Employment

  • February 29, 2024

    Law Firm Recruited Objectors To Tank Vax Deal, Class Says

    Indianapolis-based law firm Kroger, Gardis & Regas LLP is trying to unravel a settlement with Ascension Health Alliance because the firm wants to pursue its own class litigation, hospital staff told the Sixth Circuit in a brief filed Wednesday.

  • February 29, 2024

    Tesla Likely To Face 6,000-Member Class Action On Race Bias

    A California state judge said she's prepared to certify a nearly 6,000-member class of Black Tesla workers alleging the manufacturer failed to address rampant racist language and graffiti at a California factory, finding the workers presented enough evidence to proceed as a group.

  • February 29, 2024

    NJ Panel Says Ex-City Prosecutor Not Eligible For Pension

    A former municipal prosecutor was not a city employee but a professional service provider, a New Jersey appellate panel held Thursday, stripping him of seven years of pension participation and credits.

  • February 29, 2024

    K&L Gates Lands Labor Ace In Dallas From Bell Nunnally

    K&L Gates LLP announced Thursday that it has bolstered its labor, employment and workplace safety group with a partner in Dallas who made the leap from Bell Nunnally & Martin LLP.

  • February 29, 2024

    Dish Satellite Retailer Misclassified Technicians, Suit Claims

    A satellite technician has slapped his employer with a proposed collective action in Georgia federal court claiming Prime Rangers Inc., an authorized Dish satellite television retailer, misclassified him and his colleagues as independent contractors and failed to pay them overtime wages.

  • February 29, 2024

    Defense Contractor Says Ex-Exec Took Sensitive Data To Rival

    A defense contractor accused a former executive of taking confidential business information and export-controlled data on the body armor it supplies to the U.S. military and local and state law enforcement to a rival, a foreign-owned business.

  • February 29, 2024

    No Early Wins In South Dakota Derailment Injury Suit

    A South Dakota federal judge won't let either a conductor or Rapid City, Pierre & Eastern RR Inc. notch early wins in a suit against the railroad over a 2019 derailment, saying there are factual questions about whether the railroad knew or should have known about the conditions on the track before the accident.

  • February 29, 2024

    Asking For Salary History Banned In Columbus, Ohio

    Employers in Columbus, Ohio, will no longer be able to ask job applicants about their salary history under a law set to take effect Friday.

  • February 28, 2024

    7th Circ. Revives Health System Worker's FMLA Suit For Trial

    A split Seventh Circuit panel on Wednesday revived a former OSF Healthcare System employee's suit accusing the company of wrongfully firing her after failing to adjust performance expectations while she worked reduced hours, ruling a factual dispute remains over how much leave she took, which could lead a jury to find in her favor.

  • February 28, 2024

    Musk, Ex-Twitter Staff Fail To Reach Deal In Severance Dispute

    Settlement talks between X Corp., formerly known as Twitter, and a group of former employees have fallen apart, the parties told a Delaware federal judge on Wednesday, asking the judge to lift a stay in their dispute over severance compensation.

  • February 28, 2024

    NJ Panel Frees National Boys & Girls Club From Abuse Claims

    The New Jersey state appeals court on Wednesday freed Boys & Girls Clubs of America from consolidated litigation over alleged sexual abuse in the '70s and '80s by a counselor then employed by the nonprofit's Hudson County chapter, ruling that the national organization had no control over the local unit's operations. 

  • February 28, 2024

    Sbarro Worker Appeals 'Prejudiced' Verdict On Rape Claims

    A former Sbarro employee asked the Ninth Circuit on Wednesday to order a retrial on her allegations that she was sexually assaulted multiple times by a manager and co-workers, claiming a jury verdict favoring the company resulted from a trial tainted by prejudicial assertions, improper evidence and defamatory comments toward her and her counsel.

  • February 28, 2024

    Wells Fargo Fired Teller For AML Whistleblowing, Suit Says

    Wells Fargo faces an ex-employee's suit alleging the bank fired her in retaliation after she raised concerns that the bank's "streamlined" online account opening process allowed customers to open accounts even if they'd previously failed screening aimed at preventing money laundering.

