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Employment
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May 25, 2023
UFCW Asks 11th Circ. To Enforce NLRB's Bargaining Order
A UFCW affiliate told the Eleventh Circuit on Thursday to back enforcement of a National Labor Relations Board ruling that a chemical company unlawfully refused to bargain, arguing the case shouldn't be delayed while the board considers whether to expand make-whole remedies.
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May 25, 2023
Individuals Can't Sue Under NJ Cannabis Law, Judge Rules
A New Jersey federal judge on Thursday tossed out a proposed class action accusing Walmart of violating a Garden State law by rejecting job applicants who tested positive for cannabis, resolving a matter of first impression and saying individuals cannot sue under that statute.
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May 25, 2023
NCAA Says Volunteers Not Harmed By Limit On Paid Coaches
The NCAA urged a California federal judge Wednesday to toss a proposed class action from former volunteer coaches who claim an association bylaw limiting the number of paid coaches Division I schools may hire amounts to illegal wage fixing, saying the group has failed to show how the rules caused them any injury.
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May 25, 2023
Female Candidate Nabs Jury Win In School Pay Bias Suit
A Tennessee federal jury awarded a female school psychologist candidate nearly $200,000 Thursday in her pay bias suit, alleging the school district scrapped the role after she complained she was offered a lower starting salary than a previous male candidate.
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May 25, 2023
Amazon Wage Suit Should Stay In State Court, 9th Circ. Told
A suit alleging Amazon committed a slew of wage and hour violations should stay in Washington state court, a group of delivery drivers told the Ninth Circuit, saying a Washington federal court correctly found that the e-commerce giant is the primary defendant.
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May 25, 2023
3rd Circ. Says Atty Prof's Suit Can Stay In Fed. Court
An attorney and law professor who believes she was wrongly removed from her role at a public university in New Jersey may continue to pursue claims in federal court, according to a precedential Third Circuit panel ruling Thursday, reversing an earlier dismissal that stated she should have kept her complaint in state court.
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May 25, 2023
4th Circ. Upholds State Dept. Contractor's Retaliation Suit Win
The Fourth Circuit backed a U.S. State Department contractor's defeat of an ex-employee's lawsuit claiming she was fired for raising concerns about a potential supervisor's conduct, ruling that an email she sent amounted to "personal gossip" rather than a federally protected complaint.
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May 25, 2023
Activision Hid #MeToo Investigations, Investors Tell 9th Circ.
Investors in Activision Blizzard urged the Ninth Circuit on Wednesday to revive a proposed class action alleging executives downplayed the seriousness of state and federal scrutiny into the company's purportedly sexist workplace culture, saying the company implemented drastic changes while telling investors the investigations were "not significant."
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May 25, 2023
Conditional Cert. Recommended For Dancers In Wage Suit
A South Carolina federal magistrate judge has recommended that the court grant conditional certification to dancers who say a strip club illegally denied them hourly wages, took portions of their tips and charged them fees for the right to work.
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May 25, 2023
Ga. Cop Must Pay Monthly Pending Appeal Of $40M Judgment
Atlanta police officer Jon Grubbs must pay $700 a month while waiting for a decision on his appeal of a $40 million judgment against him in a case in which a jury said his use of excessive force rendered a man quadriplegic, a Georgia federal judge ruled Wednesday.
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May 25, 2023
Senior Center Workers Say They Worked Unpaid During Meals
An Ohio-based senior living community operator got hit with a proposed class action accusing it of deducting meal times from its health care workers' compensable working hours even though in practice they allegedly cannot stop working and take their full break due to understaffing.
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May 25, 2023
Pension Fund Fights High Court Review Of Contract Exit Win
A pension fund told the U.S. Supreme Court that there's no need to review a Seventh Circuit ruling faulting two logistics companies for improperly ending their contributions to the plan, arguing that the order focused on contract-specific language in a framework aligned with circuit precedent.
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May 25, 2023
Chicago Dispensary Settles Ex-Employee's Retaliation Suit
A Chicago cannabis dispensary has agreed to resolve a former employee's lawsuit alleging she was fired after reporting to management that her new boss was sexually harassing her, according to a Thursday filing in Illinois federal court.
