Employment

  • August 29, 2022

    Koster Brady Liability Attys Join Hall Booth

    A team of attorneys who all previously worked at the New York boutique firm Koster Brady & Nagler LLP have moved to Hall Booth Smith PC to help launch a general liability practice group, the firm recently announced.

  • August 29, 2022

    NLRB Boosts Scrutiny Of Union Apparel Bans

    The National Labor Relations Board issued its first precedent-shifting ruling of the Biden administration Monday, holding in a split decision that employers violate federal labor law by barring workers from wearing pro-union buttons or other apparel without good reasons.

  • August 29, 2022

    11th Circ. OKs Tossing Ex-DOD Worker's Accommodation Suit

    The Eleventh Circuit wouldn't revive an ex-Department of Defense commissary worker's suit alleging that the department wouldn't allow her to transfer to another work site due to problems with her supervisor, ruling that reassignment due to an allegedly hostile work environment was not a reasonable request. 

  • August 29, 2022

    More Time Needed To Address Tegna Deal Worries, Critics Say

    Two broadcast unions are pushing the Federal Communications Commission to extend the review period for Tegna's proposed plan to go private in an $8.6 billion deal with hedge fund Standard General, arguing that more time is needed to assess any conditions imposed on the deal to mitigate possible harm to the public interest.  

  • August 26, 2022

    FedEx Says Contractor Profits From False, Snide Comments

    The owner of several FedEx delivery contractors has orchestrated a smear campaign against the delivery behemoth to pressure it into raising contractors' compensation and drive business to his consultancy firm, according to a lawsuit filed Friday in Tennessee federal court.

  • August 26, 2022

    11th Circ. Narrows But Keeps Contractor Vax Mandate Block

    A split Eleventh Circuit on Friday shrank but did not dissolve a bar on the Biden administration's COVID-19 vaccine mandate for federal contractors, saying a nationwide injunction was too broad but that states challenging the mandate were ultimately likely to succeed.

  • August 26, 2022

    Judge Rejects Ark. Truckers' $4.75M Underpaid Wage Deal

    An Arkansas federal judge rejected a proposed $4.75 million settlement over claims that a trucking firm paid its workforce below the minimum wage, holding that a claims release clause was too broad to permit the deal to proceed.

  • August 26, 2022

    Employment Authority: Fla. Law Obscures Anti-Bias Trainings

    Law360 Employment Authority covers the biggest employment cases and trends. Catch up this week with insight from attorneys on how Florida's embattled Stop WOKE Act could hinder employers' anti-bias trainings in the workplace, tips on how to identify which kinds of commission-based employees are overtime-exempt and a glimpse into how unions are looking to team up with video game employees to tamp down on toxic work cultures. 

  • August 26, 2022

    DC Circ. Won't Force OSHA To Issue COVID Health Safety Rule

    The D.C. Circuit on Friday denied a petition by a group of nurses unions to order the U.S. Department of Labor to make permanent the agency's emergency temporary standard, or ETS, which laid out protections for health care workers during the COVID-19 pandemic.

  • August 26, 2022

    Law Firm Defeats Worker's Pregnancy Bias Suit, For Now

    A Florida federal judge dismissed a former law firm employee's suit alleging she was fired for requesting to work from home to handle pregnancy complications, ruling that she failed to support her claims with more detail, while still leaving a door open for the suit's potential revival.

  • August 26, 2022

    Pa. Medical Center Gets Ex-Workers' Vax-Or-Test Suit Tossed

    A Pennsylvania federal judge on Friday tossed a proposed class action by former employees against a regional health care provider accusing it of unlawfully firing them after they refused to either get a COVID-19 vaccine or submit to regular testing, unconvinced by their "anti-vaccine hocus-pocus" evidence.

  • August 26, 2022

    ThedaCare Must Face Pared-Down Retirement Plan Fee Suit

    A Wisconsin federal judge has trimmed a proposed class action accusing a health care network of letting workers who keep money in its $612 million employee retirement plan pay too much in fees, tossing an allegation that the network didn't give workers enough information about the fees.

  • August 26, 2022

    VA Must Face Tenn. Social Worker's Race Bias Claims

    The U.S. Department of Veterans Affairs can't avoid claims it demoted a social worker because she's a Black woman and then denied her promotions after she complained, a Tennessee federal judge ruled, finding she had exhausted her administrative remedies before filing suit.

