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Employment
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March 14, 2024
Phillips, Workers Seek Dueling Wins In $46.5M Wage Fight
Phillips 66 Co. and certified classes of San Francisco and Los Angeles refinery workers fought before a California federal judge Thursday, with each side seeking a win on the workers' wage claims in a $46.5 million dispute over the energy giant's meal-break and time-rounding policies.
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March 14, 2024
Fox News Accused Of Lying About Ukrainian Reporter's Death
The parents of a Ukrainian journalist who died while reporting on Russia's invasion of her homeland sued Fox News on Thursday in New York state court, saying the network is trying to conceal its responsibility for the death of their daughter and shifting blame to a security adviser.
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March 14, 2024
CFTC Awards $1.3M To Whistleblower With Compliance Duties
The Commodity Futures Trading Commission announced Thursday that it has awarded roughly $1.25 million to a whistleblower who the agency said is the first to use a safe harbor provision for whistleblowers who serve in a firm's internal compliance or audit function.
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March 14, 2024
Petco's $445K BIPA Deal Gets Initial OK
An Illinois federal judge granted preliminary approval Thursday to a $445,000 settlement between Petco and 445 warehouse workers who accused the pet supply chain of unlawfully capturing, storing and using their voiceprints through headsets they used to navigate work tasks.
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March 14, 2024
Foul-Language Row Met With Fowl Metaphors In Court Showdown
An attorney for Welch Foods hatched a flock of duck-related metaphors Thursday during an oral argument over whether a male ex-worker's vulgar comments to a female coworker amounted to sexual harassment, and if an arbitrator had been wrong to reinstate the ex-worker despite the facts before her.
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March 14, 2024
Fired SoCal Edison Workers Drop Blacklist Suit Without Deal
A group of former Southern California Edison utilities line designers summarily dropped their California federal court lawsuit against the utility, dismissing claims that their new company was hurt by policies declaring certain terminated employees persona non grata on distribution line extension projects in company territory.
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March 14, 2024
Dallas Hospital Says Woman Wasn't Fired For Blowing Whistle
Methodist Hospital of Dallas says it didn't retaliate against an employee who accused the hospital of undercounting patients who acquired conditions while hospitalized, asking a federal judge Wednesday to rule that it followed the Texas Health and Safety Code.
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March 14, 2024
Denver DA Settles Ex-Deputy's Gender Pay Discrimination Suit
The Office of the Denver District Attorney has settled a Colorado state court lawsuit with one of its former prosecutors, who alleged she was paid less than her male colleagues in similar roles, and the office disclosed Thursday it agreed to pay the attorney $7,500 to resolve the dispute.
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March 14, 2024
DraftKings' Employment Feud With Former VP Heats Up
The battle between DraftKings and one of its former vice presidents intensified in Massachusetts federal court Thursday, with the online sportsbook sharpening its allegations of corporate espionage and the erstwhile executive calling to wipe out the suit entirely.
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March 14, 2024
NC Tells Appeals Court Worker Was Transferred, Not Demoted
The state of North Carolina has asked a state appeals court to uphold a state agency's determination that a Department of Health and Human Services employee was not unlawfully demoted, arguing that the facts indicate that the worker was merely reassigned.
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March 14, 2024
Wash. Supreme Court Again Backs State's Fair Wage Law
The Washington State Supreme Court has again upheld the state's updated prevailing wage law for public works projects, ruling Thursday that there was no problem with regulators using collective bargaining agreements across county lines to set wage standards.
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March 14, 2024
Black Worker Denied Reinstatement In Dreadlock Bias Suit
An Alabama federal judge denied Thursday a Black former mail clerk's request that she be given her old job back after an $800,000 jury verdict finding a staffing agency fired her for complaining about biased hairstyle policies, saying that returning to a temporary gig wouldn't make sense.
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March 14, 2024
Mass. High Court Says Tufts Win In Tenure Case 'Premature'
Tenured professors at Tufts University whose salaries were slashed under a newly enacted requirement that they bring in at least half their income through research grants will have another chance to prove those pay cuts undermine academic freedom, Massachusetts' highest court said Thursday.
