Employment

  • September 11, 2024

    Pest Control Company Wraps Up Fired Worker's PWFA Charge

    The U.S. Equal Employment Opportunity Commission said Wednesday that a pest control company in Florida will cough up about $47,000 to settle allegations that it violated the Pregnant Workers Fairness Act by firing a worker who wanted to attend monthly medical appointments.

  • September 11, 2024

    Top Calif. Biz Bills Sitting On Gov. Newsom's Desk

    Among the hundreds of bills awaiting California Governor Gavin Newsom's signature are a number that would create new guidelines for Golden State employers, healthcare industry players, as well as artificial intelligence labeling, textile recycling and increasing criminal penalties for corporate malfeasance by tens of millions of dollars.

  • September 11, 2024

    Wayfair Beats Fired Worker's Disability Bias Suit At 3rd Circ.

    The Third Circuit refused Wednesday to revive a disability bias suit from a former Wayfair warehouse worker who said the furniture retailer violated New Jersey law when it fired him, backing a trial court's finding that he couldn't handle the essential functions of his job.

  • September 11, 2024

    Split 6th Circ. Backs SEC Win In Proxy Adviser Rule Change

    A divided Sixth Circuit has upheld the U.S. Securities and Exchange Commission's decision to partially undo Trump-era rules governing proxy advisers, creating an apparent split with the Fifth Circuit on whether the agency's regulatory actions violated the Administrative Procedure Act.

  • September 11, 2024

    Uber, Postmates Ask Justices To Address AB 5 Classifications

    Postmates and Uber urged the U.S. Supreme Court to reverse the Ninth Circuit's decision dismissing their constitutional challenge to California's worker classification law, arguing that A.B. 5 singles them out and strips them of equal protection under the law, according to their petition to the high court.

  • September 11, 2024

    2nd Circ. Reverses S. Korean Consulate Chauffeur's Wage Win

    The Second Circuit on Wednesday overturned a decision that allowed a chauffeur working for South Korea's foreign consulate in Manhattan to pursue his wage-and-hour claims against the organization, ruling that the lower court was too quick to decide that the consulate was not immune to the claims under the foreign sovereignty law.

  • September 11, 2024

    5th Circ. To Rethink Houston Firm's Poaching Suit Removal

    The Fifth Circuit agreed on Wednesday to rethink its decision not to touch a dispute between Abraham Watkins Nichols Agosto Aziz & Stogner and one of its former attorneys over whether the ex-employee waived his right to remove the firm's poaching suit to federal court.

  • September 11, 2024

    Nurse Says Hospital Rounding Policy Stole Her Wages

    A hospital nurse filed a proposed class and collective action Tuesday claiming she was stiffed of her wages because of the hospital system's unlawful timekeeping rounding practices and an obligation to be on-call even during meal breaks.

  • September 11, 2024

    NLRB Slaps Amazon For Settlement Violations in NY, Ill.

    Amazon violated an unfair labor practice settlement it reached with the National Labor Relations Board when it issued a policy restricting employees' off-duty access to facilities in Illinois and New York, the board ruled, ordering the company to rescind the policy and properly inform workers of their organizing rights.

  • September 11, 2024

    Mass. Jury Weighs Raft Of Fraud Charges Against Ex-Pol

    A Boston federal jury resumed deliberations Wednesday in a criminal case alleging a former Massachusetts state senator lied on his taxes and an application for pandemic unemployment aid, after the ex-politico testified in his own defense.

  • September 11, 2024

    Kirkland Can't Shake Former Associate's Bias Suit

    A California federal judge has mostly rejected efforts by Kirkland & Ellis to pare down the discrimination suit of a former intellectual property associate, while also backing a prior order that prevented the firm from subpoenaing her former BigLaw employers for confidential personnel information.

  • September 11, 2024

    10th Circ. Backs Christian School Worker's Religious Bias Suit

    The Tenth Circuit revived religious discrimination claims from a former assistant principal who was fired after voicing concern about a school production of a play about the murder of a gay man, ruling that he provided enough circumstantial evidence to keep those allegations in court.

  • September 11, 2024

    Education Tech Co. Settles EEOC Pay Bias Probe

    Boxlight Inc. agreed to change its policies and have a third-party auditor examine its pay practices after a U.S. Equal Employment Opportunity Commission investigation found the education technology company willfully underpaid a female manager, the EEOC said.

