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Employment
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April 17, 2024
Tesla To Vote On Reviving Musk's $55B Pay, Moving To Texas
Attorneys for Tesla Inc. notified Delaware's chancellor Wednesday that the company will seek stockholder approval June 13 for the same $55.8 billion Elon Musk compensation plan voided by Chancery Court on Jan. 30, along with reincorporation of Tesla as a Texas company.
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April 17, 2024
IBM Privacy Head Says AI Needs Transparency To Be Trusted
To combat artificial intelligence-generated deepfakes, disinformation and bias requires transparent, open-sourced AI models and swift regulations that protect elections, creators and the public, says IBM's Chief Privacy & Trust Officer Christina Montgomery.
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April 17, 2024
Fisher Phillips Adds Longtime Littler Atty In Ohio
A longtime Littler Mendelson PC attorney has joined international labor and employment firm Fisher Phillips as a partner in its Cleveland office.
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April 17, 2024
Justices Ease Pathway For Title VII Suits Over Job Transfers
The U.S. Supreme Court ruled Wednesday that Title VII of the Civil Rights Act prohibits discriminatory job transfers even if they don't come with significant harm, a declaration that clears the way for more workplace bias suits to move ahead.
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April 16, 2024
Al Roker Fired Producer For Supporting DEI Policy, Suit Says
Television producer William Schultz has sued Al Roker and his production company in New York federal court, alleging that he was wrongfully fired from the show "Weather Hunters" after voicing support for an initiative to bring minority writers onto the PBS children's show.
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April 16, 2024
Caitlin Clark's WNBA Leap Set To Pay Off, Lift Women's Sports
Although the first-year WNBA salary of Caitlin Clark will be relatively meager, she is in no financial straits because of dramatic changes to the laws and rules governing college athletes' ability to earn money in recent years, and experts say Clark's ascension is lifting up all of women's sports.
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April 16, 2024
Russell Simmons Says Rape Accuser Already Settled In 1997
A lawyer for hip-hop mogul and Def Jam Recordings co-founder Russell Simmons told a Manhattan federal judge Tuesday that a 1997 settlement agreement and release bars a former label executive from pursuing her rape claims in court.
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April 16, 2024
Staffing Co. Drops Contract Fight With Panthers Stadium
The Carolina Panthers' stadium operator and the event staffing company that accused it of wrongly pulling back from an arrangement the parties had made to staff the National Football League team's home games came together Tuesday to drop their dispute from North Carolina federal court.
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April 16, 2024
BIPA Judge Laments Blown Discovery Deadlines — Again
An Illinois federal judge on Monday scolded Union Pacific and the truck drivers suing it over alleged biometric privacy violations for missing a sixth discovery deadline, saying the results of multiple discovery extensions he's allowed over five years of litigation have been "disappointing, to say the least."
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April 16, 2024
6th Circ. Won't Rehear White Ex-Kroger Manager's Bias Case
A former manager for Kroger will not get to argue his claims he was fired because he is a white man before the full Sixth Circuit, according to a new order, letting stand the appellate court's decision to dismiss the former manager's claims.
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April 16, 2024
Pot Transport Co. Can't Escape Overtime Suit
A company specializing in secure transport of marijuana products didn't show that its drivers engage in interstate commerce and therefore can't escape a driver's misclassification suit seeking unpaid overtime, a Michigan federal judge has ruled.
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April 16, 2024
DraftKings Workers Say Ex-Boss Tried To Lure Them To Rival
Two DraftKings higher-ups testified Tuesday that their former boss had tried to lure them to join rival sportsbook Fanatics with multimillion-dollar compensation offers, contradicting their former supervisor's claim that he never attempted to get his top lieutenants to help him set up a new office for Fanatics in Los Angeles.
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April 16, 2024
FTC To Unveil, Vote On Final Noncompetes Ban April 23
The Federal Trade Commission gave a one-week heads up Tuesday of its impending unveiling of — and vote on — the final version of a rule that would ban essentially all noncompete agreements employers impose on their workers.
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April 16, 2024
Builder Ends EEOC Suit Accusing It Of Firing White Worker
A manufactured-home builder will pay $135,000 to end a U.S. Equal Employment Opportunity Commission lawsuit accusing it of firing a white worker because he has a multiracial family and refused to take part in conversations belittling Black people, the agency said Tuesday.
