Employment

  • October 16, 2024

    Ex-Davis Polk Atty Drops Appeal Of Bias Verdict Loss

    A former Davis Polk & Wardwell LLP associate on Tuesday dropped his appeal of a jury verdict clearing the firm and two lawyers of liability in a suit alleging he was fired in retaliation for airing concerns about racial bias and diversity.

  • October 16, 2024

    Conn. Nurses Sue To Block Forced Post-Contract Overtime

    A union representing nurses at a Hartford HealthCare-affiliated hospital in Norwich, Connecticut, has asked a state superior court judge to block mandatory overtime assignments, arguing that a 2020 union contract requiring such shifts expired over the summer and that a 2023 state statute bans the hospital's continuing practices.

  • October 16, 2024

    Ex-Atlanta IT Worker Sues City For Wrongful Firing, Race Bias

    A Black woman who previously served as a senior-level director in the city of Atlanta's information management department has filed suit against the city in Georgia federal court, alleging she was fired after months of raising internal complaints of discrimination within the department.

  • October 16, 2024

    Nerds, Laffy Taffy Maker Hit With Genetic Info Privacy Claims

    The Illinois-based company behind popular candies such as Nerds, Laffy Taffy and SweeTarts probes job applicants' medical histories in violation of their genetic information privacy rights, according to a proposed class lawsuit filed Tuesday in Illinois state court.

  • October 16, 2024

    Award Rightly Reinstates Worker In Pot Test Spat, Judge Says

    An arbitration board correctly ordered an Alaska Airlines mechanic's reinstatement after he was fired following a positive test for marijuana, a Washington federal judge concluded, upholding the arbitration panel's view of the just cause provision in the labor contract between the airline and the worker's union.

  • October 16, 2024

    Record Labels Seek Sanctions For Claim They Aided Combs

    Music companies on Wednesday urged a Manhattan federal judge to sanction an attorney for pursuing what they called "outrageous" claims that they supported Sean "Diddy" Combs' sex- and drug-fueled "freak offs."

  • October 16, 2024

    9th Circ. Won't Rethink Reviving Airline Military Bias Suit

    The Ninth Circuit on Wednesday rejected Alaska Airlines' bid for the court to reconsider its August opinion reinstating a class action accusing the airline of illegally denying accrued vacation and sick time to pilots on military assignments.

  • October 16, 2024

    Ex-Jones Day Attys' Parental Leave Suit Gets 2025 Trial Date

    Two former Jones Day associates challenging the firm's family leave policy will go to trial in late 2025 after a D.C. federal judge allowed certain claims in the lawsuit to move forward.

  • October 16, 2024

    UFC, Fighters Get New Hearing On Revised $375M Settlement

    A Nevada federal judge has scheduled an Oct. 22 hearing to consider a $375 million proposed settlement between UFC and former fighters that would resolve claims the organization underpaid match participants for years, according to a minute order on Tuesday.

  • October 16, 2024

    Historic NY Church Wrongly Demoted Black Worker, Suit Says

    A historic Episcopal church in Lower Manhattan demoted a Black media relations manager and denied her professional opportunities because of her race after it brought in a new executive, according to a lawsuit filed in New York federal court.

  • October 16, 2024

    Lesbian Nurse Says Ga. Hospital's Fertility Plan Is Biased

    A lesbian nurse has hit a Georgia hospital and healthcare system with a proposed class action, alleging that the medical plan they offer employees discriminates against homosexual women by charging them more upfront to receive fertility care than women in heterosexual relationships.

  • October 16, 2024

    Remote Workers Weren't Reimbursed For Expenses, Suit Says

    A customer experience technology company required remote workers to purchase high-speed internet and computers but didn't reimburse them for these costs, causing their wages to hold less value, a former employee said in a lawsuit filed in Colorado federal court.

  • October 16, 2024

    Foley Hoag Wants Bulk Of Claims Axed In NY Wage Suit

    Foley Hoag LLP has asked a New York federal judge to toss most of the claims in an employee's suit alleging the firm failed to pay overtime wages and engaged in various forms of retaliation and discrimination against him, arguing the complaint "is largely devoid of well-pleaded factual allegations."

  • October 16, 2024

    Columbia Prof Says Firm Abandoned Her During Israel Probe

    A Columbia Law School professor accused plaintiffs employment firm Outten & Golden LLP of abruptly dropping her as a client amid the school's investigation into her comments on campus tensions tied to Israel's attack on Gaza, saying on X Wednesday that the firm's alleged conduct prompted her attorney to resign after nearly 24 years as a partner there.

