More Employment Coverage

  • January 26, 2023

    NC Judge Kicks Claim After Doctors Call In 2 States' Laws

    A North Carolina state court judge scrapped a claim that a doctor was engaging in unfair and deceptive practices after a "messy divorce" from his medical partners, ruling that Tar Heel State law excludes doctors in certain commerce claims.

  • January 26, 2023

    New Florida Workforce Housing Bill Aims To Ban Rent Control

    A new bill filed in the Florida Senate Thursday proposes initiatives to boost the production of workforce housing, in addition to prohibiting rent control in all forms.

  • January 26, 2023

    5th Circ. Sets Aside FAA Pilot Credentials Rule

    The Fifth Circuit has set aside a Federal Aviation Administration rule establishing new certification requirements for pilots trained in certain types of aircraft, saying the agency didn't follow proper notice-and-comment procedures before finalizing its rule.

  • January 26, 2023

    Ga. Judges Say Foreign Law Governs In Wrongful Death Suits

    The family of two Georgia men killed in connected trucking accidents on a South Carolina highway can pursue punitive damages in their wrongful death suits against UPS and others under South Carolina law, the Georgia Court of Appeals affirmed Thursday.

  • January 26, 2023

    Messer Faces More Suits Over Fatal Leak At Ga. Poultry Plant

    Messer Gas LLC and its subsidiaries were slapped with another two lawsuits in Georgia state court in relation to a fatal liquid nitrogen leak at a Peach State chicken processing plant by individuals claiming they were permanently injured in the incident.

  • January 26, 2023

    Ex-GC Can't Duck Trade Secrets Suit By Energy Co.

    A New York federal judge has refused to toss a solar company's trade secrets suit against its former general counsel over thousands of allegedly stolen documents, finding that the allegations are adequate to survive the pleading stage.

  • January 26, 2023

    NJ Atty Claiming She Was Fired For Not Lying Will Get Trial

    Two law firm owners accused of retaliatory termination and failure to pay earned commissions have lost their bid to have the lawsuit in New Jersey state court tossed after previously telling Law360 the former employee, who accused them of directing her to lie in an affidavit, was "just making up a lot of stuff."

  • January 25, 2023

    Pfizer Bid To Shield FBI Talks Meets Skeptical Judge

    Questioning the lack of a key affidavit and the sufficiency of a deposition, a federal magistrate judge seemed inclined to reject at least some of Pfizer's arguments to shielding its communications with the FBI from two former executives the company has accused of stealing drug research.

  • January 25, 2023

    Walmart Destroyed Evidence In Amputation Suit, Judge Says

    A Florida federal judge ruled Wednesday that Walmart destroyed evidence in a case in which a delivery driver lost his legs after a collision with a company tractor at a Walmart Inc. distribution center, finding that the company's failure to preserve the tractor, its maintenance logs and surveillance video constituted negligence.

  • January 25, 2023

    Ex-Tech Executive Wants Out Of Digital Realty's Noncompete

    A former executive at a cloud company acquired by Digital Realty Trust has urged North Carolina's highest court to discard an injunction barring him from the network automation industry for three years, saying a lower court incorrectly evaluated a noncompete clause.

  • January 25, 2023

    Walmart Not Covered For Trucking Death Suit, Insurer Says

    Walmart isn't covered for a lawsuit alleging it was negligent in contracting with a shoddy trucking company whose driver caused a fatal accident, an insurer told a Texas federal court, arguing that the retailer can't make use of an additional-insured provision in the trucking company's policy.

  • January 25, 2023

    Ga. Trial Atty Stuck With Ex-Partner's Client-Stealing Claims

    The Georgia State-wide Business Court on Wednesday denied a motion by trial attorney Lloyd N. Bell and his Bell Law Firm to dismiss the remaining claims in a client-stealing case brought by his former co-counsel.

  • January 25, 2023

    Calif. Dentistry Owes $2M In Unpaid Employment Tax, US Says

    A dentistry owes more than $2 million in employment taxes to the federal government and should be barred from paying its workers' wages without paying the associated liabilities, the U.S. told a California federal court Wednesday.

