Employment

  • August 07, 2024

    Split 7th Circ. Axes Forced Labor Suit Against Salvation Army

    A group of former participants in the Salvation Army's rehabilitation programs didn't show how the work they performed for the organization represented forced labor, a split Seventh Circuit panel ruled, keeping an Illinois federal court's decision tossing their suit.

  • August 07, 2024

    4th Circ. Revives Sex Bias Suit Over Workplace Romance Row

    The Fourth Circuit reopened a former salesperson's lawsuit alleging a wine and spirits distributor fired her because she rejected the owner's sexual advances after they broke up, saying a trial is needed to delineate when the relationship ended.

  • August 07, 2024

    L3Harris Narrows But Can't End Religious Bias Suit

    Technology company L3Harris can't toss a former worker's claims that he was fired for being Christian after he complained that his new boss was harassing him, a Texas federal judge ruled, but his claims of age bias and retaliation lacked enough proof to stay in court.

  • August 07, 2024

    11th Circ. Says Drivers Can Use Contracting Law For OT Math

    Three drivers for a company that provides medical transportation to veterans can base their calculation of overtime they're owed on a Service Contract Act prevailing rate that's higher than the wages they were paid, the Eleventh Circuit has ruled, partially flipping a lower court's ruling.

  • August 06, 2024

    From Vets To Labor: The Policies VP Pick Walz Has Backed

    Democratic U.S. presidential nominee Kamala Harris' pick of Minnesota Gov. Tim Walz to be her running mate pairs her with a state leader and former lawmaker who has advocated for veterans' rights and public education while also championing a more progressive agenda, from cannabis legalization to abortion care access to stronger union rights.

  • August 06, 2024

    Thompson Hine Says Ex-Atty's Harassment Claims Lack Teeth

    A former Thompson Hine LLP attorney's sex harassment suit should be dismissed for failing to show that gender bias had anything to do with the workplace conflicts that arose during her tenure, the firm argued in a New York federal court filing.

  • August 06, 2024

    9th Circ. Won't Rehear Ex-Uber Driver's Race Bias Suit

    The Ninth Circuit on Tuesday refused to grant en banc rehearing to a former Uber driver after a three-judge panel found he failed to support his allegations that the ride-hailing giant's rating system is racially biased.

  • August 06, 2024

    2nd Circ. Says Citi Whistleblower Can't Get Cut Of $400M Fine

    The Second Circuit on Tuesday upheld a lower court's dismissal of a Citibank executive's whistleblower lawsuit seeking a piece of a $400 million fine the bank paid, finding that she failed to allege a valid False Claims Act claim and therefore has no right to a portion of financial recovery.

  • August 06, 2024

    Florida Asks 11th Circ. To Let Gender Law Take Effect Now

    Florida officials have implored the Eleventh Circuit to allow enforcement of the state's recently enacted law restricting gender-affirming treatment for transgender minors and adults, arguing that a federal judge's order to enjoin enforcement of the law was erroneous.

  • August 06, 2024

    Pilots Union Tells 5th Circ. Southwest Put Animus In Policy

    Counsel for the Southwest Airlines Pilots Association told a Fifth Circuit panel Tuesday that the airline had codified anti-union animus in a written policy, claiming during oral arguments that the airline was working to keep elite "check pilots" from organizing.

  • August 06, 2024

    MGM Shreds Workers' Bid For Default Win In Vax Fight

    Detroit casino MGM Grand has urged a Michigan federal court to not grant default judgment to former employees protesting its vaccination policies, arguing the request is drastic and that any delay in producing discovery documents was justified and harmless.

  • August 06, 2024

    Amazon Contractor Can't Escape Worker's Welding Injury Suit

    A Texas federal judge ruled Tuesday that a construction company hired by Amazon must face a trial over a worker's blindness from a welding torch light flash, saying there is a factual dispute regarding whether the company had control over all workers on site the day of the incident.

  • August 06, 2024

    Horse Trainer Says Conn. Club Stiffed Him, Sues For $275K

    A historic Connecticut country club stopped reimbursing the head of its horse-riding program for expenses he paid out of his own pocket, ceased paying his salary and fees, and canceled his membership, according to a breach-of-contract suit filed in state court.

  • August 06, 2024

    Denver Food Co. Fired VP For Younger Male, Suit Claims

    A former vice president of a Denver-area food biotech firm has filed a suit claiming the company violated Colorado's gender and age anti-discrimination laws when it fired and ultimately replaced her after she finished training a younger male successor, who was intended to only take over some of her duties.

  • August 06, 2024

    Investment Adviser Must Face Union Fund's $30M ERISA Suit

    A union pension fund has carried its $30 million Employee Retirement Income Security Act lawsuit against an investment advisory firm past the motion-to-dismiss phase on its second try, with a California federal judge holding that the fund qualified for an extension to its deadline to sue over pre-2016 conduct.

