Employment

  • May 26, 2023

    DC Circ. Says Religious Health Group Can't Stop Union Vote

    A D.C. Circuit panel allowed the National Labor Relations Board to continue processing a unionization bid by resident physicians at a religious health care consortium, saying the institution "has not met its high burden" to block the process on constitutional grounds.

  • May 26, 2023

    Red States Urge 4th Circ. To Undo Wins For Trans Health Care

    Missouri and 20 other Republican-led states urged the Fourth Circuit to undo a pair of district court decisions requiring state health plans in North Carolina and West Virginia to cover gender-affirming care, arguing states should be allowed to make decisions about the relatively new area of medicine.

  • May 26, 2023

    Ex-Everglades Org. Scientist Found Guilty Of Deleting Docs

    A scientist embroiled in a fight with his former employer The Everglades Foundation is facing jail time after he was found guilty of indirect criminal contempt on Thursday for deleting foundation materials that were on his electronic devices despite a court order barring him from doing so.

  • May 26, 2023

    Varnum Adds Labor And Employment Partner

    Michigan firm Varnum LLP has added a labor and employment partner who joins one of the firm's offices in the Detroit area after almost three years in-house with finance company Rocket Central LLC.

  • May 26, 2023

    Fla. IT Biz Takes Fine To End DOJ Citizenship Bias Claims

    A Florida information technology company agreed to a $3,855 penalty and to submit to two years of federal monitoring to resolve allegations that it discriminated against job applicants based on their immigration status, the U.S. Department of Justice announced Friday.

  • May 26, 2023

    Calif. Atty Says Free Speech Bars BLM Tweets Ethics Charges

    A Los Angeles employment lawyer facing ethics charges over tweets she made in May 2020 during Black Lives Matter protests in the wake of the killing of George Floyd said the California state bar's disciplinary action against her must be dropped because the "enshrined" free speech rights of Golden State attorneys "depend on it."

  • May 26, 2023

    Dental Hygienist Can't Get $1 Damages Retrial

    A New York dental hygienist who won a sexual harassment suit against her former employer cannot get a retrial on the $1 damages award, a Manhattan federal judge has ruled, saying the damages are consistent with what was proven at trial.

  • May 26, 2023

    Magistrate Decertifies Grocery Managers' Class In OT Suit

    A Colorado magistrate judge dissolved a class of grocery store assistant managers in a former assistant manager's lawsuit alleging they were misclassified as overtime-exempt, ruling the ex-manager couldn't prove all the workers were similarly entitled to nonexempt status.

  • May 26, 2023

    Pension Row With Teamsters Belongs In Court, 1st Circ. Told

    A logistics company urged the First Circuit to reconsider a decision that tossed out its dispute with the Teamsters over $1.5 million in alleged pension debt, saying the Multiemployer Pension Plan Amendments Act's mandatory arbitration provision does not apply here.

  • May 26, 2023

    UK Litigation Roundup: Here's What You Missed In London

    The past week in London has seen the U.K.'s former health secretary Matt Hancock sued for libel by a Reclaim Party MP, a London housing developer build a claim against law firm Eversheds Sutherland, and F1 team McLaren start its engines in legal proceedings against its Swedish sponsor. Here, Law360 looks at these and other new claims in the U.K.

  • May 26, 2023

    VP's Sex Discrimination Suit Against De Niro Partially Tossed

    A New York federal judge granted Robert De Niro and his production company a partial win in a former vice president's sex bias suit claiming the movie star saddled her with gendered tasks, such as folding his clothes and boxers, and made her work 13-hour days.

  • May 25, 2023

    NJ Says Ex-Worker Can't Link Firing To Probe Participation

    Attorneys for New Jersey told a state judge Thursday that retaliation claims by a former, non-permanent state Department of Health employee should be dismissed, arguing she was terminated because she failed to take the required civil service exam, not because she participated in an internal investigation.

  • May 25, 2023

    Carpenters Hope 9th Circ. Can Revive Retirement Plans Suit

    Carpenters are turning to the Ninth Circuit in hopes of reviving a proposed class action accusing their union of throwing workers' retirement savings into risky investments that lost over $250 million during the 2020 market downturn.

  • May 25, 2023

    Miramax, Disney Deny Liability In Weinstein Assault Appeal

    Miramax and the Walt Disney Co. asked a New York state appeals panel on Thursday to cut them loose from a civil sexual assault suit against Harvey Weinstein, saying the "horrendous" allegations have nothing to do with the criminally convicted movie producer's employment.

