Employment

  • June 29, 2022

    Uber Drivers' Microsoft BIPA Claims Sent Back To State Court

    An Illinois federal judge on Wednesday severed two claims and remanded them to state court in a lawsuit brought by two Uber drivers accusing Microsoft of violating the state's biometric privacy law.

  • June 29, 2022

    Trenam Law Can't Rep PE Firm In Fight With Ex-CEO

    A Florida appeals court affirmed Wednesday that a Tampa law firm can't represent a private equity company in a suit and countersuit with its shareholder. 

  • June 29, 2022

    11th Circ. Ends Ex-Cop's Case Over Flying Confederate Flag

    The Eleventh Circuit said Wednesday a former Roswell sergeant can't sue the city, its police chief or the city administrator for firing her after she flew a Confederate battle flag at her home while her police cruiser was parked outside.

  • June 29, 2022

    Curaleaf Wants Workers' Stolen Tips Suit To Go Up In Smoke

    Cannabis dispensary Curaleaf Holdings Inc. asked an Illinois federal court to toss claims that it stole the contents of a tip jar, arguing that it never agreed to pay those tips to workers in the first place.

  • June 29, 2022

    3rd Circ. Rules Workers Wrongly Punished Over BLM Masks

    The Third Circuit on Wednesday upheld a ruling that kept a Pittsburgh-area transit agency from enforcing its ban on employees wearing face masks that said "Black Lives Matter," agreeing with a lower court that the prohibition violated workers' First Amendment rights.

  • June 29, 2022

    Boeing Can't Escape Fired Worker's Intentional Distress Claim

    An Illinois federal judge cut most of an ex-Boeing employee's claims that his supervisors terminated him for taking extended disability leave but left Boeing on the hook for his allegation that the company purposely caused emotional distress by stringing him along only to fire him when he tried to return.

  • June 29, 2022

    Feds Scrap Trade Secrets Case Against Ex-ADI Worker's Wife

    Federal prosecutors in Boston dismissed charges against the wife of a former Analog Devices Inc. engineer after the husband largely beat a case alleging he stole company trade secrets to jump-start his own computer chip business.

  • June 29, 2022

    Justices Say Texas Not Immune To Military Discrimination Suit

    The U.S. Supreme Court ruled Wednesday that state employers do not have sovereign immunity to a military anti-discrimination law, reviving a former Texas state trooper's allegations that he was unlawfully forced out of his job due to injuries from his Army service.

  • June 28, 2022

    1st Circ. Affirms Whole Foods Win In Workers' BLM Mask Case

    The First Circuit on Tuesday said a Massachusetts federal court was correct to throw out Whole Foods workers' discrimination claims stemming from the disciplining of employees who wore Black Lives Matter face masks to work, holding there could plausibly be non-race-related reasons for the dress code enforcement.

  • June 28, 2022

    Judge Skeptical Of Sikhs' Suit Over Marine Corps Beard Ban

    Three Sikhs suing to block the Marine Corps from forcing them to shave their beards while in basic training faced strong skepticism on Tuesday after a D.C. federal judge repeatedly suggested the prospective recruits could join other branches of the military that have relaxed boot camp rules.

  • June 28, 2022

    NY Law Firm Beats Malpractice Claim In 'Doxxing' Suit

    A New Jersey federal judge has tossed a legal malpractice claim by an ex-Teamster who accused his union's New York law firm of failing to properly contest his firing from the New York Daily News after a purported left-wing activist exposed his personal information on Twitter to "dox," or harass, him.

  • June 28, 2022

    1st Circ. Sends Union's Pension Dispute To Arbitration

    The First Circuit granted on Tuesday a United Steelworkers local's bid to make National Grid and its benefits committee arbitrate a pension dispute, saying the pension plan's governing documents direct cases like this one to arbitration. 

  • June 28, 2022

    No Escrow Payout For Exec After Trade Secret Conviction

    A Texas drilling executive who was convicted and sent to jail for conspiring to steal trade secrets won't be able to collect his half-million-dollar share of a drilling company he sold to the global engineering firm WS Atkins Inc., after an appeals court in Houston on Tuesday reversed his initial win in a lower court.

  • June 28, 2022

    Airport Workers, Food Provider Ink $1.3M Time Trimming Deal

    Food service workers at Chicago Midway International Airport asked an Illinois federal judge on Tuesday to give an initial green light to a $1.3 million deal brokered with an airport food provider to resolve their proposed class and collective action alleging that the company trimmed hours from workers' timecards.

