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Employment
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May 10, 2024
Pepperidge Farm Drivers Not Employees, 3rd Circ. Affirms
Three delivery drivers for Pepperidge Farm are independent contractors, not employees, and thus cannot sue the company for state wage and hour law violations, a Third Circuit panel ruled Friday, saying the drivers' daily responsibilities make it clear they are self-employed.
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May 10, 2024
Ga. Dept. Of Law, Ex-Paralegal Settle Race Discrimination Suit
A Georgia federal judge has closed a former paralegal's discrimination and retaliation case against the Georgia Department of Law and a former deputy attorney general now working as a Cobb County Superior Court judge, saying a settlement has been reached.
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May 10, 2024
What To Know About Biden's ACA Nondiscrimination Rule
Recently finalized regulations tackling what constitutes discrimination under the Affordable Care Act could have significant impacts on health plans that include greater liability for third-party plan administrators, attorneys say. Here are three things employers should know now that the final rule is on the books.
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May 10, 2024
NJ Attys Settle Malpractice Suit Over Wawa Injury Claim
Attorneys at a New Jersey law firm have settled a malpractice lawsuit from a former client who claimed they caused him to lose his chance to sue convenience store chain Wawa over an on-the-job injury, according to a letter submitted Thursday to state court.
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May 10, 2024
King & Spalding Accused Of Anti-White, Pro-LGBTQ Bias
A straight white woman is suing King & Spalding LLP alleging discrimination after getting the green light from the U.S. Equal Employment Opportunity Commission, claiming she incurred "significant damages" when she was dissuaded from applying to a summer associate program open only to "diverse" applicants.
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May 10, 2024
PF Chang's Allowed To Keep 6K-Worker Wage Deal Concealed
P.F. Chang's can file settlement papers with dollar amounts shielded from public view as the restaurant chain looks to resolve a 5-year-old suit accusing it of cheating more than 6,000 tipped servers out of wages, a Pennsylvania federal judge ruled.
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May 10, 2024
6th Circ. Backs NLRB In Union Rep. Discipline Case
A tape manufacturer's decision to punish two Michigan employees for not adequately cleaning their work areas was motivated by animus toward their actions as a union steward and a union committee member, the Sixth Circuit found, upholding a National Labor Relations Board ruling.
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May 10, 2024
Axl Rose Shouldn't Escape NY Sex Assault Suit, Model Says
A former Penthouse model is urging a New York state court not to toss her case alleging Axl Rose sexually assaulted her in 1989, arguing the Guns N' Roses lead singer is making faulty arguments about attempts to serve him with the suit to avoid accountability.
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May 10, 2024
Climate Group Settles DOJ Claims It Shut Out Noncitizens
A Massachusetts-based nonprofit organization focused on climate action agreed to settle claims it discriminated against non-U.S. citizen job seekers including asylees and green-card holders by inviting only U.S. citizens to apply for jobs, the U.S. Department of Justice announced.
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May 09, 2024
Hedge Fund Manager Says Partner Cut Him Out Of Company
A hedge fund manager accused his business partner in Texas state court of wrongfully cutting him out of a Dallas-based wealth management company, saying the partner tried to strong-arm him into transferring his ownership interest.
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May 09, 2024
AI-Created Database Isn't Copyrightable, Job Search Co. Says
Job searching platform Tarta.ai has urged a California federal judge to toss a suit accusing it of stealing rival Jobiak LLC's automated database and using it for its own job postings, arguing that Jobiak's website is not subject to copyright protection because it's powered by artificial intelligence.
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May 09, 2024
VA Improperly Gave Execs $10.8M In Incentives, OIG Finds
Ineffective internal controls and leadership issues resulted in the U.S. Department of Veterans Affairs improperly awarding $10.8 million in skills-based recruitment and retention incentives to senior executives at its central office, the VA's internal watchdog revealed in a Thursday report.
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May 09, 2024
Judge 'Tempted' To Transfer MLB Scouts' Colo. Age Bias Suit
A Colorado federal judge said Thursday he was "somewhat tempted" to transfer an age discrimination lawsuit brought by former MLB scouts if he ultimately decides the court doesn't have jurisdiction over out-of-state teams, despite believing they may have a "fairly strong" argument that he can oversee the case against the league itself.
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May 09, 2024
Northwestern Sees 3 More Ex-Footballers File Hazing Suits
Three more former Northwestern football players have slapped the university with lawsuits over hazing they allegedly experienced while playing on the university's team.