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April 16, 2024
NJ Hospital GC Emails Doom $24M Verdict For Surgeons
The New Jersey Supreme Court on Tuesday vacated a $24.3 million award to a group of neurosurgeons on their claim that a hospital didn't operate in good faith, finding the trial court's admission of emails from the hospital's general counsel and remarks made during closing arguments deprived the hospital of a fair trial.
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April 16, 2024
Meet The Atty For An Ex-Union Leader Facing His 3rd Trial
The only thing standing between ex-Philly union leader John Dougherty and a third conviction is attorney Greg Pagano, and he feels confident going into the next trial that things will be different.
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April 16, 2024
Sheppard Mullin Adds Attys From Greenberg Traurig, Loeb & Loeb
Sheppard Mullin Richter & Hampton LLP has hired a labor and employment attorney in Houston from Greenberg Traurig LLP and an entertainment attorney in New York from Loeb & Loeb LLP, Sheppard Mullin announced Tuesday.
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April 16, 2024
Seyfarth Lands 3 Morgan Lewis Employment Pros In Calif.
A trio of labor and employment attorneys have moved from Morgan Lewis & Bockius LLP to Seyfarth Shaw LLP in California, the firm said Tuesday.
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April 16, 2024
5th Circ. Won't Disturb County Win In Officers' Retaliation Suit
The Fifth Circuit declined to reinstate constitutional claims from officers who said a constable punished them for not supporting his reelection campaign, upholding a finding that a Texas county can't be held liable for his actions.
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April 16, 2024
Arbitration Pacts Leave Domino's Wage Suit Plaintiff-Less
An expense reimbursement dispute against Domino's can't go forward because it will be without a named plaintiff, as the four drivers who were supposed to step in are all bound by arbitration agreements, a Michigan federal judge ruled Tuesday.
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April 16, 2024
DOL Finalizes Rule To Curb Miners' Exposure To Silica Dust
A U.S. Department of Labor agency released final regulations Tuesday that tighten limits on miners' exposure to workplace silica dust, a toxic substance that increases the risk of death and chronic health conditions.
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April 15, 2024
Resistance To Patent Licenses Drives More Suits, Execs Say
Companies that generate revenue from patents are seeing less willingness to negotiate in recent years among businesses they approach about potential licenses, requiring more litigation in order to reach agreements, executives from IBM, InterDigital and others said Monday.
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April 15, 2024
McDonald's, Workers Battle Over Future Of No-Poach Case
Workers suing McDonald's over its past use of no-poach provisions in franchise agreements have told an Illinois federal court the fast food chain is trying to slow down the case after the U.S. Supreme Court declined to take up its appeal.
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April 15, 2024
Conn. Court Should Allow Award For PTSD Firing, Agency Says
Connecticut's state human rights watchdog has urged a state court to uphold a $62,000 award in favor of a Charter Communications worker who says she was fired because she had post-traumatic stress disorder, arguing that the decision followed sound legal principles and the judicial branch should defer to the agency's ruling.
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April 15, 2024
Tesla Workers' Atty Rips Claim Of Influence Over State Agency
Counsel representing a putative class of roughly 6,000 Black Tesla workers alleging the automaker has allowed racism to run rampant at its California factory fired back during a class certification hearing Monday, calling Tesla's suggestion that plaintiffs counsel are driving the state's civil-rights litigation "beyond preposterous."
Expert Analysis
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How Int'l Student-Athlete Law Would Change The NIL Game
Recently proposed legislation to allow international student-athletes the opportunity to profit from their name, image and likeness without violating their F-1 nonimmigrant student visa status represents a pivotal step in NIL policy, and universities must assess and adapt their approaches to accommodate unique immigration concerns, say attorneys at Phelps Dunbar.
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10 Steps To Reduce Risks From AI Employment Tools
In light of the White House’s recent executive order on responsible use of artificial intelligence, companies using AI tools to make employment decisions should take steps to understand and mitigate the legal risks posed by these products and keep up with the rapidly evolving regulations that govern them, say attorneys at Cooley.
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Series
Children's Book Writing Makes Me A Better Lawyer
Becoming a children's book author has opened doors to incredible new experiences of which I barely dared to dream, but the process has also changed my life by serving as a reminder that strong writing, networking and public speaking skills are hugely beneficial to a legal career, says Shaunna Bailey at Sheppard Mullin.
