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Employment
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April 11, 2024
Judge Calls Out Colo. For Limiting Prisoner Calls With Attys
A Colorado state judge on Thursday said the state's prisons seemed to be imposing "draconian" limits on virtual calls between prisoners and their lawyers, telling officials to figure out how to do more for those seeking to join a proposed class action accusing the state of using them for slave labor.
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April 11, 2024
Chipotle Pays $2.9M To End Seattle Wage Violation Probe
Fast-food chain Chipotle has agreed to pay nearly $2.9 million to more than 1,800 workers at eight of its restaurants in Seattle to resolve the city's investigation into employees' allegations that the employer violated local ordinances governing sick pay and scheduling, a city labor agency announced Thursday.
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April 11, 2024
Hospitals Responsible For Contract ER Docs, Justices Say
Washington state's high court ruled on Thursday that hospitals may be held liable for alleged neglectfulness of contracted doctors working in their emergency rooms, reviving negligence claims against the medical center brought by the estate of a woman killed by a flesh-eating disease that ER caregivers allegedly failed to diagnose.
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April 11, 2024
Full 8th Circ. Hears Ark. Bid To Revive Youth Trans Care Ban
An en banc panel of the Eighth Circuit weighing whether to revive an Arkansas state law that banned gender-affirming care for children and teens heard oral arguments Thursday, as Arkansas officials sought to demonstrate that the law does not unconstitutionally discriminate based on sex.
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April 11, 2024
2nd Circ. Rules Flores Can't Block NFL's Arbitration Challenge
The Second Circuit on Thursday handed the NFL a win in its effort to overturn a decision that kept former Miami Dolphins head coach Brian Flores' racial discrimination lawsuit out of arbitration, ruling Flores cannot cross-appeal the NFL's appeal of a lower court decision leaving the suit in federal court.
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April 11, 2024
Black Workers, Fish Farm Settle Claims Of Migrant Hiring Bias
Black farmers and a Mississippi-based fish farm have agreed to settle claims that the farm pushed out the U.S. citizen farmers in favor of Mexican migrant workers, they announced to a Mississippi federal court on Thursday.
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April 11, 2024
NCAA Athletes Can't Get MDL Over Compensation Rules
The Judicial Panel on Multidistrict Litigation denied the request of NCAA athletes to centralize two suits accusing the organization and five major college sports conferences of exercising a monopoly over labor in Division I sports by not allowing student-athletes to be compensated for their performances.
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April 11, 2024
Texas Staffing Co. Settles Noncitizen Bias Claims
A Texas staffing company settled the federal government's claims that it discriminated against a man by requiring he show his green card to prove he can work in the U.S., the U.S. Department of Justice announced Thursday.
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April 11, 2024
Ex-Atlanta Worker Says City's Missing Docs Merits Sanctions
Counsel for a former city of Atlanta department head who says she was fired after blowing the whistle on failures in its immigrant outreach services urged a Georgia federal judge on Thursday to hit the city with sanctions for reportedly destroying communications related to her termination.
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April 11, 2024
Ex-COO Sues NJ Law Firm, Claiming Sexual Harassment
The former chief operating officer of New Jersey personal injury giant Garces Grabler & LeBrocq PC sued the firm Wednesday for sexual harassment and discrimination, alleging firm leaders unfairly impeded her from doing her job and made lewd comments about her.
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April 11, 2024
1st Challenge To NLRB Structure Axed For Lack Of Standing
A Washington, D.C., federal judge tossed a constitutional challenge to the National Labor Relations Board's structure filed by two Starbucks employees, ruling that the National Right to Work Legal Defense Foundation-represented baristas did not have standing to sue.
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April 11, 2024
Ex-NFL Players Near Settlement In Race-Norming Benefits Suit
Two former players whose lawsuit accuses the NFL's disability benefit plans of awarding them lower benefits because they are Black told a Maryland federal court they have had "productive" meetings with the defendants and are near a settlement proposal.
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April 11, 2024
DOL's Final OT Rule Incoming After Clearing OMB Review
The U.S. Department of Labor might soon issue a final rule increasing salaries in order for workers to be considered overtime-exempt under the Fair Labor Standards Act, after a proposed rule cleared the White House's Office of Management and Budget.
