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Employment
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September 30, 2024
Ex-UNC Prof Claims Admin Tapped Classroom In Firing Suit
A Native American former professor at the University of North Carolina has taken the school to federal court for allegedly recording his lectures without his consent and terminating him in retaliation for his public comments criticizing what he says is a lack of proper diversity initiatives at the university.
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September 30, 2024
FTC Withdraws From Feds' Merger Review Labor Pact
The Federal Trade Commission is withdrawing from an agreement signed in August with the U.S. Department of Justice, the U.S. Department of Labor and the National Labor Relations Board that's meant to increase collaboration when looking at labor issues in mergers.
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September 30, 2024
EEOC Sues Fla. Resort Over Worker Fired After Stillbirth
The U.S. Equal Employment Opportunity Commission sued a Florida resort Monday for alleged discrimination for firing a female line cook who requested time off to recover from a stillbirth, saying the former employee qualified for accommodations under the Pregnant Workers Fairness Act.
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September 30, 2024
Insurer Says Miami Can't Toss Retaliation Coverage Dispute
An insurer for the city of Miami sought to maintain its action seeking reimbursement of $5 million for expenses incurred in defending the city and one of its commissioners against underlying lawsuits alleging political retaliation, arguing that it didn't "commingle" claims regarding its potential defense and indemnification obligations.
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September 30, 2024
Insurer Says BIPA Row Not Covered Due To Prior Settlement
The insurer for a Chicago-based seat manufacturer told an Illinois federal court it owes no coverage for an underlying lawsuit accusing the company of violating the state's Biometric Information Privacy Act, noting it already reached a coverage settlement with the company in a prior BIPA class action involving similar claims.
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September 30, 2024
Logistics Co. Wants Out Of Worker Visa Misuse Class Action
A Georgia logistics company accused of luring skilled workers from Mexico to the U.S. with empty promises of well-paying technical jobs asked a federal judge Friday to be let out of the proposed class action for want of any ties to the plaintiffs' alleged mistreatment.
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September 30, 2024
Military Reservist Not Owed Top-Up Pay, Feds Tell High Court
A federal employee who was denied top-up pay while on active duty as a military reservist is not owed any wages because he wasn't called to serve in a national emergency despite serving at the same time as one, the U.S. Department of Transportation told the U.S. Supreme Court on Friday.
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September 30, 2024
AFL-CIO Backs NLRB In 6th Circ. Constitutionality Review
The United Auto Workers urged the Sixth Circuit not to block a National Labor Relations Board administrative suit accusing a car parts maker of firing a worker to stifle a union drive, saying the proceeding, which the company claims is unconstitutional, hasn't actually harmed it.
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September 30, 2024
Ex-Jersey Shore Mayor Admits To Benefits Theft, Tax Crimes
The former mayor of Wildwood, New Jersey, has admitted to unlawfully obtaining state health benefits, failing to disclose his outside employment and neglecting to report income from that job on state tax returns, New Jersey Attorney General Matthew J. Platkin and the Office of Public Integrity and Accountability announced Monday.
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September 30, 2024
Medical Device Co. Wins $25M Verdict In Poaching Trial
Medical device company Cynosure has won a $25 million jury award following a weekslong trial in Massachusetts federal court on its claims that a rival business raided its sales and marketing talent and caused the employees to breach their noncompete and nonsolicitation agreements.
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September 30, 2024
Ga. Judge Questions Pizzeria Wage Case Settlement Terms
A Georgia federal judge declined to sign off on an agreement to settle a former delivery driver's lawsuit alleging unreimbursed expenses pushed his pizzeria pay below the federal minimum wage, expressing some concern about the arrangement.
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September 30, 2024
J&J Exec Accused Of File Heist Wants Pause Amid DOJ Case
A former competitive strategy director for Johnson & Johnson accused of stealing confidential files as he left the company to work for Pfizer asked a New Jersey federal court to pause the suit after learning he is under criminal investigation.
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September 30, 2024
Theater Nixed Older Workers' Health Benefits, EEOC Says
A New Mexico movie theater refused to provide employees over 65 with health insurance benefits and forced a 72-year-old manager to retire amid the COVID-19 pandemic, the U.S. Equal Employment Opportunity Commission told a federal court.
