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Employment
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April 24, 2024
UPMC Affiliate Can't Avoid False Claims Suit Over NIH Grant
A research foundation affiliated with a University of Pittsburgh Medical Center hospital can't duck a former employee's claims that the foundation mishandled grant money and fired her for raising concerns, though UPMC itself is off the hook, a federal judge ruled Wednesday.
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April 24, 2024
McKesson Ends Ex-Sales VP's Title VII Suit Over Vax Refusal
McKesson Corp. reached an agreement with a former sales vice president to end her lawsuit accusing the drug distributor of firing her because her Christian beliefs barred her from getting the COVID-19 vaccine, according to a filing in North Carolina federal court.
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April 24, 2024
Foxtrot, Dom's Kitchen Closures Violate WARN Act, Suit Says
Former employees of Foxtrot Market and Dom's Kitchen & Market hit the stores' parent company with a lawsuit in Illinois federal court Thursday, alleging it failed to give workers 60 days' notice of mass layoffs as required by federal law when all 33 locations abruptly shuttered Tuesday.
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April 24, 2024
Raleigh, NC, Seeks Dismissal Of Ex-Cop's OT Suit
The city of Raleigh, North Carolina, asked a federal judge Wednesday to toss an ex-police officer's lawsuit alleging it illegally compelled officers to accept time off rather than pay overtime premiums, arguing it acted in accordance with federal labor law.
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April 24, 2024
Louis Vuitton Flouted Wage And Hour Laws, Suit Says
Louis Vuitton has been hit with a proposed wage and hour class action in Los Angeles Superior Court by a former employee, alleging the luxury fashion company failed to pay overtime, provide proper meal and break periods and manipulated time cards to show fewer hours than worked during the pay period.
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April 24, 2024
Sanction Bank Workers Who Hid IP Grab, Branding Firm Says
An architectural and marketing firm has asked a Philadelphia federal judge for sanctions against two of its former employees who jumped ship for Republic Bank, saying that texts between the ex-employees show the "nadir of bad faith" about evidence destruction in their trade secrets misappropriation suit.
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April 24, 2024
Solar Co. Must Pay Workers, Union Benefit Funds
A Kalamazoo, Michigan-based solar company must follow an arbitration board's order to remit unpaid wages to two workers and unpaid contributions to a group of union benefit funds, a Michigan federal judge ruled Wednesday.
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April 24, 2024
Chamber Of Commerce Sues FTC Over New Noncompete Rule
The U.S. Chamber of Commerce has lodged a promised lawsuit challenging the Federal Trade Commission's new rule banning noncompete agreements, contending the pacts are good for the economy and that the agency lacks authority to issue the regulation.
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April 24, 2024
Reggie Bush Scores Heisman Back After Nearly 15 Years
Nearly 15 years after being stripped of his records and awards, former University of Southern California running back and football legend Reggie Bush is getting his 2005 Heisman Trophy back, with the Heisman Trophy Trust citing "enormous changes" in the college football environment.
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April 24, 2024
3rd Circ. Won't Let Keystone Coal Escape Black Lung Payout
The Third Circuit on Wednesday denied Keystone Coal Mining Corp.'s request to revoke benefits awarded to a miner with pneumoconiosis under the Black Lung Benefits Act, rejecting its argument that the administrative law judge hearing the case did not properly consider all the evidence.
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April 24, 2024
Ivy League Says Unionization Could 'Threaten' College Sports
Ivy League schools may eliminate certain varsity sports if college athletes can unionize, the Ivy League athletic conference has told the National Labor Relations Board, urging the board to reverse a precedent-setting decision that allowed Dartmouth College's men's basketball team to unionize.
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April 24, 2024
4th Circ. Revives Worker's Age Bias Suit Against IT Co.
The Fourth Circuit on Wednesday reinstated a former information technology company worker's lawsuit alleging she was unlawfully fired and replaced by someone nearly 30 years her junior, saying a trial court held her to too high a standard when it threw out her case.
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April 24, 2024
Tesla Must Put Musk's Potential Payday In Trust, Investors Say
Class attorneys for Tesla stockholders have asked Delaware's chancellor to seize or shelter in a trust tens of billions in company stock sidelined by a ruling that struck down CEO Elon Musk's 10-year compensation plan in January, pending a fast-track hearing.
