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Employment
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March 28, 2024
UMG Wants Out Of Diddy Producer's Sex Assault Litigation
UMG Recordings has asked a New York federal court to free it from a producer's suit claiming he was sexually assaulted and harassed while working on Sean 'Diddy' Combs' latest album, slamming the suit as riddled with "knowingly false allegations" that publicly smear the music company.
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March 28, 2024
Apple Says Ex-Engineer Leaked To 'Homeboy,' Other Journos
Apple Inc. is accusing a former engineer of leaking sensitive information about its business practices, internal policies and products to employees at other technology companies as well as at least three journalists for national publications — including one saved in his phone as "Homeboy" — in a suit in California state court.
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March 28, 2024
Union Permitted MTA's Drug Test In Rep's Firing Suit, Judge Says
A former New York electrical worker and union rep can't sue the Metropolitan Transportation Authority for firing him after a return-to-work drug test found evidence of marijuana use, as the union never raised the alarm about such drug tests before, a New York federal judge has ruled.
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March 28, 2024
Staffing Co. Takes $100K DOJ Deal To End Hiring Bias Claims
An information technology staffing group agreed to pay $100,000 to resolve claims that its online job advertisements discouraged and excluded asylum-seekers and refugees from applying, the U.S. Department of Justice announced.
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March 28, 2024
Trans Officer's Harassment Was 'Severe,' 11th Circ. Says
The Eleventh Circuit on Thursday revived a lawsuit brought by a transgender correctional officer in Georgia, saying he faced a hostile work environment and that a lower court wrongly determined he didn't experience "severe or pervasive" misgendering harassment by colleagues and supervisors.
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March 28, 2024
NLRB Gets 1st Backing Of Starbucks Order In Circuit Court
A split D.C. Circuit panel on Thursday enforced a National Labor Relations Board order finding Starbucks violated federal labor law by barring a worker from passing out union pins, marking the first time a federal appeals court has weighed in on a board decision against the coffee giant.
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March 28, 2024
Special Master Suggests Denying Bid To Toss Gaming IP Row
A special master in the Northern District of Georgia has recommended denying an attempt to throw out patent infringement and trade secret claims that New York-based sports tech company Vetnos LLC has lodged against Atlanta-based rival PrizePicks.
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March 28, 2024
Hard Rock Cafe Workers Score Conditional Cert. In Tip Suit
A Georgia federal judge has granted conditional class certification to a group of Hard Rock Cafe servers alleging the company forfeited its right to pay servers subminimum tipped wages by compelling them to perform excessive untipped work and not telling them a tip credit would be taken against their wages.
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March 28, 2024
Former Prison Contractor Must Pay $112K, 6th Circ. Says
The Sixth Circuit on Thursday affirmed a National Labor Relations Board decision ordering a former Federal Bureau of Prisons contractor and a Michigan halfway house to pay around $112,000 to two fired workers, supporting the agency's conclusion that the entities are liable for back pay.
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March 28, 2024
4 Takeaways As Hollywood Asks For AI Deepfakes Laws
Deepfakes have ceased to live solely in the world of science fiction, and their proliferation has already presented disturbing examples of a distorted reality — from phony robocalls by politicians to bogus celebrity nudes.
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March 28, 2024
Tesla Judge Cites Rodney King Litigation In OK'ing EEOC Suit
A California federal judge indicated Thursday she'll likely deny Tesla's bids to toss or stay the U.S. Equal Employment Opportunity Commission's allegations that the electric carmaker fostered rampant racism at its Fremont factory, saying ongoing state litigation doesn't preclude the EEOC's claims and comparing the fight to Rodney King litigation.
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March 28, 2024
NCAA Argues Certification Of Alston Payout Class Too Complex
The NCAA and the Power 5 conferences have told a California federal judge that the "highly varied and diverse ways" schools compensated athletes after the 2021 Alston Supreme Court decision make it implausible to certify the class suing for past compensation — saying plaintiffs have chosen to "simply ignore all of this complexity.''
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March 28, 2024
FSU Reaches Deal To End Family Leave Retaliation Suit
Florida State University and a former program coordinator have agreed to settle her lawsuit alleging FSU fired her for asking to take time off to care for her father during his cancer treatment, they told a federal court.
