Employment

  • May 20, 2022

    Ex-McDonald's Manager Claims Franchises Defrauded PPP

    A former McDonald's assistant manager sued two McDonald's franchise companies in Georgia federal court Thursday, claiming he was retaliated against for refusing to defraud the Paycheck Protection Program and for complaining about an allegedly hostile work environment that promoted drug use, racism and sexual harassment.

  • May 20, 2022

    Employment Authority: A Look Into Workplace Law Post-Roe

    Law360 Employment Authority covers the biggest employment cases and trends. Catch up this week with a look at how current workplace laws could provide some protection for employees post-Roe, ways to handle payroll ransomware attacks and the growing union drive at Apple stores.

  • May 20, 2022

    Cannabis Bill Roundup: Del. Legalization Bill Dies In House

    A Delaware bill to tax and regulate the sale of adult-use marijuana died in the state House of Representatives, while Massachusetts lawmakers advanced a major social equity bill. Here are the major moves in cannabis reform from the past week.

  • May 20, 2022

    Objectors Say Pizza Chain Hack Deal Unfairly Ignores CCPA

    A proposed settlement that would end litigation stemming from California Pizza Kitchen's September data breach is a "rotten deal" because it ignores potentially valuable claims under California's Consumer Privacy Act, two objectors have claimed.

  • May 20, 2022

    Tribe Must Arbitrate Casino-Union Dispute, 9th Circ. Rules

    The Ninth Circuit on Friday affirmed a lower court's decision ordering the Sycuan Band of the Kumeyaay Nation to arbitrate a dispute with a union seeking to represent its casino employees, finding that the tribe agreed in its gambling compact with the state of California to arbitrate any dispute it has with the union.

  • May 20, 2022

    Texas Justices Rule Baylor Lab Owes Fired Exec Commission

    The Texas Supreme Court on Friday ruled that a fired sales executive was still entitled to commission payments from a Houston medical laboratory because his contract didn't expressly condition the payments on his employment status, a decision two dissenting justices called an ill-advised departure from court precedent.

  • May 20, 2022

    American Airlines, Union Must Arbitrate CBA Dispute

    American Airlines nabbed a win Friday when a Texas federal judge dismissed a pilots union's suit alleging the company violated their collective bargaining agreement by not negotiating over a change to how it staffs training simulations, concluding the dispute should be arbitrated.

  • May 20, 2022

    AT&T Should Face White Ex-Exec's Bias Claims, Judge Says

    AT&T should have to face a suit accusing it of terminating a 58-year-old white man because his identity conflicted with the company's diversity and inclusion plans, a federal judge in Atlanta recommended.

  • May 20, 2022

    NJ Panel Upholds Firing Of Worker Who Called BLM Racist

    A health system did not violate a worker's constitutional rights by firing her for posting Facebook comments about the Black Lives Matter movement that managers found offensive, a New Jersey appellate court ruled Friday.

  • May 20, 2022

    Insurance Agency Wants Out Of Clemente Family's Bias Suit

    A Pittsburgh insurance agency wants to be dismissed from a discrimination lawsuit brought by a rival agency operated by the family of late Puerto Rican baseball legend Roberto Clemente, telling a federal court Friday that it had nothing to do with Allstate's allegedly discriminatory termination of the Clemente agency's contract.

  • May 20, 2022

    Wynn Settles Defamation Suit Over Atty's Press Release

    Court records filed Thursday show billionaire Steve Wynn has agreed to drop his lawsuit accusing civil rights attorney Lisa Bloom of defaming him by publishing a press release that accused him of pressuring casino dancers to strip down.

  • May 20, 2022

    DC Circ. Probes Leaked Survey Alleging Judges' Misconduct

    D.C. Circuit Chief Judge Sri Srinivasan said court officials will launch an investigation to determine who recently leaked a confidential employee survey that reportedly alleged that some of the appellate court's judges subjected their staff to bullying and gender discrimination.

  • May 20, 2022

    Ex-MLBer Says Spring Training Makes Fla. Ideal For Bat IP Suit

    A Major League Baseball bat-making business run by ex-New York Mets player Yoenis Céspedes says a trademark infringement lawsuit against the company's former owner should proceed in Florida federal court, arguing the "copycat" bats have been promoted to players in the state during spring training.

