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Employment
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April 30, 2024
Atty Sanctioned Over Missed Depo During Solar Eclipse Trip
A Florida lawyer whose client missed his own deposition while the attorney was solar eclipse viewing has been ordered to pay related attorney fees incurred by AAA as the business fights a gender discrimination lawsuit.
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April 30, 2024
EEOC Says High Court Ruling Supports Ex-Worker's ADA Suit
The U.S. Equal Employment Opportunity Commission urged the Tenth Circuit to reinstate a worker's disability bias suit claiming she was fired from a Kansas health system for refusing mental health counseling, arguing that a recent U.S. Supreme Court ruling shows her case was improperly tossed.
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April 30, 2024
School Knocks Out Religious Bias Suit Over Pronoun Policy
An Indiana federal court Tuesday dismissed a suit from a Christian former teacher who objected to using gender-affirming names for trans students, ruling that letting him refer to students by last names only would be asking too much under a standard articulated by the U.S. Supreme Court in June.
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April 29, 2024
Ex-Officers Seek Early Win Against Flight Attendant Union
Former officers of the Association of Professional Flight Attendants urged a Texas federal judge to toss claims from the union that they violated their fiduciary duty, accusing the union of raising allegations to further "its political agenda against plaintiffs."
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April 29, 2024
Biz Groups Fight Conn. Ban On 'Captive Audience' Meetings
A Connecticut law that lets workers skip employers' meetings to discuss unionization violates employers' right to free speech, a coalition of business groups argued in Connecticut federal court, seeking a pretrial win on allegations that the law violates the U.S. Constitution and federal labor law.
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April 29, 2024
Diddy Calls 1991 Rape Claim 'False, Offensive And Salacious'
Sean "Diddy" Combs has asked a New York court to trim one of the multiple sexual assault suits he is facing, calling plaintiff Joi Dickerson-Neal's allegations of a 1991 rape "false, offensive and salacious."
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April 29, 2024
Trans Patients In NC, W.Va. Prevail In 4th Circ. Health Fight
The Fourth Circuit on Monday affirmed two lower court decisions ordering North Carolina and West Virginia to end discriminatory exclusions for coverage of gender-affirming medical care for transgender people in both states, finding the lower courts properly struck down the policies as "textbook sex discrimination."
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April 29, 2024
Restaurateurs Say DOL Drew Tipped Work 'Line' Unfairly
The U.S. Department of Labor and two restaurant groups told the Fifth Circuit on Monday that they agreed the department's rule regulating what's tipped and nontipped work "is fundamentally a line-drawing problem," but disagreed on whether that "line" had been drawn appropriately under federal statutes.
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April 29, 2024
GSA Guides Agencies On Responsible Generative AI Buying
The U.S. General Services Administration on Monday issued guidance to federal agencies for buying generative artificial intelligence services and related hardware, intended to ensure that emerging technology is used "responsibly and effectively."
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April 29, 2024
9th Circ. Backs Raytheon Defeat Of Religious Vaccination Suit
The Ninth Circuit refused to revive a lawsuit alleging Raytheon Technologies Corp. unlawfully harassed and forced out employees who received religious exemptions from its COVID-19 vaccination policy, finding Monday that companywide reminders about inoculation and other preventative measures weren't based on religion.
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April 29, 2024
Amtrak Wants Out Of Black Conductor's Bias Suit
Amtrak is urging a Connecticut federal judge to let it out of a Black conductor's lawsuit alleging she was passed over for union committee assignments in favor of less experienced white men and harassed by a superior after she complained, saying her gripes should be directed solely at the union.
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April 29, 2024
Wells Fargo Didn't Pay For Out-Of-Shift Work, Suit Says
Wells Fargo has for years enforced a companywide policy that denies overtime pay to workers tasked with opening and closing its branches, according to a lawsuit filed by a former employee at one of the bank's Atlanta-area locations.
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April 29, 2024
Catching Up With Delaware's Chancery Court
A multibillion-dollar Tesla trust proposal, a Truth Social bond, power plays over Prince's estate, and three in the ring for World Wrestling Entertainment. All of this and much more came up in Delaware Chancery Court dockets last week.
