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Employment
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April 26, 2024
Mich. To Pay $55M In Suit Over COVID-19 Aid Clawbacks
Michigan's unemployment insurance agency will pay $55 million to people whose benefits were improperly clawed back without notice during the pandemic and reform its collection practices to ensure due process under a settlement that has received initial approval from a state judge.
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April 26, 2024
Ex-Walmart Worker Files Ill. BIPA Suit Over Fingerprint Scans
Walmart is violating biometric privacy laws by gathering employees' fingerprint scans when clocking in for shifts and sharing them with various third-party identity service providers without written consent, a former employee alleges in a putative class suit.
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April 26, 2024
Ye Fired Worker For Refusing To Shave Dreads, Suit Says
Ye, his companies and Donda Academy were hit with another discrimination suit in California state court Friday by a former employee who says the rapper treated Black employees far worse than white employees, and terminated him last year when he refused to give into Ye's demands to shave his dreadlocks.
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April 26, 2024
Employment Authority: How Noncompete Bans Redefine Work
Law360 Employment Authority covers the biggest employment cases and trends. Catch up this week with coverage on how experts think the Federal Trade Commission's ban on noncompete agreements will impact new litigation trends, why employers could be caught off guard by a requirement under the Pregnant Workers Fairness Act and how a National Labor Relations Board decision could change how unions respond to unfair labor practices.
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April 26, 2024
Judge Urges End To Suit-Restricting Job Contracts In Mich.
A judge for a Michigan state appeals court has called on the state's high court to put a stop to terms in employment contracts that give workers less time to file civil rights lawsuits, saying such terms allow employers to get away with discriminatory practices.
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April 26, 2024
Ill. Hospital Wins Dismissal Of Genetic Privacy Case
An Illinois state court judge has thrown out a proposed class action accusing Advocate Health and Hospitals Corp. of violating the state's decades-old genetic information privacy law, saying Wednesday the lead plaintiff not only released the hospital system from liability, but was largely asked about her own medical status after she was already offered a job.
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April 26, 2024
FTC's Bedoya Says Labor Concerns In Mergers Matter
Federal Trade Commissioner Alvaro Bedoya said Friday that it's important for enforcers to consider the impact mergers can have on labor, even if they never did in the past, contending that concentration can lead to lower wages and dangerous working conditions.
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April 26, 2024
Truist Unit Survives Early Dismissal Bid In NC Poaching Suit
Truist Financial Corp. and its real estate finance arm can move forward with the bulk of their suit accusing three former executives of absconding for a competitor with several dozen colleagues in tow, after North Carolina's business court judge largely denied the defendants an early exit.
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April 26, 2024
Ex-Conn. Hospital Worker Says He Was Assaulted, Then Fired
Stamford Health Inc. terminated a hospital maintenance worker soon after he suffered a violent assault in the workplace, claiming that he abandoned his job even though it failed to provide him with necessary paperwork to take medical leave, according to an amended lawsuit filed Friday in Connecticut federal court.
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April 26, 2024
Ex-Mass. Trooper Handed 5 Years For No-Work OT, Tax Fraud
A former Massachusetts state trooper convicted of stealing overtime pay, lying on his taxes and cheating to get student aid for his son was sentenced Friday by a federal judge to five years in prison for his leadership role in the sprawling overtime fraud scheme.
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April 26, 2024
Staffing Agency Escapes Applicant's Salary Disclosure Suit
A Washington federal judge threw out a proposed class action a job applicant brought against a staffing agency under the Evergreen State's 2023 law requiring certain employers to disclose a salary range in job postings, saying a plaintiff has to actually want the job they are suing over.
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April 26, 2024
Off The Bench: Nassar Victims, Bush V. NCAA, New ACC Suit
In this week's Off The Bench, the U.S. Department of Justice cuts a nine-figure deal for botching its sexual abuse investigation of disgraced USA Gymnastics physician Larry Nassar, college football legend Reggie Bush plows ahead with an NCAA defamation suit despite reclaiming his Heisman trophy, and Florida sues the ACC to detail its lucrative media rights contracts.
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April 26, 2024
HCA Owes OT, Break Wages, Ex-NC Hospital Worker Says
A longtime respiratory therapist at a western North Carolina hospital accused the system's owners of manipulating employees' time sheets to remove hours they worked and automatically deducting lunch breaks workers couldn't take in a proposed collective action filed in federal court.