  • August 26, 2022

    Ex-Nets Player Pleads Out In NBA Health Care Fraud Dragnet

    Former NBA player Terrence Williams on Friday admitted his role in a $4 million scheme with other former pro basketball players to defraud the league's health care benefits plan by submitting claims for non-existent medical and dental treatments.

  • August 26, 2022

    More Than 60 Legal Vets Support Suspended Fla. Prosecutor

    More than 60 current and former prosecutors, attorneys general, judges, U.S. attorneys and federal officials on Friday urged a Florida federal court to rescind Florida Gov. Ron DeSantis' removal of a state attorney after he pledged not to use his resources to enforce abortion bans or laws targeting transgender people.

  • August 26, 2022

    Pa. Newspaper Denies Obligation To Cover Health Costs

    The Pittsburgh Post-Gazette urged a Pennsylvania federal judge to shoot down four unions' motion for an injunction that would force the newspaper to cover workers' health insurance premium increases, disputing the argument that it is contractually obligated to make the payments.

  • August 26, 2022

    Michigan Chipotle Workers Vote To Unionize In Company First

    Workers at a Chipotle Mexican Grill in Lansing, Michigan, voted in favor of union representation Thursday, making them the first group of employees at the fast-casual restaurant chain to do so.

  • August 26, 2022

    Bloomberg Dodged OT Despite Past $3M Settlement, Suit Says

    Bloomberg LP failed to pay its employees overtime despite settling a $3 million lawsuit two years ago that challenged the company's pay practices, a former human resources employee said in a proposed class and collective action in New York federal court.

  • August 26, 2022

    ExpressJet Lands Ch. 11 OK For Key Worker Pay Plan

    Bankrupt regional carrier ExpressJet Airlines LLC landed a fast-tracked Delaware bankruptcy court approval Friday for up to $450,000 in key employee retention bonuses, telling a judge it faces potentially disastrous worker defections without authorization to supplement their pay.

  • August 26, 2022

    Pa. Court OKs FLSA Collective For Kings Restaurant Workers

    A federal judge approved a Fair Labor Standards Act collective of more than 400 current and former servers at a Pennsylvania restaurant chain who claim they were underpaid when spending parts of their shifts on work that didn't earn tips.

  • August 26, 2022

    Workers' Comp Claim Belongs In Court, Miss. Justices Say

    A man may sue his former employer and its insurer for bad faith related to a now-settled claim for workers' compensation, the Mississippi Supreme Court said, finding that the state's trial court has jurisdiction to hear the case after the prior settlement.

  • August 26, 2022

    Comcast, Former Technician Settle Age Bias Suit

    Comcast and a former network technician agreed to end his age bias suit in Illinois federal court claiming he was wrongly blamed for misconduct and then fired, telling the court they had settled the matter.

  • August 26, 2022

    Highmark Win Preserved In 'Whistleblower' Firing Case

    In a precedential ruling Friday, the Third Circuit upheld the dismissal of a former Highmark employee's lawsuit over his alleged retaliatory firing for whistleblowing, holding that his reporting of purported fraud at the company did not protect him from being terminated for harassment.

  • August 26, 2022

    Boston Ascend Dispensary Workers Vote For Teamsters

    A Teamsters local announced on Thursday that the workers at Ascend Wellness Holdings Inc.'s Boston cannabis dispensary voted to be represented by the union.

  • August 25, 2022

    Hedge Fund Founder Och Sues Over CEO's 'Escalating' Pay

    Billionaire Daniel S. Och and other founding members of Sculptor Capital Management Inc. have hit the hedge fund with a lawsuit in Delaware Chancery Court, demanding its records and accusing the firm of awarding its CEO James Levin "ever-escalating" nine-figure pay packages despite the fund's lackluster performance.

Expert Analysis

  • Prep For Possibility Of Virtual I-9 Exams Post-Pandemic

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    As the U.S. Department of Homeland Security considers making pandemic-related policies permanent, including flexibilities on remote employment eligibility verification, now is the time for employers to audit COVID-19 form I-9 practices and correct any missteps, says Margarita Krncevic at Benesch.

  • 2 Recent Decisions Highlight Ambiguity As FCA Defense

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    Recent federal appellate decisions in Schutte v. SuperValu and Sheldon v. Allergan, solidifying an objectively reasonable reading of a statute or regulation as a defense to False Claims Act liability, will make it easier for defendants to obtain early dismissal in run-of-the-mill cases and limit discovery costs in others, says Elisha Kobre at Bradley.

