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Employment
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May 16, 2024
Fla. Seeks To Halt Biden's ACA Trans Discrimination Rule
Florida urged a federal court to stop recently finalized regulations clarifying gender identity-based discrimination under the Affordable Care Act from taking effect, saying the new rules would force the state to abandon its health and safety laws or lose funding from the federal government.
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May 16, 2024
Ex-Bronx DA Worker Says Discrimination Suit Should Stand
A former employee at the Bronx District Attorney's Office said Thursday she supported her claims that the office discriminated against her for seeking medical leave and denied her a promotion because she's Black, urging a New York federal court to keep alive her suit alive.
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May 16, 2024
Delta, Flight Attendants Ink $16M Deal To End Wage Suit
Delta Air Lines flight attendants reached a nearly $16 million settlement with the company in an almost decadelong suit accusing the airline of wage statement violations, they told a California federal judge, saying the "extremely favorable" deal should be approved because it would give class members close to full reimbursement.
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May 16, 2024
Justices Say Courts Must Stay Suits Sent To Arbitration
The U.S. Supreme Court unanimously concluded Thursday that federal courts do not have discretion to toss a case once it's decided that the claims belong in arbitration, ruling in a wage and overtime suit brought by delivery drivers against their employer.
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May 16, 2024
Justices Say Deadline To Appeal Furlough Denial Is Flexible
The U.S. Supreme Court on Thursday revived a Pentagon employee's dispute seeking an exemption from a furlough, saying that a missed 60-day deadline to appeal the denied exemption does not put the matter out of federal courts' jurisdiction.
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May 15, 2024
'Pissed Off,' 'You Need To Go': Reps Rip FDIC's Gruenberg
Federal Deposit Insurance Corp. Chairman Martin Gruenberg took withering, bipartisan criticism over his agency's workplace misconduct scandal at a House hearing on Wednesday, although no new Democrats joined their Republican colleagues in directly calling for his resignation.
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May 15, 2024
Chancery Nixes BuzzFeed Worker Arbitration Bid
Delaware's Court of Chancery dismissed from an arbitration access dispute on Wednesday 85 BuzzFeed Media Enterprises employees who sued for arbitration of a stock conversion right, rejecting claims that company employment agreements require Delaware courts to handle the issue.
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May 15, 2024
Georgia Justices Weigh State Immunity In Trooper's Wage Suit
Georgia's Department of Public Safety urged the state's highest court on Wednesday to undo a Georgia Court of Appeals decision that revived a state trooper's suit alleging that the department failed to pay him owed overtime for time spent in training, arguing that the state never waived its sovereign immunity privilege.
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May 15, 2024
2nd Circ. Calls Starbucks' Union Discovery Order 'Overbroad'
The Second Circuit on Wednesday revived the National Labor Relations Board's suit seeking to halt Starbucks' alleged labor violations nationwide, finding that the lower court erred in tossing the suit for noncompliance with its "overbroad" discovery order granting the coffee chain's subpoenas seeking confidential union intel and workers' communications.
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May 15, 2024
Daimler Settles Worker's Suit Claiming Pot Test Got Him Fired
Daimler Truck North America LLC has settled an employee's New Jersey federal court suit claiming he was illegally fired over a positive cannabis test following an accident in a company vehicle, even though he wasn't found at fault for the incident, according to a Wednesday court filing.
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May 15, 2024
Noncompete Rule Challenge Gets More Backing
A slew of business groups have thrown their support behind a challenge of the Federal Trade Commission's sweeping ban on noncompete clauses for employees, saying the rule relies on "cherrypicked" data to back a policy preferred by the FTC's majority.
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May 15, 2024
NLRB Attys Fight Union Sanctions In Strike Replacement Case
A U.S. Department of Justice attorney urged the Seventh Circuit on Wednesday to reject a union's bid to sanction National Labor Relations Board attorneys in a case over labor law violations at a quarry, saying the contention that the union waived a key argument doesn't warrant such an "extreme measure."
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May 15, 2024
Plaintiffs Suing Over Netflix Doc Will Reveal Themselves
Three plaintiffs will publicly identify themselves to continue suing Netflix Inc. for disclosing their names in its documentary about a doctor who fraudulently inseminated his patients, but they warned an Indiana federal court Wednesday that going public would increase their harms.
