Employment

  • July 21, 2021

    US Grants Mexico $10M To Help Resolve Labor Fights

    The U.S. Department of Labor announced Tuesday that the Bureau of International Labor Affairs will direct $10 million in funding to aid the resolution of labor disputes in Mexico through conciliation mechanisms, including arbitration.

  • July 21, 2021

    Rite Aid And Workers Duel For Future Of Uniform Class Action

    Rite Aid is sparring in a California federal court with a class of 26,000 workers fighting for damages over the company's alleged policy of making employees purchase their own uniforms, with the sides arguing in opposing motions over whether the class's expert evidence should give the workers an early win or cost them their certification.

  • July 21, 2021

    Senate Finance Committee To Discuss Retirement Legislation

    The Senate Finance Committee will hold a meeting July 28 to discuss possible retirement legislation, according to a Wednesday announcement.

  • July 21, 2021

    New Jersey Cases To Watch In 2021: A Midyear Report

    The New Jersey legal industry is poised to receive guidance on arbitration, discovery and litigation time limits as they apply to employment law thanks to cases that advanced during the first half of 2021, including a former state official's whistleblower lawsuit over COVID-19 testing and gender discrimination claims against Fox Rothschild LLP.

  • July 21, 2021

    Winston & Strawn Joins NCAA NIL Case After High Court Win

    Jeffrey Kessler, Winston & Strawn LLP's co-executive chair who recently argued college athletes' winning U.S. Supreme Court case against the NCAA, is again teaming up with Hagens Berman Sobol Shapiro LLP in ongoing class claims challenging the organization's name, image and likeness rules.

  • July 21, 2021

    DOL Proposes $15 Minimum Wage Rule For Fed. Contractors

    Federal contractors are poised to get a $15 minimum wage after the U.S. Department of Labor announced a proposed rule Wednesday to follow through on a presidential executive order that called for a pay bump for those workers.

  • July 20, 2021

    Postmates Can't Send Calif. Wage Suit To Arbitration

    Postmates Inc. couriers do not have to arbitrate their wage claims against the on-demand delivery company, a California appeals court ruled, finding Tuesday there is ample precedent opposing Postmates' argument that arbitration agreements preclude Private Attorneys General Act claims.

  • July 20, 2021

    FedEx Workers Seek To Certify 60K Class Over Screenings

    Proposed classes of FedEx packing center employees numbering as high as 59,800 sought certification on Monday over unpaid time from undergoing the company's daily security screening process, arguing that even after the company changed its policies, it still wrongly calculated the extra pay.

  • July 20, 2021

    5th Circ. Mulls 'Employee' Definition In $3.8M Insurance Fight

    A Fifth Circuit panel questioned Tuesday whether it could parse the meaning of "employee" under Texas' anti-indemnity statute or if it should send the question to the Texas Supreme Court, in an appeal seeking to reinstate a crane company's lawsuit over a $3.8 million litigation bill.

  • July 20, 2021

    BofA Hit With Suit Over Frozen Calif. Unemployment Benefits

    Bank of America was hit Tuesday with a proposed class action from California residents who allege the bank denied them access to their unemployment benefits in 2020 after a series of hacks targeted bank-issued Employment Development Department cards and accounts.

  • July 20, 2021

    McDonald's Loses Bid To Ax Workers' $500M Sex Bias Suit

    McDonald's must continue battling it out with a pair of women accusing the fast food giant of fostering a hostile work environment in its corporate-owned Florida restaurants, an Illinois federal judge ruled Tuesday, finding that the women have sufficiently alleged violations of Title VII and the Florida Civil Rights Act.

  • July 20, 2021

    COVID Vax Requirement Flouts Labor Contract, Teamsters Say

    An employer's policy requiring workers to receive the COVID-19 vaccine before returning to in-person work or face disciplinary procedures violates workers' collective bargaining agreements, a local Teamsters chapter said Monday in a lawsuit brought against one of the country's largest labor health care funds.

  • July 20, 2021

    Cognizant Tells Court FCA Suit Over Worker Visas Falls Short

    Cognizant Technology Solutions Corp. on Tuesday urged a New Jersey federal court to toss a False Claims Act lawsuit alleging it defrauded the federal government's worker visa program, arguing that the complaint lacked any allegation that the government was deprived of money or property.

  • July 20, 2021

    9th Circ. Won't Review Virgin Flight Attendants' Wage Ruling

    The full Ninth Circuit won't reconsider a panel ruling that upheld most of a $77 million win by flight attendants against Virgin America by holding that federal aviation laws don't preempt California break requirements, while also backing the airline's block-time pay policy, the court said Tuesday.

