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Employment
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October 10, 2024
Ga. Container Co. Hit With Data Breach Lawsuit
A Georgia-based manufacturer and global supplier of blow-molded plastic containers has been hit with a proposed class action in federal court over a December 2023 data breach that allegedly exposed the personal information of more than 30,000 people who were not notified about the hack until this month.
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October 10, 2024
IRS Says It's Stepping Up Worker Credit Claims Processing
The Internal Revenue Service said Thursday it's accelerating processing of claims for pandemic-era worker credits after a moratorium triggered by what the agency has said was widespread fraud.
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October 10, 2024
Wendy's Asked To Move Wage Row Too Late, 10th Circ. Says
The Tenth Circuit declined Thursday to move an unpaid wage class action against Wendy's back to federal court, saying the fast-food chain waited too long before asking to transfer the dispute from state court despite knowing the requirements to do so had been met.
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October 10, 2024
Ill. Co. Tells 7th Circ. It Deserved Hearing Before NLRB Order
The National Labor Relations Board trod on an Illinois plumbing and fire suppression company's due process rights when it ordered the company to resume recognizing a Plumbers local without a hearing on whether the company violated a settlement by withdrawing recognition, the company told the Seventh Circuit.
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October 10, 2024
CommScope Settles Ex-VP's Severance Benefits Suit
Wireless network provider CommScope Holding Co. has settled a former vice president's wrongful termination and denial of benefits suit alleging he was terminated over poor performance allegations fabricated by a supervisor who saw him as competition for a higher role in the company.
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October 10, 2024
SeaWorld Wraps Up Suit Over COVID Severance Pay
SeaWorld has inked settlements with two employees to resolve a California federal court suit claiming the business ignored its policies by failing to pay employees severance when they were furloughed during the COVID-19 pandemic.
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October 10, 2024
Ex-Citibank VP Says Bank Fired Her For Taking Parental Leave
A former Citibank senior vice president and head of the bank's fair employment practices said Thursday she lost her job after becoming pregnant and suffering from pregnancy-related complications, accusing Citibank of discrimination.
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October 10, 2024
Ga. Judge Tosses Emory, Falcon Bids To Avoid Doc's Bias Suit
A Georgia federal judge has ruled that a doctor's amended complaint for his discrimination, retaliation and defamation lawsuit against Emory Healthcare Inc. and the Atlanta Falcons Football Club mooted their motions to dismiss the doctor's claims against them.
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October 10, 2024
Combs May Face More Charges As Feds Pore Over Evidence
Prosecutors helming the sex trafficking case against Sean "Diddy" Combs told a Manhattan federal judge Thursday they could file more charges against the jailed hip-hop mogul and rejected his accusations of grand jury leaks as "a means to try to exclude a damning piece of evidence."
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October 10, 2024
Atty For McElroy Deutsch's Ex-CFO Wants Out Of Theft Case
An attorney representing McElroy Deutsch Mulvaney & Carpenter LLP's former chief financial officer — who is behind bars on charges of stealing from the firm — has asked to be relieved as counsel in the firm's New Jersey suit against the former CFO because he has not paid his legal bills.
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October 10, 2024
Ex-NFLer Can't Get Sanctions For Dropped Sexual Abuse Suit
A Colorado state judge on Wednesday denied awarding attorney fees to a former NFL player-turned-reptile-shipper as a sanction, concluding it wasn't clear that the now-dismissed lawsuit by a former employee who accused him of sexually abusing her and then firing her was brought in bad faith or without any factual foundation.
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October 10, 2024
Lawmakers Want Calif. Colleges To Flex NIL Muscle
As states across the country pass new laws for college athletes to earn money for their name, image and likeness, California lawmakers are encouraging universities there to make use of the considerable NIL provisions already on the books.
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October 09, 2024
Combs Accuses DHS Of Leaking Grand Jury Info To Press
Government agents investigating charges of sex trafficking against Sean "Diddy" Combs have engaged in a scheme to undermine his right to a fair trial, the hip-hop mogul told a Manhattan federal judge late Wednesday, saying U.S. Department of Homeland Security personnel have been leaking grand jury information to journalists.
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October 09, 2024
Garth Brooks Accused Of Retaliating After Rape Lawsuit
A hair and makeup artist told a judge Wednesday that Garth Brooks publicly revealed her name out of spite and retaliation after she sued him for rape, urging the court to sanction the country star and his lawyers for this "appalling and malicious behavior."
