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Employment
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March 06, 2024
Ex-Google Software Engineer Stole AI Secrets, Feds Say
A former Google software engineer was arrested Wednesday on accusations he illegally downloaded alleged trade secrets involving machine learning and taking them to startups he was involved with in China, according to the U.S. Department of Justice.
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March 06, 2024
Univar Will Appeal $190K Teamsters Pension Suit Loss
Univar Solutions is challenging an Illinois federal court's holding that the company owes over $190,000 to a Teamsters pension fund due to an automatic extension of contract language, saying Wednesday that it is appealing the decision to the Seventh Circuit.
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March 06, 2024
La. Drivers Get OT Since They Never Left State, 5th Circ. Told
An attorney for three delivery drivers urged the Fifth Circuit on Wednesday to revive a lawsuit claiming their Louisiana employer stiffed them on overtime pay, arguing a Fair Labor Standards Act carveout doesn't apply because the men traveled within state lines.
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March 06, 2024
Software Execs Tried To Save Co. With Trust Taxes, Jury Told
Prosecutors and defense attorneys on Wednesday painted competing pictures of two former software executives at the start of their tax fraud trial in North Carolina, with the government characterizing the pair as liars and cheaters while the defense claimed they were merely trying to right the ship as their business floundered.
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March 06, 2024
Sports Illustrated Betting Platform To Be Shut Down
The turmoil at Sports Illustrated continued Wednesday as its partner 888 Holdings PLC announced that it was terminating its sportsbook agreement with the brand's parent company, saying the scale of operating costs in the United States has made the venture untenable.
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March 06, 2024
3rd Circ. Questions Who Can Sue Under NJ Cannabis Law
The Third Circuit on Wednesday struggled to pinpoint whether workers can sue employers under a New Jersey law that protects them from punishment for cannabis use, while also expressing unease about accepting Walmart's assertion that state regulators possess broad enforcement authority.
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March 06, 2024
Mich. Judges Skeptical Taking Photos Is Eavesdropping
A Michigan appellate judge said on Wednesday that he was hesitant to interpret a decades-old eavesdropping statute to say that taking a photograph is the same as overhearing a conversation, in a union leader's attempt to go after a rival union for snapping a picture during his deposition.
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March 06, 2024
'Anarchists' Don't Absolve Newspaper Unions, Pa. Panel Told
A Pennsylvania judge's finding that "anarchists" had joined up with striking unions outside a Pittsburgh Post-Gazette facility should not let the unions off the hook for blocking delivery vehicles from going in and out of the facility's parking lot, an attorney for the newspaper's publisher argued before a state appellate panel Wednesday.
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March 06, 2024
3rd Circ. Bristles At Exxon Ignoring OSHA Whistleblower Order
A Third Circuit panel on Wednesday seemed exasperated with ExxonMobil's refusal to reinstate two fired whistleblowers despite an Occupational Safety and Health Administration order to do so, repeatedly grilling the energy company's counsel to come up with a good reason for flouting the directive.
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March 06, 2024
Liff Walsh Adds Ex-DOL Atty To Lead Employment Team
Liff Walsh & Simmons added a partner with experience at the U.S. Department of Labor and doing public interest work to lead and expand its labor and employment practice.
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March 06, 2024
Republicans Advance Bicameral Effort To Halt Contractor Rule
Republican lawmakers in the U.S. Senate and House introduced legislation Wednesday that aims to pump the brakes on the U.S. Department of Labor's independent contractor rule a few days before it goes into effect.
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March 06, 2024
Connecticut Marshals Union Pushes For Lower Job Cap
Connecticut law authorizes the appointment of far more state marshals than necessary, the workers' union told state lawmakers Wednesday, in support of a new bill that would lower the cap and give job candidates incentive to choose the marshals service as a career.
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March 06, 2024
Ga. Public Defender's Office Beats Ex-Staffer's Bias Suit
The Georgia Court of Appeals has overturned a 22-year-old ruling and ended a wrongful termination bid by a former public defender employee with breast cancer, saying the state didn't waive its sovereign immunity by enacting the Fair Employment Practices Act.
