Employment

  • December 06, 2022

    Pepsi's $13M Unpaid Wages Suit From Kronos Hack OK'd

    A New York federal judge on Friday gave his preliminary blessing to a $12.75 million settlement resolving claims asserted by 70,000 employees against PepsiCo, New Tiger LLC and their subsidiaries over a cybersecurity breach of a third-party timekeeping system that shorted some nonexempt workers of their pay.

  • December 06, 2022

    3rd Circ. Backs Pitt's Win In Croatian Ex-Instructor's Bias Suit

    The Third Circuit said Tuesday that a former University of Pittsburgh dental instructor can't get a new trial in her lawsuit claiming she was fired because of her Croatian ethnicity, ruling there was nothing wrong with a district court's jury instructions.

  • December 06, 2022

    Judge Shrinks J&J's Potential Damages Recovery In IP Row

    A Delaware federal judge has limited how much Johnson & Johnson could potentially get in damages in a suit accusing Alcon of selling laser systems that allegedly ripped off copyrighted J&J computer programs.

  • December 06, 2022

    9th Circ. Appears Skeptical Arbitration Clause Fair To Janitors

    Ninth Circuit judges on Tuesday seemed sympathetic to workers who say their franchise agreements with a janitorial company are unfair and unenforceable under Washington and Oregon law because they require workers to undergo costly arbitration that they can't afford.

  • December 06, 2022

    Curaleaf Chicago Must Bargain With Union, NLRB Says

    Cannabis company Curaleaf violated federal law when it refused to bargain with United Food & Commercial Workers Local 881, which represents the company's product specialists at its Chicago location, a National Labor Relations Board panel ruled Monday.

  • December 06, 2022

    Employment Visa Bill Faces Criticism Ahead Of House Vote

    A proposal to ease labor shortages by eliminating per-country limits on employment visas — slated for a vote in the U.S. House of Representatives this week — could be stymied by criticism that it fails to address inequities that Black migrants experience.

  • December 06, 2022

    9th Circ. Backs PNC Loan Officers' Win In Unpaid Breaks Suit

    PNC Bank violated state law when it failed to pay for rest breaks separately to a class of mortgage loan officers, the Ninth Circuit ruled Tuesday, maintaining a California district court's ruling that relied on a state appeals court's precedent.

  • December 06, 2022

    Judge Sends Uber, Lyft Price-Fixing Suit Back To State Court

    A California federal judge on Monday allowed three Uber and Lyft drivers to return to state court their first-of-its-kind proposed class action claiming that the companies have been price-fixing ride fares, finding that the state law claims do not meet the requirements for federal jurisdiction.

  • December 06, 2022

    7th Circ. Vexed By Teacher's Bid To Revive Union Dues Suit

    The Seventh Circuit on Tuesday seemed hesitant to revive an English teacher's lawsuit looking to recoup union dues she paid before learning membership was optional, saying she seems to have voluntarily authorized the payments by signing and submitting her application.

  • December 06, 2022

    NC Health Plan's Trans Care Ban Violates ACA, Judge Says

    A federal judge found that a North Carolina health plan's refusal to cover gender dysphoria treatment violated the Affordable Care Act by discriminating against transgender state workers, a decision that comes six months after the court found the policy exclusion violated Title VII.

  • December 06, 2022

    Union Gets Black Pipe Fitter's Race Bias Suit Tossed

    An Oklahoma federal judge granted a win to a labor union Monday, tossing out a lawsuit from a member alleging the union did not do enough to stop white members from making racist statements and jokes and that it prevented Black members from advancing in their jobs.

  • December 06, 2022

    Calif. Fast Food Wage Law Challenged By Industry Opponents

    A coalition of restaurants announced Monday that it collected and submitted enough signatures to repeal a monumental California law passed on Labor Day that could raise wages for fast-food workers to $22 an hour, which the group claims would have "damaging impacts" on small and minority-owned businesses.

  • December 06, 2022

    Judge Rejects Baseball Bat Makers' IP Suit Dismissal Motion

    A Florida federal judge has adopted the recommendations of a magistrate judge to deny a motion to dismiss or transfer a lawsuit alleging that a sports equipment maker infringed a trademark owned by ex-MLB player Yoenis Cespedes, saying there were no timely objections to the magistrate judge's ruling.