  • September 11, 2024

    Phelps Dunbar Recruits 6 Litigators In Raleigh

    Phelps Dunbar LLP has hired six lawyers in Raleigh to serve the business and litigation needs of companies in North and South Carolina, adding strength in health care, construction, employment and intellectual property.

  • September 11, 2024

    MS Charity Liable For Not Assessing Risks To Pregnant Staffer

    A multiple sclerosis charity discriminated against a pregnant support officer by failing to run a pregnancy-specific risk assessment for her role, a tribunal has ruled.

  • September 11, 2024

    Worker Credit Moratorium Effectively Killed Claims, Court Told

    An Internal Revenue Service moratorium on processing tax credits for retaining employees during the coronavirus pandemic has effectively disallowed the granting of credits to deserving businesses, a Texas Montessori school told a federal court as it pursued a refund of nearly $200,000 in credits.

  • September 11, 2024

    Healthcare Co. Denied Nurse Time For Surgery, EEOC Says

    A company that operates nursing and rehabilitation facilities failed to act when a nurse was sexually harassed by her supervisor, then told the employee to quit when she needed time off for surgery, the U.S. Equal Employment Opportunity Commission said in Illinois federal court.

  • September 11, 2024

    Constangy Brings On More Jackson Lewis Attys In San Diego

    Three former Jackson Lewis PC attorneys have come aboard at the San Diego office of labor and employment firm Constangy Brooks Smith & Prophete LLP, joining four onetime Jackson Lewis colleagues who arrived at Constangy this summer. 

  • September 11, 2024

    Barrister Accused Of Groping Paralegal At Work Dinner

    A barrister with One Essex Court groped a legal assistant during a work dinner, the Bar Standards Board told a tribunal Wednesday.

  • September 11, 2024

    Freelancer Loses Unfair Dismissal Case Against Al Jazeera

    An employment tribunal has ruled that Al Jazeera did not push a Zimbabwean journalist to quit when he had finished working on an investigative series about gold-smuggling because he was not an employee at the time.

  • September 11, 2024

    Doctor Gets OK To Sue Despite Calling Exec 'Evil Bastard'

    A doctor who swore at a hospital boss in public can still bring his claim against a National Health Service trust, after an employment tribunal ruled that he was not likely to repeat his actions with any other witnesses in the case.

  • September 11, 2024

    UK Pension Funding Surplus Dips £500M After BoE Rate Cut

    The funding surplus of U.K. pension plans fell by £500 million ($653 million), according to official figures, after the Bank of England cut interest rates in August.

  • September 10, 2024

    NLRB Says Pa. Hospital Must Give Union Wage Info

    A Pittsburgh-based psychiatric hospital must provide nonunion wage information to a union representing nursing employees, the National Labor Relations Board has ruled, upholding an administrative law judge's decision that the data is relevant for the union to execute its duties.

  • September 10, 2024

    Blink Fitness Lands $105M Bid From PureGym

    Bankrupt gym chain Blink Fitness landed a stalking horse bid from a unit of U.K.-based global gym operator PureGym Ltd. that sets a $105 million floor price for a Chapter 11 auction set to be held later this month, the companies said Tuesday.

  • September 10, 2024

    Call Center Worker Says She Was Stiffed Boot-Up Time Pay

    A customer service call center worker filed a proposed class and collective action claiming she was denied wages for boot-up time, according to a complaint filed in Michigan federal court.

Expert Analysis

  • Proposed NIL Deal Leaves NCAA Antitrust Liability Door Open

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    The proposed House v. NCAA settlement filed in California federal court creates the possibility of significant direct payments to student-athletes for the first time, but the resulting framework is unlikely to withstand future antitrust scrutiny because it still represents an agreement among competitors to limit labor cost, says Yaman Desai at Lynn Pinker.

  • Opinion

    Expert Witness Standards Must Consider Peer Review Crisis

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    For nearly two decades, the so-called replication crisis has upended how the scientific community views the reliability of peer-reviewed studies, and it’s time for courts to reevaluate whether peer review is a trustworthy proxy for expert witness reliability, say Jeffrey Gross and Robert LaCroix at Reid Collins.

