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Employment
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September 19, 2024
Insurer Must Cover Fatal Motorcycle Crash, Could Owe $12.5M
A Florida federal court ordered an insurer to pay up to its policy limits in a case that could cost it nearly $12.5 million after a delivery driver for a Chinese restaurant made an illegal turn on a Florida interstate, hitting and killing a motorcyclist in 2018.
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September 19, 2024
Ex-Williams Sonoma Worker Bilked $11M In Scam, Feds Say
A former Williams Sonoma employee was indicted in California federal court over a yearslong scheme in which he allegedly defrauded the company out of $11 million after submitting fraudulent invoices for work that was never performed by a fictitious staffing business he secretly owned, the U.S. Attorney's Office announced.
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September 19, 2024
7th Circ. Asks If Law School Should Be 'Safe Space'
Seventh Circuit judges considering a retaliation suit from a University of Illinois Chicago Law School professor who used a racist slur in an exam hypothetical asked Thursday if law schools should really be a "safe space" shielding students from the kind of "horrific facts" courts deal with regularly.
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September 19, 2024
Cozen O'Connor Benefits Pro Joins McCarter & English
McCarter & English LLP has expanded its Philadelphia office this week with the addition of a former Cozen O'Connor attorney who moved his employee benefit-focused practice after more than five years.
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September 19, 2024
Feds, Wis. Military Affairs Office Ink Deal In Pay Bias Suit
The Wisconsin Department of Military Affairs will pay $175,000 to end a U.S. Department of Justice suit alleging it offered a female job applicant a lower salary than what it paid a man for the same position, according to a filing Thursday in federal court.
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September 19, 2024
Fox Rothschild Employment Atty Joins FordHarrison In NJ
A former Fox Rothschild LLP labor and employment law regional practice leader in New Jersey has moved to FordHarrison LLP, bringing her expertise in employment litigation and compliance counseling to the firm.
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September 19, 2024
Cleaning Co., H-2B Workers Nab Final OK For $400K Deal
A Colorado federal judge granted final approval Thursday to a $400,000 settlement that resolves claims from migrant housekeepers who accused a cleaning contractor of committing a variety of wage and visa law violations and threatening to deport workers who complained.
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September 19, 2024
3rd Circ. Curious When Workplace Acts Become 'Concerted'
Third Circuit judges pressed the National Labor Relations Board on Thursday to specify what elevated a Pennsylvania plastic company employee's complaints about working during COVID-19 closures into protected, "concerted" activities, if there was little evidence that other employees joined him in his concerns.
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September 19, 2024
Airline Sinks Bias Suit From Worker Fired Over Drug Test
A Pennsylvania federal judge tossed a race and disability bias suit from an American Airlines worker who said she was fired over a positive drug test triggered by her ADHD medication, ruling she hadn't presented evidence that bias drove the decision to let her go.
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September 19, 2024
Logistics Co. Can't Avoid Ex-Worker's Suit Over Racist Threat
A logistics company must face a Black former employee's suit alleging it failed to prevent a white co-worker who displayed a Confederate flag on his phone from subjecting him to a racist threat, a Pennsylvania federal judge ruled, saying a jury should weigh whether the company should have stepped in.
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September 19, 2024
NY Knicks Owner Escapes Federal Sex Trafficking Claims
A California federal judge has dismissed sexual assault and trafficking claims against New York Knicks owner James Dolan, casting a hired massage therapist's accusations against him as "speculative" but leaving the door open for further litigation in state court.
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September 18, 2024
7th Circ. Questions Nixing $183M Eli Lilly Drug Rebate Verdict
A Seventh Circuit judge seemed unsure Wednesday whether to disturb a $183 million verdict against Eli Lilly in a false claims case targeting more than a decade of drug rebate miscalculations, questioning whether the company skipped checking legal guidance before calling its price reporting requirements unclear.
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September 18, 2024
Mich. Justices Continue To Fight Over Minimum Wage Ruling
Michigan's minimum wage will rise to $12.48 an hour in February, the state Supreme Court confirmed Wednesday in an order that settled a debate over how to calculate the new wage floor, but rehashed internal disagreements over the court's July decision to increase the minimum wage.
