Employment

  • September 18, 2024

    FBI Agent's Firing Squares With First Amendment, Feds Say

    The U.S. Department of Justice asked a District of Columbia federal judge to reject First Amendment claims by Peter Strzok, the FBI agent who was fired in 2018 after his disparaging text messages about Donald Trump became public and caused a scandal for the agency.

  • September 18, 2024

    Chicago Slams Airline Group's Suit Against Sick Leave Law

    Chicago's recently enacted paid sick leave law doesn't clash with federal law because it doesn't affect airlines' prices or routes, the city said, urging an Illinois federal judge to toss a trade group's challenge to the ordinance.

  • September 18, 2024

    House Panel Members Question Legitimacy Of Axed Tip Rule

    A U.S. House panel chair criticized Wednesday a tip credit rule that the Fifth Circuit recently vacated, calling it burdensome and out of touch.

  • September 18, 2024

    9th Circ. Breathes New Life Into Swimmers' Boycott Suit

    The Ninth Circuit has revived a class action from the International Swimming League and a trio of competitive swimmers accusing the sport's global governing body of orchestrating a de facto boycott of the upstart league, overruling a district court that threw out the case.

  • September 18, 2024

    Car Dealership Strikes Deal To End EEOC Disability Bias Suit

    A Maryland car dealership agreed to settle a U.S. Equal Employment Opportunity Commission lawsuit alleging it demoted and ultimately fired an employee because she suffered a traumatic brain injury in a motorcycle crash, according to a federal court order.

  • September 18, 2024

    Worker Drops Suit Alleging Retaliation For Discussing Wages

    A former employee of a company that designs and manufactures radiation detection devices dropped his suit accusing the company of firing him in retaliation for discussing wages with his colleagues, according to a filing in Connecticut state court.

  • September 18, 2024

    DraftKings Fired Engineer After Leave Request, Suit Says

    A former senior engineer for DraftKings Inc. says he was fired in retaliation for asking to take parental leave last year, according to a lawsuit filed in Massachusetts state court.

  • September 17, 2024

    DOJ Investigating Alaska US Atty's Office, Murkowski Says

    Sen. Lisa Murkowski revealed Tuesday that the U.S. Department of Justice is investigating the U.S. attorney's office in Anchorage following the resignation of an Alaska federal judge who reportedly had an "inappropriately sexualized relationship" with a law clerk even after she joined the prosecutors' office.

  • September 17, 2024

    EV Maker Lucid Illegally Fired Union Backers, Judge Finds

    An Arizona federal judge has granted a National Labor Relations Board official's petition for an injunction against electric vehicle manufacturer Lucid Motors, ordering the company to rehire two workers who were fired amid a United Auto Workers organizing campaign and to take other actions to remedy unfair labor practices.

  • September 17, 2024

    Ex-Topgolf Worker Drops Suit Over Racist Abuse

    Topgolf has escaped an Illinois federal lawsuit from a Black former employee who accused the golf entertainment chain of doing nothing in response to his complaints that fellow employees were creating a hostile work environment.

  • September 17, 2024

    UAW Says Stellantis Reneging On Deal To Reopen Ill. Plant

    Automaker Stellantis is failing to live up to a promise it made in its last contract with the United Auto Workers to reopen an idled plant in Illinois, the union said Monday.

  • September 17, 2024

    Ex-Worker Suing Over Bonuses Backed Axing Them, X Says

    X Corp. urged a California federal court to reject a former director's bid to certify a class that could exceed 2,000 members in his suit accusing it of reneging on promised bonuses after Elon Musk took over, saying the former employee was the one who axed the bonuses in the first place.

  • September 17, 2024

    Another Texas Judge Halts NLRB Case Over Constitutionality

    A Texas federal judge granted an injunction Monday to halt administrative proceedings at the National Labor Relations Board filed by a social services search engine, finding that the employer was likely to succeed on the merits of its argument that agency judges are unconstitutionally shielded from removal by the U.S. president.

  • September 17, 2024

    New Mexico School District Failed To Pay OT, Workers Say

    Workers for a New Mexico school district sued a local board of education claiming they were stiffed on overtime pay every other week, according to a complaint filed Tuesday in New Mexico federal court.