  • Eye On Compliance: New Pregnancy And Nursing Protections

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    With New York rolling out paid lactation breaks and extra leave for prenatal care, and recent federal legislative developments enhancing protection for pregnant and nursing workers, employers required to offer these complex new accommodations should take several steps to mitigate their compliance risks, says Madjeen Garcon-Bonneau at Wilson Elser.

  • How To Grow Marketing, Biz Dev Teams In A Tight Market

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    Faced with fierce competition and rising operating costs, firms are feeling the pressure to build a well-oiled marketing and business development team that supports strategic priorities, but they’ll need to be flexible and creative given a tight talent market, says Ben Curle at Ambition.

  • Patent Lessons From 5 Federal Circuit Reversals In June

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    A look at June cases where the Federal Circuit reversed or vacated decisions by the Patent Trial and Appeal Board or a federal district court highlights a potential path for branded drugmakers to sue generic-drug makers for off-label uses, potential downsides of violating a pretrial order offering testimony, and more, say Denise De Mory and Li Guo at Bunsow De Mory.

  • Series

    Rock Climbing Makes Me A Better Lawyer

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    Rock climbing requires problem-solving, focus, risk management and resilience, skills that are also invaluable assets in my role as a finance lawyer, says Mei Zhang at Haynes and Boone.

  • What's Next After NLRB Ruling On Overbroad Noncompetes

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    If the National Labor Relations Board's recent ruling on noncompete provisions and its extension of Section 7 rights to limit noncompetes is adopted, this interpretation of the National Labor Relations Act will have to survive scrutiny by the courts without the deference previously afforded under the U.S. Supreme Court's recent overturning of Chevron, say attorneys at Littler.

  • Think Like A Lawyer: Dance The Legal Standard Two-Step

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    From rookie brief writers to Chief Justice John Roberts, lawyers should master the legal standard two-step — framing the governing standard at the outset, and clarifying why they meet that standard — which has benefits for both the drafter and reader, says Luke Andrews at Poole Huffman.

  • Recent Settlement Shows 'China Initiative' Has Life After Death

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    Though the U.S. Department of Justice shuttered its controversial China Initiative two years ago, its recent False Claims Act settlement with the Cleveland Clinic Foundation demonstrates that prosecutors are more than willing to civilly pursue research institutions whose employees were previously targeted, say attorneys at Benesch.

  • How Calif. Ruling Alters Worker Arb. Agreement Enforcement

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    The California Supreme Court’s recent ruling in Ramirez v. Charter Communications should caution employers that while workers’ arbitration agreements will no longer be deemed unenforceable based on their number of unconscionable provisions, they must still be fair and balanced, says Sander van der Heide at CDF Labor.

  • Congress Quietly Amends FEPA: What Cos. Should Do Now

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    Last week, Congress revised the Foreign Extortion Prevention Act — passed last year to criminalize demand-side foreign bribery — to address inconsistencies and better harmonize the law with the Foreign Corrupt Practices Act, and companies should review their compliance programs accordingly, say Mark Mendelsohn and Benjamin Klein at Paul Weiss.

  • How First-Of-Its-Kind NIL Lawsuit Is Shaping College Athletics

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    College quarterback Jaden Rashada's recent fraudulent inducement allegations filed against the University of Florida’s head football coach in Florida federal court provide a glimpse into how universities and collectives are navigating novel name, image and likeness issues, and preview potential future legal challenges these institutions may face, say attorneys at O'Melveny.

  • CFTC Action Highlights Necessity Of Whistleblower Carveouts

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    The U.S. Commodity Futures Trading Commission's novel settlement with a trading firm over allegations of manipulating the market and failing to create contract carveouts for employees to freely communicate with investigators serves as a beacon for further enforcement activity from the CFTC and other regulators, say attorneys at Davis Wright.

  • Series

    Being A Luthier Makes Me A Better Lawyer

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    When I’m not working as an appellate lawyer, I spend my spare time building guitars — a craft known as luthiery — which has helped to enhance the discipline, patience and resilience needed to write better briefs, says Rob Carty at Nichols Brar.

  • Defending Against Aggressive DOL Child Labor Enforcement

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    The U.S. Department of Labor's recent unsuccessful injunction against an Alabama poultry facility highlights both the DOL's continued focus on child labor violations and the guardrails and defenses that employers can raise, say attorneys at Littler.

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