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October 09, 2024
Repeat Whistleblowing Led To Firing, Ex-Sikorsky Worker Alleges
A Connecticut man who describes himself as a "well-known" whistleblower at Sikorsky Aircraft Corp. says he was illegally terminated for reporting alleged wage and hour and environmental violations to government authorities, claiming the helicopter manufacturer fired him using bogus allegations he broke into an office he was given clearance to access.
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October 09, 2024
'I Do Not Lie,' Lin Wood Says In Asset Fight With Ex-Partners
A Georgia federal judge on Wednesday ordered former attorney Lin Wood not to sell or otherwise encumber property he offered up as security in lieu of paying a $4.7 million supersedeas bond during his appeal of a $3.75 million defamation verdict against him.
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October 09, 2024
5th Circ. Revives Air Force Bias Case, Citing Broader Standard
The Fifth Circuit revived a former civilian U.S. Air Force employee's lawsuit alleging she was given negative performance reviews after rejecting colleagues' sexual advances, saying a lower court needs to reevaluate her claims under a year-old circuit standard that allows for a wider range of bias allegations.
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October 09, 2024
Boeing Rescinds Wage Offer As IAM Strike Enters 4th Week
Boeing has withdrawn its most recent wage offer to more than 33,000 employees who've been on strike for nearly a month, prolonging a labor standoff with the International Association of Machinists and Aerospace Workers that has grounded some of Boeing's key production lines to a halt.
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October 09, 2024
Colo. Dispensary To Pay $95K In EEOC Disability Bias Suit
A Colorado marijuana dispensary has agreed to pay $95,000 to settle a U.S. Equal Employment Opportunity Commission suit claiming it fired a worker for failing to clock in and out of her shifts, even though she informed supervisors that she had memory issues due to her disabilities.
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October 09, 2024
Conn. College Settles Fired Coach's Sex Discrimination Claim
The former head coach of a Connecticut college's women's lacrosse team has agreed to settle a federal lawsuit claiming that he faced sex discrimination in a "hypersensitive" environment and was wrongfully fired for unprofessionalism, even though women who engaged in similar conduct went unpunished.
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October 09, 2024
Ohio Worker Says Health Co. Doesn't Pay OT Or Promised Wages
An Ohio healthcare worker has accused provider CareStar Inc. of unlawfully denying her and a proposed class of current and former employees overtime pay and failing to fork over supplemental pay the company promised her.
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October 09, 2024
Del. Justices Told Noncompete Toss Will Upend State Doctrine
An attorney for an Illinois-based auto parts company urged Delaware's Supreme Court on Wednesday to clarify recent court precedent on employee "forfeiture-for-competition" agreements, saying a federal court strike-down of the company's forfeit action against a former manager would be "anathema" to Delaware's "contractarian doctrine and tradition" if upheld.
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October 09, 2024
Truckers' $700K Wage Settlement Gets Final Approval
A California federal judge granted final approval of a $700,000 proposed class action settlement between a class of truck drivers, an agricultural product transportation company and a labor contractor, ending the wage lawsuit Wednesday.
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October 09, 2024
Mich. Justices Open To Atty Fee Bid In Legal Malpractice Case
The Michigan Supreme Court appeared receptive Wednesday to arguments from a lab-grown orchid company that it should be allowed to recover attorney fees incurred in an employment lawsuit the company claimed resulted from legal malpractice.
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October 09, 2024
National Basketball Players Association Head Joins JAMS
An attorney known for becoming the first woman to head a major professional sports union in North America has decided to take the next step of her career at JAMS, the alternative dispute resolution service announced on Tuesday.
Expert Analysis
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Justices' Starbucks Ruling May Limit NLRB Injunction Wins
The U.S. Supreme Court’s recent decision in Starbucks v. McKinney, adopting a more stringent test for National Labor Relations Board Section 10(j) injunctions, may lessen the frequency with which employers must defend against injunctions alongside parallel unfair labor practice charges, say David Pryzbylski and Colleen Schade at Barnes & Thornburg.
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Class Actions At The Circuit Courts: July Lessons
In this month's review of class action appeals, Mitchell Engel at Shook Hardy considers cases touching on pre- and post-conviction detainment conditions, communications with class representatives, when the American Pipe tolling doctrine stops applying to modified classes, and more.
