Employment

  • September 18, 2024

    5th Circ. Axes Bargaining Order Against Legal Support Firm

    The Fifth Circuit reversed a National Labor Relations Board bargaining order Wednesday against a legal support consulting firm, determining certain workers within the unit are supervisors who can't unionize under federal labor law.

  • September 18, 2024

    Teamsters Won't Endorse Candidate In 2024 Election

    The International Brotherhood of Teamsters announced Wednesday it will not endorse a candidate in the upcoming presidential election, citing its polling of members and a lack of commitment from major party candidates on issues key to the union. 

  • September 18, 2024

    Ex-Amgen Rep Wasn't Original Whistleblower, Judge Says

    A Brooklyn federal judge tossed a former Amgen sales representative's whistleblower suit on Wednesday, saying many elements of his allegations of a kickback scheme had been disclosed in news reports and civil lawsuits prior to his filing.

  • September 18, 2024

    Combs Denied Bail, Feds Cite 'Massive' Trafficking Evidence

    A Manhattan federal judge on Wednesday denied bail for Sean "Diddy" Combs, upholding an earlier detention order despite a pitch by the hip-hop mogul accused of violent sex trafficking to be released to his luxe Miami Beach island home while awaiting trial.

  • September 18, 2024

    Senate Panel Backs Bill Easing Pot Rules For Federal Hires

    A Democrat-backed bill that would curb federal agencies' ability to use past medical or recreational cannabis use as a factor in hiring and security clearance decisions was advanced out of a Senate committee Wednesday, paving the way for a vote before the whole chamber.

  • September 18, 2024

    EEOC Nabs $85K For Ex-Walmart Worker Who Needed Leave

    Walmart has agreed to pay a former sales associate $85,000 to resolve a U.S. Equal Employment Opportunity Commission suit claiming the retail giant fired her when she requested medical leave to treat her Crohn's disease, according to a North Carolina federal court filing.

  • September 18, 2024

    Mich. Justices To Hear 911 Dispatcher's Whistleblower Appeal

    The Michigan Supreme Court will consider whether a 911 operator's complaint about a supervisor's handling of a call was protected activity under the state's whistleblower law, the justices said Wednesday.

  • September 18, 2024

    Del. Justices Grapple With Noncompete Litigation Limits

    An attorney for residential solar power system dealer Sunder Energy LLC told Delaware's top court Wednesday that the Chancery Court last year relied on a case record "procedurally anomalous and bereft of fact" when it denied a preliminary injunction in a noncompete suit targeting a co-founder and two competitors.

  • September 18, 2024

    Universal Studios Skimped On Workers' Pay, Suit Says

    Universal Studios Hollywood shorted nonexempt employees on all wages owed to them by failing to pay them for necessary pre- and post-shift tasks, and neglected to provide workers with adequate meal and rest periods, a proposed class action filed in California state court said.

  • September 18, 2024

    Conn. Investment Adviser Stole Secrets, Ex-Employer Says

    An employee of a Connecticut investment advisory firm started a competing company and solicited his employer's clients before suddenly resigning and taking trade secrets to his new business, according to a new lawsuit in state court.

  • September 18, 2024

    Mass. Appeals Court Backs Pot Shop's Arbitration Agreement

    A Massachusetts medical marijuana dispensary can enforce an arbitration clause in its employment agreement even when it did not specify the rights a worker was waiving, an intermediate state appellate court has said.

  • September 18, 2024

    NCAA Must Give Up Control To Reach Suitable NIL Settlement

    The date set by a California federal judge for the NCAA and the athletes suing it over name, image and likeness compensation to iron out issues with their proposed $2.78 billion settlement is fast approaching, and according to experts, a rational solution that would satisfy the two sides and the law might not exist.

  • September 18, 2024

    Ex-Employees Can Bring ADA Benefits Suits, High Court Told

    A retired Florida firefighter called on the U.S. Supreme Court to find that former employees can bring claims under the Americans with Disabilities Act pertaining to post-employment benefits, challenging an Eleventh Circuit ruling that determined only current employees can file these disability bias suits.

  • September 18, 2024

    Thermo Fisher Late To Pay Departing Workers, Engineer Says

    Thermo Fisher Scientific Inc. and a subsidiary failed to promptly pay all final wages and unused vacation time to departing employees and must now cough up three times the amount of that compensation because of its violation of Massachusetts law, according to a proposed class action filed in state court.

