Employment

  • June 01, 2020

    Unemployment Program Ripe For Abuse, DOL Watchdog Says

    The U.S. Department of Labor's chief internal watchdog cautioned House lawmakers Monday that a "significant" risk of fraud surrounds one of the programs Congress recently created that expands unemployment insurance for workers displaced because of the coronavirus pandemic. 

  • June 01, 2020

    Jobs Crisis Fuels Capitol Hill Push For Employment Incentives

    A spike in unemployment claims has sparked a push on Capitol Hill to develop new training and employment tax incentives in coronavirus relief legislation as both parties face off over the pending expiration of a temporary expansion of jobless aid.

  • June 01, 2020

    Ex-Campaign Staffer Hits Trump With Class Action Over NDAs

    A former campaign worker for President Donald Trump has lodged a new complaint seeking to invalidate the nondisclosure agreements she and other workers signed with their employment contracts before joining the campaign in 2016, arguing that the agreements contain "two ill-defined and vastly overreaching provisions."

  • June 01, 2020

    Ex-Chubb Execs Blast Bids To Recoup Costs In Benefits Row

    Three former Chubb Corp. executives who sued over their benefits plan urged a New Jersey federal judge on Monday to reject the bids by the insurer and a benefits counseling company for more than $117,000 in costs, citing procedural shortfalls in their motions.

  • June 01, 2020

    Coronavirus Q&A: Goulston Real Estate Leaders

    In this edition of Coronavirus Q&A, two of Goulston & Storrs' real estate leaders discuss the challenges of reopening in Boston and beyond, and note that trouble could be looming later this year for the multifamily sector.

  • June 01, 2020

    Justices Told Deal In The Works To End Oil Rig Race Bias Suit

    A company and the black workers it allegedly discriminated against by making them work on a hot oil rig while their white colleagues enjoyed air conditioning asked the U.S. Supreme Court to hold off considering whether to review the case due to a pending settlement.

  • June 01, 2020

    2 Partners Say NY Firm Stiffed Them On Compensation

    Two former non-equity partners at international firm CKR Law LLP have filed suit against the firm, alleging that it failed to pay them properly in the months before their departure, including by allegedly cheating one partner out of over $300,000 in partner draws.

  • June 01, 2020

    High Court Turns Away Wis. Bar Dues Case Despite Dissent

    The Supreme Court declined Monday to take up a First Amendment challenge to the State Bar of Wisconsin's mandatory dues scheme, prompting a dissent by Justice Clarence Thomas likening the payments to union fees the high court outlawed in a 2018 ruling.

  • May 31, 2020

    IRS Workers Returning To Millions Of Unopened Tax Returns

    Thousands of IRS workers returning to work Monday in Kentucky, Texas and Utah will face nearly 5 million unopened tax returns as of mid-May, according to a report compiled from IRS data by the House Ways and Means Committee.

  • May 31, 2020

    AFL-CIO Scores 11th Hour Knockout Of NLRB Election Rule

    A Washington, D.C., federal judge on Saturday nixed a National Labor Relations Board rule slowing down the union election process just hours before it was set to take effect, rejecting the NLRB's argument that it wasn't obligated to seek public input before issuing the regulations.

  • May 29, 2020

    Delta Escapes Flight Attendants' Anti-Semitism Claims

    A New York federal judge on Friday tossed flight attendants' lawsuit accusing Delta Air Lines of discriminating against Jewish and Israeli employees, non-Jewish employees who associate with them and passengers traveling to Israel, finding the suit doesn't allege facts to plausibly infer discrimination occurred.

  • May 29, 2020

    OSHA's Critics Seize On News Of Lone COVID-19 Citation

    The disclosure at a congressional hearing Wednesday that the Occupational Safety and Health Administration had only issued one citation related to the COVID-19 pandemic shows the workplace safety watchdog is dropping the ball, worker advocates say.

  • May 29, 2020

    3rd Circ. Revives ADA Suit Over Faulty Disability Analysis

    The Third Circuit on Friday revived a truck driver's suit alleging Patrick Industries fired him for taking medical leave to recover from a lung biopsy procedure, saying a lower court fumbled its analysis of whether he was regarded as disabled under federal anti-discrimination law.

