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Employment
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August 01, 2024
Sidley Launches New San Diego Office With Five Partners
Sidley Austin LLP has opened a new office in San Diego, with five partners specializing in a range of areas including mergers and acquisition, venture capital and global finance, marking the global law firm's fifth office in the Golden State, the firm announced Thursday.
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August 01, 2024
Mich. Ruling Ushers In Sweeping Paid Leave, Wage Changes
The Michigan Supreme Court raised the minimum wage and dramatically expanded the number of employers who must soon provide workers with paid sick leave in a blockbuster end-of-term ruling Wednesday that adds new compliance burdens and potential liability for employers, attorneys told Law360.
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August 01, 2024
Ex-Philly Union Leaders On The Hook For Union's Legal Fees
Former Philadelphia union leader and convicted felon John "Johnny Doc" Dougherty will have to pay 90% of the attorney fees that the International Brotherhood of Electrical Workers Local 98 incurred while participating in the government's public corruption and embezzlement cases against him, a federal judge said Thursday.
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August 01, 2024
NJ Transit On Hook For $11.6M Injury Verdict, 2nd Circ. Says
The Second Circuit on Tuesday affirmed a jury's $11.6 million verdict accusing New Jersey Transit of negligently ordering a train engineer to continue operating in an overheated cab that caused him to suffer career-ending injuries, saying the state-owned company had a duty to maintain the cab's air conditioning system.
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August 01, 2024
Feds Say Farmworkers Should Have Sued State Over Wages
The U.S. Department of Labor has urged a Washington federal court to toss a farmworker union's challenge to policies governing the prevailing wage, saying the union's issues actually stem from how state officials interpreted federal rules governing the wage rate.
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August 01, 2024
Employers Urge Justices Take Up Withdrawal Liability Fight
The U.S. Supreme Court must resolve a circuit split over how to calculate the bills sent to companies that leave union pension plans, a group of employers has argued, fighting an argument by the trustees of an International Association of Machinists pension fund that the split is "tolerable."
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August 01, 2024
Staffing Agency Not Covered In Pay Law Row, Insurer Says
An insurer told a Washington federal court that it has no obligation to cover a home healthcare staffing agency in an underlying proposed class action accusing the agency of violating the Washington Equal Pay and Opportunities Act, maintaining that the underlying allegations fall outside the scope of its policy.
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August 01, 2024
Pa. Workers' OT Claims Over Pensions Stand, Judge Says
Federal labor law doesn't preempt some claims from unionized hospital workers in Pennsylvania over incorrect overtime pay, a federal judge determined, saying interpretation of a labor contract laying out the calculation of wage rates and pension contributions isn't necessary to resolve those allegations.
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August 01, 2024
Duane Morris Atty Says White Men Get Unfair Leg Up On Pay
A Black attorney sued Duane Morris LLP in California federal court, alleging the firm systemically underpaid female and nonwhite attorneys while also engaging in an employee misclassification scheme that allowed it to offload firm expenses onto nonequity partners.
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August 01, 2024
Conn. High Court Adopts Narrow 'Supervisor' Definition
The Connecticut Supreme Court ruled Thursday that only employees who can hire, fire or promote other workers count as supervisors whose harassment can place vicarious liability on their employer under state civil rights law, adopting the federal high court's narrow definition of the term.
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August 01, 2024
TD Bank's $25M Client Poach Case Hits FINRA Snags
Ex-TD Bank employees accused of siphoning $25 million in business to Raymond James Financial Services Inc. agreed to move a dispute over a restraining order into arbitration to shield themselves from negative press, the bank told a federal judge Thursday after the defendants complained about delays to the proceeding.
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August 01, 2024
Merchandising Co. Says Ex-VP Sunk $47M Deal With Lowe's
An ex-merchandising company executive exploited trade secrets to sabotage a $47 million deal with home improvement giant Lowe's Cos. Inc., the executive's former employer has alleged in a federal lawsuit in North Carolina.
