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Employment
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April 11, 2024
1st Challenge To NLRB Structure Axed For Lack Of Standing
A Washington, D.C., federal judge tossed a constitutional challenge to the National Labor Relations Board's structure filed by two Starbucks employees, ruling that the National Right to Work Legal Defense Foundation-represented baristas did not have standing to sue.
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April 11, 2024
Ex-NFL Players Near Settlement In Race-Norming Benefits Suit
Two former players whose lawsuit accuses the NFL's disability benefit plans of awarding them lower benefits because they are Black told a Maryland federal court they have had "productive" meetings with the defendants and are near a settlement proposal.
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April 11, 2024
DOL's Final OT Rule Incoming After Clearing OMB Review
The U.S. Department of Labor might soon issue a final rule increasing salaries in order for workers to be considered overtime-exempt under the Fair Labor Standards Act, after a proposed rule cleared the White House's Office of Management and Budget.
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April 11, 2024
Mich. Justices To Hear Ex-Prosecutor's Whistleblower Appeal
The Michigan Supreme Court agreed Wednesday to hold oral arguments in the appeal of a former assistant county prosecutor who claims her former boss retaliated against her for speaking up about a plea bargain she believed was unlawful.
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April 11, 2024
Medtronic Can't Ditch Ex-Sales Rep's Retaliation Claim
Medical device maker Medtronic can't avoid a whistleblower retaliation claim by a former sales rep who says he was pushed out after reporting what he suspected to be a kickback scheme to the U.S. Food and Drug Administration, a federal judge said Wednesday.
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April 11, 2024
Ex-Ellenoff Grossman Atty Faces Possible Firing Suit Remand
A former Ellenoff Grossman & Schole LLP associate's suit saying she was fired for protesting sexual harassment should return to state court, a New York federal judge recommended, saying the federal court can't enforce arbitration pacts invalidated by a 2022 amendment to the Federal Arbitration Act.
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April 11, 2024
United Airlines Defeats Religious Bias Suit Over Vax Mandate
United Airlines workers failed to furnish "basic factual details" to back up their case alleging the airline discriminated against employees for their religious beliefs by requiring a COVID-19 vaccination, an Illinois federal judge said, tossing the suit.
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April 11, 2024
6th Circ. Orders Redo In Brokerage's Trade Secrets Row
The Sixth Circuit ordered an Ohio district court to take another look at its ruling that a team of insurance brokerage's workers who defected for a competitor must comply with non-compete terms, reasoning that the lower court referenced standards for the injunction, but didn't actually consider them.
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April 11, 2024
Apple Must Face Former Executive's Trimmed Age Bias Suit
A California federal judge narrowed a former Apple executive's suit alleging his age led the company to withhold bonuses, though the suit stands, as the judge said it sufficiently showed a contract was breached when the company did not pay a hefty stock retention bonus.
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April 10, 2024
Wash. Healthcare Workers Owed $100M In Wages, Jury Told
Counsel for two classes encompassing more than 30,000 current and former healthcare workers told a Washington state jury on Wednesday that Providence Health & Services should pay nearly $100 million in damages for using an illegal time clock rounding method that shortchanged employees and failing to provide required meal breaks.
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April 10, 2024
No Retrial Over NC Farm Worker's $2.5M Severed Foot Verdict
A North Carolina farm failed in its bid for a new trial following a $2.5 million verdict against it, a federal judge ruled Wednesday, as a worker who lost his foot to a grain silo auger had enough evidence to support the award.
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April 10, 2024
Smaller May Be Better For NCAA, Sports Antitrust Experts Say
Sports law experts at the American Bar Association's spring antitrust meeting said Wednesday that for top-level college sports to survive the wave of antitrust litigation that it faces, colleges and universities may need to think small.
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April 10, 2024
US, Mexico Resolve Labor Complaints At Two Mexico Plants
Workers at two Mexico automotive part facilities can now organize under a union of their choice after concerns of labor violations were resolved through the U.S.-Mexico-Canada Agreement's labor rights tool, the Office of the U.S. Trade Representative announced.
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April 10, 2024
Senate Disapproves Of NLRB Joint Employer Rule
A resolution to block an enjoined National Labor Relations Board rule treating more employers as joint employers is headed to President Joe Biden's desk following a close U.S. Senate vote Wednesday, though the president has pledged not to sign.
