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Employment
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March 19, 2024
Staffing Co. Owner Gets 4 Years For Hiring Untaxed Labor
The owner of a staffing company in Key West, Florida, that hired untaxed and unauthorized workers was sentenced by a Florida federal judge to four years in prison and ordered to pay $3.5 million in restitution to the U.S. government, according to court documents.
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March 19, 2024
Philly Paralegals Get OK For OT Collective, But Not Class
A group of some 200 paralegals in the Philadelphia District Attorney's Office may pursue claims of unpaid overtime compensation as a collective but not a class, a Pennsylvania federal court held, finding a proposed class of representatives lacked evidence of a common injury.
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March 19, 2024
Uber, Progressive Unit Settle NC Widower's Coverage Fight
The widower of an Uber Eats driver who died in a car crash on the job has settled his lawsuit seeking a payout for the accident from the ride-hailing giant and its insurer, according to a notice filed in North Carolina federal court.
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March 19, 2024
4th Circ. Judges Vexed By Disputes In Inmates' Wage Suit
The Fourth Circuit appeared poised Tuesday to revive claims by Maryland inmates seeking minimum wage for doing county recycling work, with judges indicating that the case is still plagued by unknowns.
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March 19, 2024
US Chamber Report Details Digital Trade 'Peril' For USTR
Digital trade is growing faster than the U.S. economy overall and supporting approximately 3 million jobs, but the sector is in "peril" due to the Biden administration's e-commerce policy reticence, says a new U.S. Chamber of Commerce report.
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March 19, 2024
Labor Dept. Hits Ga. Pesticide Maker With Whistleblower Suit
The U.S. Department of Labor has hit a northeast Georgia pesticide manufacturer with a lawsuit accusing the company of firing an employee after she complained about repeated exposures to dangerous and sickening chemical fumes, the department said.
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March 19, 2024
Conn. Supreme Court Snapshot: Housing Battles Heat Up
The Connecticut Supreme Court in March is set to consider two cases that would clarify landlords' obligations to tenants and local governments when their buildings are ruined through wrongdoing.
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March 19, 2024
GC Urges NLRB To Grow Remedies For Work Rule Violations
National Labor Relations Board general counsel Jennifer Abruzzo urged the board on Tuesday to expand the remedies it will order in cases involving overly broad work rules, saying employers should be required to walk back discipline and other actions against more employees who violated an unlawful rule.
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March 19, 2024
EV Charging Biz Pitches $400K Ch. 11 Staff Retention Plan
Charge Enterprises Inc., a company that builds electric vehicle charging stations and other infrastructure, has urged a Delaware bankruptcy judge to let it offer about $400,000 in bonuses to keep a dozen employees the firm deemed critical during its Chapter 11 case.
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March 19, 2024
J&J Says Former Exec Stole Thousands Of Files In Move To Pfizer
Johnson & Johnson has sued a former competitive strategy director in New Jersey federal court, claiming he illegally downloaded thousands of confidential files on his way out the door to work for direct competitor Pfizer.
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March 19, 2024
Vicente LLP Sues Recruiter Over Fee Demand In Failed Search
Vicente LLP is alleging that a Florida-based recruiter wants money for nothing after a failed search for a corporate attorney to join the cannabis law firm, during which one of the two proposed candidates turned out to be someone Vicente already worked with and later hired in a different role.
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March 19, 2024
Laborers Benefit Funds Ink $2.45M Settlement In Transfer Suit
Three New York-based asphalt workers are seeking approval of a $2.45 million settlement to their long-running federal class action against two union benefit funds, looking to resolve claims that the funds illegally refused to transfer money to another set of funds.
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March 19, 2024
NCAA Hit With Putative Action Challenging Prize Money Rule
The NCAA is facing yet another legal challenge over its limits on athlete compensation, as a proposed class action in North Carolina looks to knock down the association's rules barring players from collecting prize money in outside competitions.
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March 19, 2024
Alston & Bird, Ex-Staffer Dodge Ga. Judge's Contempt Threat
A Georgia federal judge in a hearing Tuesday backed off a threat to hold in contempt lawyers for Alston & Bird LLP and a former diversity staffer who sued the firm, alleging unpaid overtime claims, over their repeated failures to file a $55,000 settlement agreement with the court.
