More Employment Coverage

  • May 04, 2021

    Electric Car Co. Loses Privilege Over Docs On Atty's Firing

    A California federal judge ruled Monday that Faraday Future waived attorney-client privilege on documents surrounding its employment agreement with a former Mayer Brown LLP partner accusing the electric car startup of tricking him into accepting an in-house job, as well as documents connected to his termination.

  • May 04, 2021

    Texas Mutual Wants End To La. Workers' Comp Payment Suit

    Texas Mutual Insurance Co. wants a state appeals court to find that it is not required to reimburse a construction company for workers' compensation benefit payments made to an out-of-state employee, arguing that the trial court's ruling to the contrary would lead to "absurd results."

  • May 04, 2021

    Ex-AT&T Workers Get Second Stab At Foreign Trade Benefits

    The U.S. Department of Labor must reconsider a decision denying former AT&T employees access to a program for American workers replaced by foreign labor, after the U.S. Court of International Trade found Tuesday that the department had failed to consider evidence of outsourcing.

  • May 04, 2021

    Ind. Agency Says State Will Tax Unemployment Compensation

    Indiana will not conform to the federal tax code provision offering a tax exclusion for unemployment compensation, the state Department of Revenue said in guidance about federal tax code changes enacted under legislation providing relief for the coronavirus pandemic.

  • May 04, 2021

    Tai Sees North American Trade Deal As Base For New Policies

    U.S. Trade Representative Katherine Tai touted the U.S.-Mexico-Canada Agreement's strengthened labor and environmental rules on Tuesday, but said that the deal should serve as a starting point for future accords to address shortfalls.

  • May 04, 2021

    Ga. Bar Says No Basis For MAGA Atty Wood's Discipline Fight

    Georgia's attorney disciplinary board is asking a federal judge to dismiss an attempt by Atlanta attorney L. Lin Wood to shake its request he undergo a mental health evaluation, saying a federal court shouldn't intervene in an attorney conduct matter.

  • May 04, 2021

    Celonis Appoints Netcracker Tech Veteran As Its 1st CLO

    Data mining startup Celonis said Tuesday that it had hired a former Netcracker Technology chief legal officer and chief compliance officer as its first chief legal officer.

  • May 03, 2021

    Florida Gov. Signs Bill Banning Vaccine Passports

    Florida Gov. Ron DeSantis signed a bill Monday that bans so-called COVID-19 vaccine passports, enshrining into law what he'd previously enacted through an April executive order, according to a release from his office.

  • May 03, 2021

    IRS Seeks Comments On Paid Leave, Exchange, Tips Forms

    The IRS requested comments Monday on the information collection burden posed by forms for reporting property exchanges and tips and receipts, and those used to claim credits for paid family and medical leave or oil and gas production.

  • April 30, 2021

    PE Firms Want Out Of Pot RICO Suit Against Harvest, Verano

    A pair of Canadian private equity firms named in a man's sprawling racketeering suit alleging cannabis companies Verano Holdings LLC and Harvest Health & Recreation Inc. were responsible for his arrest have asked a federal judge in Colorado to dismiss the case or put it on hold so it can be handled via arbitration.

  • April 30, 2021

    Pa. High Court Points Way To Valid Employer No-Poach Deals

    While the Pennsylvania Supreme Court unanimously deemed a broad no-poach agreement between two companies void as a matter of public policy Thursday, attorneys say the justices left the door open for employers to respond with more narrowly tailored provisions designed to pass legal muster.

  • April 30, 2021

    4th Circ. Nixes Nuclear Engineer's Gov't Whistleblower Suit

    The Fourth Circuit rejected a whistleblower suit brought by a Nuclear Regulatory Commission engineer against the agency, noting in a decision on Friday that the relevant laws and U.S. Supreme Court decisions only protect tipsters from retaliation by "persons" and not government entities.

  • April 30, 2021

    Judge Says Ex-Worker Got Source Code Deleted In $10M Row

    A Texas magistrate judge has recommended granting a default win to a unit of a Danish software provider for oil and gas companies after finding that the colleague of a former sales manager accused of swiping over $10 million in trade secrets went "into the bowels of the system" to permanently delete source codes at their new company within days of a preliminary injunction.

