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Employment
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March 19, 2024
Laborers Benefit Funds Ink $2.45M Settlement In Transfer Suit
Three New York-based asphalt workers are seeking approval of a $2.45 million settlement to their long-running federal class action against two union benefit funds, looking to resolve claims that the funds illegally refused to transfer money to another set of funds.
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March 19, 2024
NCAA Hit With Putative Action Challenging Prize Money Rule
The NCAA is facing yet another legal challenge over its limits on athlete compensation, as a proposed class action in North Carolina looks to knock down the association's rules barring players from collecting prize money in outside competitions.
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March 19, 2024
Alston & Bird, Ex-Staffer Dodge Ga. Judge's Contempt Threat
A Georgia federal judge in a hearing Tuesday backed off a threat to hold in contempt lawyers for Alston & Bird LLP and a former diversity staffer who sued the firm, alleging unpaid overtime claims, over their repeated failures to file a $55,000 settlement agreement with the court.
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March 19, 2024
Ex-Lynch Carpenter Atty Hits Firm With Whistleblower Case
A former associate for Lynch Carpenter LLP has brought a whistleblower suit in Los Angeles Superior Court claiming labor code violations, discrimination, breach of contract and retaliation after allegedly witnessing "multiple instances of unethical conduct that he believed constituted fraud and/or legal malpractice."
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March 18, 2024
NYC Mayor Accused Of Sexually Assaulting Former Colleague
A woman sued New York City Mayor Eric Adams on Monday under the state's Adult Survivors Act, alleging he demanded quid pro quo sexual favors and sexually assaulted her after she sought career advice from him in 1993.
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March 18, 2024
Judge Trims ADA Claims From Disney Worker's Vaccine Suit
A Florida federal judge ruled Monday that a Disney employee fired for failing to comply with COVID-19 procedures cannot bring claims under the Americans with Disabilities Act because the law does not cover potential future disabilities, like the risk of infection from not being vaccinated.
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March 18, 2024
Google Evades Sanctions A Second Time In Ex-Employee Suit
A Texas federal judge denied an ex-Google worker's second attempt to level sanctions against his former employer in the latest tit-for-tat between the parties on Monday, saying that the tech giant had met the court's previous orders on discovery obligations.
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March 18, 2024
HSBC Securities Can't Exit Ex-Rep's Whistleblower Suit
A New York federal judge on Monday green-lit a whistleblower retaliation suit by a former HSBC Securities employee who claimed he was fired for reporting "rampant front-running" by HSBC traders, saying that while certain claims must be trimmed the suit plausibly alleges protected activity was a contributing factor to his termination.
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March 18, 2024
Dartmouth College Won't Bargain With Men's Basketball Team
Dartmouth College is rejecting a bid by a Service Employees International Union local to bargain for a contract covering men's basketball players, a university spokesperson said Monday, signaling the school's plan to take to federal court its fight over whether collegiate athletes are statutory employees.
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March 18, 2024
7th Circ. Wants Del. High Court's Input On Stock Shares Row
The Seventh Circuit on Friday asked Delaware's top court to clarify a ruling it made earlier this year upholding the enforceability of forfeiture-for-competition provisions in limited partnership agreements, saying it found "meaningful differences" between that case and an ex-manager's bid before it to keep the stock sale proceeds he earned before working for a competitor.
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March 18, 2024
The Biggest Trade Secrets Awards In The Last 5 Years
Trade secrets cases are having a moment in the spotlight, thanks to some gargantuan damages awards over the past five years and more flexibility for plaintiffs to argue for what they think they are owed.
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March 18, 2024
11th Circ. Urged To Nix Ala. Coach's Win In Gender Bias Suit
Alabama State University has urged the Eleventh Circuit to reverse a win for the school's former softball coach, who claimed she was suspended because of her gender, saying she did not demonstrate a case of bias.
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March 18, 2024
Minute Media Buys Rights To Publish Sports Illustrated
Digital content business Minute Media has purchased the publishing rights for Sports Illustrated, keeping alive a longtime brand that recently obliterated its newsroom with layoffs and shut down its betting platform, according to a Monday announcement.
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March 18, 2024
2nd Circ. Won't Revive CUNY Profs' Union Antisemitism Suit
The Second Circuit won't revive a suit lodged by six Jewish professors at the City University of New York claiming that a state law unlawfully requires them to associate with a union that they allege holds antisemitic views, ruling that the provision passes muster under the U.S. Constitution.