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April 24, 2024
Solar Panel Co. Loses Calif. Appeal Over PAGA Arbitration
A California appellate panel sided with a lower court as it ruled in a published opinion that a carveout in a home solar panel company's employment agreement did not require a former worker to arbitrate his individual Private Attorneys General Act claims, keeping his suit in court.
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April 24, 2024
Conn. Justices Say Notice Wasn't 'Filed' Until It Was Received
The Connecticut Supreme Court has ruled that a contractor filed notice with the state Workers' Compensation Commission to contest liability for a worker's alleged injury too late — the key word being "filed," as the justices concluded the notice was not actually filed until the commission received it, rather than when it was sent.
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April 24, 2024
Nev. Can't Shake Military Bias Suit Over Pensions, DOJ Says
The federal government's suit alleging Nevada and its public employees' retirement system overcharged service members for pension credits should remain in play, the U.S. Department of Justice said, arguing it put forward enough detail showing the state's policies harm military members.
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April 23, 2024
Vince McMahon Says Deal With Accuser Sinks Abuse Suit
A former World Wrestling Entertainment Inc. legal staffer who has accused founder Vince McMahon of sexually abusing and trafficking her should be forced to take her federal lawsuit to arbitration because of a deal the parties signed when they ended a consensual affair, McMahon said Tuesday in a court filing.
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April 23, 2024
Megan Thee Stallion's Ex-Worker Alleges Hostile Workplace
Megan Thee Stallion's former cameraman filed a labor violation and harassment complaint in California state court Wednesday alleging the rapper created a hostile work environment by having sex in his presence during an Ibiza car ride and subjecting him to fat-shaming comments.
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April 23, 2024
Nuclear Plant Contractor Inks $18.4M Deal To End FCA Claims
The U.S. Department of Justice announced Tuesday that Consolidated Nuclear Security LLC will pay $18.4 million to resolve allegations that it knowingly submitted false claims for time not worked at a nuclear weapons plant.
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April 23, 2024
Doctor Renews $20M Claim His Hospital Made Up 25 Murders
An Ohio physician accused of 25 counts of murder and found guilty of none just renewed his $20 million malicious-prosecution suit against Trinity Health Corp., the parent company of his former employer, claiming that the company misled prosecutors to get him indicted as a distraction from the internal issues of the hospital where he worked.
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April 23, 2024
Justices Probe NLRB's Burden In Starbucks' Injunction Appeal
The U.S. Supreme Court appears likely to hold that the courts' traditional factors apply when the National Labor Relations Board pursues injunctions, though it's unclear from Tuesday's argument how closely it will direct courts to examine a key factor: the strength of the board's case.
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April 23, 2024
Ex-Banker Says HSBC Can't Blame Wage Policy On Manager
A former HSBC Bank employee accusing the company of violating the federal wage and hour law by making employees work through lunch told a New York federal court the company's attorneys are trying to offload responsibility for their client's actions to a former manager.
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April 23, 2024
Judge Overturns Biz's H-2B Ban, Blaming 'Gaslighting' Atty
A U.S. Department of Labor administrative law judge overturned a decision to debar a Minnesota concessions stand company from the H-2B visa program over its failure to pay back wages and penalties, saying the small business's owner had only followed his attorney's advice — right into a legal disaster.
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April 23, 2024
Tesla's Risky Ride To Revive Musk's Multibillion-Dollar Pay
Tesla Inc. and its mercurial CEO Elon Musk are banking on a bold strategy to salvage his multibillion-dollar compensation plan, invoking a recently enacted corporate power to first patch Tesla's charter and then reincorporate in Texas, potentially triggering stockholder claims of fiduciary breaches and waste.
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April 23, 2024
Firefighters Want LA County's Early Win Bid Axed In Hotel Suit
Los Angeles County firefighters urged a California federal judge to deny the county's bid for an early win in their suit alleging they weren't paid for time they spent quarantined in hotels during the COVID-19 pandemic, saying the motion attempts to use the courts as a "pawn to escape liability."
Expert Analysis
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How New Expert Rules Are Already Changing Court Decisions
Though not formally effective until last week, some courts have been relying for several years on amended federal rules clarifying judges’ gatekeeping role, so counsel should be prepared to justify their expert witnesses’ methodologies and expect additional motion practice on expert testimony admissibility, say Colleen Kenney and Daniel Kelly at Sidley.
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Opinion
Legal Profession Gender Parity Requires Equal Parental Leave
To truly foster equity in the legal profession and to promote attorney retention, workplaces need to better support all parents, regardless of gender — starting by offering equal and robust parental leave to both birthing and non-birthing parents, says Ali Spindler at Irwin Fritchie.
