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Employment
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May 31, 2024
Former Allstate Lawyer Settles Disability Bias Suit
A former in-house lawyer at insurance giant Allstate has agreed to settle his dispute with the company alleging he was wrongfully fired because his doctor said he could no longer work on trials because of heart issues.
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May 31, 2024
Complaints About BC Tennis Coach Led To Firing, Suit Says
A former assistant women's tennis coach at Boston College says the head coach of the program "set out on a campaign to undermine and alienate" her out of professional jealousy and gender bias, alleging she was fired in retaliation after complaining to administrators.
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May 31, 2024
Split NH High Court Says Cops Must Pay Back Sick Leave
An updated version of a City of Manchester ordinance requires four police officers to pay the city back for the sick leave benefits they received while their compensation claims for on-the-job injuries were pending, a split New Hampshire Supreme Court ruled.
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May 31, 2024
Steptoe Adds To Employment Department In Pittsburgh Office
A commercial litigator's plan to refocus her practice on employment law prompted a recent move to Steptoe & Johnson PLLC's Pittsburgh office after more than eight years with Sherrard German & Kelly P.C.
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May 31, 2024
DC Circ. Judge Ponders NLRB Jurisdiction Over 'Criminal' Biz
The D.C. Circuit determined that the National Labor Relations Board lacked enough evidence to find a cannabis company illegally fired a pro-union employee, with one judge questioning the board's jurisdiction over a "criminal enterprise."
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May 31, 2024
Ex-Penn State Football Team Doc Wins $5.25M Retaliation Suit
A Pennsylvania jury awarded $5.25 million to a former doctor for the Pennsylvania State University football team who claimed he was fired for reporting that head coach James Franklin pressured him to push student-athletes back onto the field before they were ready, according to a verdict sheet made public Friday.
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May 31, 2024
Texas Judge Opts Not To Recuse And Tosses Chamber Suit
A Texas federal judge has thrown out the U.S. Chamber of Commerce's suit seeking to block the Federal Trade Commission from implementing a ban on noncompete clauses because a different plaintiff was first to file, adding he declined to recuse himself because no companies in his stock portfolio were parties in the case.
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May 31, 2024
DOL Asks To Wait To Disclose Workers In Fishery Wage Case
The U.S. Department of Labor urged a Mississippi federal court to halt the disclosure of the identities of some migrant workers who helped in the department's investigation of a fish farm, saying that it plans to ask the court to reconsider ordering the disclosure.
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May 31, 2024
NJ Judge Says Mortgage Lender's Counterclaim Falls Flat
A New Jersey federal judge tossed an unfair competition counterclaim brought by Nationwide Mortgage Bankers Inc. in a trade secrets suit by its rival Paramount Residential Mortgage Group, ruling that Nationwide Mortgage's counterclaim allegations do not actually count as unfair competition under Garden State law.
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May 30, 2024
9th Circ. Reopens Mandatory Security Check Wage Fight
The Ninth Circuit on Thursday largely revived a proposed wage class action by a subcontractor who sought to be paid for undergoing mandatory security checks and vehicle inspections at a solar project site, following the California Supreme Court's ruling that found the time to be compensable as "hours worked."
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May 30, 2024
Army Vet Again Files Retaliation Suit Against Casino Owners
A disabled U.S. Army veteran and former table games dealer has again filed suit against Harrah's Casino and its parent company, Caesar's Entertainment, claiming his employment was wrongfully terminated after he requested time off to deal with the aftermath of a fire alarm that triggered his post-traumatic stress disorder.
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May 30, 2024
UPenn Retools Fight Against Defamation Suit Over Email
An email addressing how an anthropology professor handled the remains of the 1985 MOVE house bombing victims cannot be considered defamatory because it was rooted in personal perspectives and not facts, the University of Pennsylvania told a federal court Wednesday.
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May 30, 2024
Ex-Chicago Mayor Dodges Atty's Lawsuit Over Zoom Tirade
An Illinois judge tossed a lawsuit brought by a former in-house attorney for the Chicago Park District accusing former Mayor Lori Lightfoot of unleashing a profane tirade laced with crude, insulting and defamatory comments during a Zoom call.
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May 30, 2024
ACLU Says Aon Hiring Tools Discriminate On Race, Disability
The American Civil Liberties Union Foundation said Thursday it has filed a complaint against Aon Consulting Inc. with the Federal Trade Commission alleging it is using deceptive marketing tactics to push hiring technology that the company claims is bias free in contradiction of research showing otherwise.
