Employment

  • December 11, 2024

    United Airlines Illegally Withheld Wages, PAGA Suit Says

    United Airlines cheated employees out of pay by requiring them to work during breaks and mandating unpaid COVID-19 screenings, a former employee said in her Private Attorneys General Act suit in California state court.

  • December 11, 2024

    4th Circ. Seems Wary Of Reviving Post-Pregnancy Firing Suit

    The Fourth Circuit seemed skeptical Wednesday of a former Nexstar Media Inc. worker's bid to revive her pregnancy-related disability discrimination suit, reminding the ex-employee's counsel about the limits to how much accommodation an employer has to provide.

  • December 11, 2024

    Quick Party Shift Coming To NLRB As McFerran Vote Fails

    President-elect Donald Trump appears poised to have an immediate opening to seat a Republican majority at the National Labor Relations Board after the U.S. Senate narrowly voted down a push to give outgoing Democratic Chairman Lauren McFerran another term Wednesday.

  • December 11, 2024

    DA Says Allegheny County Pension System Risks Insolvency

    The Allegheny County employee retirement coffers could run out of money within 15 years, the Pennsylvania jurisdiction's top prosecutor warned in a lawsuit seeking to make the county and the retirement board fix the allegedly floundering system.

  • December 11, 2024

    Calif. Panel Reverses Cost Award After Auto Shop Wage Trial

    A California appeals panel flipped a lower court's decision awarding about $54,000 in post-offer costs to an auto body shop after winning a former employee's wage and hour suit, saying that two sections of the California Labor Code preclude such awards.

  • December 11, 2024

    Mass. Prison Fired Pregnant Officer For Vax Refusal, Suit Says

    A former Massachusetts corrections officer on Wednesday filed a suit against the state's prison system in federal court, saying she was wrongly denied a religious exemption to its COVID-19 vaccination mandate while she was pregnant, passed over for a promotion and ultimately fired.

  • December 11, 2024

    ConEd Escapes Fired In-House Atty's Gender, Age Bias Suit

    A New York federal judge tossed an attorney's suit claiming she was fired by Con Edison out of age and gender animus after complaining that her boss unfairly criticized her, ruling she failed to show that her identity rather than her yearslong performance issues got her canned.

  • December 10, 2024

    OneTaste Execs Want Sexually Explicit Evidence Out Of Trial

    Former OneTaste executives on Tuesday asked a New York federal judge to block prosecutors from showing jurors sexually explicit evidence at their upcoming forced labor conspiracy trial, saying the government is trying to put the sexual wellness company and "orgasmic meditation" on trial.

  • December 10, 2024

    Jay-Z Says PI Atty Buzbee Has History Of False Diddy Claims

    Shawn "Jay-Z" Carter's lawyers told a New York federal judge on Tuesday that the law firm of Tony Buzbee, a high-profile personal injury attorney suing the music mogul for allegedly raping a 13-year-old girl alongside Sean "Diddy" Combs, tried to pressure a different woman into leveling false sexual assault claims against Diddy.

  • December 10, 2024

    3rd Circ. Reopens White Worker's Bias Suit Against Tech Firm

    The Third Circuit revived a white former manager's lawsuit alleging an Indian information technology company unlawfully favored South Asian job candidates and employees, ruling Tuesday that a trial court was wrong to say his failed attempt to join a separate class action couldn't extend the time limit for his claims. 

  • December 10, 2024

    BNSF Railway On The Hook For $2.7M Spinal Injury Verdict

    BNSF Railway Co. can not escape a $2.75 million jury verdict that found it had negligently caused a worker's permanent spinal injuries, a Missouri appeals court ruled Tuesday, saying the trial court made no mistake when telling jurors to consider both the safety conditions of the train and reflective vest.

  • December 10, 2024

    Tool Co. Fights Bid To DQ Law Firm In Whistleblower Case

    A tool company pushed back on a bid to disqualify a Smith Gilliam Williams & Miles PA attorney from representing it in a former employee's False Claims Act suit, saying documents made available to the firm when a different firm attorney represented the ex-employee in a domestic matter have no bearing on the case.

  • December 10, 2024

    AFL-CIO Backs DOL In Effort To Keep H-2A Labor Rule Alive

    The AFL-CIO on Tuesday backed the U.S. Department of Labor's efforts to toss a suit in North Carolina federal court challenging the department's final rule protecting union-related activities for agricultural workers on seasonal H-2A visas, saying that it doesn't violate federal labor law.

