Employment

  • August 20, 2021

    GEO Group Not Immune From Wash. $1-A-Day Wage Suit

    GEO Group can't use its status as a federal government contractor to claim governmental immunity from the state of Washington's claims that the company's policy of paying immigrant detainees just $1 per day violates state wage laws, a Washington federal judge ruled.

  • August 20, 2021

    Ga. Judge Defends Facebook Post Over Atlanta Spa Shootings

    A Georgia state court judge has defended his support on Facebook of law enforcement investigating the Atlanta-area spa shootings, claiming ethics charges brought against him by the state's judicial watchdog violate his free speech rights.

  • August 20, 2021

    Gunster Expands With 5 New Associates

    Florida law firm Gunster announced Thursday the addition of five new associates across three of its offices in the state, with additions in practice groups such as business litigation, tax services and labor.

  • August 19, 2021

    Ballot Measure Not Delivering For Gig Workers, Report Says

    A California ballot measure that enshrined gig company workers' roles as independent contractors who are entitled to certain benefits isn't translating to many drivers getting subsidized health care or other aid, according to a report released Thursday by a driver-led lobbying group.

  • August 19, 2021

    Deloitte Inks $4.95M Deal To End Data Breach Class Claims

    A class of residents in Illinois, Colorado and Ohio who accused Deloitte Consulting LLP of leaving their personal information vulnerable during a data breach of state employment agency websites told a New York federal judge Wednesday that they had reached a $4.95 million deal resolving their claims.

  • August 19, 2021

    Strip Club Loses 'Overlooked' Motion 2 Years After EEOC Win

    A Mississippi federal judge issued a somewhat out of the ordinary order on Thursday by denying a motion to dismiss a suit brought by the U.S. Equal Employment Opportunity Commission against a strip club, having "overlooked" the order for two years after orally denying it just before a 2019 jury trial.

  • August 19, 2021

    DOD Agrees To End Clearance Bias Suit, But Throws Final Jab

    The U.S. Department of Defense on Wednesday agreed to close out a suit by a group of foreign-born soldiers challenging delays in security clearance decisions, but not before taking a final swipe at the plaintiffs for a lengthy voluntary dismissal motion accusing the government of "longstanding" discrimination.

  • August 19, 2021

    9th Circ. Says Calif. Truck Driver Must Arbitrate WARN Act Suit

    The Ninth Circuit said Thursday a California truck driver must arbitrate his claims that a Schneider National Carriers Inc. unit that shut down in 2019 failed to give proper notice of the mass layoff, finding the trucking company's arbitration agreement was valid and enforceable under Nevada law.

  • August 19, 2021

    Ex-GitHub Atty Can't Revive Calif. Equal Pay Suit On Appeal

    A former in-house lawyer for GitHub Inc. can't revive her lawsuit claiming the software developer underpaid her in violation of California's Equal Pay Act, a Golden State appeals court ruled Wednesday, saying she didn't perform the same work as two of her higher-paid colleagues.

  • August 19, 2021

    Calif. High Court Clears Johnny Mathis In Worker Fall Suit

    The Supreme Court of California on Thursday cleared singer Johnny Mathis in a suit by a window washer alleging he fell and was paralyzed because of dangerous conditions on Mathis' roof, saying Mathis isn't liable for a hazard the worker was already aware of.

  • August 19, 2021

    Ex-Kraft Heinz Workers Claim 'Virulent Racism' In $30M Suit

    Three former employees at a Kraft Heinz Foods Co. plant in California filed a federal lawsuit Thursday seeking at least $30 million in damages for what they say was years of racist taunts, threats and discrimination at the hands of their co-workers and management.

  • August 19, 2021

    Battery Co. Must Pay Workers' Actual Uniform-Changing Time

    A Pennsylvania battery company must pay workers for the time they spend putting on and taking off protective uniforms and showering, a federal judge ruled, though a jury must still decide if the difference between the estimated time the company paid for and the actual time spent was so little as to be meaningless.

  • August 19, 2021

    9th Circ. Says No Pay For Time Spent In Airport Security Line

    A major airport lounge and restaurant operator doesn't have to pay workers for time they spent undergoing airport security checks en route to their workspace at Los Angeles International Airport, the Ninth Circuit held Wednesday, affirming a lower court's dismissal of a worker's proposed class action.