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March 14, 2024
Colorado Truckers Too Few, Too Local For Class Treatment
A group of truck drivers who allege they were denied adequate overtime or meal and rest breaks cannot pursue their claims as a unified class, as a Colorado federal judge ruled that they were too few in number and too easy to contact to justify consolidation.
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March 14, 2024
NLRB Certifies Dartmouth Men's Basketball Player Union
Dartmouth College must bargain with its men's basketball team after the National Labor Relations Board certified the players' recent landmark vote to unionize with the Service Employees International Union on Thursday, but a legal challenge looms.
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March 14, 2024
Water Treatment Co. Must Face Rival's Trade Secrets Suit
A Tennessee federal judge has found that certain issues in a trade secrets suit against industrial water treatment service company ChemTreat need to go before a jury, shooting down arguments including that no trade secret was adequately identified.
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March 14, 2024
Ex-Mechanic, Trucking Co. Reach Deal In OT Suit
A former employee and a transportation company told a Georgia federal judge they have reached a deal to end the worker's lawsuit alleging he was misclassified as an independent contractor and shorted overtime wages, saying he will recover all of his missing pay under the settlement.
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March 14, 2024
Security Guards Score $132K Win In Drawn-Out Wage Suit
A Georgia security company must pay nearly $132,000 to four guards for years of unpaid overtime wages and retaliation after the company failed for years to respond to its workers' class action according to a Peach State federal judge's ruling.
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March 14, 2024
University Must Face Softball Coach's Pay Bias Claims
A Hawaii federal judge wouldn't entirely toss a female university softball coach's wage inequality suit against the school, ruling the two male coaches she referenced as being paid more for the same job cast doubt on the university's claim she was paid fairly.
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March 14, 2024
NY High Court Says Out-Of-State Applicants Can Sue For Bias
New York's highest court ruled Thursday that nonresidents who were denied employment in the state can bring claims under New York City and state anti-discrimination laws, settling a question that lower courts have long struggled with.
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March 14, 2024
Union Member Sues UNITE HERE Over Massive Data Breach
A Detroit-based UNITE HERE member has sued the union in New York federal court on behalf of a proposed class of current and former members, alleging the union acted negligently and breached an implied contract by failing to prevent a data breach that affected nearly 800,000 people.
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March 14, 2024
NBA Ref Fired Over COVID Vax Refusal Can Get Benefits
A Manhattan federal court ruled that an NBA referee who was fired for refusing to get the COVID-19 vaccine for religious reasons can get his retirement benefits, rejecting the league's contention that the prospect of his reemployment made him ineligible.
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March 14, 2024
2nd Circ. Backs Health System's Win In COVID Vax Bias Suit
The Second Circuit declined Thursday to reopen a former NYC Health and Hospitals employee's suit alleging he was fired because he refused to get the COVID-19 vaccine in accordance with his Christian beliefs, saying his new arguments on appeal can't be considered.
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March 14, 2024
2nd Circ. Keeps COVID Furloughs Suit Out Of Arbitration
Three former Four Seasons hotel employees' yearslong COVID-related furloughs don't fall under their employment agreements and are therefore not arbitrable, the Second Circuit ruled, affirming a lower court's decision keeping the workers' suit in court.
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March 14, 2024
Dinsmore Adds Ex-Lewis Brisbois Employment Pro In LA
Dinsmore & Shohl LLP has expanded its West Coast team, bringing in a former Lewis Brisbois Bisgaard & Smith LLP labor and employment expert as a partner in its Los Angeles office while also adding three associates, the firm announced Wednesday.
Expert Analysis
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7 Common Myths About Lateral Partner Moves
As lateral recruiting remains a key factor for law firm growth, partners considering a lateral move should be aware of a few commonly held myths — some of which contain a kernel of truth, and some of which are flat out wrong, says Dave Maurer at Major Lindsey.
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NYC Workplace AI Regulation Has Been Largely Insignificant
Though a Cornell University study suggests that a New York City law intended to regulate artificial intelligence in the workplace has had an underwhelming impact, the law may still help shape the city's future AI regulation efforts, say Reid Skibell and Nathan Ades at Glenn Agre.
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Series
Cheering In The NFL Makes Me A Better Lawyer
Balancing my time between a BigLaw career and my role as an NFL cheerleader has taught me that pursuing your passions outside of work is not a distraction, but rather an opportunity to harness important skills that can positively affect how you approach work and view success in your career, says Rachel Schuster at Sheppard Mullin.
