Employment

  • October 09, 2024

    Stellantis Keeps Hitting UAW With Suits Over Strike Threat

    Stellantis sued the United Auto Workers affiliate representing its Denver parts facility workers over their recent strike authorization vote, saying in its 11th lawsuit filed against the union in the past week that the UAW manufactured "sham grievances" to justify a mid-contract strike over a "promise" the company didn't make.

  • October 09, 2024

    NJ Law Firm Gets Partial Win In Dispute With Ex-Employees

    The arbitration pacts that two former employees at a New Jersey law firm filed cover their discrimination claims, a New Jersey state court judge ruled, handing the Bergen County-based personal injury firm a partial win in the workers' wage and bias suit.

  • October 09, 2024

    DOL Fines Farm Labor Contractor, Bars It From H-2A Program

    A farm labor contractor based in Washington state will pay more than $252,000 and be barred from participating in the H-2A temporary worker program for three years after underpaying workers and putting their safety at risk, the U.S. Department of Labor announced.

  • October 09, 2024

    Novant Ex-Exec's Counsel Wins $154K In Fees For Race Case

    Counsel for a former Novant Health Inc. executive who won $4.3 million after accusing the company of firing him during a diversity push because he was white got $154,000 in attorney fees for successfully defending the award on appeal, slightly less than what was requested.

  • October 09, 2024

    NFL Settles Racism, Retaliation Suit From Reporter Jim Trotter

    Award-winning sports journalist Jim Trotter and the National Football League on Wednesday agreed to settle his federal lawsuit accusing the league and its media arm of retaliating against him for persistently raising concerns about discriminatory hiring.

  • October 08, 2024

    Vince McMahon Accuser Wants Freedom To Air 'Toxic' Culture

    A woman accusing former World Wrestling Entertainment Inc. executive chair Vince McMahon in Connecticut federal court of pressuring her into performing sex acts in exchange for an entry-level job has asked both McMahon and the company to voluntarily waive nondisclosure agreements, saying she and other accusers could help reform WWE's "toxic and sexualized culture."

  • October 08, 2024

    Military Health Plans Deny They Were Overpaid On DOD Deal

    Five military healthcare plan providers have asked the Maine federal court to dismiss the U.S. Department of Justice's claims that they were overpaid for healthcare services, arguing they were paid exactly what they were owed under their fixed-price contracts.

  • October 08, 2024

    Solo Cup Maker Must Face Suit Over Worker's Shooting Death

    Solo Cup Operating Corp. can't escape a wrongful death lawsuit accusing it of negligently hiring a worker who killed a fellow employee in a dispute over $400, a Georgia appeals court ruled, saying the incident is clearly not covered by the state's workers compensation law.

  • October 08, 2024

    Yellow Tells 10th Circ. To Revive Claims Against Teamsters

    Yellow Corp. called on the Tenth Circuit to reverse a lower court's dismissal of the company's $137 million lawsuit against the Teamsters that claimed the union led the nearly 100-year-old company to shutter, saying the business wasn't required to exhaust the grievance process under a contract.

  • October 08, 2024

    MLB Faces New Bias Suit After Settlement Talks Fail

    A former minor league umpire who claims he was sexually harassed by a female umpire filed an expanded suit Tuesday against Major League Baseball after settlement talks failed.

  • October 08, 2024

    1st Circ. Warned Not To 'Speculate' In Union Debt Ceiling Suit

    A lawyer for a governmental workers' union challenging the constitutionality of the federal debt limit told a First Circuit panel on Tuesday that a January default is a virtual certainty under existing law, and urged the judges to avoid trying to predict whether President Joe Biden and a lame-duck Congress might extend the ceiling.

  • October 08, 2024

    5th Circ. Skeptical Of Suit Over NLRB Captive Audience Memo

    The Fifth Circuit gave a cool reception Tuesday to staffing companies challenging a 2022 memo the National Labor Relations Board's general counsel issued arguing so-called captive audience meetings violate federal labor law, with judges questioning whether the document is the type of board action subject to court review.

  • October 08, 2024

    Airlines Say Chicago Sick Leave Law Would Impact Business

    An organization representing the largest U.S. airlines urged an Illinois federal court to keep afloat its challenge to Chicago's new paid sick leave law, saying its claims that the statute would impact flight prices and routes are fact-intensive and should proceed to discovery.