  • May 20, 2022

    DOJ 'Dropped The Ball' In 1st Wage-Fixing Case, Juror Says

    For juror number eight, the U.S. Department of Justice's first criminal prosecution of wage-fixing fell apart due to shaky evidence and weak testimony from government witnesses, including an FBI agent who said one of the defendants claimed to have been locked out of his phone when what the agent really meant was an iCloud account.

  • May 20, 2022

    Westlake Chemical Partly Dodges Explosion Suit

    Westlake Chemical Corp. dodged part of a suit alleging a chemical explosion at a Louisiana facility led to various medical issues for its workers, after a federal judge determined no expert testimony was available to back the workers' claims.

  • May 20, 2022

    3rd Circ. Says Federalist Boss' Tweet Was Joke, Not Threat

    The Third Circuit on Friday reversed a National Labor Relations Board decision finding the publisher of online news magazine The Federalist violated labor law by tweeting that he would send workers "to the salt mine" if they sought to unionize, saying it was a joke, not a threat.

  • May 19, 2022

    7th Circ. Tore 'Gaping Hole' In FCA, Grassley Tells High Court

    The Seventh Circuit's controversial rejection of False Claims Act liability despite a major pharmacy chain's wildly excessive billing threatens to immunize "even the most shocking evidence of deliberate fraud," Sen. Chuck Grassley, the modern FCA's architect, told the U.S. Supreme Court on Thursday.

  • May 19, 2022

    Wis. Tribal Health Center Immune From Wrongful Firing Suit

    A federal judge in Wisconsin dismissed on Wednesday a wrongful termination suit against the Lac Courte Oreilles Community Health Center, finding the organization immune from those allegations because it is an entity of the local Native American tribe.

  • May 19, 2022

    Teacher Says She Was Barred At Disabled Daughters' School

    A substitute teacher says she was discriminated against when her Western Pennsylvania school district refused to let her teach in the same building where her two daughters with disabilities attended classes, since administrators told her that would be "detrimental" to them, according to a federal lawsuit filed Thursday.

  • May 19, 2022

    Workers Want Revival Of FLSA Suit Against Gov't Contractor

    Laborers who say they were not paid fairly for government-contracted cleanup work they did in the Florida Panhandle after Hurricane Michael asked the Eleventh Circuit on Thursday to revive their claims against the general government contractor and master subcontractor under the Fair Labor Standards Act.

  • May 19, 2022

    NM Supreme Court Affirms $165M Verdict In FedEx Crash Suit

    The New Mexico Supreme Court on Thursday upheld a record $165 million jury award to the family of a mother and four-year-old daughter killed when a FedEx tractor trailer collided with their small pickup truck, saying the verdict was supported by ample evidence and the award was not excessive.

  • May 19, 2022

    Ga. Sheriff Tells 11th Circ. He's Immune From Pay Suit

    A Georgia sheriff told the Eleventh Circuit that as an agent of the state he's immune to deputies' federal labor law claims that he illegally forced them to work on call without pay, fighting their bid to overturn a district court ruling in the sheriff's favor.

  • May 19, 2022

    FilmOn Exec's $58M Sex Battery Loss Unfair, Calif. Panel Told

    Reputed billionaire Alki David urged a California appellate panel Thursday to grant him a new trial after getting hit with a $58 million jury verdict for committing sexual battery, arguing that despite his extreme courtroom behavior while representing himself the trial judge wrongly prevented him from presenting a defense.

  • May 19, 2022

    Ex-Celtic Davis Faces Bail Review In NBA Health Fraud Case

    A Manhattan federal judge said Thursday she will review a bail package for retired Boston Celtics center Glen "Big Baby" Davis after he allegedly violated his conditions of release yet again in the NBA health plan fraud case.

  • May 19, 2022

    Liquor Chain, Workers Seek Final OK For COVID Pay Deal

    A Chicago-area chain of liquor stores and a group of workers who say their overtime pay did not include bonuses for working during the pandemic asked an Illinois federal court to grant final approval for a more than $220,000 settlement to Fair Labor Standards Act claims.

Expert Analysis

  • Worker Migration Calls For Fla., NY Employment Law Review

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    Newly remote employees who left New York for Florida during the pandemic should consider the applicable state noncompete laws, because restrictive covenants in employment agreements can seriously affect an employee's post-termination options, say Yaniv Adar and Michelle Genet Bernstein at Mark Migdal.

