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Employment
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April 03, 2024
Fla. Magistrate Nixes Recusal Bid In CBD Co. Securities Suit
A Florida federal magistrate judge has shot down an effort to have her disqualified from a securities fraud case against a CBD company for remarks she allegedly made during a March settlement conference, saying the plaintiffs' arguments in favor of recusal were "legally insufficient" to establish bias.
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April 03, 2024
9th Circ. Skeptical Of ADA Suit Against Buddhist Temple
The Ninth Circuit appeared hesitant Wednesday to revive a former live-in apprentice's disability bias suit against a Buddhist temple, with a panel suggesting that his maintenance duties didn't place him outside the scope of a ministerial exception to anti-discrimination law.
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April 03, 2024
NJ Tax Preparer Accused Of $150M COVID Relief Fraud
A New Jersey tax preparer has been indicted over what prosecutors are calling a yearslong scheme in which he filed more than 1,600 bogus tax forms seeking over $150 million in COVID-19-related employment tax credits for his clients and his own businesses that they weren't eligible for, the U.S. Department of Justice announced Wednesday.
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April 03, 2024
NLRB Defends Urging Calif. Court To Defy 5th Circ. In SpaceX
The National Labor Relations Board's suggestion that a California federal court should keep a transferred constitutional challenge from SpaceX even after the Fifth Circuit reversed the transfer was an act of "zealous advocacy" for itself, the board said Wednesday, responding to urgent questions from the appeals panel.
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April 03, 2024
UMich Says Law Prof's FMLA Leave Can't Prevent Discipline
The University of Michigan told a federal judge Wednesday that a law professor's need for medical leave did not mean administrators couldn't discipline her for allegedly walking out on certain teaching responsibilities, rebutting her claims that the university's actions were because of her race or gender.
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April 03, 2024
9th Circ. Doubts Kosher Tester's Religious Carveout Challenge
A Ninth Circuit panel on Wednesday seemed skeptical of a worker's argument that the ministerial exception does not apply to his suit accusing an Orthodox Jewish organization of failing to pay him overtime for his work making sure grapes used for wines were kept kosher.
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April 03, 2024
Bank Wraps Up Ex-VP's Age Discrimination Suit
A community bank reached an agreement with a former senior vice president to end his age bias lawsuit accusing the bank of forcing him into a rigorous interview process and then replacing him with someone 20 years his junior, the parties told a Florida federal court Wednesday.
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April 03, 2024
BlackBerry Fired Worker Harassed By Executive, Suit Says
BlackBerry swept away a former employee's allegations that an executive sexually harassed her and then fired her to make way for his ascension to CEO, according to a complaint filed Wednesday in California federal court.
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April 03, 2024
Groups Fight DOL's Bid To Toss Suit Challenging Wage Rule
A pair of construction industry trade groups urged a Texas federal court to preserve their challenge to a U.S. Department of Labor rule that revises prevailing wage calculations for federally funded projects, arguing that the rule injures both them and the firms they represent.
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April 03, 2024
Joonko Tells Chancery Ex-CEO Shouldn't Get Legal Fees
Defunct job board startup Joonko, which closed last year after its CEO resigned amid fraud allegations, told Delaware's Court of Chancery on Wednesday that it has no obligation to advance her defense costs in federal government investigations because she is no longer a director or officer of the company.
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April 03, 2024
3rd Circ. Judge Wonders If Philly Union Rule Dispute Is Moot
A Third Circuit judge on Wednesday wondered whether a former Philadelphia mayor's order requiring contractors to pay dues to "city-approved" unions was now moot, given the new administration's assurances that it won't be implemented, as contractors urged the court to find that the scrapped rule should be banned by law.
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April 03, 2024
Hospital Workers' Vax Free Speech Suit Falls Flat At 6th Circ.
The Sixth Circuit backed the dismissal of two workers' claims that a children's hospital violated their constitutional rights when it rejected their religious objections to a COVID-19 vaccine mandate, saying Wednesday they failed to show the hospital was a government actor.
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April 03, 2024
14 AGs Urge DOL To Seek More Payroll Info From Contractors
Contractors performing construction, alteration or repair work on government buildings should have to give the U.S. Department of Labor more detailed information about the deductions they take from workers' wages, a coalition of Democratic state attorneys general told the agency in a letter publicized Wednesday.
