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Employment
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March 07, 2024
Investment Adviser Can't Exit Suit Over Stolen Clients
A Florida judge said Thursday she would not allow a retired investment adviser to exit a suit by Mercer Global Advisors accusing him of breaching his employment agreement by conspiring with his wife to steal clients, ruling that there was clearly a factual dispute that should go to trial.
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March 07, 2024
Chemical Co. Says Arbitrator Set 'Impossible' Rule In Union Fight
A chemical manufacturer has asked a Texas federal court to undo an arbitration award in favor of a former employee accused of using his union to gain confidential information from the company's investigation into his behavior, saying the arbitrator "fashioned a legal standard that makes it nearly impossible" for companies to monitor workplace investigations.
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March 07, 2024
5th Circ. Backs NLRB On Nurse Fired Over COVID Complaints
The Fifth Circuit upheld on Thursday a National Labor Relations Board ruling finding a Texas home health company unlawfully fired a nurse who raised concerns about the company's handling of the COVID-19 pandemic, but cleared the company on the claim that it barred workers from discussing wages.
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March 07, 2024
Marijuana Store Retaliated After Complaint, Ex-Worker Says
An Atlantic City, New Jersey, marijuana dispensary fired one of its employees after she requested that "loud music" being played in the shop be turned down because it triggered her post-traumatic stress, paranoia and anxiety, the ex-worker says in a discrimination lawsuit filed in New Jersey state court.
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March 07, 2024
2nd Circ. Keeps Nurse's Win In 'Loser Pays' Arbitration Row
The Second Circuit said Thursday that a worker advanced "sufficiently serious" questions of whether a staffing company's arbitration provision requiring him to pay if he lost would impede on his rights, keeping a New York federal court's ruling.
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March 07, 2024
Crypto Founder's Extortion Suit Fails Yet Again
The founder of a cryptocurrency token company cannot bring racketeering and trade secret claims against former consultants he alleges extorted him for millions of dollars and tried to ruin his company's reputation, an Illinois federal judge has ruled.
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March 07, 2024
Pa. Counselor Says She Got No Help At Non-Accessible School
A former school counselor with a prosthetic leg says her nonprofit employer refused to help when her assigned school wouldn't accommodate her disability, then fired her for complaining, according to a lawsuit filed in Pennsylvania state court.
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March 07, 2024
Disneyland Makes Some Staff Pay For Tools, Worker Says
Walt Disney Parks and Resorts forced maintenance workers at its Southern California hotels, including Disneyland, to pay for their own tools and did not pay them the state's required double minimum wage for requiring them to do so, a worker alleged in a proposed class action in state court Thursday.
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March 07, 2024
Wash. Appeals Panel Won't Revive Workers' Vaccine Bias Suit
A Washington state appeals court refused Thursday to revive a disability bias suit alleging a hospital system unlawfully fired dozens of healthcare workers who did not get the COVID-19 vaccine, finding the workers' unvaccinated status didn't qualify as a disability under the law.
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March 07, 2024
5th Circ. Backs Chevron Win In White Ex-Worker's Bias Suit
The Fifth Circuit declined to reinstate a white former employee's lawsuit accusing a Chevron Corp. subsidiary of firing him to advance its race equity goals, saying he failed to push back on the company's argument that he was fired for repeatedly using the N-word.
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March 07, 2024
6th Circ. Sends Oilfield Workers' OT Suit Back To Lower Court
It should be up to a jury to sort out whether oilfield technicians' duties led to their irregular hours, the Sixth Circuit said, reversing an Ohio federal court's ruling in favor of the technicians in a wage dispute centering on an overtime exemption that applies to workers with fluctuating hours.
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March 07, 2024
Feds Want 7 Years For Jaguars Worker Who Stole $22M
Federal prosecutors asked a Florida judge Thursday to sentence a former employee of the Jacksonville Jaguars to seven years in prison because he "betrayed" the football team when he embezzled $22 million to "live in the fast lane."
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March 07, 2024
Oil Co. Worker Says He Was Fired For Reporting Threats
A seven-year employee of National Oilwell Varco LP alleges that the company fired him after reporting that another worker made discriminatory comments toward him, including one instance in which he threatened him with a knife.
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March 07, 2024
5th Circ. Won't Revive Owner Suit Over Litigation Funding Co.