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What Employers Can Learn From EEOC's 2023 ADA Priorities
Between a spike in Americans with Disabilities Act suits filed by the Equal Employment Opportunity Commission in 2023 and the agency’s newly released priorities, the EEOC has provided employers a preview of several ADA issues — like web accessibility, pregnancy discrimination and inflexible policies — it will likely focus enforcement on next year, says Stacy Bunck at Ogletree.
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Hoopers In NCAA Suit Respark Eligibility Framework Debate
A decision by two brothers involved in a recent antitrust lawsuit against the NCAA — to play college basketball rather than go professional after graduating from the Overtime Elite league — has aimed the spotlight on what exactly the NCAA deems permissible compensation under its current framework, say Brady Foster and Dan Lust at Moritt Hock.
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Practical Insights For Employers Using AI
Keeping up with the relentless pace and evolution of regulatory and legislative artificial intelligence in 2023 has been a challenge for employers, but there are four takeaways employers using AI in the workplace should consider by looking toward developments like the European Union's AI Act and President Joe Biden's AI executive order, say attorneys at Gibson Dunn.
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Lessons From DOJ's Wave Of Labor Market Prosecutions
Attorneys at Patterson Belknap consider lessons learned and future meaningful challenges following the U.S. Department of Justice's first six criminal antitrust cases targeting employee no-poach and wage-fixing agreements, in which just one case resulted in a guilty plea.
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Starbucks Raise Ruling Highlights Labor Law Catch-22
A National Labor Relations Board judge recently ruled that Starbucks violated federal labor law when it gave raises to nonunion employees only, demonstrating that conflicts present in workforces with both union and nonunion employees can put employers in no-win situations if they don't consider how their actions will be interpreted, say attorneys at Duane Morris.
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5 Steps For Healthcare Companies After Biden's AI Order
Rather than simply monitoring for the issuance of agency guidelines on artificial intelligence in the wake of President Joe Biden's October executive order, health and life sciences companies should take action now and begin building internal operational and technical infrastructures designed to govern the use of AI, says Joy Sharp at Faegre Drinker.
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Del. Ruling Shows Tension Between 363 Sale And Labor Law
The Delaware federal court's ruling in the Braeburn Alloy Steel case highlights the often overlooked collision between an unstayed order authorizing an asset sale free and clear of successor liability under Section 363 of the Bankruptcy Code and federal labor law imposing successor liability on the buyer, say attorneys at Proskauer.
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How Clients May Use AI To Monitor Attorneys
Excerpt from Practical Guidance
Artificial intelligence tools will increasingly enable clients to monitor and evaluate their counsel’s activities, so attorneys must clearly define the terms of engagement and likewise take advantage of the efficiencies offered by AI, says Ronald Levine at Herrick Feinstein.
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A New Wave of Guidance For Safer Seas Act Compliance
Since Congress passed the Safer Seas Act, its ambiguous requirements have left stakeholders unsure how to fulfill the law's goals of making U.S.-flagged vessels safer for crews and passengers — but recent guidance from the U.S. Coast Guard should help owners and operators achieve compliance, say attorneys at Holland & Knight.
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Navigating Issues Around NY Freelancer Pay Protection Bill
New York’s recently signed Freelance Isn’t Free Act was designed to protect freelance workers, but leaves business to navigate challenges such as unclear coverage, vague contract terms and potentially crushing penalties, says Richard Reibstein at Locke Lord.
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How AI Executive Order Aims To Compete For Foreign Talent
Immigration provisions within the Biden administration's executive order on artificial intelligence take a strategic approach to promoting the U.S. as a destination for AI and STEM talent by streamlining visa processing, enhancing educational and exchange programs, and improving current visa programs and pathways to permanent residency, says Eric Bord at Morgan Lewis.
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Series
The Pop Culture Docket: Judge D'Emic On Moby Grape
The 1968 Moby Grape song "Murder in My Heart for the Judge" tells the tale of a fictional defendant treated with scorn by the judge, illustrating how much the legal system has evolved in the past 50 years, largely due to problem-solving courts and the principles of procedural justice, says Kings County Supreme Court Administrative Judge Matthew D'Emic.