  • August 19, 2021

    Ex-Fox Rothschild Aide Aims To Expand Sex Assault Suit

    A former Fox Rothschild LLP legal assistant asked a New Jersey federal court Thursday to allow her to add an office administrator as a defendant to her suit alleging an ex-firm attorney sexually assaulted her and that the firm dismissed her complaints.

  • August 19, 2021

    Reed Smith Nabs Baker McKenzie Labor Pro In Houston

    A former Baker McKenzie attorney specializing in employer-side labor disputes has joined Reed Smith LLP as a partner in Houston, the firm announced Wednesday.

  • August 19, 2021

    NJ Firm Accused Of Firing Aide Over Harassment Complaints

    A former paralegal at New Jersey immigration law firm Cella & Associates LLC has hit it with a whistleblower suit in state court alleging she was fired for complaining about sexual harassment and racial discrimination by a firm attorney who purportedly made inappropriate remarks about her appearance and Dominican heritage.

  • August 19, 2021

    Cognizant Tech Must Face Former Exec's Visa Fraud Claims

    Cognizant Technology Solutions Corp. must face a former assistant vice president's False Claims Act lawsuit accusing it of defrauding the federal government's worker visa program, with a New Jersey federal judge's ruling that it was plausible that the business services giant might have underpaid for costs associated with its foreign employees.

  • August 19, 2021

    No Class Cert. For FedEx Drivers In OT And Breaks Suit

    Delivery drivers employed by a FedEx Ground Package System contractor failed to sufficiently show that overtime and meal and rest break issues predominated enough for them to move forward together as a class, a California federal court ruled.

  • August 19, 2021

    Laborers Union Sues Die Cast Co. Over Lapsed Health Plans

    A union representing workers at a western Pennsylvania die-casting plant has filed suit in federal court alleging that a technical error resulted in a slew of members losing out on health insurance coverage until next summer.

  • August 19, 2021

    11th Circ. Won't Rehear Driver's Bid To Avoid Arbitration

    The Eleventh Circuit has denied a Florida delivery driver's request to reconsider its ruling that local drivers of interstate commerce likely have to cross state lines themselves to be exempt under federal law from arbitration with employers.

  • August 19, 2021

    Conn. Legal Services Co. Settles Trade Secrets Suit

    A national legal services company has agreed to drop its suit in Connecticut federal court against an ex-employee and a local competitor over alleged trade secret theft and employment contract breaches.

  • August 18, 2021

    Migrant Child Shelter Org. Sues Feds Over New Wage Rules

    A nonprofit network sued the U.S. Departments of Labor and Health and Human Services Wednesday over new clauses it says are being shoehorned into the agreements governing its shelters for unaccompanied minors.

  • August 18, 2021

    Judge Rips 'Unfair' Jury Instruction Request In Bias Case

    A D.C. federal judge balked at a request to tweak jury instructions just minutes before arguments began Wednesday in a trial concerning a Black Federal Communications Commission attorney adviser's claims that the agency denied her opportunities for promotion because of her race and Haitian descent, calling the last-minute bid "fundamentally unfair" to the defendant.

  • August 18, 2021

    Delta Workers Denied Cert. In Lands' End Uniform Fight

    A Wisconsin federal judge declined Wednesday to certify a class of Delta workers who claimed their Lands' End Inc. uniforms stained other clothing and property, finding the plaintiffs failed to show common issues could be resolved as a class in light of differences, including what uniform pieces workers wore and how they treated their garments.

  • August 18, 2021

    NFL, Player Can't Resolve Disability Suit Over Face Shield

    The NFL's bid to toss a player's disability discrimination lawsuit is back in play after they could not resolve claims he was severely injured during a New York Jets game since a league official would not let him use a protective shield on his helmet to protect his eyes.

Expert Analysis

  • Should ITC Adopt Trade Secret Claims Statute Of Limitations?

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    Despite the lack of an explicit statute of limitations in Section 337, there are reasons to argue that, as in district courts, one should apply to unduly delayed trade secret claims at the U.S. International Trade Commission, say Matt Rizzolo and Jolene Wang at Ropes & Gray.

  • Safeguarding Privileged Communications In A Remote World

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    With the pandemic ushering in remote collaboration tools, counsel must revisit fundamentals of the attorney-client privilege and the work-product doctrine, study cases involving email and other recent technologies, and follow 10 best practices to protect confidentiality, say attorneys at DLA Piper.

