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Employment
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April 23, 2024
Justices Probe NLRB's Burden In Starbucks' Injunction Appeal
The U.S. Supreme Court appears likely to hold that the courts' traditional factors apply when the National Labor Relations Board pursues injunctions, though it's unclear from Tuesday's argument how closely it will direct courts to examine a key factor: the strength of the board's case.
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April 23, 2024
Ex-Banker Says HSBC Can't Blame Wage Policy On Manager
A former HSBC Bank employee accusing the company of violating the federal wage and hour law by making employees work through lunch told a New York federal court the company's attorneys are trying to offload responsibility for their client's actions to a former manager.
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April 23, 2024
Judge Overturns Biz's H-2B Ban, Blaming 'Gaslighting' Atty
A U.S. Department of Labor administrative law judge overturned a decision to debar a Minnesota concessions stand company from the H-2B visa program over its failure to pay back wages and penalties, saying the small business's owner had only followed his attorney's advice — right into a legal disaster.
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April 23, 2024
Tesla's Risky Ride To Revive Musk's Multibillion-Dollar Pay
Tesla Inc. and its mercurial CEO Elon Musk are banking on a bold strategy to salvage his multibillion-dollar compensation plan, invoking a recently enacted corporate power to first patch Tesla's charter and then reincorporate in Texas, potentially triggering stockholder claims of fiduciary breaches and waste.
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April 23, 2024
Firefighters Want LA County's Early Win Bid Axed In Hotel Suit
Los Angeles County firefighters urged a California federal judge to deny the county's bid for an early win in their suit alleging they weren't paid for time they spent quarantined in hotels during the COVID-19 pandemic, saying the motion attempts to use the courts as a "pawn to escape liability."
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April 23, 2024
Migrant-Hiring Crimes And Tax Evasion Get Pair Prison, $1.8M Fine
A Florida federal judge has ordered two men to pay $1.8 million to the U.S. government and sentenced them to three years in prison after they confessed to recruiting migrants without employment authorization and failing to report workers' wages for tax purposes.
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April 23, 2024
Apple Settles Labor Fight Over COVID-19 Policy At Okla. Store
An Apple Store in Oklahoma City has agreed to restore the sick time of workers who took off for COVID-19 since last August, pursuant to a recently announced settlement of an unfair labor practice charge filed by the workers' union.
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April 23, 2024
La. Atty Asks Justices To Stay Frivolous Filing Fine
A Louisiana attorney is asking the U.S. Supreme Court to bail her out of a $29,000 penalty from a district judge for frivolous filings and claiming that she was poisoned in retaliation for claims against Louisiana State University's medical residency program.
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April 23, 2024
Ex-Public Defender Wants 4th Circ. To End Wait In Bias Suit
A former public defender suing the federal judiciary for allegedly failing to take her sexual harassment claims seriously asked the Fourth Circuit on Tuesday to force a federal judge's hand after more than four months without a ruling following a bench trial, saying a decision on her long-pending bid for a preliminary injunction is overdue.
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April 23, 2024
6th Circ. Backs Dykema's Win In Ex-Secretary's Age Bias Suit
The Sixth Circuit won't reinstate a former Dykema legal secretary's age discrimination case, saying Tuesday she failed to show that her supervisor — whom she accused of giving her adult diapers for her 50th birthday and frequently asking her if she planned to retire — had anything to do with her firing.
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April 23, 2024
Lin Wood Seeks Defamation Suit Pause Amid Insurance Spat
Counsel for disbarred attorney Lin Wood has asked a Georgia federal judge to halt a defamation suit brought by Wood's former colleagues while a spat over his legal insurance plays out in the Georgia court system.
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April 23, 2024
FTC Bars Employers From Imposing Noncompete Contracts
The Federal Trade Commission voted 3-2 on Tuesday to ban essentially all noncompete agreements that employers frequently impose on workers, leaving an earlier draft of the ban mostly unchanged other than to allow existing noncompete agreements with senior executives to remain while banning future ones for top corporate officials.
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April 23, 2024
Feds Want About 3 Years In Prison For LA Bank Embezzler
The former chief financial officer at a community bank in Los Angeles should spend nearly three years in prison after admitting he embezzled more than $700,000 and used employee identities in a life insurance scheme, the government told a California federal court.
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April 23, 2024
DOL Unveils Final OT Rule That Raises Salary Limits
The U.S. Department of Labor on Tuesday released its long-awaited final rule raising the salary thresholds for overtime exemptions, solidifying aspects of a proposal that faced opposition from Republicans and business groups.
