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Employment
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April 23, 2024
Nuclear Plant Contractor Inks $18.4M Deal To End FCA Claims
The U.S. Department of Justice announced Tuesday that Consolidated Nuclear Security LLC will pay $18.4 million to resolve allegations that it knowingly submitted false claims for time not worked at a nuclear weapons plant.
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April 23, 2024
Doctor Renews $20M Claim His Hospital Made Up 25 Murders
An Ohio physician accused of 25 counts of murder and found guilty of none just renewed his $20 million malicious-prosecution suit against Trinity Health Corp., the parent company of his former employer, claiming that the company misled prosecutors to get him indicted as a distraction from the internal issues of the hospital where he worked.
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April 23, 2024
Justices Probe NLRB's Burden In Starbucks' Injunction Appeal
The U.S. Supreme Court appears likely to hold that the courts' traditional factors apply when the National Labor Relations Board pursues injunctions, though it's unclear from Tuesday's argument how closely it will direct courts to examine a key factor: the strength of the board's case.
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April 23, 2024
Ex-Banker Says HSBC Can't Blame Wage Policy On Manager
A former HSBC Bank employee accusing the company of violating the federal wage and hour law by making employees work through lunch told a New York federal court the company's attorneys are trying to offload responsibility for their client's actions to a former manager.
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April 23, 2024
Judge Overturns Biz's H-2B Ban, Blaming 'Gaslighting' Atty
A U.S. Department of Labor administrative law judge overturned a decision to debar a Minnesota concessions stand company from the H-2B visa program over its failure to pay back wages and penalties, saying the small business's owner had only followed his attorney's advice — right into a legal disaster.
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April 23, 2024
Tesla's Risky Ride To Revive Musk's Multibillion-Dollar Pay
Tesla Inc. and its mercurial CEO Elon Musk are banking on a bold strategy to salvage his multibillion-dollar compensation plan, invoking a recently enacted corporate power to first patch Tesla's charter and then reincorporate in Texas, potentially triggering stockholder claims of fiduciary breaches and waste.
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April 23, 2024
Firefighters Want LA County's Early Win Bid Axed In Hotel Suit
Los Angeles County firefighters urged a California federal judge to deny the county's bid for an early win in their suit alleging they weren't paid for time they spent quarantined in hotels during the COVID-19 pandemic, saying the motion attempts to use the courts as a "pawn to escape liability."
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April 23, 2024
Migrant-Hiring Crimes And Tax Evasion Get Pair Prison, $1.8M Fine
A Florida federal judge has ordered two men to pay $1.8 million to the U.S. government and sentenced them to three years in prison after they confessed to recruiting migrants without employment authorization and failing to report workers' wages for tax purposes.
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April 23, 2024
Apple Settles Labor Fight Over COVID-19 Policy At Okla. Store
An Apple Store in Oklahoma City has agreed to restore the sick time of workers who took off for COVID-19 since last August, pursuant to a recently announced settlement of an unfair labor practice charge filed by the workers' union.
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April 23, 2024
La. Atty Asks Justices To Stay Frivolous Filing Fine
A Louisiana attorney is asking the U.S. Supreme Court to bail her out of a $29,000 penalty from a district judge for frivolous filings and claiming that she was poisoned in retaliation for claims against Louisiana State University's medical residency program.
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April 23, 2024
Ex-Public Defender Wants 4th Circ. To End Wait In Bias Suit
A former public defender suing the federal judiciary for allegedly failing to take her sexual harassment claims seriously asked the Fourth Circuit on Tuesday to force a federal judge's hand after more than four months without a ruling following a bench trial, saying a decision on her long-pending bid for a preliminary injunction is overdue.
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April 23, 2024
6th Circ. Backs Dykema's Win In Ex-Secretary's Age Bias Suit
The Sixth Circuit won't reinstate a former Dykema legal secretary's age discrimination case, saying Tuesday she failed to show that her supervisor — whom she accused of giving her adult diapers for her 50th birthday and frequently asking her if she planned to retire — had anything to do with her firing.
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April 23, 2024
Lin Wood Seeks Defamation Suit Pause Amid Insurance Spat
Counsel for disbarred attorney Lin Wood has asked a Georgia federal judge to halt a defamation suit brought by Wood's former colleagues while a spat over his legal insurance plays out in the Georgia court system.
