Employment

  • March 01, 2024

    GRSM50 Adds Employment Pro In San Diego From Solo Shop

    Gordon Rees Scully Mansukhani LLP, now known as GRSM50, is bolstering its employment team, bringing in a trial attorney, with his own firm, adept at class actions as a partner in its San Diego office.

  • February 29, 2024

    MoMA Says Assaults 'Unfortunate,' But Not Museum's Fault

    The Museum of Modern Art has asked a New York state court to toss a suit claiming that it failed to protect nude performers in an art exhibition from sexual assault, arguing that, while the incidents are regrettable, the facts of the case don't give rise to legal action. 

  • February 29, 2024

    Exxon Protected From Plant Fire Suits, Texas Court Rules

    Providing workers' compensation insurance to its subcontractors shielded ExxonMobil Corp. from personal injury lawsuits brought by workers hurt in a fire at one of its petrochemical plants, a Texas appellate court said Thursday, overriding a trial court ruling against the oil giant.

  • February 29, 2024

    Ousted Talent Agency CEO Sues Over 'Bogus' Firing

    Talent agency Verve's former CEO William Weinstein sued his fellow co-founders in California state court Thursday, alleging they fired him in bad faith for the "bogus" cause to cut him out of his equity shares and leaked his termination to the press in violation of the confidentiality provisions of their operating agreement.

  • February 29, 2024

    Houston Judge Again Declines Recusal In Back Wages Fight

    A Texas state judge again declined to recuse himself in a dispute between a Lewis Brisbois partner and his previous law firm after the partner filed a motion accusing the judge of allowing counsel for a Houston firm to "engage in numerous attacks" against him based on his sexuality.

  • February 29, 2024

    Black Detective Costume Not Protected Speech, Kraft Says

    A white manager who was fired by Kraft Heinz for wearing blackface as part of a Halloween costume in which he dressed as a character from the television show "Miami Vice" doesn't have a viable retaliation suit because his costume wasn't protected speech, the company told a Connecticut federal court.

  • February 29, 2024

    9th Circ. Revives Ex-Terminix Worker's PAGA Wage Suit

    A Ninth Circuit panel directed a lower court Thursday to consider a former Terminix worker's constitutional standing to bring representative wage claims while his individual claims undergo arbitration, saying arbitration does not revoke his right to bring representative claims.

  • February 29, 2024

    Ex-Philly Union Manager Gets Extortion Trial Delayed

    Former Philadelphia union leader John "Johnny Doc" Dougherty on Thursday successfully petitioned to delay his upcoming extortion trial to give his defense attorneys more time to prepare on the heels of his embezzlement conviction last year.

  • February 29, 2024

    Ex-JetBlue Flight Attendant's Subpoena Battle Heads To NY

    A former flight attendant for JetBlue Airways Corp. and her husband have dropped a legal battle that they launched Feb. 9 in Connecticut to force the airline to turn over subpoenaed documents in an underlying toxic tort case, but the federal court fight is set to continue next door.

  • February 29, 2024

    Black Ex-Davis Polk Atty To Appeal Loss In Retaliation Suit

    A Black former associate at Davis Polk & Wardwell LLP will appeal a jury's finding that the firm and two other defendants didn't retaliate against him after he raised concerns about racial bias and diversity.

  • February 29, 2024

    Architect Of Capitol Ex-Execs Must Merge Discrimination Suits

    A D.C. federal judge on Thursday directed four top executives ousted from the Architect of the Capitol to combine their separate employment discrimination lawsuits against the federal agency.

  • February 29, 2024

    Cleveland Defeats Firefighter's Bias Suit Over Beard Policy

    The City of Cleveland escaped a firefighter's suit alleging he was forced into retirement when he refused to shave his beard because of a skin condition affecting Black men, with an Ohio federal judge finding the city's clean-shaven policy was in line with federal firefighting equipment regulations.

  • February 29, 2024

    Colo. Firm Says Atty Abandoned Work While Seeking New Job

    A Denver debt collection law firm has accused a former senior associate of performing little to no meaningful work during a brief one-year tenure at the outfit while also pursuing a partnership role at another firm.

  • February 29, 2024

    10th Circ. Says NLRB's Remedies 'Inconsistent' With Law

    The National Labor Relations Board surpassed its powers when ordering a concrete company to make pension contributions and profit-sharing payments to workers without factoring in past compensation, the Tenth Circuit ruled, sending the case back to the board for a second look but finding the company violated federal labor law.