  • Employer Travel Benefits Options For Abortion Care Post-Roe

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    Given the likelihood that Roe v. Wade will be overturned, and with the proliferation of state legislation restricting abortion access, employers may want to consider the legal implications of several options to expand travel reimbursement benefits for employees who seek abortion services, say Danita Merlau and Ben Conley at Seyfarth.

  • Overcommunicate With Your Summer Associates This Year

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    2022 summer associates have had limited opportunities for professional interactions due to the pandemic, so supervising attorneys should prioritize intentional overcommunication by emphasizing importance of tone and content of emails, sharing feedback immediately, and more, says Julie Schrager at Faegre Drinker.

  • Complying With Electronic Monitoring Laws In NY And Beyond

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    New York's recently effective requirement to alert employees of computer surveillance practices is part of a wider trend of workplace privacy laws at the state and local level, and should prompt employers to closely track their local laws, and update their policies and employee acknowledgement forms, say Harris Mufson and Lizzy Brilliant at Gibson Dunn.

  • Nev. Case Highlights Settlement Authority Dilemmas For Cos.

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    A Nevada federal court's recent decision in Ceja v. The Vons Companies illustrates the pitfalls of misinterpreting a court order requiring a representative with full settlement authority to be present at negotiations, and is a reminder to consider that courts differ as to what full settlement authority means in practice, says Richard Mason at MasonADR.

  • 2 Approaches To NY Choice Of Law In Employment Contracts

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    Two differing New York federal court decisions on restrictive covenants should be taken into account by employers and employees arguing for or against the application of a choice-of-law provision in New York courts, say John Chun and Silvia Stockman at Herrick Feinstein.

  • The Fastest Federal Trial Courts: A Look At Virginia, Florida

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    The Eastern District of Virginia rocket docket and the Northern District of Florida were last year’s fastest civil trial courts in the nation, and interviews with two of their judges reveal they have some of the same practices to keep litigation moving efficiently, says Robert Tata at Hunton.

  • Tips For Evaluating Machine Learning For Contracts Review

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    Law firms considering machine learning and natural language processing to aid in contract reviews should keep several best practices in mind when procuring and deploying this nascent technology, starting with identifying their organization's needs and key requirements, says Ned Gannon at eBrevia.

  • Opinion

    Courts Must Tackle Lack Of Diversity In Class Counsel

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    When federal courts appoint lead lawyers in federal class actions, the counsel chosen are almost always white and male — but if courts adopt a broader view of what kind of experience is relevant for class counsel appointments, the class action bar can be diversified, says Alissa Del Riego at Podhurst Orseck.

  • What The Latest Calif. COVID Standards Mean For Employers

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    While many of the recent changes to the California Occupational Safety and Health Standards Board's COVID-19 emergency temporary standards are minor, they can significantly affect employers' day-to-day operations, including protocols for testing, masks and more, says Jared Speier at Stradling Yocca.

  • How To Efficiently Deploy Your Professional Growth Strategy

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    Lana Manganiello at Equinox Strategy Partners discusses how time-strapped legal professionals can efficiently implement a professional growth framework by focusing on only the most effective actions to build the reputation and relationships key to their ideal practice.

  • A 6-Step Framework For Legal Industry Professional Growth

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    Lana Manganiello at Equinox Strategy Partners discusses how implementing a professional growth framework will help legal professionals gain expertise in a relevant niche to build credibility, focus marketing efforts and build an ideal practice.

  • Why Contempt May Be Apt Punishment For High Court Leaker

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    Contempt of court is an overlooked but potentially effective tool to punish whoever leaked the draft opinion overruling Roe v. Wade and protect the integrity of the U.S. Supreme Court, says Michael Zuckerman at Zuckerman Dispute Resolution.

  • State-Run Retirement Options May Expand Post-COVID

    Excerpt from Practical Guidance
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    Legal uncertainties and the COVID-19 pandemic have delayed implementation of mandatory state retirement programs, but recent U.S. Supreme Court actions may prompt more states to implement state-run savings programs that ultimately would need congressional backing to really take off, says Carol Buckmann at Cohen & Buckmann.

  • Improving Defense Case Stories In An Age Of Misinformation

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    If defense lawyers reflect on how COVID-19 misinformation permeated public discourse, they will find courtroom lessons on telling a complete, consistent and credible story that prevents jurors from filling in the blanks themselves, says David Metz​ at IMS.

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