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August 01, 2024
Chancery Denies Ex-InterMune CEO $6M Legal Fee Right
Delaware's Chancery Court rejected on Thursday a bid by former InterMune CEO W. Scott Harkonen to escape demands to repay nearly $6 million in legal fees covered by biotech venture InterMune Inc. and insurers during his unsuccessful defense against a 2009 wire fraud conviction, denying all claims for legal fee indemnification.
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August 01, 2024
Auto Parts Co. Denied Immigrant Workers Full Pay, Suit Says
Aftermarket auto parts company Parts Authority schemed to target new immigrants, mostly from Guyana, to work as cheap labor at a New York warehouse, one former Guyanese employee alleged in a potential class action filed in New York federal court.
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August 01, 2024
NLRB Prosecutors Make Employee Case For USC Athletes
National Labor Relations Board prosecutors urged an agency judge to find that players on the University of Southern California's football and basketball teams are employees under federal labor law, arguing their status as students doesn't mean they aren't workers.
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August 01, 2024
NJ Justices Say Bridge Commission Can Mandate Union Deals
The compact that created the bistate Delaware River Joint Toll Bridge Commission gave the commission the authority to require contractors to use project labor agreements in a publicly bid construction project, the New Jersey Supreme Court ruled Thursday.
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August 01, 2024
IAM Local, Car Dealership Settle Secondary Boycott Suit
An International Association of Machinists local and a Mercedes-Benz dealership told a California federal judge Wednesday that they've reached a deal to end claims that union-represented workers violated federal labor law by blocking a delivery truck from exiting a dealership during a strike.
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August 01, 2024
GE Retirees Reach Deal To Resolve Pension Benefits Dispute
General Electric retirees announced Thursday they'd struck a deal with their former employer to resolve claims that GE improperly used a company spinoff to renounce responsibility for supplemental pension benefits reserved for senior executives, the plaintiff-side firm that represented the retirees said.
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August 01, 2024
6th Circ. Says Teacher's Failure To Engage Sinks ADA Suit
A former teacher can't revive his disability bias lawsuit claiming a school board unlawfully refused to let him continue working from home following a mid-pandemic return to in-person instruction, the Sixth Circuit ruled Thursday, faulting the educator for refusing to discuss alternative accommodations.
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August 01, 2024
9th Circ. Says Vegas Casino Pilots Are Exempt From OT
Five corporate pilots for a Las Vegas casino performed non-manual labor and are therefore exempt from overtime requirements under federal law, the Ninth Circuit ruled Thursday, upholding a Nevada federal court's decision.
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August 01, 2024
Reed Smith Says NJ High Court Ruling Limits Ex-Atty's Claims
A recent New Jersey Supreme Court ruling "dramatically changes the landscape and scope" of a former Reed Smith LLP attorney's discrimination suit, the firm has told a state court judge in a brief asking that discovery and damages be limited and one claim be dismissed.
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August 01, 2024
Former Coach Says MSU Heads Fired Him To Save Their Jobs
Former Michigan State University football coach Mel Tucker has filed a suit against the school's top administrators alleging they fired him over baseless sexual harassment allegations to protect their own jobs after the Larry Nassar debacle.
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August 01, 2024
Senate Panel OKs NLRB Nominees, Setting Up Floor Fight
A Senate committee on Thursday voted to advance the nomination of National Labor Relations Board Chairman Lauren McFerran and a Seyfarth Shaw LLP partner nominated to fill a Republican vacancy on the board, setting up a high-stakes floor fight over key spots at the agency.
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August 01, 2024
Calif. Tribe Can't Toss Casino Card Check Award, For Now
A California tribe's bid to nix an arbitration award over an authorization card check process with UNITE HERE can't proceed for now, a federal judge ruled, saying the tribe's counsel didn't discuss the motion with the union's attorney before submitting it.
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August 01, 2024
Judge Kills Trade Secrets, Contract Suit Against Ex-Director
A federal judge agreed on Wednesday to toss legal industry staffing company HIRECounsel D.C. LLC's breach of contract and trade secrets lawsuits against a former managing director of client relations, saying the company had not managed to prove actual or liquidated damages.
