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Employment
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June 07, 2024
Ohio Panel Says School Union Dues Dispute Tied To Contract
An Ohio state appeals court said five public school employees cannot hash out their claims over unauthorized union dues deductions in court because they draw from a collective bargaining agreement and therefore must be handled administratively.
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June 07, 2024
Employment Authority: How AI Tools May Push Disability Bias
Law360 Employment Authority covers the biggest employment cases and trends. Catch up this week with coverage on why worker advocates are concerned that hiring tools that use artificial intelligence are allowing disability bias to flourish, how fewer and fewer workers are being paid at the federal minimum wage as state wage rates rise, and why experts think a recent Fifth Circuit ruling could cause trouble for new remedies laid out by the National Labor Relations Board in the future.
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June 07, 2024
Tesla Rips 'Unprecedented' $5.6B Fee Bid In Musk Pay Fight
Tesla urged Delaware's Chancery Court on Friday to reject a $5.6 billion stock-based fee request by counsel representing investors who blocked Elon Musk's record Tesla pay package, arguing the "unprecedented" fee bid is unreasonable, unwarranted and 17 times larger than any fee award in Delaware history.
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June 07, 2024
Hospital Dodges Hostile-Workplace Claim In Race Bias Suit
A federal court trimmed a state-level claim of hostile work environment and two allegations of racial bias from a Black former emergency room doctor at a hospital outside Philadelphia, but said there were enough questions of fact for other parts of her case to move ahead.
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June 07, 2024
11th Circ. Passes On Atlanta Court Officer's Bias Battle
The Eleventh Circuit won't revive a discrimination suit filed by a former security officer in Atlanta's federal courthouse who says he faced homophobic harassment and was assaulted by another officer while on the job, a three-judge panel said Thursday.
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June 07, 2024
Union Says NYC Hotel Must Pay Severance Arbitration Award
A hotel workers union urged a New York federal court to force a former operator of a shuttered Marriott hotel in Manhattan to pay $6 million in severance pay stemming from the COVID-19 pandemic, saying an arbitrator's award in the union's favor must be enforced.
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June 07, 2024
Exotic Dancers Win Class Status For State Law Wage Claims
An Illinois federal judge has certified a class of exotic dancers who claim they were misclassified as independent contractors and compensated only in tips from customers and not in wages as employees, in violation of federal and state labor laws.
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June 07, 2024
Thomson Reuters Fired Worker For Anti-BLM Posts, Suit Says
A former Thomson Reuters data scientist says he was fired after complaining about an allegedly racially hostile work environment toward white people, including the removal of his posts criticizing the Black Lives Matter movement from a company message board.
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June 07, 2024
John Deere Pays $1.1M To End DOL Hiring Bias Probe
John Deere has agreed to pay $1.1 million to the U.S. Department of Labor to shutter an investigation alleging the agricultural manufacturing company declined to employ nearly 300 Black and Hispanic workers through systemic hiring discrimination, the agency announced.
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June 07, 2024
Off The Bench: NFL On Trial, Betting Crackdowns, Tennis Suit
In this week's Off The Bench, the NFL stands trial in a massive antitrust class action over its Sunday Ticket broadcast package, a series of sports betting crackdowns makes waves in the MLB and the NBA, and the U.S. Tennis Association denies any liability for a player's sexual assault by her coach.
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June 07, 2024
Southwest Attys Get Pause On 'Punitive' Religious Training
In finding Friday that an order for several in-house Southwest Airlines attorneys to undergo "religious liberty training" should be permanently placed on hold while an appeal of a flight attendant's Title VII trial win is pending, the Fifth Circuit said the district court had likely exceeded "the scope of the court's civil-contempt authority."
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June 07, 2024
Fla. Builder's Former In-House Atty Beats DQ Bid In Firing Suit
A Florida federal judge has rejected a development company's bid to disqualify the Boatman Ricci law firm from representing the company's former in-house counsel in his wrongful termination lawsuit.
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June 07, 2024
Philly Legal Services Group Backs FTC Noncompete Ban
Community Legal Services, which represents the poorest Philadelphians in legal matters, threw its support Friday behind the Federal Trade Commission's bid to ban business from forcing employees into noncompete agreements.