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March 06, 2024
NJ Deputy Public Defender Claims Cancer Led To Demotion
The New Jersey Office of the Public Defender was hit with a lawsuit suit by an attorney claiming her breast cancer and subsequent need for accommodation led to a demotion and that she endured hostility and discrimination in her new post.
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March 06, 2024
Seton Hall Accused Of 'Sham' Probe Into Alleged Misconduct
Seton Hall University's ex-president has filed an amended whistleblower complaint against the school that centers on alleged misconduct by its former board chair, prominent criminal defense attorney Kevin Marino of Marino Tortorella & Boyle PC, contending that the university launched a fake investigation into accusations of sexual harassment.
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March 06, 2024
Chamber, Trade Groups Revamp Contractor Rule Challenge
The U.S. Chamber of Commerce and a slew of trade groups revamped their lawsuit in Texas federal court accusing the U.S. Department of Labor of violating federal law when it issued its latest independent contractor rule, alleging it tried to circumvent a court's earlier ruling.
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March 06, 2024
Challenge To Pfizer Diversity Program Fails At 2nd Circ.
The Second Circuit declined Wednesday to revive an advocacy group's suit claiming a Pfizer diversity fellowship unlawfully discriminated against white and Asian workers, ruling the nonprofit had no legal foothold because it wouldn't specifically identify anyone allegedly harmed.
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March 06, 2024
Logistics Co. Escapes Ex-Worker's Age Bias Suit For Now
A federal judge has tossed a man's suit claiming a logistics company forced him to quit because he's in his 60s, saying it appeared that the ex-employee should have invoked the laws of Pennsylvania, not New Jersey.
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March 06, 2024
Correctional Facility Settles Inmate's HIV Bias Suit
A Pennsylvania county and a private correctional facility management company agreed to end a former inmate's suit claiming he was unlawfully barred from working in the kitchen after his HIV status was improperly disclosed, his attorneys announced Wednesday.
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March 05, 2024
Employer Can't Dodge Paystub Fight Fine, Calif. Justices Told
A former security guard urged the California Supreme Court at a hearing Tuesday to find that his employer must pay retroactive civil penalties for knowingly and intentionally violating wage statement requirements for years while litigating claims it eventually lost, arguing the state labor code doesn't include a good-faith dispute defense.
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March 05, 2024
Penn Perpetuates 'Virulent Anti-Jewish Hatred,' Students Say
The University of Pennsylvania has fostered a culture of antisemitism that has only escalated since Hamas-led killings in Israel on Oct. 7, according to an amended federal complaint accusing the school of cultivating a "pervasively hostile educational environment."
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March 05, 2024
Wash. Court Says Dept. Jumped Gun On Weed Co. Wage Suit
The Washington Department of Labor and Industries prematurely commenced a wage action against a cannabis company, state appellate judges ruled, because it had not yet determined how much the company owed its workers.
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March 05, 2024
3rd Circ. Skeptical Of Teamsters' Belated Wage Grievance
A Third Circuit panel appears likely to uphold a decision dismissing a union's wage grievance win despite buying that a cemetery operator disregarded their deal after all but agreeing Tuesday with a district court judge that the union waited too long to object to the company's alleged violation.
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March 05, 2024
Look At Settlement, Atty Tells 5th Circ. In Arguing For $1M Cut
The attorney representing a KBR Inc. whistleblower countered the federal government's assertion that his client should not benefit from a $13.7 million settlement stemming from kickback allegations, telling the Fifth Circuit on Tuesday to look at the deal's terms.
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March 05, 2024
DC Circ. Nixes Big Tech Child Labor Suit
The D.C. Circuit on Tuesday ruled that tech companies facing suit for using cobalt mined with child labor didn't share in a "venture" with the companies responsible for extracting the metal, upholding a district court decision to dismiss the suit.
Expert Analysis
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NLRA Expansion May Come With Risks For Workers
The last few years have seen a rapid expansion of the National Labor Relations Act to increase labor law coverage in as many ways and to as many areas as possible, but this could potentially weaken rather than strengthen support for unions and worker rights in the U.S., says Daniel Johns at Cozen O’Connor.
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What One Litigator Learned Serving On A Jury
Kilpatrick attorney April Isaacson shares insights for trial lawyers from her recent experience serving on a jury for the first time, including lessons about the impact of frequent sidebars, considerations for using demonstratives, the importance of clear jury instructions, and the unconscious habits that can drive jurors mad.
