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Employment
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October 04, 2024
Healthcare Co.'s Workers Get Cert. In OT Pay Row
A Connecticut home healthcare logistics company and a former employee suing in federal court over its pay practices have agreed to conditionally certify a collective and dismiss most claims, leaving only a claim for payment of off-the-clock work.
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October 04, 2024
Employment Authority: Calif. Law Equal Protection Issues
Law360 Employment Authority covers the biggest employment cases and trends. Catch up this week with coverage on how a petition in the U.S. Supreme Court arguing that California's worker classification law violates equal protection principles could have a domino effect beyond wage and hour issues, a look at the slew of U.S. Equal Employment Opportunity Commission's harassment suits and what are the chances that the National Labor Relations Board could change some of its policies.
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October 04, 2024
Stellantis' Fiat Chrysler Sues UAW Over Strike Threats
Fiat Chrysler has sued the United Auto Workers in California federal court alleging the union has violated the current collective bargaining agreement by threatening to strike over what the union perceives as the company's delays in investing in and reopening certain manufacturing facilities.
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October 04, 2024
Atlanta Employee Sues City For More Than $100K Of OT Pay
A community program analyst in Atlanta's Office of Film, Entertainment & Nightlife hit the city with a Fair Labor Standards Act complaint alleging she's owed more than $100,000 for unpaid overtime work.
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October 04, 2024
Retired Judge Says Unpaid Services Suit's Claims 'Untimely'
Retired U.S. Circuit Judge Richard A. Posner asked an Indiana federal court on Friday to grant him a summary judgment win in litigation alleging he stiffed a man out of a six-figure salary after hiring him to run a now-defunct pro bono legal services organization, saying the suit's claims are "untimely."
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October 04, 2024
Former X Worker's 2 Sex Bias Suits Will Go To Same Judge
A San Francisco federal judge said Friday that a former X Corp. engineer's lawsuit claiming Elon Musk laid off more women than men after acquiring the company belonged with a similar case the worker filed in San Jose federal court — but chided both sides, saying "nobody's being terribly reasonable."
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October 04, 2024
Ex-IPlace Exec Seeks Chancery Legal Defense Fee Award
A former longtime director and CEO of global recruiting firm iPlace's American affiliate sued the company for legal fee advancement in Delaware's Court of Chancery Friday, alleging that it refused to pay his fees for defense against claims of fiduciary breaches, embezzlement and thefts of proprietary information.
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October 04, 2024
Prof. Claims Fox Chase, Temple U. Failed To Deter Harassment
A cancer research professor has filed a sexual harassment lawsuit against Temple University Health System's Fox Chase Cancer Center, claiming in Pennsylvania federal court it failed to act on her complaints of being harassed by the eventual director, who she said went on to influence "numerous decisions" that hurt her career.
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October 04, 2024
Off The Bench: NIL Atty Beef, 'Hard Knocks' Death, MJ Racing
In this week's Off The Bench, friction over the pending settlement in the vast NCAA name, image and likeness compensation class action fuels an attorney feud, the widow of a "Hard Knocks" production assistant blames the league for his death, and Michael Jordan accuses NASCAR of having a motorsports monopoly.
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October 04, 2024
Disneyland Worker Sues Over Personnel Data Breach
A Disneyland employee hit The Walt Disney Co. with a proposed class action in California state court on Thursday over a cyberattack that allegedly compromised employee personnel information, including work assignments, passport numbers and visa details.
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October 04, 2024
Fla. Firm Wins Wage Dispute After Paralegal Abandons Suit
A federal judge threw out a paralegal's lawsuit alleging that a West Palm Beach, Florida, law firm underpaid her and then retaliated against her by cutting her hours when she complained, saying she has refused to continue to participate in the litigation.
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October 04, 2024
USDA Updates Regulation Without Labor Compliance Portion
The U.S. Department of Agriculture filed a final rule Friday tweaking an acquisition regulation after nearly 30 years since a previous overhaul, but the rule doesn't include a proposal that would have required federal contractors to certify compliance with federal and state labor laws.
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October 04, 2024
Up First At High Court: Civil Rights, Ghost Guns, Atty Fees
The U.S. Supreme Court reconvenes Monday to start a brand-new term, with the justices first hearing arguments related to prerequisites for litigating federal rights in state courts, ghost gun regulations, and whether a death row inmate is entitled to a new trial after a state admits that prosecutorial misconduct might have led to his conviction.