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April 29, 2024
Calif. Judge OKs $1M Deal In Strawberry Pickers' Wage Suit
A California federal court gave the first sign-off to a $1 million deal that would end hundreds of strawberry pickers' claims that they were forced to work at unsafe speeds for allegedly little pay.
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April 29, 2024
Ga. Judicial Watchdog Sets Date For Judge's Ethics Trial
The ethics hearing of a Georgia judge accused of calling litigants names, sexually harassing attorneys and courthouse employees, and trying to get a friend's children out of legal trouble is set for June, according to an order filed Friday in the Georgia Supreme Court.
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April 29, 2024
Wash. Solar Co. Will Pay $465K To End Noncompete Suit
A Washington state judge has given a preliminary nod to a $465,000 settlement to end litigation accusing a residential solar energy equipment company of forcing workers to sign illegal noncompete clauses as a condition of employment.
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April 29, 2024
Ga. Judge Won't Approve $37K Settlement In FLSA Suit
A Georgia federal judge has refused to approve a settlement between a corporate office furnisher and a former employee who says he was fired after complaining about being stiffed for hundreds of hours of compensable work, finding two provisions in the deal make it impossible to approve.
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April 29, 2024
DOL Wants Quick Win In Pa. Care Co. Wage Suit
The U.S. Department of Labor urged a Pennsylvania federal judge on Monday to grant it a pretrial win in its case accusing a private healthcare agency of failing to pay in-home caregivers overtime and minimum wages, saying the workers are protected by federal wage law.
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April 29, 2024
Calif. Cannabis Labor Law Violates US Constitution, Co. Says
A California cannabis law's provisions mandating labor peace agreements between dispensaries and unions violate the U.S. Constitution, a cannabis retailer has alleged, saying the statute unlawfully gives the labor organization more leverage when negotiating what requirements are in the accords.
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April 29, 2024
Conn. Health Co., Competitor Eye Deal In Trade Secrets Suit
Connecticut-based healthcare marketing firm Primacy LLC and a direct competitor accused of poaching top executive Matt Cyr are looking to settle a trade secrets lawsuit by pausing a preliminary injunction hearing and engaging a new magistrate judge to help them work out their differences.
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April 29, 2024
Japanese Space Co. Settles White Ex-CEO's Bias Suit
The U.S. arm of a Japanese space company and its former CEO told a Colorado federal court they have agreed to end the executive's suit alleging he witnessed frequent "anti-foreigner" bias at the company and was ultimately fired because he's white.
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April 29, 2024
NCAA, Bush Tussle Over Strength Of Defamation Claims
Former USC running back Reggie Bush's defamation brawl with the NCAA continued on Monday as the 2005 Heisman Trophy winner urged an Indiana state court to keep his lawsuit alive, arguing it is too early to throw the case out as the NCAA wishes.
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April 29, 2024
Ohio Call Center Worker Says Energy Co. Stiffed OT Wages
Dominion Energy Ohio required its call center workers to do between 10 and 40 minutes of pre-shift work without paying them for it, according to a new proposed collective action filed in Ohio federal court.
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April 29, 2024
NC Law Firm Ends Fired Paralegal's Pregnancy Bias Suit
A real estate law firm agreed to end a former worker's suit claiming she was fired from her paralegal job only 12 days after she notified her bosses that she was pregnant and needed maternity leave, according to a North Carolina federal court filing.
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April 29, 2024
EEOC Guidance Addresses Telework, Shields LGBTQ Workers
The U.S. Equal Employment Opportunity Commission on Monday unveiled the final version of its enforcement guidance on workplace harassment, updating the agency's advice to factor in developments such as the U.S. Supreme Court's landmark Bostock decision and the rise of remote work.
Expert Analysis
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Staying Ahead Of The AI Policymaking Curve
With artificial intelligence poised to be the hottest legislative and regulatory topic in 2024, expect the AI policymaking toolbox to continue to expand and evolve as stakeholders in the U.S. and abroad develop, deploy, use and learn more about these technologies, say attorneys at Hogan Lovells.
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The 7th Circ.'s Top 10 Civil Opinions Of 2023
Attorneys at Jenner & Block examine the most significant decisions issued by the Seventh Circuit in 2023, and explain how they may affect issues related to antitrust, constitutional law, federal jurisdiction and more.
