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Employment
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April 05, 2024
Reger Rizzo Hit With Race, Gender Bias Suit By Ex-Employee
Reger Rizzo & Darnall LLP has been sued in Pennsylvania federal court by a former firm legal assistant alleging racial and sex discrimination, and claiming that a hostile, harassing and retaliatory work environment caused her to leave her job.
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April 05, 2024
Off The Bench: ACC Drama, Football Firing Suits Intensify
In this week's Off The Bench, Florida State University cannot escape an ACC lawsuit that may enforce a nine-figure penalty against the school if it should leave the conference, while both Northwestern University and the Arizona Cardinals face more legal headaches over their decisions to fire key personnel.
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April 05, 2024
NC High Court Snapshot: Law Firm Battles Defamation Suit
The Supreme Court of North Carolina has a stacked calendar heading into spring arguments, from an appeal over Black-owned properties targeted for demolition to a law firm's attempt at dodging defamation claims over allegations of voter fraud.
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April 05, 2024
Schneider National Forced Disabled Vet Off Job, Suit Says
A former office worker for trucking company Schneider National Carriers Inc. says in a lawsuit filed Thursday in Massachusetts state court that the company changed his job description to include a daily yard check that he was unable to perform due to service-related disabilities, failed to provide a reasonable accommodation and then fired him.
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April 05, 2024
Wisconsin Bar Tweaks Diversity Definition Amid Bias Suit
The State Bar of Wisconsin has erased a legal challenge related to its diversity clerkship program following a revision of its definition of diversity, though the federal case will continue over dues collections.
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April 05, 2024
Buchanan Ingersoll Adds Seyfarth Benefits Pro In NYC
Buchanan Ingersoll & Rooney PC announced the addition of a shareholder in the labor and employment practice of its New York City office from Seyfarth Shaw LLP who has extensive experience in employee benefits and executive compensation, as well as advanced academic expertise in energy and tax law.
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April 05, 2024
Calif. Cannabis Delivery Workers Vote To Authorize Strike
California cannabis delivery company Eaze Technologies and its subsidiary Stachs LLC face a possible work stoppage just ahead of the April 20 weekend, after the union representing drivers announced they have rejected the companies' contract proposal and secured strike authorization from its members.
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April 05, 2024
Firefighters Union's Finance Firm Can't Spike Whistleblower Claim
A finance firm set up for the nation's largest firefighters' union can't escape a whistleblower retaliation claim from the investment adviser it fired after he reported concerns to the U.S. Securities and Exchange Commission, a Boston federal judge has ruled.
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April 05, 2024
11th Circ. Backs Auto Co.'s Win In Disability Bias Suit
The Eleventh Circuit has refused to reinstate a worker's suit accusing an auto parts manufacturer of firing him because of his gastrointestinal issues, saying he couldn't rebut the company's argument that he was fired for falling asleep at work.
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April 05, 2024
Atlanta Braves Accused Of Denying Hire Over Deafness
The Atlanta Braves were hit with an Americans with Disabilities Act lawsuit Thursday alleging the team turned down an IT director candidate because it was reluctant to accommodate his deafness.
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April 05, 2024
Barnes & Thornburg Adds Labor, Biz Immigration Pro
Barnes & Thornburg LLP has hired an employment partner from Dorsey & Whitney LLP with 20 years of experience navigating companies through labor, employment and immigration matters.
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April 04, 2024
Stanford Lecturer Says Mideast War Talk Got Him Suspended
A Black Muslim Stanford University lecturer said the school refused to renew his contract after he discussed the Israel-Hamas war in class and had students take part in a profiling and policing simulation, despite him being cleared of wrongdoing.
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April 04, 2024
Athletes Say NCAA's Own Actions Prove NIL Rules No Good
Athletes suing the NCAA over restrictions on the use of their names, images and likenesses are seeking summary judgment, arguing the practice dampens competition with no legitimate justification and that the organization's own actions have shown that to be true.
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April 04, 2024
Ex-Ariz. Cardinals VP Sues Team After $3M Arbitration Award
A former vice president with the Arizona Cardinals and two family members have filed a defamation suit in Arizona state court against the NFL team, its owner and the public relations company and law firm they retained, following the ex-VP's $3 million award in a defamation grievance against them with the league.
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April 04, 2024
Amazon Union Leaders Accused Of Blowing Up Election Deal
An attorney for Amazon union reformers seeking to force officer elections slammed the current leadership Thursday for trying to blow up their New York federal court deal to hold a vote this summer, calling "absurd" a new argument that the deal disenfranchises members.
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April 04, 2024
Domino's Franchise Shorted Mileage, Pa. Delivery Driver Says
The owners of a group of Domino's Pizza franchises have been hit with a putative collective action in Pennsylvania federal court from an ex-delivery driver claiming drivers at their stores are paid less than minimum wage because of their "flawed" policy of reimbursing mileage expenses.