  • September 17, 2024

    Regeneron Raps Suit Alleging A Firing Was For Medical Leave

    Regeneron Pharmaceuticals urged a New York federal court to toss a former director's suit alleging she was terminated for using medical leave to care for her daughter and herself, saying her position was eliminated for financial reasons, and she hasn't proven any bias or retaliation.

  • September 17, 2024

    Ex-Manager of Dartmouth Student Paper Gets Prison For Theft

    A Vermont woman was sentenced Monday to 15 months in prison for stealing over $223,000 from Dartmouth College's student newspaper, where she had worked for nearly a decade as office manager.

  • September 17, 2024

    Brooklyn Feds Unveil Whistleblower Nonprosecution Plan

    The Brooklyn U.S. Attorney's Office on Tuesday announced an initiative to reward corporate whistleblowers with nonprosecution deals amid a broader effort by federal prosecutors to encourage voluntary disclosure of criminal activity.

  • September 17, 2024

    PAGA Claim On Unpaid Wages Dismissed In Joint Agreement

    A computer technician and an IT Services Company have agreed to dismiss the remaining representative claim in an unpaid wages case that raised questions about the interplay between California's Private Attorneys General Act and arbitration.

  • September 17, 2024

    Contracting Rules Don't Bar Union Requirement, GAO Says

    Government contractors can be mandated to enter into agreements with labor unions to qualify for deals, the U.S. Government Accountability Office ruled Monday in a company's protest of the requirement for a $6.6 billion deal.

  • September 17, 2024

    Clinic Settles EEOC Suit Over Vision-Impaired Worker's Firing

    The U.S. Equal Employment Opportunity Commission said Tuesday that a Maryland medical clinic has agreed to pay $75,000 to end the agency's suit accusing it of firing a vision-impaired worker who asked to have special software installed on her computer.

  • September 17, 2024

    Marshall Dennehey Adds Boyd & Jenerette Workers Comp Pro

    Marshall Dennehey is growing its workers compensation practice in Florida with the addition of a former Boyd & Jenerette PA partner.

  • September 17, 2024

    Cos. Risk Offside Call On Contractor Tax After HMRC Win

    The U.K. Supreme Court's decision Monday that Premier League referees count as employees for tax purposes means many companies may have to reassess their arrangements with contractors or risk higher tax costs in the future, tax experts say.

  • September 17, 2024

    In-House Atty Brings Bias Suit Over Firing After Miscarriage

    A former in-house attorney at chemicals company Arxada has launched a discrimination lawsuit in New Jersey state court accusing the business of unlawfully terminating her in the days after she showed interest in going on leave to recover from a miscarriage.

  • September 17, 2024

    Duane Morris Atty Asks Court To Keep Proposed Class Alive

    A Duane Morris LLP attorney asked a California federal court to keep her proposed class action against the firm alive, alleging the BigLaw firm is mischaracterizing her claims that it underpaid and misclassified employees.

  • September 17, 2024

    HSF To Boost Paid Leave For Parents And Carers

    Herbert Smith Freehills LLP said Tuesday that it will offer its employees increased leave for parents and carers, marking it the latest firm to offer improved policies to give staff greater support when they start a family.

Expert Analysis

  • Basics Of Collective Bargaining Law In Principle And Practice

    Excerpt from Practical Guidance
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    Rebecca Bernhard and Jennifer Service at Barnes & Thornburg discuss the nuts and bolts of what the National Labor Relations Act requires of employers during collective bargaining, and translate these obligations into practical steps that will help companies prepare for, and succeed during, the negotiation process.

  • Mich. Whistleblower Ruling Expands Retaliation Remedies

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    The Michigan Supreme Court's recent Occupational Health and Safety Act decision in Stegall v. Resource Technology is important because it increases the potential exposure for defendants in public policy retaliation cases, providing plaintiffs with additional claims, say Aaron Burrell and Timothy Howlett at Dickinson Wright.

