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Employment
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January 13, 2025
Meat Giant JBS To Address Child Labor In $4M DOL Deal
The U.S. Department of Labor announced Monday that it secured an agreement with JBS USA Food Co. that requires the meatpacking processor and slaughterhouse giant to put $4 million towards helping those affected by unlawful child labor practices.
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January 13, 2025
4th Circ. Backs Arbitration In BoFA's PPP Loan Suits
The Fourth Circuit on Monday affirmed a decision ordering small businesses to arbitrate their proposed class action alleging Bank of America misled them on how to use the Paycheck Protection Program, noting the deposit agreements say an arbitrator will decide all disputes, including the scope of the arbitration provision.
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January 13, 2025
Carnival Waived Arbitration By Rejecting Fee, Ex-Worker Says
A former Carnival ship worker who was injured on the job argued Sunday that Carnival has waived its right to force him into arbitration by refusing to pay the worker's share of the filing fee after he initiated arbitration.
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January 13, 2025
Hytera Pleads Guilty To Stealing Motorola Trade Secrets
Hytera Communications Corp. Ltd. pled guilty Monday to one count of conspiracy to steal trade secrets from Motorola Solutions relating to its digital mobile radios, avoiding a trial scheduled next month in Chicago federal court.
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January 13, 2025
Duke Health Worker Agrees To Arbitrate Bias Suit, For Now
A former Duke University Health System Inc. radiology technologist who accused the healthcare network of firing her for being pregnant with her second child told a North Carolina federal judge Monday she is all right with her former employer's request to take the matter to arbitration.
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January 13, 2025
McDonald's Sued Over College Scholarship For Latinos
The same organization that successfully sued Harvard University over its affirmative action policies targeted McDonald's with a lawsuit in Tennessee federal court Sunday over its Latino scholarship program, arguing it violates a federal statute governing equal rights under the law.
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January 13, 2025
Justices Lean Toward Narrow Ruling In Retiree's ADA Fight
Several U.S. Supreme Court justices seemed wary Monday of issuing a sweeping decree in a disabled retiree's Americans with Disabilities Act lawsuit, hinting at plans to issue a narrower decision tailored to the specifics of the case.
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January 13, 2025
High Court Won't Revive Widow's Suit Against Trucking Co.
The U.S. Supreme Court on Monday declined a bid from the widow of a man killed in a tractor trailer collision to review a decision that federal transportation law preempts her negligent selection claim against the company that hired the trucker and his carrier.
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January 13, 2025
Court, Not County, Was Worker's Employer, Ga. Judge Says
A Georgia federal judge on Friday recommended freeing Fulton County from a lawsuit brought against it by a former juvenile court employee, who sued for age and disability discrimination after she was fired at 60 and had requested medical leave due to an upcoming knee surgery.
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January 13, 2025
Cannabis Co. Again Seeks Dismissal Of Finder's Fee Suit
The Cannabist Co. Holdings Inc. is asking a New York federal court to once again throw out a suit from an associate alleging he is owed $800,000 for facilitating an investment, saying New York law bars oral finder's fee contracts and the claims are still blocked by the statute of limitations.
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January 13, 2025
Ex-NJ Public Defender, Atlantic City End Bias Suit
A New Jersey federal judge has dismissed a gender discrimination and retaliation lawsuit brought by a former municipal public defender against Atlantic City and her onetime supervisor after the parties settled.
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January 13, 2025
FedEx Drivers Rip Company's 'Desperate' Bid To Duck OT Suit
FedEx drivers working for intermediate employers have pressed a Massachusetts federal judge to keep alive one of a handful of overtime lawsuits against the shipping giant, blasting the company's "desperate" bid to have the case kicked as a sanction to the drivers' lawyers.
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January 13, 2025
College Athlete Group Asks To Drop NLRB Classification Case
The advocacy group behind a National Labor Relations Board case seeking to establish that federal labor law covers certain college athletes has asked to withdraw the underlying claims, citing recent developments that could see players get a share of the money their play makes.
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January 13, 2025
Smith Gambrell Faces DQ Bid In Major Lindsey Suit
A former Major Lindsey & Africa employee with a lengthy legal history with the recruiter is seeking to disqualify Smith Gambrell from representing Major Lindsey in her $75 million federal defamation suit, arguing three attorneys are key witnesses to help determine liability.