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April 26, 2024
11th Circ. Finds No Anti-Black Juror Bias In Murder Trial
The Eleventh Circuit has denied a new trial to a Mexican man arguing prosecutors used all but one of their peremptory strikes to exclude potential jurors who were Black or Hispanic at the trial in Georgia where he was sentenced to life in prison for murdering a whistleblower connected to his work.
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April 26, 2024
Flight Attendants Seek Class Status In FMLA Penalty Suit
Former and current Southwest flight attendants have asked a California federal judge for class status in their suit claiming the airline punished workers who took family or medical leave by blocking them from improving their disciplinary records, arguing that their allegations are best resolved collectively.
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April 26, 2024
Ex-BP Commodities Trader Says Co. Reneged On Bonus
A former BP commodities trader accused the company in Texas federal court of shorting him to the tune of $6 million when it abruptly fired him in January 2022 and paid him a smaller bonus than the $11 million he expected to receive.
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April 26, 2024
JPMorgan Says Ex-Adviser Is Pilfering Clients For Wells Fargo
J.P. Morgan has accused a former investment management adviser of trying to poach clients for her new job at a competing Wells Fargo unit, saying she's been making unsolicited phone calls and sending emails to convince clients to leave in breach of her employment contract.
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April 26, 2024
Parking Co. Strikes $1.4M Deal To End Pay Transparency Suit
A parking lot company has agreed to pay a class of almost 300 job seekers $1.4 million to shutter a suit claiming it shirked a Washington pay transparency law requiring that all job postings include salary and benefit information, according to state court filings.
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April 25, 2024
Tesla Says Investors May Want To Influence Shareholder Vote
Tesla on Thursday questioned the motives of investors who want billions of dollars in company stock put into a trust, saying that their push to hasten the court's decision in their suit over Elon Musk's compensation plan raises concerns that they want to "elicit commentary" ahead of a shareholder meeting.
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April 25, 2024
Lockheed Martin Sued By Widow Over 'Toxic Stew' At Facility
The widow of a former Lockheed Martin Corp. employee sued the aerospace defense company on Wednesday in Florida federal court, alleging her husband died because of Lockheed's "reckless mismanagement" of dangerous chemicals at a weapons manufacturing facility.
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April 25, 2024
Ex-Philly Union Leader's 3rd Trial Ends In Deadlock
A Pennsylvania federal jury on Thursday night was unable to reach a verdict in the government's case alleging former Philadelphia labor leader John Dougherty threatened a Live! Casino construction contractor with "financial ruin" if he didn't pay his electrician nephew for work he didn't perform, marking a mistrial for the previously twice-convicted union figurehead and his relative.
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April 25, 2024
Judge Reopens Allstate Trade Secrets Case Against Ex-Agent
A Colorado federal judge has partially reopened a case alleging that a former Allstate exclusive agent poached customers for another agency, directing the ex-agent to explain why he shouldn't be held in contempt in the lawsuit.
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April 25, 2024
Knicks Owner Wants Out Of Therapist's Sex Assault Suit
New York Knicks owner James Dolan asked a California federal judge to nix a massage therapist's claims alleging he helped disgraced media mogul Harvey Weinstein sexually assault her at a hotel in 2014, arguing the therapist doesn't plausibly allege Dolan knew she would be assaulted or that he encouraged it.
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April 25, 2024
Morehouse Med Fired Staffer Who Exposed Affair, Suit Says
A former diversity staffer at Atlanta's Morehouse School of Medicine alleged an array of workplace violations in a new lawsuit, claiming he was denied overtime pay for after-hours work and fired when he complained about harassment stemming from sexual entanglement among the school's executives.
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April 25, 2024
Judge Decries Discovery Delay In Chicago Genetic-Bias Fight
An Illinois federal judge has warned a proposed class of Chicago employees that further discovery delays in their suit alleging a city wellness program intentionally discriminated against them on the basis of their genetic information could result in the court barring witnesses' testimony from the case.
Expert Analysis
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What Minority Biz Law Ruling Could Mean For Private DEI
A Texas federal court’s recent decision to strike down key provisions of the Minority Business Development Act illustrates the wide-reaching effects of the U.S. Supreme Court's 2023 Students for Fair Admissions v. Harvard decision across legal contexts, say attorneys at Jenner & Block.