  • July 20, 2021

    UNC Launches First College Athlete Group Licensing Program

    The University of North Carolina said Tuesday it is partnering with marketing and licensing agency The Brandr Group in what is believed to be the first group licensing program for college athletes, allowing them to profit from their names on Tar Heels jerseys and potentially video games.

  • July 20, 2021

    Ex-Boies Schiller Legal Assistant Takes Appeal Off The Table

    A former Boies Schiller Flexner LLP legal assistant said Tuesday she won't appeal after her suit alleging she was fired due to her age and disability was cut down last month when a Florida federal judge found she didn't prove her disability bias claim and made procedural missteps.

  • July 20, 2021

    Soccer League Tells 9th Circ. Age Limit Is Pro-Gender Equity

    The National Women's Soccer League told the Ninth Circuit on Monday that a court order blocking it from enforcing age restrictions against 15-year-old soccer prodigy Olivia Moultrie "perversely" requires it to obey rules set by a men's league under the guise of gender equity.

  • July 20, 2021

    Ga. Appeals Court Judge Tapped To Fill Supreme Court Slot

    Georgia Court of Appeals Judge Verda Colvin will join the Georgia Supreme Court, filling an opening left by former Chief Justice Harold D. Melton, Gov. Brian Kemp announced Tuesday.

  • July 20, 2021

    Insurer Wants Out Of Holiday Inn Owner's BIPA Violation Suit

    Aspen Specialty Insurance asked an Illinois federal judge to clear it from an underlying action accusing a Holiday Inn franchisee of improperly collecting employees' biometric data, saying the policy's exclusions bar coverage.

  • July 20, 2021

    NH Dems Say Immunity Claim Overblown In Virtual Voting Suit

    New Hampshire Democrats told the full First Circuit on Monday that the state's Republican House speaker is wrongly claiming "absolute" legislative immunity to avoid allegations he violated federal disability laws by not letting lawmakers cast votes virtually during the pandemic.

  • July 19, 2021

    Walmart Applicant Says Criminal Check System Discriminates

    A Brooklyn woman hit Walmart with a proposed class action in New Jersey federal court on Monday alleging it unlawfully discriminates against applicants with criminal backgrounds through broad screenings that don't consider evidence of rehabilitation, a practice she says disproportionately harms Black and Latino applicants.

  • July 19, 2021

    Fox News Contributor Settles Suit Alleging Crude Texts

    Fox News contributor Brittany McHenry reached a settlement and agreed to leave the network Monday, roughly seven months after a New York federal court allowed her to proceed with many of her sexual harassment claims over allegedly crude, sexually charged texts sent by commentator George Murdoch.

  • July 19, 2021

    Gag Order Issued On NFL Concussion Race-Norming Talks

    A Pennsylvania federal magistrate judge has issued a gag order telling the NFL, concussion class counsel Chris Seeger of Seeger Weiss LLP and former players' attorneys from Zuckerman Spaeder LLP not to discuss the status of mediation on ending the controversial use of race-based norms in cognitive testing in the NFL's concussion settlement.

  • July 19, 2021

    Ex-Jackson Hewitt Workers Blast Ongoing 'No-Poach Culture'

    Jackson Hewitt still has a "culture" where the company and its franchisees unlawfully promise not to compete for workers despite having agreed to remove written "no-poach" clauses from franchise contracts, former tax preparers told a New Jersey federal court in seeking to expand the time period of their proposed consolidated class action.

  • July 19, 2021

    Garland Urged To Bring Charges After Nassar FBI Report

    Sen. Chuck Grassley, R-Iowa, has asked Attorney General Merrick Garland to consider prosecuting the former president of USA Gymnastics and FBI agents who allegedly made false statements to hide their botched investigation into team doctor Larry Nassar's pattern of sexual abuse.

Expert Analysis

  • 5 Tips To Help Your 2021 Summer Associates Succeed

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    Despite pandemic-related challenges this year, law firms can effectively train summer associates on writing and communicating — without investing more time than they ordinarily would, says Julie Schrager at Schiff Hardin.

  • Weighing Ability To Pay Criminal Fines Amid FCPA Crackdown

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    As Foreign Corrupt Practices Act enforcement is expected to increase under the Biden administration, companies facing scrutiny should assess the reasonableness of fines in the context of their capacity to continue operations, and the potential impacts of filing an inability-to-pay claim, say analysts at Charles River Associates.