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April 23, 2024
FTC Bars Employers From Imposing Noncompete Contracts
The Federal Trade Commission voted 3-2 on Tuesday to ban essentially all noncompete agreements that employers frequently impose on workers, leaving an earlier draft of the ban mostly unchanged other than to allow existing noncompete agreements with senior executives to remain while banning future ones for top corporate officials.
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April 23, 2024
Feds Want About 3 Years In Prison For LA Bank Embezzler
The former chief financial officer at a community bank in Los Angeles should spend nearly three years in prison after admitting he embezzled more than $700,000 and used employee identities in a life insurance scheme, the government told a California federal court.
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April 23, 2024
DOL Unveils Final OT Rule That Raises Salary Limits
The U.S. Department of Labor on Tuesday released its long-awaited final rule raising the salary thresholds for overtime exemptions, solidifying aspects of a proposal that faced opposition from Republicans and business groups.
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April 23, 2024
King & Spalding Adds Kirkland Employment Partner In DC
King & Spalding LLP is boosting its global employment practice with the addition of a Kirkland & Ellis LLP partner who will be part of her new firm's Washington, D.C., office.
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April 22, 2024
Ex-Twitter Workers Can't Arbitrate Until Class Cert. Resolved
A proposed class of former employees of Twitter, now known as X, cannot yet force the company to move forward with their various employment claims in arbitration, a California federal judge determined Monday, saying the issue of class certification needs to be decided first.
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April 22, 2024
Kansas Gov. Signs Earned Wage Access License Bill Into Law
Kansas has become the fourth state to approve new laws governing so-called earned wage access products, joining Nevada, Missouri and Wisconsin in regulating services for workers seeking cash advances.
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April 22, 2024
Axl Rose Wants Model's 'Salacious' Sex Assault Suit Axed
Guns N' Roses lead singer Axl Rose has asked a New York state court to throw out a former Penthouse model's civil suit claiming he sexually assaulted her in a hotel in the late 1980s, arguing that the interaction was consensual and calling the claim "salacious, inflammatory and false."
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April 22, 2024
J&J Fired Worker For Old Case Against New Boss, Suit Claims
A former senior medical affairs director for Johnson & Johnson's research unit sued the company on Friday in New Jersey state court, alleging she was fired in retaliation for a separate lawsuit filed years earlier in which she named a boss from her prior employer who had recently joined Johnson & Johnson.
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April 22, 2024
Amazon Illegally Gathered Workers' Face Scans, Suit Says
Amazon.com Services faces a proposed class action filed Monday in Illinois federal court accusing the retail giant of gathering employees' facial geometry scans and sharing them with various third parties without first receiving the employees' written consent in violation of the Illinois Biometric Privacy Act.
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April 22, 2024
NC Justice Dept. Seeks Early Win In Promotion Bias Suit
The North Carolina Department of Justice urged a federal court to take its side in an attorney's lawsuit alleging she faced discrimination at the agency for being a Black woman, arguing that the white man who got the job for which she'd interviewed was the most qualified candidate.
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April 22, 2024
Court Tosses Shipbuilders No-Poach Case As Untimely
A Virginia federal court found that a pair of warship designers haven't shown that major shipbuilders for the U.S. military, including General Dynamics and Huntington Ingalls Industries, concealed a "gentlemen's agreement" to not poach workers from one another.
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April 22, 2024
Uber Can't Ditch All Drivers' Pay Claims, Ill. Judge Says
Three Uber drivers claiming they're unlawfully classified as independent contractors and therefore paid illegally must arbitrate those proposed collective claims, but one driver who fought the issue in a previous case can pursue his claim in court, an Illinois federal judge said Monday.
Expert Analysis
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The 7th Circ.'s Top 10 Civil Opinions Of 2023
Attorneys at Jenner & Block examine the most significant decisions issued by the Seventh Circuit in 2023, and explain how they may affect issues related to antitrust, constitutional law, federal jurisdiction and more.
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Employee Experience Strategy Can Boost Law Firm Success
Amid continuing business uncertainty, law firms should consider adopting a holistic employee experience strategy — prioritizing consistency, targeting signature moments and leveraging measurement tools — to maximize productivity and profitability, says Haley Revel at Calibrate Consulting.