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Business Takeaways From Biden's Global Labor Rights Memo
President Joe Biden's recent memorandum on protecting worker rights is one of the most expansive statements the administration has made regarding international labor rights policy, and reflects several points of which businesses should take note, including the government’s interest in working with the private sector on these issues and a notable focus on the transition to clean energy, say Tom Plotkin and Pegah Nabili at Covington.
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1st Circ. Ruling Helps Clarify Test For FLSA Admin Exemption
The First Circuit’s recent decision in Marcus v. American Contract Bridge League will help employers navigate the Fair Labor Standards Act's "general business operations" exemption and make the crucial and often confusing decision of whether white collar employees are overtime-exempt administrators or nonexempt frontline producers of products and services, says Mark Tabakman at Fox Rothschild.
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Legal Lessons From Past World Cups To Keep In Mind For '26
The 2022 World Cup in Qatar and the 2023 Women's World Cup in Australia and New Zealand set new standards for sustainability, human rights and sponsorship — and with those new standards come new challenges for those involved in the planning of the 2026 World Cup in North America, say attorneys at Morgan Lewis.
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2nd Circ. Defamation Ruling May Chill NY Title IX Reports
The Second Circuit’s recent decision, holding accusers in Connecticut Title IX sexual misconduct cases are not immune to defamation claims, means that New York higher education institutions should reassess whether their disciplinary hearing procedures both protect due process and encourage victim and witness participation, says Nicole Donatich at Cullen and Dykman.
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Series
Writing Thriller Novels Makes Me A Better Lawyer
Authoring several thriller novels has enriched my work by providing a fresh perspective on my privacy practice, expanding my knowledge, and keeping me alert to the next wave of issues in an increasingly complex space — a reminder to all lawyers that extracurricular activities can help sharpen professional instincts, says Reece Hirsch at Morgan Lewis.
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What Lawyers Must Know About Calif. State Bar's AI Guidance
Initial recommendations from the State Bar of California regarding use of generative artificial intelligence by lawyers have the potential to become a useful set of guidelines in the industry, covering confidentiality, supervision and training, communications, discrimination and more, say attorneys at Debevoise.
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Industry Must Elevate Native American Women Attys' Stories
The American Bar Association's recent research study into Native American women attorneys' experiences in the legal industry reveals the glacial pace of progress, and should inform efforts to amplify Native voices in the field, says Mary Smith, president of the ABA.
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How Color Psychology Can Help Tell Your Trial Narrative
Research shows that color is a powerful sensory input that affects memory and perception, so attorneys should understand how, when and why to use certain shades in trial graphics to enhance their narrative and draw jurors’ focus, says Adam Bloomberg at IMS Consulting.
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A Look At Mass. Sports Betting Data Privacy Regulations
The Massachusetts Gaming Commission recently approved data privacy regulations under the state's sports wagering act to promote responsible gaming, showing a trend of regulators directing companies on how to protect personal information used by artificial intelligence systems, say Liisa Thomas and Kathryn Smith at Sheppard Mullin.
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Title IX Grievance Rules Raise Due Process Questions
The U.S. Department of Education’s proposed Title IX regulations for campus disciplinary proceedings would ease the administrative burden on institutions, but raise fairness and due process questions that will likely lead to follow-on litigation, say Markus Funk and Christopher Wilkinson at Perkins Coie.
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Understanding Discovery Obligations In Era Of Generative AI
Excerpt from Practical Guidance
Attorneys and businesses must adapt to the unique discovery challenges presented by generative artificial intelligence, such as chatbot content and prompts, while upholding the principles of fairness, transparency and compliance with legal obligations in federal civil litigation, say attorneys at King & Spalding.
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How Employers Should Prep For NLRB, OSHA Collaboration
The National Labor Relations Board and the Occupational Safety and Health Administration’s recent announcement of increased interagency cooperation may suggest that each agency will be expanding its scope of inquiry moving forward, and signals that employers need to be prepared for inspections that implicate both OSHA and NLRB issues, say attorneys at Baker Donelson.
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3 Evolving Issues Shaping The College Sports Legal Playbook
Conference realignment will seem tame compared to the regulatory and policy developments likely to transform college sports in the near future, addressing questions surrounding the employment status of student-athletes, athlete compensation and transgender athletes, say attorneys at O'Melveny.