Employment

  • March 11, 2024

    Pfizer Slams Ex-Compliance Officer's Whistleblower Claims

    Pfizer has asked a California federal court to again dismiss the bulk of a discrimination and retaliation lawsuit filed by a former compliance officer for the pharmaceutical giant, arguing his latest suit is "largely a regurgitation of his original complaint."

  • March 11, 2024

    Ill Will Pushed UNC Doc's Bawdy Party Lie, NC Justices Told

    A former doctor at the University of North Carolina hospital wants the state's highest court to revive his defamation lawsuit alleging a supervisor's ill will motivated an investigation into a supposed bawdy party, telling the justices that the supervisor isn't afforded the immunity public officials receive from lawsuits.

  • March 11, 2024

    Biden Proffers $320M NLRB Budget, 'Penalties For Employers'

    President Joe Biden proposed a bump in the National Labor Relations Board's budget to $320 million for the following fiscal year, the White House revealed Monday, presenting another potential increase for the board and "significantly increasing penalties for employers."

  • March 11, 2024

    Georgia Security Co. Broke Overtime Law, Suit Claims

    A former supervisor at an Atlanta area security and investigations company alleged the firm underpaid its hourly employees by failing to dole out overtime wages, according to a proposed class action filed in Peach State federal court.

  • March 11, 2024

    Pa. Judge May Take Wheel In Uber Driver Classification Trial

    A federal jury in Philadelphia on Monday leaned toward classifying UberBlack drivers in the city as independent contractors instead of employees, but the trial judge indicated he may make the final call after a deadlock among the jurors prompted him to dismiss them.

  • March 11, 2024

    Firefighter Denied Promotion After Bender Loses Bias Suit

    The Second Circuit won't revive a Black firefighter's suit alleging his race cost him a promotion, ruling Monday that he failed to overcome the department's argument that the job offer was yanked because he was found half-naked at a Dunkin' store following a night of drinking.

  • March 11, 2024

    Biden's $14B DOL Budget Addresses Child Labor, Paid Leave

    President Joe Biden unveiled his annual budget proposal Monday for fiscal year 2025, and it would set aside billions of dollars for the U.S. Department of Labor to address worker protections and establish a paid leave program.

  • March 11, 2024

    Ogletree Brings On Genova Burns Privacy, Cyber Leader In NJ

    Management-side employment law powerhouse Ogletree Deakins Nash Smoak & Stewart PC has added a former Genova Burns LLC partner of nearly nine years and with expertise in cybersecurity as a partner in Morristown, New Jersey, the firm announced Monday.

  • March 11, 2024

    Ex-K&L Gates Atty Wants Out Of Prison In Cyberstalking Case

    A former K&L Gates LLP partner sentenced to two years in prison for cyberstalking and harassing his colleagues has moved for compassionate release seven months before his release date, citing his deteriorating health and poor living conditions behind bars.

  • March 11, 2024

    7th Circ. Won't Reinstate Ex-Cops' Retaliation Suit

    The Seventh Circuit refused to revive allegations that an Illinois city pushed out a police officer who complained about a colleague's sexual comments and a lieutenant who asked for a different shift because of sleep apnea, saying a trial court was right to toss the claims.

  • March 11, 2024

    Split 11th Circ. Won't Revive Doctor's Equal Pay Suit

    A split Eleventh Circuit panel backed the dismissal of a female obstetrician's suit claiming a hospital gave a male doctor better opportunities to earn bonus pay, saying the medical center put forward enough proof showing the male doctor's experience justified the difference.

  • March 11, 2024

    Insurance Worker Wants Full 11th Circ. Rethink In ADA Suit

    A former insurance worker urged the full Eleventh Circuit to rethink the company's win in her lawsuit accusing the business of abruptly firing her to sidestep healthcare costs related to her multiple sclerosis, saying there's evidence her disability played a role in her termination.

  • March 09, 2024

    NLRB's Joint Employer Rule Struck Down By Texas Judge

    A Texas federal judge late Friday struck down a 2023 National Labor Relations Board rule that made it harder for employers to show they are not joint employers, restoring a Trump-era rule that eased the test. 

  • March 08, 2024

    Trump 'An Existential Threat' To Rule Of Law, Attys Warn

    Former President Donald Trump represents an "existential threat" to democracy and the rule of law, legal experts said Friday at a conference on white collar crime in San Francisco.

