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Employment
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May 09, 2024
'You Have To Engage,' Judge Tells Attys In Damages Debate
A Georgia federal judge on Thursday chided attorneys for a man hoping to beat back a challenge to a $3.4 million discrimination verdict he won last year, saying that they needed to put a little more sweat equity into their filings if they hoped to keep their hefty judgment whole.
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May 09, 2024
NYC Denies IVF Coverage To Gay Male Workers, Court Told
New York City unlawfully discriminates against gay male employees by refusing to cover in vitro fertilization under its healthcare plan while providing heterosexual and lesbian workers with those benefits, according to a proposed class action filed Thursday in federal court.
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May 08, 2024
Boeing Again Seeks Exit From Suit Over Love-Triangle Murder
The Boeing Co. is again asking a Seattle federal judge to let it escape liability in a case involving a love triangle among employees that ended in murder, saying the newest iteration of the suit still doesn't adequately allege Boeing knew or should have known about the employee's potential for violence.
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May 08, 2024
Texas Univ. Says Rules, Not Sex Bias, Behind Coach Firing
The University of Texas Rio Grande Valley pushed back Wednesday against a former assistant tennis coach who accused the school of firing her because of her sexual orientation, arguing that she was dismissed for violating its policy while traveling for a tournament.
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May 08, 2024
GW Hospital Bargained In Bad Faith, NLRB Dems Say In Redo
A split National Labor Relations Board panel said Wednesday that George Washington University Hospital sabotaged union negotiations with unworkable proposals, reasserting precedent that employers bargain in bad faith by insisting on contract provisions that effectively nullify unions.
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May 08, 2024
EEOC Atty Highlights Top PWFA Compliance Challenges
U.S. Equal Employment Opportunity Commission legal counsel Carol Miaskoff gave her take Wednesday on some notable compliance challenges the Pregnant Workers Fairness Act will pose for employers, pointing to areas where numerous laws may overlap and the requirement that workers core tasks could be paused.
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May 08, 2024
Lyft Driver Asks Calif. Justices To OK Intervening In PAGA Suit
An attorney for a Lyft driver who sued the company under the Private Attorneys General Act urged the California Supreme Court on Wednesday to find her client has standing to intervene in a competing PAGA Lyft case that reached a settlement, saying the deal threatened to "extinguish" her client's rights.
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May 08, 2024
Wash. Justices Decline Personal Injury Atty's Fee Split Spat
Washington's high court has declined to hear a personal injury lawyer's challenge to his old firm's fee-splitting agreement, letting stand a state appellate court's ruling that the contract had "clear and unequivocal language" compelling him to pass on half the fees he earned from the firm's former clients after his departure.
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May 08, 2024
Colo. Sheriff Fights State Law That Let His Deputies Unionize
A Colorado county sheriff whose staff is unionizing has sued the state over the 2023 law that gave his workers the right to organize, seeking a declaration that the law does not apply to his office.
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May 08, 2024
Duke Doctor Partially Resuscitates NC Firing Suit
The North Carolina state appeals court has partially revived a fired Duke University hospital resident's lawsuit alleging that health care system officials terminated him because of his depression after an inadequate firing-review process that violated an employment contract.
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May 08, 2024
4th Circ. Says Purpose Of Inmate Labor Affects Classification
The primary purpose of prisoners' work at a Baltimore County recycling plant should determine whether a group of incarcerated people were employees under federal law, a Fourth Circuit panel ruled Wednesday, rejecting the county's view that any amount of rehabilitative-oriented work spared it from minimum wage obligations.
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May 08, 2024
4th Circ. Asks If High Court Ruling Bars Credit Suisse Tipster
A Fourth Circuit panel questioned Wednesday whether a U.S. Supreme Court ruling prevented it from reviving a whistleblower case by a former Credit Suisse employee alleging the bank helped U.S. citizens evade taxes after paying a $2.6 billion criminal penalty.
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May 08, 2024
Coldwell Banker's Lockboxes Draw BIPA Suit
Coldwell Banker has been sued in Illinois state court by a proposed class of employees who claim it violated Illinois' biometric privacy law by failing to get their informed consent before requiring them to scan their fingerprints to access biometric lockboxes that store keys for rental units shown to potential customers.
