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Employment
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May 29, 2024
Foley & Lardner Sued For Axing Pro-Palestinian Atty's Offer
A former Foley & Lardner LLP summer associate on Wednesday lodged discrimination claims against the firm for pulling its job offer after she made comments supporting Palestine, alleging that the firm let her go because of her religion and ethnicity, according to the suit lodged in Illinois federal court.
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May 29, 2024
Merrill Lynch Inks $20M Deal In Financial Advisers' Bias Suit
Merrill Lynch has agreed to pay nearly $20 million to settle class action claims filed in Florida federal court alleging discrimination and retaliation against a proposed class of nearly 1,400 Black financial advisers who alleged they received less pay and promotions compared to their white counterparts.
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May 29, 2024
Navajo President Denies VP's Claims Of Sexual Misconduct
Navajo Nation President Buu Nygren, while denying allegations by Vice President Richelle Montoya of sexual harassment, bullying and mistreatment, said he intends to ask the tribe's council for workplace policies and procedures for the top offices, arguing that he's well aware that women within the country's largest reservation feel unheard.
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May 29, 2024
9th Circ. Revives Bulk Of Walmart Worker's Disability Bias Suit
The Ninth Circuit on Wednesday reversed most of a district court's ruling in favor of Walmart on claims by a vision-impaired employee that the retail giant didn't let him return to work after a medical leave of absence, saying the employee presented evidence suggesting Walmart lied about the reasons why he couldn't return.
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May 29, 2024
NC State Is Blocking Probe Of PCBs In Building, Court Told
North Carolina State University is trying to exploit the judicial process in order to destroy evidence of building contamination, a cancer-stricken professor told a state appeals court Tuesday in a bid to advance plans for a carcinogen inspection.
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May 29, 2024
NFL Can't Juke Retaliation Claims In Reporter's Race Suit
A New York federal judge on Wednesday hobbled a wrongful termination suit against the NFL, dismissing award-winning reporter Jim Trotter's claims of a hostile work environment and state claims but keeping the case alive through a federal claim of retaliation related to the league's decision not to renew his contract in March 2023.
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May 29, 2024
Teacher's Contract Renewal Claim Spiked By Ga. Justices
The Supreme Court of Georgia ruled Wednesday that a teacher can't sue his former district for denying him a contract renewal after he missed its due date, finding that the lack of a definitive salary figure in the offer doesn't conflict with state law.
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May 29, 2024
Ford Can Keep Win In Ex-Worker's Hostile Workplace Suit
A former Ford employee can't get a new trial on claims that a co-worker's lewd comments and overtures led to a hostile work environment, a Michigan federal judge has ruled, finding there is sufficient evidence to support the jury's verdict in the automaker's favor.
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May 29, 2024
IBEW Local Wins Benefits Dispute With Power Plant Operator
A New York federal judge preserved a win for an International Brotherhood of Electrical Workers local Wednesday in a dispute with a power plant operator over who qualifies for a supplemental retirement benefit at the company, deeming the arbitrator's award reasonable.
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May 29, 2024
NCAA Must Face Bulk Of Student-Athlete's W.Va. Transfer Suit
A West Virginia federal judge will not allow the NCAA to escape the bulk of an antitrust lawsuit filed by a 22-year-old, ruling he sufficiently supported his claims accusing the organization of contract interference when it deemed him ineligible to play basketball after a midseason transfer.
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May 29, 2024
DOJ Requests More Info On $2.2B Employee Screening Deal
The U.S. Department of Justice has requested more information about employment screening company First Advantage Corp.'s planned $2.2 billion purchase of rival Sterling Check Corp., extending the review period for the merger.
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May 29, 2024
Ex-Philly Union Leader Wants To Delay New Extortion Trial
Former International Brotherhood of Electrical Workers Local 98 business manager John Dougherty, who was convicted of bribery and embezzlement but escaped a third conviction when the jury deadlocked at his extortion trial, asked Wednesday that the prospective new trial date on the extortion charges be pushed back due to his attorney's scheduling conflict.
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May 29, 2024
Conn. Hospital Settles Exonerated Doctor's Race Bias Suit
A Connecticut hospital and a doctor of Nigerian heritage have settled a race and gender discrimination lawsuit that followed a supervisor's assertion during a sexual harassment and assault probe that Nigeria was home to a "typically misogynistic and chauvinistic" culture, according to a Wednesday dismissal order.
