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Employment
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May 03, 2024
Calif. Appeals Court Calls Firm's Conduct 'Woefully Uncivil'
A California state appeals court has backed sanctions against The Vanderpool Law Firm in a dispute with Masimo Corp., finding that the firm had engaged in misconduct during discovery and noting that it was "woefully uncivil" in its emails with opposing counsel.
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May 03, 2024
Employment Authority: EEOC's New Harassment Guidance
Law360 Employment Authority covers the biggest employment cases and trends. Catch up this week with coverage on the five takeaways from the U.S. Equal Employment Opportunity Commission's long-awaited guidance on workplace harassment, the wage and hour cases that are changing federal arbitration and a National Labor Relations Board decision on severance agreements lands in the Sixth Circuit.
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May 03, 2024
Ill. Hilton Operators Slapped With Time-Tracking BIPA Suits
Hilton workers have hit several hotel operators in the Chicago area with a proposed class action and an individual lawsuit in Illinois state court, accusing the hotels of illegally collecting and retaining workers' biometric data to keep track of workers' hours in violation of the state Biometric Information Privacy Act.
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May 03, 2024
Boeing Can't Avoid Pre-Conception Toxic Birth Defect Claims
A Washington state judge said Friday that the child of two Boeing factory workers can sue the aerospace giant for negligence based on harm he allegedly suffered before he was conceived, allowing him to accuse the company of failing to warn his parents about toxic chemicals they were exposed to on the job.
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May 03, 2024
Cruise Contractors Aim To End $2.8M Union Fund Debt Row
Two cruise ship contractors and a union pension fund told a Louisiana federal judge Friday that they're winding down their dispute over the contractors' $2.8 million debt to the fund, asking him to toss the case but let them reopen it if they can't settle the last outstanding issue.
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May 03, 2024
DuPont, Corteva Want 'Schrödinger's Cat' Class Decertified
DuPont and Corteva Inc. asked a Pennsylvania federal court Friday to undo class certification for former employees who claim they were wrongly denied an "optional retirement" when DuPont de Nemours Inc. and Corteva's parent companies merged and they were spun off, arguing that the two class representatives' claims clash with the rest of the class.
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May 03, 2024
Claims Court Trims Military Vax Mandate Class Action
The U.S. Court of Federal Claims pared back a proposed class action seeking military back pay for service members allegedly discharged for not complying with a 2021 COVID-19 vaccination mandate, saying it had no jurisdiction over a nonmoney-mandating statute.
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May 03, 2024
Ex-Spirit Flight Attendant Drops FMLA Suit
A Florida federal judge on Friday dismissed a lawsuit a former flight attendant lodged against Spirit Airlines accusing it of firing her after she complained that its medical leave policies ran afoul of the Family and Medical Leave Act.
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May 03, 2024
Arby's Franchise, Auto Dealer Hit With Ga. Data Breach Suits
Workers at an Arby's franchise, a home nursing company and national car dealership have sued their employers in Georgia federal court, alleging the employers failed to safeguard sensitive personal information exposed in recent cyberattacks.
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May 03, 2024
Chamber Blasts FTC Bid For Member IDs In Noncompete Suit
The U.S. Chamber of Commerce is defending its ability to represent anonymous members in its Texas federal suit challenging the Federal Trade Commission's pending noncompete ban, arguing that the FTC's attempt to block that representation is "radical and unprecedented."
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May 03, 2024
How Big IP Judgment Winners Are Insuring 'Nuclear Verdicts'
Until a few years ago, intellectual property plaintiffs who scored large monetary awards — often referred to as "nuclear verdicts" — had to wait out a lengthy appellate process before knowing how much money they would end up with. But a relatively new type of insurance policy is allowing plaintiffs to insure part of their judgment in case it gets reduced or wiped out on appeal.
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May 03, 2024
Biden Vetoes Joint Employer Rule Disapproval
President Joe Biden vetoed a congressional resolution to block an enjoined National Labor Relations Board rule treating more employers as joint employers Friday, following through on an earlier threat to shoot down the measure.
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May 03, 2024
Arbitration Exemption Doesn't Cover Cos., Conn. Judge Rules
Two food distributors who created corporate entities while working for a food service business must arbitrate claims they were misclassified as independent contractors because a Federal Arbitration Act carveout doesn't apply to businesses, a Connecticut federal judge has ruled.
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May 03, 2024
Judge Calls Foul On Tigers' Bid To Block Age Bias Testimony
A Michigan federal judge called out the Detroit Tigers for failing to indicate whether it had reached out to opposing counsel before filing its recent motion to exclude testimony in a former clubhouse manager's age bias case, denying the team's exclusion bid as trial approaches.