The Fifth Circuit has affirmed a decision saying that, based on Texas law, no valid profit-sharing contract exists between parties who formed a business to provide pre-settlement medical advancement loans to litigants.
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March 07, 2024
Ex-Staffer Blasts 'Skulduggery' In Posner's Sanctions Bid
The so-called pro se litigation "expert" suing retired Seventh Circuit Judge Richard Posner for $170,000 has hit back at Posner's bid to have him sanctioned for gratuitous "personal attacks" — by accusing Posner of "hypocrisy," calling the former judge's friend a murdering "deranged societal misfit," and alleging that Posner hired a "serial liar" attorney to bolster his case.
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March 07, 2024
NY Times Fired Worker Who Needed Brain Surgery, Suit Says
The New York Times fired an accessibility manager who raised concerns about the company's compliance with disability access standards and asked for time off to undergo brain surgery, according to a new suit.
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March 07, 2024
NJ Appeals Court Revives Sex Bias Suit Against Mortgage Co.
A trial court jumped the gun when it threw out a former mortgage company employee's lawsuit alleging she was subjected to sexist comments and then forced to quit, a New Jersey state appeals court ruled, concluding she had not waited too long to file her suit.
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March 07, 2024
Pot Co. Worker Claims Retaliation For Spotting Bad Policies
A Hollywood Boulevard-located cannabis dispensary, Pineapple Express, terminated one of its top-selling employees after he complained about the ways it was failing to follow California marijuana laws, according to a lawsuit filed in Los Angeles County Court.
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March 07, 2024
Littler Employment Ace Jumps To Pillsbury In San Francisco
Pillsbury Winthrop Shaw Pittman LLP is boosting its Bay Area team, announcing Wednesday it is bringing in a Littler Mendelson PC employment litigator as a partner in its San Francisco office.
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March 06, 2024
SpaceX Hit With Employee's Sex Bias, Retaliation Claims
A SpaceX employee claims the astronautics company paid her less than male colleagues, slow-walked a promised promotion and retaliated against her when she reported her manager's sexual abuse, according to a lawsuit filed in California state court.
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March 06, 2024
Top Calif. Antitrust Atty Says Criminal Cases On The Horizon
California is poised to start prosecuting criminal antitrust cases under a Golden State law that is "broader" than federal law, a senior assistant attorney general for the California Department of Justice said Wednesday at a San Francisco conference.
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March 06, 2024
Pilgrim's Pride Escapes COVID-19 Death Suits, For Now
A Texas federal judge on Wednesday tossed without prejudice a suit seeking to hold Pilgrim's Pride Corp. liable for the COVID-19 deaths of an employee and the spouse of another worker, saying the plaintiffs failed to specify when the employees were allegedly exposed.
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March 06, 2024
Judge OKs McDonald's Atty-Client Privilege In Race Bias Fight
An Illinois magistrate judge on Tuesday mostly upheld McDonald's attorney-client privilege assertions over internal employee-investigation documents produced by outside counsel at Morgan Lewis & Bockius LLP in a contentious race bias lawsuit by former McDonald's executives against the fast-food giant, finding that McDonald's and the attorney haven't entirely waived privilege.
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March 06, 2024
Wash. High Court Takes Up Nu Skin Distributor Dispute
The Washington State Supreme Court will review whether a contract clause forces Nu Skin Enterprises Inc. distributors to go to Utah to settle claims that the multilevel marketing company harms consumers and violates a Washington law against pyramid schemes.
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March 06, 2024
Yellow Corp. Faces Pension Funds' Arbitration Bid In $6B Spat
Eleven retirement funds urged a Delaware bankruptcy judge Wednesday to order Yellow Corp. to arbitrate their claims worth over $6 billion, arguing it would be efficient to take the dispute before a benefits plan expert, while the trucking firm insisted that arbitration would delay its ongoing Chapter 11 proceedings.
Expert Analysis
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Vaccine Accommodation Suits Show Risk Of Blanket Policies
A recent federal class action alleging Tyson Foods inappropriately applied a one-size-fits-all response to Arkansas employees seeking religious COVID-19 vaccine exemptions, with similar suits going back to 2022, should remind employers to individually consider every worker request for a religious accommodation, say Christopher Pardo and Elizabeth Sherwood at Hunton.
