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Employment
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May 07, 2024
Sidley Brings On Wilson Sonsini Employment Pro In Palo Alto
Sidley Austin LLP has boosted its labor and employment practice with a partner joining from Wilson Sonsini Goodrich & Rosati PC who boasts more than a decade of experience handling employment-related matters in Silicon Valley.
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May 06, 2024
Ikea Sanctioned For Deleting Emails In Age Bias Suit
A Pennsylvania federal judge on Monday sanctioned Ikea for deleting four email accounts it had a duty to preserve in a proposed collective action alleging the furniture retailer discriminated based on age, saying Ikea was grossly negligent, the plaintiffs were prejudiced and the retailers' subsequent "strategy of delay and obfuscation" was "offensive."
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May 06, 2024
Judge Weighs Discovery Need On McD's No-Poach Standard
No-poach antitrust litigation against McDonald's is getting back underway in Illinois federal court following the U.S. Supreme Court's refusal of the fast food giant's appeal, spurring the district court judge to consider whether more discovery might be needed to determine the appropriate standard that will govern the case.
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May 06, 2024
Ex-JetBlue Attendant Can't Have Neurological Exam Recorded
A New York federal judge said Monday that a former flight attendant for JetBlue Airways Corp. who said she suffered brain injuries from being exposed to toxic fumes can't have a neurological examination recorded, saying she hadn't established special conditions that would warrant it.
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May 06, 2024
Pet Food Co. Hill's Sues Exec In Del. To Block Freshpet Job
Hill's Pet Nutrition Inc. asked Delaware's Court of Chancery on Monday to bar its former U.S president from taking a position with smaller industry competitor Freshpet Inc., saying the hiring was imminent and urging fast-track proceedings to block the move.
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May 06, 2024
Bridgewater Fights To Keep Bias Claims Under Wraps
Connecticut asset management firm Bridgewater Associates LP fought Friday to keep dispute with two terminated employees over alleged discrimination in arbitration, saying the Federal Arbitration Act bans its ex-workers from using state court procedures contrary to private dispute resolution agreements, and from airing grievances in public.
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May 06, 2024
Employer's Good Faith Axes Paystub Fine, Calif. Justices Rule
The California Supreme Court on Monday held that if an employer had a good faith belief it was providing complete and accurate wage statements to its employees, it has not knowingly and intentionally violated state labor law, meaning workers cannot recover civil penalties offered for intentional violations of wage statement requirements.
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May 06, 2024
5th Circ. Revives Airline Workers' Hearing-Loss Suit
A pair of flight attendants seeking to hold Boeing liable over hearing loss they suffered due to an aircraft's allegedly faulty smoke alarm have successfully convinced a Fifth Circuit panel to allow them to refile their case, bringing their claims back from the brink almost three years after the appeals court tossed them.
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May 06, 2024
7th Circ. Backs Ford In Black Ex-Plumber's Bias Suit
The Seventh Circuit on Monday upheld Ford Motor Co.'s defeat of a former plumber's lawsuit alleging she was punished for reporting she'd been treated harshly by her supervisor because she's a Black Muslim woman, finding nothing wrong with a lower court tossing the case.
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May 06, 2024
9th Circ. Hints Walmart Can't Avoid Jury In Disability Bias Suit
A Ninth Circuit panel indicated Monday that it doubted Walmart Inc. was being honest when it told a vision-impaired employee seeking to come back from a leave of absence that no jobs were available, with one judge suggesting a jury should decide if the retail giant lied to the worker.
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May 06, 2024
Home Builder Beats NC Trade Secrets Suit
The North Carolina's business court scrapped an interior designer's claims that a competitor stole cabinetry designs and customer information when it hired a former employee, sparing only an accusation that the ex-worker embezzled money.
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May 06, 2024
Workday Defeats In-House Atty's Bias Suit, For Now
A California magistrate judge on Monday dismissed, for now, a lawsuit by a Workday Inc. in-house attorney who accused the company of discriminatory and retaliatory behavior, which included pay inequities and calling the police to conduct an unnecessary wellness check at his house when he was hospitalized.
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May 06, 2024
Chicago To Pay $6M To End Water Workers' Race Bias Suits
The city of Chicago will pay nearly $6 million to end several lawsuits accusing its water management department of allowing racism to go unchecked and subjecting Black employees to harsher discipline than white workers, counsel for the workers said Monday.