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May 03, 2024
OneTaste Duo's Bid To Toss Charges Slapped Down By Judge
A Brooklyn federal judge on Friday denied a bid by two former executives of OneTaste to dismiss an indictment accusing them of extracting free labor from alleged members of the San Francisco sexual wellness company through abusive tactics.
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May 03, 2024
California Judge Ousted For 'Willful,' 'Prejudicial' Misconduct
A California state judge has been removed from the bench after an investigation found that he conducted a campaign of retaliation against court employees he suspected of being "moles" in a probe against him and lied about his actions to investigators afterward.
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May 03, 2024
Off The Bench: DraftKings, FIFA Warning, Charity Turmoil
In this week's Off The Bench, DraftKings blocks a former executive from working at an emerging rival in the U.S., FIFA's transfer rules get flagged as a potential antitrust breach and the nonprofit marshaling donations to NFL safety Damar Hamlin sues its former counsel over media leaks.
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May 03, 2024
Ex-Defender Can't Make Feds Release Harassment Reports
A North Carolina federal court rejected a former assistant federal defender's bid to have the federal government release certain #MeToo evidence following a trial over her claims of a botched sexual harassment probe, saying she was "woefully late" in deciding to challenge its confidentiality status.
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May 02, 2024
Sysco Unit To Provide Back Pay To End DOL Hiring Bias Probe
A subsidiary of restaurant food distributor Sysco Corp. will pay over $133,000 in back pay to resolve the U.S. Department of Labor's allegations that it discriminated against women by failing to hire qualified female applicants to fill open warehouse positions in Palmetto, Florida, the agency said Thursday.
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May 02, 2024
DaVita Says Nurses Trying Go Around Wage Rulings
Nationwide kidney care service provider DaVita Inc. has urged a Colorado federal judge to reject a bid by nurses and technicians to merge their wage class action with another suit, arguing Wednesday the plaintiffs are seeking to "circumvent" earlier rulings limiting the case's reach.
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May 02, 2024
Pharma. Co. Wants Ex-Director To Stop Poaching Customers
A pharmaceutical company has doubled down on its bid to stop a former director from soliciting customers for a rival drugmaker, saying he's trying to twist words in his contract and make up excuses for allegedly stealing trade secrets following his termination.
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May 02, 2024
Union Abandoned Suspended Members, Musicians Say
Two orchestra musicians represented by an American Federation of Musicians local accused their union in New York federal court of breaching its duty of fair representation by not enforcing an arbitration award after the duo was suspended based on allegations from years ago.
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May 02, 2024
9th Circ. Backs Game Developer's Win In Sex Harassment Suit
The Ninth Circuit declined Thursday to reinstate a lawsuit a former employee brought against a video game developer accusing it of subjecting him to lewd jokes and firing him after he complained, saying a lower court didn't err by admitting certain evidence at trial.
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May 02, 2024
Chancery Ruling Plays Role In Tesla's S&P Governance Grade
Business rating agency Standard & Poor's has revised downward to "moderately negative" electric vehicle company Tesla Inc.'s grade for management and governance, pointing in part to CEO Elon Musk's dominant role, and the company's "uncommonly high" risk from lawsuits, including the Delaware Chancery Court's recent scuttling of his $56 billion pay plan.
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May 02, 2024
5th Circ. Pauses NLRB Suit Against SpaceX Amid New Appeal
A Fifth Circuit panel on Thursday paused an ongoing National Labor Relations Board suit against SpaceX to consider the company's challenge to what it calls the "effective" denial of its bid to block a suit by an agency it claims is unconstitutional.
Expert Analysis
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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.
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Series
Skiing Makes Me A Better Lawyer
A lifetime of skiing has helped me develop important professional skills, and taught me that embracing challenges with a spirit of adventure can allow lawyers to push boundaries, expand their capabilities and ultimately excel in their careers, says Andrea Przybysz at Tucker Ellis.
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Navigating Trade Secret Litigation In A High-Stakes Landscape
Recent eye-popping verdicts are becoming increasingly common in trade secret litigation — but employers can take several proactive steps to protect proprietary information and defend against misappropriation accusations in order to avoid becoming the next headline, say Jessica Mason and Jack FitzGerald at Foley & Lardner.
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Opinion
UK Whistleblowers Flock To The US For Good Reason
The U.K. Serious Fraud Office director recently brought renewed attention to the differences between the U.K. and U.S. whistleblower regimes — differences that may make reporting to U.S. agencies a better and safer option for U.K. whistleblowers, and show why U.K. whistleblower laws need to be improved, say Benjamin Calitri and Kate Reeves at Kohn Kohn.