  • April 30, 2021

    BIPA Suit Preempted By Workers' Comp Law, Ill. Justices Told

    Nursing home operator Symphony Bronzeville Park urged the Illinois Supreme Court on Friday to reverse a state appellate court's finding that Illinois' workers' compensation law doesn't preempt claims for statutory damages under its biometric privacy statute, saying a former employee is seeking a new, judicial exception for her alleged workplace injury.

  • April 30, 2021

    Texas Justices Say Injured Man Was Employee, Not Contractor

    A contract between a temporary staffing agency and Waste Management that labels workers as independent contractors isn't enough to defeat evidence that an injured worker suing the company is considered an employee under the Workers' Compensation Act, the Texas Supreme Court held Friday in tossing the suit.

  • April 30, 2021

    ADT Must Face Ex-VP's Whistleblower Suit In NJ

    The New Jersey state appeals court on Friday revived a whistleblower suit brought by a former vice president of security alarm company ADT LLC, ruling that more findings were needed to determine if the ex-employee's arbitration agreement with the company's predecessor was enforceable.

  • April 30, 2021

    Execs Say UK Lacks Authority Over Trade Secret Theft Claims

    Two former Semtech executives accused of conspiring with a British satellite communications company argued on Friday that England has no jurisdiction over the trade secret and copyright claims against them since they had worked for the semiconductor maker in France.

  • April 30, 2021

    Ex-Pats Coach, Foundation Reach Deal In Pay Dispute

    Former New England Patriots assistant coach Bret Bielema and a University of Arkansas booster group have settled fraud claims centering on the coach's contract buyout as part of his dismissal from the school and subsequent role with the NFL franchise, according to a Thursday court filing.

  • April 29, 2021

    Sen. Wyden's Bill Seeks Matching Of Student Loan Payments

    Employers could contribute to employee retirement accounts when workers make payments toward their student loan debts under a bill released Thursday by Sen. Ron Wyden, chairman of the Senate Finance Committee.

  • April 29, 2021

    Staffing Platform ShiftPixy Files 4 SPACs Exceeding $1B

    Business staffing firm ShiftPixy Inc. filed initial public offerings for four special purpose acquisition companies that would raise $1.25 billion combined, hoping to acquire and take public multiple businesses, under guidance from Loeb & Loeb LLP.

  • April 29, 2021

    Texas Panel Says Drug Testing Co. Owes Duty To Fired Worker

    A Texas appellate court on Thursday revived a lawsuit brought by a pipe fitter who alleged he was wrongly fired after a false positive test result for cocaine, holding that the trade association that collected his biological sample and the laboratory that tested it owed him a duty of care in handling the sample.

  • April 29, 2021

    Jury Clears Drilling Tech Firm In $35M Trade Secrets Suit

    A Houston jury decided Thursday that a former chief engineer for FMC Technologies Inc. did not misappropriate its design drawings when he moved to competing subsea drilling technology firm Dril-Quip Inc.

  • April 29, 2021

    Pa. Justices Bar No-Hire Clauses Between Businesses

    The Supreme Court of Pennsylvania barred part of an agreement between two Pittsburgh shipping companies that said one company wouldn't hire the other's employees, ruling Thursday that such agreements were unreasonable restrictions of trade.

  • April 29, 2021

    11th Circ. Affirms Tossing Of Defamation Suit Against Fla. Bar

    An attorney disbarred after a dispute about client settlement funds can't sue the Florida Bar for defamation over a grievance letter detailing the underlying allegations, the Eleventh Circuit has held.

  • April 29, 2021

    DOL Chief Says $14B Budget Necessary To Up Enforcement

    The Biden administration's $14.2 billion discretionary funding request for the U.S. Labor Department would help to hire staff to address worker misclassification and other wage issues and policies, agency chief Marty Walsh told a House subcommittee.

Expert Analysis

  • OSHA May Be Closer To Getting COVID-19 Regs On Track

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    The Occupational Safety and Health Administration missed an initial deadline for issuing COVID-19 emergency temporary standards, but the confirmation of Marty Walsh as labor secretary this week and recent agency actions could mean an ETS is coming soon, and mask wearing in the workplace is one area the order might address, says Gabrielle Sigel at Jenner & Block.

