Employment

  • April 27, 2022

    Union Drops $1.3M Benefits Suit Against Concrete Co.

    A Chicago union representing construction workers dropped its lawsuit accusing a concrete company of failing to pay $1.3 million in fringe benefits and more than $639,000 in unpaid wages.

  • April 27, 2022

    Insurers, McD's Franchisees Settle BIPA Coverage Dispute

    Two insurers and 26 Illinois-based McDonald's franchisees reached a settlement in their dispute over whether coverage exists for a class action accusing the restaurant owners of violating Illinois' data privacy law by improperly collecting and sharing employee fingerprint scans.

  • April 27, 2022

    Ga. Counties Ask 11th Circ. To Toss Ex-Judge's Sex Bias Suit

    Two Georgia counties accused by a former juvenile court chief judge of work-related sex bias and retaliation asked the Eleventh Circuit on Wednesday to uphold a lower court's dismissal of her pay disparity case, saying she was not their employee.

  • April 27, 2022

    Hospital Wants Pension Debt Dispute With Union Kept Alive

    A Pittsburgh-area hospital urged a Pennsylvania federal judge to preserve litigation accusing its workers' union of illegally hitting it with a surprise bill seeking over $288,000 in pension contributions, saying the union's dismissal argument mischaracterizes the lawsuit.

  • April 27, 2022

    ICE Contractor Reaches Deal To End 6-Year Meal Break Suit

    A U.S. Immigration and Customs Enforcement subcontractor and a group of workers who guarded deported migrants on flights to their countries of origin agreed to a $240,000 settlement to close out a long-running dispute over the nature of meal breaks for workers stuck on airplanes.

  • April 26, 2022

    Orrin Hatch's IP Influence Goes Far Beyond Generic Drugs

    Orrin Hatch, the longtime Republican senator from Utah who died Saturday, has his fingerprints all over the current intellectual property system, where across 42 years he worked on legislation ranging from the Hatch-Waxman Act for generic drugs to the anti-piracy Digital Millennium Copyright Act.

  • April 26, 2022

    Union Can't Block Rail Co. From Using Biometric Time Clocks

    A New York federal judge has axed a railway union's bid to stop Metro-North from implementing a timekeeping system that would require locomotive engineers to scan their fingerprints, finding on Monday the labor spat is a "minor" dispute that can't be resolved in district court under federal law.

  • April 26, 2022

    Balwani Jurors Can Hear If Investors Knew He Dated Holmes

    A California federal judge overseeing the fraud trial of ex-Theranos executive Ramesh "Sunny" Balwani ruled Tuesday that prosecutors can ask a DeVos family wealth manager and other investors if they knew Balwani and ex-Theranos CEO Elizabeth Holmes were dating, rejecting Balwani's assertion that the relationship isn't relevant.

  • April 26, 2022

    Justices' Jurisdiction Review Could Prove 'Seismic' To Cos.

    The U.S. Supreme Court's decision on Monday to take up a case about the reach of a Pennsylvania law could have a "seismic impact" on corporate litigation if the justices rule that a state can exercise jurisdiction over companies registered to do business there, legal experts told Law360.

  • April 26, 2022

    Week In Bankruptcy: InfoWars' Shaky Start, Releases Still Roil

    Alex Jones moved three holding companies into bankruptcy last week to shield his intellectual property from defamation suits, immediately drawing the ire of the Sandy Hook families that sued him for defamation, the Office of the U.S. Trustee and the judge overseeing the cases; the U.S. trustee continued its national crusade against non-consensual third-party releases; and mass tort cases chugged along. This is the week in bankruptcy.

  • April 26, 2022

    Wonder Bread Maker, Drivers Get OK For $23M Wage Deal

    A Maine federal court on Tuesday gave its blessing to a deal worth approximately $23.1 million resolving a trio of cases accusing Wonder Bread maker Flowers Foods Inc. of misclassifying distributor drivers as independent contractors, allegedly leading to unpaid overtime and unlawful deductions from paychecks.

  • April 26, 2022

    9th Circ. Affirms Walmart's Nix Of Model's Employment Suit

    Walmart's classification of a model who worked on several photo shoots across 15 nonconsecutive days in a 13-month period as an independent contractor was in good faith and it needn't pay penalties for failing to pay her immediately after each shoot, the Ninth Circuit affirmed Tuesday.