  • October 16, 2024

    Combs Asks To ID His Accusers, Citing 'Media Circus'

    Hip-hop mogul Sean "Diddy" Combs has asked a Manhattan federal judge to identify the accusers behind his sex-trafficking and racketeering case, claiming the "media circus" surrounding the prosecution and related civil suits has made it impossible for him to develop an adequate defense.

  • October 16, 2024

    New Orleans Saints, Pelicans Settle Worker's Vaccination Suit

    The NFL and NBA teams in New Orleans informed a Louisiana federal judge that they have settled a lawsuit with a former employee who claimed she was wrongfully fired after refusing a COVID-19 vaccine because of medical and religious reasons.

  • October 16, 2024

    PE Firm Trashed Exec To Avoid Payout In $98M Deal, Suit Says

    A Summit Partners affiliate and several executives concocted false allegations of misconduct to get out of fully compensating the owner of an investment management firm as part of an acquisition worth a reported $97.6 million, according to a complaint filed in Massachusetts state court.

  • October 16, 2024

    House Panel Presses DOL For Contractor Probes Data

    The U.S. House Committee on Education and the Workforce on Wednesday pressed the U.S. Department of Labor to disclose data over its independent contractor misclassification investigations, saying that the department continues to hold on to the information even after receiving a subpoena.

  • October 16, 2024

    DLA Piper Says 'Sloppy' Work Cost Pregnant Associate Job

    DLA Piper urged a New York federal court to throw out a former associate's lawsuit alleging that she was fired after requesting maternity leave, saying her work performance was "shockingly poor" during her one year with the firm.

  • October 16, 2024

    Duquesne University Beats Ex-Gift Officer's Age Bias Suit

    Duquesne University defeated a former gift officer's suit claiming he was fired for complaining that his boss reassigned work to a younger employee because he was in his 60s, with a Pennsylvania federal judge ruling that he failed to identify a comparable colleague who was treated better.

  • October 16, 2024

    Dermatology Practice Can't Escape Fired Doctor's Bias Suit

    A Pennsylvania federal judge refused Wednesday to toss a sex and age discrimination suit from a dermatologist who said she was unlawfully fired by the private equity-backed practice that bought her business, ruling she put forward enough details to keep her claims in play.

  • October 15, 2024

    Combs Hit With Slew Of Assault Suits Dating Back To 1995

    Sean "Diddy" Combs was hit with six new lawsuits in Manhattan federal court Monday, alleging that for decades the hip-hop mogul sexually assaulted women, men and minors at parties and other events, including one woman who says he raped her at a promotional party for a Notorious B.I.G. music video.

  • October 15, 2024

    Kirkland-Led Boeing Seeks Up To $35B Amid Labor Strike

    Boeing notified regulators on Tuesday of plans to raise up to $35 billion through securities offerings and a credit agreement, guided by Kirkland & Ellis LLP, as the aviation giant seeks access to cash amid a prolonged strike and production cuts.

  • October 15, 2024

    Benefit Cos. Urge Justices Take Up Cert. Fight From 5th Circ.

    Three benefit companies urged the U.S. Supreme Court to review a Fifth Circuit decision upholding certification of a class of more than 290,000 workers in a suit alleging excessive health and retirement plan fees, arguing the justices need to iron out a circuit split on standing requirements.

  • October 15, 2024

    Fired Attorney Says Legal Aid Has Racist Environment

    The New York City nonprofit Legal Aid Society did nothing to address complaints that white employees regularly treated Black colleagues disrespectfully, including by excluding them from professional opportunities and using offensive language, a Black former staff attorney told a federal court.

Expert Analysis

  • FLSA Conditional Certification Is Alive And Well In 4th Circ.

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    A North Carolina federal court's recent decision in Johnson v. PHP emphasized continued preference by courts in the Fourth Circuit for a two-step conditional certification process for Fair Labor Standards Act collective actions, rejecting views from other circuits and affording plaintiffs a less burdensome path, say Joshua Adams and Damón Gray at Jackson Lewis.

  • Series

    Solving Puzzles Makes Me A Better Lawyer

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    Tackling daily puzzles — like Wordle, KenKen and Connections — has bolstered my intellectual property litigation practice by helping me to exercise different mental skills, acknowledge minor but important details, and build and reinforce good habits, says Roy Wepner at Kaplan Breyer.