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March 19, 2024
Ex-Lynch Carpenter Atty Hits Firm With Whistleblower Case
A former associate for Lynch Carpenter LLP has brought a whistleblower suit in Los Angeles Superior Court claiming labor code violations, discrimination, breach of contract and retaliation after allegedly witnessing "multiple instances of unethical conduct that he believed constituted fraud and/or legal malpractice."
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March 18, 2024
NYC Mayor Accused Of Sexually Assaulting Former Colleague
A woman sued New York City Mayor Eric Adams on Monday under the state's Adult Survivors Act, alleging he demanded quid pro quo sexual favors and sexually assaulted her after she sought career advice from him in 1993.
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March 18, 2024
Judge Trims ADA Claims From Disney Worker's Vaccine Suit
A Florida federal judge ruled Monday that a Disney employee fired for failing to comply with COVID-19 procedures cannot bring claims under the Americans with Disabilities Act because the law does not cover potential future disabilities, like the risk of infection from not being vaccinated.
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March 18, 2024
Google Evades Sanctions A Second Time In Ex-Employee Suit
A Texas federal judge denied an ex-Google worker's second attempt to level sanctions against his former employer in the latest tit-for-tat between the parties on Monday, saying that the tech giant had met the court's previous orders on discovery obligations.
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March 18, 2024
HSBC Securities Can't Exit Ex-Rep's Whistleblower Suit
A New York federal judge on Monday green-lit a whistleblower retaliation suit by a former HSBC Securities employee who claimed he was fired for reporting "rampant front-running" by HSBC traders, saying that while certain claims must be trimmed the suit plausibly alleges protected activity was a contributing factor to his termination.
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March 18, 2024
Dartmouth College Won't Bargain With Men's Basketball Team
Dartmouth College is rejecting a bid by a Service Employees International Union local to bargain for a contract covering men's basketball players, a university spokesperson said Monday, signaling the school's plan to take to federal court its fight over whether collegiate athletes are statutory employees.
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March 18, 2024
7th Circ. Wants Del. High Court's Input On Stock Shares Row
The Seventh Circuit on Friday asked Delaware's top court to clarify a ruling it made earlier this year upholding the enforceability of forfeiture-for-competition provisions in limited partnership agreements, saying it found "meaningful differences" between that case and an ex-manager's bid before it to keep the stock sale proceeds he earned before working for a competitor.
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March 18, 2024
The Biggest Trade Secrets Awards In The Last 5 Years
Trade secrets cases are having a moment in the spotlight, thanks to some gargantuan damages awards over the past five years and more flexibility for plaintiffs to argue for what they think they are owed.
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March 18, 2024
11th Circ. Urged To Nix Ala. Coach's Win In Gender Bias Suit
Alabama State University has urged the Eleventh Circuit to reverse a win for the school's former softball coach, who claimed she was suspended because of her gender, saying she did not demonstrate a case of bias.
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March 18, 2024
Minute Media Buys Rights To Publish Sports Illustrated
Digital content business Minute Media has purchased the publishing rights for Sports Illustrated, keeping alive a longtime brand that recently obliterated its newsroom with layoffs and shut down its betting platform, according to a Monday announcement.
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March 18, 2024
2nd Circ. Won't Revive CUNY Profs' Union Antisemitism Suit
The Second Circuit won't revive a suit lodged by six Jewish professors at the City University of New York claiming that a state law unlawfully requires them to associate with a union that they allege holds antisemitic views, ruling that the provision passes muster under the U.S. Constitution.
Expert Analysis
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Series
In Focus At The EEOC: Eliminating Recruiting, Hiring Barriers
While the recruiting and hiring segment of the U.S. Equal Employment Opportunity Commission’s recently finalized strategic enforcement plan spotlights the potential discriminatory effects of artificial intelligence, employers should note that it also touches on traditional bias issues such as unlawfully targeted job advertisements and application inaccessibility, say Rachel See and Annette Tyman at Seyfarth.
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What Whistleblowing Trends Mean For Securities Litigation
A recent survey on whistleblowing-related topics suggests several valuable lessons for companies to consider regarding securities and shareholder litigation, and underscores the need to implement and advertise robust whistleblowing policies to employees, say attorneys at Freshfields.
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How Cos. Can Mitigate IP Risks After NY Labor Law Updates
A recent New York labor law amendment limits the permissible scope of invention assignment agreements, leading to potential intellectual property risks for New York-based employers, which they can reduce through several steps, including the reevaluation of assignment provisions in employment agreements, say attorneys at Crowell & Moring.
