Bias Suit
A California federal judge has mostly rejected efforts by Kirkland & Ellis to pare down the discrimination suit of a former intellectual property associate, while also backing a prior order that prevented the firm from subpoenaing her former BigLaw employers for confidential personnel information.
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September 11, 2024
10th Circ. Backs Christian School Worker's Religious Bias Suit
The Tenth Circuit revived religious discrimination claims from a former assistant principal who was fired after voicing concern about a school production of a play about the murder of a gay man, ruling that he provided enough circumstantial evidence to keep those allegations in court.
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September 11, 2024
Education Tech Co. Settles EEOC Pay Bias Probe
Boxlight Inc. agreed to change its policies and have a third-party auditor examine its pay practices after a U.S. Equal Employment Opportunity Commission investigation found the education technology company willfully underpaid a female manager, the EEOC said.
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September 11, 2024
Phelps Dunbar Recruits 6 Litigators In Raleigh
Phelps Dunbar LLP has hired six lawyers in Raleigh to serve the business and litigation needs of companies in North and South Carolina, adding strength in health care, construction, employment and intellectual property.
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September 11, 2024
MS Charity Liable For Not Assessing Risks To Pregnant Staffer
A multiple sclerosis charity discriminated against a pregnant support officer by failing to run a pregnancy-specific risk assessment for her role, a tribunal has ruled.
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September 11, 2024
Worker Credit Moratorium Effectively Killed Claims, Court Told
An Internal Revenue Service moratorium on processing tax credits for retaining employees during the coronavirus pandemic has effectively disallowed the granting of credits to deserving businesses, a Texas Montessori school told a federal court as it pursued a refund of nearly $200,000 in credits.
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September 11, 2024
Healthcare Co. Denied Nurse Time For Surgery, EEOC Says
A company that operates nursing and rehabilitation facilities failed to act when a nurse was sexually harassed by her supervisor, then told the employee to quit when she needed time off for surgery, the U.S. Equal Employment Opportunity Commission said in Illinois federal court.
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September 11, 2024
Constangy Brings On More Jackson Lewis Attys In San Diego
Three former Jackson Lewis PC attorneys have come aboard at the San Diego office of labor and employment firm Constangy Brooks Smith & Prophete LLP, joining four onetime Jackson Lewis colleagues who arrived at Constangy this summer.
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September 11, 2024
Barrister Accused Of Groping Paralegal At Work Dinner
A barrister with One Essex Court groped a legal assistant during a work dinner, the Bar Standards Board told a tribunal Wednesday.
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September 11, 2024
Freelancer Loses Unfair Dismissal Case Against Al Jazeera
An employment tribunal has ruled that Al Jazeera did not push a Zimbabwean journalist to quit when he had finished working on an investigative series about gold-smuggling because he was not an employee at the time.
Expert Analysis
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What Employers Need To Know About Colorado's New AI Law
The Colorado AI Act, enacted in May and intended to regulate the use of high-risk artificial intelligence systems to prevent algorithmic discrimination, is broad in scope and will apply to businesses using AI for certain employment purposes, imposing numerous compliance obligations and potential liability, say Laura Malugade and Owen Davis at Husch Blackwell.
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Opinion
Paid Noncompetes Offer A Better Solution Than FTC's Ban
A better alternative to the Federal Trade Commission's recent and widely contested noncompete ban would be a nationwide bright-line rule requiring employers to pay employees during the noncompete period, says Steven Kayman at Rottenberg Lipman.
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How Associates Can Build A Professional Image
As hybrid work arrangements become the norm in the legal industry, early-career attorneys must be proactive in building and maintaining a professional presence in both physical and digital settings, ensuring that their image aligns with their long-term career goals, say Lana Manganiello at Equinox Strategy Partners and Estelle Winsett at Estelle Winsett Professional Image Consulting.
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Firms Must Rethink How They Train New Lawyers In AI Age
As law firms begin to use generative artificial intelligence to complete lower-level legal tasks, they’ll need to consider new ways to train summer associates and early-career attorneys, keeping in mind the five stages of skill acquisition, says Liisa Thomas at Sheppard Mullin.
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Think Like A Lawyer: Always Be Closing
When a lawyer presents their case with the right propulsive structure throughout trial, there is little need for further argument after the close of evidence — and in fact, rehashing it all may test jurors’ patience — so attorneys should consider other strategies for closing arguments, says Luke Andrews at Poole Huffman.
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Where Anti-Discrimination Law Stands 4 Years After Bostock
On the fourth anniversary of the U.S. Supreme Court's landmark Bostock ruling, Evan Parness and Abby Rickeman at Covington take stock of how the decision, which held that Title VII protects employees from discrimination because of their sexual orientation and gender identity, has affected anti-discrimination law at the state and federal levels.
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Series
Playing Chess Makes Me A Better Lawyer
There are many ways that chess skills translate directly into lawyer skills, but for me, the bigger career lessons go beyond the direct parallels — playing chess has shown me the value of seeing gradual improvement in and focusing deep concentration on a nonwork endeavor, says attorney Steven Fink.
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Crafting An Effective Workplace AI Policy After DOL Guidance
Employers should take proactive steps to minimize their liability risk after the U.S. Department of Labor released artificial intelligence guidance principles on May 16, reflecting the reality that companies must begin putting into place policies that will dictate their expectations for how employees will use AI, say David Disler and Courtnie Bolden at Porzio Bromberg.
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Patent Lessons From 7 Federal Circuit Reversals In May
A look at recent cases where the Federal Circuit reversed or vacated decisions by the Patent Trial and Appeal Board or a federal district court provide guidance on how to succeed on appeal by clarifying the obviousness analysis of design patents, the finality of a judgment, and more, say Denise De Mory and Li Guo at Bunsow De Mory.
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Litigation Inspiration: Attys Can Be Heroic Like Olympians
Although litigation won’t earn anyone an Olympic medal in Paris this summer, it can be worthy of the same lasting honor if attorneys exercise focused restraint — seeking both their clients’ interests and those of the court — instead of merely pursuing every advantage short of sanctionable conduct, says Bennett Rawicki at Hilgers Graben.
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Politics In The Workplace: What Employers Need To Know
As the 2024 election approaches and protests continue across the country, employers should be aware of employees' rights — and limits on those rights — related to political speech and activities in the workplace, and be prepared to act proactively to prevent issues before they arise, say attorneys at Littler.
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Lean Into The 'Great Restoration' To Retain Legal Talent
As the “great resignation,” in which employees voluntarily left their jobs in droves, has largely dissipated, legal employers should now work toward the idea of a “great restoration,” adopting strategies to effectively hire, onboard and retain top legal talent, says Molly McGrath at Hiring & Empowering Solutions.
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What High Court Ruling Means For Sexual Harassment Claims
In its recent Smith v. Spizzirri decision, the U.S. Supreme Court held that a district court compelling a case to arbitration is obligated to stay the case rather than dismissing it, but this requirement may result in sexual harassment cases not being heard by appellate courts, says Abe Melamed at Signature Resolution.
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NCAA Settlement May End The NIL Model As We Know It
The recent House v. NCAA settlement in California federal court, in which the NCAA agreed to allow schools to directly pay March Madness television revenue to their athletes, may send outside name, image and likeness collectives in-house, says Mike Ingersoll at Womble Bond.
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5 Steps For Gov't Contractor Affirmative Action Verification
As the federal contractor affirmative action program certification deadline approaches, government contractors and subcontractors should take steps to determine their program obligations, and ensure any required plans are properly implemented and timely registered, say Christopher Wilkinson at Perkins Coie and Joanna Colosimo at DCI Consulting.