  • February 29, 2024

    Munck Wilson Adds IP Lawyer From Wood Smith

    A former Wood Smith Henning & Berman LLP attorney has made the move to Munck Wilson Mandala LLP in Los Angeles, bringing with her a history of working on intellectual property litigation and other commercial matters.

  • February 29, 2024

    Law Firm Recruited Objectors To Tank Vax Deal, Class Says

    Indianapolis-based law firm Kroger Gardis & Regas LLP is trying to unravel a settlement with Ascension Health Alliance because the firm wants to pursue its own class litigation, hospital staff told the Sixth Circuit in a brief filed Wednesday.

  • February 29, 2024

    Tesla Likely To Face 6,000-Member Class Action On Race Bias

    A California state judge said she's prepared to certify a nearly 6,000-member class of Black Tesla workers alleging the manufacturer failed to address rampant racist language and graffiti at a California factory, finding the workers presented enough evidence to proceed as a group.

  • February 29, 2024

    NJ Panel Says Ex-City Prosecutor Not Eligible For Pension

    A former municipal prosecutor was not a city employee but a professional service provider, a New Jersey appellate panel held Thursday, stripping him of seven years of pension participation and credits.

  • February 29, 2024

    K&L Gates Lands Labor Ace In Dallas From Bell Nunnally

    K&L Gates LLP announced Thursday that it has bolstered its labor, employment and workplace safety group with a partner in Dallas who made the leap from Bell Nunnally & Martin LLP.

  • February 29, 2024

    Dish Satellite Retailer Misclassified Technicians, Suit Claims

    A satellite technician has slapped his employer with a proposed collective action in Georgia federal court claiming Prime Rangers Inc., an authorized Dish satellite television retailer, misclassified him and his colleagues as independent contractors and failed to pay them overtime wages.

  • February 29, 2024

    Defense Contractor Says Ex-Exec Took Sensitive Data To Rival

    A defense contractor accused a former executive of taking confidential business information and export-controlled data on the body armor it supplies to the U.S. military and local and state law enforcement to a rival, a foreign-owned business.

  • February 29, 2024

    No Early Wins In South Dakota Derailment Injury Suit

    A South Dakota federal judge won't let either a conductor or Rapid City, Pierre & Eastern RR Inc. notch early wins in a suit against the railroad over a 2019 derailment, saying there are factual questions about whether the railroad knew or should have known about the conditions on the track before the accident.

  • February 29, 2024

    Asking For Salary History Banned In Columbus, Ohio

    Employers in Columbus, Ohio, will no longer be able to ask job applicants about their salary history under a law set to take effect Friday.

  • February 28, 2024

    7th Circ. Revives Health System Worker's FMLA Suit For Trial

    A split Seventh Circuit panel on Wednesday revived a former OSF Healthcare System employee's suit accusing the company of wrongfully firing her after failing to adjust performance expectations while she worked reduced hours, ruling a factual dispute remains over how much leave she took, which could lead a jury to find in her favor.

  • February 28, 2024

    Musk, Ex-Twitter Staff Fail To Reach Deal In Severance Dispute

    Settlement talks between X Corp., formerly known as Twitter, and a group of former employees have fallen apart, the parties told a Delaware federal judge on Wednesday, asking the judge to lift a stay in their dispute over severance compensation.

Expert Analysis

  • How Int'l Strategies Can Mitigate US Child Labor Risks

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    Recent reports of child labor in the U.S. raise significant compliance concerns under state and federal child labor laws, but international business and human rights principles provide tools companies can use to identify, mitigate and remediate the risks, says Tom Plotkin at Covington.

  • Strategic Succession Planning At Law Firms Is Crucial

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    Senior partners' reluctance to retire, the rise of the nonequity partner tier and generational differences in expectations are all contributing to an increasing number of departures from BigLaw, making it imperative for firms to encourage retirement among senior ranks and provide clearer leadership pathways to junior attorneys, says Laura Leopard at Leopard Solutions.

  • Opinion

    Congress Must Protect Consumer Fraud Whistleblowers

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    Congress' proposed bill to establish a Consumer Financial Protection Bureau whistleblower program is crucial for the public's protection against insurance fraud, credit fraud, investment fraud, identity theft, mortgage fraud and other consumer fraud schemes, which all too often go unchecked, says Stephen Kohn at Kohn Kohn.