  • May 25, 2023

    Ex-Littler Atty Can't Beat Law Firm's Document Theft Suit

    A Texas state judge has refused to toss Littler Mendelson PC's suit accusing a former associate of stealing thousands of confidential documents, rejecting her argument that the court lacks jurisdiction because she wasn't living in the state at the time of the alleged theft, according to an order posted Thursday.

  • May 25, 2023

    UFCW Asks 11th Circ. To Enforce NLRB's Bargaining Order

    A UFCW affiliate told the Eleventh Circuit on Thursday to back enforcement of a National Labor Relations Board ruling that a chemical company unlawfully refused to bargain, arguing the case shouldn't be delayed while the board considers whether to expand make-whole remedies.

  • May 25, 2023

    Individuals Can't Sue Under NJ Cannabis Law, Judge Rules

    A New Jersey federal judge on Thursday tossed out a proposed class action accusing Walmart of violating a Garden State law by rejecting job applicants who tested positive for cannabis, resolving a matter of first impression and saying individuals cannot sue under that statute.

  • May 25, 2023

    NCAA Says Volunteers Not Harmed By Limit On Paid Coaches

    The NCAA urged a California federal judge Wednesday to toss a proposed class action from former volunteer coaches who claim an association bylaw limiting the number of paid coaches Division I schools may hire amounts to illegal wage fixing, saying the group has failed to show how the rules caused them any injury.

  • May 25, 2023

    Female Candidate Nabs Jury Win In School Pay Bias Suit

    A Tennessee federal jury awarded a female school psychologist candidate nearly $200,000 Thursday in her pay bias suit, alleging the school district scrapped the role after she complained she was offered a lower starting salary than a previous male candidate.

  • May 25, 2023

    Amazon Wage Suit Should Stay In State Court, 9th Circ. Told

    A suit alleging Amazon committed a slew of wage and hour violations should stay in Washington state court, a group of delivery drivers told the Ninth Circuit, saying a Washington federal court correctly found that the e-commerce giant is the primary defendant.

  • May 25, 2023

    3rd Circ. Says Atty Prof's Suit Can Stay In Fed. Court

    An attorney and law professor who believes she was wrongly removed from her role at a public university in New Jersey may continue to pursue claims in federal court, according to a precedential Third Circuit panel ruling Thursday, reversing an earlier dismissal that stated she should have kept her complaint in state court.

  • May 25, 2023

    4th Circ. Upholds State Dept. Contractor's Retaliation Suit Win

    The Fourth Circuit backed a U.S. State Department contractor's defeat of an ex-employee's lawsuit claiming she was fired for raising concerns about a potential supervisor's conduct, ruling that an email she sent amounted to "personal gossip" rather than a federally protected complaint.

  • May 25, 2023

    Activision Hid #MeToo Investigations, Investors Tell 9th Circ.

    Investors in Activision Blizzard urged the Ninth Circuit on Wednesday to revive a proposed class action alleging executives downplayed the seriousness of state and federal scrutiny into the company's purportedly sexist workplace culture, saying the company implemented drastic changes while telling investors the investigations were "not significant."

  • May 25, 2023

    Conditional Cert. Recommended For Dancers In Wage Suit

    A South Carolina federal magistrate judge has recommended that the court grant conditional certification to dancers who say a strip club illegally denied them hourly wages, took portions of their tips and charged them fees for the right to work.

  • May 25, 2023

    Ga. Cop Must Pay Monthly Pending Appeal Of $40M Judgment

    Atlanta police officer Jon Grubbs must pay $700 a month while waiting for a decision on his appeal of a $40 million judgment against him in a case in which a jury said his use of excessive force rendered a man quadriplegic, a Georgia federal judge ruled Wednesday.

Expert Analysis

  • Cos. Should Heed IRS Warnings About Employee Tax Credit

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    The IRS has recently been cautioning employers claiming the pandemic-related employee retention credit to carefully review all the eligibility requirements and be wary of relying on third-party advisers regarding their qualification for the credit, say Eric Pearson and Timothy Voigtman at Foley & Lardner.

  • AI For Advancing Diversity In The Workplace: Friend Or Foe?

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    In the wake of calls for increased workplace diversity, employers are turning to artificial intelligence to automate hiring and cut costs to reach environmental, social and governance objectives, but this technology requires human oversight to minimize biases and discrimination, say Consuela Pinto and Dawn Siler-Nixon at FordHarrison.