  • December 10, 2024

    Insurer Eyes Dismissal Of Pot Co. Trulieve's Coverage Case

    An insurance company that is a unit of Berkshire Hathaway is arguing that it has no obligation to defend Trulieve Inc., which is being sued over a cannabis worker's death, urging a federal judge to toss the lawsuit brought by the largest medical marijuana operator in Florida.

  • December 10, 2024

    Split 9th Circ. Won't Revive Tesla Worker's Whistleblower Suit

    A split Ninth Circuit refused to revive a terminated Tesla worker's Sarbanes-Oxley whistleblower claim alleging he was retaliated against for reporting unlawful activity, ruling on Tuesday the worker is precluded from re-litigating in district court whether he engaged in protected activity, since an arbitrator already decided that he did not.

  • December 10, 2024

    Ex-CEO Argues Arbitrator's Failure To Disclose Sinks Award

    A former CEO of Canadian biopharmaceutical company FSD Pharma Inc. who sued after he was terminated is urging the Third Circuit to reverse a lower court's decision confirming an unfavorable Canadian arbitral award, asserting the arbitrator concealed an extensive prior relationship with the company.

  • December 10, 2024

    9th Circ. Judge Criticizes SF's 'Arbitrary' COVID Vax Mandate

    A Ninth Circuit panel doubted Tuesday whether a district judge followed the appellate panel's prior order requiring him to reconsider ex-San Francisco public employees' injunction bid in their civil rights case challenging the city's COVID-19 vaccination mandate, with one judge criticizing the city's since-expired worker vax mandate as "arbitrary."

  • December 10, 2024

    6th Circ. Judges Doubt Engineers' Claims Avoid Labor Act

    Sixth Circuit judges on Tuesday sounded skeptical that a group of auto engineers' claims over a bribery scheme between the United Auto Workers union and Fiat Chrysler, which the engineers allege negatively affected their employment, wouldn't be based on their collective bargaining agreement and thus preempted by federal labor law.

  • December 10, 2024

    Biz Owner In $2.8M Worker Tax Scheme Gets 18 Months

    A construction company owner who failed to pay $2.8 million in employment taxes by falsely claiming his workers were subcontractors was sentenced to 18 months in prison Tuesday and ordered to pay full restitution, according to Massachusetts federal court documents.

  • December 10, 2024

    NJ Panel Revives Union's Suit Over Sick Leave Policies

    A New Jersey appeals court upended Jersey City's win in a firefighters union's lawsuit challenging two city policies pertaining to sick leave, finding Tuesday the union put forward enough information to defeat the city's dismissal bid.

  • December 10, 2024

    'Figurehead Plaintiff' Dooms Cert. In Hotel Workers' BIPA Suit

    An Illinois federal judge refused Tuesday to certify a class of hotel workers accusing software provider Unifocus of violating Illinois' landmark biometric privacy law, saying their class representative had become a "forbidden figurehead plaintiff" who didn't see the operative complaint until more than three years into the litigation.

  • December 10, 2024

    9th Circ. OKs Dues Language In Allegiant Union Contract

    Allegiant Air and a Transport Workers Union local can keep their victory over a challenge to the dues provision of their collective bargaining agreement, the Ninth Circuit ruled Tuesday, upholding a California federal judge's ruling that the provision's language is legal under the Railway Labor Act.

  • December 10, 2024

    DHS Makes Automatic Work Permit Extensions Permanent

    The U.S. Department of Homeland Security said Tuesday it's permanently increasing the automatic extension period for expiring work authorization to 540 days, giving a boost to eligible immigrant workers who may otherwise confront a lapse in their permission to work.

  • December 10, 2024

    Labcorp Accuses Ex-Sales Exec Of Stealing Customers

    Laboratory Corp. of America Holdings took its former sales marketing executive to North Carolina federal court, along with his new employer, claiming that the worker has been violating his noncompete and nonsolicitation agreements by poaching Labcorp's customers and using its confidential information against it.

  • December 10, 2024

    NJ Atty Hits Law Firm With Pregnancy Bias, Retaliation Suit

    A New Jersey lawyer has been hit with pregnancy discrimination and whistleblower claims by a former attorney at his firm who alleges that she was punished after announcing her pregnancy and for reporting what she believed to be fraudulent billing practices.

Expert Analysis

  • Why Attorneys Should Consider Community Leadership Roles

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    Volunteering and nonprofit board service are complementary to, but distinct from, traditional pro bono work, and taking on these community leadership roles can produce dividends for lawyers, their firms and the nonprofit causes they support, says Katie Beacham at Kilpatrick.