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September 18, 2024
5th Circ. Axes Bargaining Order Against Legal Support Firm
The Fifth Circuit reversed a National Labor Relations Board bargaining order Wednesday against a legal support consulting firm, determining certain workers within the unit are supervisors who can't unionize under federal labor law.
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September 18, 2024
Teamsters Won't Endorse Candidate In 2024 Election
The International Brotherhood of Teamsters announced Wednesday it will not endorse a candidate in the upcoming presidential election, citing its polling of members and a lack of commitment from major party candidates on issues key to the union.
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September 18, 2024
Ex-Amgen Rep Wasn't Original Whistleblower, Judge Says
A Brooklyn federal judge tossed a former Amgen sales representative's whistleblower suit on Wednesday, saying many elements of his allegations of a kickback scheme had been disclosed in news reports and civil lawsuits prior to his filing.
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September 18, 2024
Combs Denied Bail, Feds Cite 'Massive' Trafficking Evidence
A Manhattan federal judge on Wednesday denied bail for Sean "Diddy" Combs, upholding an earlier detention order despite a pitch by the hip-hop mogul accused of violent sex trafficking to be released to his luxe Miami Beach island home while awaiting trial.
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September 18, 2024
Senate Panel Backs Bill Easing Pot Rules For Federal Hires
A Democrat-backed bill that would curb federal agencies' ability to use past medical or recreational cannabis use as a factor in hiring and security clearance decisions was advanced out of a Senate committee Wednesday, paving the way for a vote before the whole chamber.
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September 18, 2024
EEOC Nabs $85K For Ex-Walmart Worker Who Needed Leave
Walmart has agreed to pay a former sales associate $85,000 to resolve a U.S. Equal Employment Opportunity Commission suit claiming the retail giant fired her when she requested medical leave to treat her Crohn's disease, according to a North Carolina federal court filing.
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September 18, 2024
Mich. Justices To Hear 911 Dispatcher's Whistleblower Appeal
The Michigan Supreme Court will consider whether a 911 operator's complaint about a supervisor's handling of a call was protected activity under the state's whistleblower law, the justices said Wednesday.
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September 18, 2024
Del. Justices Grapple With Noncompete Litigation Limits
An attorney for residential solar power system dealer Sunder Energy LLC told Delaware's top court Wednesday that the Chancery Court last year relied on a case record "procedurally anomalous and bereft of fact" when it denied a preliminary injunction in a noncompete suit targeting a co-founder and two competitors.
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September 18, 2024
Universal Studios Skimped On Workers' Pay, Suit Says
Universal Studios Hollywood shorted nonexempt employees on all wages owed to them by failing to pay them for necessary pre- and post-shift tasks, and neglected to provide workers with adequate meal and rest periods, a proposed class action filed in California state court said.
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September 18, 2024
Conn. Investment Adviser Stole Secrets, Ex-Employer Says
An employee of a Connecticut investment advisory firm started a competing company and solicited his employer's clients before suddenly resigning and taking trade secrets to his new business, according to a new lawsuit in state court.
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September 18, 2024
Mass. Appeals Court Backs Pot Shop's Arbitration Agreement
A Massachusetts medical marijuana dispensary can enforce an arbitration clause in its employment agreement even when it did not specify the rights a worker was waiving, an intermediate state appellate court has said.
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September 18, 2024
NCAA Must Give Up Control To Reach Suitable NIL Settlement
The date set by a California federal judge for the NCAA and the athletes suing it over name, image and likeness compensation to iron out issues with their proposed $2.78 billion settlement is fast approaching, and according to experts, a rational solution that would satisfy the two sides and the law might not exist.
Expert Analysis
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Firms Must Offer A Trifecta Of Services In Post-Chevron World
After the U.S. Supreme Court’s Loper Bright Enterprises v. Raimondo decision overturning Chevron deference, law firms will need to integrate litigation, lobbying and communications functions to keep up with the ramifications of the ruling and provide adequate counsel quickly, says Neil Hare at Dentons.
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5 Tips To Succeed In A Master Of Laws Program And Beyond
As lawyers and recent law school graduates begin their Master of Laws coursework across the country, they should keep a few pointers in mind to get the most out of their programs and kick-start successful careers in their practice areas, says Kelley Miller at Reed Smith.
