Employment

  • April 30, 2024

    Reed Smith Beats Ex-Paralegal's Sprawling Bias Suit

    A former Reed Smith LLP paralegal hasn't shown that the firm's flagging of her work performance issues and her eventual termination stemmed from age and race discrimination, a New Jersey federal judge ruled Tuesday, handing the law firm a final win in the nearly 9-year-old litigation.

  • April 30, 2024

    Chairman Ousted After Sex Scandal Looks To Prod Arbitration

    The ousted chairman of software investment company The Resource Group International Ltd. is urging a New York court to order his former company to submit to his arbitration claim, in which he accuses its top brass of improperly profiting after he resigned following a sexual harassment scandal.

  • April 30, 2024

    Detroit Tigers Say Fired Workers Can't Testify At Age Bias Trial

    The Detroit Tigers has told a federal court that a former employee who alleged the club made a habit of letting older workers go to promote younger ones shouldn't be allowed to have eight other departed or demoted staff members testify in an upcoming trial.

  • April 30, 2024

    Foreign Farmworker Protection Rule Could Frustrate Hiring

    A new U.S. Department of Labor regulation boosting labor protections for H-2A visa workers has industry experts worried that it could frustrate a common practice of sharing employees within the agricultural industry, and pose hiring challenges for farmers and ranchers.

  • April 30, 2024

    NJ AG Asks Court To Nix UAW's Suit Over Smoking In Casinos

    The New Jersey attorney general has requested that a state court dismiss a United Auto Workers complaint claiming a law excluding casino workers from a smoking ban at certain indoor workspaces violates the state constitution, saying the dispute should be left to the Legislature.

  • April 30, 2024

    UK Fund Cites Jacobs' Qatar Oversight Failings In Del. Suit

    A UK pension fund investor in the U.S.-based business that oversaw construction of 2022 World Cup soccer facilities in Qatar has sued the company's directors in Delaware's Court of Chancery, seeking recovery of damages arising from director failures to monitor human rights violations reported by workers.

  • April 30, 2024

    Kroger, Albertsons Say FTC Distorts Markets In Merger Case

    Kroger and Albertsons told an Oregon federal court to reject a pending merger challenge by the Federal Trade Commission and a group of states, saying it distorts the competitive landscape for the grocery and labor markets.

  • April 30, 2024

    Chicago Hoopsters Drop NIL Antitrust Suit Against NCAA

    Two Chicago State University freshman basketball players on Tuesday dropped their suit alleging that the NCAA violated antitrust laws by declaring them ineligible to compete because they received compensation for their names, images and likenesses while in high school.

  • April 30, 2024

    Wash. Job Applicant's Pay Transparency Suit Tossed For Now

    A Washington federal judge tossed a job applicant's state pay transparency suit against a rent-to-own retailer, ruling the job-seeker didn't prove how the company's failure to include pay information in a job listing negatively affected him.

  • April 30, 2024

    10th Circ. Says Biden Can Raise Contractors' Minimum Wage

    President Joe Biden's minimum hourly wage increase for federal contractors to $15 is intertwined with furthering the economy and is therefore supported by the Procurement Act, a split Tenth Circuit panel ruled Tuesday, agreeing with a Colorado federal court to keep the wage bump.

  • April 30, 2024

    Welch's Says Worker Should Stay Fired In Dispute With Union

    Welch Foods Inc. on Tuesday said a Pennsylvania magistrate judge is wrong to say the company should be forced to rehire a Teamsters-represented worker it fired for making vulgar comments to a female co-worker, saying the words the ex-employee used should be construed as sexual harassment.

  • April 30, 2024

    6th Circ. Weighs Merits, Procedure In NLRB Severance Case

    The Sixth Circuit grappled Tuesday with a hospital's challenge to the National Labor Relations Board's ruling that it unlawfully offered severance agreements that muzzled workers, with one judge questioning how the agreements interfered with workers' rights and another whether the hospital was even entitled to oppose the new standard.

  • April 30, 2024

    Georgia EMS Co. Rife With Harassment And Abuse, Suit Says

    An Atlanta-based EMS provider was hit with a lawsuit by a former paramedic who says in under one year with the company, she faced a workplace rife with sexual harassment, domestic abuse, medical malpractice, retaliation and white supremacist affiliations.

  • April 30, 2024

    Ex-DraftKings Exec Blocked From US Role At Rival Fanatics

    A Boston federal judge Tuesday blocked a former DraftKings executive from doing the same line of work for rival Fanatics in the U.S., citing his "evasive" testimony about his decampment to Fanatics.