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October 04, 2024
Paramount Hit With WARN Act Suit Over NYC Layoffs
Paramount violated the New York Worker Adjustment and Retraining Notification Act by laying off more than 300 New York City-based employees without the required 90 days' notice, a new proposed class action filed in New York federal court alleges.
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October 04, 2024
7th Circ. Backs Class Decertification In Unpaid Wages Dispute
The Seventh Circuit declined to upend an order decertifying a class of satellite technicians who accused their employer of shorting them on overtime wages, agreeing that class treatment is improper because of the myriad differences between workers.
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October 04, 2024
Healthcare Co. Inks Deal In DOL Equal Pay Investigation
A healthcare diagnostics company has agreed to pay nearly $60,000 to the U.S. Department of Labor to end an agency probe over concerns that a New Jersey manufacturing facility undercompensated female employees compared to their male colleagues.
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October 04, 2024
NCAA's Legal Woes Grow With Ex-Ohio State QB's NIL Suit
Former Ohio State University star quarterback Terrelle Pryor, whose college career abruptly ended after the NCAA suspended him for profiting off his own memorabilia, filed a proposed antitrust class action in Ohio federal court Friday accusing the NCAA and others of profiting from his name, image and likeness while denying him and other athletes compensation.
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October 04, 2024
UK Litigation Roundup: Here's What You Missed In London
This past week in London has seen GMB Union sued by the makers of Tetley Tea after a staff walkout in September, boxer Mike Tyson hit with legal action from a marketing company and the Met Police face a misuse of private data claim from a woman who had a relationship with an undercover police officer. Here, Law360 looks at these and other new claims in the U.K.
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October 04, 2024
High Court To Weigh In On Halliburton Worker's Age Bias Suit
The U.S. Supreme Court agreed Friday to wade into an age discrimination lawsuit from a former Halliburton employee who said his case was wrongly shut down when the Tenth Circuit ruled a trial court lacked the power to reopen it following arbitration.
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October 04, 2024
Justices Take Up Straight Worker's Demotion Bias Suit
The U.S. Supreme Court said Friday it will review a discrimination lawsuit by a former Ohio Department of Youth Services worker claiming she was denied a promotion and then demoted for being heterosexual while LGBTQ candidates were advanced.
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October 04, 2024
Greenberg Traurig Adds WeWork Employment Law Head In SF
Greenberg Traurig LLP is boosting its West Coast team, bringing in WeWork's former global head of employment law as a shareholder in its San Francisco office.
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October 03, 2024
Masseuse's Claim Must Be Arbitrated, Cruise Line Says
Norwegian Cruise Line told a Florida federal court on Wednesday that a former masseuse on board one of its ships must arbitrate her negligence claim after she was allegedly deprived of prompt and adequate medical care, even though the company didn't sign an underlying arbitration agreement.
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October 03, 2024
Cognizant Worker Transfers From India Declining, Jury Told
Cognizant Technologies rested its defense Thursday of class action claims that it is biased toward Indian workers after a company executive testified that the number of employee transfers from India to the U.S. has steadily decreased since 2014, bringing to a close live testimony in the racially charged retrial.
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October 03, 2024
Texas Transgender Health Rule Suit Paused For Gov't Appeal
A Texas federal judge said he'd stay a lawsuit from Texas and Montana challenging new federal protections for transgender healthcare while the Biden administration appeals the court's July order freezing the new rule.
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October 03, 2024
Ex-Twitter Exec's Advice May Sink Bonus Suit Class Cert. Bid
A California federal judge on Thursday appeared flabbergasted that a former X Corp. executive seeking class certification in a suit over unpaid bonuses had previously advised Elon Musk against paying out the compensation, telling the former executive's lawyer, "I seriously wonder if perhaps you've put him in legal jeopardy."
Expert Analysis
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Addressing Labor Shortages In The Construction Industry
As the construction industry's ongoing struggle with finding sufficient skilled workers continues, companies should consider a range of solutions including a commitment to in-house training and creative contracting protocols, say Brenda Radmacher and Allison Etkin at Akerman.
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Tailoring Compliance Before AI Walks The Runway
Fashion industry players that adopt artificial intelligence to propel their businesses forward should consider ways to minimize its perceived downsides, including potential job displacements and algorithmic biases that may harm diversity, equity and inclusion efforts, say Jeffrey Greene and Ivory Djahouri at Foley & Lardner.
