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Employment
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May 29, 2024
NLRB Wants Subpoenas Enforced In Calif. Tribal Casino Row
The National Labor Relations Board has gone to federal court to enforce its subpoenas seeking a list of casino workers in a proposed bargaining unit, saying the refusals of a California tribe and a gaming company to provide the information are impeding an agency investigation.
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May 29, 2024
9th Circ. Affirms Dismissal Of Doctor's Military Bias Suit
An Arizona hospital defeated a doctor's discrimination lawsuit for the second time, with the Ninth Circuit upholding an Arizona federal judge's decision to toss the doctor's claims that the hospital showed bias against his military status by not renewing his contract after he deployed.
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May 29, 2024
Weinstein Could Face Added Assault Charges In Retrial
New York prosecutors planning to retry Harvey Weinstein this fall after his rape conviction was overturned said Wednesday they may file an expanded indictment after hearing from new sexual assault claimants.
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May 29, 2024
Farm Will Pay $100K To End Calif. Agency's Sex Abuse Suit
A fruit farm agreed to provide $100,000 to resolve a suit brought by California's Civil Rights Department in state court alleging its owner sexually harassed a strawberry harvester daily and groped her on the job.
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May 29, 2024
Fisher Phillips Adds Employment Pro In Dallas From GRSM50
Fisher Phillips has strengthened its Dallas roster with a litigator experienced in representing employers in a broad array of complex labor and employment disputes who came aboard from Gordon Rees Scully Mansukhani LLP.
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May 28, 2024
Kia, Hyundai Still Face RICO Claims In Foreign Labor Suit
Hyundai and Kia are still confronted with claims that they were in on a scheme to obtain cheap labor from skilled Mexican engineers seeking participation in a professional visa program after a Georgia federal judge determined workers had adequately alleged the companies' involvement.
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May 28, 2024
Pa. Court Says Vaccine Refusal Valid Cause For Firing Nurse
A Pennsylvania Superior Court panel on Tuesday tossed a suit accusing a hospital of wrongfully firing a nurse practitioner who refused to be vaccinated against COVID-19, saying the nurse can't invoke the state's medical malpractice statute in a wrongful termination suit.
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May 28, 2024
The NCAA Put Out One Fire, But The House Is Still Ablaze
Despite the enormous size of the settlement of a class action by hundreds of thousands of former college athletes over name, image and likeness compensation denied to them, experts say it only resolves one of the NCAA's many legal crises, while shining a light on the severity of the others.
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May 28, 2024
DC Circ. Revives Campaign Ad Fight At Mail Carriers Union
The D.C. Circuit has revived claims that a mail carriers union violated the Labor-Management Reporting and Disclosure Act by refusing to publish an officer candidate's campaign ads in its magazine, ruling Tuesday that a Washington, D.C., federal judge prematurely dismissed the suit.
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May 28, 2024
EEOC Gender Bias Suit Should Continue, Magistrate Judge Says
A magistrate judge on Tuesday recommended the denial of four Georgia waste removal companies' motion to dismiss a suit brought against them by the U.S. Equal Employment Opportunity Commission for allegedly subjecting female truck driver applicants to sexist interview questions before filling the roles with less qualified men.
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May 28, 2024
Mich. Judge Tosses Ex-Prosecutor's Suit Over Firing
A Michigan federal judge has dismissed a lawsuit from a fired assistant prosecutor alleging he lost his job at the Macomb County Prosecutor's Office for speaking out about harassment and retaliation, after the county asked for sanctions because the plaintiff wasn't complying with discovery requirements and missed a deposition.
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May 28, 2024
Apple Affiliate Says 'Biased Witnesses' Merit Verdict Reversal
An Apple-affiliated repair company is taking another shot at escaping claims of wage and hour violations in a multistate wage class action, asking a North Carolina federal judge for a directed verdict or new trial based on what the company characterized as insufficient evidence.
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May 28, 2024
Healthcare Tech Co. To Pay $1.5M To End Class Wage Claims
A healthcare software consulting company agreed to a $1.5 million deal resolving claims it violated Washington state wage law by requiring its software training staff to work up to 80 hours and seven days a week, according to a motion to approve the deal filed in federal court.