  • December 06, 2022

    5th Circ. Weighs Whether Costs Halt DOL Tip Rule

    A Fifth Circuit panel seemed conflicted Tuesday on whether the estimated costs triggered by a U.S. Department of Labor rule regulating tipped wages were enough to halt the rule, as the appeals court is mulling a Texas federal court's decision letting the rule stand.

  • December 06, 2022

    Sheppard Mullin Employment Pro Joins Reed Smith In LA

    Reed Smith bolstered its Los Angeles office with a partner from Sheppard Mullin who has nearly 25 years of experience helping businesses handle a wide array of labor and employment issues and a commitment to enhancing the firm's diversity initiatives, according to the firm. 

  • December 06, 2022

    2nd Circ. Leans Toward Reviving GM Worker's Bias Suit

    A Second Circuit panel appeared skeptical Tuesday of General Motors' position that years of racism and sexism a Black safety worker said she faced at a New York plant didn't support her harassment and discrimination case.

  • December 06, 2022

    Southwest Ordered To Reinstate Anti-Abortion Worker

    Southwest Airlines Co. must rehire a former flight attendant who successfully sued the airline, claiming she was fired for her anti-abortion views, a Texas federal judge ruled, but he cut the damages she is owed from about $5 million to $800,000.

  • December 06, 2022

    Black Oil Rig Worker Wins $24K In EEOC Race Bias Suit

    A jury awarded a Black former oil rig worker $24,375 in a racial bias suit filed by the U.S. Equal Employment Opportunity Commission that alleged his employer allowed rampant harassment and discrimination.

  • December 06, 2022

    IP Firm, Attys Owe $346K In Payroll Taxes, US Says

    The U.S. government asked a D.C. federal court Tuesday to force a law firm specializing in intellectual property to pay $346,000 in payroll taxes and penalties, saying the firm and its managing partners have not paid the bill in full since 2016.

  • December 05, 2022

    Fired Atty Tried To Lure Colleagues Away, Denver Jury Told

    Prominent Denver personal injury attorney Frank Azar made his opening arguments Monday in his firm's lawsuit against a former attorney for the firm whom Azar accused of trying to steal the firm's class action department.

  • December 05, 2022

    9th Circ. Skeptical Of Hospital Challenge To COVID 'Hero Pay'

    A Ninth Circuit panel struggled Monday with a California hospital's bid to invalidate Culver City's so-called hazard pay ordinance requiring it to give certain workers a temporary raise, questioning how the proposal interfered with any negotiations or existing labor contracts.

  • December 05, 2022

    Atlantic Records, Warner Accused Of Covering Up Sex Abuse

    Atlantic Records and Warner Music Group propped up and kept hidden serial abuse by the companies' top brass, according to a complaint filed Sunday in New York state court under the newly enacted New York Adult Survivors Act brought by a former executive who says two of the record label's leaders sexually assaulted her.

  • December 05, 2022

    The Odd Hypotheticals In The High Court's LGBTQ Hearing

    The justices on the U.S. Supreme Court ran through a gamut of hypothetical scenarios Monday as they considered whether a Christian web designer has a First Amendment right to turn down same-sex weddings. Their questions ranged from the amusing to the uncomfortable, like Justice Samuel Alito Jr.'s clumsy joke about Black children wearing KKK outfits.

  • December 05, 2022

    9th Circ. Vacates NLRB Injunction Against Ore. Broadcaster

    A divided Ninth Circuit panel vacated an emergency injunction Monday forcing a broadcaster to resume dealing with a union, faulting a district court for inferring that the company's rebuke would undermine union support despite the National Labor Relations Board's lack of evidence.

  • December 05, 2022

    Calif. AG Backs Uber Worker To Keep PAGA Claims In Court

    Workers' claims under California's Private Attorneys General Act can stay in courts while their individual ones are in arbitration, the state's attorney general said Monday, backing a former Uber driver's bid to keep his PAGA claims alive in court.

Expert Analysis

  • Pros And Cons Of NY's New Student-Athlete NIL Law

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    The New York Collegiate Athletic Participation Compensation Act, recently signed into law, authorizes student-athletes to receive compensation for using their name, image and likeness for endorsements without forfeiting their eligibility to compete, but there are significant concerns that NIL laws do not sufficiently regulate the industry, says Kevin Fritz at Meister Seelig.

  • Nonstatutory Labor Antitrust Exemption Risk In Sports Unions

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    Given the increased focus on union organizing across all industries, sports leagues and other multiemployer groups should be mindful of the unresolved breadth of the nonstatutory labor exemption — which can allow individuals to bring antitrust claims during the bargaining period — as they navigate a rapidly changing legal landscape, say attorneys at Latham.