  • March 08, 2024

    Disney TV Unit Must Face Fired Actor's COVID Vax Suit

    A California federal judge Friday ordered 20th Television to go to trial on an actor's claim of failing to provide religious accommodations when he sought COVID-19 vaccine exemptions, citing "sparse record evidence of any meaningful discussion of potential accommodations" and triable issues of whether the actor's religious beliefs were sincerely held.

  • March 08, 2024

    2 Calif. Union Dues Cases Echo Janus Ruling, 9th Circ. Told

    An attorney for an anti-union think tank urged the Ninth Circuit on Friday to revive a pair of lawsuits alleging his public sector employee clients' constitutional rights were violated by union dues being collected against their will, likening the cases to the U.S. Supreme Court's landmark 2018 Janus ruling.

  • March 08, 2024

    Mich. Court Can't Shush Library Whistleblower, Panel Says

    A Michigan appeals court has revived a former library director's whistleblower suit alleging she was fired for questioning whether the library could use public funds to pay for a board member's godson to open a restaurant on the premises, saying she reported ongoing conduct which is considered protected activity.

  • March 08, 2024

    SF Giants Don't Owe Penalties To Stadium Staff For Late Pay

    The San Francisco Giants defeated claims that they owed ballpark concessionaires accrued wages after each work assignment, as a California state appeals court ruled that an amendment to a termination pay law retroactively nullified a worker's claims. 

  • March 08, 2024

    Lizzo Seeks $85K In Fees For Partial Win In Dancers' Suit

    Pop star Lizzo has asked a California state judge for nearly $85,000 in fees to fend off her former dancers' disability discrimination and tortious interference claims, arguing that she significantly streamlined the scope of the dispute, which wasn't a "straightforward matter" and dealt with complex First Amendment issues.

  • March 08, 2024

    Uber Driver Class Claims Veering Toward Split Verdict

    A Pennsylvania federal judge told a Philadelphia jury Friday to return Monday after its eight members deadlocked on whether UberBlack drivers in the city were employees of the ride-sharing company entitled to minimum wage and benefits, or independent contractors, as Uber classified them.

  • March 08, 2024

    DOJ Eyes FCPA For New Whistleblower Rewards Program

    U.S. Department of Justice officials on Friday signaled a renewed emphasis on fighting foreign corruption, saying its planned whistleblower rewards program should prove useful in Foreign Corrupt Practices Act cases against private companies, and warned companies against running afoul of new rules barring the sale of personal data to foreign adversaries of the U.S.

  • March 08, 2024

    Abercrombie Ex-CEO Gets Legal Fees For NY Sex Assault Suit

    Abercrombie & Fitch Co. must front the legal fees of a former CEO accused of using his position to sexually abuse aspiring male models, a Delaware Court of Chancery judge ruled Friday, finding the allegations raised in a New York federal lawsuit were tied to his corporate role.

  • March 08, 2024

    Gerdau Steel Denied Fathers Parental Leave, Ex-Workers Say

    Male steel mill workers for Gerdau were not allowed to take parental leave when their children were born unlike their female co-workers who were granted maternity leave, in violation of federal equal pay law, according to a proposed collective action filed in Texas federal court.

  • March 08, 2024

    No Sanctions Yet For 'Wrong More Than Right' BigLaw Atty

    A Harris County judge on Friday denied a Houston firm's request to sanction a former associate despite noting that the now-BigLaw partner "has been wrong more than he's been right" during a suit he brought over $32,000 in back wages.

  • March 08, 2024

    Union Urges Affirming Reinstatement Award Over Pot Test

    An aircraft mechanics union has asked a Washington federal judge to back an arbitration board's decision ordering Alaska Airlines to reinstate a unionized worker who testified positive for marijuana, saying the award was properly based on the parties' labor contract.

Expert Analysis

  • What's At Stake In High Court NLRB Injunction Case

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    William Baker at Wigdor examines the U.S. Supreme Court's recent decision to hear Starbucks v. McKinney — where it will consider a long-standing circuit split over the standard for evaluating National Labor Relations Board injunction bids — and explains why the justices’ eventual decision, either way, is unlikely to be a significant blow to labor.

  • The Legal Industry Needs A Cybersecurity Paradigm Shift

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    As law firms face ever-increasing risks of cyberattacks and ransomware incidents, the legal industry must implement robust cybersecurity measures and privacy-centric practices to preserve attorney-client privilege, safeguard client trust and uphold the profession’s integrity, says Ryan Paterson at Unplugged.