  • Pa. Tax Talk: Takeaways From 2 Commonwealth Court Rulings

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    A Pennsylvania appellate court's recent decision in Good Shepherd Rehabilitation v. Allentown sets a positive precedent for other nonprofits subject to Allentown's aggressive tax position, and its recent decision in Mandler v. Commonwealth offers a reminder that some taxes, including payroll withholding taxes, are never dischargeable in bankruptcy, says Jennifer Karpchuk at Chamberlain Hrdlicka.

  • Firms Should Use Surveys To Make Smart Legal Tech Choices

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    The utility of legal technology innovations may be limited without clear data and objectives from the outset, but targeted surveys can provide specific insights that enable law firms to adopt the most appropriate and efficient tech solutions, says Tim Scott at Frogslayer.

  • Mass. Ruling Highlights Exec Employment Pact Pitfalls

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    A Massachusetts court’s recent decision that a job offer letter was not enforceable as a contract in Moore v. LGH Medical reminds employers and executives to avoid reliance on ambiguous representations in written or oral negotiations, say Brian MacDonough and Nancy Shilepsky at Sherin and Lodgen.

  • Don't Forget Due Diligence In Race For Lateral Associate Hires

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    Amid high demand for associates and aggressive competition to attract talent, law firms should take three key steps to conduct meaningful prehire due diligence and safeguard against lateral hiring mistakes that can hurt their revenue and reputation, says Michael Ellenhorn at Decipher.

  • China Trade Secret Ruling Shows US Cos. Path To Protection

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    The high court of China recently upheld a record $25 million award against Wanglong Group for theft of vanillin trade secrets, joining several pro-plaintiff legal developments that illustrate why U.S. companies should utilize the jurisdiction when suing Chinese defendants, say attorneys at Winston & Strawn and YuandaWinston.

  • 2 Paths To Green Cards For Employment-Based Immigrants

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    In light of immigration policy changes by the Biden administration and pandemic-related consular processing delays, Cynthia Perez and Douglas Halpert at Hammond Neal lay out the pros and cons of two procedural paths to lawful permanent resident status for employment-based immigrants.

  • Addressing Environmental Justice As Part Of ESG Initiatives

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    Recent calls for racial equity and government regulators' increasing focus on social and environmental concerns make this a good time for companies to integrate environmental justice into their environmental, social and governance efforts, say Stacey Halliday and Julius Redd at Beveridge & Diamond, and Jesse Glickstein at Hewlett Packard.

  • Lessons In Civility From The Alex Oh Sanctions Controversy

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    Alex Oh’s abrupt departure from the U.S. Securities and Exchange Commission and admonishment by a D.C. federal judge over conduct in an Exxon human rights case demonstrate three major costs of incivility to lawyers, and highlight the importance of teaching civility in law school, says David Grenardo at St. Mary's University.

  • Maritime Worker Injury Claims After 5th Circ. Welder Ruling

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    While the Fifth Circuit recently held in Sanchez v. Smart Fabricators that an injured offshore welder could not pursue damages under the Jones Act, certain maritime workers may be able to pursue comparative claims under a longshoremen workers' compensation statute or the Sieracki doctrine, says Grady Hurley at Jones Walker.

  • Opinion

    Biz Record Admissibility Rule Must Adapt To An ESI World

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    The federal rule that permits the use of business records as evidence must be amended to address the unreliability of electronically stored information and inconsistent court frameworks on email admissibility, say Josh Sohn and Nadia Zivkov at Stroock.

  • Pandemic-Era Jury Trial Innovations May Be Here To Stay

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    Many jurisdictions are resuming in-person jury trials, but certain technology-enabled efficiencies could outlast the pandemic and represent lasting changes for the way pretrial proceedings and courtroom presentations take place, says Stuart Ratzan at Ratzan Weissman.

  • Pa. Justices' Ruling Presents Big Hurdles For No-Poach Pacts

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    The Pennsylvania Supreme Court’s recent opinion that an employer no-poach agreement was unenforceable in Pittsburgh Logistics Systems v. Beemac Trucking will make future use of such contracts between businesses difficult, and seems to lean heavily toward an outright ban, says attorney Joseph Lincoln.

  • Incentivizing Customers In States Banning Vaccine Passports

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    As several states make vaccine passports illegal, businesses that want their customers vaccinated should try incentives rather than making services conditional, which could run afoul of anti-discrimination laws, say Chase Hattaway and Michael Tessitore at Rumberger Kirk.

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