  • May 29, 2020

    DC Circ. Gives New Life To DOJ Worker's Promotion Bias Suit

    The D.C. Circuit on Friday revived a onetime U.S. Department of Justice employee's suit alleging she was denied a promotion that went to a far less qualified man because of her age and gender, saying the "caliber and quantity" of evidence she presented means that a jury should decide if she was discriminated against.

  • May 29, 2020

    5th Circ. Upholds Firing Of Worker With Gun In Car

    The Fifth Circuit on Friday refused to revive a suit by a former employee of an auto parts maker who claimed he was wrongly fired for having a gun in his vehicle at work, saying a Mississippi state law allowing workers to have firearms in their cars didn't apply.

  • May 29, 2020

    Lyft Sued For Paid Sick Leave In Coronavirus Crisis

    Instead of providing paid sick leave for its drivers during the coronavirus pandemic, Lyft Inc. is forcing employees to either risk their health and the health of their passengers or risk their livelihoods, according to a class action filed Friday in D.C. federal court.

  • May 29, 2020

    Apple Beats Startup's Worker Poaching Lawsuit

    A California appeals court ruled Thursday that Apple didn't break the law when it hired away key employees from an app startup after declining to acquire the smaller firm.

  • May 29, 2020

    Top Golf, Ex-Workers Say BIPA Standing Ruling On Their Side

    Top Golf USA Inc. and a group of former workers have staked out opposing positions on whether the Seventh Circuit's recent ruling on federal standing in Illinois biometric privacy litigation helps or hurts the company's attempt to keep the dispute in federal court.

  • May 29, 2020

    Uber Drivers Seek Green Light On NY Unemployment Benefits

    Drivers for Uber and other app-based car services are asking a New York federal judge to order the Empire State to immediately pay them unemployment benefits, saying they'll likely prevail in their suit claiming the state delayed relief by treating them as independent contractors.

  • May 29, 2020

    Facebook Beats AI Startup's Bid To Shield Trade Secrets

    An artificial intelligence startup has failed to prove that its first employee ran off with the company's trade secrets when he took a job at Facebook, a Massachusetts federal judge said, denying the firm's request to block the former worker's ongoing research at the social media giant.

  • May 29, 2020

    Burger King Sued Over Ex-Manager's Miscarriage

    An ex-manager at a Pittsburgh-area Burger King has filed suit in Pennsylvania federal court alleging that she suffered a miscarriage after her superiors refused to make accommodations for her to go to the hospital when she began experiencing significant vaginal bleeding during a shift last August.

  • May 29, 2020

    BBQ Chain Managers' Bid For Nationwide Wage Suit Falls Flat

    A Florida federal judge on Friday declined to greenlight a nationwide class of Smokey Bones Bar and Fire Grill managers accusing the barbecue chain of violating the Fair Labor Standard Act by making managers exempt from overtime pay.

  • May 29, 2020

    Judge Says 'Sorry' But Won't Toss Latest TopGolf FLSA Suit

    A federal judge in Texas on Friday apologized as he denied sports entertainment company TopGolf's bid to end what it called an "identical" proposed class action lawsuit to one it recently settled, brought by workers alleging the company violated the Fair Labor Standards Act in paying employees.

  • May 29, 2020

    3 Questions For Tenants And Owners As Subleasing Looms

    As office and retail tenants continue to have difficulty making rent amid the COVID-19 pandemic, many will look to sublease some or all of their space, and lawyers say the pandemic has ushered in a unique set of sublease questions.

  • May 29, 2020

    McDonald's Aims To Settle Workers' COVID-19 Safety Suit

    McDonald's told an Illinois state judge Friday that it believes it can work out a resolution to a dispute with a proposed class of workers who asked the court to require better safety and protection for workers during the COVID-19 pandemic.

Expert Analysis

  • How Lawyers Can Network Better, Virtually And In Person

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    The current decrease in formality and increase in common ground due to the work-from-home environment can make it easier to have a networking conversation, says Megan Burke Roudebush at Keepwith.

  • Practical Tips For Presenting Your Case To Litigation Funders

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    One mistake that attorneys commonly make when presenting a case to a third-party funder is focusing almost exclusively on liability and giving short shrift to the damages analysis — resulting in an aspirational damages estimate that falls apart under scrutiny, say Cindy Ahn and Justin Maleson at Longford Capital and Casey Grabenstein at Saul Ewing.