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NYC Wage Info Bill Highlights Rise In Pay Transparency Laws
With New York City the latest to mull requiring companies to annually report employee wage data, national employers should consider adapting their compliance practices to comply with increasingly common pay transparency and disclosure obligations at state and local levels, says Kelly Cardin at Littler Mendelson.
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When Trauma Colors Testimony: How To Help Witnesses
As stress-related mental health issues continue to rise, trial attorneys must become familiar with a few key trauma-informed strategies to help witnesses get back on track — leaning in to the counselor aspect of their vocations, say Ava Hernández and Steve Wood at Courtroom Sciences.
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Series
Being An Opera Singer Made Me A Better Lawyer
My journey from the stage to the courtroom has shown that the skills I honed as an opera singer – punctuality, memorization, creativity and more – have all played a vital role in my success as an attorney, says Gerard D'Emilio at GableGotwals.
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How Law Firms Can Avoid 'Collaboration Drag'
Law firm decision making can be stifled by “collaboration drag” — characterized by too many pointless meetings, too much peer feedback and too little dissent — but a few strategies can help stakeholders improve decision-making processes and build consensus, says Steve Groom at Miles Mediation.
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Workday AI Bias Suit Suggests Hiring Lessons For Employers
As state laws and a federal agency increasingly focus on employment bias introduced by artificial intelligence systems, a California federal court's recent decision to allow a discrimination suit to proceed against Workday's AI-driven recruitment software, shows companies should promptly assess these tools' risks, say attorneys at Williams & Connolly.
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When The Supreme Court Gives You Lemons, Make Lemonade
Instead of grousing about the U.S. Supreme Court’s recent decisions overturning long-standing precedents, attorneys should look to history for examples of how enterprising legal minds molded difficult decisions to their advantage, and figure out how to work with the cards they’ve been dealt, says Reuben Guttman at Guttman Buschner.
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What BIPA Reform Law Means For Biometrics Litigation
A recently signed Illinois law amending the Biometric Information Privacy Act limits defendants' liability exposure on a per-scan basis and clarifies that electronic signatures constitute a valid written release, establishing additional issues that courts will need to address in future BIPA litigation, say attorneys at Faegre Drinker.
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How Anti-DEI Bill Could Affect Employers' Diversity Efforts
Sen. J.D. Vance's recently introduced Dismantle DEI Act would substantially limit employers’ ability to implement and promote workplace diversity, equity and inclusion, but there are still steps employers can take to support a diverse workforce, says Peter Ennis at Cozen O’Connor.
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Opinion
Proposed Law Would Harm NYC Hospitality Industry
A recently proposed New York City Law that would update hotel licensing and staff coverage requirements could give the city commissioner and unions undue control over the city's hospitality industry, and harm smaller hotels that cannot afford full-time employees, says Stuart Saft at Holland & Knight.
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Opinion
Litigation Funding Disclosure Key To Open, Impartial Process
Blanket investor and funding agreement disclosures should be required in all civil cases where the investor has a financial interest in the outcome in order to address issues ranging from potential conflicts of interest to national security concerns, says Bob Goodlatte, former U.S. House Representative for Virginia.
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Comparing 5 Administrators' Mass Arbitration Procedures
Attorneys at DLA Piper compare the rules for mass arbitrations at five different arbitration providers — Judicial Arbitration and Mediation Services, American Arbitration Association, National Arbitration and Mediation, FedArb and New Era ADR — including their triggers, claim screening procedures, how and when they assess fees, and more.
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What NFL Draft Picks Have In Common With Lateral Law Hires
Nearly half of law firm lateral hires leave within a few years — a failure rate that is strikingly similar to the performance of NFL quarterbacks drafted in the first round — in part because evaluators focus too heavily on quantifiable metrics and not enough on a prospect's character traits, says Howard Rosenberg at Baretz+Brunelle.
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Calif. Ruling Clarifying Paystub Compliance Is Win For Cos.
In rare good news for California employers, the state Supreme Court recently clarified that workers couldn’t win extra penalties in wage and hour cases by claiming their employer intentionally violated state paystub law if the employer believed it had complied in good faith, say Drei Munar and Kirk Hornbeck at Hunton.