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April 11, 2024
Mich. Justices To Hear Ex-Prosecutor's Whistleblower Appeal
The Michigan Supreme Court agreed Wednesday to hold oral arguments in the appeal of a former assistant county prosecutor who claims her former boss retaliated against her for speaking up about a plea bargain she believed was unlawful.
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April 11, 2024
Medtronic Can't Ditch Ex-Sales Rep's Retaliation Claim
Medical device maker Medtronic can't avoid a whistleblower retaliation claim by a former sales rep who says he was pushed out after reporting what he suspected to be a kickback scheme to the U.S. Food and Drug Administration, a federal judge said Wednesday.
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April 11, 2024
Ex-Ellenoff Grossman Atty Faces Possible Firing Suit Remand
A former Ellenoff Grossman & Schole LLP associate's suit saying she was fired for protesting sexual harassment should return to state court, a New York federal judge recommended, saying the federal court can't enforce arbitration pacts invalidated by a 2022 amendment to the Federal Arbitration Act.
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April 11, 2024
United Airlines Defeats Religious Bias Suit Over Vax Mandate
United Airlines workers failed to furnish "basic factual details" to back up their case alleging the airline discriminated against employees for their religious beliefs by requiring a COVID-19 vaccination, an Illinois federal judge said, tossing the suit.
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April 11, 2024
6th Circ. Orders Redo In Brokerage's Trade Secrets Row
The Sixth Circuit ordered an Ohio district court to take another look at its ruling that a team of insurance brokerage's workers who defected for a competitor must comply with non-compete terms, reasoning that the lower court referenced standards for the injunction, but didn't actually consider them.
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April 11, 2024
Apple Must Face Former Executive's Trimmed Age Bias Suit
A California federal judge narrowed a former Apple executive's suit alleging his age led the company to withhold bonuses, though the suit stands, as the judge said it sufficiently showed a contract was breached when the company did not pay a hefty stock retention bonus.
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April 10, 2024
Wash. Healthcare Workers Owed $100M In Wages, Jury Told
Counsel for two classes encompassing more than 30,000 current and former healthcare workers told a Washington state jury on Wednesday that Providence Health & Services should pay nearly $100 million in damages for using an illegal time clock rounding method that shortchanged employees and failing to provide required meal breaks.
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April 10, 2024
No Retrial Over NC Farm Worker's $2.5M Severed Foot Verdict
A North Carolina farm failed in its bid for a new trial following a $2.5 million verdict against it, a federal judge ruled Wednesday, as a worker who lost his foot to a grain silo auger had enough evidence to support the award.
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April 10, 2024
Smaller May Be Better For NCAA, Sports Antitrust Experts Say
Sports law experts at the American Bar Association's spring antitrust meeting said Wednesday that for top-level college sports to survive the wave of antitrust litigation that it faces, colleges and universities may need to think small.
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April 10, 2024
US, Mexico Resolve Labor Complaints At Two Mexico Plants
Workers at two Mexico automotive part facilities can now organize under a union of their choice after concerns of labor violations were resolved through the U.S.-Mexico-Canada Agreement's labor rights tool, the Office of the U.S. Trade Representative announced.
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April 10, 2024
Senate Disapproves Of NLRB Joint Employer Rule
A resolution to block an enjoined National Labor Relations Board rule treating more employers as joint employers is headed to President Joe Biden's desk following a close U.S. Senate vote Wednesday, though the president has pledged not to sign.
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April 10, 2024
Disney Defends Right To Fire 'Star Wars' Actor Over X Posts
The Walt Disney Co. and Lucasfilm Ltd. asked a California federal judge to toss Gina Carano's claims that she was unlawfully fired from "The Mandalorian" for her social media posts, arguing they have a constitutional right as artistic creators to decide which actors to employ to express their artistic messages.
Expert Analysis
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Navigating Trade Secret Litigation In A High-Stakes Landscape
Recent eye-popping verdicts are becoming increasingly common in trade secret litigation — but employers can take several proactive steps to protect proprietary information and defend against misappropriation accusations in order to avoid becoming the next headline, say Jessica Mason and Jack FitzGerald at Foley & Lardner.
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Opinion
UK Whistleblowers Flock To The US For Good Reason
The U.K. Serious Fraud Office director recently brought renewed attention to the differences between the U.K. and U.S. whistleblower regimes — differences that may make reporting to U.S. agencies a better and safer option for U.K. whistleblowers, and show why U.K. whistleblower laws need to be improved, say Benjamin Calitri and Kate Reeves at Kohn Kohn.