  • Adapting To Worker-Friendly City Laws Prompted By Virus

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    COVID-19 has led to municipal legislation focused on scheduling, paid sick leave, anti-retaliation and protections for laid-off workers that businesses must monitor and adapt to as they call back employees and resume customer services, say Julie Trester and Jeremy Glenn at Cozen O'Connor.

  • Ohio Tax Talk: Unemployment Ruling May Offer M&A Savings

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    The Ohio Supreme Court's recent decision in Delphi Automotive v. Ohio Department of Job and Family Services sets an acquirer-friendly precedent for unemployment tax rates in mergers, acquisitions and reorganizations, which could be especially important in the wake of pandemic-related layoffs, say Jeremy Hayden and Christopher Tassone of Frost Brown.

  • Avoiding Inadvertent Privilege Waivers In E-Communications

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    Attorneys at WilmerHale highlight recent developments in privilege law, the significant challenges raised by nontraditional working arrangements popularized during the pandemic, and ways to avoid waiving attorney-client privilege when using electronic communications.

  • SBA Guidance On PPP Loan Forgiveness Has Shortcomings

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    The Small Business Administration’s Paycheck Protection Program loan forgiveness application and interim final rule give borrowers the guidance to make critical operational decisions, but also perpetuate ambiguity, complicated calculations and the threat of investigations, says Amal Dave at Arent Fox.

  • Limiting Employer Liability For Secondhand Virus Exposure

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    While the law on secondhand exposure to workplace hazards like COVID-19 varies from state to state, employers can make educated guesses about the scope of liability and the steps needed to protect workers and limit claims from third parties, say attorneys at McGuireWoods.

  • 7 Considerations For BIPA Class Action Defense

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    Jad Sheikali at Honigman outlines the ever-growing list of issues facing companies defending class actions under the Illinois Biometric Information Privacy Act and how jurisdictional pitfalls and recent developments in preemption may affect defense strategies.

  • Reopening Sports Venues To Fans Poses Legal Hurdles

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    As the economy reopens, sports leagues planning to bring back games with fans in attendance will need to weigh not only important health and safety issues but also the accompanying business and legal risks, say Christopher Conniff and Nicholas Macri at Ropes & Gray.

  • Opinion

    Don't Cancel Your Summer Associate Programs

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    While pulling off an effective summer associate program this year will be no easy feat, law firms' investments in their future attorneys should be considered necessary even during this difficult time, says Summer Eberhard at Major Lindsey.

  • How Hollywood Can Inspire Courtroom Presentations

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    As attorneys patiently wait for jury trials to resume, they can explore three effective transition techniques commonly used in movies to bring their courtroom PowerPoint presentations to the next level, say Adam Bloomberg and David Metz at Litigation Insights.

  • Tips For Spoliation Claims In Trade Secret Cases

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    As businesses move toward the complete digitization of information, spoliation issues are increasingly arising in the context of trade secret litigation, and a recent California federal court's decision in WeRide v. Huang is a great example of how plaintiffs can use spoliation offensively to obtain a win, say attorneys at Arent Fox.

  • Top 5 Wage And Hour Risks To Avoid As Businesses Reopen

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    Employers should use extra caution to sidestep several key wage and hour mistakes as businesses prepare to reopen following the coronavirus crisis and worker classification and Fair Labor Standards Act compliance comes under increased scrutiny, say Kathleen Caminiti and Eric Baginski at Fisher Phillips.

  • Trial By Webcam: Tips From A Firsthand Experience

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    Initially incomprehensible, it turns out that conducting trial by video is reasonable and relatively convenient, as long as lawyers do not try to recreate the courtroom experience, say Wheeler Trigg attorneys Joel Neckers and Peter Herzog, who recently participated in an online bench trial in United Power v. Tri-State before the Colorado Public Utilities Commission.

  • 5 Ways To Reduce Post-Pandemic Legal Malpractice Exposure

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    History suggests that legal malpractice claims will rise following the current economic downturn, and while a certain percentage of the claims will be unavoidable, there are prophylactic steps that law firms can take, says John Johnson at Cozen O'Connor.

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