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May 30, 2024
Mich. Supreme Court To Hear Town Benefits Breach Case
The Michigan Supreme Court has said it will consider whether a village was entitled to coverage for damages it incurred in lawsuits from former employees who sued after the village decided to stop providing lifetime healthcare benefits, ordering oral arguments on an insurer's challenge to a state court's ruling.
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May 30, 2024
Divided FTC Won't Delay Kroger-Albertsons In-House Case
The Federal Trade Commission's three Democrats refused Wednesday to delay the agency in-house challenge to Kroger's $24.6 billion purchase of Albertsons, blaming the grocery giants for their scheduling challenges and drawing a sharp dissent from the FTC's two Republicans.
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May 30, 2024
DOL Says Hyundai Hired 13-Year-Old To Work Assembly Line
Car companies SMART and Hyundai and a staffing agency employed a 13-year-old to work up to 60-hour weeks in an assembly line, the U.S. Department of Labor told an Alabama federal court Thursday, saying the labor "shocks the conscience."
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May 30, 2024
NCAA Loses Bid To Sink Reggie Bush Defamation Suit
The NCAA has failed in its bid to get an early toss of the defamation suit filed by 2005 Heisman Trophy winner Reggie Bush, with an Indiana court ruling a dismissal is premature at this point because the former running back has met the pleading standards.
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May 30, 2024
'South Park'-Quoting Judge Says CEO Can't 'Blame Canada'
In a ruling drawing on the show about four foul-mouthed boys from Colorado, a Pennsylvania federal judge said a CEO who sued his former company could not blame Canada for an unfavorable arbitration ruling in a case where he claimed he was wrongly fired from his post.
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May 30, 2024
Politics Not Behind Radio Host's Firing, Broadcaster Argues
The broadcaster accused of wrongfully terminating radio host Grant Napear after he tweeted "All lives matter" told a California federal court in its bid for summary judgment that Napear's firing had nothing to do with politics, and everything to do with the disrespectful tone and timing of the post.
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May 30, 2024
NCAA V. Athletes Suits Paused As Parties Talk Final Deal
The consolidated cases in the class action against the NCAA over athletes' name, image and likeness compensation were stayed by a California federal judge Thursday, the next step toward finalizing the multibillion-dollar settlement the two sides reached last week.
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May 30, 2024
New 3-On-3 Women's Hoops League Eyes Historic Salaries
A new three-on-three basketball league co-founded by current WNBA players Breanna Stewart and Napheesa Collier on Thursday unveiled its "groundbreaking" women's sports compensation and ownership model that will give players equity and vested interest in the league's success while also providing the "highest average salary" in women's professional sports history, according to its announcement.
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May 30, 2024
NYU Law Review Beats Bias Claims Over Diversity Efforts
A New York federal court on Thursday dismissed a lawsuit from a self-described straight white male, first-year law student at New York University claiming the NYU Law Review is discriminatory.
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May 30, 2024
NCAA To End Transfer Rules In Deal With DOJ
The NCAA agreed on Thursday to stop enforcing all rules governing athletes transferring from one institution to another, as part of a proposed consent decree filed by the U.S. Department of Justice to settle an antitrust suit against the organization by 10 states and the District of Columbia.
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May 30, 2024
6th Circ. Nixes Bias Suit From Bus Driver Fired After Fight
The Sixth Circuit refused Thursday to revive a race and disability bias suit from a Black bus driver who fought a passenger and left him on train tracks, ruling that he failed to show prejudice cost him his job rather than the violent incident.
Expert Analysis
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The Art Of Asking: Leveraging Your Contacts For Referrals
Though attorneys may hesitate to ask for referral recommendations to generate new business, research shows that people want to help others they know, like and trust, so consider who in your network you should approach and how to make the ask, says Rebecca Hnatowski at Edwards Advisory.
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Compliance Strategies To Mitigate 3 New Areas Of AI Risk
The era of artificial intelligence-assisted corporate crime is here, but several concrete mitigation strategies can allow companies to address the new, rapidly evolving threats posed by deepfakes, information barrier evasion and AI model manipulation, say attorneys at Debevoise.
