Employment

  • October 24, 2024

    DOL Says H-2A Farmworker Protections Must Remain

    The U.S. Department of Labor urged a Georgia federal court to uphold its new protections for foreign H-2A farmworkers, arguing that conservative-led states' bid to block its rule should fail because safeguarding foreign workers is key to ensuring better pay and conditions for American-born farmworkers.

  • October 23, 2024

    Boeing Machinists Reject Labor Deal, Prolonging Strike

    A majority of roughly 33,000 Boeing employees represented by the International Association of Machinists voted Wednesday to reject a new labor contract that included a 35% wage increase over four years, prolonging a nearly six-week strike that has hampered Boeing's production and cash flow.

  • October 23, 2024

    Court Denies Fees In 'Objectively Specious' Trade Secrets Suit

    A Seattle federal judge has agreed that a dental health insurer litigated an "objectively specious" trade secrets lawsuit against two of its former company officials, but ruled that not enough showed it was pursuing the case "in bad faith."

  • October 23, 2024

    Ex-Kia, Hyundai Workers Seek Conditional Cert. In FLSA Suit

    Mexican nationals accusing Kia and Hyundai units of failing to pay overtime have urged a Georgia federal court to grant them conditional certification for their fair labor collective action claims, saying there are others who likely also didn't get proper wages.

  • October 23, 2024

    Jury Awards Fired SF Rail Workers Over $7.8M In Vax Trial

    A California federal jury on Wednesday awarded combined damages of more than $7.8 million to six former Bay Area Rapid Transit District employees after finding the rail agency committed religious discrimination by refusing to exempt them from a COVID-19 vaccination mandate.

  • October 23, 2024

    Feds, Huawei Ask To Delay 'Complex' Trade Secret Theft Trial

    Washington federal prosecutors and Huawei have both asked to delay until 2026 a trial in a case accusing the company of stealing T-Mobile's trade secrets, noting the complexity of the case and difficulties the attorneys for the Chinese chipmaker have had communicating with witnesses.

  • October 23, 2024

    Ameriprise, Ex-Worker Duo To Arbitrate Stolen Docs Claims

    Financial services company Ameriprise will arbitrate claims that a father-son pair of ex-employees took confidential records "in the dark of the night" on their way out the door to work for a competitor, the Financial Industry Regulatory Authority has determined.

  • October 23, 2024

    Fla. Law Firm Gets Win In Trial Over Pregnancy Bias

    A Florida federal judge on Wednesday granted a judgment in favor of a law firm accused of firing its former human resources manager because she was pregnant, agreeing that the evidence presented at trial wasn't sufficient to prove a discrimination claim.

  • October 23, 2024

    Hibachi Restaurant Reaches $500K Wage Deal With Workers

    A New Jersey hibachi restaurant struck a $500,000 settlement with five former servers to resolve their lawsuit alleging the company did not pay them any wages and deducted money from their tips, which was their only source of income, according to a filing in federal court.

  • October 23, 2024

    No Xenophobia Taint In Fired Prof's Jury Trial, Panel Says

    An Ohio state appellate court has upheld a jury's finding that a Cincinnati medical center did not violate employment law when it fired a tenured associate professor, rejecting the professor's argument that the medical center attempted to stoke "xenophobic bias" in the jury by mentioning his Chinese heritage during trial.

  • October 23, 2024

    Full 9th Circ. Passes On SF Nurses' Salary Basis Case

    The full Ninth Circuit said Wednesday it won't reconsider a panel's ruling that it wasn't clear whether a group of San Francisco city nurses in two consolidated cases were paid on a salary basis and could therefore be considered overtime-exempt.

  • October 23, 2024

    Combs, Feds At Odds Over Gag Order Amid Press Blitz

    Attorneys for Sean "Diddy" Combs told a Manhattan federal judge on Wednesday that they are unable to agree with prosecutors about who should be barred from talking to the press about the hip-hop mogul's sex-trafficking and racketeering case.

  • October 23, 2024

    Amazon Must Face Drivers' Tip Suit Despite FTC Settlement

    A Washington federal judge largely refused Wednesday to toss a proposed class action accusing Amazon of violating Evergreen State laws by withholding portions of drivers' tips, saying the claims are still valid despite the Federal Trade Commission reaching a nearly $62 million deal with the company over the same alleged conduct.