  • January 24, 2023

    Rare COVID Benefits Award Yields Workers' Comp Road Map

    A recent workers' compensation case awarding benefits to the family of a Pennsylvania public transit worker who died of COVID-19 is a rare victory for plaintiffs struggling to convince judges that the virus was caught during the course of employment and is a decision that could open the door to other types of recovery, plaintiffs attorneys say.

  • January 24, 2023

    Southwest Properly Denied Severance To Pilot, Judge Says

    A Texas federal judge tossed out a former Southwest pilot's claim that the airline wrongly denied him a severance package at the onset of the COVID-19 pandemic but kept in play his claim accusing Southwest of making false promises to him.

  • January 24, 2023

    Design Co. Says Insurer Can't Duck $850K Arbitration Award

    The insurer for a design and marketing company cannot escape coverage of an $850,000 arbitration award to a former CEO, the company told a California federal court, saying there was no finding of a deliberate fraudulent act that would exclude coverage of the underlying dispute.

  • January 24, 2023

    EQT Says Ex-Worker's Help Should DQ Plaintiffs' Law Firms

    Natural gas producer EQT Corp. claims a former employee has aided a proposed class action's counsel by providing insider information over the company's abandoned wells, marking another reason to disqualify the plaintiffs' law firms from the West Virginia federal litigation.

  • January 23, 2023

    UMiami Exec Loses Retrial Bid In Hospital Billing Firing Suit

    A former University of Miami compliance officer won't be able to retry his suit claiming he was fired for pushing for an investigation into improper billing within the university's health system, a Florida federal judge ruled Monday.

  • January 23, 2023

    Ill. Grocer Says Policy Exclusion Doesn't Apply To BIPA Suit

    A grocery chain told an Illinois federal court its insurer can't evade coverage for an underlying suit accusing it of violating the state's Biometric Information Privacy Act, arguing that its policy's exclusion for the violation of laws doesn't extend to BIPA allegations.

  • January 23, 2023

    Ex-XFL Commish Wants Pay Clawback Suit Moved To Conn.

    The former commissioner of the defunct XFL football league told a Delaware bankruptcy judge on Monday that an attempt to claw back $11 million of his pay belongs in federal court in Connecticut, instead of the bankruptcy court that oversaw the league's Chapter 11.

  • January 23, 2023

    Pratt & Whitney, 5 Contractors Lose Bid To Toss Antitrust Suit

    A proposed antitrust class action against Raytheon Technologies Corp.'s Pratt & Whitney division and several of its aerospace subcontractors can continue, a Connecticut federal court ruled, rejecting the companies' bid to toss out allegations that they worked together to restrict hiring and suppress salaries.

  • January 23, 2023

    Amazon Hit With BIPA Suit Over COVID Kiosk Data Storage

    An Amazon unit has been sued in Illinois state court by a proposed class of workers claiming it violated the state's biometric privacy law when it stored and profited from their data, collected in screening kiosks used by their employers to comply with COVID-19 restrictions.

  • January 23, 2023

    Former NC Law Firm Partners Sued Over Competing Practice

    A suit filed by Weaver Bennett & Bland PA over an alleged scheme by two former partners to launch a competing operation after pilfering Weaver Bennett clients and employees, was assigned on Friday to a North Carolina state judge specializing in complex business disputes.

  • January 23, 2023

    Mass. House Bill Seeks Tax On Cos. With Highly Paid Execs

    Massachusetts would enact an additional corporate income tax on some companies whose top earners receive more than 50 times their median earners under legislation introduced in the state House.

  • January 20, 2023

    Norton Cheated US In Whistleblower Case, Judge Finds

    A federal judge has ruled that NortonLifeLock owes the U.S. just a fraction of the $280 million in False Claims Act damages the U.S. requested for alleged overcharges, saying the government proved liability during a four-week bench trial but left a gaping hole when it came to proof of damages.

Expert Analysis

  • FTC's Noncompete Proposal Is Based On Misrepresentations

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    In recently announcing a proposal to ban virtually all employee noncompetes, the Federal Trade Commission made numerous misrepresentations about their use and effects, and the agency's limited enforcement powers do not give it license to mandate such a rule, say Erik Weibust and Stuart Gerson at Epstein Becker.