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May 29, 2024
Chancery Pins Down Musk, Tesla On Pay Bid, Del. Jurisdiction
Delaware's chancellor has nailed Elon Musk, Tesla Inc. and their counsel to assurances that the company won't flee state corporate law jurisdiction and a potentially massive stockholder attorney fee dispute by rushing votes on a struck-down, $56 billion compensation plan for Musk and proposed reincorporation in Texas.
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May 29, 2024
NLRB Wants Subpoenas Enforced In Calif. Tribal Casino Row
The National Labor Relations Board has gone to federal court to enforce its subpoenas seeking a list of casino workers in a proposed bargaining unit, saying the refusals of a California tribe and a gaming company to provide the information are impeding an agency investigation.
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May 29, 2024
9th Circ. Affirms Dismissal Of Doctor's Military Bias Suit
An Arizona hospital defeated a doctor's discrimination lawsuit for the second time, with the Ninth Circuit upholding an Arizona federal judge's decision to toss the doctor's claims that the hospital showed bias against his military status by not renewing his contract after he deployed.
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May 29, 2024
Weinstein Could Face Added Assault Charges In Retrial
New York prosecutors planning to retry Harvey Weinstein this fall after his rape conviction was overturned said Wednesday they may file an expanded indictment after hearing from new sexual assault claimants.
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May 29, 2024
Farm Will Pay $100K To End Calif. Agency's Sex Abuse Suit
A fruit farm agreed to provide $100,000 to resolve a suit brought by California's Civil Rights Department in state court alleging its owner sexually harassed a strawberry harvester daily and groped her on the job.
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May 29, 2024
Fisher Phillips Adds Employment Pro In Dallas From GRSM50
Fisher Phillips has strengthened its Dallas roster with a litigator experienced in representing employers in a broad array of complex labor and employment disputes who came aboard from Gordon Rees Scully Mansukhani LLP.
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May 28, 2024
Kia, Hyundai Still Face RICO Claims In Foreign Labor Suit
Hyundai and Kia are still confronted with claims that they were in on a scheme to obtain cheap labor from skilled Mexican engineers seeking participation in a professional visa program after a Georgia federal judge determined workers had adequately alleged the companies' involvement.
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May 28, 2024
Pa. Court Says Vaccine Refusal Valid Cause For Firing Nurse
A Pennsylvania Superior Court panel on Tuesday tossed a suit accusing a hospital of wrongfully firing a nurse practitioner who refused to be vaccinated against COVID-19, saying the nurse can't invoke the state's medical malpractice statute in a wrongful termination suit.
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May 28, 2024
The NCAA Put Out One Fire, But The House Is Still Ablaze
Despite the enormous size of the settlement of a class action by hundreds of thousands of former college athletes over name, image and likeness compensation denied to them, experts say it only resolves one of the NCAA's many legal crises, while shining a light on the severity of the others.
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May 28, 2024
DC Circ. Revives Campaign Ad Fight At Mail Carriers Union
The D.C. Circuit has revived claims that a mail carriers union violated the Labor-Management Reporting and Disclosure Act by refusing to publish an officer candidate's campaign ads in its magazine, ruling Tuesday that a Washington, D.C., federal judge prematurely dismissed the suit.
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May 28, 2024
EEOC Gender Bias Suit Should Continue, Magistrate Judge Says
A magistrate judge on Tuesday recommended the denial of four Georgia waste removal companies' motion to dismiss a suit brought against them by the U.S. Equal Employment Opportunity Commission for allegedly subjecting female truck driver applicants to sexist interview questions before filling the roles with less qualified men.
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May 28, 2024
Mich. Judge Tosses Ex-Prosecutor's Suit Over Firing
A Michigan federal judge has dismissed a lawsuit from a fired assistant prosecutor alleging he lost his job at the Macomb County Prosecutor's Office for speaking out about harassment and retaliation, after the county asked for sanctions because the plaintiff wasn't complying with discovery requirements and missed a deposition.
Expert Analysis
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Series
Walking With My Dog Makes Me A Better Lawyer
Thanks to my dog Birdie, I've learned that carving out an activity different from the practice of law — like daily outdoor walks that allow you to interact with new people — can contribute to professional success by boosting creativity and mental acuity, as well as expanding your social network, says Sarah Petrie at the Massachusetts Attorney General’s Office.