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Args In APA Case Amplify Justices' Focus On Agency Power
In arguments last week in Corner Post v. Federal Reserve, the U.S. Supreme Court justices paid particular importance to the possible ripple effects of their decision, which will address when a facial challenge to long-standing federal rules under the Administrative Procedure Act first accrues and could thus unleash a flood of new lawsuits, say attorneys at Snell & Wilmer.
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Mitigating Whistleblower Risks After High Court UBS Ruling
While it is always good practice for companies to periodically review whistleblower trainings, policies and procedures, the U.S. Supreme Court’s recent whistleblower-friendly ruling in Murray v. UBS Securities helps demonstrate their importance in reducing litigation risk, say attorneys at Arnold & Porter.
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Using Arbitration And Class Waivers As Privacy Suit Tools
Amid a surge in data breach class actions over the last few years, several federal court decisions indicate that arbitration clauses and class action waiver provisions can be possible alternatives to public court battles and potentially reduce the costs of privacy litigation, say Mark Olthoff and Courtney Klaus at Polsinelli.
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Future Not Looking Bright For Calif. Employee Nonsolicits
California's new legislation imposing potentially harsh consequences on employers for attempting to enforce noncompetes raises questions about the fate of employee nonsolicitation agreements — and both federal and state court decisions suggest the days of the latter may be numbered, say Anthony Oncidi and Philippe Lebel at Proskauer.
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6 Pointers For Attys To Build Trust, Credibility On Social Media
In an era of information overload, attorneys can use social media strategically — from making infographics to leveraging targeted advertising — to cut through the noise and establish a reputation among current and potential clients, says Marly Broudie at SocialEyes Communications.
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Del. Ruling Stands Out In Thorny Noncompete Landscape
In Cantor Fitzgerald v. Ainslie, the Delaware Supreme Court last month upheld the enforceability of forfeiture-for-competition provisions in limited partnership agreements, providing a noteworthy opinion amid a time of increasing disfavor toward noncompetes and following a string of Chancery Court rulings deeming them unreasonable, say Margaret Butler and Steven Goldberg at BakerHostetler.
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Class Actions At The Circuit Courts: February Lessons
In this month's review of class action appeals, Mitchell Engel at Shook Hardy discusses five notable circuit court decisions on topics from property taxes to veteran's rights — and provides key takeaways for counsel on issues including class representative intervention, wage-and-hour dispute evidence and ascertainability requirements.
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A Post-Mortem Analysis Of Stroock's Demise
After the dissolution of 147-year-old firm Stroock late last year shook up the legal world, a post-mortem analysis of the data reveals a long list of warning signs preceding the firm’s collapse — and provides some insight into how other firms might avoid the same disastrous fate, says Craig Savitzky at Leopard Solutions.
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Reassessing Trade Secrets Amid Proposed Noncompete Ban
The Federal Trade Commission's proposed ban on noncompete agreements as well as state bans make it prudent for businesses to reevaluate and reinvigorate approaches to trade secret protection, including knowing what information employees are providing to vendors, and making sure confidentiality agreements are put in place before information is shared, says Rob Jensen at Wolf Greenfield.
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NYC Cos. Must Prepare For Increased Sick Leave Liability
A recent amendment to New York City's sick leave law authorizes employees for the first time to sue their employers for violations — so employers should ensure their policies and practices are compliant now to avoid the crosshairs of litigation once the law takes effect in March, says Melissa Camire at Fisher Phillips.
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Employer Best Practices In Light Of NY Anti-Trans Bias Report
A recent report from the New York State Department of Labor indicates that bias against transgender and nonbinary people endures in the workplace, highlighting why employers must create supportive policies and gender transition plans, not only to mitigate the risk of discrimination claims, but also to foster an inclusive work culture, says Michelle Phillips at Jackson Lewis.
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Considering The Logical Extremes Of Your Legal Argument
Recent oral arguments in the federal election interference case against former President Donald Trump highlighted the age-old technique of extending an argument to its logical limit — a principle that is still important for attorneys to consider in preparing their cases, says Reuben Guttman at Guttman Buschner.