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April 03, 2024
Cannabis Cos. Agree To Proposed Deal In Workers' Wage Suit
A New Mexico federal judge has given preliminary approval to a $525,000 deal that would end a cannabis-employee-led lawsuit accusing dispensary owners of taking a large portion of tips meant for retail workers and giving them to store managers and supervisors.
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April 03, 2024
Auto Insurer Seeks Payback After $2M Car Crash Settlement
A business insurer of a man who crashed a rental car into a motorcyclist while working in Los Angeles should pay something in connection with a $2 million settlement with the injured biker, an auto insurer told a California federal court, seeking to recoup its expenses.
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April 03, 2024
Ex-NFL Player's Disability Benefits Suit Tossed As Too Late
A Florida federal judge threw out a suit from a former NFL player who said fraud made him miss out on the disability benefits he was owed, ruling he missed the deadline to challenge the decision that lowered his payments.
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April 03, 2024
Fed. Circ. Backs Firing IRS Agent Who Golfed On Agency Time
A former senior appraiser for the Internal Revenue Service was appropriately fired for golfing on company time, a federal appeals court affirmed Wednesday.
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April 02, 2024
Ye Spewed Anti-Jewish And LGBTQ Hate, Fired Worker Says
Rapper Ye, his companies and Donda Academy were hit with a discrimination suit in California state court Tuesday by a former employee who accuses Ye of threatening to cage students, spewing hateful rhetoric against Jewish people and the LGBTQ community, and treating Black employees far worse than white staffers.
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April 02, 2024
Northwestern Must Face Fired Football Coach's $130M Suit
An Illinois state judge refused Tuesday to dismiss fired Northwestern University football coach Pat Fitzgerald's $130 million contract breach suit alleging he was terminated without cause amid a monthslong probe into hazing allegations, teeing up the case for trial in April 2025.
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April 02, 2024
3rd Circ. Preview: Black Lung, Back Pay On Tap In April
The Third Circuit this month will consider Keystone Coal Mining Co.'s contention that a lower court erred in deeming a miner's black lung a "total disability," while a shuttered rehabilitation facility has asked the court to undo the National Labor Relations Board's determination that it owes unionized employees back pay and bonuses for work done during the COVID-19 pandemic.
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April 02, 2024
Ga. Judge Tosses Ex-Police Chief's Retaliation Suit
A Georgia federal judge has freed the city of Austell from a lawsuit brought against it by its former police chief, who alleged that he was forced out of his job after three years of raising concerns about the safety of department facilities.
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April 02, 2024
'Road Not Taken': Uber Defends Verdict With Poetic Flair
Making reference to Robert Frost's poem "The Road Not Taken," Uber Technologies Inc. on Monday said a group of UberBlack drivers chose their road when they urged a Pennsylvania federal court to consider less than a unanimous verdict, and could not turn back around when the jurors leaned toward declaring them independent contractors.
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April 02, 2024
2 More Poultry Cos. Settle Wage-Fixing Suit
Poultry processing workers sought preliminary approval Monday for deals with Case Foods Inc. and Mountaire Farms totaling $22 million that would make the companies the 10th and 11th wage-fixing defendants to settle out of a broader Maryland federal court case where total payouts reach $217.25 million.
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April 02, 2024
Transportation Department Finalizes New Train Crew Size Rule
The U.S. Department of Transportation's Federal Railroad Administration on Tuesday finalized a rule requiring freight trains to be operated with at least two people, forging ahead with a mandate long supported by rail workers' unions and safety advocates, but one that major rail carriers have decried as unnecessary and costly.
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April 02, 2024
Ex-Army Officer Says Gov't Smeared Him With False Claims
A former major general in the U.S. Army on Tuesday sued the U.S. Department of Defense and others, alleging that the government wrongly recorded him as having assaulted his partner, despite her recanting the allegations and admitting they were a ploy to seek attention.
Expert Analysis
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5 Steps For Healthcare Companies After Biden's AI Order
Rather than simply monitoring for the issuance of agency guidelines on artificial intelligence in the wake of President Joe Biden's October executive order, health and life sciences companies should take action now and begin building internal operational and technical infrastructures designed to govern the use of AI, says Joy Sharp at Faegre Drinker.
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Del. Ruling Shows Tension Between 363 Sale And Labor Law
The Delaware federal court's ruling in the Braeburn Alloy Steel case highlights the often overlooked collision between an unstayed order authorizing an asset sale free and clear of successor liability under Section 363 of the Bankruptcy Code and federal labor law imposing successor liability on the buyer, say attorneys at Proskauer.