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A Look Into The Developing Regulation Of Employer AI
Although employers' use of artificial intelligence is still limited, legislators and companies have been ramping up their efforts to regulate its use in the workplace, with employers actively contributing to the ongoing debate, say Gerald Hathaway and Marc-Joseph Gansah at Faegre Drinker.
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Get Ready For Calif.'s Expanded Restrictive Covenant Ban
California recently passed the second of two new laws that together largely prohibit restrictive covenants, even for certain out-of-state employers — and since there's not much time before the statutes become effective, now is the time for companies to revisit how their confidential information will be protected, says Russell Beck at Beck Reed.
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Class Action Defense: Don't Give Up On Bristol-Myers Squibb
Federal appellate court decisions in the six years since the U.S. Supreme Court decided Bristol-Myers Squibb show that it's anyone's ballgame in class action jurisdictional arguments, so defendants are encouraged to consider carefully whether, where and when arguing lack of specific personal jurisdiction may be advantageous, say attorneys at K&L Gates.
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Parsing Maryland's Earned Wage Access Products Guidance
The Maryland Office of Financial Regulation's new guidance on earned wage access products intended to provide clarity under the state's law may be confusing, but ultimately means one thing — you are either the employer's service provider helping offer an employee benefit, or you are not and therefore considered a lender, say attorneys at Greenberg Traurig.
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Pro Bono Work Is Powerful Self-Help For Attorneys
Oct. 22-28 is Pro Bono Week, serving as a useful reminder that offering free legal help to the public can help attorneys expand their legal toolbox, forge community relationships and create human connections, despite the challenges of this kind of work, says Orlando Lopez at Culhane Meadows.
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High Court Bakery Driver Case Could Limit Worker Arbitration
Employers that require arbitration of worker claims under the Federal Arbitration Act should closely follow Bissonnette v. LePage Bakeries as it goes before the U.S. Supreme Court, which could thoroughly expand the definition of “transportation workers” who are exempt from compulsory arbitration and force companies to field more employee disputes in court, says Nick Morisani at Phelps Dunbar.
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Rebuilding The Construction Industry With AI
Artificial intelligence in the construction industry will usher in a new era of innovation and efficiency, leading to cheaper, safer and more environmentally conscious building practices, but it will also bring concerns related to data security, workforce training and job displacement, say Josephine Bahn and Jeffery Mullen at Cozen O'Connor.
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Series
Playing In A Rock Cover Band Makes Me A Better Lawyer
Performing in a classic rock cover band has driven me to hone several skills — including focus, organization and networking — that have benefited my professional development, demonstrating that taking time to follow your muse outside of work can be a boon to your career, says Michael Gambro at Cadwalader.
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FTC, DOL Collab Marks New Labor Market Enforcement Era
The Federal Trade Commission and the U.S. Department of Labor’s recent agreement to share information and coordinate investigations, coupled with new premerger rules and merger guidelines, underscores the paradigm shift underway to use the full authority of administrative agencies for worker protection, say Jeetander Dulani and Bill Kearney at Stinson.
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AI At Work: Safety And NLRA Best Practices For Employers
Excerpt from Practical Guidance
There are many possible legal ramifications associated with integrating artificial intelligence tools and solutions into workplaces, including unionized workplaces' employer obligations under the National Labor Relations Act, and health and safety issues concerning robots and AI, say attorneys at Proskauer.
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Series
The Pop Culture Docket: Judge Espinosa On 'Lincoln Lawyer'
The murder trials in Netflix’s “The Lincoln Lawyer” illustrate the stark contrast between the ethical high ground that fosters and maintains the criminal justice system's integrity, and the ethical abyss that can undermine it, with an important reminder for all legal practitioners, say Judge Adam Espinosa and Andrew Howard at the Colorado 2nd Judicial District Court.
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Series
In Focus At The EEOC: Advancing Equal Pay
The U.S. Equal Employment Opportunity Commission’s recently finalized strategic enforcement plan expresses a renewed commitment to advancing equal pay at a time when employees have unprecedented access to compensation information, highlighting for employers the importance of open communication and ongoing pay equity analyses, say Paul Evans at Baker McKenzie and Christine Hendrickson at Syndio.