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January 13, 2025
Pa. AG Urges 3rd Circ. To Revive Uber Drivers' Wage Suit
Pennsylvania's attorney general urged the Third Circuit to revive a class action accusing Uber of misclassifying drivers as independent contractors, saying the worker-friendly Pennsylvania wage and hour law claims should not have been thrown out.
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January 13, 2025
Justices Won't Eye 7th Circ.'s Stay Of Trade Secrets Fight
The U.S. Supreme Court on Monday declined to review whether the Seventh Circuit correctly paused an Illinois trade secrets case involving a company that sells nail polish while a dispute over who owns the business plays out in New Jersey state court.
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January 13, 2025
Justices Won't Review Biden's Contractor Wage Hike
The U.S. Supreme Court won't review President Joe Biden's authority to raise the minimum wage for federal contract workers, the high court said Monday, shutting down a bid to overturn a Tenth Circuit decision.
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January 10, 2025
Up Next At High Court: Porn ID Check & Retiree Discrimination
The U.S. Supreme Court will return to the bench Monday for a full argument session, in which the justices will debate whether a Texas law requiring pornography websites to verify their visitors aren't minors violates the First Amendment and if retirees have the right to sue former employers for benefits discrimination.
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January 10, 2025
X Fights Finding Severance Row Contract Claims Can Survive
X Corp. and Elon Musk squared off with ex-Twitter workers in Delaware federal court, filing dueling briefs that took opposing stances over whether a district judge should adopt a recommendation to keep alive some breach-of-contract allegations in the workers' proposed class action claiming they were cheated out of severance benefits.
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January 10, 2025
Texas High Court Flips Course To Hear Boeing Back Pay Suit
The Texas Supreme Court changed course Friday in a case over the Southwest Airlines Pilots Association's attempts to recover lost wages from The Boeing Co. after the Federal Aviation Administration grounded Boeing's 737 Max plane in 2019, granting a motion for rehearing.
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January 10, 2025
Blue State AGs Urge Walmart To Reinstate DEI Initiatives
A group of Democratic state attorneys general sent a letter to Walmart CEO Doug McMillon on Thursday urging the retail giant to reconsider scrapping diversity, equity and inclusion initiatives, saying such programs "are not just good policy, but in many cases are necessary to comply with the law."
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January 10, 2025
Health Co. Wants To Quit Nicotine Surcharge Suit
Nonprofit health system Advocate Aurora Health is urging an Illinois federal judge to permanently toss former employees' lawsuit targeting an allegedly illegal tobacco-use surcharge in its health plan, arguing that after three tries they still have failed to bring a viable claim.
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January 10, 2025
Employment Authority: DOL's Julie Su On Her Tenure
Law360 Employment Authority covers the biggest employment cases and trends. Catch up this week with Acting U.S. Department of Labor Secretary Julie Su's look back on her tenure, an analysis of the Teamsters' strike at Amazon last month and seven argument sessions involving employment bias that attorneys should keep on their radar in January.
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January 10, 2025
NJ Says Existing Anti-Discrimination Law Applies To Using AI
New Jersey's attorney general issued guidance clarifying that the Garden State's discrimination law applies to "algorithmic discrimination," or discrimination and bias-based harassment stemming from the use of artificial intelligence and other similar technologies.
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January 10, 2025
Ex-Accenture Worker Fights To Keep Harassment Suit Alive
A former management consulting analyst for Accenture LLP who sued the company over its handling of sexual harassment complaints against a supervisor asked a Georgia federal judge Thursday to ignore a magistrate judge's position that adding "meritless" disability claims to the suit would be a pointless exercise.
Expert Analysis
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Celebs' Suits Show Limits Of Calif. Anti-SLAPP Laws
Two recent cases including Amanda Ghost v. Rebel Wilson and Leviss v. Sandoval highlight the delicate balancing act courts must perform in weighing free speech against privacy and reputational harm under California's robust anti-strategic lawsuit against public participation laws, say attorneys at Nixon Peabody.
