Employment

  • September 11, 2024

    Pest Control Company Wraps Up Fired Worker's PWFA Charge

    The U.S. Equal Employment Opportunity Commission said Wednesday that a pest control company in Florida will cough up about $47,000 to settle allegations that it violated the Pregnant Workers Fairness Act by firing a worker who wanted to attend monthly medical appointments.

  • September 11, 2024

    Top Calif. Biz Bills Sitting On Gov. Newsom's Desk

    Among the hundreds of bills awaiting California Governor Gavin Newsom's signature are a number that would create new guidelines for Golden State employers, healthcare industry players, as well as artificial intelligence labeling, textile recycling and increasing criminal penalties for corporate malfeasance by tens of millions of dollars.

  • September 11, 2024

    Wayfair Beats Fired Worker's Disability Bias Suit At 3rd Circ.

    The Third Circuit refused Wednesday to revive a disability bias suit from a former Wayfair warehouse worker who said the furniture retailer violated New Jersey law when it fired him, backing a trial court's finding that he couldn't handle the essential functions of his job.

  • September 11, 2024

    Split 6th Circ. Backs SEC Win In Proxy Adviser Rule Change

    A divided Sixth Circuit has upheld the U.S. Securities and Exchange Commission's decision to partially undo Trump-era rules governing proxy advisers, creating an apparent split with the Fifth Circuit on whether the agency's regulatory actions violated the Administrative Procedure Act.

  • September 11, 2024

    Uber, Postmates Ask Justices To Address AB 5 Classifications

    Postmates and Uber urged the U.S. Supreme Court to reverse the Ninth Circuit's decision dismissing their constitutional challenge to California's worker classification law, arguing that A.B. 5 singles them out and strips them of equal protection under the law, according to their petition to the high court.

  • September 11, 2024

    2nd Circ. Reverses S. Korean Consulate Chauffeur's Wage Win

    The Second Circuit on Wednesday overturned a decision that allowed a chauffeur working for South Korea's foreign consulate in Manhattan to pursue his wage-and-hour claims against the organization, ruling that the lower court was too quick to decide that the consulate was not immune to the claims under the foreign sovereignty law.

  • September 11, 2024

    5th Circ. To Rethink Houston Firm's Poaching Suit Removal

    The Fifth Circuit agreed on Wednesday to rethink its decision not to touch a dispute between Abraham Watkins Nichols Agosto Aziz & Stogner and one of its former attorneys over whether the ex-employee waived his right to remove the firm's poaching suit to federal court.

  • September 11, 2024

    Nurse Says Hospital Rounding Policy Stole Her Wages

    A hospital nurse filed a proposed class and collective action Tuesday claiming she was stiffed of her wages because of the hospital system's unlawful timekeeping rounding practices and an obligation to be on-call even during meal breaks.

  • September 11, 2024

    NLRB Slaps Amazon For Settlement Violations in NY, Ill.

    Amazon violated an unfair labor practice settlement it reached with the National Labor Relations Board when it issued a policy restricting employees' off-duty access to facilities in Illinois and New York, the board ruled, ordering the company to rescind the policy and properly inform workers of their organizing rights.

  • September 11, 2024

    Mass. Jury Weighs Raft Of Fraud Charges Against Ex-Pol

    A Boston federal jury resumed deliberations Wednesday in a criminal case alleging a former Massachusetts state senator lied on his taxes and an application for pandemic unemployment aid, after the ex-politico testified in his own defense.

  • September 11, 2024

    Kirkland Can't Shake Former Associate's Bias Suit

    A California federal judge has mostly rejected efforts by Kirkland & Ellis to pare down the discrimination suit of a former intellectual property associate, while also backing a prior order that prevented the firm from subpoenaing her former BigLaw employers for confidential personnel information.

  • September 11, 2024

    10th Circ. Backs Christian School Worker's Religious Bias Suit

    The Tenth Circuit revived religious discrimination claims from a former assistant principal who was fired after voicing concern about a school production of a play about the murder of a gay man, ruling that he provided enough circumstantial evidence to keep those allegations in court.

