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Employment
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September 23, 2024
Ex-Holtec CIO Says She's Owed More Than $500K Bonus
The former chief investment officer for Holtec International is alleging in New Jersey federal court that she was demoted then fired earlier this year after expressing her concern over the company's bonus structure and its failure to pay her bonuses on time in violation of the state's wage payment law.
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September 23, 2024
DOL Says It Can Set Higher Wages For H-2A Workers
The U.S. Department of Labor told a Florida federal court that its final rule increasing foreign agricultural workers' salaries ensures that H-2A visa holders don't adversely affect the wages of other workers, rejecting farm groups' arguments that the department lacked the authority to do so.
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September 23, 2024
Boston Globe Secures Key Depo In Exec's Firing Suit
A Massachusetts state judge has OK'd The Boston Globe's request for a subpoena it hopes will show a fired executive had a habit of questionable corporate spending.
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September 23, 2024
Natural Gas Co. Must Pay $6.8M To Ex-Trader In Bonus Fight
A Colorado state judge has entered a $6.8 million judgment against a natural gas marketing company for its failure to pay an ex-trading director a bonus on lucrative trades he made during a 2021 winter storm, a sum that includes more than $2.5 million in penalties for the company's intentional violation of a state wage law.
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September 23, 2024
3rd Circ. Vexed By Time-Tracking Role In $22M Wage Case
The Third Circuit contemplated on Monday whether a Pennsylvania battery manufacturer shorted workers $22 million for time they spent putting on and taking off protective gear, with one judge questioning the employer's stance that it was the workers' responsibility to track their donning and doffing time.
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September 23, 2024
UPS Beats Union-Represented Workers' Pension, Wage Suit
UPS beat back claims that it violated benefits and wage laws by depriving two union-represented workers of their seniority and related pension credits when they transferred units, with an Indiana federal judge saying that issues with the lawsuit tanked the workers' legal arguments.
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September 23, 2024
Labor Attorney Who Leveled MLB Playing Field Dies At 93
Richard M. Moss, an attorney-turned-sports-agent who won free agency for baseball players and made star pitcher Nolan Ryan the first-ever professional athlete to score a $1 million contract for a single season, died over the weekend at age 93.
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September 23, 2024
Ex-Conn. Police Chief Demands Atty Fees After Winning Suit
The former chief of police in Newington, Connecticut, is demanding attorney fees after a state court judge dismissed him from a defamation lawsuit brought by the onetime town attorney and other ex-officials, which arose from ethics complaints that the plaintiffs say were full of lies.
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September 23, 2024
Mich. Justices Let Civil Servant Retirees Keep Benefits
The Michigan Supreme Court has let stand a ruling that retired municipal employees in Allen Park, Michigan, are entitled to healthcare benefits on terms that outlast their collective bargaining agreements with the city.
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September 23, 2024
Ex-Littler Shareholder Joins Thompson Coburn In St. Louis
Thompson Coburn LLP has added a former Littler Mendelson PC labor and employment shareholder with over 15 years of experience to its St. Louis office as a partner.
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September 23, 2024
Fabiani Cohen Says Equity Partner Can't File Employee Claim
Fabiani Cohen & Hall LLP told a New York federal judge on Friday that its equity partner's employment suit is motivated by her desire to increase her profit share of the firm, arguing that her status as an equity owner means she can't be considered an employee for the purposes of her claims.
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September 23, 2024
California City Worker Loses Bias Suit Over Racist Nickname
A federal jury sided with a California city in a race bias lawsuit filed by a Black maintenance worker who alleged that a supervisor and colleagues violated federal and state law by repeatedly referring to him by the name of a Mexican comic book character.
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September 23, 2024
Data Co. Ousted Exec Who Reported Harassment, Suit Says
A former sales director for data storage company WekaIO says she suffered sexual harassment and retaliation and was ultimately forced to leave the "male-dominated" company after a sham investigation, according to a lawsuit filed Monday.
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September 23, 2024
Raymond James Pushes Ex-VP's Sex Bias Suit Into Arbitration
A Florida federal judge kicked a fired Raymond James and Associates executive's sex bias suit to arbitration Monday, concluding that a federal law prohibiting mandatory arbitration of sex misconduct claims didn't apply because her harassment allegations lacked "plausibility."
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September 23, 2024
House Panel Subpoenas DOL For Independent Contractor Info
The chairwoman of the U.S. House Committee on Education and the Workforce served the U.S. Department of Labor with a subpoena Monday, pointing to the department's several failures to respond to questions about its independent contractor misclassification probes.
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September 23, 2024
Ark. Dispatcher's Settlement Approved In OT Dispute
An Arkansas federal judge signed off on a settlement that puts an end to an emergency dispatcher's proposed class action alleging the city of Jonesboro, Arkansas, shorted her and others on overtime wages, finding she had adequately resolved an error in her prior proposed settlement.