  • August 06, 2024

    Amazon Seeks Early Exit From Military Service Bias Suit

    Amazon asked a Washington federal judge to end a proposed class action accusing it of demoting or terminating workers who take time off for military service, arguing that one of the plaintiffs was inadvertently fired while the other wasn't qualified for a promotion because he was "unprofessional."

  • August 06, 2024

    Dem Lawmakers Back FTC's Kroger-Albertsons Challenge

    A group of Democratic lawmakers is supporting the Federal Trade Commission in its suit to block Kroger's $25 billion acquisition of Albertsons, telling an Oregon federal judge in a friend-of-the-court brief that the agency's fears the deal would harm grocery workers and consumers are well-founded.

  • August 06, 2024

    Ex-Honeycomb Manager Wants Benefits Case Reopened

    Attorneys for a former Savannah Bee Co. honeycomb manager urged the Georgia Court of Appeals on Tuesday to reverse the Georgia Department of Labor's decision to deny her unemployment benefits on the grounds that her appeal was not timely, arguing circumstances caused her to file late with "good cause."

  • August 06, 2024

    NC Farming Business Wants H-2A Forced Labor Claims Cut

    Farming companies accused of human trafficking, forced labor and underpaying H-2A foreign temporary workers have urged a Virginia federal judge to dismiss the workers' suit, saying they failed to show the companies brought them to the U.S. for "involuntary servitude."

  • August 06, 2024

    10th Circ. Says Union Contract Legally Imposed On Okla. Co.

    An Oklahoma electric company must accept the successor contract imposed on it by an arbitration board, the Tenth Circuit said Tuesday, upholding an Oklahoma federal court's decision that the pact between Brent Electric Co. and an International Brotherhood of Electrical Workers local was imposed lawfully.

  • August 06, 2024

    Ga. Healthcare Co. Seeks Toss Of Ex-Manager's Bias Suit

    Georgia-based medical provider Premise Health has asked a federal judge to dismiss a former nurse's race and pregnancy bias suit, saying she was canned because of her "egregious" violations of COVID-19 safety protocols rather than her desire to pump breast milk on the job.

  • August 06, 2024

    Home Depot Hired Cops To Target Migrants, Suit Says

    A union representing Latino workers sued the city of Chicago and Home Depot in Illinois federal court Tuesday, alleging that city police officers moonlighting as store security subjected migrants seeking day labor work near the home improvement store to excessive force and racist insults in violation of their civil rights.

  • August 06, 2024

    Truckers Association Challenges AB 5 At 9th Circ.

    A trade association representing small trucking businesses told the Ninth Circuit that California's classification test in Assembly Bill 5 will obliterate the lease owner-operator system, urging the panel to flip a federal court's decision keeping the law running.

  • August 06, 2024

    Woman Drops Sex Abuse Suit Against Ex-NFL Player In Colo.

    The former controller for a former NFL player's reptile shipping business has, for now, dropped her lawsuit claiming the ex-linebacker sexually abused her at work and fired her after his wife discovered the conduct, apparently accepting the court's condition that she pay the player's costs and certain attorney fees.

  • August 06, 2024

    NJ Firm Wants Sanctions In Dispute With Ex-Employees

    Davis Saperstein & Salomon PC said eight former employees and the attorney representing them should be sanctioned for filing a pair of lawsuits in New Jersey state court alleging the firm violated wage and discrimination laws.

Expert Analysis

  • What's Next After NLRB Ruling On Overbroad Noncompetes

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    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.

  • Think Like A Lawyer: Dance The Legal Standard Two-Step

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    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.

  • Recent Settlement Shows 'China Initiative' Has Life After Death

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    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.

  • How Calif. Ruling Alters Worker Arb. Agreement Enforcement

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    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.

  • Congress Quietly Amends FEPA: What Cos. Should Do Now

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    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.

  • How First-Of-Its-Kind NIL Lawsuit Is Shaping College Athletics

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    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.

  • CFTC Action Highlights Necessity Of Whistleblower Carveouts

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    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.

  • Series

    Being A Luthier Makes Me A Better Lawyer

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    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.

  • Defending Against Aggressive DOL Child Labor Enforcement

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    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.

  • Lead Like 'Ted Lasso' By Embracing Cognitive Diversity

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    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.

  • 2 Lessons From Calif. Overtime Wages Ruling

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    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.

  • Questions Remain After 3rd Circ.'s NCAA Amateurism Ruling

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    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.

  • Justices' Starbucks Ruling May Limit NLRB Injunction Wins

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    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.

  • Class Actions At The Circuit Courts: July Lessons

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    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.

  • Biden Policy Gives Employers New Ways To Help Dreamers

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    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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