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May 25, 2023
Appeals Court Kills Ex-Houston Worker's Sex Harassment Suit
A Texas appeals court said Thursday the City of Houston does not have to face a former worker's sexual harassment and retaliation lawsuit, reversing a trial court's decision and finding the ex-employee failed to put forward enough evidence.
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May 25, 2023
Jury Grants Insurer $2M Win Against Former Employees
Three former employees of insurance brokerage giant USI Insurance Services are responsible for paying the company $2.1 million for violating their contracts, a Georgia federal jury ruled, ending a dispute over whether a competitor had wrongfully poached executives from the insurer's aviation practice group.
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May 25, 2023
6th Circ. Says DOL Punitive Damages End With Death
A man who died before a U.S. Department of Labor judge sided with him in a retaliation suit can't recover punitive damages, the Sixth Circuit ruled, affirming a board's decision finding that those damages dwindled after his passing.
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May 25, 2023
Chick-Fil-A Worker Says Franchisee Can't Ax OT Suit
A Chick-fil-A franchisee should stay on the hook for unpaid overtime claims, a worker told a Virginia federal court, saying his overtime claims are clearly covered by federal labor law.
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May 25, 2023
East Mich. Judge Borman To Take Senior Status
Eastern District of Michigan Judge Paul D. Borman will take senior status in August after serving for nearly three decades in the district's Detroit division, according to the Administrative Office of the U.S. Courts' database on future judicial vacancies.
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May 25, 2023
Conn. Co. Escapes FLSA Suit Due To Atty's Admission Status
A Connecticut flooring company has at least temporarily dodged claims by a proposed class of workers saying they were illegally denied overtime wages because the workers' lawyer "does not appear to be fully admitted to the bar of the U.S. District Court of Connecticut," according to a recent docket entry in the case.
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May 25, 2023
IBM Wants Axed 'Piggybacking' Age Bias Defense Published
IBM urged the Eleventh Circuit to publish a recent ruling finding that untimely age bias claims can't survive dismissal by so-called piggybacking onto timely claims filed by other employees, arguing that precedent needs to be set on the issue to guide similar cases against the tech giant.
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May 24, 2023
Workplace Consultants Agree Not To Use 'OSHA' Trademark
A judge has signed off on an agreement that will end the federal government's trademark case against a workplace consulting firm founded by former staffers at the Occupational Safety and Health Administration accused of using the agency's acronym without permission.
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May 24, 2023
Orbitz Can Reduce Rape Judgment With Prior Settlement
An Illinois appeals court ruled Wednesday that a potential judgment against Orbitz in an ongoing suit accusing an Orbitz employee of raping two advertising company workers after a party can be reduced because of a confidential settlement the employees reached with their employer.
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May 24, 2023
Newark Archdiocese Can't Ax Ex-Teacher's Antisemitism Suit
A New Jersey federal judge declined to toss a Jewish ex-teacher's suit claiming he was subjected to swastikas and antisemitic conduct in a Roman Catholic Archdiocese of Newark high school, ruling that he put forward enough evidence to send his claims to a jury.
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May 24, 2023
Back Pay For NYC Assigned Lawyers Likely To Survive Appeal
An appeals court panel seemed poised on Wednesday to affirm the entirety of an injunction that raised salaries for assigned counsel in certain family court and criminal proceedings in New York City, including a back pay provision.
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May 24, 2023
DOJ, Companies Reach Penalty Deal For Biased Job Ads
The U.S. Department of Justice said it has reached penalty agreements with 10 more employers including Honeywell International Inc. and Deluxe Corp. for posting job ads on a college job recruitment platform with illegal citizenship status restrictions, following similar settlements with 20 other companies.
Expert Analysis
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What The Justices' Questions Signify For FCA Compliance
Whatever the outcome of two False Claims Act cases pending before the U.S. Supreme Court, the justices' questions during recent oral arguments indicate that government contractors should take certain steps to ensure their compliance programs are demonstrably active and adaptable, say Holly Butler and Rebecca Fallk at Miles & Stockbridge.
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History Supports 2nd Circ. View Of FAA Transport Exemption
In the circuit split over when transport workers are exempt from the Federal Arbitration Act, sparked by the 2022 U.S. Supreme Court decision in Southwest Airlines v. Saxon, the Second Circuit reached a more faithful interpretation — one supported by historical litigation and legislative context, though perhaps arrived at via the wrong route, say Joshua Wesneski and Crystal Weeks at Weil.