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March 18, 2024
Canada Dry Gets Va. Wage Claim Trimmed From OT Suit In Pa.
A Pennsylvania federal judge agreed Monday to toss Virginia state wage claims from a Pennsylvania lawsuit accusing Canada Dry of miscalculating overtime wages for eligible workers, saying a 2022 amendment that set overtime pay limits dooms the state wage claims.
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March 18, 2024
Construction Co. Can't Dodge Fired Pa. Pot Patient's Bias Suit
A Pennsylvania federal judge has kept alive the crux of a former painter's suit alleging an industrial construction company illegally fired her after she tested positive for pot despite holding a medical marijuana card, finding her collective bargaining agreement doesn't bounce the claim from court.
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March 18, 2024
Leerink Enticed Goldman Exec With False Promises, Suit Says
An investment banker says she was lured away from a senior position at Goldman Sachs to Boston-based Leerink Partners with what turned out to be a meaningless job title and false promises of guaranteed bonuses, according to a lawsuit filed Monday in Massachusetts state court.
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March 18, 2024
Ohio Court Backs School Board's Win In Race, Sex Bias Suit
An Ohio state appeals court affirmed the Dayton Board of Education's early win in a race and sex bias suit brought against it by a Black former administrator, agreeing with the lower court that she failed to present any direct evidence of discrimination related to her departure.
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March 18, 2024
NC Judge Axes Wage Suit After Attys Flout Pretrial Deadlines
A North Carolina judge has cast out an employment dispute between a funeral home and its former president on the eve of trial after both sides neglected deadlines, saying he'll dismiss the case in its entirety with a chance to refile and "clean the slate."
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March 18, 2024
Seton Hall Aims To Erase Ex-President's 'Sensational' Suit
Seton Hall University has called on a New Jersey state court to throw out its former president's claims he was forced out for blowing the whistle on alleged misconduct by former board chair and prominent criminal defense attorney Kevin Marino, saying the suit is "what can best be described as gamesmanship, and at worst sheer dishonesty."
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March 18, 2024
Justices Won't Review Detention Officers' Overtime Suit
The U.S. Supreme Court said Monday that it won't weigh in on whether a Georgia sheriff acted as an employer and qualifies for immunity from an overtime suit brought by two detention officers, rejecting the officers' bid for review of an Eleventh Circuit decision tossing their case.
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March 18, 2024
Tesla Settles Suit Alleging Pervasive Racism At Calif. Factory
Tesla told a California federal court it has agreed to settle a Black former subcontractor's long-running suit alleging he faced rampant racist harassment at one of the carmaker's factories, ending a battle over how much Tesla would pay him after getting a massive damages award overturned.
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March 18, 2024
Major Lindsey Followed Rules In Sex Assault Suit, Judge Says
A Chicago-based attorney who represents Major Lindsey & Africa LLC in an ex-employee's New York sexual assault suit did not run afoul of court requirements by sending a letter demanding that she drop the claims, a judge held Monday.
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March 18, 2024
Vexed Judge Rejects Apple Affiliate's Bid To Duck Judgment
A visibly nettled federal judge on Monday rejected another attempt by an Apple-affiliated repair company to dodge final judgment in a multistate wage class action while also promising to look into whether there was an oversight made in issuing final judgment.
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March 18, 2024
Catching Up With Delaware's Chancery Court
Multimillion-dollar e-cigarette settlements, $4 billion in stock buybacks and a $6.1 million appraisal tweak were among the big-dollar items logged in the Delaware Court of Chancery's ledger last week. Also on the docket: a Panama port project, a news outlet's defamation case, drone disputes and a flood of mail from Tesla shareholders. In case you missed it, here's all the latest from the Chancery Court.
Expert Analysis
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Series
In Focus At The EEOC: Eliminating Recruiting, Hiring Barriers
While the recruiting and hiring segment of the U.S. Equal Employment Opportunity Commission’s recently finalized strategic enforcement plan spotlights the potential discriminatory effects of artificial intelligence, employers should note that it also touches on traditional bias issues such as unlawfully targeted job advertisements and application inaccessibility, say Rachel See and Annette Tyman at Seyfarth.
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What Whistleblowing Trends Mean For Securities Litigation
A recent survey on whistleblowing-related topics suggests several valuable lessons for companies to consider regarding securities and shareholder litigation, and underscores the need to implement and advertise robust whistleblowing policies to employees, say attorneys at Freshfields.