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May 28, 2024
Catching Up With Delaware's Chancery Court
Delaware Court of Chancery watchers shifted their focus last week from the courtroom to Dover's legislative hall, as proposed amendments to Delaware's corporate code were finally introduced to state lawmakers. Hearings, decisions and reversals involved Kraft-Heinz, AMC Entertainment and the merger of cryptocurrency companies BitGo and Galaxy. In case you missed it, here's the latest from Delaware's Chancery Court.
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May 28, 2024
Kroger, Albertsons Must Give FTC Texts, Written Notes
Claims from a pair of multibillion-dollar grocery giants that a discovery request will pose financial burden held no sway over a Federal Trade Commission in-house judge who last week ordered Kroger and Albertsons to produce text messages and handwritten notes from key employees as part of the agency's merger challenge.
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May 28, 2024
Workplace Civil Rights Suit Gets Full Mich. High Court Hearing
The Michigan Supreme Court has agreed to again consider whether employers can use contracts to limit the ability of aggrieved workers to sue, after hearing mini oral arguments last year, though two justices said they would not have advanced the case.
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May 28, 2024
O'Reilly Auto Parts Inks $4.1M COVID Screening Settlement
O'Reilly Auto Enterprises has agreed to pay $4.1 million to settle a California wage and hour lawsuit alleging that the company should have paid workers for the time they spent undergoing COVID-19 screenings before shifts and for work performed during meal breaks, according to a court memo.
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May 28, 2024
Littler Brings On Ogletree Pay Equity Leader In NYC
Employment and labor law giant Littler Mendelson PC announced Tuesday that it has grown its New York team with the addition of a pay transparency law expert and former pay equity practice group co-chair at Ogletree Deakins Nash Smoak & Stewart PC.
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May 28, 2024
Lin Wood Wants Fraud Claims Kept Out Of Defamation Trial
Controversial attorney Lin Wood has asked a Georgia federal judge to bar his former law partners, who allege he falsely accused them of attempted extortion, from introducing evidence at an upcoming August trial related to two separate and still pending suits filed against him in Fulton County.
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May 28, 2024
Boston Red Sox Settle Fired Worker's COVID Vax Bias Suit
The Boston Red Sox settled a suit from a former worker who said she was fired after refusing the COVID-19 vaccine because it conflicted with her Roman Catholic beliefs, according to a filing Tuesday in Florida federal court.
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May 24, 2024
Workers' Atty Says 'Game Over' For Hospital On Wage Liability
Counsel for a group of workers said Friday it was "game over" for a Seattle-area hospital system facing a class action suit for allegedly violating state law with its break policy, urging a judge to rule the system was liable because it acknowledged workers on long shifts didn't take a second mealtime.
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May 24, 2024
Employment Authority: Bias Claims With Hiring, Gaza Protests
Law360 Employment Authority covers the biggest employment cases and trends. Catch up this week with coverage on why rejecting job applicants who participate in campus protests over the conflict in Gaza could open up employers to discrimination claims, tips for employers to stay compliant with child labor obligations this summer and how a representation election loss for the United Auto Workers at two Alabama Mercedez-Benz plants may slow the union's organizing efforts.
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May 24, 2024
5th Circ. Clears Co. In Case That Sparked NLRB Remedy Shift
The Fifth Circuit on Friday vacated a National Labor Relations Board order finding an ad software company violated federal labor law by laying off workers without bargaining with a union, but did not weigh in on the legality of the expanded remedies that the board used the case to adopt.
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May 24, 2024
9th Circ. Says H-2A Employers Must Pay Highest Wages
The Ninth Circuit on Friday said the U.S. Department of Labor can't let employers pay foreign farmworkers on H-2A visas a lower wage rate, rejecting the department's argument that the matter is moot because the previous harvest season is over.
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May 24, 2024
Jazz Director Accuses Philly Pops, Execs Of RICO Conspiracy
A former Philly Pops jazz director has sued the defunct orchestra group, its ex-CEO, a rival orchestra, the Kimmel Center and others in Pennsylvania federal court, claiming they conspired to monopolize the orchestral music market and lied about the organization's debt to force it to shut down while depriving him of pay.
Expert Analysis
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Practicing Law With Parkinson's Disease
This Parkinson’s Awareness Month, Adam Siegler at Greenberg Traurig discusses his experience working as a lawyer with Parkinson’s disease, sharing both lessons on how to cope with a diagnosis and advice for supporting colleagues who live with the disease.