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Employee Experience Strategy Can Boost Law Firm Success
Amid continuing business uncertainty, law firms should consider adopting a holistic employee experience strategy — prioritizing consistency, targeting signature moments and leveraging measurement tools — to maximize productivity and profitability, says Haley Revel at Calibrate Consulting.
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Series
Competing In Triathlons Makes Me A Better Lawyer
While practicing law and competing in long-distance triathlons can make work and life feel unbalanced at times, participating in the sport has revealed important lessons about versatility, self-care and perseverance that apply to the office as much as they do the racecourse, says Laura Heusel at Butler Snow.
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Series
In Focus At The EEOC: Preserving Legal System Access
The track records of and public commentary from U.S. Equal Employment Opportunity Commission leaders — including two recently confirmed Democratic appointees — can provide insight into how the agency may approach access to justice priorities, as identified in its latest strategic enforcement plan, says Aniko Schwarcz at Cohen Milstein.
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Mitigating Compliance And Litigation Risks Of Evolving Tech
Amid artificial intelligence and other technological advances, companies must prepare for the associated risks, including a growing suite of privacy regulations, enterprising class action theories and consumer protection challenges, and proliferating disclosure obligations, say attorneys at Eversheds Sutherland.
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Where Justices Stand On Chevron Doctrine Post-Argument
Following recent oral argument at the U.S. Supreme Court, at least four justices appear to be in favor of overturning the long-standing Chevron deference, and three justices seem ready to uphold it, which means the ultimate decision may rest on Chief Justice John Roberts' vote, say Wayne D'Angelo and Zachary Lee at Kelley Drye.
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Calif. High Court Ruling Outlines Limits On PAGA Actions
While the California Supreme Court’s ruling last week in Estrada v. Royalty Carpet Mills held that courts cannot dismiss Private Attorneys General Act claims on manageability grounds, the opinion also details how claims can be narrowed, providing a road map for defendants facing complex actions, say attorneys at Gibson Dunn.
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Perspectives
6 Practice Pointers For Pro Bono Immigration Practice
An attorney taking on their first pro bono immigration matter may find the law and procedures beguiling, but understanding key deadlines, the significance of individual immigration judges' rules and specialized aspects of the practice can help avoid common missteps, says Steven Malm at Haynes Boone.
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Lessons From Country Singer's Personal Service Saga
Recent reports that country singer Luke Combs won a judgment against a Florida woman who didn’t receive notice of the counterfeit suit against her should serve as a reminder for attorneys on best practices for effectuating service by electronic means, say attorneys at Jenner & Block.
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NY Pay Frequency Cases May Soon Be A Thing Of The Past
Two recent developments in New York state have unfurled to suggest that the high tide of frequency-of-pay lawsuits may soon recede, giving employers the upper hand when defending against threatened or pending claims, say attorneys at Reed Smith.
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Trends That Will Shape The Construction Industry In 2024
Though the outlook for the construction industry is mixed, it is clear that 2024 will bring evolving changes aimed at building projects more safely and efficiently under difficult circumstances, and stakeholders would be wise to prepare for the challenges and opportunities these trends will bring, say Josephine Bahn and Jeffery Mullen at Cozen O'Connor.
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A Focused Statement Can Ease Employment Mediation
Given the widespread use of mediation in employment cases, attorneys should take steps to craft mediation statements that efficiently assist the mediator by focusing on key issues, strengths and weaknesses of a claim, which can flag key disputes and barriers to a settlement, says Darren Rumack at Klein & Cardali.
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How To Start Applying DOL's Independent Contractor Test
Last week, the U.S. Department of Labor finalized a worker classification rule that helpfully includes multiple factors that employers can leverage to systematically evaluate the economic realities of working relationships, says Elizabeth Arnold and Samantha Stelman at Berkeley Research Group.
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3 Areas Of Focus In Congressional Crosshairs This Year
Companies must prepare for Congress to build on its 2023 oversight priorities this year, continuing its vigorous inquiries into Chinese company-related investments, workplace safety and labor relations issues, and generative artificial intelligence, say attorneys at Morgan Lewis.