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Employment
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June 20, 2024
ZoomInfo Hit With Race Bias Claim By Fired Account Exec
A Black former senior account executive at ZoomInfo Technologies Inc. says he was repeatedly denied promotions and transfers despite outperforming white colleagues, then was fired in retaliation for filing a discrimination complaint.
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June 20, 2024
Tesla Let Racism Go Unchecked In Calif. Factories, Suit Says
Harassment ran rampant in two Tesla factories where racist graffiti was commonplace and Black and Hispanic workers were taunted with racial slurs, according to a suit filed in California state court.
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June 20, 2024
ACLU Urges 9th Circ. To Reject Insurer's Trans Health Appeal
The American Civil Liberties Union urged the Ninth Circuit to reject Blue Cross Blue Shield of Illinois' appeal seeking to overturn a lower court ruling that found denying transgender health plan participants gender-affirming care violated the Affordable Care Act, arguing federal healthcare nondiscrimination laws clearly protected against gender identity bias.
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June 20, 2024
Raytheon, Christian Ex-Worker Agree To End Vax Bias Suit
Raytheon and a Christian former data manager agreed to end her suit alleging the defense contractor unlawfully fired her because she requested a religious exemption to its COVID-19 vaccination policy, a filing in Florida federal court said.
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June 20, 2024
Snapchat Inks $15M Deal In Calif. Watchdog's Sex Bias Suit
The parent company of Snapchat agreed to pay $15 million to end a California Civil Rights Department suit alleging it discouraged women from applying for promotions and failed to protect them from inappropriate sexual advances, according to a filing in California state court.
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June 18, 2024
Newsom, Legislators Reach Agreement On PAGA Reform
California Gov. Gavin Newsom and state legislative leaders on Tuesday unveiled reforms to California's Private Attorneys General Act, including major changes to the law's penalty structure, changes they say will avoid a "contentious" ballot measure campaign.
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June 18, 2024
High Court Petition Asks Justices: What's A 'Willful' Kickback?
Does a "willful" act under federal anti-kickback law require a defendant to know that the conduct violates the law? That's the question a whistleblower is asking the U.S. Supreme Court to answer in order to resolve what the petition calls a circuit split on a key question of federal fraud prosecutions.
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June 18, 2024
Cuomo's Ex-Aide Details Sex Harassment Claims In New Suit
Former New York Gov. Andrew Cuomo's onetime executive assistant has filed a civil lawsuit in New York state court, accusing Cuomo of "outrageous sex discrimination and retaliation" roughly two years after related misdemeanor charges over the alleged misconduct were dropped.
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June 18, 2024
Amazon Hit With $5.9M Fine For Violating Calif. Quota Law
California's labor commissioner has fined Amazon $5.9 million for violating the Golden State's Warehouse Quotas Law, which requires employers to give workers written notice of any quotas they must follow, according to a Tuesday announcement.
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June 18, 2024
Feds Say Discovery Order Exposes Migrants To Retaliation
The U.S. Department of Labor is urging a Mississippi federal court to reconsider ordering the disclosure of informants' identities in an investigation into a fish farm's labor practices, saying the May order exposed the informants, who are also migrant employees at the farm, to possible retaliation.
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June 18, 2024
Seattle Can't Stop Firefighters' COVID Vaccine Suit
Firefighters who sued over Seattle's COVID-19 vaccine mandate have offered sufficient evidence to allege they faced religious discrimination, according to a federal magistrate judge who trimmed some claims on Tuesday but refused to toss the lawsuit.
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June 18, 2024
Ex-Twitter Workers Seek Class Cert. In Arbitration Fee Fight
A group of former Twitter workers who accuse X Corp. of stalling their employment disputes by refusing to pay arbitration fees urged a California federal judge Monday to certify multiple classes of workers over allegations their arbitration efforts have been thwarted by the social media giant.
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June 18, 2024
Meat Plant Workers Seek OK On Latest $4M Wage-Fix Deal
Red meat processing plant workers have sought preliminary approval for their latest settlement over wage-fixing claims, a $4 million deal that adds American Foods Group LLC to the list of companies to cut deals that also includes JBS, Tyson, Perdue, Seaboard, Triumph and consulting firm Webber Meng Sahl & Co.