  • 4 Areas Of Cyberattack Vulnerability For Law Firms

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    Recent data breaches involving Goodwin and Jones Day show that cyberattacks are very real threats to the legal profession, especially in the era of remote work, so law firms should revisit common business practices that expose them to unnecessary risks, says Ara Aslanian at Inverselogic.

  • Trends In Video Game Company Quests To Arbitrate Cases

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    With the recent surge of video game litigation, developers and distributors of games and gaming equipment have seen a measure of success in relegating certain claims to private arbitration — but while the bar for compelling arbitration may be low, it does exist, say Matthew Woods and Austin Miller at Robins Kaplan.

  • Loss Amount Is Shaping PPP Fraud Prosecution Sentencing

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    One of the most determinative factors at sentencing for Paycheck Protection Program fraud is the loss amount, and recent cases show that defendants may have an opportunity to lower it if they can demonstrate legitimate use of any of the funds, say Sami Azhari at Azhari and Michael Leonard at Leonard Meyer.

  • How To Help Your Witnesses Overcome Hindsight Bias

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    Witnesses facing tricky questions from opposing counsel often find themselves engaging in hindsight bias, when they use present knowledge to second-guess past actions, but these problematic thought processes can be overcome during deposition or trial preparation through tough questions and some catharsis, says Merrie Jo Pitera at Litigation Insights.

  • Opinion

    Biden's H1-B Approach Will Benefit Foreign Workers And US

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    President Joe Biden's reversal of Trump-era restrictions on the H-1B program will have a significant positive impact on U.S. employers, potential foreign national applicants and highly skilled noncitizen professionals who can contribute to the American economic engine, says David Jacobson at Warshaw Burstein.

  • NJ 'Reply All' Ethics Opinion Brings New Pitfalls For Attorneys

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    While a recent New Jersey ethics opinion rightly concluded that an attorney cannot claim an ethics violation when opposing counsel replies all to a group email including clients, it runs counter to stances taken by other states and presents new dangers of confidentiality breaches and unfiltered messages to opposing parties, says Roger Plawker at Pashman Stein.

  • OSHA May Be Closer To Getting COVID-19 Regs On Track

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    The Occupational Safety and Health Administration missed an initial deadline for issuing COVID-19 emergency temporary standards, but the confirmation of Marty Walsh as labor secretary this week and recent agency actions could mean an ETS is coming soon, and mask wearing in the workplace is one area the order might address, says Gabrielle Sigel at Jenner & Block.

  • Opinion

    SEC Shouldn't Target Funds With New ESG Task Force

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    The U.S. Securities and Exchange Commission's new environmental, social and governance enforcement initiative’s focus on investment advisers and funds is misguided and could distract from the pursuit of true misconduct stemming from material omissions in corporate disclosures, upon which fund strategies are based, say Richard Kirby and Beth-ann Roth at R K Invest Law.

  • 10 Ways Employers Can Guard Against Retaliation Claims

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    As pandemic-related employee retaliation claims are expected to rise, employers must take steps to institute clear policies on access to company documents and confidential information, and ensure their disciplinary policies on document theft stand up to scrutiny, say Angelique Newcomb and Liran Messinger at Littler.

  • Series

    Judging A Book: Bibas Reviews Rakoff's 'Why The Innocent Plead Guilty'

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    In "Why the Innocent Plead Guilty and the Guilty Go Free,” U.S. District Judge Jed Rakoff catalogues the many ways our criminal justice system is broken, and in doing so, gives the public an intimate look into the thoughts, reasoning and personal experiences of a renowned federal judge, says Third Circuit Judge Stephanos Bibas.

  • For Law Firm Digital Marketing, Less Is Sometimes More

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    Attorneys and law firms often look to cast the widest net possible and maximize online impressions, when they should be focusing their digital marketing efforts on fewer, better-qualified prospects, says Guy Alvarez at Good2BSocial.

  • Showing An Employer's Ability To Pay In Immigrant Petitions

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    Employers can minimize ability-to-pay challenges to their immigrant petitions by considering their timing and tailoring supporting evidence to address questions the U.S. Department of Labor and U.S. Citizenship and Immigration Services are most likely to ask about their financial circumstances, say Anita Smalley and Douglas Halpert at Hammond Neal.

  • 3 Ways To Plan For A Possible Federal Ban On Noncompetes

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    Following last month's reintroduction of a federal bill seeking to ban or limit the use of employee noncompetes, companies should explore alternative avenues to protect trade secrets, confidential business information, customer goodwill and other legitimate business interests, say Russell Beck and Erika Hahn at Beck Reed.

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