Consulting Firm Must Face Ex-Director's Disability Bias Suit

By Patrick Hoff

Financial and risk advisory firm Kroll can't escape a former director's lawsuit alleging he was denied a temporary transfer and fired because of his stroke-related mobility issues, with a New York federal judge ruling Tuesday that a jury should determine whether disability bias played a role in his termination.

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Ex-DLA Piper Partner Must Face Claim He Raped Associate

By Lynn LaRowe

A Massachusetts state court has ruled it has jurisdiction over an assault and battery claim alleging a former DLA Piper partner raped a former Boston-based associate in Delaware, finding that purported incident was part of "a larger course of conduct encompassing multiple torts across several states, all circling around plaintiff's residence and work in Massachusetts."

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Amazon Makes Life Tough For Pregnant Workers, Suit Says

By Patrick Hoff

A quartet of former Amazon warehouse workers lodged a proposed class action in New York federal court Tuesday, accusing the e-commerce giant of slow-walking pregnant women's requests for additional breaks and modified job duties and of firing workers over pregnancy-related absences.

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5th Circ. Nixes Bulk Of NLRB Order In Starbucks Threats Case

By Tim Ryan

The Fifth Circuit has declined to enforce the bulk of a National Labor Relations Board decision finding Starbucks unlawfully threatened workers with reduced store hours and a hiring freeze in response to a unionization campaign but said one manager unlawfully threatened workers' health and leave benefits.

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Brief

7th Circ. Backs NLRB In Fire Company's Union Dispute

By Lauraann Wood

The Seventh Circuit on Tuesday backed a federal labor enforcers' finding that an Illinois fire-suppression company breached an earlier settlement with its employees when it stopped recognizing their union and bargaining for a first contract.

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Walmart Illegally Fired Worker For Positive Pot Test, Suit Says

By Gina Kim

Walmart illegally fired an employee who tested positive for a nonpsychoactive cannabis metabolite that showed up on his urine drug test, despite lacking evidence that he possessed or used cannabis at the workplace or showed any signs of impairment, alleges a wrongful termination suit removed to California federal court on Friday.

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Mich. Prison Officer Can Pursue Retaliation, Bias Claims

By Melanie Dorsey

A longtime Michigan corrections officer can move forward with retaliation and discrimination claims against the Michigan Department of Corrections and individual prison employees, a federal judge ruled, finding she sufficiently alleged that mistreatment intensified after she filed a federal discrimination charge. 

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Contractor Can't Send Arbitration Pact To $162M Wage Class

By Benjamin Morse

A contractor that helps administer a New York state Medicaid program cannot send arbitration agreements to members of a $162 million settlement class in a suit alleging it failed to pay personal assistants accurately or on time, a federal magistrate judge ruled, finding the move could confuse workers about the deal.

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FAA Told Courts Have Spoken On Flight Attendants' Breaks

By Max Kutner

The Federal Aviation Administration received pushback on a proposal to preempt state and local meal and rest break requirements for flight attendants, including an International Brotherhood of Teamsters argument that preemption is up to the courts, though Republican attorneys general backed the proposal.

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Amazon Says No Need For Early Discovery In NJ AG's Case

By Matthew Perlman

Amazon has told a New Jersey federal court there's no need to expedite discovery in the state's case accusing the e-commerce giant of using its market power to stifle competition for delivery drivers, saying the case belongs in front of the National Labor Relations Board.

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Amazon Nearly Controls Full Delivery Driver Market, Suit Says

By Gina Kim

Amazon rigged its delivery service partner program to abuse its monopsony power, suppressing wages and imposing working conditions so atrocious that drivers resort to relieving themselves in water bottles to meet inhuman delivery requirements, according to a proposed antitrust class action filed in California federal court.

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Brief

Ga. Power Line Tree Trimmer Didn't Pay Full OT, Worker Says

By Emily Brill

A company that trims trees near power lines did not pay a former employee overtime, the worker has alleged in Georgia federal court, accusing W.A. Kendall & Co. LLC of violating the Fair Labor Standards Act.

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5th Circ. Partially Backs NLRB Ruling In Starbucks Union Row

By Katherine Smith

The Fifth Circuit backed most of a National Labor Relations Board decision finding that Starbucks engaged in a host of federal labor law violations to suppress a union campaign in upstate New York, ruling that the board's findings are supported by "substantial evidence" presented in the case.

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Medical Pot Co. Can't Block NLRB Labor Case, Union Says

By Katherine Smith

A United Food & Commercial Workers local urged a Utah federal court on Tuesday to toss a medical marijuana dispensary's suit challenging the constitutionality of National Labor Relations Board proceedings lodged against it, claiming the dispensary failed to show it was harmed by the removal protections for agency judges and members.

