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Employment
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August 23, 2024
NJ Ups Fee Cap In Workers' Comp Cases, Boosts Judges' Pay
New Jersey Senate President and current acting Gov. Nick Scutari, a practicing attorney, signed two bills into law increasing pay for Superior Court presiding judges and county prosecutors, and increasing the cap on how much attorneys can collect in fees in workers' compensation cases.
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August 23, 2024
Northwestern Wants Baseball Retaliation Suit Axed For Good
Former Northwestern University baseball employees alleging they were fired in retaliation for outing now-fired coach Jim Foster's abusive behavior should be permanently blocked from pursuing those allegations because they have failed to outline sufficient claims despite receiving a second chance to do so, the university has argued.
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August 23, 2024
Employment Authority: 5 Wage Priorities In Dems Platform
Law360 Employment Authority covers the biggest employment cases and trends. Catch up this week with coverage on wage priorities within the party platform for Democrats, how an Illinois law that includes protections for workers from artificial intelligence shows workplaces are a focus of limiting AI bias and a review of the National Labor Relations Board's Cemex decision one year after the standard was issued.
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August 23, 2024
NC Justice Dept. Atty's Promotion Bias Suit Cleared For Trial
The North Carolina Department of Justice will face an attorney's race and sex discrimination claims at trial after a federal judge rejected the agency's bid for summary judgment, finding that a dispute remains about whether there was a legitimate reason for not promoting her.
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August 23, 2024
Transport Co.'s Union Pushback Flouted Law, Judge Says
A company that transports migrant children and families from facilities at the U.S.-Mexico border violated federal labor law through its pushback on a union drive, which included interrogating a worker about his union sympathies and later suspending him, a National Labor Relations Board judge ruled Friday.
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August 23, 2024
FTC Regroups After Noncompete Setbacks In Florida, Texas
A Florida federal judge on Friday suspended a deadline given to the Federal Trade Commission to respond to a lawsuit challenging a worker noncompete ban after the agency requested more time to discuss next steps following recent setbacks against the rule in Texas and the Sunshine State.
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August 23, 2024
Ex-Reed Smith Atty Wants Pay Data In Bias Suit Against Firm
A former Reed Smith LLP attorney suing the firm for gender discrimination has told a New Jersey state court that the firm must turn over pay data for nonequity partners stretching back years for her to make her case.
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August 23, 2024
Federal Gov't Hits Georgia Tech With Cybersecurity FCA Suit
The federal government has hit the Georgia Institute of Technology with a False Claims Act suit accusing the university of knowingly failing to comply with required cybersecurity standards while working on federal defense contracts.
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August 23, 2024
Longshoremen's Union Defeats Fair Representation Claims
An International Longshoremen's Association local has defeated three members' accusations that it breached its duty of fair representation by funneling work opportunities to union leaders' family and friends, with a Georgia federal judge ruling the allegations were based on speculation.
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August 23, 2024
Ga. Worker Received Lewd Pics From Boss's Son, Suit Says
An Atlanta-area industrial machinery manufacturer was hit with a sex discrimination lawsuit by an employee who says she was berated by her boss after reporting the boss' son for sexual harassment.
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August 23, 2024
5th Circ. Strikes Down DOL Tip Rule
The Fifth Circuit on Friday struck down a U.S. Department of Labor rule on tipped wages, saying it goes against the Fair Labor Standards Act and is therefore arbitrary and capricious.
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August 23, 2024
HVAC Co. Nets $3 Damages Award Against Sanctioned Ex-VP
A heating, ventilation and air-conditioning company that won its trade secrets suit against a former vice president by default will get just $3 in damages after the North Carolina Business Court found it failed to prove any lost profits or malicious intent sufficient to support the requested seven-figure award.
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August 23, 2024
Ga. Judge Denies FLSA Settlement Again Over Fee Proposal
A Georgia federal judge has, for the second time, refused to sign off on a settlement that would've ended a suit between a corporate office furnisher and a fired employee, finding the plaintiff's counsel's proposed hourly rate for attorney fees "far exceeds" reasonableness.
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August 23, 2024
Ex-Pot Shop Worker Says Sex Harassment Drove Her From Job
A former employee at a Los Angeles marijuana dispensary is suing her ex-employer, saying she was subjected to "persistent and horrible" sexual harassment and denied her promised pay and benefits, leading to what she describes as wrongful constructive termination.