  • April 30, 2024

    SEIU Cites Starbucks Organizing In Push For Cemex Standard

    The Service Employees International Union invoked the nationwide organizing campaign at Starbucks stores in a request for the Ninth Circuit to back a National Labor Relations Board precedent shift for bargaining orders, arguing the new standard will help deter labor law violations.

  • April 30, 2024

    Trial Set For Lin Wood's Ex-Partners' Defamation Suit

    Controversial attorney Lin Wood will face trial in August in a defamation case brought by his former law partners who say he falsely accused them of trying to extort him, a Georgia federal judge decided Tuesday.

  • April 30, 2024

    Husch Blackwell Adds Labor & Employment Litigator In LA

    Husch Blackwell LLP announced Tuesday that it is expanding its labor and employment team, adding a litigator who ran his own firm for nearly a decade as partner to its Los Angeles office.

  • April 30, 2024

    Atty Sanctioned Over Missed Depo During Solar Eclipse Trip

    A Florida lawyer whose client missed his own deposition while the attorney was solar eclipse viewing has been ordered to pay related attorney fees incurred by AAA as the business fights a gender discrimination lawsuit.

  • April 30, 2024

    EEOC Says High Court Ruling Supports Ex-Worker's ADA Suit

    The U.S. Equal Employment Opportunity Commission urged the Tenth Circuit to reinstate a worker's disability bias suit claiming she was fired from a Kansas health system for refusing mental health counseling, arguing that a recent U.S. Supreme Court ruling shows her case was improperly tossed.

  • April 30, 2024

    School Knocks Out Religious Bias Suit Over Pronoun Policy

    An Indiana federal court Tuesday dismissed a suit from a Christian former teacher who objected to using gender-affirming names for trans students, ruling that letting him refer to students by last names only would be asking too much under a standard articulated by the U.S. Supreme Court in June.

  • April 29, 2024

    Ex-Officers Seek Early Win Against Flight Attendant Union

    Former officers of the Association of Professional Flight Attendants urged a Texas federal judge to toss claims from the union that they violated their fiduciary duty, accusing the union of raising allegations to further "its political agenda against plaintiffs."

  • April 29, 2024

    Biz Groups Fight Conn. Ban On 'Captive Audience' Meetings

    A Connecticut law that lets workers skip employers' meetings to discuss unionization violates employers' right to free speech, a coalition of business groups argued in Connecticut federal court, seeking a pretrial win on allegations that the law violates the U.S. Constitution and federal labor law.

  • April 29, 2024

    Diddy Calls 1991 Rape Claim 'False, Offensive And Salacious'

    Sean "Diddy" Combs has asked a New York court to trim one of the multiple sexual assault suits he is facing, calling plaintiff Joi Dickerson-Neal's allegations of a 1991 rape "false, offensive and salacious."

  • April 29, 2024

    Trans Patients In NC, W.Va. Prevail In 4th Circ. Health Fight

    The Fourth Circuit on Monday affirmed two lower court decisions ordering North Carolina and West Virginia to end discriminatory exclusions for coverage of gender-affirming medical care for transgender people in both states, finding the lower courts properly struck down the policies as "textbook sex discrimination."

  • April 29, 2024

    Restaurateurs Say DOL Drew Tipped Work 'Line' Unfairly

    The U.S. Department of Labor and two restaurant groups told the Fifth Circuit on Monday that they agreed the department's rule regulating what's tipped and nontipped work "is fundamentally a line-drawing problem," but disagreed on whether that "line" had been drawn appropriately under federal statutes.

Expert Analysis

  • Series

    Coaching High School Wrestling Makes Me A Better Lawyer

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    Coaching my son’s high school wrestling team has been great fun, but it’s also demonstrated how a legal career can benefit from certain experiences, such as embracing the unknown, studying the rules and engaging with new people, says Richard Davis at Maynard Nexsen.

  • SG's Office Is Case Study To Help Close Legal Gender Gap

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    As women continue to be underrepresented in the upper echelons of the legal profession, law firms could learn from the example set by the Office of the Solicitor General, where culture and workplace policies have helped foster greater gender equality, say attorneys at Ocean Tomo.