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How Clients May Use AI To Monitor Attorneys
Excerpt from Practical Guidance
Artificial intelligence tools will increasingly enable clients to monitor and evaluate their counsel’s activities, so attorneys must clearly define the terms of engagement and likewise take advantage of the efficiencies offered by AI, says Ronald Levine at Herrick Feinstein.
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A New Wave of Guidance For Safer Seas Act Compliance
Since Congress passed the Safer Seas Act, its ambiguous requirements have left stakeholders unsure how to fulfill the law's goals of making U.S.-flagged vessels safer for crews and passengers — but recent guidance from the U.S. Coast Guard should help owners and operators achieve compliance, say attorneys at Holland & Knight.
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Navigating Issues Around NY Freelancer Pay Protection Bill
New York’s recently signed Freelance Isn’t Free Act was designed to protect freelance workers, but leaves business to navigate challenges such as unclear coverage, vague contract terms and potentially crushing penalties, says Richard Reibstein at Locke Lord.
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How AI Executive Order Aims To Compete For Foreign Talent
Immigration provisions within the Biden administration's executive order on artificial intelligence take a strategic approach to promoting the U.S. as a destination for AI and STEM talent by streamlining visa processing, enhancing educational and exchange programs, and improving current visa programs and pathways to permanent residency, says Eric Bord at Morgan Lewis.
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Series
The Pop Culture Docket: Judge D'Emic On Moby Grape
The 1968 Moby Grape song "Murder in My Heart for the Judge" tells the tale of a fictional defendant treated with scorn by the judge, illustrating how much the legal system has evolved in the past 50 years, largely due to problem-solving courts and the principles of procedural justice, says Kings County Supreme Court Administrative Judge Matthew D'Emic.
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The Key To Defending Multistate Collective FLSA Claims
Federal circuit courts are split on the reach of a court's jurisdiction over out-of-state employers in Fair Labor Standards Act collective actions, but until the U.S. Supreme Court agrees to review the question, multistate employers should be aware of a potential case-changing defense, say Matthew Disbrow and Michael Dauphinais at Honigman.
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Ill. Temp Labor Rules: No Clear Road Map For Compliance
While the delay of a particularly thorny provision of the Illinois temporary worker law will provide some short-term relief, staffing agencies and their clients will still need to scramble to plan compliance with the myriad vague requirements imposed by the other amendments to the act, say Alexis Dominguez and Alissa Griffin at Neal Gerber.
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Series
Performing Music Makes Me A Better Lawyer
The discipline of performing live music has directly and positively influenced my effectiveness as a litigator — serving as a reminder that practice, intuition and team building are all important elements of a successful law practice, says Jeff Wakolbinger at Bryan Cave.
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How EU Sustainability Directive Will Improve Co. Reporting
The need for organizations to make nonfinancial disclosures under the recently adopted EU Sustainability Reporting Standards will significantly change workforce and human rights reporting, and with the objective of fostering transparency, should bring about an increased focus on risks, policies and action plans, say Philip Spyropoulos and Thomas Player at Eversheds Sutherland.
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Aviation Watch: Pilots Face Mental Health Catch-22
The recent case of an Alaska Airlines pilot who attempted to crash an airliner in flight highlights the dilemma facing federally licensed cockpit personnel who need psychological help, yet could lose their jobs if they seek it — but a long-running program may provide a solution, says Alan Hoffman, a retired attorney and aviation expert.
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How 'As Such' Changes LPs' Self-Employment Tax Exposure
In light of the U.S. Tax Court’s recent Soroban Capital Partners decision hinging on "as such" to define the statutory limited partners exemption, state law limited partnerships should consider partners' roles and responsibilities before determining whether they are obligated to pay self-employment income tax, say attorneys at Morgan Lewis.
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Tips For Defeating Claims Of Willful FLSA Violations
As employers increasingly encounter wage and hour complaints under the Fair Labor Standards Act, more companies could face enhanced penalties for violations deemed willful, but defense counsel can use several discovery and trial strategies to instead demonstrate the employer’s commitment to compliance, say Michael Mueller and Evangeline Paschal at Hunton.
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5th Circ. Ruling Sets Bostock, Faith Exemption Up For Review
The Fifth Circuit's Braidwood v. Equal Employment Opportunity Commission decision could tee up U.S. Supreme Court review of whether employing an individual to whose protected class the employer objects infringes on the employer's religious beliefs, potentially narrowing LGBTQ worker protections from the high court's 2020 Bostock v. Clayton County decision, says Adam Grogan at Bell Law.