Employment

  • September 20, 2024

    Employment Authority: DOL's Strategies After Chevron Ruling

    Law360 Employment Authority covers the biggest employment cases and trends. Catch up this week with coverage on how effective the U.S. Department of Labor's tactics have been after the U.S. Supreme Court nixed the Chevron doctrine, the Federal Trade Commission's challenge to a proposed merger between Kroger and Albertsons highlights the overlap between labor law and antitrust enforcement and a look at the U.S. Equal Employment Opportunity Commission's enforcement efforts on the nation's newest civil rights laws.

  • September 20, 2024

    Conn. Court Axes Estate's Benefit Bid For Deceased Fire Chief

    The estate of Waterbury, Connecticut's union-represented fire chief cannot collect any remaining workers' compensation benefits owed to him after his 1993 heart attack, a state appeals court ruled Friday, saying that under a city law, the chief's pension had adequately compensated him.

  • September 20, 2024

    2 SEC Commissioners Object To Whistleblower Award Secrecy

    U.S. Securities and Exchange Commissioners Mark Uyeda and Hester Peirce have objected to the agency's recent decision to hand out a total of $122 million in two awards to four whistleblowers and issued a statement taking issue with the regulator's policy of saying little to nothing about why the rewards are issued.

  • September 20, 2024

    Microsoft Accused Of Racial Bias By Ex-Diversity Professional

    A former Microsoft employee tasked with helping advance diversity and inclusion efforts has filed a discrimination suit in Washington state court accusing the tech giant of an "ongoing campaign of intimidation, discrimination, and retaliation" against its Black female employees.

  • September 20, 2024

    King & Spalding Fights Bias Suit Over Summer Program

    King & Spalding LLP is urging a Maryland federal judge to toss a discrimination suit filed by a straight white woman who says she was dissuaded from applying to a summer associate program open only to "diverse" applicants, arguing the student suffered no injury since she did not apply.

  • September 20, 2024

    Labor & Employment Trio From Calif. Firm Arrive At Buchalter

    Buchalter PC said Thursday that it has hired three attorneys from California firm Atkinson Andelson Loya Ruud & Romo, including a shareholder who will co-chair its wage and hour practice and chair its Private Attorneys General Act practice.

  • September 20, 2024

    Ellenoff Grossman Denied Arbitration In Ex-Atty's Firing Suit

    A New York federal judge has sent a former Ellenoff Grossman & Schole LLP associate's suit saying she was fired for protesting sexual harassment back to state court and denied the firm's motion to compel arbitration of the matter.

  • September 20, 2024

    Off The Bench: Favre Flops, Dolan Escapes, Betting Cos. Sued

    In this week's Off The Bench, retired quarterback Brett Favre can't revive a defamation suit against fellow NFL Hall of Famer Shannon Sharpe, New York Knicks owner James Dolan is spared from federal sex-trafficking claims, and two sports-betting giants face new suits over their use of MLB player images.

  • September 20, 2024

    Caddies Can Keep Their Unpaid Wages Suit On Course

    The bag fees caddies received from golfers were tips, not service charges, a New York federal judge ruled, denying a course operator's bid to toss the workers' suit claiming unpaid minimum wage and overtime under federal and state law.

  • September 20, 2024

    LA Sees Retired Police Lt.'s Military Leave Suit Trimmed

    A California federal judge threw out several claims in a retired police lieutenant's lawsuit alleging the city of Los Angeles denied sick time and promotions to police officers who took military leave, although the parties have taken issue with the scope of the judge's order.

  • September 19, 2024

    Ex-George Mason Law Prof Can't Stop Title IX Investigation

    A former George Mason University law professor can't stop the school or its Title IX coordinator from investigating sexual misconduct claims lodged against him, but he can pursue some of the claims in his suit over the university's handling of the sexual misconduct accusations, a Virginia federal judge ruled Thursday.

  • September 19, 2024

    Transit Union, Worker Reach $350K Deal To End OT Claim

    A Maryland federal court approved a $350,000 settlement between an Amalgamated Transit Union affiliate and a former union employee, resolving the worker's overtime claim under the Fair Labor Standards Act.

  • September 19, 2024

    6th Circ. Upholds NLRB's Severance Order Against Hospital

    The Sixth Circuit on Thursday affirmed a National Labor Relations Board decision that found a Michigan hospital violated federal labor law through its offer of severance agreements, but didn't weigh in on whether the board's precedent shift on pacts that include nondisparagement clauses should stand.

  • September 19, 2024

    NC Justice Dept. Resolves Atty's Sex, Race Bias Suit

    The North Carolina Department of Justice agreed to settle a Black attorney's lawsuit alleging she was passed over for promotion in favor of a less qualified white man, according to court filings, just weeks after a federal judge refused to toss the case.

  • September 19, 2024

    Boeing Beats Suit Over Workers' Love-Triangle Murder

    A Washington federal judge has again tossed a lawsuit against Boeing over a love triangle that led a Boeing employee to murder his coworker, dismissing the case for good because the killing did not occur during working hours or at the workplace.

  • 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.

  • 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.

  • 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. 

  • 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.

  • 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. 

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

Expert Analysis

  • Avoiding Corporate Political Activity Pitfalls This Election Year

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    As Election Day approaches, corporate counsel should be mindful of the complicated rules around companies engaging in political activities, including super PAC contributions, pay-to-play prohibitions and foreign agent restrictions, say attorneys at Covington.

  • Employer Arbitration Lessons From Calif. Consumer Ruling

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    Although a California state appeals court’s recent arbitration ruling in Mahram v. Kroger involved a consumer transaction, the finding that the arbitration agreement at issue did not apply to a third-party beneficiary could influence how employment arbitration agreements are interpreted, says Sander van der Heide at CDF Labor Law.

  • Why Attorneys Should Consider Community Leadership Roles

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    Volunteering and nonprofit board service are complementary to, but distinct from, traditional pro bono work, and taking on these community leadership roles can produce dividends for lawyers, their firms and the nonprofit causes they support, says Katie Beacham at Kilpatrick.

  • How NJ Temp Equal Pay Survived A Constitutional Challenge

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    The Third Circuit recently gave the New Jersey Temporary Workers' Bill of Rights a new lease on life by systematically dismantling multiple theories of the act's unconstitutionality brought by staffing agencies hoping to delay their new equal pay and benefits obligations, say attorneys at Duane Morris.

  • Firms Must Offer A Trifecta Of Services In Post-Chevron World

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    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.

  • 5 Tips To Succeed In A Master Of Laws Program And Beyond

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    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.

  • NYC Wage Info Bill Highlights Rise In Pay Transparency Laws

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    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.

  • When Trauma Colors Testimony: How To Help Witnesses

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    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.

  • Series

    Being An Opera Singer Made Me A Better Lawyer

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    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.

  • How Law Firms Can Avoid 'Collaboration Drag'

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    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.

  • Workday AI Bias Suit Suggests Hiring Lessons For Employers

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    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.

  • When The Supreme Court Gives You Lemons, Make Lemonade

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    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.

  • What BIPA Reform Law Means For Biometrics Litigation

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    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.

  • How Anti-DEI Bill Could Affect Employers' Diversity Efforts

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    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.

  • Opinion

    Proposed Law Would Harm NYC Hospitality Industry

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    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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