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June 18, 2024
9th Circ. Nixes City's Win In Wash. Firefighter Vax Order Suit
The Ninth Circuit on Tuesday revived a lawsuit by a group of firefighters who claim the city of Spokane, Washington, violated their constitutional rights when it fired them for refusing to get COVID-19 vaccines and instead relied on first responders from nearby agencies who also hadn't gotten the shot, ruling they'd asserted a viable First Amendment claim.
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June 18, 2024
DuPont, Corteva Must Face Pension Benefits Class Action
Chemical companies DuPont and Corteva can't escape a class action claiming they illegally stripped retirement benefits from hundreds of workers following a merger and subsequent spinoff, a Pennsylvania federal judge ruled, finding factual disputes that need to be sorted out at trial.
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June 18, 2024
7th Circ. Brings Back Cruise Worker's OT Suit
The Seventh Circuit revived a proposed collective action Tuesday accusing a steamboat cruise company of depriving workers of overtime wages, finding Indiana arbitration law states that the pact the worker and company signed is governed by, and is invalid under, the Federal Arbitration Act.
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June 18, 2024
2nd Pa. Jury Can't Agree On Uber Black Drivers' Status
A second Pennsylvania federal jury was unable to determine whether Uber Black drivers are the company's employees or independent contractors, telling the trial judge on Tuesday that the eight members were hopelessly deadlocked.
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June 18, 2024
5th Circ. Rules On 'Heated' Discovery Row In LSU Bias Case
The Fifth Circuit has undone a ruling that a former assistant athletic director for the Lousiana State University football team had plausibly shown university officials may have violated public records law in connection with a Title IX investigation.
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June 18, 2024
Ogletree Adds Quarles & Brady Litigator In San Diego
Labor and employment firm Ogletree Deakins Nash Smoak & Stewart PC has hired from Quarles & Brady LLP a new shareholder for its San Diego office who has more than a decade of experience.
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June 18, 2024
Epstein Becker Partner Rejoins Ogletree In Rhode Island
Ogletree Deakins Nash Smoak & Stewart PC has rehired an attorney who spent the past three years working with Epstein Becker & Green PC on a range of employment-related matters, the firm announced Tuesday.
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June 18, 2024
Amazon Union Workers Vote To Affiliate With Teamsters
Workers at the only unionized Amazon warehouse in the U.S. have voted to fold their independent outfit into the Teamsters, the transportation and logistics union announced Tuesday.
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June 18, 2024
Mayer Brown Adds Litigation Vet As Employment Co-Chair
Mayer Brown LLP said Tuesday it added an employment litigation veteran with nearly two decades of experience to co-lead the firm's employment litigation and counseling practice.
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June 18, 2024
Worker Says Meta Penalized Him For Standing Up For Women
An engineer sued Meta on Tuesday in New York federal court alleging his manager gave him false negative performance reviews and told him to resign after he spoke up on behalf of female employees who were being stripped of responsibilities, passed over for promotions and unfairly criticized.
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June 18, 2024
McElroy Deutsch Says Exec Embezzled Money For Home
McElroy Deutsch Mulvaney & Carpenter LLP has doubled down on its bid for a constructive trust on the home of two former executives accused of stealing from the firm.
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June 18, 2024
10th Circ. Won't Revive Airline's Union Election Challenge
A low-cost airline based in the Salt Lake City area lost its challenge to a union representation as the Tenth Circuit ruled that a Utah federal judge correctly dismissed the case.
Expert Analysis
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8 Steps Companies Should Take After An Internal Investigation
Given the U.S. Department of Justice’s increasing focus on corporate compliance and remediation of misconduct, companies must follow through in several key ways after an internal investigation to ensure history does not repeat itself, say Jonathan Aronie and Joseph Jay at Sheppard Mullin.
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Circuit Judge Writes An Opinion, AI Helps: What Now?
Last week's Eleventh Circuit opinion in Snell v. United Specialty Insurance, notable for a concurrence outlining the use of artificial intelligence to evaluate a term's common meaning, is hopefully the first step toward developing a coherent basis for the judiciary's generative AI use, says David Zaslowsky at Baker McKenzie.