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May 06, 2024
Judge Questions Reason For Removing Chem Co. Wage Class
A Pennsylvania federal judge joined chemical company workers Monday in questioning whether the company had plausibly alleged that there were enough people in a proposed class to remove their wage suit from state court.
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May 06, 2024
NJ Justices Erase Gov't Workplace Probe Confidentiality Rule
The New Jersey Supreme Court on Monday struck down part of a state statute that directs investigators to request, but not require, confidentiality in discrimination or harassment investigations involving state workers, ruling the provision still reached too far and chilled protected speech.
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May 06, 2024
Mass. Justices Wary Of Spiking Uber, Lyft Ballot Questions
Justices on Massachusetts' highest court appeared unlikely Monday to strike down ballot proposals to reinvent app-based drivers' relationships with Uber, Lyft and the like, commenting that the scattershot ideas for voters in March all carry the underlying theme of creating a carveout from the state's worker-friendly employee classification law.
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May 06, 2024
Ex-Worker Sues Fla. Krispy Kreme Over Transgender Status
A former employee at a corporate-owned Krispy Kreme restaurant in Miami has sued the company in Florida state court on allegations of sex and gender discrimination, saying that a manager fired her after learning about her transgender status.
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May 06, 2024
Chamber's Noncompete Challenge On Hold For Earlier Case
A Texas federal court has paused the U.S. Chamber of Commerce's case challenging the Federal Trade Commission's pending ban on noncompetes and encouraged the group to join a case filed a day earlier by tax services and software company Ryan LLC.
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May 06, 2024
Colo. High Court Sanctions Ex-Judge Who Harassed Staff
The Colorado Supreme Court on Monday formally censured a former state judge who sought out relationships with court staff and tried to get another judge to expedite his father's probate case, finding the judge "repeatedly abused his power for self-gain," and ordered him to pay $51,000 in sanctions.
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May 06, 2024
Blaze Media Must Show Docs In Harassment Suit, Judge Says
A Texas federal judge ordered Blaze Media to cough up documents relating to a former commentator accused of sexual harassment, finding that the conservative media company didn't do enough to show that the discovery requests were overly broad and concerned confidential information.
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May 06, 2024
Margolis Edelstein Wants Redo Of Malpractice Ruling In Del.
Margolis Edelstein wants the Delaware Supreme Court to reconsider its decision reviving an insurer's malpractice suit claiming its incompetence caused the insurer to have to settle a case for $1.2 million, and is asking the full court to rehear the matter.
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May 06, 2024
Ritz-Carlton Defeats Post-Hurricane Layoff Claims At 1st Circ.
The First Circuit has said a Puerto Rico federal judge was right to rule in favor of a Ritz-Carlton hotel in a suit by a proposed class of employees who claimed they were wrongfully laid off after the island was decimated by back-to-back hurricanes in 2017.
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May 06, 2024
3rd Circ. Won't Revive Ex-Pa. Agency Atty's Firing Suit
The Third Circuit on Monday declined to revive a former Pennsylvania Department of Community and Economic Development attorney's suit alleging his firing violated his 14th Amendment rights, reasoning that the lawyer failed to show how his termination constitutes a deprivation of property.
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May 06, 2024
Prof's Free Speech Suit Over Native Land Statement Falls Flat
A federal judge has tossed a professor's suit alleging the University of Washington violated his First Amendment rights after he opposed including an acknowledgment of Native Americans in his syllabus for a computer science course, saying his stance created a burden for the school.
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May 06, 2024
Catching Up With Delaware's Chancery Court
A record $100 million settlement, a fishy Facebook decision, a canceled Amazon delivery and an upended $7.3 billion sale dispute topped the news out of Delaware's Court of Chancery last week. There were also new cases involving Hess, Microsoft and the 2022 World Cup.
Expert Analysis
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Staying Ahead Of The AI Policymaking Curve
With artificial intelligence poised to be the hottest legislative and regulatory topic in 2024, expect the AI policymaking toolbox to continue to expand and evolve as stakeholders in the U.S. and abroad develop, deploy, use and learn more about these technologies, say attorneys at Hogan Lovells.
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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.