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Employers Beware Of NLRB Changes On Bad Faith Bargaining
Recent National Labor Relations Board decisions show a trend of the agency imposing harsher remedies on employers for bad faith bargaining over union contracts, a position upheld in the Ninth Circuit's recent NLRB v. Grill Concepts Services decision, says Daniel Johns at Cozen O'Connor.
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Practicing Law With Parkinson's Disease
This Parkinson’s Awareness Month, Adam Siegler at Greenberg Traurig discusses his experience working as a lawyer with Parkinson’s disease, sharing both lessons on how to cope with a diagnosis and advice for supporting colleagues who live with the disease.
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Texas Hair Bias Ruling Does Not Give Employers A Pass
A Texas state court’s recent decision, holding that a school could discipline a student with locs for refusing to cut his hair, should not be interpreted by employers as a license to implement potentially discriminatory grooming policies, says Dawn Holiday at Jackson Walker.
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When Trade Secret Protection And Nat'l Security Converge
The Trump administration's anti-espionage program focused on China is over, but federal enforcement efforts to protect trade secrets and U.S. national security continue, and companies doing business in high-risk jurisdictions need to maintain their compliance programs to avoid the risk of being caught in the crosshairs of an investigation, say attorneys at Baker McKenzie.
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The Merger Cases That Will Matter At ABA Antitrust Meeting
While the American Bar Association's Antitrust Spring Meeting this week will cover all types of competition law issues in the U.S. and abroad, expect the federal agencies' recent track record in merger enforcement to be a key area of focus on the official panels and in cocktail party chatter, say attorneys at Freshfields.
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Series
Playing Hockey Makes Me A Better Lawyer
Nearly a lifetime of playing hockey taught me the importance of avoiding burnout in all aspects of life, and the game ultimately ended up providing me with the balance I needed to maintain success in my legal career, says John Riccione at Taft.
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A Snapshot Of The Evolving Restrictive Covenant Landscape
Rachael Martinez and Brooke Bahlinger at Foley highlight recent trends in the hotly contested regulation and enforcement of noncompetition and related nonsolicitation covenants, and provide guidance on drafting such provisions within the context of stand-alone employment agreements and merger or acquisition transactions.
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For Lawyers, Pessimism Should Be A Job Skill, Not A Life Skill
A pessimistic mindset allows attorneys to be effective advocates for their clients, but it can come with serious costs for their personal well-being, so it’s crucial to exercise strategies that produce flexible optimism and connect lawyers with their core values, says Krista Larson at Stinson.
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Broadway Ruling Puts Discrimination Claims In The Limelight
A New York federal court's recent decision in Moore v. Hadestown Broadway that the employers' choice to replace a Black actor with a white actor was shielded by the First Amendment is the latest in a handful of rulings zealously protecting hiring decisions in casting, say Anthony Oncidi and Dixie Morrison at Proskauer.
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Opinion
Requiring Leave To File Amicus Briefs Is A Bad Idea
A proposal to amend the Federal Rules of Appellate Procedure that would require parties to get court permission before filing federal amicus briefs would eliminate the long-standing practice of consent filing and thereby make the process less open and democratic, says Lawrence Ebner at the Atlantic Legal Foundation and DRI Center.
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Beware OSHA's Aggressive Stance Toward Safety Violations
The solicitor of labor's recent enforcement report shows the Occupational Safety and Health Administration will increasingly consider creative enforcement measures and even criminal referrals to hold employers accountable for workplace safety infractions, say Ronald Taylor and Page Kim at Venable.
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4 Ways To Motivate Junior Attorneys To Bring Their Best
As Gen Z and younger millennial attorneys increasingly express dissatisfaction with their work and head for the exits, the lawyers who manage them must understand and attend to their needs and priorities to boost engagement and increase retention, says Stacey Schwartz at Katten.
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The Tricky Implications Of New Calif. Noncompete Laws
Two new California noncompete laws that ban certain out-of-state agreements and require employers to notify certain workers raise novel issues related to mergers and acquisitions, and pose particular challenges for technology companies, says John Viola at Thompson Coburn.
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Patent Ownership Issues In Light Of USPTO AI Guidance
Recently published guidance from the U.S. Patent and Trademark Office establishes that inventions created using artificial intelligence may be patentable if a human also significantly contributes, but ownership and legal rights in these types of patents are different issues that require further assessment, says Karl Gross at Leydig Voit.