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May 09, 2024
Tesla Illegally Imposed Tech Policy In Buffalo, NLRB GC Says
National Labor Relations Board prosecutors accused Tesla of having an illegal policy to dissuade workers from unionizing at its Buffalo, New York, manufacturing plant, according to a copy of the complaint obtained by Law360 on Thursday, with agency prosecutors seeking a nationwide posting of workers' rights.
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May 09, 2024
Rail Co. Accused Of Retaliation Over FMLA Use
CSX Transportation Inc. has been hit with a Florida federal lawsuit brought by its workers, who allege in their proposed class action that the rail company discouraged them from lawfully using the Family and Medical Leave Act, including by punishing them for taking advantage of the law.
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May 09, 2024
Feds' Pay Bias Suit Against Wis. Military Affairs Heads To Trial
A federal judge refused Thursday to grant the Wisconsin Department of Military Affairs a win in a lawsuit brought by the U.S. Department of Justice, saying a jury could find that the state agency lowballed an applicant for a director position because she's a woman.
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May 09, 2024
Ex-Official Says NJ, Ethics Board Are 'Stonewalling' Discovery
A former New Jersey health official has asked a state judge to order the state and its ethics commission to provide full discovery around his claims that he was fired in 2020 for raising concerns about the governor's chief of staff earmarking COVID-19 tests for relatives, accusing the Garden State of "stonewalling" his requests for documents and communications.
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May 09, 2024
Ga. Fire Department Settles Feds' Race Bias Lawsuit
A Georgia county has agreed to pay $750,000 to resolve the federal government's lawsuit alleging its use of a written exam and credit checks to select firefighter applicants caused fewer Black job seekers to be hired, according to a Thursday federal court filing.
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May 09, 2024
Award Increased to $13.4M In Pabst Asbestos Death Suit
A Wisconsin appeals court has increased a mesothelioma wrongful death award against Pabst Brewing Co. to $13.4 million, rejecting the beer company's argument that the jury shouldn't have found fault at all, while finding that the trial court wrongly applied the state's punitive damages statute.
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May 09, 2024
6th Circ. Panel Skeptical Of NLRB Hazard Pay Ruling
A Sixth Circuit panel questioned on Thursday a National Labor Relations Board decision finding a Michigan nursing home violated federal labor law with its handling of temporary hazard pay and staffing during the COVID-19 pandemic, with judges appearing skeptical the company had to bargain over the changes.
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May 09, 2024
Senate Panel OKs Ban On Mandatory Age Bias Arbitration
The Senate Judiciary Committee advanced a bill out of committee Thursday that would ban the mandatory arbitration of workplace age discrimination claims in a vote that garnered the support of both Democrats and Republicans.
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May 09, 2024
Plumbing Co. Ignoring OT Precedent, 1st Circ. Judge Chides
A First Circuit judge said Thursday that a plumbing supply distributor arguing that its inside sales representatives don't qualify for overtime pay appears to be "running as fast as you can to get away" from a key recent precedent.
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May 09, 2024
Philly Doctor Loses Bid To Restore $15M Bias Award
A Philadelphia federal judge on Thursday denied a former Thomas Jefferson University Hospital surgeon's request to reinstate a $15 million jury verdict against his onetime employer, reasoning that the judge would have reached the same conclusion as a previous judge who vacated the award before recusing himself from a new trial.
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May 09, 2024
Watchdog Seeks Texas Judge's Recusal In Noncompete Case
An industry watchdog is calling on U.S. District Judge J. Campbell Barker to step away from the U.S. Chamber's lawsuit in Texas federal court challenging the U.S. Federal Trade Commission's new noncompete rule, citing "ample financial conflicts" including his investments in Amazon, Apple and IBM, two of which are members of the Chamber.
Expert Analysis
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Class Actions At The Circuit Courts: March Lessons
In this month's review of class action appeals, Mitchell Engel at Shook Hardy discusses four notable circuit court decisions on topics from consumer fraud to employment — and provides key takeaways for counsel on issues including coercive communications with putative class members and Article III standing at the class certification stage.
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Spartan Arbitration Tactics Against Well-Funded Opponents
Like the ancient Spartans who held off a numerically superior Persian army at the Battle of Thermopylae, trial attorneys and clients faced with arbitration against an opponent with a bigger war chest can take a strategic approach to create a pass to victory, say Kostas Katsiris and Benjamin Argyle at Venable.