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September 30, 2024
Red States Urge Justices To Take Up $15 Min. Wage Dispute
Conservative-led states told the U.S. Supreme Court that President Joe Biden's administration misused the Procurement Act when it hiked federal contractors' hourly minimum wage to $15, throwing their support behind two outdoor groups hoping to overturn a Tenth Circuit ruling in favor of the federal government.
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September 30, 2024
Macy's Can't Dodge DOL's Tobacco Surcharge Program Suit
An Ohio federal judge has denied Macy's Inc.'s bid to dismiss a health plan discrimination claim brought against it by the U.S. Department of Labor but gave the retailer a chance to try again, ruling that the parties' dispute has surely been affected by the U.S. Supreme Court's recent decision to ax Chevron deference.
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September 27, 2024
Sick Juror Goes Virtual To Keep Cognizant Trial On Track
A California federal judge proposed an "outside the box" idea Friday after a juror in a trial considering allegations that Cognizant Technologies is biased in favor of Indian workers came down with COVID-19, allowing the juror to view the proceedings from home via video.
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September 27, 2024
Ex-NFL Linebacker Wants THC Suit Back In Colorado Court
A former Denver Broncos player who sued the NFL for discrimination after he was fined more than $532,000 for using medically prescribed synthetic THC is urging a Colorado federal judge return the case to state court.
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September 27, 2024
Employment Authority: NLRB GC Broadens Noncompete Fight
Law360 Employment Authority covers the biggest employment cases and trends. Catch up this week with coverage on how the National Labor Relations Board general counsel's complaint against a company's no-poach provisions in contracts broadens her theory on the legality of noncompetes, a look at exemption questions arising from former President Donald Trump's campaign proposal to eliminate federal taxes on overtime compensation and why experts say recent U.S. Equal Employment Opportunity Commission suits highlight the risks of inflexible medical restriction policies.
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September 27, 2024
DC Circ. Skeptical Of Transformer Co.'s Union Vote Objections
Judges on the D.C. Circuit pressed an attorney for power transformer company VTCU on why it believes a National Labor Relations Board-overseen vote authorizing a union for the company's workers was flawed when both sides agreed to how it would go down.
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September 27, 2024
4th Circ. Judge Startled By 'Really Odd' $9M Wage Suit Win
A Fourth Circuit panel on Friday grappled with the degree of control nurses have over their work and if they automatically become employees by signing a noncompete, as it considered a medical staffing company's bid to overturn a $9 million misclassification suit judgment following a bench trial.
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September 27, 2024
Shipping Cos. Say Union Won't Bargain As Strike Looms
A group representing shipping industry employers along the East and Gulf coasts claimed the International Longshoremen's Association violated federal labor law by refusing to negotiate for a new contract, as the union representing thousands of dockworkers gears up for a strike that could begin Oct. 1.
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September 27, 2024
GOP States Sue HHS Over Gender Dysphoria Disability Rule
A group of 17 Republican attorneys general filed suit against the Biden administration seeking to block a rule defining gender dysphoria as a disability under federal law, arguing that Congress explicitly stated that the statutes don't protect gender identity disorders.
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September 27, 2024
Ex-Conn. Police Chief Drops Atty Fee Ask After Lawsuit Win
The former police chief in Newington, Connecticut, dropped his demand for attorney fees after defamation claims against him were dropped and a state court judge ordered that, in order to collect, his lawyer may have to testify at an upcoming hearing.
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September 27, 2024
50-Year-Old Lobs Age Bias Suit At Sporting Products Co
A 50-year-old Amer Sports recreational gear salesman alleges the Chinese investors who purchased the company passed him up for leadership roles despite his decades of experience and excellent performance, and then fired him when he complained about age discrimination.
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September 27, 2024
11th Circ. Rejects Initial En Banc Hearing For ERISA Appeal
The Eleventh Circuit denied an initial en banc hearing request from former employees of a seafood company who are pushing to revive a lawsuit alleging their employee stock ownership plan was overcharged by tens of millions of dollars after a Georgia federal judge dismissed the case in December.
Expert Analysis
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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.
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The Show Must Go On: Noncompete Uncertainty In Film, TV
The Federal Trade Commission has taken action to ban noncompetes while the entertainment industry is in the midst of a massive shift away from traditional media, so it is important for studio heads and content owners alike to understand the fate of the rule and their options going forward, say Christopher Chatham and Douglas Smith at Manatt.