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Employment
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September 21, 2023
Pa. Nonprofit Says Ex-CFO's Whistleblower Suit Lacks NJ Ties
A Pennsylvania mental health services provider has asked a New Jersey federal judge to dismiss its former CFO's discrimination and retaliation claims, arguing the court lacks personal jurisdiction over the case because the nonprofit does not operate in the Garden State.
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September 21, 2023
UPS Settles With DOJ Over Immigration-Related Bias
UPS will pay nearly $100,000 to rectify allegations that it discriminated against non-U.S. citizens who had valid legal documents rejected by the shipping company when trying to obtain necessary work credentials, the U.S. Department of Justice announced Thursday.
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September 21, 2023
Paralegals Strike Deal To End OT Suit Against Texas Firm
A collective of former and current paralegals reached an undisclosed settlement with Dallas personal injury firm Kelley Law Firm PC during a second settlement conference in Texas federal court, putting to rest litigation accusing the firm of failing to pay them overtime wages.
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September 21, 2023
10th Circ. Wary Of Ex-KU Prof's False Statement Conviction
The Tenth Circuit appeared skeptical Thursday of the government's argument that a former University of Kansas professor's failure to inform his employer he was pursuing a job in China was relevant to federal grant funding decisions, with one judge citing a "failure of evidence."
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September 21, 2023
School Board Asks NC High Court To Review Pension Ruling
A school district urged North Carolina's highest court to bar as unconstitutional a state law that places a ceiling on state retirement benefits and mandates government employers pay for sharp increases in certain workers' pensions, arguing a court of appeals panel wrongly found the law constitutional.
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September 21, 2023
Mass. Appeals Court Faults Tufts OT Stance For Disabled RN
Tufts Medical Center failed to provide a reasonable accommodation to a nurse whose chronic illnesses left her unable to work overtime or night shifts, a divided Massachusetts Appeals Court said on Thursday, affirming previous findings by the state's Commission Against Discrimination and a state court justice.
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September 21, 2023
DC Circ. Doubts PR Hospital's 'Successor Bar' Challenge
A D.C. Circuit panel seemed resistant Thursday to a Puerto Rican hospital's claim that the National Labor Relations Board rule requiring employers to recognize existing unions after acquiring the operations of another company violated employees' rights, with one judge saying the rule is reasonable and shouldn't be second-guessed.
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September 21, 2023
Democratic Bill Would 'Empower' FTC On Artificial Intelligence
Bicameral legislation introduced by Democrats on Thursday would give the U.S. Federal Trade Commission more resources and authority to regulate companies' use of artificial intelligence amid concerns about "harmful biases" being proliferated by automated decision-making.
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September 21, 2023
Delta Freed From Ghostwritten Bias Suit In Ga.
Delta Airlines Inc. had been freed from a pro se plaintiff's discrimination lawsuit by a Georgia federal judge on the recommendation of a federal magistrate judge who suggested both a quick end to the litigation and sanctions for the plaintiff over concerns that a serial litigator ghostwrote her lawsuit.
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September 21, 2023
OneTaste Exec Attys Say Fed Conflict Hearing Bid Falls Flat
In separate letters to a New York federal court, Steptoe & Johnson LLP and Alston & Bird LLP attorneys pushed back on prosecutors' bid for a Curcio hearing to examine potential conflicts concerning their clients, OneTaste Inc. founder Nicole Daedone and former executive Rachel Cherwitz.
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September 21, 2023
Workers Can't Unwind Partial Arbitration Loss In Wage Fight
A group of delivery workers cannot escape an arbitrator's ruling that their bid to collect allegedly withheld wages under the New York Labor Law is untimely, a federal judge ruled, finding they could not demonstrate how the arbitrator abused his authority.
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September 21, 2023
United Ends Suit Challenging Colorado's Sick Leave Law
A United Airlines lawsuit claiming that federal laws preempted a 2020 Colorado law mandating paid sick leave for workers seemingly came to an end when the airline voluntarily dropped it.
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September 21, 2023
Hospital's Lawsuit Against SEIU Heading To RI
A Connecticut federal judge has rejected a Rhode Island hospital's attempt to sue a labor union near the union's regional headquarters in Connecticut, agreeing with the union that the lawsuit belongs in Rhode Island because that's where the relevant facts and witnesses are located.
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September 21, 2023
Defense Co. Calls Ex-Partner's Patents Null In Secrets Dispute
Total Quality Systems Inc., a Utah defense contractor suing a former business partner for defamation and misappropriating trade secrets, is urging a federal judge to toss counterclaims that it infringed two of the ex-partner's patents, saying the patents sought to protect ideas and were thus invalid.