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August 23, 2024
Workers Ask 6th Circ. To Remand UAW Bribery Scheme Row
A group of engineers urged the Sixth Circuit to make a lower court send their fraud and civil conspiracy claims against the United Auto Workers and Fiat Chrysler back to Michigan state court, arguing they fall under state law and do not require interpretation of a labor contract.
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August 23, 2024
NJ Panel Backs Dismissal Of Whistleblower Suit
A former New Jersey assistant prosecutor did not provide a clear enough link between complaints he filed against his boss and an alleged retaliatory disciplinary action, a New Jersey appellate panel ruled Friday when it dismissed his whistleblower suit.
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August 23, 2024
Off The Bench: Sunday Ticket Twist, Dartmouth-NLRB Clash
The NFL comes out of the Sunday Ticket trial with a clean slate, Dartmouth is hit with an unfair labor practice charge by its basketball players, and U.S. Tennis doesn't get a do-over on its handling of a sexual assault case. Law360 is here to catch you up on the sports and betting stories that had our readers talking.
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August 23, 2024
UK Litigation Roundup: Here's What You Missed In London
The past week in London has seen Google sue several Russian media outlets in response to challenges to the tech giant's response to international sanctions, easyGroup bring an intellectual property claim against delivery company Easycargo, and e-money business Nyavo challenge action by the Financial Conduct Authority.
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August 23, 2024
Georgia IP Firm Settles Attorney's Wrongful Firing Suit
A Georgia attorney and the Atlanta-based intellectual property firm where he used to work have reached a settlement ending the attorney's lawsuit alleging the firm violated the Uniformed Services Employment and Reemployment Rights Act by cutting his hours and then firing him after he returned from his annual two-week tour of duty with the Air Force Reserve.
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August 22, 2024
Split 6th Circ. Reopens Coca-Cola Bottling Race Bias Case
A split Sixth Circuit panel Thursday revived a lawsuit filed against a Coca-Cola bottling company by an employee who failed a drug test, finding a genuine dispute exists over whether the man voluntarily waived his rights to sue for racial discrimination and retaliation when he signed a "last chance" agreement.
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August 22, 2024
Calif. Justices OK Argentine Atty's Uber Fraud Fight
California justices gave an Argentinian lawyer a green light Thursday to pursue allegations that Uber fraudulently hid crucial information as he represented Uber before its Buenos Aires launch, clarifying that his tort fraudulent-concealment claim is not necessarily barred by the so-called economic loss doctrine if his employment contract never contemplated the alleged fraud.
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August 22, 2024
6th Circ. Reopens Red Cross Nurse's COVID-19 Vax Suit
The Sixth Circuit revived a former Red Cross nurse's claim that the nonprofit organization failed to accommodate her religious beliefs when it refused to exempt her from its COVID-19 vaccine mandate, ruling that the lower court held the plaintiff to an overly strict standard when it tossed her suit.
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August 22, 2024
NLRB Stops Accepting Consent Orders That Parties Oppose
The National Labor Relations Board overruled on Thursday a Trump-era precedent by ceasing the agency's acceptance of consent orders that face objections from both agency prosecutors and the charging party, finding the practice encroaches on the NLRB general counsel's powers.
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August 22, 2024
9th Circ. Revives Military Bias Claims Against Alaska Airlines
The Ninth Circuit on Thursday revived a class action alleging Alaska Airlines illegally denied accrued vacation and sick time to pilots on military assignments, saying the case now has the benefit of a decision from the court in a similar case involving the airline.
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August 22, 2024
9th Circ. Won't Force Yellow Corp. Bias Suit Into Arbitration
The Ninth Circuit refused Thursday to kick a former Yellow Corp. employee's disability discrimination lawsuit to arbitration, ruling the agreement the worker signed was improperly lopsided in favor of his employer and had to be scrapped.
Expert Analysis
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Planning Law Firm Content Calendars: What, When, Where
During the slower month of August, law firms should begin working on their 2025 content calendars, planning out a content creation and distribution framework that aligns with the firm’s objectives and maintains audience engagement throughout the year, says Jessica Kaplan at Legally Penned.
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Insuring Lender's Baseball Bet Leads To Major League Dispute
In RockFence v. Lloyd's, a California federal court seeks to define who qualifies as a professional baseball player for purposes of an insurance coverage payout, providing an illuminating case study of potential legal issues arising from baseball service loans, say Marshall Gilinsky and Seán McCabe at Anderson Kill.