  • October 08, 2024

    Divorced-Dads Firm Beats Fired Paralegal's Retaliation Suit

    A Kansas federal jury on Monday sided with a law firm that bills itself as an advocate for divorced fathers, shutting down a suit from a paralegal who claimed she was fired for speaking up about sexual harassment by one of the firm's attorneys.

  • October 08, 2024

    DOL Tells 5th Circ. Decision On Tip Rule Is Too Broad

    The U.S. Department of Labor urged a Fifth Circuit panel to update its decision striking down the department's 2021 rule on tipped wages, saying the opinion is too broad and it should focus on a provision that two restaurant groups challenged.

  • October 08, 2024

    1st Circ. Eyes Revival Of Welch's Execs' Pension Fight

    The First Circuit appeared receptive Tuesday to former Welch's executives who are seeking to revive a suit claiming they were shortchanged by a supplemental retirement plan, with two judges pointing out conflict-of-interest disputes on appeal that the lower court left unaddressed.

  • October 08, 2024

    Colo. Freed From Union Protest Of Southwest Sick Leave Deal

    Colorado isn't on the hook for claims by a union representing Southwest Airlines flight attendants related to a settlement between the state and airline about a sick leave law, a state court judge ruled, finding the union lacks standing to raise its allegations.

  • October 08, 2024

    College Admins Beat Ex-Prof's Suit Over Race-Based Study

    Cleveland State University faculty defeated a former professor's suit alleging he was unlawfully fired for publishing research asserting intelligence differences between white and Black people, with an Ohio federal judge finding he was let go for abusing access to restricted data, not his research subject.

  • October 08, 2024

    Harvard Says Ex-Coach's Pay, Retaliation Suit Falls Flat

    Harvard University has urged a Massachusetts federal judge to dismiss a former ice hockey coach's suit alleging she was paid less than her male counterparts and was forced into retirement, arguing the claims were mostly made after the statute of limitations had expired and failed to make a connection to an action taken by the school.

  • October 07, 2024

    Fired MSU Coach Mel Tucker Hit With Defamation Suit

    A sexual assault survivor's advocate on Monday hit former Michigan State University football coach Mel Tucker with a defamation suit in Lansing court, claiming he has falsely accused her of fabricating a sexual harassment complaint that gave the school an excuse to fire him last year.

  • October 07, 2024

    NC's Durham Inks DOJ Deal Over Racially Biased Hiring

    The city of Durham, North Carolina, agreed Monday to pay $980,000 and adjust its hiring practices to resolve U.S. Department of Justice civil rights allegations that a written test used by the city's Fire Department in evaluating potential hires unintentionally discriminates against Black candidates.

  • October 07, 2024

    Pepsi Employee Sues Over Health Plan's 'Tobacco Surcharge'

    A Pepsi employee has hauled the snack and beverage multinational into New York federal court, alleging in a proposed class action that the company unlawfully imposes a "tobacco surcharge" on employees who use tobacco products while failing to adequately notify employees that they can instead join a company wellness program.

  • October 07, 2024

    UFC Fighters Urge Judge To Greenlight $375M Settlement

    A group of UFC fighters on Monday sought preliminary approval of a $375 million agreement that would net many fighters over $1 million each and settle their Nevada federal court dispute with UFC over what they say is a history of suppressed wages.

  • October 07, 2024

    High Court Doubts States Can Police Federal Rights Claims

    The U.S. Supreme Court seemed poised Monday to strike down an Alabama law requiring litigants to exhaust state administrative remedies before they file claims in state court accusing local officials of violating federal rights, with several justices suggesting the court already answered that question almost 40 years ago.

  • October 07, 2024

    7th Circ. Revives Wage Claim In Sales Rep's Bonus Suit

    A sales associate adequately showed that he and the technology and consulting company employing him had an agreement under which he would receive a bonus after meeting a sales target, the Seventh Circuit ruled, sending his wage claim back to Illinois federal court.

Expert Analysis

  • Opinion

    States Should Loosen Law Firm Ownership Restrictions

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    Despite growing buzz, normalized nonlawyer ownership of law firms is a distant prospect, so the legal community should focus first on liberalizing state restrictions on attorney and firm purchases of practices, which would bolster succession planning and improve access to justice, says Michael Di Gennaro at The Law Practice Exchange.

  • Why Justices Should Rule On FAA's Commerce Exception

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    The U.S. Supreme Court should review the Ninth Circuit's Ortiz v. Randstad decision, to clarify whether involvement in interstate commerce exempts workers from the Federal Arbitration Act, a crucial question given employers' and employees' strong competing interests in arbitration and litigation, says Collin Williams at New Era.