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September 21, 2023
Mich. Discipline Board Says It's Immune From Ex-Judge's Suit
Michigan's attorney disciplinary board has urged a federal court to toss a former state judge's discrimination and defamation lawsuit over its decision to deny the reinstatement of her law license following a finding of impairment, saying it has governmental immunity.
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September 21, 2023
RI Says Greenleaf Can't Nix CBA Over State Cannabis Law
Medical cannabis nonprofit Greenleaf can't ask to nullify its collective bargaining agreement with a union based on a state law mandating labor peace agreements, Rhode Island argued to a federal judge Thursday, saying federal labor law required the company to bargain for a contract.
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September 21, 2023
Amazon Beats Conn. Workers' Security Screening Wage Suit
A Connecticut federal judge handed Amazon a summary judgment win Wednesday in a proposed class action alleging the e-commerce giant failed to pay fulfillment-center workers for time they spent undergoing anti-theft security screenings, finding that a 2014 U.S. Supreme Court case bars the workers from any recovery.
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September 21, 2023
GAO Says Time Bar Doesn't Apply To Acting Labor Secretary
Acting Labor Secretary Julie Su can serve without the time limit typically imposed by a vacancies law, even though she is also the labor secretary nominee, the U.S. Government Accountability Office said in a decision Thursday — a potential setback for Republicans who had raised the issue.
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September 21, 2023
Bradley Arant Fights Sanctions Bid Over Mid-Deposition Texts
Texts between a Bradley Arant Boult Cummings LLP attorney and NuVasive Inc. representatives during breaks in depositions in an employment discrimination suit do not warrant sanctions since lawyers are allowed to communicate with clients during deposition breaks, the medical device company told a Florida federal court.
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September 21, 2023
NY Medical Group Resolves Syrian Doctor's Bias Suit
NewYork-Presbyterian Medical Group Westchester and a Syrian-born internal medicine doctor told a New York federal court they've agreed to settle a suit alleging the physician was fired for reporting that colleagues were mocking his accent, making offensive comments about Arabs and mishandling patient records.
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September 20, 2023
States' Rights, Trans Protections To Collide At 4th Circ.
The full Fourth Circuit will hear arguments Thursday from state-run health plans in North Carolina and West Virginia challenging lower court decisions finding that their coverage exclusions for gender dysphoria treatments amount to unlawful discrimination, weighing in on two cases that experts say could impact employee benefit plans nationwide. Here's what to watch as the states and health plan participants square off before the Fourth Circuit.
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September 20, 2023
Fujian Jinhua Execs Stole Micron IP, Feds Argue At Trial's End
Three executives of semiconductor maker Fujian Jinhua conspired together and stole trade secrets on memory technology from U.S.-based Micron, a government prosecutor told the California federal judge overseeing the criminal bench trial against the Chinese state-owned company in closing arguments Wednesday.
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September 20, 2023
Agency Says EA Misleading Court In NIL Video Game Suit
Electronic Arts Inc. is attempting to muddy the waters by misrepresenting the contract agreements held by Brandr Group LLC so it can pay bargain prices for the name, image and likeness of college athletes, the agency argued in an effort to keep its contract dispute suit alive.
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September 20, 2023
Microsoft Created Hostile Workplace, Trans Ex-Worker Says
A former Microsoft software developer who is transgender is accusing the company of violating state anti-discrimination law by bullying her and creating a hostile work environment during her transition, according to a complaint filed Friday in Washington state court.
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September 20, 2023
Univ. Board Says Unions Can't Sue Over Fla. Arbitration Ban
The University of South Florida Board of Trustees challenged two unions' right to sue over a state law's prohibition against faculty arbitrating personnel decisions, telling a federal court Wednesday that the unions have no basis to bring claims under the U.S. Constitution's contracts clause and 14th Amendment.
Expert Analysis
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Recalling USWNT's Legal PR Playbook Amid World Cup Bid
As the U.S. Women's National Soccer Team strives to take home another World Cup trophy, their 2022 pay equity settlement with the U.S. Soccer Federation serves as a good reminder that winning in the court of public opinion can be more powerful than a victory inside the courtroom, says Hector Valle at Vianovo.
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Colorado Antitrust Reform Carries Broad State Impact
Colorado recently became the latest state to update and expand its antitrust laws, and the new act may significantly affect enforcement and private litigation, particularly when it comes to workers and consumers, says Diane Hazel at Foley & Lardner.