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June 07, 2024
NJ Asked To Convince Court Not To Block Temp Law
A New Jersey federal judge ordered the state Friday to show why a new law broadening protections for temporary workers should stay in place, after a group of business associations raised new arguments that the Employee Retirement Income Security Act preempts the law.
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June 07, 2024
Lewis Brisbois Wants Ex-Partner's Pay Bias Suit In Arbitration
Lewis Brisbois Bisgaard & Smith LLP has asked a Los Angeles court to force arbitration of claims lodged by a former partner in a suit accusing the firm of gender discrimination in pay and retaliation for raising concerns over its "unethical billing practices."
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June 07, 2024
Cozen Adds Eckert Seamans Employment Pro In Boston
Cozen O'Connor brought on a veteran employment lawyer from Eckert Seamans Cherin & Mellott LLC in Boston, who comes with experience working in the public sector that he said allows him to help companies navigate any type of employment suit that comes their way.
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June 07, 2024
9th Circ. Says University Can Sue Over Wash. AG Hiring Probe
A Ninth Circuit panel breathed new life Friday into a private Christian university's lawsuit accusing Washington state's attorney general of improperly investigating its anti-LGBTQ+ hiring practices, finding the possibility of potential future enforcement gives the school standing to sue.
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June 06, 2024
Tesla Sued Over Vote On Revived $55B CEO Pay, Texas Move
Tesla, its board of directors and CEO Elon Musk were hit with a proposed class action in Delaware Chancery Court on Thursday over the company's plan to seek stockholder approval for the same $55.8 billion Musk compensation plan voided in January, along with reincorporation of Tesla as a Texas company.
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June 06, 2024
Alec Baldwin Faces New 'Rust' Shooting Civil Claims In NM
The family of cinematographer Halyna Hutchins, who was shot and killed on the set of "Rust," has lodged another civil suit against Alec Baldwin, this time in New Mexico, according to a complaint filed Wednesday in Santa Fe County court.
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June 06, 2024
Ameriprise Says Father-Son Ex-Reps Stole Client Info
Ameriprise Financial seeks a restraining order against two former employees, a father-son duo, and their new employer, saying the men took boxes of confidential documents "in the dark of the night" to transfer to their new roles.
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June 06, 2024
Ex-Telemundo Worker Urges Panel To Revive Harassment Suit
A former Telemundo advertising executive urged an Eleventh Circuit panel Thursday to reverse a lower court's ruling to dismiss her sexual harassment lawsuit against the company, saying she sufficiently alleged a hostile work environment after reporting sexual harassment by her supervisors.
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June 06, 2024
FTC Says Kroger Hasn't Turned Over Promised Documents
The Federal Trade Commission urged an administrative law judge on Tuesday to require Kroger to fork over documents related to negotiations for its divestiture plan amid the commission's in-house challenge to the grocer's merger with Albertsons, saying Kroger's prior representations that it would produce the materials "have proven false."
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June 06, 2024
PNC Settles Former Worker's Race Bias Suit
PNC National Bank has reached an agreement to end a former employee's racial discrimination suit in a federal court in Pittsburgh, the parties said Wednesday.
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June 06, 2024
Wash. Judge Suggests Insurer Dragged Out IP Dispute
A Washington federal judge appeared unconvinced Thursday by a dental health insurer's argument that it acted honestly in pushing forward with trade secret claims even after the accused ex-employee returned her company-issued laptop that purportedly held sensitive information.
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June 06, 2024
NFL Says Labor Law Preempts Ex-Player's Estate's CTE Claim
The National Football League isn't to blame for a former football player's head trauma, the league told a South Carolina federal judge, arguing federal labor law preempts a negligence claim from a representative of the ex-player's estate.
Expert Analysis
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Patent Ownership Issues In Light Of USPTO AI Guidance
Recently published guidance from the U.S. Patent and Trademark Office establishes that inventions created using artificial intelligence may be patentable if a human also significantly contributes, but ownership and legal rights in these types of patents are different issues that require further assessment, says Karl Gross at Leydig Voit.
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Calif. Ruling Shows Limits Of Exculpatory Lease Clauses
A California court's recent decision in Epochal Enterprises v. LF Encinitas Properties, finding a landlord liable for failing to disclose the presence of asbestos on the subject property, underscores the limits of exculpatory clauses' ability to safeguard landlords from liability where known hazards are present, say Fawaz Bham and Javier De Luna at Hunton.