  • Series

    In Focus At The EEOC: Protecting Vulnerable Workers

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    It's meaningful that the U.S. Equal Employment Opportunity Commission's strategic enforcement plan prioritizes protecting vulnerable workers, particularly as the backlash to workplace racial equity and diversity, equity and inclusion programs continues to unfold, says Dariely Rodriguez at the Lawyers’ Committee for Civil Rights Under Law.

  • The Latest Antitrust Areas For In-House Counsel To Watch

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    The U.S. Department of Justice and the Federal Trade Commission's increasingly aggressive approach to antitrust enforcement means in-house counsel should closely monitor five key compliance issues, say attorneys at Squire Patton.

  • NCAA's Antitrust Litigation History Offers Clues For NIL Case

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    Attorneys at Perkins Coie analyze the NCAA's long history of antitrust litigation to predict how state attorney general claims against NCAA recruiting rules surrounding name, image and likeness discussions will stand up in Tennessee federal court.

  • SAG-AFTRA Contract Is A Landmark For AI And IP Interplay

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    SAG-AFTRA's recently ratified contract with the Alliance of Motion Picture and Television Producers introduced a framework to safeguard performers' intellectual property rights and set the stage for future discussions on how those rights interact with artificial intelligence — which should put entertainment businesses on alert for compliance, says Evynne Grover at QBE.

  • 4 Steps To Navigating Employee Dementia With Care

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    A recent Connecticut suit brought by an employee terminated after her managers could not reasonably accommodate her Alzheimer's-related dementia should prompt employers to plan how they can compassionately address older employees whose cognitive impairments affect their job performance, while also protecting the company from potential disability and age discrimination claims, says Robin Shea at Constangy.

  • Googling Prospective Jurors Is Usually A Fool's Errand

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    Though a Massachusetts federal court recently barred Google from Googling potential jurors in a patent infringement case, the company need not worry about missing evidence of bias, because internet research of jury pools usually doesn’t yield the most valuable information — voir dire and questionnaires do, says Sarah Murray at Trialcraft.

  • How Dartmouth Ruling Fits In NLRB Student-Athlete Playbook

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    A groundbreaking decision from a National Labor Relations Board official on Feb. 5 — finding that Dartmouth men's basketball players are employees who can unionize — marks the latest development in the board’s push to bring student-athletes within the ambit of federal labor law, and could stimulate unionization efforts in other athletic programs, say Jennifer Cluverius and Patrick Wilson at Maynard Nexsen.

  • Del.'s Tesla Pay Takedown Tells Boards What Not To Do

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    The Delaware Chancery Court’s ruthless dissection of the Tesla board’s extreme departures from standard corporate governance in its January opinion striking down CEO Elon Musk’s $55 billion pay package offers a blow-by-blow guide to mistakes Delaware public companies can avoid when negotiating executive compensation, say attorneys at Cleary.

  • A Look Into How Jurors Reach High Damages Awards

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    In the wake of several large jury awards, Richard Gabriel and Emily Shaw at Decision Analysis shed light on challenges that jurors have in deciding them, the nonevidentiary and extra-legal methods they use to do so, and new research about the themes and jury characteristics of high-damages jurors.

  • Compliance Tips For Employers Facing An Aggressive EEOC

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    This year, the combination of an aggressive U.S. Equal Employment Opportunity Commission, a renewed focus on large-scale recruiting and hiring claims, and the injection of the complicated landscape of AI in the workplace means employers should be prepared to defend, among other things, their use of technology during the hiring process, say attorneys at Seyfarth Shaw.

  • Preparing For A New Wave Of Litigation Under Silicosis Rules

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    After the Division of Occupational Safety and Health of California issued an emergency temporary standard to combat noncompliance with assessments of workers' exposure to particles of crystalline silica, companies that manufacture, distribute or sell silica-containing products will need aggressive case-specific discovery to navigate a new wave of litigation, say attorneys at Dechert.

  • Employer Trial Tips For Fighting Worker PPE Pay Claims

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    Courts have struggled for decades to reach consensus on whether employees must be paid for time spent donning and doffing personal protective equipment, but this convoluted legal history points to practical trial strategies to help employers defeat these Fair Labor Standards Act claims, say Michael Mueller and Evangeline Paschal at Hunton.

  • Managing Competing Priorities In Witness Preparation

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    There’s often a divide between what attorneys and witnesses want out of the deposition process, but litigation teams can use several strategies to resolve this tension and help witnesses be more comfortable with the difficult conditions of testifying, say Ava Hernández and Steve Wood at Courtroom Sciences.

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