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May 15, 2024
WWE Says $3M Deal Sends McMahon Sex Suit To Arbitration
World Wrestling Entertainment Inc. is joining a bid by former CEO Vincent McMahon to send a suit from a woman accusing him and the organization of sex trafficking and harassment to arbitration, saying she agreed to and signed a $3 million separation agreement that includes an arbitration clause.
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May 15, 2024
Mass. Senate Aide Alleges Retaliation After Bias Complaint
A constituent services aide to a Massachusetts state senator is alleging that the lawmaker and his former chief of staff stonewalled his requests for accommodation after a leg injury left him unable to climb stairs, then iced him out after he filed a complaint with the state's anti-discrimination agency.
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May 15, 2024
Worker Updates Boot-Up Suit After Judge Axes State Claims
A former call center worker on Tuesday lodged an amended class action complaint seeking boot-up time wages from a home healthcare company, raising only federal claims after a Michigan federal judge earlier this year stripped state law allegations from the suit.
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May 15, 2024
3rd Circ. Says Pa. City Isn't Covered In Cop's Employment Suit
A Pennsylvania city cannot obtain coverage for underlying litigation brought by a police officer who has repeatedly sued the city, as his present suit is related to previous ones and is therefore excluded by the policy, the Third Circuit said Wednesday.
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May 15, 2024
Wage Damages Update Isn't Retroactive, NJ Justices Say
The New Jersey Supreme Court on Wednesday held an amendment to the state's wage laws adding liquidated damages and extending the statute of limitations should only be applied to conduct that occurred after its effective date, backing the dismissal of some claims brought by laborers alleging unpaid pre- and post-shift work.
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May 15, 2024
EEOC Suit Over Vax Refuser's Firing Survives Dismissal Bid
Arkansas-based Hank's Furniture Inc. must face a U.S. Equal Employment Opportunity Commission lawsuit claiming it unlawfully fired a Christian manager who refused the COVID-19 vaccine, with a Florida federal judge ruling the agency plausibly alleged her beliefs conflicted with the company's inoculation policy.
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May 15, 2024
AstraZeneca Sales Reps Win Early Cert. In Gender Bias Suit
An Illinois federal judge on Tuesday granted a bid by workers to conditionally certify a collective in a lawsuit alleging AstraZeneca paid women less than men, giving the green light for notices to be sent out to female sales representatives who have worked at the pharmaceutical giant since late 2018.
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May 15, 2024
Knicks Owner Must Face Sexual Assault Suit, Accuser Says
A massage therapist has urged a California federal court to not let New York Knicks owner James Dolan out of her lawsuit accusing him of coercing her into a sexual relationship, saying she sufficiently claimed that he forced himself on her despite her refusals.
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May 15, 2024
DoorDash Inks Deal To End NY AG's Conviction Bias Claims
DoorDash has reached a settlement with New York Attorney General Letitia James to resolve allegations that the food delivery platform regularly rejected applicants with criminal histories without considering factors such as the nature of the conviction and its bearing on the job sought, the law enforcement official's office announced Wednesday.
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May 15, 2024
Staffing Co. Settles Claims It Spurned Immigrant's Work Docs
A medical staffing company agreed to improve employee anti-discrimination training to resolve allegations that it fired an immigrant employee, after refusing to accept valid evidence that she could work in the U.S., the U.S. Department of Justice announced Wednesday.
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May 15, 2024
Tesla Fires Back At Claims It Bullied Retired Law Professor
Tesla has pushed back against allegations that it tried to bully a retired law professor out of weighing in on an investor suit over CEO Elon Musk's $56 billion compensation plan, according to new filings in Delaware.
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May 15, 2024
Last-Mile Amazon Driver Does Interstate Work, Panel Says
A driver for a logistics company who primarily made local deliveries for Amazon was engaged in interstate commerce and thus exempt from mandatory arbitration, a California appeals court has held, saying the worker's wage and hour claims can remain in state court.
Expert Analysis
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Employer Pointers As Wage And Hour AI Risks Emerge
Following the Biden administration's executive order on artificial intelligence, employers using or considering artificial intelligence tools should carefully assess whether such use could increase their exposure to liability under federal and state wage and hour laws, and be wary of algorithmic discrimination, bias and inaccurate or incomplete reporting, say attorneys at ArentFox Schiff.