Expert Analysis
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Prejudicial Evidence Takeaways From Trump Hush Money Trial
The Manhattan District Attorney's Office's prosecution and conviction of former President Donald Trump on 34 felony counts provides a lesson on whether evidence may cause substantial unfair prejudice, or if its prejudicial potential is perfectly fair within the bounds of the law, says Reuben Guttman at Guttman Buschner.
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Top 5 Issues For Employers To Audit Midyear
Six months into 2024, developments from federal courts and regulatory agencies should prompt employers to reflect on their progress regarding artificial intelligence, noncompetes, diversity initiatives, religious accommodation and more, say Allegra Lawrence-Hardy and Lisa Haldar at Lawrence & Bundy.
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After A Brief Hiccup, The 'Rocket Docket' Soars Back To No. 1
The Eastern District of Virginia’s precipitous 2022 fall from its storied rocket docket status appears to have been a temporary aberration, as recent statistics reveal that the court is once again back on top as the fastest federal civil trial court in the nation, says Robert Tata at Hunton.
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Addressing Labor Shortages In The Construction Industry
As the construction industry's ongoing struggle with finding sufficient skilled workers continues, companies should consider a range of solutions including a commitment to in-house training and creative contracting protocols, say Brenda Radmacher and Allison Etkin at Akerman.
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Tailoring Compliance Before AI Walks The Runway
Fashion industry players that adopt artificial intelligence to propel their businesses forward should consider ways to minimize its perceived downsides, including potential job displacements and algorithmic biases that may harm diversity, equity and inclusion efforts, say Jeffrey Greene and Ivory Djahouri at Foley & Lardner.
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Recruitment Trends In Emerging Law Firm Frontiers
BigLaw firms are facing local recruitment challenges as they increasingly establish offices in cities outside of the major legal hubs, requiring them to weigh various strategies for attracting talent that present different risks and benefits, says Tom Hanlon at Buchanan Law.
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Series
Glassblowing Makes Me A Better Lawyer
I never expected that glassblowing would strongly influence my work as an attorney, but it has taught me the importance of building a solid foundation for your work, learning from others and committing to a lifetime of practice, says Margaret House at Kalijarvi Chuzi.
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3 Surprising Deposition Dangers Attorneys Must Heed
Attorneys often do not think of discovery as a particularly risky phase of litigation, but counsel must closely heed some surprisingly strict and frequently overlooked requirements before, during and after depositions that can lead to draconian consequences, says Nate Sabri at Perkins Coie.
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What Employers Need To Know About Colorado's New AI Law
The Colorado AI Act, enacted in May and intended to regulate the use of high-risk artificial intelligence systems to prevent algorithmic discrimination, is broad in scope and will apply to businesses using AI for certain employment purposes, imposing numerous compliance obligations and potential liability, say Laura Malugade and Owen Davis at Husch Blackwell.
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Opinion
Paid Noncompetes Offer A Better Solution Than FTC's Ban
A better alternative to the Federal Trade Commission's recent and widely contested noncompete ban would be a nationwide bright-line rule requiring employers to pay employees during the noncompete period, says Steven Kayman at Rottenberg Lipman.
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How Associates Can Build A Professional Image
As hybrid work arrangements become the norm in the legal industry, early-career attorneys must be proactive in building and maintaining a professional presence in both physical and digital settings, ensuring that their image aligns with their long-term career goals, say Lana Manganiello at Equinox Strategy Partners and Estelle Winsett at Estelle Winsett Professional Image Consulting.
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Firms Must Rethink How They Train New Lawyers In AI Age
As law firms begin to use generative artificial intelligence to complete lower-level legal tasks, they’ll need to consider new ways to train summer associates and early-career attorneys, keeping in mind the five stages of skill acquisition, says Liisa Thomas at Sheppard Mullin.
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Think Like A Lawyer: Always Be Closing
When a lawyer presents their case with the right propulsive structure throughout trial, there is little need for further argument after the close of evidence — and in fact, rehashing it all may test jurors’ patience — so attorneys should consider other strategies for closing arguments, says Luke Andrews at Poole Huffman.
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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.