  • June 28, 2022

    Sens. Ask Minor Leaguers About MLB Antitrust Exemption

    A bipartisan group of senators have sent a letter to an advocacy organization for minor league baseball players asking about how Major League Baseball's century-old exemption from antitrust law has impacted ballplayers in the game's lower professional ranks.

  • June 28, 2022

    Nationals Call Ex-Scout's Suit Over Vax Mandate 'Deficient'

    The Washington Nationals urged a D.C. federal court to dismiss the bulk of a complaint from a fired team scout who refused the COVID-19 vaccine, arguing on Tuesday that the employee's claims of retaliation and disability discrimination are unsupported by facts.

  • June 28, 2022

    11th Circ. Upholds VA's Defeat Of Doctor's Age Bias Suit

    The Eleventh Circuit said Tuesday it won't reopen a doctor's suit alleging that he didn't receive a position with the U.S. Department of Veterans Affairs because of his age, gender and prior employment dispute, ruling he hadn't demonstrated these factors played a part in the VA's decision.

  • July 01, 2022

    One Mystery Word Has Set Off A Race For Rural EB-5 Deals

    As the EB-5 community publicly searches for answers to major questions regarding the law's crucial regional center program, developers behind the scenes are scrambling to line up more rural projects as players speculate about the meaning of a single word buried in a law from earlier this year.

  • June 28, 2022

    McDonald's Defeats Ex-Workers' No-Poach Claims

    An Illinois federal court on Tuesday granted a bid from McDonald's to escape claims from ex-workers over the fast-food chain's alleged past use of no-poach provisions in its franchise agreements, saying there was too much competition for their labor to support an antitrust case.

  • June 28, 2022

    Objector Says $8.4M Uber Misclassification Deal Needs Work

    An objector raised concerns about the contents of an $8.4 million settlement that aims to shutter an Uber driver misclassification suit, arguing that the court should revisit the deal's release terms, its claim valuations and payout methods that burden the class.

  • June 28, 2022

    Ambulance Co. Must Face Death Claim Over Paraplegic's Fall

    An ambulance company can't evade claims it caused the death of a paraplegic man after he fell from one of its stretchers, a Georgia appeals court panel has ruled, saying the wrongful death claims aren't time-barred because they piggyback on negligence claims already filed.

  • June 28, 2022

    Pot Retailer Hit With Overtime Suit

    A marijuana retailer violated the Fair Labor Standards Act by failing to pay an employee overtime for tasks like responding to work inquiries after hours, the worker said in a lawsuit filed in Florida federal court.

  • June 28, 2022

    Constangy Opens NJ Office With Top FordHarrison Atty

    Employment law firm Constangy Brooks Smith & Prophete LLP is expanding its East Coast presence by opening its second New Jersey office and bringing on former FordHarrison LLP partner Salvador Simao to oversee it.

  • June 28, 2022

    NFL Coaches In Race Bias Suit Want Contracts Mostly Public

    Former Miami Dolphins head coach Brian Flores and two other Black coaches suing the NFL and several teams for alleged race discrimination say their employment contracts should not be fully redacted in filings, arguing the public's interest in having open proceedings is "paramount."

  • June 28, 2022

    Cabot Worker Says Merger Should've Triggered Stock Award

    An employee of the former Cabot Oil & Gas Corp. claimed in a lawsuit that the company's 2021 tie-up with Cimarex Energy Co. should have triggered "change-in-control" clauses in a pair of incentive agreements and awarded him 6,100 shares of company stock, according to a complaint filed in Pennsylvania state court.

Expert Analysis

  • Series

    The Future Of Legal Ops: Time To Get Serious About Data

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    Most corporate legal departments collect surface-level data around their operations, such as costs and time to resolution, but legal leaders should explore more in-depth data gathering to assess how effective an attorney was, how efficiently legal work was performed, and more, says Andy Krebs at Intel.

  • Employer Considerations For Leave Donation Programs

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    As the battle for talent continues and workers return to the office, companies may consider allowing employees to donate accrued leave time to a shared bank, but employers should first review these programs' complex design issues to comply with state laws and avoid tax consequences, says Rebecca Hudson at Holland & Hart.