  • SEC Shouldn't Target Funds With New ESG Task Force

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    The U.S. Securities and Exchange Commission's new environmental, social and governance enforcement initiative’s focus on investment advisers and funds is misguided and could distract from the pursuit of true misconduct stemming from material omissions in corporate disclosures, upon which fund strategies are based, say Richard Kirby and Beth-ann Roth at R K Invest Law.

  • 10 Ways Employers Can Guard Against Retaliation Claims

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    As pandemic-related employee retaliation claims are expected to rise, employers must take steps to institute clear policies on access to company documents and confidential information, and ensure their disciplinary policies on document theft stand up to scrutiny, say Angelique Newcomb and Liran Messinger at Littler.

  • Judging A Book: Bibas Reviews Rakoff's 'Why The Innocent Plead Guilty'

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    In "Why the Innocent Plead Guilty and the Guilty Go Free,” U.S. District Judge Jed Rakoff catalogues the many ways our criminal justice system is broken, and in doing so, gives the public an intimate look into the thoughts, reasoning and personal experiences of a renowned federal judge, says Third Circuit Judge Stephanos Bibas.

  • For Law Firm Digital Marketing, Less Is Sometimes More

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    Attorneys and law firms often look to cast the widest net possible and maximize online impressions, when they should be focusing their digital marketing efforts on fewer, better-qualified prospects, says Guy Alvarez at Good2BSocial.

  • Showing An Employer's Ability To Pay In Immigrant Petitions

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    Employers can minimize ability-to-pay challenges to their immigrant petitions by considering their timing and tailoring supporting evidence to address questions the U.S. Department of Labor and U.S. Citizenship and Immigration Services are most likely to ask about their financial circumstances, say Anita Smalley and Douglas Halpert at Hammond Neal.

  • 3 Ways To Plan For A Possible Federal Ban On Noncompetes

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    Following last month's reintroduction of a federal bill seeking to ban or limit the use of employee noncompetes, companies should explore alternative avenues to protect trade secrets, confidential business information, customer goodwill and other legitimate business interests, say Russell Beck and Erika Hahn at Beck Reed.

  • Protecting Trade Secrets In The Remote Workplace

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    A Pennsylvania federal court's recent decision in M3 USA Corp. v. Hart provides guidance for employers on protecting trade secrets when remote employees leave, and highlights associated jurisdictional issues to consider when bringing litigation against a remote employee, say Jeffrey Csercsevits and Kelsey Beerer at Fisher Phillips.

  • Strategies For Fighting Back Against A Rambo Litigator

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    If your opposing counsel is a so-called Rambo litigator, there are ways to turn their scorched-earth litigation tactics and ad hominem attacks into assets that favor your client, says Margeaux Thomas at Thomas Law.

  • Court Erred In Barring Late DOJ Intervention In FCA Case

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    A Tennessee federal court's novel approach in U.S. v. SouthEast Eye Specialists, barring U.S. Department of Justice intervention in a False Claims Act suit, is unsupported the statute, frustrates its purpose, may impede DOJ enforcement and should be rejected, say Catherine Dorsey at Baron & Budd and Jacklyn DeMar at Taxpayers Against Fraud Education Fund.

  • 1 Year Into Pandemic, It's Time To Rethink Law Firm Billing

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    The particular tasks for which a law firm client can expect to be billed have become unpredictable in the era of COVID-19, making flat fees and other alternative fee arrangements more attractive for both in-house and outside counsel, says Jessica Hodkinson at Panasonic.

  • What Companies Should Know About SIGPR Oversight

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    Brian Miller, the special inspector general for pandemic recovery, discusses what companies and attorneys can do to avoid CARES Act fraud, how his team approaches protecting taxpayer money, and some of the challenges and successes SIGPR faced building an agency from the ground up amid a pandemic.

  • Inconsistent COVID Travel Bans Are Hurting The US

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    The current criteria for exceptions to U.S. pandemic-related travel bans — established by the flurry of inconsistent guidance that's been issued, revised, rescinded and resurrected this past year — are irreconcilable, harming U.S. companies, workers and our economy, says Angelo Paparelli at Seyfarth Shaw.

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