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2 Cases May Signal Where FTC Is Headed On Labor Issues
Two recent Federal Trade Commission challenges to no-hire clauses in agreements between building service firms and their customers include comments by future FTC Chair Andrew Ferguson that may offer insight into the direction the FTC is headed on labor issues, says Michael Wise at Squire Patton.
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How Decline Of Deference Will Affect Trump Policymaking
An administrative law regime without Chevron deference may limit the Trump administration’s ability to implement new policies in the short term, but ultimately help it in the long term, and all parties with an interest in regulatory changes will have to take a fresh approach to litigation, say attorneys at Covington.
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5 Evolving Concerns For Family Offices In 2025
Complex regulatory changes and emerging operational risks will force family offices to stay on their toes in 2025, with timely action particularly necessary to address several tax and reporting developments that may affect their investments and business operations, say attorneys at Morgan Lewis.
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New Law In NY Places Employee NIL Rights In Spotlight
New York recently became the first state to codify name, image and likeness rights for models, but as such protections seemingly expand for individual employees across industries, employers may want to brush up on related case law, and update their handbooks and policies accordingly, says Timothy Bechen at Woods Rogers.
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Expect A Big Shake Up At The EEOC Under 2nd Trump Admin
During President-elect Donald Trump’s second term, the U.S. Equal Employment Opportunity Commission is likely to significantly shift its focus and priorities, especially where workplace DEI initiatives, immigration enforcement, LGBTQ+ rights and pregnancy protections are concerned, say attorneys at Stoel Rives.
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Defense Strategies For Addressing Conspiracy-Minded Jurors
As conspiracy theories continue to proliferate and gain traction in the U.S., defense attorneys will need to consider ways to keep conspiracy-minded jurors from sitting on the jury, and to persuade them when this isn’t possible, say consultants at IMS Legal Strategies.
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7 Ways 2nd Trump Administration May Affect Partner Hiring
President-elect Donald Trump's return to the White House will likely have a number of downstream effects on partner hiring in the legal industry, from accelerated hiring timelines to increased vetting of prospective employees, say recruiters at Macrae.
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4 Novel Issues From The Blake Lively, Justin Baldoni Suits
A series of lawsuits arising from actress Blake Lively's sexual harassment and retaliation complaint against her "It Ends With Us" co-star, Justin Baldoni, present novel legal issues that employment and defamation practitioners alike should follow as the litigation progresses, say attorneys at Dorsey & Whitney.
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E-Discovery Quarterly: Rulings On Custodian Selection
Several recent rulings make clear that the proportionality of additional proposed custodians will depend on whether the custodians have unique relevant documents, and producing parties should consider whether information already in the record will show that they have relevant documents that otherwise might not be produced, say attorneys at Sidley.
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Religious Accommodation Lessons From $12.7M Vax Verdict
A Michigan federal jury’s recent $12.7 million verdict against Blue Cross Blue Shield of Michigan starkly reminds employers of the risks they face when assessing employees’ religious accommodation requests, highlighting pitfalls to avoid and raising the opportunity to consider best practices to follow, say attorneys at Williams & Connolly.
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What To Expect In Higher Ed Enforcement Under Trump
Colleges and universities should prepare for shifting priorities, as President-elect Donald Trump is likely to focus less on antitrust cases and more on foreign relations policy, while congressional oversight of higher education continues to increase, say attorneys at Steptoe.
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Series
NY Banking Brief: All The Notable Legal Updates In Q4
In 2024's final quarter, the New York State Department of Financial Services published guidance on mitigating the rising cybersecurity risks of artificial intelligence and remote technology workers with North Korean ties, and the state attorney general launched an antitrust investigation into Capital One's proposed Discover merger, say attorneys at Haynes Boone.
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How Trial Attys Can Wield Amended Federal Evidence Rules
Trial lawyers should assess recent amendments to four Federal Rules of Evidence and a newly enacted rule on illustrative aids to determine how to best use the rules to enhance pretrial discovery and trial strategy, says Stewart Edelstein, former litigation chair at Cohen & Wolf.
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Series
Exercising On My Peloton Bike Makes Me A Better Lawyer
While I originally came to the Peloton bike for exercise, one cycling instructor’s teachings have come to serve as a road map for practicing law thoughtfully and mindfully, which has opened opportunities for growth and change in my career, says Andrea Kirshenbaum at Littler.