  • Insight Into California's Increasing Cannabis Litigation

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    California's cannabis industry is experiencing a swirl of challenges leading to a rise in cannabis-related litigation ranging from breach of contract claims to employment disputes — but companies can take several steps to avoid these growing pains, say Alexa Steinberg and Steven Stein at Greenberg Glusker.

  • 2 FCA Settlements Highlight Gov't Cyber Liability Focus

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    Recent False Claims Act settlements with Comprehensive Health Care Services and Aerojet Rocketyne illustrate government contractors' growing cybersecurity liability, and underscore how important it is for companies to comply with new incident reporting regulations and live up to standing contractual obligations, say attorneys at O'Melveny.

  • After High Court Ruling, Arbitration May Lose Its Luster

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    The U.S. Supreme Court’s recent decision in Morgan v. Sundance, holding that prejudice is not required to waive a party’s right to arbitration, could make arbitration less desirable for defendants, compelling employers to opt for the predictability, safety and cost-effectiveness of the courts, say attorneys Richard Faulkner and Philip Loree.

  • Opinion

    ABA Isn't Giving Up On Diversity Efforts By Ending CLE Rule

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    While some view the American Bar Association’s elimination of continuing legal education diversity requirements as capitulating to a Florida Supreme Court decision against the mandate, it was a strategic decision to serve Florida members while improving diversity, equity and inclusion efforts in other ways, says Tiffani Lee at Holland & Knight.

  • Tips For Employers Preparing For Del. Family Leave Law

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    The recently passed Healthy Delaware Families Act guarantees paid parental, medical and military leave for private sector workers, so employers should take steps to prepare before the law takes effect in 2026, like identifying covered employees and training management, say Michael Truncellito and Monica Simmons at Buchanan Ingersoll.

  • How To Protect Health Care Trade Secrets With Covenants

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    Post-employment restrictive covenants such as noncompetes are an effective way for health companies to protect confidential information and trade secrets, but employers must be cognizant of the rapidly changing state laws governing the enforceability of such agreements, say Erik Weibust and Katherine Rigby at Epstein Becker.

  • Lateral Candidate Screening Steps To Prevent Bad Behavior

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    Bullying and harassment are among the root causes of stress, anxiety and substance abuse in the legal profession, so law firms should take four actions to effectively screen lateral candidates and ensure they are not recruiting individuals who could jeopardize the well-being of their people, says Michael Ellenhorn at Decipher.

  • Preventing Workplace Violence Is Not Just For The Oscars

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    Will Smith slapping Chris Rock at the Oscars holds important legal lessons for companies seeking to maintain a safe workplace and mitigate liability risk as occupational violence continues to rise, say Sarah Sawyer and Russell Berger at Offit Kurman.

  • A Look At The Legal Profession Since Murder Of George Floyd

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    Little has changed for Black attorneys since law firms promised to combat discrimination within the profession following George Floyd's murder, but on this second anniversary of his death, law firms can recommit by adopting specific strategies that set their Black lawyers up for success, say Lisa Davis and Khasim Lockhart at Frankfurt Kurnit.

  • 5th Circ. Ruling Guides On Noncompete Agreement Timing

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    The Fifth Circuit’s recent decision in Rouses Enterprises v. Clapp, holding that an employment relationship must be official before an employee is required to sign a noncompete agreement, highlights employer best practices for drafting and executing restrictive covenants that are enforceable under varying state laws, says Andrew Albritton at McGlinchey Stafford.

  • Opinion

    NY Ruling Correctly Deems Legal Finance Docs Irrelevant

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    A New York appeals court's recent decision in Worldview Entertainment v. Woodrow joins a growing trend of decisions denying discovery of litigation funding documents, highlighting that commercial legal finance should be treated just like any other financing in commercial litigation, says Andrew Cohen at Burford Capital.

  • 10 Tips For An Effective BYOD And Remote Access Policy

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    Jason Pill at Phelps Dunbar lays out considerations for employee bring-your-own-device and remote access policies, particularly as remote work becomes more common and in light of new standards set by the recently passed Cyber Incident Reporting for Critical Infrastructure Act.

  • Worker Migration Calls For Fla., NY Employment Law Review

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    Newly remote employees who left New York for Florida during the pandemic should consider the applicable state noncompete laws, because restrictive covenants in employment agreements can seriously affect an employee's post-termination options, say Yaniv Adar and Michelle Genet Bernstein at Mark Migdal.

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