  • April 26, 2022

    Alcoa Fights Class Certification Bid In Retiree Benefits Suit

    Aluminum producer Alcoa USA Corp. urged an Indiana federal judge to deny class status to roughly 3,100 retirees alleging its health insurance cutbacks violated federal law and their union contracts with the United Steelworkers, arguing that retirees who worked at different facilities shouldn't be allowed to sue collectively.

  • April 26, 2022

    Migrant Advocates Push For Cert. In Juvenile Work Permit Suit

    Immigrant advocates have urged a California federal court to certify two classes of vulnerable juveniles waiting for U.S. Citizenship and Immigration Services to process their visa applications, saying new agency guidance for child abuse survivors doesn't address their allegations.

  • April 26, 2022

    Calif. Fines Staffing Cos., Farm $3.8M For Virus Leave Silence

    The California Labor Commissioner's Office said Tuesday it has fined three staffing agencies and a farm they supplied with workers nearly $3.8 million for allegedly failing to inform over 3,400 temporary workers about supplemental paid sick leave for COVID-19.

  • April 26, 2022

    Former VP Hits Insurance Co. With Age Discrimination Suit

    A former vice president at insurance company Arthur J. Gallagher & Co. said he was illegally fired because of his age and replaced by a much younger worker, and wants to hold his former employer accountable.

  • April 26, 2022

    Ga. Judicial Investigator Urges Better Social Media Training

    Georgia judges need better education on appropriate social media use, an investigator with the Judicial Qualifications Commission of Georgia said in a special concurrence to an order dismissing a case over a state trial court judge's Facebook post.

  • April 26, 2022

    Racism Rampant At Tesla Factory, Black Worker Says

    A Black Tesla worker sued the electric vehicle maker in California state court, claiming that racial slurs were scrawled on the walls of the restrooms of the plant she worked in and that she endured mistreatment from an abusive supervisor who called the factory “the plantation.”

  • April 26, 2022

    Hospital Beats Title VII Claim Over Gender-Affirming Care

    A federal court tossed a worker's claim that a St. Louis hospital violated Title VII by refusing to cover treatment for her transgender son's gender dysphoria, but said her Affordable Care Act claim can move forward.

  • April 26, 2022

    11th Circ. Tosses Race And Sex Bias Case Against Ala. County

    The Eleventh Circuit backed the dismissal of a Black corrections officer's race and sex bias suit alleging she was paid less than her male co-workers, saying Tuesday she couldn't sue the Alabama county she worked in because it wasn't her employer.

  • April 26, 2022

    Construction Co. Settles Raiding Claims With Former Director

    A Houston-based construction company and its former employee have settled a dispute in Texas federal court that accused the employee of poaching some of the company's top staff and misusing its trade secrets after he formed a rival firm.

  • April 26, 2022

    4th Circ. Revives Sexual Harassment Suit Against Judiciary

    A designated Fourth Circuit panel on Tuesday reinstated some claims in a sexual harassment suit brought by a former North Carolina assistant federal public defender accusing federal judiciary officials of mishandling her complaints, but declined to rule that internal procedures designed to redress workplace misconduct claims are unconstitutional.

  • April 25, 2022

    Ex-LA Water Chief Gets 6-Year Sentence In Corruption Case

    The former general manager of the Los Angeles Department of Water and Power was sentenced Monday to six years in federal prison for steering a $30 million no-bid government contract to an attorney friend who bribed him, according to the U.S. Department of Justice.

  • April 25, 2022

    'Stubborn Fruit': Could Justices Finally Toss 'Lemon' Test?

    The case of the praying high school football coach divided the U.S. Supreme Court on Monday, but some conservative justices appeared in agreement that the so-called Lemon test for religion cases seems to still be causing confusion despite lying dormant for 20 years.

  • April 25, 2022

    NJ High Court Finds Record Lacking Over City's Payroll Tax

    The New Jersey Supreme Court suggested Monday that a lawsuit over a Jersey City law taxing employer payrolls should return to the trial court level to further develop the record surrounding claims that it violates the U.S. Constitution's commerce clause by excluding workers who live there from the tax calculations.

Expert Analysis

  • Opinion

    US Should Broaden Visa Interview Waivers Amid Pandemic

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    To help ease processing delays, the U.S Department of State and Biden administration should encourage consular posts to implement recently expanded in-person interview waivers for nonimmigrant visa applicants, and extend the policy to include certain immigrant visa applications, says Dominique Pando Bucci​ at Kurzban Kurzban.

