Employment

  • April 04, 2024

    Amazon Union Leaders Accused Of Blowing Up Election Deal

    An attorney for Amazon union reformers seeking to force officer elections slammed the current leadership Thursday for trying to blow up their New York federal court deal to hold a vote this summer, calling "absurd" a new argument that the deal disenfranchises members.

  • April 04, 2024

    Domino's Franchise Shorted Mileage, Pa. Delivery Driver Says

    The owners of a group of Domino's Pizza franchises have been hit with a putative collective action in Pennsylvania federal court from an ex-delivery driver claiming drivers at their stores are paid less than minimum wage because of their "flawed" policy of reimbursing mileage expenses.

  • April 04, 2024

    Utility Worker Says Colo. Meter Co. Failed To Pay OT

    A Colorado meter servicing company owes utility locators wages for work they were required to perform before arriving at their work sites and after leaving them, a former worker alleged in a proposed class action filed in state court, saying workers did not receive overtime.

  • April 04, 2024

    Nurses Want To Merge DaVita Wage Suits Over Unpaid Breaks

    Workers suing kidney care giant DaVita Inc. have asked a Colorado federal judge to consolidate two similar collective actions alleging they were denied wages for work performed during meal and rest breaks, saying overlap between the cases is "inevitable."

  • April 04, 2024

    Feds Seek 63-Month Term For $8.6M Embezzlement Scheme

    Federal prosecutors asked a Georgia judge Thursday to hand down a 63-month prison term for a woman who was caught stealing more than $8.6 million from her employer, a scheme the government called "one of the most egregious employer embezzlement cases in recent memory."

  • April 04, 2024

    GRSM50 Accused Of Letting Detroit Hotel Hide Evidence

    Former workers at an upscale Detroit hotel suing over their firings urged a Michigan federal judge on Wednesday to sanction the club and disqualify its attorneys at Gordon Rees Scully Mansukhani LLP, alleging it is likely they helped withhold documents and try to intimidate witnesses.

  • April 04, 2024

    Pierson Ferdinand Brings On Morgan Lewis Litigator In Philly

    Newly formed Pierson Ferdinand LLP has added a high-stakes employment litigator to its Philadelphia office from Morgan Lewis & Bockius LLP.

  • April 04, 2024

    'Real Housewives' Assault Case Legally Deficient, Court Told

    Bravo, NBCUniversal and Warner Bros. have asked a Manhattan judge to toss a suit brought by a former "Real Housewives" cast member who claimed she was sexually assaulted while filming in Morocco, arguing her claims were filed in the wrong jurisdiction and past a one-year statute of limitations.

  • April 04, 2024

    Full 9th Circ. Won't Review PAGA Ruling In Lowe's Suit

    The full Ninth Circuit won't review a panel's decision ruling that a Lowe's worker's nonindividual claims under California's Private Attorneys General Act could stay in court while her individual claims go into arbitration, denying the company's bid to step in.

  • April 04, 2024

    Exec Says Disney Filmmaker Fired Her For Bias Complaints

    A filmmaker for ABC and Disney repeatedly ignored a multiracial development director's complaints that she was underpaid and eventually fired her for speaking up about bias and harassment she faced on the job, she said in a suit in California state court.

  • April 03, 2024

    SEC Disclosures Show Public Cos. Backing DEI, Study Finds

    Public companies overwhelmingly prioritized diversity, equity and inclusion principles in their mandatory workforce disclosures to the U.S. Securities and Exchange Commission in 2023 despite a flurry of litigation and legislative proposals aimed at deterring those initiatives in the corporate world, a study from Seyfarth Shaw LLP attorneys found.

  • April 03, 2024

    Fla. Magistrate Nixes Recusal Bid In CBD Co. Securities Suit

    A Florida federal magistrate judge has shot down an effort to have her disqualified from a securities fraud case against a CBD company for remarks she allegedly made during a March settlement conference, saying the plaintiffs' arguments in favor of recusal were "legally insufficient" to establish bias.

  • April 03, 2024

    9th Circ. Skeptical Of ADA Suit Against Buddhist Temple

    The Ninth Circuit appeared hesitant Wednesday to revive a former live-in apprentice's disability bias suit against a Buddhist temple, with a panel suggesting that his maintenance duties didn't place him outside the scope of a ministerial exception to anti-discrimination law.

