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Employment
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April 10, 2025
Amazon Can Withhold Flex Driver Names In Tip Case For Now
A Washington federal judge won't force Amazon to hand over the personal information of more than 150,000 delivery drivers to proposed class action members who claim they were all shortchanged on tips, saying the named plaintiffs haven't yet shown the data is relevant.
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April 10, 2025
Amazon Worker's Brother Denied Win In Life Insurance Fight
The children of an Amazon worker can proceed with their claim that their uncle exercised "undue influence" to get named as a beneficiary on their father's life insurance plan, an Ohio federal judge said Thursday, noting the Employee Retirement Income Security Act did not preempt the allegations.
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April 10, 2025
3rd Circ. Backs Hospital In Doctor's COVID Vaccine Bias Suit
The Third Circuit on Thursday upheld a Philadelphia-area health system's win over an emergency room doctor's suit claiming he was unlawfully denied a religious exemption from its COVID-19 vaccination policy, saying the hospital demonstrated that granting his request would have been too difficult.
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April 10, 2025
Fired Gas Co. CFO Offers To Settle Conn. Suit For $1.7M
The former chief financial officer of Hocon Gas Inc. will accept $1.7 million to drop his lawsuit against the company and its owner over alleged unpaid phantom shares and retaliatory firing, according to a filing in Connecticut Superior Court.
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April 10, 2025
CSX Accused Of Punishing Workers For FMLA Leave
Railroad giant CSX Transportation Inc. discourages and punishes its employees who miss work under the Family and Medical Leave Act through an attendance point system and scare tactics, according to a federal lawsuit filed by a conductor in North Carolina.
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April 10, 2025
Mental Health Co. Workers Challenge Unpaid-Training Ruling
A group of workers told a North Carolina federal court Thursday that they were employees of a residential mental health company before they started their initial training, urging the court to reconsider its ruling that they didn't need to get paid for that time.
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April 10, 2025
Mondelez In-House Atty Returns To Ogletree Deakins In NJ
Ogletree Deakins Nash Smoak & Stewart PC's Morristown, New Jersey, office this week has welcomed back a former partner with 15 years of legal experience who left the firm for an in-house role at the food company Mondelez International.
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April 10, 2025
Insurer Denies $3M Legal Fees After Worker Death Settlement
An insurer that paid its policy limits on behalf of insured contractors to settle a lawsuit over a jobsite fatality told an Oklahoma federal court it owed no coverage for more than $3 million in legal fees incurred because the insureds hired private counsel without consent.
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April 10, 2025
DC Circ.'s Views Of Hospital's Union Offers Tough To Read
The D.C. Circuit's leanings were tough to glean Thursday as judges raised few questions about a National Labor Relations Board ruling that George Washington University Hospital's aggressive bargaining proposals showed it approached negotiations with a longtime union in bad faith.
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April 10, 2025
Ill. Ambulance Co. Accused Of Denying Overtime Pay
An Illinois ambulance services company runs afoul of state and federal wage and hour laws by paying employees overtime wages only when they work more than 80 hours in a two-week period, thus denying the workers some of their overtime pay, a proposed class and collective action filed in federal court said.
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April 10, 2025
Sagitec Sues Deloitte For Defamation In Trade Secrets Spat
Software company Sagitec Solutions has accused Deloitte Consulting of conducting an "ongoing campaign of disparagement and unfair competition," alleging in a complaint in Delaware federal court that Deloitte has falsely claimed that Sagitec's unemployment and pension administration programs are based on stolen trade secrets.
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April 10, 2025
DraftKings Engineer's Suit Over Parental Leave Narrowed
A Massachusetts federal judge on Thursday hacked a former DraftKings engineer's retaliation lawsuit to nearly nothing, leaving intact a single claim that his firing by the sports betting platform violated the federal Family and Medical Leave Act.
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April 10, 2025
Thompson Hine Appeals Arbitration Denial In Harassment Suit
Thompson Hine LLP notified a New York federal court Wednesday of its plans to appeal last week's ruling that a former income partner who accused the firm of allowing a "toxic boys club" to flourish in its Manhattan office can still pursue her harassment suit outside arbitration.