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What The NIL Negotiation Rules Injunction Means For NCAA
A Tennessee federal court's recent preliminary injunction reverses several prominent and well-established NCAA rules on negotiations with student-athletes over name, image and likeness compensation and shows that collegiate athletics is a profoundly unsettled legal environment, say attorneys at Pillsbury.
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What 2 Years Of Ukraine-Russia Conflict Can Teach Cos.
A few key legal lessons for the global business community since Russia's invasion of Ukraine could help protect global commerce in times of future conflict, including how to respond to disparate trade restrictions and sanctions, navigate war-related contract disputes, and protect against heightened cybersecurity risks, say attorneys at Morgan Lewis.
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EEOC Case Reminds That Men Can Also Claim Pay Bias
The Maryland State Highway Administration recently settled U.S. Equal Employment Opportunity Commission claims that a male employee was paid less than his female colleagues, highlighting why employers should not focus on a particular protected class when it comes to assessing pay bias risk, say Barbara Grandjean and Audrey Merkel at Husch Blackwell.
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3 Litigation Strategies To Combat 'Safetyism'
Amid the rise of safetyism — the idea that every person should be free from the risk of harm or discomfort — among jurors and even judges, defense counsel can mount several tactics from the very start of litigation to counteract these views and blunt the potential for jackpot damages, says Ann Marie Duffy at Hollingsworth.
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Takeaways From NLRB Advice On 'Outside' Employment
Rebecca Leaf at Miles & Stockbridge examines a recent memo from the National Labor Relations Board’s Division of Advice that said it’s unlawful for employers to restrict secondary or outside employment, and explains what companies should know about the use of certain restrictive covenants going forward.
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What Recent Study Shows About AI's Promise For Legal Tasks
Amid both skepticism and excitement about the promise of generative artificial intelligence in legal contexts, the first randomized controlled trial studying its impact on basic lawyering tasks shows mixed but promising results, and underscores the need for attorneys to proactively engage with AI, says Daniel Schwarcz at University of Minnesota Law School.
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Shaping Speech Policies After NLRB's BLM Protest Ruling
After the National Labor Relations Board decided last month that a Home Depot employee was protected by federal labor law when they wore a Black Lives Matter slogan on their apron, employers should consider four questions in order to mitigate legal risks associated with workplace political speech policies, say Louis Cannon and Cassandra Horton at Baker Donelson.
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What To Know About Employee Retention Credit Disclosures
Employers that filed potentially erroneous employee retention credit claims should take certain steps to determine whether the IRS’ voluntary disclosure program is a good fit and, if so, prepare a strong application before the window closes on March 22, say attorneys at Dentons.
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2026 World Cup: Companies Face Labor Challenges And More
Companies sponsoring or otherwise involved with the 2026 FIFA World Cup — hosted jointly by the U.S., Canada and Mexico — should be proactive in preparing to navigate many legal considerations in immigration, labor management and multijurisdictional workforces surrounding the event, say attorneys at Morgan Lewis.
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5 Things Trial Attorneys Can Learn From Good Teachers
Jennifer Cuculich at IMS Legal Strategies recounts lessons she learned during her time as a math teacher that can help trial attorneys connect with jurors, from the importance of framing core issues to the incorporation of different learning styles.
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Avoiding Jurisdictional Risks From Execs' Remote Work
Following a California federal court's recent decision in Evans v. Cardlytics — where the case was remanded to state court because the company’s executives worked remotely in California — there are several steps employers can take to ensure they will not be exposed to unfavored jurisdictions, says Eric Fox at Quarles & Brady.
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11th Circ. FMLA Ruling Deepens Divide Over Causation
The Eleventh Circuit's recent ruling in Lapham v. Walgreen distinguishes the circuit as the loudest advocate for the but-for causation standard for assessing Family and Medical Leave Act retaliation claims, though employers in other jurisdictions may encounter less favorable standards and the U.S. Supreme Court will likely have to address the circuit split eventually, say attorneys at Benesch.
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What Workplace Violence Law Means For Texas Healthcare
While no federal laws address violence against healthcare workers, Texas has recently enacted statutory protections that take effect later this year — so facilities in the state should understand their new obligations under the law, and employers in other states would be wise to take notice as well, say attorneys at Bradley Arant.