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Breaking Down California's New Workplace Violence Law
Ilana Morady and Patrick Joyce at Seyfarth discuss several aspects of a new California law that requires employers to create and implement workplace violence prevention plans, including who is covered and the recordkeeping and training requirements that must be in place before the law goes into effect on July 1.
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Series
Serving As A Sheriff's Deputy Made Me A Better Lawyer
Skills developed during my work as a reserve deputy — where there was a need to always be prepared, decisive and articulate — transferred to my practice as an intellectual property litigator, and my experience taught me that clients often appreciate and relate to the desire to participate in extracurricular activities, says Michael Friedland at Friedland Cianfrani.
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Fears About The End Of Chevron Deference Are Overblown
While some are concerned about repercussions if the U.S. Supreme Court brings an end to Chevron deference in the Loper and Relentless cases this term, agencies and attorneys would survive just fine under the doctrines that have already begun to replace it, say Daniel Wolff and Henry Leung at Crowell & Moring.
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What A Post-Chevron Landscape Could Mean For Labor Law
With the U.S. Supreme Court’s ruling on Chevron deference expected by the end of June, it’s not too soon to consider how National Labor Relations Act interpretations could be affected if federal courts no longer defer to administrative agencies’ statutory interpretation and regulatory actions, say attorneys at Morgan Lewis.
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Former Minn. Chief Justice Instructs On Writing Better Briefs
Former Minnesota Supreme Court Chief Justice Lorie Gildea, now at Greenberg Traurig, offers strategies on writing more effective appellate briefs from her time on the bench.
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Preparing For Possible Calif. Criminal Antitrust Enforcement
Though a recent announcement that the California Attorney General's Office will resume criminal prosecutions in support of its antitrust enforcement may be mere saber-rattling, companies and their counsel should nevertheless be prepared for interactions with the California AG's Antitrust Section that are not limited to civil liability issues, say Dylan Ballard and Lillian Sun at V&E.
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Studying NY, NJ Case Law On Employee Social Media Rights
While a New Jersey state appeals court has twice determined that an employee's termination by a private employer for social media posts is not prohibited, New York has yet to take a stand on the issue — so employers' decisions on such matters still need to be assessed on a case-by-case basis, say Julie Levinson Werner and Jessica Kriegsfeld at Lowenstein Sandler.
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Stay Interviews Are Key To Retaining Legal Talent
Even as the economy shifts and layoffs continue, law firms still want to retain their top attorneys, and so-called stay interviews — informal conversations with employees to identify potential issues before they lead to turnover — can be a crucial tool for improving retention and morale, say Tina Cohen Nicol and Kate Reder Sheikh at Major Lindsey.
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AI In Accounting Raises OT Exemption Questions
A recent surge in the use of artificial intelligence in accounting work calls into question whether professionals in the industry can argue they are no longer overtime exempt under the Fair Labor Standards Act, highlighting how technology could test the limits of the law for a variety of professions, say Bradford Kelley at Littler and Stephen Malone at Peloton Interactive.
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Calif. High Court Ruling Has Lessons For Waiving Jury Trials
The California Supreme Court’s recent decision in TriCoast Builders v. Fonnegra, denying relief to a contractor that had waived its right to a jury trial, shows that litigants should always post jury fees as soon as possible, and seek writ review if the court denies relief from a waiver, say Steven Fleischman and Nicolas Sonnenburg at Horvitz & Levy.
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A Look At 3 Noncompete Bans Under Consideration In NYC
A trio of noncompete bills currently pending in the New York City Council would have various effects on employers' abilities to enter into such agreements with their employees, reflecting growing anti-noncompete sentiment across the U.S., say Tracey Diamond and Grace Goodheart at Troutman Pepper.
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Series
Spray Painting Makes Me A Better Lawyer
My experiences as an abstract spray paint artist have made me a better litigator, demonstrating — in more ways than one — how fluidity and flexibility are necessary parts of a successful legal practice, says Erick Sandlin at Bracewell.
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Draft Pay Equity Rule May Pose Contractor Compliance Snags
The Federal Acquisition Regulatory Council's recently proposed rule that would prohibit government contractors from requesting certain job applicants' salary history seems simple on the surface, but achieving compliance will be a nuanced affair for many contractors who must also adhere to state and local pay transparency laws, say attorneys at Hogan Lovells.