  • April 03, 2024

    NJ Tax Preparer Accused Of $150M COVID Relief Fraud

    A New Jersey tax preparer has been indicted over what prosecutors are calling a yearslong scheme in which he filed more than 1,600 bogus tax forms seeking over $150 million in COVID-19-related employment tax credits for his clients and his own businesses that they weren't eligible for, the U.S. Department of Justice announced Wednesday.

  • April 03, 2024

    NLRB Defends Urging Calif. Court To Defy 5th Circ. In SpaceX

    The National Labor Relations Board's suggestion that a California federal court should keep a transferred constitutional challenge from SpaceX even after the Fifth Circuit reversed the transfer was an act of "zealous advocacy" for itself, the board said Wednesday, responding to urgent questions from the appeals panel.

  • April 03, 2024

    UMich Says Law Prof's FMLA Leave Can't Prevent Discipline

    The University of Michigan told a federal judge Wednesday that a law professor's need for medical leave did not mean administrators couldn't discipline her for allegedly walking out on certain teaching responsibilities, rebutting her claims that the university's actions were because of her race or gender.

  • April 03, 2024

    9th Circ. Doubts Kosher Tester's Religious Carveout Challenge

    A Ninth Circuit panel on Wednesday seemed skeptical of a worker's argument that the ministerial exception does not apply to his suit accusing an Orthodox Jewish organization of failing to pay him overtime for his work making sure grapes used for wines were kept kosher.

  • April 03, 2024

    Bank Wraps Up Ex-VP's Age Discrimination Suit

    A community bank reached an agreement with a former senior vice president to end his age bias lawsuit accusing the bank of forcing him into a rigorous interview process and then replacing him with someone 20 years his junior, the parties told a Florida federal court Wednesday.

  • April 03, 2024

    BlackBerry Fired Worker Harassed By Executive, Suit Says

    BlackBerry swept away a former employee's allegations that an executive sexually harassed her and then fired her to make way for his ascension to CEO, according to a complaint filed Wednesday in California federal court.

  • April 03, 2024

    Groups Fight DOL's Bid To Toss Suit Challenging Wage Rule

    A pair of construction industry trade groups urged a Texas federal court to preserve their challenge to a U.S. Department of Labor rule that revises prevailing wage calculations for federally funded projects, arguing that the rule injures both them and the firms they represent.

  • April 03, 2024

    Joonko Tells Chancery Ex-CEO Shouldn't Get Legal Fees

    Defunct job board startup Joonko, which closed last year after its CEO resigned amid fraud allegations, told Delaware's Court of Chancery on Wednesday that it has no obligation to advance her defense costs in federal government investigations because she is no longer a director or officer of the company.

  • April 03, 2024

    3rd Circ. Judge Wonders If Philly Union Rule Dispute Is Moot

    A Third Circuit judge on Wednesday wondered whether a former Philadelphia mayor's order requiring contractors to pay dues to "city-approved" unions was now moot, given the new administration's assurances that it won't be implemented, as contractors urged the court to find that the scrapped rule should be banned by law.

  • April 03, 2024

    Hospital Workers' Vax Free Speech Suit Falls Flat At 6th Circ.

    The Sixth Circuit backed the dismissal of two workers' claims that a children's hospital violated their constitutional rights when it rejected their religious objections to a COVID-19 vaccine mandate, saying Wednesday they failed to show the hospital was a government actor.

  • April 03, 2024

    14 AGs Urge DOL To Seek More Payroll Info From Contractors

    Contractors performing construction, alteration or repair work on government buildings should have to give the U.S. Department of Labor more detailed information about the deductions they take from workers' wages, a coalition of Democratic state attorneys general told the agency in a letter publicized Wednesday.

  • April 03, 2024

    Cannabis Cos. Agree To Proposed Deal In Workers' Wage Suit

    A New Mexico federal judge has given preliminary approval to a $525,000 deal that would end a cannabis-employee-led lawsuit accusing dispensary owners of taking a large portion of tips meant for retail workers and giving them to store managers and supervisors.