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The Pros And Cons Of Protecting AI As Trade Secrets
Despite regulatory trends toward greater transparency of artificial intelligence models, federal policy acknowledges, and perhaps endorses, trade secret protection for AI information, but there are still hurdles in keeping AI information a secret, say Jennifer Maisel and Andrew Stewart at Rothwell Figg.
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Complying With Enforcers' Ephemeral Messaging Guidance
Given federal antitrust enforcers’ recently issued guidance on ephemeral messaging applications, organizations must take a proactive approach to preserving short-lived communications — or risk criminal obstruction charges and civil discovery sanctions, say attorneys at Manatt.
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Race Bias Defense Considerations After 11th Circ. Ruling
In Tynes v. Florida Department of Juvenile Justice, the Eleventh Circuit affirmed that the McDonnell Douglas test for employment discrimination cases is merely an evidentiary framework, so employers relying on it as a substantive standard of liability may need to rethink their litigation strategy, says Helen Jay at Phelps Dunbar.
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How Firms Can Ensure Associate Gender Parity Lasts
Among associates, women now outnumber men for the first time, but progress toward gender equality at the top of the legal profession remains glacially slow, and firms must implement time-tested solutions to ensure associates’ gender parity lasts throughout their careers, say Kelly Culhane and Nicole Joseph at Culhane Meadows.
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How Echoing Techniques Can Derail Witnesses At Deposition
Before depositions, defense attorneys must prepare witnesses to recognize covert echoing techniques that may be used by opposing counsel to lower their defenses and elicit sensitive information — potentially leading to nuclear settlements and verdicts, say Bill Kanasky and Steve Wood at Courtroom Sciences.
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6 Ways To Minimize Risk, Remain Respectful During Layoffs
With a recent Resume Builder survey finding that 38% of companies expect to lay off employees this year, now is a good time for employers to review several strategies that can help mitigate legal risks and maintain compassion in the reduction-in-force process, says Sahara Pynes at Fox Rothschild.
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7 Common Myths About Lateral Partner Moves
As lateral recruiting remains a key factor for law firm growth, partners considering a lateral move should be aware of a few commonly held myths — some of which contain a kernel of truth, and some of which are flat out wrong, says Dave Maurer at Major Lindsey.
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NYC Workplace AI Regulation Has Been Largely Insignificant
Though a Cornell University study suggests that a New York City law intended to regulate artificial intelligence in the workplace has had an underwhelming impact, the law may still help shape the city's future AI regulation efforts, say Reid Skibell and Nathan Ades at Glenn Agre.
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Series
Cheering In The NFL Makes Me A Better Lawyer
Balancing my time between a BigLaw career and my role as an NFL cheerleader has taught me that pursuing your passions outside of work is not a distraction, but rather an opportunity to harness important skills that can positively affect how you approach work and view success in your career, says Rachel Schuster at Sheppard Mullin.
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Args In APA Case Amplify Justices' Focus On Agency Power
In arguments last week in Corner Post v. Federal Reserve, the U.S. Supreme Court justices paid particular importance to the possible ripple effects of their decision, which will address when a facial challenge to long-standing federal rules under the Administrative Procedure Act first accrues and could thus unleash a flood of new lawsuits, say attorneys at Snell & Wilmer.
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Mitigating Whistleblower Risks After High Court UBS Ruling
While it is always good practice for companies to periodically review whistleblower trainings, policies and procedures, the U.S. Supreme Court’s recent whistleblower-friendly ruling in Murray v. UBS Securities helps demonstrate their importance in reducing litigation risk, say attorneys at Arnold & Porter.
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Using Arbitration And Class Waivers As Privacy Suit Tools
Amid a surge in data breach class actions over the last few years, several federal court decisions indicate that arbitration clauses and class action waiver provisions can be possible alternatives to public court battles and potentially reduce the costs of privacy litigation, say Mark Olthoff and Courtney Klaus at Polsinelli.
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Future Not Looking Bright For Calif. Employee Nonsolicits
California's new legislation imposing potentially harsh consequences on employers for attempting to enforce noncompetes raises questions about the fate of employee nonsolicitation agreements — and both federal and state court decisions suggest the days of the latter may be numbered, say Anthony Oncidi and Philippe Lebel at Proskauer.
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6 Pointers For Attys To Build Trust, Credibility On Social Media
In an era of information overload, attorneys can use social media strategically — from making infographics to leveraging targeted advertising — to cut through the noise and establish a reputation among current and potential clients, says Marly Broudie at SocialEyes Communications.