  • How Attorneys Can Reduce Bad Behavior At Deposition

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    To minimize unprofessional behavior by opposing counsel and witnesses, and take charge of the room at deposition, attorneys should lay out some key ground rules at the outset — and be sure to model good behavior themselves, says John Farrell at Fish & Richardson.

  • FLSA Conditional Certification Is Alive And Well In 4th Circ.

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    A North Carolina federal court's recent decision in Johnson v. PHP emphasized continued preference by courts in the Fourth Circuit for a two-step conditional certification process for Fair Labor Standards Act collective actions, rejecting views from other circuits and affording plaintiffs a less burdensome path, say Joshua Adams and Damón Gray at Jackson Lewis.

  • Series

    Solving Puzzles Makes Me A Better Lawyer

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    Tackling daily puzzles — like Wordle, KenKen and Connections — has bolstered my intellectual property litigation practice by helping me to exercise different mental skills, acknowledge minor but important details, and build and reinforce good habits, says Roy Wepner at Kaplan Breyer.

  • Colo. Ruling Adopts 'Actual Discharge' Test For The First Time

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    After a Colorado court’s recent decision in Potts v. Gaia Children, adopting for the first time a test for evaluating an actual discharge claim, employers must diligently document the circumstances surrounding termination of employment, and exercise particular caution when texting employees, says Michael Laszlo at Clark Hill.

  • Texas Ethics Opinion Flags Hazards Of Unauthorized Practice

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    The Texas Professional Ethics Committee's recently issued proposed opinion finding that in-house counsel providing legal services to the company's clients constitutes the unauthorized practice of law is a valuable clarification given that a UPL violation — a misdemeanor in most states — carries high stakes, say Hilary Gerzhoy and Julienne Pasichow at HWG.

  • Series

    After Chevron: Good News For Gov't Contractors In Litigation

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    The net result of the U.S. Supreme Court's decision overturning Chevron deference is that individuals, contractors and companies bringing procurement-related cases against the government will have new pathways toward success, say Joseph Berger and Andrés Vera at Thompson Hine.

  • In Memoriam: The Modern Administrative State

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    On June 28, the modern administrative state, where courts deferred to agency interpretations of ambiguous statutes, died when the U.S. Supreme Court overruled its previous decision in Chevron v. Natural Resources Defense Council — but it is survived by many cases decided under the Chevron framework, say Joseph Schaeffer and Jessica Deyoe at Babst Calland.

  • Opinion

    It's Time For Nationwide Race-Based Hair Protections

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    While 24 states have passed laws that prohibit race-based hair discrimination, this type of bias persists in workplaces and schools, so a robust federal law is necessary to ensure widespread protection, says Samone Ijoma and Erica Roberts at Sanford Heisler.

  • Series

    After Chevron: EEOC Status Quo Will Likely Continue

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    As the legal landscape adjusts to the end of Chevron deference, the U.S. Equal Employment Opportunity Commission’s rulemaking authority isn’t likely to shift as much as some other employment-related agencies, says Paige Lyle at FordHarrison.

  • How High Court Approached Time Limit On Reg Challenges

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    The U.S. Supreme Court's decision in Corner Post v. Federal Reserve Board effectively gives new entities their own personal statute of limitations to challenge rules and regulations, and Justice Brett Kavanaugh's concurrence may portend the court's view that those entities do not need to be directly regulated, say attorneys at Snell & Wilmer.

  • Series

    After Chevron: FTC's 'Unfair Competition' Actions In Jeopardy

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    While the U.S. Supreme Court's decision ending Chevron deference will have limited effect on the Federal Trade Commission's merger guidelines, administrative enforcement actions and commission decisions on appeal, it could restrict the agency's expansive take on its rulemaking authority and threaten the noncompete ban, say attorneys at Baker Botts.

  • How To Clean Up Your Generative AI-Produced Legal Drafts

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    As law firms increasingly rely on generative artificial intelligence tools to produce legal text, attorneys should be on guard for the overuse of cohesive devices in initial drafts, and consider a few editing pointers to clean up AI’s repetitive and choppy outputs, says Ivy Grey at WordRake.

  • Series

    After Chevron: Various Paths For Labor And Employment Law

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    Labor and employment law leans heavily on federal agency guidance, so the U.S. Supreme Court’s decision to toss out Chevron deference will ripple through this area, with future workplace policies possibly taking shape through strategic litigation, informal guidance, state-level regulation and more, says Alexander MacDonald at Littler.

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