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April 10, 2024
Disney Defends Right To Fire 'Star Wars' Actor Over X Posts
The Walt Disney Co. and Lucasfilm Ltd. asked a California federal judge to toss Gina Carano's claims that she was unlawfully fired from "The Mandalorian" for her social media posts, arguing they have a constitutional right as artistic creators to decide which actors to employ to express their artistic messages.
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April 10, 2024
Drivers Seek Nix Of Uber's Motion After 'Road Not Taken' Brief
UberBlack drivers urged a Pennsylvania federal judge not to require them to respond to Uber Technologies Inc.'s additional filing in an independent contractor dispute after the company already submitted a brief invoking Robert Frost's poem "The Road Not Taken," saying Uber defied an order setting page limits.
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April 10, 2024
3rd Circ. Skeptical Of Challenge To NLRB Bonuses Ruling
A Third Circuit panel appeared skeptical Wednesday of a nursing home's challenge to a National Labor Relations Board decision finding it unlawfully altered bonus pay it issued during the pandemic without bargaining, as judges questioned the company's argument that the bonuses were allowable under an expired contract.
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April 10, 2024
Wells Fargo Can't Bar Atty From Deposition, NC Judge Rules
Wells Fargo lost its bid to stop the lawyer of a fired investment director, who is accusing the bank of disability discrimination, from questioning his former supervisor, with a North Carolina federal judge saying the bank fell short of showing that the attorney's previous representation of the supervisor was related in any way to the current action.
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April 10, 2024
Novant Wants Fired Exec's Atty Fees Cut After Trip To 4th Circ.
An attorney representing a former Novant Health executive should receive about $140,000 after prevailing on claims that his client was fired for being white amid a diversity push, the healthcare network said, urging a North Carolina federal judge to reduce the ex-executive's request for about $152,000 in attorney fees.
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April 10, 2024
CFTC Names New Watchdog After Whistleblower Allegations
The Commodity Futures Trading Commission announced Wednesday that it has appointed the Federal Election Commission's inspector general to head its own independent watchdog office, following allegations his CFTC predecessor failed to protect whistleblowers within the agency.
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April 10, 2024
Cleaning Co. To Pay $400K In H-2B Workers' Exploitation Suit
Mexican guest workers and a cleaning company that recruited them to work at a Colorado luxury hotel asked a federal judge on Wednesday to grant initial approval of a $400,000 settlement on claims that the company committed myriad wage and visa law violations and threatened to deport workers who complained.
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April 10, 2024
3rd Circ. Revives Retaliation Suit Against Pa. House GOP
The Third Circuit breathed new life Wednesday into a former district office manager's lawsuit alleging she was fired by the Pennsylvania House Republican Caucus for reporting she had discovered mold in a state representative's office, finding she was acting outside her job duties when she spoke up.
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April 10, 2024
Union Pacific Can't Duck Biometric Privacy Lawsuit
An Illinois federal judge on Wednesday again refused to dismiss a third amended complaint claiming that Union Pacific violated the state's biometric privacy law when it collected truck drivers' fingerprints without their informed consent, rejecting several new arguments raised by the railroad in its bid to ditch the suit.
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April 10, 2024
9th Circ. Doubts Calif.'s Standing In DOL Union Transit Fight
The Ninth Circuit appeared open Wednesday to restoring the U.S. Department of Labor's power to deny California transit funding because of a perceived conflict between state pension law and bargaining rights, focusing on the state's standing in a dispute that began between the DOL and a union.
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April 10, 2024
Fla. Lawyer Seeks 'Compassion' After Loan Fraud Conviction
Fresh off a failed bid to have her wire fraud conspiracy conviction nixed, a Florida attorney found guilty of fraudulently obtaining federal COVID-19 relief loans asked a Georgia federal judge for leniency in her upcoming sentencing.
Expert Analysis
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Navigating Trade Secret Litigation In A High-Stakes Landscape
Recent eye-popping verdicts are becoming increasingly common in trade secret litigation — but employers can take several proactive steps to protect proprietary information and defend against misappropriation accusations in order to avoid becoming the next headline, say Jessica Mason and Jack FitzGerald at Foley & Lardner.
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Opinion
UK Whistleblowers Flock To The US For Good Reason
The U.K. Serious Fraud Office director recently brought renewed attention to the differences between the U.K. and U.S. whistleblower regimes — differences that may make reporting to U.S. agencies a better and safer option for U.K. whistleblowers, and show why U.K. whistleblower laws need to be improved, say Benjamin Calitri and Kate Reeves at Kohn Kohn.
