Employment

  • March 26, 2024

    6th Circ. Won't Let Propane Retailer Nix EEOC's Subpoena

    The Sixth Circuit said Tuesday that Ferrellgas LP must provide the U.S. Equal Employment Opportunity Commission with information it requested as part of an investigation into a sex and race discrimination charge, backing a lower court's conclusion that the request wasn't too expansive.

  • March 26, 2024

    9th Circ. Unsure Uber Can Dodge Suit Over Slain Driver

    A pair of Ninth Circuit judges seemed to question Tuesday if Uber Technologies Inc. could avoid liability after a driver was murdered in a carjacking, with one judge asking if the law needed to catch up with new technology in a case where the company controlled information about the identity of riders.

  • March 26, 2024

    Turf Co. Secures Dismissal Of Funds' Contributions Row

    Benefits funds affiliated with the International Union of Painters and Allied Trades can't move ahead with their claims that a turf installer didn't pay contributions, a California federal judge ruled, saying the funds didn't include the calculation for payment in their allegations.

  • March 26, 2024

    X Wants Former Twitter Security Head's Claims In Arbitration

    X Corp. said a former Twitter security chief's claims that he was fired for protesting massive budget cuts belong in arbitration, arguing it did not waive its right to arbitrate by refusing to pay more than half of the arbitration fees.

  • March 26, 2024

    DC Circ. Rebukes NLRB's 'Nonsense' In Driver Camera Case

    The D.C. Circuit on Tuesday vacated a National Labor Relations Board decision that found a produce company unlawfully disciplined a pro-union worker and gave another the impression he was being surveilled, calling the board's approach to the case "nonsense."

  • March 26, 2024

    Starbucks Settles Worker's Suit Alleging Manager Groped Her

    Starbucks Corp. has settled a lawsuit with an employee who alleged her reports of groping and harassment by a manger resulted in a retaliatory investigation, stunting her career with the coffee chain.

  • March 26, 2024

    White Ex-Radio Exec Says He Was Fired For Bias Complaint

    An executive at a New York City hip-hop station was told he was "too white" for his job and fired when he complained about the discrimination he faced, according to a lawsuit filed in New York state court.

  • March 26, 2024

    Jurisdiction Snafu Sinks US Bank Exec's Second Firing Suit

    A former U.S. Bank managing director has lost a second lawsuit challenging his firing, after a Colorado federal judge on Tuesday ruled that the executive is precluded from bringing a wrongful termination claim after a procedural misstep in the first case.

  • March 26, 2024

    MLS Team Owners Discriminate Under One Entity, Coach Says

    A Black coach has urged a New York federal court to not dismiss his race bias lawsuit against the MLS, saying he's suing the correct entity because the teams that he alleged discriminated against him are not independent and are members of one organization.

  • March 26, 2024

    Nashville Settles Trooper's HIV Bias Suit Over Pulled Job Offer

    Nashville will pay $145,000 to settle a state trooper's disability bias suit alleging the city's police department illegally yanked back a job offer after it found out he was HIV positive, according to an agreement resolving the Tennessee federal court case.

  • March 26, 2024

    Boeing Can't Exit Wash. Worker's Birth Defect Suit

    A Washington state judge has declined to throw out a lawsuit accusing Boeing of exposing a factory worker to chemicals that caused birth defects in his child, after casting doubt last month on the company's assertion it had no legal duty to protect employees' future children from foreseeable harm.

  • March 26, 2024

    Student Focused On Claims, Not Classes, 11th Circ. Suggests

    Two of three judges on an Eleventh Circuit panel raised doubts Tuesday that Atlanta's Morehouse School of Medicine had failed to accommodate a disabled student, suggesting the student had failed his classes not because of inadequate note-taking services, but because he was too busy preparing to sue the school.

  • March 26, 2024

    DOL Urges 4th Circ. To Keep $9M Nurse Classification Ruling

    A medical staffing company is trying to circumvent clear error standards simply because it didn't like a federal court's conclusion that the company must pay $9 million in a misclassification suit, the U.S. Department of Labor told the Fourth Circuit.

  • March 26, 2024

    NC Software Execs Ask To Raze Payroll Tax Fraud Conviction

    Two former software executives found guilty of failing to pay hundreds of thousands of dollars in employment taxes have sought to wipe out their conviction based on what they allege was insufficient evidence presented by the government at trial.

  • March 26, 2024

    Teamsters Duck Yellow's $137M Suit Over Restructuring Talks

    The Teamsters have defeated Yellow Corp.'s $137 million lawsuit accusing them of pushing the trucking company into bankruptcy through intransigence in negotiations over a corporate restructuring, with a Kansas federal judge finding the company didn't exhaust the grievance process under a union contract before suing.

  • March 26, 2024

    Legal Aid Union Fights Subpoena Over Palestine Resolution

    The New York Civil Liberties Union on Monday backed the Association of Legal Aid Attorneys in its fight against a subpoena from the U.S. House Committee on Education and the Workforce following the union's adoption of a resolution in support of the Palestinian cause.

  • March 26, 2024

    Ex-CLO Must Arbitrate Firing Suit Against Gambling Co. GAN

    Online gaming and sports betting company GAN Ltd. has won its bid in California federal court to force its former chief legal officer into arbitration over claims in his wrongful firing complaint alleging his termination was motivated in part by his whistleblowing and objections to a hostile work environment.