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Opinion
Noncompete Report Misinterpreted Critique Of FTC Proposal
A recent report on core questions surrounding the use of employee noncompete agreements published by the Economic Innovation Group misconstrues our stated views on the issue — and we stand behind our conclusion that the Federal Trade Commission made misrepresentations when proposing a rule to ban such provisions nationwide, say Erik Weibust and Stuart Gerson at Epstein Becker.
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What The NLRB Wants Employers To Know Post-Cemex
Recent guidance from the National Labor Relations Board illuminates prosecutorial goals following Cemex Construction Materials, a decision that upended decades of precedent, and includes several notable points to which employers should pay close attention, say attorneys at Perkins Coie.
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4 Legal Ethics Considerations For The New Year
As attorneys and clients reset for a new year, now is a good time to take a step back and review some core ethical issues that attorneys should keep front of mind in 2024, including approaching generative artificial intelligence with caution and care, and avoiding pitfalls in outside counsel guidelines, say attorneys at HWG.
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2 Cases Highlight NJ Cannabis Employment Law Uncertainties
More than two years after its enactment, the employee protections and employer obligations in New Jersey's Cannabis Regulatory, Enforcement Assistance and Marketplace Modernization Act remain unsettled, and two recent lawsuits draw attention to the law's enforceability and its intersection with federal law, say Ruth Rauls at Saul Ewing and David White at Seton Hall.
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3 Compliance Reminders For Calif. Employers In 2024
As we enter into the new year, several recent updates to California employment law — including minimum wage and sick leave requirements — necessitate immediate compliance actions for employers, says Daniel Pyne at Hopkins & Carley.
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What The Law Firm Of The Future Will Look Like
As the legal landscape shifts, it’s become increasingly clear that the BigLaw business model must adapt in four key ways to remain viable, from fostering workplace flexibility to embracing technology, say Kevin Henderson and Eric Pacifici at SMB Law Group.
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Navigating Class Actions After Papa John's Settlement Denial
A Kentucky federal court's surprising denial of preliminary approval for a $5 million settlement in the Papa John's no-poach case may prove to be an outlier but suggests a class action settlement would only be approved when a plaintiff demonstrates that a litigation class would be certified, say attorneys at Robins Kaplan.
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4 PR Pointers When Your Case Is In The News
Media coverage of new lawsuits exploded last year, demonstrating why defense attorneys should devise a public relations plan that complements their legal strategy, incorporating several objectives to balance ethical obligations and advocacy, say Nathan Burchfiel at Pinkston and Ryan June at Castañeda + Heidelman.
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Sex Harassment Arbitration Exemption: Devil Is In The Date
A Federal Arbitration Act amendment that exempts workplace sexual harassment claims from arbitration is muddled in ongoing confusion about its chronological reach — and as many such cases begin to run up against applicable statutes of limitations, the clock is ticking for claimants to bring their actions in court, says Abe Melamed at Signature Resolution.
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Compliance Refresher Amid DOL Child Labor Crackdown
In light of the Labor Department’s recent announcement of new penalty assessment procedures for child labor law violations, Erica MacDonald and Sylvia Bokyung St. Clair at Faegre Drinker discuss what employers should know about the department’s continued focus on this issue and how to bolster compliance efforts.
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Antitrust Enforcement Initiatives To Watch In 2024
The U.S. Department of Justice is likely to prioritize information-sharing prosecutions in 2024, following last year's withdrawal of safe harbors, as well as labor market enforcement after trial losses forced a pullback in 2023, say attorneys at Fried Frank.
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Law Firm Strategies For Successfully Navigating 2024 Trends
Though law firms face the dual challenge of external and internal pressures as they enter 2024, firms willing to pivot will be able to stand out by adapting to stakeholder needs and reimagining their infrastructure, says Shireen Hilal at Maior Consultants.
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Top 10 Employer Resolutions For 2024
From technological leaps to sea changes in labor policy to literal sea changes, 2024 provides opportunities for employers to face big-picture questions that will shape their business for years to come, say Allegra Lawrence-Hardy and Lisa Haldar at Lawrence & Bundy.