  • Building On Successful Judicial Assignment Reform In Texas

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    Prompt action by the Judicial Conference could curtail judge shopping and improve the efficiency and procedural fairness of the federal courts by implementing random districtwide assignment of cases, which has recently proven successful in Texas patent litigation, says Dabney Carr at Troutman Pepper.

  • What To Watch In High Court's FCA Scienter Standard Case

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    Depending on what role subjective intent plays in False Claims Act liability after the U.S. Supreme Court decides SuperValu and Safeway — to be argued April 18 — FCA defendants may be able to successfully move for dismissal prior to discovery or, conversely, find that internal discussions about legal exposure have become discoverable, say attorneys at Bryan Cave.

  • Opinion

    Noncompete Ban Is Key To Empowering Low-Wage Workers

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    The Federal Trade Commission's proposed ban on noncompete clauses is needed because limitations alone have very little practical value to low-wage workers, who will continue to be hurt by the mere existence of these clauses unless they are outlawed, says Brendan Lynch at Community Legal Services of Philadelphia.

  • Religious Institution Unionization Risks Post-NLRB Decision

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    A recent National Labor Relations Board decision granted Saint Leo University religious exemption from the National Labor Relations Act, potentially setting a new standard for other religious educational institutions, which must identify unionization risks and create plans to address them, say Terry Potter and Quinn Stigers at Husch Blackwell.

  • How DOJ Self-Disclosure Policy Affects Internal Investigations

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    In response to the U.S. Department of Justice's recent guidance on its voluntary self-disclosure policy for corporate misconduct, companies should take steps to ensure their ability to conduct swift and complete internal investigations into whistleblower complaints, say Robin Mark and Jim Hoover at Burr & Forman.

  • AmEx Ruling Proves A Double-Edged Sword In Labor Antitrust

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    Though the U.S. Supreme Court's 2018 decision in Ohio v. American Express was a defense victory, both the plaintiff and defense bars have learned to use the case's holdings to their advantage, with particularly uncertain implications for labor antitrust cases, say Lauren Weinstein and Robert Chen at MoloLamken.

  • What Employers Should Know About Proposed Calif. AI Regs

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    Recently proposed California regulations aim to hold employers and agencies liable for disparate treatment arising from automated-decision systems, and there are five things employers should look out for, say attorneys at Gibson Dunn.

  • Do Videoconferences Establish Jurisdiction With Defendants?

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    What it means to have minimum contacts in a foreign jurisdiction is changing as people become more accustomed to meeting via video, and defendants’ participation in videoconferencing may be used as a sword or a shield in courts’ personal jurisdiction analysis, says Patrick Hickey at Moye White.

  • Top 5 Issues For Employers If Their Bank Suddenly Fails

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    The sudden closure of a bank can create a host of ripple effects, and if such a liquidity crisis occurs, employers should prioritize fulfilling their payroll obligations, as failing to do so could subject employers and even certain company personnel to substantial penalties, say attorneys at Manatt.

  • Prepare Now To Comply With NJ Temp Worker Law

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    New Jersey temporary staffing firms and their clients must prepare now for the time-consuming compliance requirements created by the controversial new Temporary Laborers' Bill of Rights, or face steep penalties when the law's strict wage, benefit and record-keeping rules go live in May and August, say attorneys at Duane Morris.

  • Opinion

    Humanism Should Replace Formalism In The Courts

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    The worrying tendency for judges to say "it's just the law talking, not me" in American decision writing has coincided with an historic decline in respect for the courts, but this trend can be reversed if courts develop understandable legal standards and justify them in human terms, says Connecticut Superior Court Judge Thomas Moukawsher.

  • Employment-Related Litigation Risks Facing Hospitality Cos.

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    A close look at recent hospitality industry employment claims highlights key issues companies should keep an eye out for, and insurance policy considerations for managing risk related to wage and hour, privacy, and human trafficking claims, say Jan Larson and Huiyi Chen at Jenner & Block.

  • Acquiring A Company That Uses A Professional Employer Org.

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    With the professional employer organization industry rapidly expanding, those seeking to acquire a company that uses a PEO should understand there are several employment- and benefits-related complexities, especially in regard to retirement, health and welfare plans, say Megan Monson and Taryn Cannataro at Lowenstein Sandler.

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