  • New Employer Liability Risks In Old Ill. Genetic Privacy Law

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    Illinois’ Genetic Information Privacy Act has been litigated very sparsely, but two recent federal court decisions — Taylor v. Union Pacific and McKnight v. United Airlines — holding that preemployment family medical history questions violated the 1998 law may encourage more lawsuits, say Peter Berk and Madison Shepley at Clark Hill.

  • How States Are Approaching AI Workplace Discrimination

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    As legislators across the U.S. have begun addressing algorithmic discrimination in the workplace, attorneys at Reed Smith provide an overview of the status, applicability and provisions of 13 state and local bills.

  • The Risks Of Employee Political Discourse On Social Media

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    As election season enters its final stretch and employees increasingly engage in political speech on social media, employers should beware the liability risks and consider policies that negotiate the line between employees' rights and the limits on those rights, say Bradford Kelley and James McGehee at Littler.

  • A Preview Of AI Priorities Under The Next President

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    For the first time in a presidential election, both of the leading candidates and their parties have been vocal about artificial intelligence policy, offering clues on the future of regulation as AI continues to advance and congressional action continues to stall, say attorneys at Mintz.

  • What To Know About CFPB Stance On Confidentiality Terms

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    A recent circular from the Consumer Financial Protection Bureau represents a growing effort across government agencies to address overbroad confidentiality agreements, and gives employers insight into the bureau's perspective on the issue as it relates to the Consumer Financial Protection Act, say Holly Williamson and Elizabeth King at Hunton.

  • Court Denial Of $335M UFC Deal Sets Bold Antitrust Precedent

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    A Nevada federal court’s recent refusal to accept a $335 million deal between Ultimate Fighting Championship and a group of former fighters to settle claims of anticompetitive conduct was a rare decision that risks the floodgates opening on established antitrust case law, says Mohit Pasricha at Lawrence Stephens.

  • How Methods Are Evolving In Textualist Interpretations

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    Textualists at the U.S. Supreme Court are increasingly considering new methods such as corpus linguistics and surveys to evaluate what a statute's text communicates to an ordinary reader, while lower courts even mull large language models like ChatGPT as supplements, says Kevin Tobia at Georgetown Law.

  • 7th Circ. Rulings Offer Employee Vaccine Exemption Guidance

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    Dawn Solowey and Samantha Brooks at Seyfarth explain how two recent Seventh Circuit rulings in Passarella v. Aspirus and Bube v. Aspirus could affect litigation involving employee vaccine exemptions, and discuss employer best practices for handling accommodation requests that include both religious and secular concerns.

  • 5 Ways To Confront Courtroom Technology Challenges

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    Recent cybersecurity incidents highlight the vulnerabilities of our reliance on digital infrastructure, meaning attorneys must be prepared to navigate technological obstacles inside the courtroom, including those related to data security, presentation hardware, video playback and more, says Adam Bloomberg at IMS Legal Strategies.

  • Employers Should Not Neglect Paid Military Leave Compliance

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    An August decision from the Ninth Circuit and the settlement of a long-running class action, both examining paid leave requirements under the Uniformed Services Employment and Reemployment Rights Act, are part of a nationwide trend that should prompt employers to review their military leave policies to avoid potential litigation and reputational damage, says Bradford Kelley at Littler.

  • Old Employment Law Principles Can Answer New AI Concerns

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    Despite growing legal and regulatory concerns about how artificial intelligence tools may affect employment decisions and worker rights, companies should take comfort in knowing that familiar principles of employment law and established compliance regimes can still largely address these new twists on old questions, say attorneys at Foley & Lardner.

  • Navigating New Enforcement Scrutiny Of 'AI Washing'

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    The U.S. Securities and Exchange Commission's recent lawsuit against Joonko Diversity, its first public AI-focused enforcement action against a private company, underscores the importance of applying the same internal legal and compliance rigor to AI-related claims as other market-facing statements, say attorneys at Fried Frank.

  • Pa. Health Employers Must Prep For Noncompete Restrictions

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    Newly enacted legislation in Pennsylvania prohibits certain noncompete covenants for healthcare practitioners in the state beginning next year, creating compliance challenges that both employers and employees should be aware of, say attorneys at Buchanan Ingersoll.

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