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Texas Hair Bias Ruling Does Not Give Employers A Pass
A Texas state court’s recent decision, holding that a school could discipline a student with locs for refusing to cut his hair, should not be interpreted by employers as a license to implement potentially discriminatory grooming policies, says Dawn Holiday at Jackson Walker.
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When Trade Secret Protection And Nat'l Security Converge
The Trump administration's anti-espionage program focused on China is over, but federal enforcement efforts to protect trade secrets and U.S. national security continue, and companies doing business in high-risk jurisdictions need to maintain their compliance programs to avoid the risk of being caught in the crosshairs of an investigation, say attorneys at Baker McKenzie.
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The Merger Cases That Will Matter At ABA Antitrust Meeting
While the American Bar Association's Antitrust Spring Meeting this week will cover all types of competition law issues in the U.S. and abroad, expect the federal agencies' recent track record in merger enforcement to be a key area of focus on the official panels and in cocktail party chatter, say attorneys at Freshfields.
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Series
Playing Hockey Makes Me A Better Lawyer
Nearly a lifetime of playing hockey taught me the importance of avoiding burnout in all aspects of life, and the game ultimately ended up providing me with the balance I needed to maintain success in my legal career, says John Riccione at Taft.
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A Snapshot Of The Evolving Restrictive Covenant Landscape
Rachael Martinez and Brooke Bahlinger at Foley highlight recent trends in the hotly contested regulation and enforcement of noncompetition and related nonsolicitation covenants, and provide guidance on drafting such provisions within the context of stand-alone employment agreements and merger or acquisition transactions.
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For Lawyers, Pessimism Should Be A Job Skill, Not A Life Skill
A pessimistic mindset allows attorneys to be effective advocates for their clients, but it can come with serious costs for their personal well-being, so it’s crucial to exercise strategies that produce flexible optimism and connect lawyers with their core values, says Krista Larson at Stinson.
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Broadway Ruling Puts Discrimination Claims In The Limelight
A New York federal court's recent decision in Moore v. Hadestown Broadway that the employers' choice to replace a Black actor with a white actor was shielded by the First Amendment is the latest in a handful of rulings zealously protecting hiring decisions in casting, say Anthony Oncidi and Dixie Morrison at Proskauer.
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Opinion
Requiring Leave To File Amicus Briefs Is A Bad Idea
A proposal to amend the Federal Rules of Appellate Procedure that would require parties to get court permission before filing federal amicus briefs would eliminate the long-standing practice of consent filing and thereby make the process less open and democratic, says Lawrence Ebner at the Atlantic Legal Foundation and DRI Center.
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Beware OSHA's Aggressive Stance Toward Safety Violations
The solicitor of labor's recent enforcement report shows the Occupational Safety and Health Administration will increasingly consider creative enforcement measures and even criminal referrals to hold employers accountable for workplace safety infractions, say Ronald Taylor and Page Kim at Venable.
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4 Ways To Motivate Junior Attorneys To Bring Their Best
As Gen Z and younger millennial attorneys increasingly express dissatisfaction with their work and head for the exits, the lawyers who manage them must understand and attend to their needs and priorities to boost engagement and increase retention, says Stacey Schwartz at Katten.
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The Tricky Implications Of New Calif. Noncompete Laws
Two new California noncompete laws that ban certain out-of-state agreements and require employers to notify certain workers raise novel issues related to mergers and acquisitions, and pose particular challenges for technology companies, says John Viola at Thompson Coburn.
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Patent Ownership Issues In Light Of USPTO AI Guidance
Recently published guidance from the U.S. Patent and Trademark Office establishes that inventions created using artificial intelligence may be patentable if a human also significantly contributes, but ownership and legal rights in these types of patents are different issues that require further assessment, says Karl Gross at Leydig Voit.
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Calif. Ruling Shows Limits Of Exculpatory Lease Clauses
A California court's recent decision in Epochal Enterprises v. LF Encinitas Properties, finding a landlord liable for failing to disclose the presence of asbestos on the subject property, underscores the limits of exculpatory clauses' ability to safeguard landlords from liability where known hazards are present, say Fawaz Bham and Javier De Luna at Hunton.
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Breaking Down California's New Workplace Violence Law
Ilana Morady and Patrick Joyce at Seyfarth discuss several aspects of a new California law that requires employers to create and implement workplace violence prevention plans, including who is covered and the recordkeeping and training requirements that must be in place before the law goes into effect on July 1.