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Biden Policy Gives Employers New Ways To Help Dreamers
A new Biden administration immigration policy makes the process more predictable for Deferred Action for Childhood Arrivals recipients to seek employment visas, and, given uncertainties surrounding DACA’s future, employers should immediately determine which of their employees may be eligible, says Jennifer Kim at Moore & Van Allen.
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How To Comply With Chicago's New Paid Leave Ordinance
Chicago's new Paid Leave and Paid Sick and Safe Leave Ordinance went into effect earlier this month, so employers subject to the new rules should update leave policies, train supervisors and deliver notice as they seek compliance, say Alison Crane and Sarah Gasperini at Jackson Lewis.
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Opinion
A Way Forward For The US Steel-Nippon Deal And Union Jobs
Parties involved in Nippon Steel's acquisition of U.S. Steel should trust the Pennsylvania federal court overseeing a key environmental settlement to supervise a way of including future union jobs and cleaner air for the city of Pittsburgh as part of a transparent business marriage, says retired judge Susan Braden.
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How NJ Worker Status Ruling Benefits Real Estate Industry
In Kennedy v. Weichert, the New Jersey Supreme Court recently said a real estate agent’s employment contract would supersede the usual ABC test analysis to determine his classification as an independent contractor, preserving operational flexibility for the industry — and potentially others, say Jason Finkelstein and Dalila Haden at Cole Schotz.
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Opinion
H-2 Visas Offer Humane, Economic Solution To Border Crisis
Congress should leverage the H-2 agricultural and temporary worker visa programs to match qualified migrants with employers facing shortages of workers — a nonpolitical solution to a highly divisive humanitarian issue, say Ashley Dees and Jeffrey Joseph at BAL.
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PAGA Reforms Encourage Proactive Employer Compliance
Recently enacted reforms to California's Private Attorneys General Act should make litigation under the law less burdensome for employers, presenting a valuable opportunity to streamline compliance and reduce litigation risks by proactively addressing many of the issues that have historically attracted PAGA claims, say attorneys at Mintz.
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Opinion
Now More Than Ever, Lawyers Must Exhibit Professionalism
As society becomes increasingly fractured and workplace incivility is on the rise, attorneys must champion professionalism and lead by example, demonstrating how lawyers can respectfully disagree without being disagreeable, says Edward Casmere at Norton Rose.
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The Show Must Go On: Noncompete Uncertainty In Film, TV
The Federal Trade Commission has taken action to ban noncompetes while the entertainment industry is in the midst of a massive shift away from traditional media, so it is important for studio heads and content owners alike to understand the fate of the rule and their options going forward, say Christopher Chatham and Douglas Smith at Manatt.
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'Outsourcing' Ruling, 5 Years On: A Warning, Not A Watershed
A New York federal court’s 2019 ruling in U.S. v. Connolly, holding that the government improperly outsourced an investigation to Deutsche Bank, has not undercut corporate cooperation incentives as feared — but companies should not completely ignore the lessons of the case, say Temidayo Aganga-Williams and Anna Nabutovsky at Selendy Gay.
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Series
Serving In The National Guard Makes Me A Better Lawyer
My ongoing military experience as a judge advocate general in the National Guard has shaped me as a person and a lawyer, teaching me the importance of embracing confidence, balance and teamwork in both my Army and civilian roles, says Danielle Aymond at Baker Donelson.
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Big Business May Come To Rue The Post-Administrative State
Many have framed the U.S. Supreme Court’s recent decisions overturning Chevron deference and extending the window to challenge regulations as big wins for big business, but sand in the gears of agency rulemaking may be a double-edged sword, creating prolonged uncertainty that impedes businesses’ ability to plan for the future, says Todd Baker at Columbia University.
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A Midyear Forecast: Tailwinds Expected For Atty Hourly Rates
Hourly rates for partners, associates and support staff continued to rise in the first half of this year, and this growth shows no signs of slowing for the rest of 2024 and into next year, driven in part by the return of mergers and acquisitions and the widespread adoption of artificial intelligence, says Chuck Chandler at Valeo Partners.
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A Timeline Of Antisemitism Legislation And What It Means
What began as hearings in the House of Representatives Committee on Education and the Workforce has expanded to a House-wide effort to combat antisemitism and related issues, with wide-ranging implications for education, finance and nonprofit entities, say attorneys at Morgan Lewis.