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September 23, 2024
FEMA Looks To Escape Atty's Bias And Retaliation Suit
The U.S. government has asked a federal judge to toss a suit alleging two agencies pushed out an Asian American attorney following her complaints that a male colleague harassed her, arguing she failed to state a claim in her "behemoth," 190-page complaint.
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September 20, 2024
Hyundai Says Startup Can't Sue In Calif. Over Trade Secrets
South Korea-based Hyundai urged a California federal judge on Friday to toss a lawsuit alleging it stole a North Carolina startup's electric vehicle battery material technology, saying a contract inked by a Silicon Valley Hyundai office doesn't give the district court in California jurisdiction over the matter.
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September 20, 2024
Hyundai Unit Unlawfully Fired Cannabis Patient, Suit Says
A subsidiary of Hyundai was hit with a discrimination lawsuit by a former employee in Connecticut who claims her usage of marijuana to manage her post-traumatic stress disorder was the reason for her termination.
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September 20, 2024
Judge Doubts Amazon Targeted Workers On Military Leave
A Washington federal judge pressed an ex-Amazon employee on Friday to back up allegations that she was fired for taking military leave, saying the termination appeared to be an administrative "oops" on the company's part that it has since corrected by offering reinstatement and back pay.
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September 20, 2024
H-2A Wage Rule Blocked In La. For Sugarcane Farms
A Louisiana federal judge said Thursday the U.S. Department of Labor likely didn't have the authority to raise wages for H-2A farmworkers, temporarily blocking the rule from applying to sugarcane farms in Louisiana.
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September 20, 2024
6th Circ. Revives Christian Challenges To LGBTQ Bias Law
The Sixth Circuit revived two lawsuits Friday from Christian organizations challenging a Michigan civil rights law barring discrimination based on sexual orientation and gender identity, saying they demonstrated a plausible fear of enforcement if they publicized their religious views.
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September 20, 2024
Employment Authority: DOL's Strategies After Chevron Ruling
Law360 Employment Authority covers the biggest employment cases and trends. Catch up this week with coverage on how effective the U.S. Department of Labor's tactics have been after the U.S. Supreme Court nixed the Chevron doctrine, the Federal Trade Commission's challenge to a proposed merger between Kroger and Albertsons highlights the overlap between labor law and antitrust enforcement and a look at the U.S. Equal Employment Opportunity Commission's enforcement efforts on the nation's newest civil rights laws.
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September 20, 2024
Conn. Court Axes Estate's Benefit Bid For Deceased Fire Chief
The estate of Waterbury, Connecticut's union-represented fire chief cannot collect any remaining workers' compensation benefits owed to him after his 1993 heart attack, a state appeals court ruled Friday, saying that under a city law, the chief's pension had adequately compensated him.
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September 20, 2024
2 SEC Commissioners Object To Whistleblower Award Secrecy
U.S. Securities and Exchange Commissioners Mark Uyeda and Hester Peirce have objected to the agency's recent decision to hand out a total of $122 million in two awards to four whistleblowers and issued a statement taking issue with the regulator's policy of saying little to nothing about why the rewards are issued.
Expert Analysis
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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.
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Boeing Saga Underscores Need For Ethical Corporate Culture
In the wake of recent allegations about Boeing’s safety culture, and amid the U.S. Department of Justice’s new whistleblower incentives, business leaders should reinvigorate their emphasis on compliance by making clear that long-term profitability requires ethical business practices, says Maxwell Carr-Howard at Dentons.
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New OSHA Memo Helps Clarify Recordkeeping Compliance
Based on recent Occupational Safety and Health Administration guidance on whether musculoskeletal disorders are recordable injuries under the agency's recordkeeping regulation, it appears that OSHA may target active release techniques and stretching programs during its inspections, say attorneys at Morgan Lewis.
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A Closer Look At Feds' Proposed Banker Compensation Rule
A recently proposed rule to limit financial institutions' ability to award incentive-based compensation for risk-taking may progress through the rulemaking process slowly due to the sheer number of regulators collaborating on the rule and the number of issues under consideration, say attorneys at Troutman Pepper.
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Why Jurors Balk At 'I Don't Recall' — And How To Respond
Jurors often react negatively to a witness who responds “I don’t remember” because they tend to hold erroneous beliefs about the nature of human memory, but attorneys can adopt a few strategies to mitigate the impact of these biases, say Steve Wood and Ava Hernández at Courtroom Sciences.
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Series
Fishing Makes Me A Better Lawyer
Atop the list of ways fishing makes me a better lawyer is the relief it offers from the chronic stress of a demanding caseload, but it has also improved my listening skills and patience, and has served as an exceptional setting for building earnest relationships, says Steven DeGeorge at Robinson Bradshaw.