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DOL Issues Mental Health Parity Enforcement Guidance

By Kellie Mejdrich

The U.S. Department of Labor's employee benefits arm issued guidance Tuesday on how to comply with federal laws that require employer health plans to produce an analysis of their mental health and substance use disorder coverage, which remains subject to litigation in D.C. federal court.

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Auto Industry Group Gets DOL Green Light For Health Plan

By Patrick Hoff

The U.S. Department of Labor's employee benefits arm said Tuesday that a group of retailers and repair centers associated with Napa Auto Parts is clear to establish a group health plan for its member employers, concluding the arrangement would be covered by federal benefits law.

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Ex-Geico Agents Can't Get More Discovery In Benefits Dispute

By MJ Koo

An Ohio federal court has blocked former Geico insurance agents from expanding the scope of discovery in their lawsuit claiming the insurer misclassified them as independent contractors and denied them employee benefits, finding their requests fell outside the boundaries set by an earlier court order.

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11th Circ. Says ACA Trans Care Rule Fight Is Moot

By Carolina Bolado

The Eleventh Circuit refused to revive a challenge to a gender-affirming care rule from the Biden administration that was later reversed by the Biden administration, concluding that the issue has become moot while the appeal was pending.

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NC Brokerage Loses Injunction Bid Against Ex-Directors

By P.J. D'Annunzio

A judge with North Carolina's business court has declined to impose an injunction enforcing restrictive covenants on three former real estate brokerage directors who left to join a competitor, ruling that their former employer's suit had not produced evidence of wrongdoing.

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Brief

Quantitative Trader's Trade Secret Trial Pushed To November

By Elliot Weld

A trial that was set to begin Sept. 14 in a case of a quantitative trader accused of stealing his former employer's trade secrets was pushed to November after a New York federal judge ruled Tuesday that the court and parties needed more time to litigate the admissibility of a defense witness.

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Ex-Facebook Exec Must Arbitrate Memoir Publicity Fight

By Dorothy Atkins

A California federal judge ruled Friday that a former Facebook executive waited too long to challenge in court an interim arbitral award that bars her from promoting her "Careless People" whistleblower memoir, finding that she waived her court challenge by "thoroughly" participating in arbitration for over a year before suing.

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Fla. College Asks To Pause Suit Over Charlie Kirk Posts

By David Minsky

A college has asked a Florida federal court to pause a former worker's suit over getting fired for posting about the assassination of conservative activist Charlie Kirk on social media, saying the case should be halted while a human resources employee appeals her denial of qualified immunity. 

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Ex-Worker Says CBRE Fired Him For Raising Fraud Concern

By Nate Beck

A longtime CBRE employee claimed in a Georgia federal lawsuit that he was fired and blackballed from the real estate firm after he raised concerns about being required to conceal his competing roles for three different companies.

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How Rogue AI May Shape Corporate Liability, Responsibility

Recent artificial intelligence cyber incidents offer a window into how companies deploying autonomous systems should document risk controls even when systems exceed their intended boundaries, as jurors may treat unexpected AI conduct as foreseeable evidence of inadequate safeguards, says Jorge Monroy at Verdict Insight Partners.

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ABA Law School Accrediting Arm Repeals Diversity Standard

By Emma Cueto and Andrea Keckley

The American Bar Association council responsible for law school accreditation voted Tuesday to eliminate its diversity and inclusion standard, the final step in a process that the council hopes will ensure it remains an accreditor recognized by the U.S. Department of Education.

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5th Circ. Backs Ax Of $125M Judgment Over Judge Friendship

By Mike Curley

A split Fifth Circuit panel Tuesday affirmed the vacatur of a trial by a magistrate judge that resulted in a $125 million judgment against Port of Lake Charles, finding the district court correctly found that the magistrate judge didn't fully disclose her 40-year, "close, multifaceted, and personal friendship" with IFG Port Holdings LLC's attorney.

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AG Blanche To Speak At GOP Midterm Convention

By Courtney Bublé

Attorney General Todd Blanche will speak at the Republican midterm convention this week in his "personal capacity."

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Catching Up With Delaware's Chancery Court

By Jarek Rutz

The Delaware Chancery Court this past week saw disputes involving a former NFL star and a $2.5 million solar venture, Morgan Stanley's role in Fox Corp.'s planned $22 billion acquisition of Roku Inc., and JPMorgan Chase & Co.'s effort to pause more than $20 million in legal-fee payments to former Frank executives.

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