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Mitigating Risk When Remote Employees Work 2 Jobs
With data from the U.S. Bureau of Labor Statistics showing a recent increase in the number of people working two full-time jobs, employers may want to consider policies that address conflicts of interest, artificial intelligence and more to ensure their employees are meeting expectations, says Christopher Deubert at Constangy.
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Tips For In-House Legal Leaders In A Challenging Economy
Amid today's economic and geopolitical uncertainty, in-house legal teams are running lean and facing increased scrutiny and unique issues, but can step up and find innovative ways to manage outcomes and capitalize on good business opportunities, says Tim Parilla at LinkSquares.
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Opinion
Accommodating Disabled Employees Is Rarely A Hardship
Since tools for granting disabled employees' reasonable accommodation requests are readily available and affordable — as illustrated by a recent U.S. Department of Labor Office of Disability Employment Policy report — it should be much harder for employers to prove undue hardship in granting these requests, says Kamran Shahabi at Valiant Law.
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Minimizing Discrimination Risks In Export Control Compliance
A recently issued U.S. Department of Justice fact sheet on avoiding immigration-related discrimination in U.S. export control compliance should help employers learn to walk a tightrope to ensure their good faith compliance efforts do not unintentionally create risks, say attorneys at Baker McKenzie.
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What Associates Need To Know Before Switching Law Firms
Excerpt from Practical Guidance
The days of staying at the same firm for the duration of one's career are mostly a thing of the past as lateral moves by lawyers are commonplace, but there are several obstacles that associates should consider before making a move, say attorneys at HWG.
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Cybersecurity Priorities For Remote Workplace Management
With work from home as the new normal, the quest for productivity presents cybersecurity issues including insider threats and email phishing scams, leaving company management with the task of employing various strategies to ward off such significant, increasing threats while the landscape continues to evolve, says Anjali Das at Wilson Elser.
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Employers Need Clarity On FLSA Joint Employer Liability
A judicial patchwork of multifactor tests to determine joint employment liability has led to unpredictable results, and only congressional action or enactment of a uniform standard to which courts will consistently defer can give employers the clarity needed to structure their relationships with workers, say attorneys at Seyfarth.
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A Case For Sharing Mediation Statements With Counterparties
In light of a potential growing mediation trend of only submitting statements to the mediator, litigants should think critically about the pros and cons of exchanging statements with opposing parties as it could boost the chances of reaching a settlement, says Arthur Eidelhoch at Eidelhoch Mediation.
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Calif. Independent Contractor Lessons From Grubhub Suit
California courts have been creating little in the way of clarity when it comes to the employment status of gig workers — and a recent federal court decision in Lawson v. Grubhub illustrates how status may change with the winds of litigation, offering four takeaways for businesses that rely on delivery drivers, say Esra Hudson and Marah Bragdon at Manatt.
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Recent DOJ Setback Unlikely To Shift Labor Antitrust Focus
A Connecticut federal judge's recent toss of an aerospace no-poach prosecution in a rare Rule 29 order is unlikely to derail the U.S. Department of Justice Antitrust Division's ongoing efforts to criminally prosecute conduct affecting workers' compensation and job mobility, say attorneys at Perkins Coie.
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Working From Home? Beware Insider Trading, Tipping Risks
The U.S. Securities and Exchange Commission has recently pursued traders who received material nonpublic information from loved ones while working from home, so those with work secrets should take extra precautions and inform family and friends of insider trading risks, say Dixie Johnson and Lauren Konczos at King & Spalding.
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NLRB GC Memos Complicate Labor Law Compliance
Policy memoranda from National Labor Relations Board General Counsel Jennifer Abruzzo outlining new interpretations of the National Labor Relations Act create compliance dilemmas for employer counsel, who must review not only established law, but also statements that may better predict how the board will decide future questions, says Daniel Johns at Cozen O'Connor.
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Preparing For Legal Scrutiny Of Data Retention Policies
Two recent cases involving Google and Meta should serve as a call to action for companies to ensure their data retention policies are updated and properly implemented to the degree of being able to withstand judicial scrutiny, especially as more data is generated by emerging technologies, say Jack Kallus and Labeed Choudhry at Kaufman Dolowich.