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Mass. Age Bias Ruling Holds Employer Liability Lessons
The Massachusetts Supreme Judicial Court’s recent ruling in Adams v. Schneider Electric — upholding a laid-off employee’s age discrimination claim — is an important reminder that employers may face liability even if a decision maker unknowingly applies a discriminatory corporate strategy, say attorneys at Armstrong Teasdale.
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What Calif. 'Take-Home' COVID Ruling Means For Employers
The California Supreme Court’s recent holding in Kuciemba v. Victory that employers are not liable for the spread of COVID-19 to nonemployee household members reflects a sensible policy position, but shouldn't be seen as a sea-change in the court's employee-friendly approach, say Brian Johnsrud and Brandon Rainey at Duane Morris.
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Regulating AI: Litigation Questions And State Efforts To Watch
In view of the developing legal and regulatory framework for artificial intelligence systems in the U.S., including state legislation and early federal litigation, there are practical takeaways as we look toward the future, says Jennifer Maisel at Rothwell Figg.
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The Issues Brewing Around Starbucks Labor Practice Cases
Starbucks is faced with fighting off another push for a nationwide injunction against firing any employees that support unionization, and there's a distinct possibility that the company and the National Labor Relations Board could be fighting the same fight over and over in various locations, says Janette Levey at Levey Law.
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Regulating AI: An Overview Of Federal Efforts
The U.S. has been carefully managing a national policy and regulatory ecosystem toward artificial intelligence, but as AI technology continues to expand into our everyday lives, so too has its risks and the need for regulation, says Jennifer Maisel at Rothwell Figg.
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Opinion
Justices' Job Transfer Review Should Hold To Title VII Text
The U.S. Supreme Court's upcoming decision in Muldrow v. City of St. Louis should hold that a job transfer can be an adverse employment action, and the analysis should be based on the straightforward language of Title VII rather than judicial activism, say Lynne Bernabei and Alan Kabat at Bernabei & Kabat.
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Operant Conditioning: Techniques To Prepare Your Witness
Attorneys can apply operant conditioning principles, such as positive and negative reinforcement, during witness preparation sessions to enhance the quality of witnesses’ deposition and trial testimony and counter the potential influence of opposing counsel, say Bill Kanasky and Steve Wood at Courtroom Sciences.
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Employer Tips For Fighting Back Against Explosive Verdicts
Massive jury verdicts are a product of our time, driven in part by reptile tactics, but employers can build a strategic defense to mitigate the risk of a runaway jury, and develop tools to seek judicial relief in the event of an adverse outcome, say Dawn Solowey and Lynn Kappelman at Seyfarth.
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Rebuttal
Calif. PAGA Ruling Not A Total Loss For Employer Arbitration
Contrary to the conclusion reached in a recent Law360 guest article, the California Supreme Court’s ruling in Adolph v. Uber Technologies did not diminish the benefit of arbitrating employees’ individual Private Attorneys General Act claims, as the very limited ruling does not undermine U.S. Supreme Court precedent, says Steven Katz at Constangy.
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What EEOC's 2023 Stats Mean For Future Enforcement
The Equal Employment Opportunity Commission’s unusual burst of spring lawsuits and its new Democratic majority should cue employers and HR personnel to expect EEOC enforcement activity to ramp up to pre-pandemic rates, especially in regions where filings are on the rise and in those areas the agency appears to be targeting, such as workplace discrimination, say Andrew Scroggins and James Nasiri at Seyfarth Shaw.
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Operant Conditioning: Tactics That Can Derail Your Witness
There are many ways opposing counsel may use operant conditioning principles, including rewards and punishments, to obtain damaging testimony from your witnesses, so understanding this psychological theory is key, say Steve Wood and Bill Kanasky at Courtroom Sciences.
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Tick Tock: When Punctuality Raises Employee ADA Questions
A recent viral TikTok video — where a user claims they were disrespected by a potential employer when inquiring about accommodations for difficulty with being on time — shows that even in the most seemingly questionable situations, there may be legitimate issues that require Americans with Disabilities Act considerations, says Daniel Pasternak at Squire Patton.
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Perspectives
Mallory Gives Plaintiffs A Better Shot At Justice
Critics of the U.S. Supreme Court's recent decision in Mallory v. Norfolk Southern claim it opens the door to litigation tourism, but the ruling simply gives plaintiffs more options — enabling them to seek justice against major corporations in the best possible court, say Rayna Kessler and Ethan Seidenberg at Robins Kaplan.