  • Colo. Ruling Adopts 'Actual Discharge' Test For The First Time

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    After a Colorado court’s recent decision in Potts v. Gaia Children, adopting for the first time a test for evaluating an actual discharge claim, employers must diligently document the circumstances surrounding termination of employment, and exercise particular caution when texting employees, says Michael Laszlo at Clark Hill.

  • Texas Ethics Opinion Flags Hazards Of Unauthorized Practice

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    The Texas Professional Ethics Committee's recently issued proposed opinion finding that in-house counsel providing legal services to the company's clients constitutes the unauthorized practice of law is a valuable clarification given that a UPL violation — a misdemeanor in most states — carries high stakes, say Hilary Gerzhoy and Julienne Pasichow at HWG.

  • Series

    After Chevron: Good News For Gov't Contractors In Litigation

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    The net result of the U.S. Supreme Court's decision overturning Chevron deference is that individuals, contractors and companies bringing procurement-related cases against the government will have new pathways toward success, say Joseph Berger and Andrés Vera at Thompson Hine.

  • In Memoriam: The Modern Administrative State

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    On June 28, the modern administrative state, where courts deferred to agency interpretations of ambiguous statutes, died when the U.S. Supreme Court overruled its previous decision in Chevron v. Natural Resources Defense Council — but it is survived by many cases decided under the Chevron framework, say Joseph Schaeffer and Jessica Deyoe at Babst Calland.

  • Opinion

    It's Time For Nationwide Race-Based Hair Protections

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    While 24 states have passed laws that prohibit race-based hair discrimination, this type of bias persists in workplaces and schools, so a robust federal law is necessary to ensure widespread protection, says Samone Ijoma and Erica Roberts at Sanford Heisler.

  • Series

    After Chevron: EEOC Status Quo Will Likely Continue

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    As the legal landscape adjusts to the end of Chevron deference, the U.S. Equal Employment Opportunity Commission’s rulemaking authority isn’t likely to shift as much as some other employment-related agencies, says Paige Lyle at FordHarrison.

  • How High Court Approached Time Limit On Reg Challenges

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    The U.S. Supreme Court's decision in Corner Post v. Federal Reserve Board effectively gives new entities their own personal statute of limitations to challenge rules and regulations, and Justice Brett Kavanaugh's concurrence may portend the court's view that those entities do not need to be directly regulated, say attorneys at Snell & Wilmer.

  • Series

    After Chevron: FTC's 'Unfair Competition' Actions In Jeopardy

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    While the U.S. Supreme Court's decision ending Chevron deference will have limited effect on the Federal Trade Commission's merger guidelines, administrative enforcement actions and commission decisions on appeal, it could restrict the agency's expansive take on its rulemaking authority and threaten the noncompete ban, say attorneys at Baker Botts.

  • How To Clean Up Your Generative AI-Produced Legal Drafts

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    As law firms increasingly rely on generative artificial intelligence tools to produce legal text, attorneys should be on guard for the overuse of cohesive devices in initial drafts, and consider a few editing pointers to clean up AI’s repetitive and choppy outputs, says Ivy Grey at WordRake.

  • Series

    After Chevron: Various Paths For Labor And Employment Law

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    Labor and employment law leans heavily on federal agency guidance, so the U.S. Supreme Court’s decision to toss out Chevron deference will ripple through this area, with future workplace policies possibly taking shape through strategic litigation, informal guidance, state-level regulation and more, says Alexander MacDonald at Littler.

  • Series

    Boxing Makes Me A Better Lawyer

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    Boxing has influenced my legal work by enabling me to confidently hone the skills I've learned from the sport, like the ability to remain calm under pressure, evaluate an opponent's weaknesses and recognize when to seize an important opportunity, says Kirsten Soto at Clyde & Co.

  • Opinion

    Industry Self-Regulation Will Shine Post-Chevron

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    The U.S. Supreme Court's Loper decision will shape the contours of industry self-regulation in the years to come, providing opportunities for this often-misunderstood practice, says Eric Reicin at BBB National Programs.

  • 3 Ways Agencies Will Keep Making Law After Chevron

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    The U.S. Supreme Court clearly thinks it has done something big in overturning the Chevron precedent that had given deference to agencies' statutory interpretations, but regulated parties have to consider how agencies retain significant power to shape the law and its meaning, say attorneys at K&L Gates.

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