  • September 18, 2024

    Gibson Dunn Loses Fee Fight With Ex-Partner

    Gibson Dunn & Crutcher LLP must pay an additional $141,000 in legal fees to ex-partner and hotshot appellate attorney Mark A. Perry, on top of the roughly $585,000 the firm owes him after losing a legal battle over his departure to Weil Gotshal & Manges LLP.

  • September 18, 2024

    Weinstein Pleads Not Guilty To New Sex Assault Charge

    Harvey Weinstein pled not guilty to a new sexual assault indictment in Manhattan state court on Wednesday as he faces a November retrial after his earlier New York rape conviction was vacated.

  • September 18, 2024

    Penn State To Pay Over $703K To End DOL Pay Bias Probe

    Penn State University said Wednesday it will pay over $703,700 to resolve U.S. Department of Labor allegations that it paid dozens of women working in maintenance, research, teaching and administrative positions less than their male counterparts.

  • September 18, 2024

    FBI Agent's Firing Squares With First Amendment, Feds Say

    The U.S. Department of Justice asked a District of Columbia federal judge to reject First Amendment claims by Peter Strzok, the FBI agent who was fired in 2018 after his disparaging text messages about Donald Trump became public and caused a scandal for the agency.

  • September 18, 2024

    Chicago Slams Airline Group's Suit Against Sick Leave Law

    Chicago's recently enacted paid sick leave law doesn't clash with federal law because it doesn't affect airlines' prices or routes, the city said, urging an Illinois federal judge to toss a trade group's challenge to the ordinance.

  • September 18, 2024

    House Panel Members Question Legitimacy Of Axed Tip Rule

    A U.S. House panel chair criticized Wednesday a tip credit rule that the Fifth Circuit recently vacated, calling it burdensome and out of touch.

  • September 18, 2024

    9th Circ. Breathes New Life Into Swimmers' Boycott Suit

    The Ninth Circuit has revived a class action from the International Swimming League and a trio of competitive swimmers accusing the sport's global governing body of orchestrating a de facto boycott of the upstart league, overruling a district court that threw out the case.

  • September 18, 2024

    Car Dealership Strikes Deal To End EEOC Disability Bias Suit

    A Maryland car dealership agreed to settle a U.S. Equal Employment Opportunity Commission lawsuit alleging it demoted and ultimately fired an employee because she suffered a traumatic brain injury in a motorcycle crash, according to a federal court order.

  • September 18, 2024

    Worker Drops Suit Alleging Retaliation For Discussing Wages

    A former employee of a company that designs and manufactures radiation detection devices dropped his suit accusing the company of firing him in retaliation for discussing wages with his colleagues, according to a filing in Connecticut state court.

  • September 18, 2024

    DraftKings Fired Engineer After Leave Request, Suit Says

    A former senior engineer for DraftKings Inc. says he was fired in retaliation for asking to take parental leave last year, according to a lawsuit filed in Massachusetts state court.

  • September 17, 2024

    DOJ Investigating Alaska US Atty's Office, Murkowski Says

    Sen. Lisa Murkowski revealed Tuesday that the U.S. Department of Justice is investigating the U.S. attorney's office in Anchorage following the resignation of an Alaska federal judge who reportedly had an "inappropriately sexualized relationship" with a law clerk even after she joined the prosecutors' office.

Expert Analysis

  • 5 Credibility Lessons Trial Attys Can Learn From Harris' Run

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    In launching a late-stage campaign for president, Vice President Kamala Harris must seize upon fresh attention from voters to establish, or reestablish, credibility — a challenge that parallels and provides takeaways for trial attorneys, says Ken Broda-Bahm at Persuasion Strategies.

  • Basics Of Collective Bargaining Law In Principle And Practice

    Excerpt from Practical Guidance
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    Rebecca Bernhard and Jennifer Service at Barnes & Thornburg discuss the nuts and bolts of what the National Labor Relations Act requires of employers during collective bargaining, and translate these obligations into practical steps that will help companies prepare for, and succeed during, the negotiation process.