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Refresher On Employee Qualifications For Summer Interns
Before companies welcome interns to their ranks this summer, they should consider the extent to which the interns may be entitled to the same legal protections as employees, including the right to be paid for their hours worked and to receive at least minimum wage and overtime, says Kate LaQuay at Munck Wilson.
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Opinion
The FTC's Noncompete Rule Is Likely Dead On Arrival
The Federal Trade Commission's April 23 noncompete ban ignores the consequences to the employees it claims to help — but the rule is unlikely to go into effect provided the ideological makeup of the U.S. Supreme Court remains the same, say Erik Weibust and Stuart Gerson at Epstein Becker.
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McKesson May Change How AKS-Based FCA Claims Are Pled
The Second Circuit’s analysis in U.S. v. McKesson, an Anti-Kickback Statute-based False Claims Act case, provides guidance for both relators and defendants parsing scienter-related allegations, say Li Yu at Dicello Levitt, Ellen London at London & Stout, and Erica Hitchings at Whistleblower Law.
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5 Employer Actions Now Risky After Justices' Title VII Ruling
Last week in Muldrow v. St. Louis, the U.S. Supreme Court ruled that harm didn't have to be significant to be considered discriminatory under Title VII of the Civil Rights Act, making five common employer actions vulnerable to litigation, say Kellee Kruse and Briana Scholar at The Employment Law Group.
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Series
Being An Equestrian Makes Me A Better Lawyer
Beyond getting experience thinking on my feet and tackling stressful situations, the skills I've gained from horseback riding have considerable overlap with the skills used to practice law, particularly in terms of team building, continuing education, and making an effort to reset and recharge, says Kerry Irwin at Moore & Van Allen.
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Teach Your Party Representative The Art Of Nonverbal Cues
As illustrated by recent reports about President Donald Trump’s nonverbal communication in court, jurors notice what’s happening at counsel table, which may color their perceptions of the case as a whole, so trial attorneys should teach party representatives to self-monitor their nonverbal behaviors, says Clint Townson at Townson Consulting.
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FTC Noncompete Ban Signals Rising Labor Focus In Antitrust
The Federal Trade Commission’s approval this week of a prohibition on noncompete agreements continues antitrust enforcers’ increasing focus on labor, meaning companies must keep employee issues top of mind both in the ordinary course of business and when pursuing transactions, say attorneys at Skadden.
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Breaking Down EEOC's Final Rule To Implement The PWFA
Attorneys at Littler highlight some of the key provisions of the U.S. Equal Employment Opportunity Commission's final rule and interpretive guidance implementing the Pregnant Workers Fairness Act, which is expected to be effective June 18, and departures from the proposed rule issued in August 2023.
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4 Ways To Refresh Your Law Firm's Marketing Strategy
With many BigLaw firms relying on an increasingly obsolete marketing approach that prioritizes stiff professionalism over authentic connection, adopting a few key communications strategies to better connect with today's clients and prospects can make all the difference, say Eric Pacifici and Kevin Henderson at SMB Law.
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How To Prepare As Employee Data Reporting Deadlines Near
As filing deadlines approach, government contractors and private companies alike should familiarize themselves with recent changes to federal and California employee data reporting requirements and think strategically about registration of affirmative action plans to minimize the risk of being audited, say Christopher Durham and Zev Grumet-Morris at Duane Morris.
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Address Complainants Before They Become Whistleblowers
A New York federal court's dismissal of a whistleblower retaliation claim against HSBC Securities last month indicates that ignored complaints to management combined with financial incentives from regulators create the perfect conditions for a concerned and disgruntled employee to make the jump to federal whistleblower, say attorneys at Cooley.
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The Practical Effects Of Justices' Arbitration Exemption Ruling
The U.S. Supreme Court's recent decision in Bissonnette v. LePage Bakeries, that a transportation worker need not work in the transportation industry to be exempt from the Federal Arbitration Act, may negatively affect employers' efforts to mitigate class action risk via arbitration agreement enforcement, say Charles Schoenwetter and Eric Olson at Bowman and Brooke.
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Highlights From The 2024 ABA Antitrust Spring Meeting
U.S. merger enforcement and cartels figured heavily in this year's American Bar Association spring antitrust meeting, where one key takeaway included news that the Federal Trade Commission's anticipated changes to the Hart-Scott-Rodino form may be less dramatic than many originally feared, say attorneys at Freshfields.