  • February 28, 2024

    Au Pair Agency Can't Arbitrate Wage Claims, Judge Says

    Au pair agency Cultural Care has waived any claimed right to pursue arbitration in a proposed collective wage complaint by extensively litigating the case for several years, including a trip to the First Circuit, a Massachusetts federal judge concluded Wednesday.

  • February 28, 2024

    US Mine Claims 'An Affront' To Nat'l Sovereignty, Mexico Says

    The government of Mexico on Wednesday called on a multinational panel to toss the United States' claims that the collective bargaining rights of workers at a mine in Zacatecas continue to be violated six years after a workers' strike ended.

  • February 28, 2024

    Energy Dept. To Give Tribes $25M For Clean Energy Tech

    The U.S. Department of Energy has said it is paying out $25 million in funds to Indigenous tribes for clean energy technology on tribal lands as part of an approximately $366 million Biden administration plan to support community-driven energy projects in rural areas.

  • February 28, 2024

    Tilray Can't Get Exec's $4M Arbitration Award Tossed

    Cannabis company Tilray Brands Inc. can't evade a nearly $4 million arbitration award to a former executive it fired, a federal judge ruled, saying the company's arguments for why the Washington district court should have jurisdiction over a Minnesota arbitration are "wrong on all counts."

  • February 28, 2024

    Drilling Services Co. Must Face Suit Over Worker's Injury

    A company that provides power to oil drilling operations must face an indemnification lawsuit after a worker was electrocuted while fixing a downed line, according to a Colorado federal judge's order finding that the case wouldn't interfere with the worker's injury suit.

  • February 28, 2024

    NC Hospital, Nurses Get OK For Settlement Of Bias Suit

    A North Carolina federal court on Wednesday approved a settlement between a Charlotte hospital and former nurses who had alleged they bore the brunt of a discriminatory campaign to oust veteran nurses and bring in new workers, ending a four-year lawsuit.

  • February 28, 2024

    Walmart Stifled Mask Rule Complaints, NLRB GC Claims

    National Labor Relations Board prosecutors bolstered a complaint Wednesday accusing Walmart of violating federal labor law by suppressing complaints about its COVID-19 safety rules, claiming the company sent a worker at a South Carolina store home for photographing a maskless manager, the agency announced.  

  • February 28, 2024

    Judge Clears Fujian Jinhua On Feds' Trade Secrets Claims

    A California federal judge has found that the federal government failed to show semiconductor-maker Fujian Jinhua Integrated Circuit Co. Ltd. is guilty of various claims in a suit accusing it of economic espionage in a trade secrets case.

  • February 28, 2024

    Save Mart Retirees Add To Nonunion Health Benefits Suit

    Four retirees of a supermarket chain serving California and Nevada added two claims to their proposed Employee Retirement Income Security Act class action against their former employer, telling a California federal judge that Save Mart Supermarkets failed to properly terminate a health care plan for nonunion employees.

  • February 28, 2024

    9th Circ. Says DOL Can Use Las Vegas Data For Nev. Wages

    The Ninth Circuit has said the U.S. Department of Labor was legally able to use data for a higher-paid Nevada region when it sorted out prevailing wages in the state, turning down a bid by three construction industry-related organizations to consider geographic limitations for wages.

  • February 28, 2024

    Google Seeks Sanctions For Ex-Employee's Atty Conduct

    Tech behemoth Google LLC asked a Texas federal court Tuesday to sanction its former worker in the latest tit-for-tat in an ongoing age and gender discrimination suit, saying the former employee's attorneys had engaged in a "blatant attempt to harass and bully opposing counsel and witnesses."

  • February 28, 2024

    Alaska Airlines Says Religion Didn't Factor Into Worker Firings

    Alaska Airlines is urging a Washington federal judge to toss two Christian flight attendants' claims that they were pushed out of work due to bias against their religious beliefs by the company and their union, saying they were actually fired because they expressed their beliefs in a discriminatory manner.