  • September 11, 2024

    Education Tech Co. Settles EEOC Pay Bias Probe

    Boxlight Inc. agreed to change its policies and have a third-party auditor examine its pay practices after a U.S. Equal Employment Opportunity Commission investigation found the education technology company willfully underpaid a female manager, the EEOC said.

  • September 11, 2024

    Phelps Dunbar Recruits 6 Litigators In Raleigh

    Phelps Dunbar LLP has hired six lawyers in Raleigh to serve the business and litigation needs of companies in North and South Carolina, adding strength in health care, construction, employment and intellectual property.

  • September 11, 2024

    MS Charity Liable For Not Assessing Risks To Pregnant Staffer

    A multiple sclerosis charity discriminated against a pregnant support officer by failing to run a pregnancy-specific risk assessment for her role, a tribunal has ruled.

  • September 11, 2024

    Worker Credit Moratorium Effectively Killed Claims, Court Told

    An Internal Revenue Service moratorium on processing tax credits for retaining employees during the coronavirus pandemic has effectively disallowed the granting of credits to deserving businesses, a Texas Montessori school told a federal court as it pursued a refund of nearly $200,000 in credits.

  • September 11, 2024

    Healthcare Co. Denied Nurse Time For Surgery, EEOC Says

    A company that operates nursing and rehabilitation facilities failed to act when a nurse was sexually harassed by her supervisor, then told the employee to quit when she needed time off for surgery, the U.S. Equal Employment Opportunity Commission said in Illinois federal court.

  • September 11, 2024

    Constangy Brings On More Jackson Lewis Attys In San Diego

    Three former Jackson Lewis PC attorneys have come aboard at the San Diego office of labor and employment firm Constangy Brooks Smith & Prophete LLP, joining four onetime Jackson Lewis colleagues who arrived at Constangy this summer. 

  • September 11, 2024

    Barrister Accused Of Groping Paralegal At Work Dinner

    A barrister with One Essex Court groped a legal assistant during a work dinner, the Bar Standards Board told a tribunal Wednesday.

  • September 11, 2024

    Freelancer Loses Unfair Dismissal Case Against Al Jazeera

    An employment tribunal has ruled that Al Jazeera did not push a Zimbabwean journalist to quit when he had finished working on an investigative series about gold-smuggling because he was not an employee at the time.

  • September 11, 2024

    Doctor Gets OK To Sue Despite Calling Exec 'Evil Bastard'

    A doctor who swore at a hospital boss in public can still bring his claim against a National Health Service trust, after an employment tribunal ruled that he was not likely to repeat his actions with any other witnesses in the case.

  • September 11, 2024

    UK Pension Funding Surplus Dips £500M After BoE Rate Cut

    The funding surplus of U.K. pension plans fell by £500 million ($653 million), according to official figures, after the Bank of England cut interest rates in August.

  • September 10, 2024

    NLRB Says Pa. Hospital Must Give Union Wage Info

    A Pittsburgh-based psychiatric hospital must provide nonunion wage information to a union representing nursing employees, the National Labor Relations Board has ruled, upholding an administrative law judge's decision that the data is relevant for the union to execute its duties.

  • September 10, 2024

    Blink Fitness Lands $105M Bid From PureGym

    Bankrupt gym chain Blink Fitness landed a stalking horse bid from a unit of U.K.-based global gym operator PureGym Ltd. that sets a $105 million floor price for a Chapter 11 auction set to be held later this month, the companies said Tuesday.

  • September 10, 2024

    Call Center Worker Says She Was Stiffed Boot-Up Time Pay

    A customer service call center worker filed a proposed class and collective action claiming she was denied wages for boot-up time, according to a complaint filed in Michigan federal court.

Expert Analysis

  • How To Clean Up Your Generative AI-Produced Legal Drafts

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    As law firms increasingly rely on generative artificial intelligence tools to produce legal text, attorneys should be on guard for the overuse of cohesive devices in initial drafts, and consider a few editing pointers to clean up AI’s repetitive and choppy outputs, says Ivy Grey at WordRake.

  • Series

    After Chevron: Various Paths For Labor And Employment Law

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    Labor and employment law leans heavily on federal agency guidance, so the U.S. Supreme Court’s decision to toss out Chevron deference will ripple through this area, with future workplace policies possibly taking shape through strategic litigation, informal guidance, state-level regulation and more, says Alexander MacDonald at Littler.