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Series
Competing In Triathlons Makes Me A Better Lawyer
While practicing law and competing in long-distance triathlons can make work and life feel unbalanced at times, participating in the sport has revealed important lessons about versatility, self-care and perseverance that apply to the office as much as they do the racecourse, says Laura Heusel at Butler Snow.
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Series
In Focus At The EEOC: Preserving Legal System Access
The track records of and public commentary from U.S. Equal Employment Opportunity Commission leaders — including two recently confirmed Democratic appointees — can provide insight into how the agency may approach access to justice priorities, as identified in its latest strategic enforcement plan, says Aniko Schwarcz at Cohen Milstein.
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Mitigating Compliance And Litigation Risks Of Evolving Tech
Amid artificial intelligence and other technological advances, companies must prepare for the associated risks, including a growing suite of privacy regulations, enterprising class action theories and consumer protection challenges, and proliferating disclosure obligations, say attorneys at Eversheds Sutherland.
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Where Justices Stand On Chevron Doctrine Post-Argument
Following recent oral argument at the U.S. Supreme Court, at least four justices appear to be in favor of overturning the long-standing Chevron deference, and three justices seem ready to uphold it, which means the ultimate decision may rest on Chief Justice John Roberts' vote, say Wayne D'Angelo and Zachary Lee at Kelley Drye.
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Calif. High Court Ruling Outlines Limits On PAGA Actions
While the California Supreme Court’s ruling last week in Estrada v. Royalty Carpet Mills held that courts cannot dismiss Private Attorneys General Act claims on manageability grounds, the opinion also details how claims can be narrowed, providing a road map for defendants facing complex actions, say attorneys at Gibson Dunn.
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Perspectives
6 Practice Pointers For Pro Bono Immigration Practice
An attorney taking on their first pro bono immigration matter may find the law and procedures beguiling, but understanding key deadlines, the significance of individual immigration judges' rules and specialized aspects of the practice can help avoid common missteps, says Steven Malm at Haynes Boone.
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Lessons From Country Singer's Personal Service Saga
Recent reports that country singer Luke Combs won a judgment against a Florida woman who didn’t receive notice of the counterfeit suit against her should serve as a reminder for attorneys on best practices for effectuating service by electronic means, say attorneys at Jenner & Block.
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NY Pay Frequency Cases May Soon Be A Thing Of The Past
Two recent developments in New York state have unfurled to suggest that the high tide of frequency-of-pay lawsuits may soon recede, giving employers the upper hand when defending against threatened or pending claims, say attorneys at Reed Smith.
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Trends That Will Shape The Construction Industry In 2024
Though the outlook for the construction industry is mixed, it is clear that 2024 will bring evolving changes aimed at building projects more safely and efficiently under difficult circumstances, and stakeholders would be wise to prepare for the challenges and opportunities these trends will bring, say Josephine Bahn and Jeffery Mullen at Cozen O'Connor.
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A Focused Statement Can Ease Employment Mediation
Given the widespread use of mediation in employment cases, attorneys should take steps to craft mediation statements that efficiently assist the mediator by focusing on key issues, strengths and weaknesses of a claim, which can flag key disputes and barriers to a settlement, says Darren Rumack at Klein & Cardali.
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How To Start Applying DOL's Independent Contractor Test
Last week, the U.S. Department of Labor finalized a worker classification rule that helpfully includes multiple factors that employers can leverage to systematically evaluate the economic realities of working relationships, says Elizabeth Arnold and Samantha Stelman at Berkeley Research Group.
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3 Areas Of Focus In Congressional Crosshairs This Year
Companies must prepare for Congress to build on its 2023 oversight priorities this year, continuing its vigorous inquiries into Chinese company-related investments, workplace safety and labor relations issues, and generative artificial intelligence, say attorneys at Morgan Lewis.
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Vaccine Accommodation Suits Show Risk Of Blanket Policies
A recent federal class action alleging Tyson Foods inappropriately applied a one-size-fits-all response to Arkansas employees seeking religious COVID-19 vaccine exemptions, with similar suits going back to 2022, should remind employers to individually consider every worker request for a religious accommodation, say Christopher Pardo and Elizabeth Sherwood at Hunton.