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Attys Beware 2 Commonly Overlooked NIL Contract Issues
As name, image and likeness deals dominate high school and collegiate sports, preserving a client's NCAA eligibility should be a top priority, so lawyers should understand the potentially damaging contract provisions they may encounter when reviewing an agreement, says Paula Nagarajan at Arnall Golden.
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After Years Of Popularity, PAGA's Fate Is Up In The Air
The last two years held important victories for plaintiff-side employment attorneys in California Private Attorneys General Act litigation at the trial and appellate court levels, but this hotbed of activity will quickly lose steam if voters approve a ballot measure in November to enact the California Fair Pay and Employer Accountability Act, says Paul Sherman at Kabat Chapman.
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12 Keys To Successful Post-Trial Juror Interviews
Post-trial interviews offer attorneys an avenue to gain valuable insights into juror decision making and get feedback that can inform future litigation strategies, but certain best practices must be followed to get the most out of this research tool, say Alexa Hiley and Brianna Smith at IMS Legal.
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How Employers, Attorneys Can Respond To Noncompete Ban
As the Federal Trade Commission's recently issued noncompete ban faces ongoing legal challenges, now is a good time for employers to consider whether they want to take a wait-and-see approach before halting use of noncompetes and for practitioners to gain insight into other tools available to protect their clients' business interests, says Jennifer Platzkere Snyder at Dilworth Paxson.
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Perspectives
Trauma-Informed Legal Approaches For Pro Bono Attorneys
As National Trauma Awareness Month ends, pro bono attorneys should nevertheless continue to acknowledge the mental and physical effects of trauma, allowing them to better represent clients, and protect themselves from compassion fatigue and burnout, say Katherine Cronin at Stinson and Katharine Manning at Blackbird.
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Cos. Must Stay On Alert With Joint Employer Rule In Flux
While employers may breathe a sigh of relief at recent events blocking the National Labor Relations Board's proposed rule that would make it easier for two entities to be deemed joint employers, the rule is not yet dead, say attorneys at Day Pitney.
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4 Arbitration Takeaways From High Court Coinbase Ruling
The U.S. Supreme Court's May 23 decision in Coinbase v. Suski, which provides clarity to parties faced with successive contracts containing conflicting dispute resolution provisions, has four practical impacts for contracting parties to consider, say Charles Schoenwetter and Eric Olson at Bowman and Brooke.
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Series
Playing Music Makes Me A Better Lawyer
My deep and passionate involvement in playing, writing and producing music equipped me with skills — like creativity, improvisation and problem-solving — that contribute to the success of my legal career, says attorney Kenneth Greene.
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Lessons In High-Profile Jury Selection Amid NY Trump Trial
Richard Gabriel and Michelle Rey LaRocca at Decision Analysis consider how media exposure can affect a prospective juror in a high-profile case, the misunderstood nature of bias, and recommendations for jury selection in these unique situations as the Trump hush money trial continues in New York.
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How Attys Can Avoid Pitfalls When Withdrawing From A Case
The Trump campaign's recent scuffle over its bid to replace its counsel in a pregnancy retaliation suit offers a chance to remind attorneys that many troubles inherent in withdrawing from a case can be mitigated or entirely avoided by communicating with clients openly and frequently, says Christopher Konneker at Orsinger Nelson.
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One Contract Fix Can Reduce Employer Lawsuit Exposure
A recent Fifth Circuit ruling that saved FedEx over $365 million highlights how a one-sentence limitation provision on an employment application or in an at-will employment agreement may be the easiest cost-savings measure for employers against legal claims, say Sara O'Keefe and William Wortel at BCLP.
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Using A Children's Book Approach In Firm Marketing Content
From “The Giving Tree” to “Where the Wild Things Are,” most children’s books are easy to remember because they use simple words and numbers to tell stories with a human impact — a formula law firms should emulate in their marketing content to stay front of mind for potential clients, says Seema Desai Maglio at The Found Word.
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The State Of Play In DEI And ESG 1 Year After Harvard Ruling
Almost a year after the U.S. Supreme Court decided Students for Fair Admissions v. Harvard, attorney general scrutiny of environmental, social and governance-related efforts indicates a potential path for corporate diversity, equity and inclusion initiatives to be targeted, say attorneys at Crowell & Moring.