  • Series

    Boxing Makes Me A Better Lawyer

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    Boxing has influenced my legal work by enabling me to confidently hone the skills I've learned from the sport, like the ability to remain calm under pressure, evaluate an opponent's weaknesses and recognize when to seize an important opportunity, says Kirsten Soto at Clyde & Co.

  • Opinion

    Industry Self-Regulation Will Shine Post-Chevron

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    The U.S. Supreme Court's Loper decision will shape the contours of industry self-regulation in the years to come, providing opportunities for this often-misunderstood practice, says Eric Reicin at BBB National Programs.

  • 3 Ways Agencies Will Keep Making Law After Chevron

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    The U.S. Supreme Court clearly thinks it has done something big in overturning the Chevron precedent that had given deference to agencies' statutory interpretations, but regulated parties have to consider how agencies retain significant power to shape the law and its meaning, say attorneys at K&L Gates.

  • Roundup

    After Chevron

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    In the month since the U.S. Supreme Court overturned the Chevron deference standard, this Expert Analysis series has featured attorneys discussing the potential impact across 26 different rulemaking and litigation areas.

  • Opinion

    FIFA Maternity Policy Shows Need For Federal Paid Leave

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    While FIFA and other employers taking steps to provide paid parental leave should be applauded, the U.S. deserves a red card for being the only rich nation in the world that offers no such leave, says Dacey Romberg at Sanford Heisler.

  • Opinion

    Atty Well-Being Efforts Ignore Root Causes Of The Problem

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    The legal industry is engaged in a critical conversation about lawyers' mental health, but current attorney well-being programs primarily focus on helping lawyers cope with the stress of excessive workloads, instead of examining whether this work culture is even fundamentally compatible with lawyer well-being, says Jonathan Baum at Avenir Guild.

  • What 2 Rulings On Standing Mean For DEI Litigation

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    Recent federal court decisions in the Fearless Fund and Hello Alice cases shed new light on the ongoing wave of challenges to diversity, equity and inclusion initiatives, with opposite conclusions on whether the plaintiffs had standing to sue, say attorneys at Moore & Van Allen.

  • Series

    Skiing And Surfing Make Me A Better Lawyer

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    The skills I’ve learned while riding waves in the ocean and slopes in the mountains have translated to my legal career — developing strong mentor relationships, remaining calm in difficult situations, and being prepared and able to move to a backup plan when needed, says Brian Claassen at Knobbe Martens.

  • Unpacking The Circuit Split Over A Federal Atty Fee Rule

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    Federal circuit courts that have addressed Rule 41(d) of the Federal Rules of Civil Procedure are split as to whether attorney fees are included as part of the costs of a previously dismissed action, so practitioners aiming to recover or avoid fees should tailor arguments to the appropriate court, says Joseph Myles and Lionel Lavenue at Finnegan.

  • 4 Steps To Repair Defense Credibility In Opening Statements

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    Given the continued rise of record-breaking verdicts, defense counsel need to consider fresh approaches to counteract the factors coloring juror attitudes — starting with a formula for rebuilding credibility at the very beginning of opening statements, says Ken Broda-Bahm at Persuasion Strategies.

  • Compliance Countdown To New Calif. Workplace Safety Rules

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    Nearly all California employers should be taking steps to prepare for the July 1 deadline to comply with a Labor Code update that will introduce the first general industry workplace violence prevention safety requirements in the U.S., say attorneys at Littler.

  • Arbitration Implications Of High Court Coinbase Ruling

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    The U.S. Supreme Court's recent Coinbase v. Suski ruling not only reaffirmed the long-standing principle that arbitration is a matter of contract, but also established new and more general principles concerning the courts' jurisdiction to decide challenges to delegation clauses and the severability rule, say Tamar Meshel at the University of Alberta.

  • Prejudicial Evidence Takeaways From Trump Hush Money Trial

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    The Manhattan District Attorney's Office's prosecution and conviction of former President Donald Trump on 34 felony counts provides a lesson on whether evidence may cause substantial unfair prejudice, or if its prejudicial potential is perfectly fair within the bounds of the law, says Reuben Guttman at Guttman Buschner.

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