  • Mich. Whistleblower Ruling Expands Retaliation Remedies

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    The Michigan Supreme Court's recent Occupational Health and Safety Act decision in Stegall v. Resource Technology is important because it increases the potential exposure for defendants in public policy retaliation cases, providing plaintiffs with additional claims, say Aaron Burrell and Timothy Howlett at Dickinson Wright.

  • New Employer Liability Risks In Old Ill. Genetic Privacy Law

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    Illinois’ Genetic Information Privacy Act has been litigated very sparsely, but two recent federal court decisions — Taylor v. Union Pacific and McKnight v. United Airlines — holding that preemployment family medical history questions violated the 1998 law may encourage more lawsuits, say Peter Berk and Madison Shepley at Clark Hill.

  • How States Are Approaching AI Workplace Discrimination

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    As legislators across the U.S. have begun addressing algorithmic discrimination in the workplace, attorneys at Reed Smith provide an overview of the status, applicability and provisions of 13 state and local bills.

  • The Risks Of Employee Political Discourse On Social Media

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    As election season enters its final stretch and employees increasingly engage in political speech on social media, employers should beware the liability risks and consider policies that negotiate the line between employees' rights and the limits on those rights, say Bradford Kelley and James McGehee at Littler.

  • A Preview Of AI Priorities Under The Next President

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    For the first time in a presidential election, both of the leading candidates and their parties have been vocal about artificial intelligence policy, offering clues on the future of regulation as AI continues to advance and congressional action continues to stall, say attorneys at Mintz.

  • What To Know About CFPB Stance On Confidentiality Terms

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    A recent circular from the Consumer Financial Protection Bureau represents a growing effort across government agencies to address overbroad confidentiality agreements, and gives employers insight into the bureau's perspective on the issue as it relates to the Consumer Financial Protection Act, say Holly Williamson and Elizabeth King at Hunton.

  • Court Denial Of $335M UFC Deal Sets Bold Antitrust Precedent

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    A Nevada federal court’s recent refusal to accept a $335 million deal between Ultimate Fighting Championship and a group of former fighters to settle claims of anticompetitive conduct was a rare decision that risks the floodgates opening on established antitrust case law, says Mohit Pasricha at Lawrence Stephens.

  • How Methods Are Evolving In Textualist Interpretations

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    Textualists at the U.S. Supreme Court are increasingly considering new methods such as corpus linguistics and surveys to evaluate what a statute's text communicates to an ordinary reader, while lower courts even mull large language models like ChatGPT as supplements, says Kevin Tobia at Georgetown Law.

  • 7th Circ. Rulings Offer Employee Vaccine Exemption Guidance

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    Dawn Solowey and Samantha Brooks at Seyfarth explain how two recent Seventh Circuit rulings in Passarella v. Aspirus and Bube v. Aspirus could affect litigation involving employee vaccine exemptions, and discuss employer best practices for handling accommodation requests that include both religious and secular concerns.

  • 5 Ways To Confront Courtroom Technology Challenges

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    Recent cybersecurity incidents highlight the vulnerabilities of our reliance on digital infrastructure, meaning attorneys must be prepared to navigate technological obstacles inside the courtroom, including those related to data security, presentation hardware, video playback and more, says Adam Bloomberg at IMS Legal Strategies.

  • Employers Should Not Neglect Paid Military Leave Compliance

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    An August decision from the Ninth Circuit and the settlement of a long-running class action, both examining paid leave requirements under the Uniformed Services Employment and Reemployment Rights Act, are part of a nationwide trend that should prompt employers to review their military leave policies to avoid potential litigation and reputational damage, says Bradford Kelley at Littler.

  • Old Employment Law Principles Can Answer New AI Concerns

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    Despite growing legal and regulatory concerns about how artificial intelligence tools may affect employment decisions and worker rights, companies should take comfort in knowing that familiar principles of employment law and established compliance regimes can still largely address these new twists on old questions, say attorneys at Foley & Lardner.

  • Navigating New Enforcement Scrutiny Of 'AI Washing'

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    The U.S. Securities and Exchange Commission's recent lawsuit against Joonko Diversity, its first public AI-focused enforcement action against a private company, underscores the importance of applying the same internal legal and compliance rigor to AI-related claims as other market-facing statements, say attorneys at Fried Frank.

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