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Series
Playing Golf Makes Me A Better Lawyer
Golf can positively affect your personal and professional life well beyond the final putt, and it’s helped enrich my legal practice by improving my ability to build lasting relationships, study and apply the rules, face adversity with grace, and maintain my mental and physical well-being, says Adam Kelly at Venable.
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Preparing For The NLRB's New Union Recognition Final Rule
The National Labor Relations Board's impending new final rule on union recognition puts the employer at a particular disadvantage in a decertification election, and best practices include conducting workplace assessments to identify and proactively address employee issues, say Louis Cannon and Gerald Bradner at Baker Donelson.
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Law Firms Should Move From Reactive To Proactive Marketing
Most law firm marketing and business development teams operate in silos, leading to an ad hoc, reactive approach, but shifting to a culture of proactive planning — beginning with comprehensive campaigns — can help firms effectively execute their broader business strategy, says Paul Manuele at PR Manuele Consulting.
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OSHA Workplace Violence Citation Highlights Mitigation Steps
The Occupational Safety and Health Administration's recent citation against behavioral health company Circles of Care sheds light on the enforcement risks companies may face for failing to prevent workplace violence, and is a reminder of the concrete steps that can help improve workplace safety, say attorneys at Benesch.
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From Muppet Heads To OJ's Glove: How To Use Props At Trial
Demonstrative graphics have become so commonplace in the courtroom that jurors may start to find them boring, but attorneys can keep jurors engaged and improve their recall by effectively using physical props at trial, says Clint Townson at Townson Consulting.
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Opinion
The Big Issues A BigLaw Associates' Union Could Address
A BigLaw associates’ union could address a number of issues that have the potential to meaningfully improve working conditions, diversity and attorney well-being — from restructured billable hour requirements to origination credit allocation, return-to-office mandates and more, says Tara Rhoades at The Sanity Plea.
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Opinion
It's Time For A BigLaw Associates' Union
As BigLaw faces a steady stream of criticism about its employment policies and practices, an associates union could effect real change — and it could start with law students organizing around opposition to recent recruiting trends, says Tara Rhoades at The Sanity Plea.
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Why DOJ's Whistleblower Program May Have Limited Impact
The U.S. Department of Justice’s new whistleblower pilot program aims to incentivize individuals to report corporate misconduct, but the program's effectiveness may be undercut by its differences from other federal agencies’ whistleblower programs and its interplay with other DOJ policies, say attorneys at Milbank.
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CFPB's Earned Wage Access Rule Marks Regulatory Shift
The Consumer Financial Protection Bureau's newly issued interpretive rule on earned wage access products, classifying them as extensions of credit, marks a significant shift in their regulatory landscape and raises some important questions regarding potential fringe cases and legal challenges, say Erin Bryan and Courina Yulisa at Dorsey & Whitney.
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How Calif. Justices' Prop 22 Ruling Affects The Gig Industry
The California Supreme Court's recent upholding of Proposition 22 clarifies that Uber, Lyft, DoorDash and other companies in the gig industry can legally classify their drivers as independent contractors, but it falls short of concluding some important regulatory battles in the state, says Mark Spring at CDF Labor.
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Takeaways From Virginia's $2B Trade Secrets Verdict Reversal
The Virginia Court of Appeals' recent reversal of the $2 billion damages award in Pegasystems v. Appian underscores the claimant's burden to show damages causation and highlights how an evidentiary ruling could lead to reversible error, say John Lanham and Kamran Jamil at Morrison Foerster.
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How Justices Upended The Administrative Procedure Act
In its recent Loper Bright, Corner Post and Jarkesy decisions, the U.S. Supreme Court fundamentally changed the Administrative Procedure Act in ways that undermine Congress and the executive branch, shift power to the judiciary, curtail public and business input, and create great uncertainty, say Alene Taber and Beth Hummer at Hanson Bridgett.
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Employers Face Uncertainty After Calif. Justices' Slur Ruling
In Bailey v. San Francisco District Attorney's Office, the California Supreme Court recently ruled that a singular use of a racial slur may be sufficiently severe to support a hostile work environment claim, leaving employers to speculate about what sort of comments or conduct will meet this new standard going forward, says Stephanie Roeser at Manatt.