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May 08, 2024
8th Circ. Grapples With What Triggers An EFAA 'Dispute'
The Eighth Circuit seemed skeptical Wednesday of Chipotle's argument that the date of a worker's alleged sexual assault is the linchpin for determining whether a law limiting mandatory arbitration shields her lawsuit, but receptive to the notion that a "dispute" could have occurred before she filed the case in court.
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May 08, 2024
Farmworkers Union Says DOL's 2022 Rules Keep Wages Low
A farmworkers union in Washington state is challenging rules the U.S. Department of Labor introduced in 2022 that the union said are depressing farmworkers' wages.
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May 08, 2024
Oil Field Workers File Proposed Class Suit Over Unpaid Wages
Three oil field workers have slapped their employers with a proposed collective and class action in Texas federal court accusing the companies of failing to pay overtime and straight-time wages to hourly, day rate and salaried workers in violation of the Fair Labor Standards Act.
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May 08, 2024
NJ Court Reverses Order Piercing School Board Atty Privilege
A New Jersey appellate court has reversed trial court orders compelling a school district to produce communications with its attorneys in a discrimination and malicious prosecution suit brought by a former administrator, finding that she had not established any Sixth Amendment right at stake to necessitate piercing attorney-client privilege.
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May 08, 2024
Dems Propose Scrapping Title VII Damages Caps
House and Senate Democrats unveiled legislation Wednesday that would eliminate ceilings on the amount of damages workers can receive under federal civil rights law if a jury finds they've been discriminated against, a proposal the lawmakers say would correct outdated limits.
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May 08, 2024
Mass. Justices May Give Green Light To Tip Ballot Measure
Massachusetts' high court justices appeared skeptical Wednesday of arguments by a group of restaurant owners seeking to kill a ballot question that, if approved, would gradually raise the minimum wage for tipped workers to the state's $15-per-hour standard.
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May 08, 2024
Lighting Co. Reaches Deal To End Parental Leave Suit
A lighting company struck a deal with a former project manager who accused the company of firing him because he asked to take parental leave after his child was born and he was then stuck in Egypt at the outset of the pandemic, a Massachusetts federal court filing said.
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May 08, 2024
Catholic School Defeats Gay Teacher's Bias Suit At 4th Circ.
The Fourth Circuit on Wednesday struck down a gay drama teacher's win in his suit alleging he was unlawfully fired by a Catholic school after announcing his wedding on Facebook, finding that his job entailed responsibilities that triggered a religious exception to anti-discrimination law.
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May 07, 2024
Gov't Enforcement Concerns Employers, Littler Report Finds
Almost three-quarters of U.S. employers share great concern over the impact the U.S. Department of Labor's and the National Labor Relations Board's enforcement actions will have on their businesses, according to a survey Littler Mendelson PC released Wednesday.
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May 07, 2024
10th Circ. Finds 'Religious Animus' In School's Vaccine Rules
The Tenth Circuit ruled Tuesday that the University of Colorado System's policies regarding COVID-19 vaccine exemptions violated constitutional religious liberty protections, saying its rules were motivated by "religious animus" and should have been blocked by a trial court.
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May 07, 2024
5th Circ. Urged To Reject Challenge To Board Diversity Rule
The NAACP Legal Defense and Educational Fund urged the Fifth Circuit not to upend a Nasdaq Stock Market rule meant to encourage corporate board diversity, saying in a brief Monday that the rule's opponents have staked out a "radical" position on the equal protection clause of the U.S. Constitution that threatens to "entrench ... barriers to opportunity."
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May 07, 2024
NYC Eatery Asks 2nd Circ. To Undo Revival Of Workers' Suit
A New York City restaurant operator urged the Second Circuit Tuesday to reject a lower court finding that its workers' federal wage claims may be cut from their class action but can also be reinstated if the appeals court were to vacate their state wage claims, insisting the decision is unfair.
Expert Analysis
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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.
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Handling Neurodivergence As The Basis Of Disability Claims
Three recent discrimination claims in Rhode Island and New Jersey show how allegations of adverse treatment of neurodivergent individuals will continue to be tested in court, so employers should create an environment that welcomes the disclosure of such conditions, says Ting Cheung at Sanford Heisler.