  • The State Of Play In NIL, Compensation For Student-Athletes

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    Recent NCAA developments — including name, image, and likeness legislation and a governance and compensation proposal — reflect a shift from the initial hands-off approach to student-athletes' NIL deals and an effort to allow colleges to directly compensate student-athletes without categorizing them as employees, say attorneys at Pillsbury.

  • 5 Reasons Associates Shouldn't Take A Job Just For Money

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    As a number of BigLaw firms increase salary scales for early-career attorneys, law students and lateral associates considering new job offers should weigh several key factors that may matter more than financial compensation, say Albert Tawil at Lateral Hub and Ruvin Levavi at Power Forward.

  • Employer Lessons From NLRB Judge's Union Bias Ruling

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    A National Labor Relations Board judge’s recent decision that a Virginia drywall contractor unlawfully transferred and fired workers who made union pay complaints illustrates valuable lessons about how employers should respond to protected labor activity and federal labor investigations, says Kenneth Jenero at Holland & Knight.

  • New SDNY Whistleblower Program May Be A Game-Changer

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    A new pilot program in the U.S. Attorney’s Office for the Southern District of New York promises to immunize from prosecution certain individuals who blow the whistle on financial crimes and corruption, and if similar self-disclosure programs are any indication, this significant new policy may measurably increase white collar investigations, say attorneys at Paul Hastings.

  • Directors And Officers Face Unique AI-Related Risks

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    As privacy, intellectual property and discrimination lawsuits focusing on artificial intelligence increase, corporate directors and officers must stay aware of associated risks, including those related to compliance, litigation and cybersecurity, says Jonathan Meer at Wilson Elser.

  • Series

    Playing Competitive Tennis Makes Me A Better Lawyer

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    My experience playing competitive tennis has highlighted why prioritizing exercise and stress relief, maintaining perspective under pressure, and supporting colleagues in pursuit of a common goal are all key aspects of championing a successful legal career, says Madhumita Datta at Lowenstein Sandler.

  • Best Employer Practices Under Whistleblower Protection Act

    Excerpt from Practical Guidance
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    The Whistleblower Protection Act provides important protections for employees who report wrongdoing in the federal government, and employers should take steps to ensure compliance with the WPA, as these protections are essential to promoting a workplace culture of ethics and accountability, says Emory Moore at Honigman.

  • NY, Del. May Be Trending Against Noncompete Enforceability

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    While neither New York nor Delaware has statutory restrictions on noncompete provisions, recent legislative actions and judicial decisions indicate a trend against enforcement of restrictive covenants in both equity award and employment agreements, says Irene Bassock at Cohen Buckmann.

  • Series

    The Pop Culture Docket: Judge Djerassi On Super Bowl 52

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    Philadelphia Court of Common Pleas Judge Ramy Djerassi discusses how Super Bowl 52, in which the Philadelphia Eagles prevailed over the New England Patriots, provides an apt metaphor for alternative dispute resolution processes in commercial business cases.

  • Considerations For Lawyer Witnesses After FTX Trial

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    Sam Bankman-Fried's recent trial testimony about his lawyers' involvement in FTX's business highlights the need for attorney-witnesses to understand privilege issues in order to avoid costly discovery disputes and, potentially, uncover critical evidence an adversary might seek to conceal, says Lawrence Bluestone at Genova Burns.

  • Changes To Note In New AAA Mass Arbitration Rules

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    The American Arbitration Association updated its mass arbitration rules earlier this month — clarifying issues that were previously being litigated in front of the AAA, and significantly streamlining the process of getting to a merits arbitration for claimants who have suffered similar wrongs and are bound by mandatory arbitration clauses, say attorneys at Labaton Keller.

  • 9 Tools To Manage PAGA Claims After Calif. High Court Ruling

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    In Estrada v. Royalty Carpet Mills, the California Supreme Court recently dealt a blow to employers by ruling that courts cannot dismiss Private Attorneys General Act claims on manageability grounds, but defendants and courts can still use arbitration agreements, due process challenges and other methods when dealing with unmanageable claims, says Ryan Krueger at Sheppard Mullin.

  • Workplace Speech Policies Limit Legal And PR Risks

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    As workers increasingly speak out on controversies like the 2024 elections and the Israel-Hamas war, companies should implement practical workplace expression policies and plans to protect their brands and mitigate the risk of violating federal and state anti-discrimination and free speech laws, say attorneys at McDermott.

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