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Think Like A Lawyer: Forget Everything You Know About IRAC
The mode of legal reasoning most students learn in law school, often called “Issue, Rule, Application, Conclusion,” or IRAC, erroneously frames analysis as a separate, discrete step, resulting in disorganized briefs and untold obfuscation — but the fix is pretty simple, says Luke Andrews at Poole Huffman.
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Opinion
There Is No NCAA Supremacy Clause, Especially For NIL
A recent Tennessee federal court ruling illustrates the NCAA's problematic position that its member schools should violate state law rather than its rules — and the organization's legal history with the dormant commerce clause raises a fundamental constitutional issue that will have to be resolved before attorneys can navigate NIL with confidence, says Patrick O’Donnell at HWG.
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Employer Pointers As Wage And Hour AI Risks Emerge
Following the Biden administration's executive order on artificial intelligence, employers using or considering artificial intelligence tools should carefully assess whether such use could increase their exposure to liability under federal and state wage and hour laws, and be wary of algorithmic discrimination, bias and inaccurate or incomplete reporting, say attorneys at ArentFox Schiff.
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The Pros And Cons Of Protecting AI As Trade Secrets
Despite regulatory trends toward greater transparency of artificial intelligence models, federal policy acknowledges, and perhaps endorses, trade secret protection for AI information, but there are still hurdles in keeping AI information a secret, say Jennifer Maisel and Andrew Stewart at Rothwell Figg.
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Complying With Enforcers' Ephemeral Messaging Guidance
Given federal antitrust enforcers’ recently issued guidance on ephemeral messaging applications, organizations must take a proactive approach to preserving short-lived communications — or risk criminal obstruction charges and civil discovery sanctions, say attorneys at Manatt.
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Race Bias Defense Considerations After 11th Circ. Ruling
In Tynes v. Florida Department of Juvenile Justice, the Eleventh Circuit affirmed that the McDonnell Douglas test for employment discrimination cases is merely an evidentiary framework, so employers relying on it as a substantive standard of liability may need to rethink their litigation strategy, says Helen Jay at Phelps Dunbar.
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How Firms Can Ensure Associate Gender Parity Lasts
Among associates, women now outnumber men for the first time, but progress toward gender equality at the top of the legal profession remains glacially slow, and firms must implement time-tested solutions to ensure associates’ gender parity lasts throughout their careers, say Kelly Culhane and Nicole Joseph at Culhane Meadows.
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How Echoing Techniques Can Derail Witnesses At Deposition
Before depositions, defense attorneys must prepare witnesses to recognize covert echoing techniques that may be used by opposing counsel to lower their defenses and elicit sensitive information — potentially leading to nuclear settlements and verdicts, say Bill Kanasky and Steve Wood at Courtroom Sciences.
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6 Ways To Minimize Risk, Remain Respectful During Layoffs
With a recent Resume Builder survey finding that 38% of companies expect to lay off employees this year, now is a good time for employers to review several strategies that can help mitigate legal risks and maintain compassion in the reduction-in-force process, says Sahara Pynes at Fox Rothschild.
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7 Common Myths About Lateral Partner Moves
As lateral recruiting remains a key factor for law firm growth, partners considering a lateral move should be aware of a few commonly held myths — some of which contain a kernel of truth, and some of which are flat out wrong, says Dave Maurer at Major Lindsey.
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NYC Workplace AI Regulation Has Been Largely Insignificant
Though a Cornell University study suggests that a New York City law intended to regulate artificial intelligence in the workplace has had an underwhelming impact, the law may still help shape the city's future AI regulation efforts, say Reid Skibell and Nathan Ades at Glenn Agre.
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Series
Cheering In The NFL Makes Me A Better Lawyer
Balancing my time between a BigLaw career and my role as an NFL cheerleader has taught me that pursuing your passions outside of work is not a distraction, but rather an opportunity to harness important skills that can positively affect how you approach work and view success in your career, says Rachel Schuster at Sheppard Mullin.
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Args In APA Case Amplify Justices' Focus On Agency Power
In arguments last week in Corner Post v. Federal Reserve, the U.S. Supreme Court justices paid particular importance to the possible ripple effects of their decision, which will address when a facial challenge to long-standing federal rules under the Administrative Procedure Act first accrues and could thus unleash a flood of new lawsuits, say attorneys at Snell & Wilmer.