  • October 23, 2024

    NYC Lawmakers Propose Giving Workers Sick Time For Pets

    Two New York City Council members introduced a bill Wednesday that would let workers use sick leave to care for pets and service animals, a novel move that one lawmaker said is meant to promote the health benefits of animal ownership.

  • October 23, 2024

    Ex-VA Worker Must Repay Sex Harassment Award, Judge Says

    A former U.S. Department of Veterans Affairs worker must return a $90,000 award she won in internal proceedings accusing a supervisor of sexual harassment, a Mississippi federal judge ruled, saying she must pay back the money because she lost a subsequent court case over the same allegations.

  • October 23, 2024

    Penn State To Pay $1.25M To Resolve FCA Cybersecurity Suit

    Pennsylvania State University will pay $1.25 million to settle a False Claims Act suit accusing it of failing to comply with cybersecurity requirements for defense and NASA contracts, the U.S. Department of Justice announced.

  • October 23, 2024

    Fired Norton Rose Worker Ends Suit Over COVID Vax Mandate

    A Texas federal judge on Wednesday signed off on a former Norton Rose Fulbright IT worker's agreement to drop his lawsuit, which accused the firm of discriminating against the ex-employee when it fired him after he refused to get a COVID-19 vaccine because he didn't feel peace with the Holy Spirit about being inoculated.

  • October 23, 2024

    United Worker Fired Over Online Pics Gets Bias Suit Revived

    A California appeals court revived a United Airlines flight attendant's sex bias suit claiming she was unlawfully fired for appearing in uniform on a social media page advertising her OnlyFans account, crediting her argument that male flight attendants didn't face the same consequences for similar behavior.

  • October 23, 2024

    Trial Consulting Firm Says Ex-Worker Stole Trade Secrets

    Jury analysis firm Jury-X has accused a former employee of taking off with its trade secrets and exploiting a "backdoor" she put in the company's data tables to start her own competing juror selection services business that also copied her old employer's appearance online.

  • October 23, 2024

    Law Firm Accuses Ex-Paralegal Of 'Sabotage' In Bears Case

    An Illinois law firm has accused one of its former paralegals of attempting to stiff the firm for work it did settling his discrimination suit against the Chicago Bears, alleging that the erstwhile employee declined to file key paperwork and deleted critical files.

  • October 23, 2024

    5th Circ. Upholds Workers' Win In Health Co. Wage Suit

    A group of workers for an at-home healthcare company are employees, not independent contractors, a Fifth Circuit panel ruled, affirming a Louisiana federal court decision in three consolidated cases claiming the company cheated workers out of overtime.

  • October 23, 2024

    Chemical Co. GC Fires Back At Pregnancy Bias Claims In NJ

    Arxada and its general counsel struck back at a former in-house attorney's claims in a New Jersey state court lawsuit that the specialty chemicals company unlawfully dismissed her in the days after she talked about taking leave to recover from a miscarriage.

  • October 23, 2024

    Harvard Enabling 'Outrageous' Antisemitism, Court Told

    Harvard University is intentionally protecting students and faculty accused of antisemitism and an assault on a Jewish student last year, "hoping this whole thing goes away," a lawyer for two student groups said during a hearing Wednesday on the Ivy League school's bid to end a second civil rights lawsuit.

  • October 23, 2024

    Harvey Weinstein Must Face All NY Charges At Retrial

    A New York state judge on Wednesday denied Harvey Weinstein a separate trial for his new sexual assault charge, ruling that he must face that allegation alongside his original indictment at a retrial that is now expected to begin in early 2025.

  • October 23, 2024

    Mercedes, Staffing Firm Failed To Pay OT, Ex-Worker Says

    Mercedes-Benz and a staffing agency failed to pay a former employee at all for the hours she worked over 40 per week, let alone at the federally mandated time-and-a-half rate, she said in a suit filed in Georgia federal court.

Expert Analysis

  • How Cos. Can Protect Supply Chains During The Port Strike

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    With dock workers at ports along the East and Gulf Coasts launching a strike that will likely cause severe supply chain disruptions, there are several steps exporters and importers can take to protect their businesses and mitigate increased costs, say attorneys at Thompson Hine.

  • Litigation Inspiration: Honoring Your Learned Profession

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    About 30,000 people who took the bar exam in July will learn they passed this fall, marking a fitting time for all attorneys to remember that they are members in a specialty club of learned professionals — and the more they can keep this in mind, the more benefits they will see, says Bennett Rawicki at Hilgers Graben.