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March 28, 2024
LAPD Officer Scores $11.6M Jury Verdict In Retaliation Suit
A California state jury said the Los Angeles Police Department should pay a former officer nearly $11.6 million over allegations that it subjected him to unwarranted investigations because he's Samoan and transferred him out of a prestigious K-9 bomb detection unit when he complained.
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March 28, 2024
NC Atty Says Career Coaching Business Stiffed Him On Pay
A North Carolina lawyer said this week that he hasn't been paid for his work at a career coaching business in which he owns a minority stake after he discovered the company was bleeding funds and rife with mismanagement, according to an amended state business court complaint.
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March 28, 2024
Warner Bros. Hit With Suit Over 'Draconian' COVID Vax Policy
A former producer with Warner Bros. told a Houston federal court that he was forced to resign due to the company's "draconian policy" mandating COVID-19 vaccines for employees.
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March 28, 2024
Morgan Lewis Accused Of Age, Race Bias By Patent Specialist
Morgan Lewis & Bockius LLP gave preferential treatment to younger white co-workers of a Black patent prosecution specialist, including more overtime and better pay, according to a complaint filed Thursday in Washington, D.C., federal court.
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March 28, 2024
DOL Says Challenge To Prevailing Wage Rule Can't Stand
The U.S. Department of Labor said four entities failed to support their assertion that the department's final rule regulating prevailing wages will hurt them, urging a Texas federal court to toss those claims.
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March 28, 2024
Fired Alston & Bird Aide Fights Arbitration Of Vax Claims
An Alston & Bird LLP staffer fired after refusing to get vaccinated for COVID-19 told a Georgia federal court that it should refuse to force her discrimination suit into arbitration, since her employment contract was not a matter of interstate commerce.
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March 28, 2024
Mass. Justices Say 2019 Sunday-Wage Ruling Is Retroactive
Massachusetts' highest court on Thursday affirmed a finding that a furniture retailer violated the state's wage laws by paying salespeople overtime and a Sunday premium out of their own earned commissions, keeping intact a nearly $10 million damages award.
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March 28, 2024
Ex-Paralegal's Jobless Pay Ruling Correct, Del. Justices Told
Delaware opposes a former Morris James LLP paralegal's bid for the state's Supreme Court to revive his attempt to collect a year's worth of unemployment benefits, arguing a lower court correctly upheld denial of pay after he settled whistleblower claims against the firm.
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March 27, 2024
Judge Agrees To Training For 'Overly Harsh' Workplace
The Judicial Council for the Second Circuit has declined to review the dismissal of a law clerk's complaint against a federal judge, who acknowledged the clerk's claims of their "overly harsh" management style and agreed to participate in workplace conduct counseling and training.
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March 27, 2024
Sega Workers Ratify 1st Contract In 'Landmark Moment'
Unionized Sega of America workers backed the ratification of their first contract with the video game giant, according to an announcement from the union Wednesday, saying the parties agreed to raises, benefits and other protections for workers.
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March 27, 2024
DC Circuit Upholds NLRB Firing Decision Despite Legal Shift
The D.C. Circuit upheld an NLRB ruling that a Cadillac dealer illegally fired a worker even though the board changed the applicable precedent during the appeal, saying Wednesday that the long-running case appears to shake out the same under either version of the shifting standard for worker outbursts.
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March 27, 2024
Hospital Co. Can't Quash ERISA Suit Subpoenas, Judge Says
A Buffalo, New York-area hospital network lost its bid to quash two subpoenas in a proposed Employee Retirement Income Security Act class action Wednesday, with a New York federal judge ruling that the network challenged the subpoenas to two of its advisers in the wrong court.
Expert Analysis
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Artificial Intelligence Is In Need Of Regulation — But How?
Since most of the artificial intelligence-related laws in 2023 were part of more extensive consumer privacy law, the U.S. still has a lot of work to do to build consensus on how to oversee AI, and even who should do the regulating, before moving forward on specific and reasonable guidelines as AI's capabilities grow, say Nick Toufexis and Paul Saputo at Saputo Toufexis.
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Inside Higher Education's New FCA Liability Challenges
As the educational sector expands its use of government funding, schools are at increased risk under the False Claims Act, but recent settlements offer valuable lessons about new theories of liability they may face and specific procedures to reduce their exposure, say James Zelenay and Jeremy Ochsenbein at Gibson Dunn.