  • Why NIL Policy Isn't A Game Changer For Int'l Students

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    While it's been over a year since the NCAA's groundbreaking policy change allowing paid sponsorships, most international student-athletes will be unable to benefit until U.S. government agencies clarify the immigration consequences, says Gabriel Castro at BAL.

  • To Avoid A Rail Strike, Congress Tread A Well-Worn Path

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    While the congressional legislation President Joe Biden signed this week to avoid a national rail shutdown may seem extraordinary, interventions of this sort have been used a dozen times since the passage of the Railway Labor Act in 1926, making them far from unprecedented, says Charles Shewmake at Holland & Knight.

  • 5 Takeaways From The SEC's Annual Whistleblower Report

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    Jane Norberg and Adam Reinhart at Arnold & Porter offer insights into the U.S. Securities and Exchange Commission's recent 2022 whistleblower report — including the agency's increased focus on whistleblower impeding cases, initial coin offerings and cryptocurrency — as the agency continues to receive a record-breaking number of tips.

  • Reviewing Separation Agreement Compliance Before Layoffs

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    As a potential recession triggers layoff considerations, employers should begin reviewing their separation agreement templates to ensure they include the desired protections for the employer while complying with applicable, and recently amended, state laws, says Victoria Hubona at Sheppard Mullin.

  • Safeguarding Attorneys' Greatest Asset: Our Mental Health

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    Attorneys who understand that mental fitness is their most valuable characteristic should prioritize mental health care accordingly, including with certain activities they may not realize qualify as self-care, says Wendy Robbins at Holland & Knight.

  • How 6th Circ. Flint Ruling Adds To 5th Amendment Case Law

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    The Sixth Circuit’s recent decision in Walters v. Snyder, holding that witnesses can testify at deposition but later invoke their right against self-incrimination at trial in the same case, is significant and long overdue in Fifth Amendment jurisprudence — but its practical effect is limited in parallel proceedings, say Ronald Blum and Rebecca Kimmel at Manatt.

  • Top 10 Labor And Employment Issues In M&A Transactions

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    In order to ensure that M&A transactions come to fruition in the current uncertain environment, companies should keep several labor and employment issues in mind during the due diligence process to minimize risk, says Cassidy Mara at Akerman.

  • Political Bias Ruling Clarifies NY Law's Worker Protections

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    The Second Circuit recently held in Truitt v. Salisbury Bank and Trust that the bank potentially violated New York’s Labor Law by forcing an employee to choose between his job and engaging in protected political activity, providing helpful guidance on a section of the law that addresses such issues, says Michael Pospis at Pospis Law.

  • New Human Trafficking Mandate Raises Contractor Risk

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    A new law that requires agency heads to report human trafficking activity increases government contractors' risk of suspension and debarment, so it's essential that contractors train employees and agents to whom it may not be obvious what trafficking entails, say Marcia Madsen and Cameron Edlefsen at Mayer Brown.

  • Employers Must Look Beyond Legal Rights To Lower Risk

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    Cases concerning reasonable accommodation requests and discipline decisions demonstrate that employers should not focus solely on legal rights and obligations, or they will miss other opportunities to lower legal risks, particularly when a person is still employed, says Dabney Ware at Foley & Lardner.

  • Bias Suit Ruling Offers Disability Accommodation Guidelines

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    The Eleventh Circuit's recent decision in the bias suit Owens v. Georgia Governor's Office of Student Achievement provides clear guidance on the scope of an employee's obligations when seeking disability accommodation, and points to employer best practices to handle such requests, says Scott Hetrick at Adams and Reese.

  • DOJ Publishing Win May Mean More Labor, Salary Challenges

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    The termination of Penguin's planned $2.2 billion acquisition of Simon & Schuster may embolden a victorious U.S. Justice Department and Federal Trade Commission to challenge more transactions based on the impact on labor and salaries rather than the impact on consumer prices, say attorneys at McDermott.

  • ADA Ruling Uses Low Bar For Rare Employer Meddling Claim

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    A Pennsylvania federal court's recent decision in U.S. Equal Employment Opportunity Commission v. Geisinger Health should prompt companies to examine whether their policies could violate the Americans With Disabilities Act's rarely invoked Title V prohibition against "meddling" with employees pursuing their ADA rights, say David Rowland and Sarah Bauman at Seyfarth.

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