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April 10, 2025
6th Circ. Backs Ford In Race, Sexual Harassment Suit
The Sixth Circuit declined to scrap a jury win for Ford Motor Co. in a Black ex-employee's suit claiming she was sexually assaulted and racially harassed on the job, ruling the verdict lined up with a lack of evidence that Ford could have stopped the alleged mistreatment sooner.
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April 10, 2025
Colo. Health System Wants Nurses' Wage Suit Trimmed
A group of nurses cannot proceed with their claim under the Colorado Minimum Wage Act that a state health system incorrectly calculated their overtime wages, the employer told a federal court, arguing that the allegation has nothing to do with unpaid minimum wages.
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April 09, 2025
Trump Instructs Agencies To Quietly Repeal Regs If Possible
President Donald Trump on Wednesday directed federal agencies to prioritize repealing regulations that don't comply with a list of recent U.S. Supreme Court decisions regarding, among other things, the environment, administrative courts and affirmative action, instructing them to do so without public notice and comment if possible.
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April 09, 2025
FBI Agent Denounced By OneTaste Execs Likely To Testify
An FBI agent accused of misconduct by two former OneTaste executives will likely be allowed to testify at their upcoming trial on forced labor conspiracy charges, a Brooklyn federal judge said Wednesday.
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April 09, 2025
'Evasive' Unions Told To List Fired Probationary Workers
The California federal judge who ordered the reinstatement of many fired probationary federal workers before the U.S. Supreme Court stayed his ruling on Wednesday ordered the public sector unions representing federal staffers to provide a list of their booted members, calling their claims that the information would be difficult to produce "evasive."
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April 09, 2025
Oracle Inks $15.5M Deal In Sales Representatives' PAGA Suit
Oracle America will pay $15.5 million to over 5,000 current and former sales representatives who filed a Private Attorneys General Act case in California state court alleging Oracle delayed commission payments, bringing the decade-long wage fight closer to its end, according to a settlement agreement announced Wednesday.
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April 09, 2025
9th Circ. Judge Says New AB 5 Args 'More Nails In The Coffin'
A Ninth Circuit judge appeared skeptical Wednesday of a renewed challenge to California's A.B. 5 independent contractor test bought by a trucking association, telling an attorney his client's previous arguments were "better before" and the new ones may just be "more nails in the coffin."
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April 09, 2025
Split 11th Circ. Denies Rehearing In Ga. Tech Title IX Case
A sharply divided Eleventh Circuit refused Tuesday to grant a full-court rehearing of a panel decision ending a sex discrimination suit from Georgia Tech's longtime women's basketball coach, prompting a rebuke from the court's Democratic-appointed judges who said the court has "just failed to learn the lesson" that educators deserve a right of action under Title IX.
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April 09, 2025
Hollywood Filmmaker Owes $1.7B For Sex Assault, Jury Says
A New York state jury held Wednesday that Oscar-nominated screenwriter and director James Toback must pay $1.68 billion to 40 women he sexually assaulted over the course of four decades, according to an announcement from the victims' lawyers.
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April 09, 2025
Justice Explores 'Reasonableness' In Worker Contract Case
Michigan's Supreme Court on Wednesday weighed the possibility of reintroducing a judicial test — abolished 20 years ago — to consider whether employment contracts that shorten the time frame within which a worker can sue are reasonable as an employee urged a finding that such contract terms weaken workers' civil rights protections.
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April 09, 2025
Furniture Co. Will Pay $1.5M Over PPP Loan Fraud Charge
A North Carolina leather furniture supplier has agreed to a nearly $1.5 million deal ending government claims that it used manipulated payroll numbers to meet requirements for loan forgiveness under the COVID-era federal Payment Protection Program.
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April 09, 2025
Revived Burger King No-Poach Case Survives Dismissal
A Florida federal judge Wednesday denied Burger King's bid to toss proposed class action claims over the fast-food chain's past use of no-poach provisions in its franchise agreements, finding the workers' antitrust and fraud claims could proceed.
Expert Analysis
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Every Dog Has Its Sick Day: Inside NYC's Pet Leave Bill
In what would be a first-of-its-kind law for a major metropolitan area, a recent proposal would amend New York City's Earned Safe and Sick Time Act to include animal care as an accepted use of sick leave — and employers may not think it's the cat's meow, say attorneys at Morrison Cohen.