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Attorneys' Busiest Times Can Be Business Opportunities
Attorneys who resolve to grow their revenue and client base in 2024 should be careful not to abandon their goals when they get too busy with client work, because these periods of zero bandwidth can actually be a catalyst for future growth, says Amy Drysdale at Alchemy Consulting.
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In The World Of Legal Ethics, 10 Trends To Note From 2023
Lucian Pera at Adams and Reese and Trisha Rich at Holland & Knight identify the top legal ethics trends from 2023 — including issues related to hot documents, artificial intelligence and cybersecurity — that lawyers should be aware of to put their best foot forward.
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Del. Dispatch: The 2023 Corporate Cases You Need To Know
Corporate and mergers and acquisitions litigation has continued at a fevered pace this year, with the Delaware courts addressing numerous novel issues with important practical implications, including officer exculpation and buyer aiding-and-abetting liability, say attorneys at Fried Frank.
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Lessons Learned From 2023's Top ADA Decisions
This year saw the courts delving into the complexities of employee accommodations under the Americans with Disabilities Act in the post-pandemic workplace, going beyond bright-line rules with fact-intensive inquiries that are likely to create uncertainty for employers, says Linda Dwoskin at Dechert.
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The Key Laws Retailers Should Pay Attention To In 2024
2024 promises to be another transformative year for retailers as they navigate the evolving regulatory landscape, particularly surrounding data privacy and sustainability laws, meaning companies should make it a practice to keep track of new legislation and invest in compliance efforts early on, say attorneys at Benesch.
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Cos. Should Be On Guard After Boom In Unfair Labor Claims
The National Labor Relations Board's recent expansion of protected activity and imposition of case-by-case policies led to a historic boom in unfair labor practice charges in 2023, so companies should prepare for labor complaints to increase in 2024 by conducting risk assessments and implementing compliance plans, say Daniel Schudroff and Lorien Schoenstedt at Jackson Lewis.
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3 Developments That Will Affect Hospitality Companies In 2024
As the hospitality industry continues its post-pandemic recovery, it faces both challenges and opportunities to thrive in 2024, including navigating new labor rules, developing branded residential living spaces and cautiously embracing artificial intelligence, says Lauren Stewart at Sheppard Mullin.
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What's Ahead For Immigrant Employee Rights Enforcement
The U.S. Department of Justice’s increased enforcement related to immigration-based employment discrimination is coupled with pending constitutional challenges to administrative tribunals, suggesting employers should leverage those headwinds when facing investigations or class action-style litigation, say attorneys at Jones Day.
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How Attorneys Can Be More Efficient This Holiday Season
Attorneys should consider a few key tips to speed up their work during the holidays so they can join the festivities — from streamlining the document review process to creating similar folder structures, says Bennett Rawicki at Hilgers Graben.
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Top 10 Whistleblowing And Retaliation Events Of 2023
The U.S. Securities and Exchange Commission and federal and state courts made 2023 another groundbreaking year for whistleblower litigation and retaliation developments, including the SEC’s massive whistleblower awards, which are likely to continue into 2024 and further incentivize individuals to submit tips, say attorneys at Proskauer.
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How Int'l Student-Athlete Law Would Change The NIL Game
Recently proposed legislation to allow international student-athletes the opportunity to profit from their name, image and likeness without violating their F-1 nonimmigrant student visa status represents a pivotal step in NIL policy, and universities must assess and adapt their approaches to accommodate unique immigration concerns, say attorneys at Phelps Dunbar.
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10 Steps To Reduce Risks From AI Employment Tools
In light of the White House’s recent executive order on responsible use of artificial intelligence, companies using AI tools to make employment decisions should take steps to understand and mitigate the legal risks posed by these products and keep up with the rapidly evolving regulations that govern them, say attorneys at Cooley.
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Series
Children's Book Writing Makes Me A Better Lawyer
Becoming a children's book author has opened doors to incredible new experiences of which I barely dared to dream, but the process has also changed my life by serving as a reminder that strong writing, networking and public speaking skills are hugely beneficial to a legal career, says Shaunna Bailey at Sheppard Mullin.