  • How Cos. Can Prep For Enforcement Of Calif. Privacy Laws

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    With the California Privacy Rights Act and the California Consumer Privacy Act newly in effect, covered businesses must now provide employees with the full scope of rights under these laws, and prepare adequate compliance plans with regard to the new set of requirements that will apply to employees and job applicants, says Kendall Fisher-Wu at Hanson Bridgett.

  • Trial Lawyers Rejoice: Justices May Clarify Issue Preservation

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    The U.S. Supreme Court's recent grant of certiorari in Dupree v. Younger should be a boon to trial and appellate lawyers as the decision will likely standardize a rule for appellate issue preservation, bringing much-needed clarity to an area critical to general litigation success, says Jeremy Christiansen at Gibson Dunn.

  • How NJ Employers Should Plan For State WARN Act Overhaul

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    Almost three years after they were signed into law, the amendments to New Jersey's WARN Act will finally take effect in April, so Garden State employers should be mindful of the significant changes that make this arguably the most arduous WARN statute in the U.S. and the dramatically different landscape they will face going forward, say attorneys at Duane Morris.

  • Action Steps For Gov't Contractors On The OFCCP Audit List

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    Federal contractors and subcontractors on the list of firms flagged for a 2023 audit by the Office of Federal Contract Compliance Programs should inform their point of contact to watch for an advance audit notice, but shouldn't wait to identify potential indicators of discrimination and otherwise begin preparations, say Andrew Turnbull and Sadé Tidwell at MoFo.

  • How FTC's Noncompete Proposal May Affect Gov't Contracts

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    The Federal Trade Commission’s recently proposed ban on most noncompete agreements would have drastic consequences for procurements in the government contracting sector by prohibiting routine agreements that help ensure the availability of key personnel and the confidentiality of sensitive information, say attorneys at Maynard Cooper.

  • FTC Noncompete Ban May Face Intensified Judicial Hurdle

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    The Federal Trade Commission projects that 30 million workers could be freed from noncompetes under the agency's proposed ban, but first the rule could face a judicial obstacle under the U.S. Supreme Court's recently promulgated "major questions doctrine," says Kendall Coffey at Coffey Burlington.

  • 6 Antitrust Compliance Tips For Employers From MLB Probe

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    Major League Baseball's recent investigation into possible collusion between the Mets and Yankees — involving then-free agent Aaron Judge — can teach employers of all types antitrust lessons in a time when competition for top talent is fierce, says Mohamed Barry at Fisher & Phillips.

  • Keys To A 9-0 High Court Win: Get Back To Home Base

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    When I argued for the petitioner in Morgan v. Sundance before the U.S. Supreme Court last year, I made the idea of consistency the cornerstone of my case and built a road map for my argument to ensure I could always return to that home-base theme, says Karla Gilbride at Public Justice.

  • FTC Proposal Jumps The Gun On Banning Noncompetes

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    The Federal Trade Commission's proposed rule to ban noncompete employment agreements nationwide exceeds both the evidence of harm to workers and the commission's rulemaking authority, forcing an open economic debate to a premature conclusion, say Daniel Gilman and Brian Albrecht at the International Center for Law & Economics.

  • Proposed Immigration Fee Increases May Have A Silver Lining

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    The recent proposal to increase immigration filing fees may help U.S. Citizenship and Immigration Services improve efficiency, and even the 2,050% increase in the cost of registering for the H1-B lottery may have an upside, say Rebecca Bernhard and Mike Sevilla at Dorsey & Whitney.

  • Atty-Client Privilege Arguments Give Justices A Moving Target

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    Recent oral arguments before the U.S. Supreme Court in a case regarding the scope of the attorney-client privilege appeared to raise more questions about multipurpose counsel communications than they answered, as the parties presented shifting iterations of a predictable, easily applied test for evaluating the communications' purpose, say Trey Bourn and Thomas DiStanislao at Butler Snow.

  • 2nd Circ. Ruling Is A Cautionary Tale On Arbitration Motions

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    The Second Circuit's recent Zachman v. Hudson Valley Federal Credit Union pro-arbitration decision does not gel with U.S. Supreme Court precedent, and to avoid giving out second chances on motions to compel arbitration, plaintiffs attorneys should ensure all of the defendant's evidence has been produced, says Raphael Janove at Pollock Cohen.