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How Cos. Can Mitigate IP Risks After NY Labor Law Updates
A recent New York labor law amendment limits the permissible scope of invention assignment agreements, leading to potential intellectual property risks for New York-based employers, which they can reduce through several steps, including the reevaluation of assignment provisions in employment agreements, say attorneys at Crowell & Moring.
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A Look Into The Developing Regulation Of Employer AI
Although employers' use of artificial intelligence is still limited, legislators and companies have been ramping up their efforts to regulate its use in the workplace, with employers actively contributing to the ongoing debate, say Gerald Hathaway and Marc-Joseph Gansah at Faegre Drinker.
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Get Ready For Calif.'s Expanded Restrictive Covenant Ban
California recently passed the second of two new laws that together largely prohibit restrictive covenants, even for certain out-of-state employers — and since there's not much time before the statutes become effective, now is the time for companies to revisit how their confidential information will be protected, says Russell Beck at Beck Reed.
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Class Action Defense: Don't Give Up On Bristol-Myers Squibb
Federal appellate court decisions in the six years since the U.S. Supreme Court decided Bristol-Myers Squibb show that it's anyone's ballgame in class action jurisdictional arguments, so defendants are encouraged to consider carefully whether, where and when arguing lack of specific personal jurisdiction may be advantageous, say attorneys at K&L Gates.
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Parsing Maryland's Earned Wage Access Products Guidance
The Maryland Office of Financial Regulation's new guidance on earned wage access products intended to provide clarity under the state's law may be confusing, but ultimately means one thing — you are either the employer's service provider helping offer an employee benefit, or you are not and therefore considered a lender, say attorneys at Greenberg Traurig.
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Pro Bono Work Is Powerful Self-Help For Attorneys
Oct. 22-28 is Pro Bono Week, serving as a useful reminder that offering free legal help to the public can help attorneys expand their legal toolbox, forge community relationships and create human connections, despite the challenges of this kind of work, says Orlando Lopez at Culhane Meadows.
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High Court Bakery Driver Case Could Limit Worker Arbitration
Employers that require arbitration of worker claims under the Federal Arbitration Act should closely follow Bissonnette v. LePage Bakeries as it goes before the U.S. Supreme Court, which could thoroughly expand the definition of “transportation workers” who are exempt from compulsory arbitration and force companies to field more employee disputes in court, says Nick Morisani at Phelps Dunbar.
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Rebuilding The Construction Industry With AI
Artificial intelligence in the construction industry will usher in a new era of innovation and efficiency, leading to cheaper, safer and more environmentally conscious building practices, but it will also bring concerns related to data security, workforce training and job displacement, say Josephine Bahn and Jeffery Mullen at Cozen O'Connor.
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Series
Playing In A Rock Cover Band Makes Me A Better Lawyer
Performing in a classic rock cover band has driven me to hone several skills — including focus, organization and networking — that have benefited my professional development, demonstrating that taking time to follow your muse outside of work can be a boon to your career, says Michael Gambro at Cadwalader.
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FTC, DOL Collab Marks New Labor Market Enforcement Era
The Federal Trade Commission and the U.S. Department of Labor’s recent agreement to share information and coordinate investigations, coupled with new premerger rules and merger guidelines, underscores the paradigm shift underway to use the full authority of administrative agencies for worker protection, say Jeetander Dulani and Bill Kearney at Stinson.
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AI At Work: Safety And NLRA Best Practices For Employers
Excerpt from Practical Guidance
There are many possible legal ramifications associated with integrating artificial intelligence tools and solutions into workplaces, including unionized workplaces' employer obligations under the National Labor Relations Act, and health and safety issues concerning robots and AI, say attorneys at Proskauer.
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Series
The Pop Culture Docket: Judge Espinosa On 'Lincoln Lawyer'
The murder trials in Netflix’s “The Lincoln Lawyer” illustrate the stark contrast between the ethical high ground that fosters and maintains the criminal justice system's integrity, and the ethical abyss that can undermine it, with an important reminder for all legal practitioners, say Judge Adam Espinosa and Andrew Howard at the Colorado 2nd Judicial District Court.
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Series
In Focus At The EEOC: Advancing Equal Pay
The U.S. Equal Employment Opportunity Commission’s recently finalized strategic enforcement plan expresses a renewed commitment to advancing equal pay at a time when employees have unprecedented access to compensation information, highlighting for employers the importance of open communication and ongoing pay equity analyses, say Paul Evans at Baker McKenzie and Christine Hendrickson at Syndio.