  • Top 10 Whistleblowing And Retaliation Events Of 2021

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    Last year's most important whistleblower developments will likely reverberate into 2022 and beyond, with key court rulings and legislative advancements poised to expand protections, and a record-breaking amount of awards issued by the U.S. Securities and Exchange Commission likely to incentivize more information sharing, say Steven Pearlman and Pinchos Goldberg at Proskauer.

  • Bid Protest Spotlight: Nonpublic Info, Brand Names, Prejudice

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    In this month's bid protest roundup, Roke Iko at MoFo discusses three decisions from the U.S. Government Accountability Office and the Federal Circuit, which shed light on the risks of involving former government employees with nonpublic information in the proposal process, requirements for brand-name justification, and when a presumption of prejudice exists.

  • Mitigating Risks In Virtual Work Immigration Programs

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    As the pandemic accelerates a global shift in immigration policy objectives from boosting tourism toward long-term economic growth, to the benefit of remote workers, employers must implement solid risk mitigation tactics that track evolving requirements that already varied from country to country, says Nofisatu Mojidi at Fragomen.

  • Jones Act Compliance Strategies For Offshore Wind Projects

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    Offshore wind developers can use a number of strategies to get projects done while meeting the challenges of complying with Jones Act requirements for the use of vessels built, owned and operated by U.S. persons, say Jonathan Wilconis and Carl Valenstein at Morgan Lewis.

  • A Tale Of Two Cases: Lessons In No-Poach Litigation

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    Attorneys at Hunton compare two recent no-poach cases, Aya Healthcare v. AMN Healthcare and Pittsburgh Logistics Systems v. Beemac Trucking, which dealt with seemingly similar provisions but reached different results, offering guidance to avoid or combat these crucial antitrust issues.

  • Top 5 Drug And Medical Device Legal Issues Of 2021

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    Two years into the pandemic, COVID-19 continues to drive significant legal developments for drug and device companies, but opioid, personal jurisdiction and litigation funding trends are noteworthy as well, say attorneys at Faegre Drinker.

  • Navy Vaccine Religious Exemption Ruling Warrants Scrutiny

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    A Texas federal court’s recent order, relying on the Religious Freedom Restoration Act to enjoin the Navy from disciplining service members who refused the COVID-19 vaccination on religious grounds, ignores U.S. Supreme Court precedent and raises serious questions about the scope of the First Amendment's free exercise clause, says George Chuzi at Kalijarvi Chuzi.

  • Workers' Comp Considerations As Ga. Cannabis Laws Evolve

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    With medical marijuana legislation in Georgia expected to implicate workers’ compensation claims, to address potential issues related to cannabis prescribed for work-related injuries, employers should implement zero-tolerance drug policies and strong screening methods, and keep apprised of the ever-changing policy and litigation landscapes, says Joanna Hair at Swift Currie.

  • How To Navigate The Coming Antitrust Policy Tests

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    Attorneys at Proskauer explain how to steer the course in antitrust law this year as 2021's policy changes are tested in court challenges, and play out not only in Congress, but also in the political mainstream.

  • Associate Hiring Outlook At Law Firms Is Bright For 2022

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    After a year of extraordinary signing bonuses, nearly instantaneous offers and flexible work arrangements, strong demand for talented law firm associates will continue into 2022 — with some differences between East and West Coast markets — and junior attorneys should take steps to capitalize on the opportunity, say Ru Bhatt and Summer Eberhard at Major Lindsey.

  • Roundup

    The Most-Read Legal Industry Guest Articles Of 2021

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    Popular legal industry guest articles this year included commentary on the admissibility of video depositions, an unusual U.S. Supreme Court citation, the perils of lawyer perfectionism, and more.

  • Injunctions May Only Pause Gov't Contractor Vaccine Mandate

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    Notwithstanding a string of recent decisions enjoining implementation of President Joe Biden's COVID-19 vaccine mandate for government contractors, it would be prudent for contractors to keep compliance infrastructure in place as litigation continues, says Richard Arnholt at Bass Berry.

  • A Law Firm Leader's Guide To Seeking Effective Feedback

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    Law firm leaders often claim to have their fingers on the pulse of the people in their firms, but perspectives can be heavily weighted toward certain partners, so leaders should take certain steps to ensure they receive well-rounded feedback that helps them make more informed decisions, says Jennifer Johnson at Calibrate Legal.

  • How SEC Proposal Would Change Stock Buyback Landscape

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    The U.S. Securities and Exchange Commission's recent proposal to enhance and modernize public companies' disclosures concerning repurchases of their own equity securities may result in significant changes in the popularity and conduct of stock buybacks, say Justin Chairman and Celia Soehner at Morgan Lewis.

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