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5 Trade Secret Developments To Follow In 2024
Recent cases and trends in trade secret law indicate that significant developments are likely this year, and practitioners should be anticipating their impact on the business and legal landscape, say attorneys at Faegre Drinker.
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Series
Baking Bread Makes Me A Better Lawyer
After many years practicing law, and a few years baking bread, I have learned that there are a few keys to success in both endeavors, including the assembly of a nourishing and resilient culture, and the ability to learn from failure and exercise patience, says Rick Robinson at Reed Smith.
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Federal Courts And AI Standing Orders: Safety Or Overkill?
Several district court judges have issued standing orders regulating the use of artificial intelligence in their courts, but courts should consider following ordinary notice and comment procedures before implementing sweeping mandates that could be unnecessarily burdensome and counterproductive, say attorneys at Curtis.
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Why CFTC Whistleblowers Are Crucial To Crypto Regulation
The U.S. Commodity Futures Trading Commission's whistleblower program has proven to be a key tool in the U.S.' efforts to police cryptocurrency, but a funding issue shows that it has become a victim of its own success, says Stephen Kohn at Kohn Kohn.
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PAGA Turns 20: An Employer Road Map For Managing Claims
As California’s Private Attorneys General Act turns 20, the arbitrability of individual and representative claims remains relatively unsettled — but employers can potentially avoid litigation involving both types of claims by following guidance from the California Supreme Court’s Adolph v. Uber ruling, say attorneys at Mintz.
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7 E-Discovery Predictions For 2024 And Beyond
The legal and technical issues of e-discovery now affect virtually every lawsuit, and in the year to come, practitioners can expect practices and policies to evolve in a number of ways, from the expanded use of relevancy redactions to mandated information security provisions in protective orders, say attorneys at Littler.
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Securities Class Actions Show No Signs of Slowing In 2024
Plaintiffs asserted securities class actions at elevated levels in 2023 — a sign that filings will remain high in the year ahead — as they switched gears to target companies that allegedly have failed to anticipate supply chain disruptions, persistent inflation, rising interest rates and other macroeconomic headwinds, say attorneys at Skadden.
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Workplace Challenges Amid Israeli-Palestinian Conflict
Recent tension over the Israeli-Palestinian conflict has caused challenges in the employment sphere, sparking the question of whether employees can be legally disciplined for speaking out on issues related to the conflict, which depends on various circumstances, says Alok Nadig at Sanford Heisler.
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Tips For Contractors Preparing For Potential Gov't Shutdown
With elements of the Congress’ latest continuing resolution expiring on Jan. 19, companies that may be fatigued by preparing for potential shutdown after potential shutdown should consider the current political climate and take specific steps now, say attorneys at Miller & Chevalier.
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5 Litigation Funding Trends To Note In 2024
Over the next year and beyond, litigation funding will continue to evolve in ways that affect attorneys and the larger litigation landscape, from the growth of a secondary market for funded claims, to rising interest rates restricting the availability of capital, says Jeffery Lula at GLS Capital.
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5 NLRA Changes To Make Nonunion Employers Wary In 2024
As the National Labor Relations Board continues pushing an aggressive pro-union agenda and a slate of strict workplace rules, nonunion employers should study significant labor law changes from 2023 to understand why National Labor Relations Act compliance will be so crucial to protecting themselves in the new year, say attorneys at Hunton.
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Expect National Security Scrutiny Of Higher Ed To Continue
In 2023, the federal government significantly elevated the national security responsibilities of academic communities, so universities and research laboratories should take a more rigorous approach to research partnerships, say attorneys at Crowell & Moring.
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High Court's Job Bias Questions May Predict Title VII Ruling
Employers may be able to predict — and prepare for — important changes to workplace discrimination laws by examining the questions the U.S. Supreme Court asked during oral arguments for Muldrow v. St. Louis, where several justices seemed to favor a low threshold for Title VII suits, says Wendy LaManque at Pryor Cashman.
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What To Know About FCA Cybersecurity Enforcement
Now is a good time for practitioners, government contractors and potential relators to review recent developments in cybersecurity-related False Claims Act enforcement, and consider best practices for navigating this space in the new year, say Ellen London at London & Stout, and Li Yu and Molly Knobler at DiCello Levitt.