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Series
Gardening Makes Me A Better Lawyer
Beyond its practical and therapeutic benefits, gardening has bolstered important attributes that also apply to my litigation practice, including persistence, patience, grit and authenticity, says Christopher Viceconte at Gibbons.
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How Trump's 2nd Term May Alter The Immigration Landscape
Rhetoric from Donald Trump's campaign and his choice of hardline appointees indicate that a more restrictive and punitive approach to immigration is in our immediate future, especially in areas like humanitarian relief, nonimmigrant visa processing, and travel and green card eligibility, says John Quill at Mintz.
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Litigation Inspiration: Reframing Document Review
For attorneys — new ones especially — there is much fulfillment to find in document review by reflecting on how important, interesting and pleasant it can be, says Bennett Rawicki at Hilgers Graben.
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7th Circ. Travel Time Ruling Has Far-Reaching Implications
In a case of first impression, the Seventh Circuit’s recent holding in Walters v. Professional Labor Group will have significant implications for employers that must now provide travel time compensation for employees on overnight assignments away from home, says Anthony Sbardellati at Akerman.
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Pa. Ruling Highlights Challenges Of Employer Arb. Appeals
A Pennsylvania federal court's recent ruling in Welch Foods v. General Teamsters Local Union No. 397 demonstrates the inherent difficulties employers face when seeking relief from labor arbitration decisions through appeals in court — and underscores how employers are faced with often conflicting legal priorities, says Daniel Johns at Cozen O'Connor.
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7 Ways To Prepare For An I-9 Audit Or Immigration Raid
Because immigration enforcement is likely to surge under the upcoming Trump administration, employers should take steps to ensure their staff is trained in employment eligibility verification requirements and what to do in the event of an Immigration and Customs Enforcement I-9 audit or workplace raid, say attorneys at Littler.
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Args In 2 High Court Cases May Foretell Clarity For Employers
Mary Anna Brand at Maynard Nexsen examines possible employment implications of two cases argued before the Supreme Court this fall, including a higher bar for justifying employees as overtime exempt under the Fair Labor Standards Act, and earlier grants of prevailing party status for employee-plaintiffs seeking attorney fees.
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California Supreme Court's Year In Review
Attorneys at Horvitz & Levy highlight notable decisions on major questions from the California Supreme Court's last term, including voter initiatives, hostile work environment and the economic loss rule.
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Disentangling Various Forms Of Workplace Discrimination
Pay inequity can be missed where it exists and misidentified due to incorrect statistics, leaving individuals to face multiple facets of discrimination connected by a common root cause, meaning correct identification and measurement is crucial, says Daniel Levy at Advanced Analytical.
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What Lawyers Can Learn From High School AI Suit
A pending Massachusetts lawsuit regarding artificial intelligence use in an academic setting underscores the need for attorneys to educate themselves on AI technology and tools that affect their clients so they can advise on establishing clear expectations and limits around the permissible use of AI, say attorneys at Hinckley Allen.
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Calif. Ruling May Shield Public Employers From Labor Claims
In Stone v. Alameda Health System, the California Supreme Court recently exempted a county hospital from state-mandated rest breaks and the Private Attorneys General Act, granting government employers a robust new bulwark against other labor statutes by undermining an established doctrine for determining if a law applies to public entities, say attorneys at Hunton.
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Best Practices For Effective Employee Assistance Programs
Employee assistance programs can be a powerful tool for establishing health and wellness initiatives in workplaces, and certain implementation steps can help both employers and workers gain maximum benefit from EAPs, say attorneys at Foley & Lardner.
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Series
Flying Makes Me A Better Lawyer
Achieving my childhood dream of flying airplanes made me a better lawyer — and a better person — because it taught me I can conquer difficult goals when I leave my comfort zone, focus on the demands of the moment and commit to honing my skills, says Ivy Cadle at Baker Donelson.
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NLRB One-Two Punch Curbs Employer Anti-Organizing Tools
The National Labor Relations Board’s recent decisions in Siren Retail and Amazon, limiting employer speech about the impact of unionization and outlawing captive audience meetings, severely curtail employers' arsenal of tools to combat an organizing campaign — though this may soon change under a new administration, say attorneys at Benesch.