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Employer Considerations Before Title IX Rule Goes Into Effect
While the U.S. Department of Education's final rule on Title IX is currently published as an unofficial version, institutions and counsel should take immediate action to ensure they are prepared for the new requirements, including protections for LGBTQ+ and pregnant students and employees, before it takes effect in August, say Jeffrey Weimer and Cori Smith at Reed Smith.
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Think Like A Lawyer: Follow The Iron Rule Of Trial Logic
Many diligent and eager attorneys include every good fact, point and rule in their trial narratives — spurred by the gnawing fear they’ll be second-guessed for leaving something out — but this approach ignores a fundamental principle of successful trial lawyering, says Luke Andrews at Poole Huffman.
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The Art Of Asking: Leveraging Your Contacts For Referrals
Though attorneys may hesitate to ask for referral recommendations to generate new business, research shows that people want to help others they know, like and trust, so consider who in your network you should approach and how to make the ask, says Rebecca Hnatowski at Edwards Advisory.
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Compliance Strategies To Mitigate 3 New Areas Of AI Risk
The era of artificial intelligence-assisted corporate crime is here, but several concrete mitigation strategies can allow companies to address the new, rapidly evolving threats posed by deepfakes, information barrier evasion and AI model manipulation, say attorneys at Debevoise.
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Refresher On Employee Qualifications For Summer Interns
Before companies welcome interns to their ranks this summer, they should consider the extent to which the interns may be entitled to the same legal protections as employees, including the right to be paid for their hours worked and to receive at least minimum wage and overtime, says Kate LaQuay at Munck Wilson.
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Opinion
The FTC's Noncompete Rule Is Likely Dead On Arrival
The Federal Trade Commission's April 23 noncompete ban ignores the consequences to the employees it claims to help — but the rule is unlikely to go into effect provided the ideological makeup of the U.S. Supreme Court remains the same, say Erik Weibust and Stuart Gerson at Epstein Becker.
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McKesson May Change How AKS-Based FCA Claims Are Pled
The Second Circuit’s analysis in U.S. v. McKesson, an Anti-Kickback Statute-based False Claims Act case, provides guidance for both relators and defendants parsing scienter-related allegations, say Li Yu at Dicello Levitt, Ellen London at London & Stout, and Erica Hitchings at Whistleblower Law.
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5 Employer Actions Now Risky After Justices' Title VII Ruling
Last week in Muldrow v. St. Louis, the U.S. Supreme Court ruled that harm didn't have to be significant to be considered discriminatory under Title VII of the Civil Rights Act, making five common employer actions vulnerable to litigation, say Kellee Kruse and Briana Scholar at The Employment Law Group.
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Series
Being An Equestrian Makes Me A Better Lawyer
Beyond getting experience thinking on my feet and tackling stressful situations, the skills I've gained from horseback riding have considerable overlap with the skills used to practice law, particularly in terms of team building, continuing education, and making an effort to reset and recharge, says Kerry Irwin at Moore & Van Allen.
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Teach Your Party Representative The Art Of Nonverbal Cues
As illustrated by recent reports about President Donald Trump’s nonverbal communication in court, jurors notice what’s happening at counsel table, which may color their perceptions of the case as a whole, so trial attorneys should teach party representatives to self-monitor their nonverbal behaviors, says Clint Townson at Townson Consulting.
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FTC Noncompete Ban Signals Rising Labor Focus In Antitrust
The Federal Trade Commission’s approval this week of a prohibition on noncompete agreements continues antitrust enforcers’ increasing focus on labor, meaning companies must keep employee issues top of mind both in the ordinary course of business and when pursuing transactions, say attorneys at Skadden.
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Breaking Down EEOC's Final Rule To Implement The PWFA
Attorneys at Littler highlight some of the key provisions of the U.S. Equal Employment Opportunity Commission's final rule and interpretive guidance implementing the Pregnant Workers Fairness Act, which is expected to be effective June 18, and departures from the proposed rule issued in August 2023.
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4 Ways To Refresh Your Law Firm's Marketing Strategy
With many BigLaw firms relying on an increasingly obsolete marketing approach that prioritizes stiff professionalism over authentic connection, adopting a few key communications strategies to better connect with today's clients and prospects can make all the difference, say Eric Pacifici and Kevin Henderson at SMB Law.
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How To Prepare As Employee Data Reporting Deadlines Near
As filing deadlines approach, government contractors and private companies alike should familiarize themselves with recent changes to federal and California employee data reporting requirements and think strategically about registration of affirmative action plans to minimize the risk of being audited, say Christopher Durham and Zev Grumet-Morris at Duane Morris.