  • How NJ Temp Equal Pay Survived A Constitutional Challenge

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    The Third Circuit recently gave the New Jersey Temporary Workers' Bill of Rights a new lease on life by systematically dismantling multiple theories of the act's unconstitutionality brought by staffing agencies hoping to delay their new equal pay and benefits obligations, say attorneys at Duane Morris.

  • Firms Must Offer A Trifecta Of Services In Post-Chevron World

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    After the U.S. Supreme Court’s Loper Bright Enterprises v. Raimondo decision overturning Chevron deference, law firms will need to integrate litigation, lobbying and communications functions to keep up with the ramifications of the ruling and provide adequate counsel quickly, says Neil Hare at Dentons.

  • 5 Tips To Succeed In A Master Of Laws Program And Beyond

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    As lawyers and recent law school graduates begin their Master of Laws coursework across the country, they should keep a few pointers in mind to get the most out of their programs and kick-start successful careers in their practice areas, says Kelley Miller at Reed Smith.

  • NYC Wage Info Bill Highlights Rise In Pay Transparency Laws

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    With New York City the latest to mull requiring companies to annually report employee wage data, national employers should consider adapting their compliance practices to comply with increasingly common pay transparency and disclosure obligations at state and local levels, says Kelly Cardin at Littler Mendelson.

  • When Trauma Colors Testimony: How To Help Witnesses

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    As stress-related mental health issues continue to rise, trial attorneys must become familiar with a few key trauma-informed strategies to help witnesses get back on track — leaning in to the counselor aspect of their vocations, say Ava Hernández and Steve Wood at Courtroom Sciences.

  • Series

    Being An Opera Singer Made Me A Better Lawyer

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    My journey from the stage to the courtroom has shown that the skills I honed as an opera singer – punctuality, memorization, creativity and more – have all played a vital role in my success as an attorney, says Gerard D'Emilio at GableGotwals.

  • How Law Firms Can Avoid 'Collaboration Drag'

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    Law firm decision making can be stifled by “collaboration drag” — characterized by too many pointless meetings, too much peer feedback and too little dissent — but a few strategies can help stakeholders improve decision-making processes and build consensus, says Steve Groom at Miles Mediation.

  • Workday AI Bias Suit Suggests Hiring Lessons For Employers

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    As state laws and a federal agency increasingly focus on employment bias introduced by artificial intelligence systems, a California federal court's recent decision to allow a discrimination suit to proceed against Workday's AI-driven recruitment software, shows companies should promptly assess these tools' risks, say attorneys at Williams & Connolly.

  • When The Supreme Court Gives You Lemons, Make Lemonade

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    Instead of grousing about the U.S. Supreme Court’s recent decisions overturning long-standing precedents, attorneys should look to history for examples of how enterprising legal minds molded difficult decisions to their advantage, and figure out how to work with the cards they’ve been dealt, says Reuben Guttman at Guttman Buschner.

  • What BIPA Reform Law Means For Biometrics Litigation

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    A recently signed Illinois law amending the Biometric Information Privacy Act limits defendants' liability exposure on a per-scan basis and clarifies that electronic signatures constitute a valid written release, establishing additional issues that courts will need to address in future BIPA litigation, say attorneys at Faegre Drinker.

  • How Anti-DEI Bill Could Affect Employers' Diversity Efforts

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    Sen. J.D. Vance's recently introduced Dismantle DEI Act would substantially limit employers’ ability to implement and promote workplace diversity, equity and inclusion, but there are still steps employers can take to support a diverse workforce, says Peter Ennis at Cozen O’Connor.

  • Opinion

    Proposed Law Would Harm NYC Hospitality Industry

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    A recently proposed New York City Law that would update hotel licensing and staff coverage requirements could give the city commissioner and unions undue control over the city's hospitality industry, and harm smaller hotels that cannot afford full-time employees, says Stuart Saft at Holland & Knight.

  • Opinion

    Litigation Funding Disclosure Key To Open, Impartial Process

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    Blanket investor and funding agreement disclosures should be required in all civil cases where the investor has a financial interest in the outcome in order to address issues ranging from potential conflicts of interest to national security concerns, says Bob Goodlatte, former U.S. House Representative for Virginia.

  • Comparing 5 Administrators' Mass Arbitration Procedures

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    Attorneys at DLA Piper compare the rules for mass arbitrations at five different arbitration providers — Judicial Arbitration and Mediation Services, American Arbitration Association, National Arbitration and Mediation, FedArb and New Era ADR — including their triggers, claim screening procedures, how and when they assess fees, and more.

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