Expert Analysis

  • 6 Ways To Minimize Risk, Remain Respectful During Layoffs

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    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.

  • 7 Common Myths About Lateral Partner Moves

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    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.

  • NYC Workplace AI Regulation Has Been Largely Insignificant

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    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.

  • Series

    Cheering In The NFL Makes Me A Better Lawyer

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    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.

  • Args In APA Case Amplify Justices' Focus On Agency Power

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    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.

  • Mitigating Whistleblower Risks After High Court UBS Ruling

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    While it is always good practice for companies to periodically review whistleblower trainings, policies and procedures, the U.S. Supreme Court’s recent whistleblower-friendly ruling in Murray v. UBS Securities helps demonstrate their importance in reducing litigation risk, say attorneys at Arnold & Porter.

  • Using Arbitration And Class Waivers As Privacy Suit Tools

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    Amid a surge in data breach class actions over the last few years, several federal court decisions indicate that arbitration clauses and class action waiver provisions can be possible alternatives to public court battles and potentially reduce the costs of privacy litigation, say Mark Olthoff and Courtney Klaus at Polsinelli.

  • Future Not Looking Bright For Calif. Employee Nonsolicits

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    California's new legislation imposing potentially harsh consequences on employers for attempting to enforce noncompetes raises questions about the fate of employee nonsolicitation agreements — and both federal and state court decisions suggest the days of the latter may be numbered, say Anthony Oncidi and Philippe Lebel at Proskauer.

  • 6 Pointers For Attys To Build Trust, Credibility On Social Media

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    In an era of information overload, attorneys can use social media strategically — from making infographics to leveraging targeted advertising — to cut through the noise and establish a reputation among current and potential clients, says Marly Broudie at SocialEyes Communications.

  • Del. Ruling Stands Out In Thorny Noncompete Landscape

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    In Cantor Fitzgerald v. Ainslie, the Delaware Supreme Court last month upheld the enforceability of forfeiture-for-competition provisions in limited partnership agreements, providing a noteworthy opinion amid a time of increasing disfavor toward noncompetes and following a string of Chancery Court rulings deeming them unreasonable, say Margaret Butler and Steven Goldberg at BakerHostetler.

  • Class Actions At The Circuit Courts: February Lessons

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    In this month's review of class action appeals, Mitchell Engel at Shook Hardy discusses five notable circuit court decisions on topics from property taxes to veteran's rights — and provides key takeaways for counsel on issues including class representative intervention, wage-and-hour dispute evidence and ascertainability requirements.

  • A Post-Mortem Analysis Of Stroock's Demise

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    After the dissolution of 147-year-old firm Stroock late last year shook up the legal world, a post-mortem analysis of the data reveals a long list of warning signs preceding the firm’s collapse — and provides some insight into how other firms might avoid the same disastrous fate, says Craig Savitzky at Leopard Solutions.

  • Reassessing Trade Secrets Amid Proposed Noncompete Ban

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    The Federal Trade Commission's proposed ban on noncompete agreements as well as state bans make it prudent for businesses to reevaluate and reinvigorate approaches to trade secret protection, including knowing what information employees are providing to vendors, and making sure confidentiality agreements are put in place before information is shared, says Rob Jensen at Wolf Greenfield.

  • NYC Cos. Must Prepare For Increased Sick Leave Liability

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    A recent amendment to New York City's sick leave law authorizes employees for the first time to sue their employers for violations — so employers should ensure their policies and practices are compliant now to avoid the crosshairs of litigation once the law takes effect in March, says Melissa Camire at Fisher Phillips.

  • Employer Best Practices In Light Of NY Anti-Trans Bias Report

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    A recent report from the New York State Department of Labor indicates that bias against transgender and nonbinary people endures in the workplace, highlighting why employers must create supportive policies and gender transition plans, not only to mitigate the risk of discrimination claims, but also to foster an inclusive work culture, says Michelle Phillips at Jackson Lewis.

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