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April 04, 2024
Utility Worker Says Colo. Meter Co. Failed To Pay OT
A Colorado meter servicing company owes utility locators wages for work they were required to perform before arriving at their work sites and after leaving them, a former worker alleged in a proposed class action filed in state court, saying workers did not receive overtime.
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April 04, 2024
Nurses Want To Merge DaVita Wage Suits Over Unpaid Breaks
Workers suing kidney care giant DaVita Inc. have asked a Colorado federal judge to consolidate two similar collective actions alleging they were denied wages for work performed during meal and rest breaks, saying overlap between the cases is "inevitable."
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April 04, 2024
Feds Seek 63-Month Term For $8.6M Embezzlement Scheme
Federal prosecutors asked a Georgia judge Thursday to hand down a 63-month prison term for a woman who was caught stealing more than $8.6 million from her employer, a scheme the government called "one of the most egregious employer embezzlement cases in recent memory."
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April 04, 2024
GRSM50 Accused Of Letting Detroit Hotel Hide Evidence
Former workers at an upscale Detroit hotel suing over their firings urged a Michigan federal judge on Wednesday to sanction the club and disqualify its attorneys at Gordon Rees Scully Mansukhani LLP, alleging it is likely they helped withhold documents and try to intimidate witnesses.
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April 04, 2024
Pierson Ferdinand Brings On Morgan Lewis Litigator In Philly
Newly formed Pierson Ferdinand LLP has added a high-stakes employment litigator to its Philadelphia office from Morgan Lewis & Bockius LLP.
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April 04, 2024
'Real Housewives' Assault Case Legally Deficient, Court Told
Bravo, NBCUniversal and Warner Bros. have asked a Manhattan judge to toss a suit brought by a former "Real Housewives" cast member who claimed she was sexually assaulted while filming in Morocco, arguing her claims were filed in the wrong jurisdiction and past a one-year statute of limitations.
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April 04, 2024
Full 9th Circ. Won't Review PAGA Ruling In Lowe's Suit
The full Ninth Circuit won't review a panel's decision ruling that a Lowe's worker's nonindividual claims under California's Private Attorneys General Act could stay in court while her individual claims go into arbitration, denying the company's bid to step in.
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April 04, 2024
Exec Says Disney Filmmaker Fired Her For Bias Complaints
A filmmaker for ABC and Disney repeatedly ignored a multiracial development director's complaints that she was underpaid and eventually fired her for speaking up about bias and harassment she faced on the job, she said in a suit in California state court.
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April 03, 2024
SEC Disclosures Show Public Cos. Backing DEI, Study Finds
Public companies overwhelmingly prioritized diversity, equity and inclusion principles in their mandatory workforce disclosures to the U.S. Securities and Exchange Commission in 2023 despite a flurry of litigation and legislative proposals aimed at deterring those initiatives in the corporate world, a study from Seyfarth Shaw LLP attorneys found.
Expert Analysis
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Lessons Learned From 2023's Top ADA Decisions
This year saw the courts delving into the complexities of employee accommodations under the Americans with Disabilities Act in the post-pandemic workplace, going beyond bright-line rules with fact-intensive inquiries that are likely to create uncertainty for employers, says Linda Dwoskin at Dechert.
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The Key Laws Retailers Should Pay Attention To In 2024
2024 promises to be another transformative year for retailers as they navigate the evolving regulatory landscape, particularly surrounding data privacy and sustainability laws, meaning companies should make it a practice to keep track of new legislation and invest in compliance efforts early on, say attorneys at Benesch.
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Cos. Should Be On Guard After Boom In Unfair Labor Claims
The National Labor Relations Board's recent expansion of protected activity and imposition of case-by-case policies led to a historic boom in unfair labor practice charges in 2023, so companies should prepare for labor complaints to increase in 2024 by conducting risk assessments and implementing compliance plans, say Daniel Schudroff and Lorien Schoenstedt at Jackson Lewis.
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3 Developments That Will Affect Hospitality Companies In 2024
As the hospitality industry continues its post-pandemic recovery, it faces both challenges and opportunities to thrive in 2024, including navigating new labor rules, developing branded residential living spaces and cautiously embracing artificial intelligence, says Lauren Stewart at Sheppard Mullin.
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What's Ahead For Immigrant Employee Rights Enforcement
The U.S. Department of Justice’s increased enforcement related to immigration-based employment discrimination is coupled with pending constitutional challenges to administrative tribunals, suggesting employers should leverage those headwinds when facing investigations or class action-style litigation, say attorneys at Jones Day.
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How Attorneys Can Be More Efficient This Holiday Season
Attorneys should consider a few key tips to speed up their work during the holidays so they can join the festivities — from streamlining the document review process to creating similar folder structures, says Bennett Rawicki at Hilgers Graben.
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Top 10 Whistleblowing And Retaliation Events Of 2023
The U.S. Securities and Exchange Commission and federal and state courts made 2023 another groundbreaking year for whistleblower litigation and retaliation developments, including the SEC’s massive whistleblower awards, which are likely to continue into 2024 and further incentivize individuals to submit tips, say attorneys at Proskauer.
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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.