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April 23, 2024
King & Spalding Adds Kirkland Employment Partner In DC
King & Spalding LLP is boosting its global employment practice with the addition of a Kirkland & Ellis LLP partner who will be part of her new firm's Washington, D.C., office.
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April 22, 2024
Ex-Twitter Workers Can't Arbitrate Until Class Cert. Resolved
A proposed class of former employees of Twitter, now known as X, cannot yet force the company to move forward with their various employment claims in arbitration, a California federal judge determined Monday, saying the issue of class certification needs to be decided first.
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April 22, 2024
Kansas Gov. Signs Earned Wage Access License Bill Into Law
Kansas has become the fourth state to approve new laws governing so-called earned wage access products, joining Nevada, Missouri and Wisconsin in regulating services for workers seeking cash advances.
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April 22, 2024
Axl Rose Wants Model's 'Salacious' Sex Assault Suit Axed
Guns N' Roses lead singer Axl Rose has asked a New York state court to throw out a former Penthouse model's civil suit claiming he sexually assaulted her in a hotel in the late 1980s, arguing that the interaction was consensual and calling the claim "salacious, inflammatory and false."
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April 22, 2024
J&J Fired Worker For Old Case Against New Boss, Suit Claims
A former senior medical affairs director for Johnson & Johnson's research unit sued the company on Friday in New Jersey state court, alleging she was fired in retaliation for a separate lawsuit filed years earlier in which she named a boss from her prior employer who had recently joined Johnson & Johnson.
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April 22, 2024
Amazon Illegally Gathered Workers' Face Scans, Suit Says
Amazon.com Services faces a proposed class action filed Monday in Illinois federal court accusing the retail giant of gathering employees' facial geometry scans and sharing them with various third parties without first receiving the employees' written consent in violation of the Illinois Biometric Privacy Act.
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April 22, 2024
NC Justice Dept. Seeks Early Win In Promotion Bias Suit
The North Carolina Department of Justice urged a federal court to take its side in an attorney's lawsuit alleging she faced discrimination at the agency for being a Black woman, arguing that the white man who got the job for which she'd interviewed was the most qualified candidate.
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April 22, 2024
Court Tosses Shipbuilders No-Poach Case As Untimely
A Virginia federal court found that a pair of warship designers haven't shown that major shipbuilders for the U.S. military, including General Dynamics and Huntington Ingalls Industries, concealed a "gentlemen's agreement" to not poach workers from one another.
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April 22, 2024
Uber Can't Ditch All Drivers' Pay Claims, Ill. Judge Says
Three Uber drivers claiming they're unlawfully classified as independent contractors and therefore paid illegally must arbitrate those proposed collective claims, but one driver who fought the issue in a previous case can pursue his claim in court, an Illinois federal judge said Monday.
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April 22, 2024
Chamber Planning Prompt Challenge Of FTC Noncompete Ban
U.S. Chamber of Commerce officials vowed Monday to immediately challenge an impending Federal Trade Commission rule that would ban essentially all noncompete agreements that employers impose on their workers, raising concerns focused principally on opening a "Pandora's box" of rulemaking they say is beyond FTC authority.
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April 22, 2024
6th Circ. Backs Ohio City's Win In COVID Layoff Age Bias Suit
The Sixth Circuit affirmed the dismissal of an Ohio public service commissioner's bias suit alleging he was swept up in a round of layoffs because of his older age, ruling Monday that the city showed COVID-19-related budget concerns drove its decision-making, not prejudice.
Expert Analysis
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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.
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Employers Should Take Surgeon's Sex Bias Suit As A Warning
A Philadelphia federal jury's recent verdict in a sex bias suit over Thomas Jefferson University's inaction on a male plaintiff's sexual harassment complaint is a reminder to employers of all stripes about the importance of consistently applied protocols for handling complaints, say attorneys at Williams & Connolly.
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Business Litigators Have A Source Of Untapped Fulfillment
As increasing numbers of attorneys struggle with stress and mental health issues, business litigators can find protection against burnout by remembering their important role in society — because fulfillment in one’s work isn’t just reserved for public interest lawyers, say Bennett Rawicki and Peter Bigelow at Hilgers Graben.
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Generative AI Adds Risk To Employee 'Self-Help' Discovery
Plaintiffs have long engaged in their own evidence gathering for claims against current or former employers, but as more companies implement generative AI tools, both the potential scope and the potential risks of such "self-help" discovery are rising quickly, says Nick Peterson at Wiley.
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5 Ways To Hone Deposition Skills And Improve Results
Excerpt from Practical Guidance
Depositions must never be taken for granted in the preparations needed to win a dispositive motion or a trial, and five best practices, including knowing when to hire a videographer, can significantly improve outcomes, says James Argionis at Cozen O'Connor.