  • Litigation-Ready Caveats For Stock And Asset Purchase Deals

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    Brett Garver and Kelly Schneid at Moritt Hock explore the representations and warranties, post-closing adjustments, arbitration clauses and other provisions that have become more indispensable in pandemic-era post-closing litigation in stock and asset purchase deals.

  • Key Trade Secret Developments Of 2021: Part 2

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    Last year, federal courts issued several important rulings on trade secret issues, including the standard for pleading under the Defend Trade Secrets Act, whether entry of a preliminary injunction stops the accrual of damages, and how nondisclosure agreement survival clauses limit confidentiality obligations, say attorneys at Faegre Drinker.

  • How To Navigate Equity Rollovers In A Tight M&A Market

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    As heavy competition for acquisition targets allows buyers to be more flexible in fulfilling their desire for management to roll equity and invest with them, businesses should be mindful that equity rollover transactions, which take many forms, also require thorough review as part of the overall transaction assessment, says Joshua Klein at Neal Gerber.

  • The Flaws In The Traditional Approach To Hiring A Law Firm

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    Trevor Faure at Smarter Law Solutions and Gregory Richter at Major Lindsey offer an inside look at Teva Pharmaceuticals' recent overhaul of its law firm relationships through anonymous grading, and discuss how the company’s surprising findings on the correlation between quality and cost reveal shortcomings in traditional business development.

  • Aviation Ready To Rise In 2022, But Expect Some Turbulence

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    After the storms of the last two years, the aviation industry is poised to regain altitude in 2022 — but it must navigate financial, staffing and supply chain challenges, while staying vigilant on the cybersecurity front and steering toward a greener future, say Kevin Lewis and Bart Biggers at Sidley.

  • A Comparison Of High Court Rulings On Vaccine Mandates

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    Attorney Philip Howe examines and compares two Supreme Court decisions from January — one striking down a temporary emergency standard requiring vaccines or weekly testing for employees, while another affirmed a vaccine requirement for certain health workers.

  • Keys To Keeping Law Firm Talent Amid The Great Resignation

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    With employees leaving their jobs at an unprecedented pace during the "Great Resignation," law firm leaders looking to retain associates and professional staff need to operate with emotional intelligence, talk about failures openly and take the time to offer frequent feedback, says Dorianna Phillips at Lane Powell.

  • How New NY Law Broadens Scope Of Party Admissions

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    A long-overdue new law in New York, which supplants the speaking-agent hearsay exception and substantially broadens the scope of party admissions in the state, fundamentally alters over a century of evidentiary jurisprudence, and should guide employer training and attorneys’ selection of forum, say Jonathan Lupkin at Lupkin and Brian Hoffman at Wollmuth Maher.

  • NY Rulings Show How Reasonable Noncompetes Work In M&A

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    Recent decisions from a New York appellate court confirm that when the seller or owner of a business goes to work for a buyer following the sale, New York courts will enforce reasonable noncompetes and other restrictive covenants that take effect after the seller's employment terminates, say John Chun and Beth Khinchuk at Herrick Feinstein.

  • Strategies For Coping With Stress In The Legal Profession

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    Attorneys should explore certain fast, accessible strategies for stress management, as unexpected stressors from work obligations increase at the beginning of the year and are only heightened by improvements in technology and an accelerated flow of communication, says David Kouba at Arnold & Porter.

  • How AI Can Transform Crisis Management In Litigation

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    Attorneys should understand how to use rapidly advancing artificial intelligence technology to help clients prepare for potential catastrophic events and the inevitable litigation arising from them, from predicting crises before they occur to testing legal theories once they arise, say Stratton Horres at Wilson Elser and David Steiger.

  • OSHA Case Shows Fluidity Of Major Questions Doctrine

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    Contrary to U.S. Supreme Court Justice Neil Gorsuch's assertion, the major questions doctrine on court deference to agency statutory interpretations is actually quite murky, as seen in its recent application in the National Federation of Independent Business' case challenging the Occupational Safety and Health Administration’s vaccinate-or-test mandate at the high court, says Andrew Michaels at the University of Houston Law Center.

  • What Experts, Attys Must Know About Psychological Injuries

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    As the ongoing litigation between Kobe Bryant's widow and Los Angeles County illustrates, there are many forms of psychological injury that can have serious impacts — so mental health experts and attorneys must be precise when discussing these matters in court, says Prudence Gourguechon, a clinical psychiatrist and professional psychiatric expert witness.

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