  • An Employer's Guide To EEOC Draft Harassment Guidance

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    Rudy Gomez and Steven Reardon at FordHarrison discuss the most notable aspects of the U.S. Equal Employment Opportunity Commission’s recently proposed workplace harassment guidance, examine how it fits into the context of recent enforcement trends, and advise on proactive compliance measures in light of the commission’s first update on the issue in 24 years.

  • 2nd Circ. OT Ruling Guides On Pay For Off-The-Clock Work

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    While the Second Circuit’s recent holding in Perry v. City of New York reiterated that the Fair Labor Standards Act obligates employers to pay overtime for off-the-clock work, it recognized circumstances, such as an employee’s failure to report, that allow an employer to disclaim the knowledge element that triggers this obligation, say Robert Whitman and Kyle Winnick at Seyfarth.

  • To Responsibly Rock Out At Work, Draft A Music Policy

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    Employers may be tempted to turn down the tunes after a Ninth Circuit decision that blasting misogynist music could count as workplace harassment, but companies can safely provide a soundtrack to the workday if they first take practical steps to ensure their playlists don’t demean or disrespect workers or patrons, says Ally Coll at the Purple Method.

  • Maximizing Law Firm Profitability In Uncertain Times

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    As threats of an economic downturn loom, firms can boost profits by embracing the power of bottom-line management and creating an ecosystem where strategic financial oversight and robust timekeeping practices meet evolved client relations, says Shireen Hilal at Maior Strategic Consulting.

  • What Employers Face As NLRB Protects More Solo Protests

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    Given the National Labor Relations Board’s recent decision in Miller Plastics to implement a broader standard for when it will protect individual protests, employers must be careful to not open themselves to unfair labor practice claims when disciplining employees with personal gripes, says Mohamed Barry at Fisher Phillips.

  • 5 Surprises In New Pregnancy Law's Proposed Regulations

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    Attorneys at Baker McKenzie examine five significant ways that recently proposed regulations for implementing the Pregnant Workers Fairness Act could catch U.S. employers off guard by changing how pregnant workers and those with related medical conditions must be accommodated.

  • Tips For Student Visa Applicants Mired In Processing Delays

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    Notwithstanding procedural changes at the U.S. Department of State that provided hope for more timely and predictable visa processing outcomes, international student applications continue to risk becoming bogged down in administrative processing, but certain steps may improve the situation, say Carl Risch and Lauren Epstein at Mayer Brown.

  • FLSA Ruling Highlights Time Compensability Under State Law

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    While the Third Circuit's August decision in Tyger v. Precision Drilling endorsed the prevailing standard among federal courts regarding time compensability under the Fair Labor Standards Act, it also serves as a reminder that state laws will often find a broader range of activities to be compensable, say Ryan Warden and Craig Long at White and Williams.

  • Calif. Law Tests Noncompete Prohibitions' Potential Reach

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    California’s newly enacted law, which voids employee restrictive covenants, whether signed in or out of the state, has the potential to upend typical agreement negotiations, and highlights ongoing questions concerning how California's worker protections fare in other jurisdictions, says Sarah Tishler at Beck Reed.

  • Steps For Gov't Contractors On The OFCCP's Audit List

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    Federal contractors on the Office of Federal Contract Compliance Programs' most recent list of firms flagged for potential audit should take certain steps now in light of the agency’s new scheduling letter, which significantly increases the burden and potential risks for contractors, say Andrew Turnbull and Sadé Tidwell at MoFo.

  • USW Ruling Highlights Successor Liability In Bankruptcy Sale

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    A Delaware federal court's recent decision in United Steelworkers v. Braeburn is important for potential asset purchasers in Section 363 bankruptcy sales as it found the purchaser was subject to obligations under the National Labor Relations Act notwithstanding language in the sale approval order transferring the debtor's assets free and clear of successor liability, say attorneys at Arnold & Porter.

  • 5th Circ. Ruling Reminds Attys That CBP Can Search Devices

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    The Fifth Circuit’s recent Malik v. Department of Homeland Security decision adds to the chorus of federal courts holding that border agents don’t need a warrant to search travelers’ electronic devices, so attorneys should consider certain special precautions to secure privileged information when reentering the U.S., says Jennifer Freel at Jackson Walker.

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