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Think Like A Lawyer: Forget Everything You Know About IRAC
The mode of legal reasoning most students learn in law school, often called “Issue, Rule, Application, Conclusion,” or IRAC, erroneously frames analysis as a separate, discrete step, resulting in disorganized briefs and untold obfuscation — but the fix is pretty simple, says Luke Andrews at Poole Huffman.
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Opinion
There Is No NCAA Supremacy Clause, Especially For NIL
A recent Tennessee federal court ruling illustrates the NCAA's problematic position that its member schools should violate state law rather than its rules — and the organization's legal history with the dormant commerce clause raises a fundamental constitutional issue that will have to be resolved before attorneys can navigate NIL with confidence, says Patrick O’Donnell at HWG.
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Employer Pointers As Wage And Hour AI Risks Emerge
Following the Biden administration's executive order on artificial intelligence, employers using or considering artificial intelligence tools should carefully assess whether such use could increase their exposure to liability under federal and state wage and hour laws, and be wary of algorithmic discrimination, bias and inaccurate or incomplete reporting, say attorneys at ArentFox Schiff.
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The Pros And Cons Of Protecting AI As Trade Secrets
Despite regulatory trends toward greater transparency of artificial intelligence models, federal policy acknowledges, and perhaps endorses, trade secret protection for AI information, but there are still hurdles in keeping AI information a secret, say Jennifer Maisel and Andrew Stewart at Rothwell Figg.
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Complying With Enforcers' Ephemeral Messaging Guidance
Given federal antitrust enforcers’ recently issued guidance on ephemeral messaging applications, organizations must take a proactive approach to preserving short-lived communications — or risk criminal obstruction charges and civil discovery sanctions, say attorneys at Manatt.
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Race Bias Defense Considerations After 11th Circ. Ruling
In Tynes v. Florida Department of Juvenile Justice, the Eleventh Circuit affirmed that the McDonnell Douglas test for employment discrimination cases is merely an evidentiary framework, so employers relying on it as a substantive standard of liability may need to rethink their litigation strategy, says Helen Jay at Phelps Dunbar.
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How Firms Can Ensure Associate Gender Parity Lasts
Among associates, women now outnumber men for the first time, but progress toward gender equality at the top of the legal profession remains glacially slow, and firms must implement time-tested solutions to ensure associates’ gender parity lasts throughout their careers, say Kelly Culhane and Nicole Joseph at Culhane Meadows.
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How Echoing Techniques Can Derail Witnesses At Deposition
Before depositions, defense attorneys must prepare witnesses to recognize covert echoing techniques that may be used by opposing counsel to lower their defenses and elicit sensitive information — potentially leading to nuclear settlements and verdicts, say Bill Kanasky and Steve Wood at Courtroom Sciences.
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6 Ways To Minimize Risk, Remain Respectful During Layoffs
With a recent Resume Builder survey finding that 38% of companies expect to lay off employees this year, now is a good time for employers to review several strategies that can help mitigate legal risks and maintain compassion in the reduction-in-force process, says Sahara Pynes at Fox Rothschild.
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7 Common Myths About Lateral Partner Moves
As lateral recruiting remains a key factor for law firm growth, partners considering a lateral move should be aware of a few commonly held myths — some of which contain a kernel of truth, and some of which are flat out wrong, says Dave Maurer at Major Lindsey.
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NYC Workplace AI Regulation Has Been Largely Insignificant
Though a Cornell University study suggests that a New York City law intended to regulate artificial intelligence in the workplace has had an underwhelming impact, the law may still help shape the city's future AI regulation efforts, say Reid Skibell and Nathan Ades at Glenn Agre.
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Series
Cheering In The NFL Makes Me A Better Lawyer
Balancing my time between a BigLaw career and my role as an NFL cheerleader has taught me that pursuing your passions outside of work is not a distraction, but rather an opportunity to harness important skills that can positively affect how you approach work and view success in your career, says Rachel Schuster at Sheppard Mullin.
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Args In APA Case Amplify Justices' Focus On Agency Power
In arguments last week in Corner Post v. Federal Reserve, the U.S. Supreme Court justices paid particular importance to the possible ripple effects of their decision, which will address when a facial challenge to long-standing federal rules under the Administrative Procedure Act first accrues and could thus unleash a flood of new lawsuits, say attorneys at Snell & Wilmer.