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Recruitment Trends In Emerging Law Firm Frontiers
BigLaw firms are facing local recruitment challenges as they increasingly establish offices in cities outside of the major legal hubs, requiring them to weigh various strategies for attracting talent that present different risks and benefits, says Tom Hanlon at Buchanan Law.
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Series
Glassblowing Makes Me A Better Lawyer
I never expected that glassblowing would strongly influence my work as an attorney, but it has taught me the importance of building a solid foundation for your work, learning from others and committing to a lifetime of practice, says Margaret House at Kalijarvi Chuzi.
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3 Surprising Deposition Dangers Attorneys Must Heed
Attorneys often do not think of discovery as a particularly risky phase of litigation, but counsel must closely heed some surprisingly strict and frequently overlooked requirements before, during and after depositions that can lead to draconian consequences, says Nate Sabri at Perkins Coie.
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What Employers Need To Know About Colorado's New AI Law
The Colorado AI Act, enacted in May and intended to regulate the use of high-risk artificial intelligence systems to prevent algorithmic discrimination, is broad in scope and will apply to businesses using AI for certain employment purposes, imposing numerous compliance obligations and potential liability, say Laura Malugade and Owen Davis at Husch Blackwell.
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Opinion
Paid Noncompetes Offer A Better Solution Than FTC's Ban
A better alternative to the Federal Trade Commission's recent and widely contested noncompete ban would be a nationwide bright-line rule requiring employers to pay employees during the noncompete period, says Steven Kayman at Rottenberg Lipman.
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How Associates Can Build A Professional Image
As hybrid work arrangements become the norm in the legal industry, early-career attorneys must be proactive in building and maintaining a professional presence in both physical and digital settings, ensuring that their image aligns with their long-term career goals, say Lana Manganiello at Equinox Strategy Partners and Estelle Winsett at Estelle Winsett Professional Image Consulting.
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Firms Must Rethink How They Train New Lawyers In AI Age
As law firms begin to use generative artificial intelligence to complete lower-level legal tasks, they’ll need to consider new ways to train summer associates and early-career attorneys, keeping in mind the five stages of skill acquisition, says Liisa Thomas at Sheppard Mullin.
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Think Like A Lawyer: Always Be Closing
When a lawyer presents their case with the right propulsive structure throughout trial, there is little need for further argument after the close of evidence — and in fact, rehashing it all may test jurors’ patience — so attorneys should consider other strategies for closing arguments, says Luke Andrews at Poole Huffman.
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Where Anti-Discrimination Law Stands 4 Years After Bostock
On the fourth anniversary of the U.S. Supreme Court's landmark Bostock ruling, Evan Parness and Abby Rickeman at Covington take stock of how the decision, which held that Title VII protects employees from discrimination because of their sexual orientation and gender identity, has affected anti-discrimination law at the state and federal levels.
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Series
Playing Chess Makes Me A Better Lawyer
There are many ways that chess skills translate directly into lawyer skills, but for me, the bigger career lessons go beyond the direct parallels — playing chess has shown me the value of seeing gradual improvement in and focusing deep concentration on a nonwork endeavor, says attorney Steven Fink.
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Crafting An Effective Workplace AI Policy After DOL Guidance
Employers should take proactive steps to minimize their liability risk after the U.S. Department of Labor released artificial intelligence guidance principles on May 16, reflecting the reality that companies must begin putting into place policies that will dictate their expectations for how employees will use AI, say David Disler and Courtnie Bolden at Porzio Bromberg.
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Patent Lessons From 7 Federal Circuit Reversals In May
A look at recent cases where the Federal Circuit reversed or vacated decisions by the Patent Trial and Appeal Board or a federal district court provide guidance on how to succeed on appeal by clarifying the obviousness analysis of design patents, the finality of a judgment, and more, say Denise De Mory and Li Guo at Bunsow De Mory.
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Litigation Inspiration: Attys Can Be Heroic Like Olympians
Although litigation won’t earn anyone an Olympic medal in Paris this summer, it can be worthy of the same lasting honor if attorneys exercise focused restraint — seeking both their clients’ interests and those of the court — instead of merely pursuing every advantage short of sanctionable conduct, says Bennett Rawicki at Hilgers Graben.