  • 4 Ways To Prepare For DOD Cyber Certification Rule

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    Given the U.S. Department of Justice's increased scrutiny of contractor compliance with cybersecurity requirements, it is critical that contractors take certain steps now in response to the U.S. Department of Defense's proposed Cybersecurity Maturity Model Certification implementation rule, say Townsend Bourne and Lillia Damalouji at Sheppard Mullin.

  • Opinion

    AI May Limit Key Learning Opportunities For Young Attorneys

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    The thing that’s so powerful about artificial intelligence is also what’s most scary about it — its ability to detect patterns may curtail young attorneys’ chance to practice the lower-level work of managing cases, preventing them from ever honing the pattern recognition skills that undergird creative lawyering, says Sarah Murray at Trialcraft.

  • Key Takeaways From DOJ's New Corp. Compliance Guidance

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    The U.S. Department of Justice’s updated guidance to federal prosecutors on evaluating corporate compliance programs addresses how entities manage new technology-related risks and expands on preexisting policies, providing key insights for companies about increasing regulatory expectations, say attorneys at Debevoise.

  • The Key Changes In Revised FDIC Hiring Regulations

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    Attorneys at Ogletree break down the Federal Deposit Insurance Corp.'s new rule, effective Oct. 1, that will ease restrictions on financial institutions hiring employees with criminal histories, amend the FDIC's treatment of minor offenses and clarify its stance on expunged or dismissed criminal records.

  • Class Actions At The Circuit Courts: September Lessons

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    In this month's review of class action appeals, Mitchell Engel at Shook Hardy identifies practice tips from four recent class certification rulings involving denial of Medicare reimbursements, automobile insurance disputes, veterans' rights and automobile defects.

  • How Lucia, Jarkesy Could Affect Grocery Merger Challenge

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    While the Federal Trade Commission is taking a dual federal court and administrative tribunal approach to block Kroger's merger with Alberstons, Kroger's long-shot unconstitutionality claims could potentially lead to a reevaluation of the FTC's reliance on administrative processes in complex merger cases, say attorneys at Saul Ewing.

  • 6 Tips For Trying Cases Away From Home

    Excerpt from Practical Guidance
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    A truly national litigation practice, by definition, often requires trying cases in jurisdictions across the country, which presents unique challenges that require methodical preparation and coordination both within the trial team and externally, say Edward Bennett and Suzanne Salgado at Williams & Connolly.

  • How NLRB Memo Balances Schools' Labor, Privacy Concerns

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    Natale DiNatale at Robinson & Cole highlights the recent National Labor Relations Board advice memorandum that aims to help colleges reconcile competing obligations under the National Labor Relations Act and the Family Educational Rights and Privacy Act as university students flock toward unionization.

  • Employer Tips For PUMP Act Compliance As Law Turns 2

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    Enacted in December 2022, the Providing Urgent Maternal Protections for Nursing Mothers Act requires employers to provide reasonable break time and a private space for employees to express breast milk, but some companies may still be struggling with how to comply, say attorneys at Alston & Bird.

  • A Blueprint For Structuring An Effective Plaintiff Case Story

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    The number and size of nuclear verdicts continue to rise, in part because plaintiffs attorneys have become more adept at crafting compelling trial stories — and an analysis of these success stories reveals a 10-part framework for structuring an effective case narrative, says Jonathan Ross at Decision Analysis.

  • Series

    Round-Canopy Parachuting Makes Me A Better Lawyer

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    Similar to the practice of law, jumping from an in-flight airplane with nothing but training and a few yards of parachute silk is a demanding and stressful endeavor, and the experience has bolstered my legal practice by enhancing my focus, teamwork skills and sense of perspective, says Thomas Salerno at Stinson.

  • And Now A Word From The Panel: The MDL Map

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    An intriguing yet unpredictable facet of multidistrict litigation practice is venue selection for new MDL proceedings, and the Judicial Panel on Multidistrict Litigation considers many factors when it assigns an MDL venue, says Alan Rothman at Sidley Austin.

  • Why Now Is The Time For Law Firms To Hire Lateral Partners

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    Partner and associate mobility data from the second quarter of this year suggest that there's never been a better time in recent years for law firms to hire lateral candidates, particularly experienced partners — though this necessitates an understanding of potential red flags, say Julie Henson and Greg Hamman at Decipher Investigative Intelligence.

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