  • March 26, 2024

    Wash. Appeals Court Reinstates Nurse's Sex Harassment Suit

    A trial court jumped the gun when it tossed a lawsuit from a nurse who said a University of Washington-owned air ambulance outfit transferred her after she complained about sexual harassment, a state appeals court ruled, saying a reasonable jury could find in her favor.

  • March 26, 2024

    Fishery Says Request For DOL Cooperators' Names Is Fair

    The federal government cannot withhold information regarding an ongoing wage theft investigation, a fishery told a Mississippi federal court, because the probe is inextricably linked with claims that the company retaliated against employees who cooperated.

  • March 26, 2024

    2nd Circ. Revives Gender Bias Case Against Grocery Chain

    A district court applied too harsh a standard when it dismissed a fired manager's sex bias suit against a supermarket chain, the Second Circuit said Tuesday, in a ruling that sought to "demystify" the test for assessing whether some discrimination claims can move to trial.

  • March 26, 2024

    Workers, Athena Health Seek OK For Meal Break Wage Deal

    Athena Health Care Systems and two of its former workers asked a Connecticut federal court to approve their proposed settlement agreement resolving claims that the company deducted wages for meal breaks even though it purportedly made them work during those breaks.

  • March 25, 2024

    Homeland Security Raids Diddy's Homes In LA, Miami

    The U.S. Department of Homeland Security on Monday raided homes owned by Sean "Diddy" Combs in Los Angeles and Miami, according to a statement from DHS as well as news reports.

  • March 25, 2024

    Boeing Called Out For 'Circular' Logic In Love-Triangle Murder

    A Washington federal judge suggested on Monday that it would be unfair to let Being avoid liability in the early stages of a case involving a love-triangle among workers that ended in murder, calling the argument against allowing litigation to move forward "circular."

  • March 25, 2024

    Judge Finalizes Ban On Taking $540M IP Fight To China

    An Illinois federal judge granted Motorola's request to stop Hytera from pursuing a non-infringement case against it in China, saying Monday that she would also start contempt proceedings in the case.

  • March 25, 2024

    Gorsuch Irked At Having To Decide $3K Furlough Dispute

    Justice Neil Gorsuch expressed incredulity that the U.S. Supreme Court has to resolve a Pentagon employee's $3,000 dispute stemming from a furlough decision, remarking Monday on the "extraordinary" lengths the government has gone to in fighting the case.

Expert Analysis

  • Handling Neurodivergence As The Basis Of Disability Claims

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    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.

  • Employers Should Take Surgeon's Sex Bias Suit As A Warning

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    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.

  • Business Litigators Have A Source Of Untapped Fulfillment

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    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.

  • Generative AI Adds Risk To Employee 'Self-Help' Discovery

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    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.

  • 5 Ways To Hone Deposition Skills And Improve Results

    Excerpt from Practical Guidance
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    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.

  • Series

    Skiing Makes Me A Better Lawyer

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    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.

  • Navigating Trade Secret Litigation In A High-Stakes Landscape

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    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.

  • Opinion

    UK Whistleblowers Flock To The US For Good Reason

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    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.

  • Think Like A Lawyer: Forget Everything You Know About IRAC

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    The mode of legal reasoning most students learn in law school, often called “Issue, Rule, Application, Conclusion,” or IRAC, erroneously frames analysis as a separate, discrete step, resulting in disorganized briefs and untold obfuscation — but the fix is pretty simple, says Luke Andrews at Poole Huffman.

  • Opinion

    There Is No NCAA Supremacy Clause, Especially For NIL

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    A recent Tennessee federal court ruling illustrates the NCAA's problematic position that its member schools should violate state law rather than its rules — and the organization's legal history with the dormant commerce clause raises a fundamental constitutional issue that will have to be resolved before attorneys can navigate NIL with confidence, says Patrick O’Donnell at HWG.

  • Employer Pointers As Wage And Hour AI Risks Emerge

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    Following the Biden administration's executive order on artificial intelligence, employers using or considering artificial intelligence tools should carefully assess whether such use could increase their exposure to liability under federal and state wage and hour laws, and be wary of algorithmic discrimination, bias and inaccurate or incomplete reporting, say attorneys at ArentFox Schiff.

  • The Pros And Cons Of Protecting AI As Trade Secrets

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    Despite regulatory trends toward greater transparency of artificial intelligence models, federal policy acknowledges, and perhaps endorses, trade secret protection for AI information, but there are still hurdles in keeping AI information a secret, say Jennifer Maisel and Andrew Stewart at Rothwell Figg.

  • Complying With Enforcers' Ephemeral Messaging Guidance

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    Given federal antitrust enforcers’ recently issued guidance on ephemeral messaging applications, organizations must take a proactive approach to preserving short-lived communications — or risk criminal obstruction charges and civil discovery sanctions, say attorneys at Manatt.

  • Race Bias Defense Considerations After 11th Circ. Ruling

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    In Tynes v. Florida Department of Juvenile Justice, the Eleventh Circuit affirmed that the McDonnell Douglas test for employment discrimination cases is merely an evidentiary framework, so employers relying on it as a substantive standard of liability may need to rethink their litigation strategy, says Helen Jay at Phelps Dunbar.

  • How Firms Can Ensure Associate Gender Parity Lasts

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    Among associates, women now outnumber men for the first time, but progress toward gender equality at the top of the legal profession remains glacially slow, and firms must implement time-tested solutions to ensure associates’ gender parity lasts throughout their careers, say Kelly Culhane and Nicole Joseph at Culhane Meadows.

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