Expert Analysis

  • SAG-AFTRA Contract Is A Landmark For AI And IP Interplay

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    SAG-AFTRA's recently ratified contract with the Alliance of Motion Picture and Television Producers introduced a framework to safeguard performers' intellectual property rights and set the stage for future discussions on how those rights interact with artificial intelligence — which should put entertainment businesses on alert for compliance, says Evynne Grover at QBE.

  • 4 Steps To Navigating Employee Dementia With Care

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    A recent Connecticut suit brought by an employee terminated after her managers could not reasonably accommodate her Alzheimer's-related dementia should prompt employers to plan how they can compassionately address older employees whose cognitive impairments affect their job performance, while also protecting the company from potential disability and age discrimination claims, says Robin Shea at Constangy.

  • Googling Prospective Jurors Is Usually A Fool's Errand

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    Though a Massachusetts federal court recently barred Google from Googling potential jurors in a patent infringement case, the company need not worry about missing evidence of bias, because internet research of jury pools usually doesn’t yield the most valuable information — voir dire and questionnaires do, says Sarah Murray at Trialcraft.

  • How Dartmouth Ruling Fits In NLRB Student-Athlete Playbook

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    A groundbreaking decision from a National Labor Relations Board official on Feb. 5 — finding that Dartmouth men's basketball players are employees who can unionize — marks the latest development in the board’s push to bring student-athletes within the ambit of federal labor law, and could stimulate unionization efforts in other athletic programs, say Jennifer Cluverius and Patrick Wilson at Maynard Nexsen.

  • Del.'s Tesla Pay Takedown Tells Boards What Not To Do

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    The Delaware Chancery Court’s ruthless dissection of the Tesla board’s extreme departures from standard corporate governance in its January opinion striking down CEO Elon Musk’s $55 billion pay package offers a blow-by-blow guide to mistakes Delaware public companies can avoid when negotiating executive compensation, say attorneys at Cleary.

  • A Look Into How Jurors Reach High Damages Awards

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    In the wake of several large jury awards, Richard Gabriel and Emily Shaw at Decision Analysis shed light on challenges that jurors have in deciding them, the nonevidentiary and extra-legal methods they use to do so, and new research about the themes and jury characteristics of high-damages jurors.

  • Compliance Tips For Employers Facing An Aggressive EEOC

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    This year, the combination of an aggressive U.S. Equal Employment Opportunity Commission, a renewed focus on large-scale recruiting and hiring claims, and the injection of the complicated landscape of AI in the workplace means employers should be prepared to defend, among other things, their use of technology during the hiring process, say attorneys at Seyfarth Shaw.

  • Preparing For A New Wave Of Litigation Under Silicosis Rules

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    After the Division of Occupational Safety and Health of California issued an emergency temporary standard to combat noncompliance with assessments of workers' exposure to particles of crystalline silica, companies that manufacture, distribute or sell silica-containing products will need aggressive case-specific discovery to navigate a new wave of litigation, say attorneys at Dechert.

  • Employer Trial Tips For Fighting Worker PPE Pay Claims

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    Courts have struggled for decades to reach consensus on whether employees must be paid for time spent donning and doffing personal protective equipment, but this convoluted legal history points to practical trial strategies to help employers defeat these Fair Labor Standards Act claims, say Michael Mueller and Evangeline Paschal at Hunton.

  • Managing Competing Priorities In Witness Preparation

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    There’s often a divide between what attorneys and witnesses want out of the deposition process, but litigation teams can use several strategies to resolve this tension and help witnesses be more comfortable with the difficult conditions of testifying, say Ava Hernández and Steve Wood at Courtroom Sciences.

  • Reimagining Law Firm Culture To Break The Cycle Of Burnout

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    While attorney burnout remains a perennial issue in the legal profession, shifting post-pandemic expectations mean that law firms must adapt their office cultures to retain talent, say Kevin Henderson and Eric Pacifici at SMB Law Group.

  • Assessing Merger Guideline Feedback With Machine Learning

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    Large language modeling appears to show that public sentiment matches agency intent around the new merger control guidelines from the Federal Trade Commission and U.S. Justice Department, says Andrew Sfekas at Cornerstone Research.

  • Understanding And Working With The Millennials On Your Jury

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    Every trial attorney will be facing a greater proportion of millennials on their jury, as they now comprise the largest generation in the U.S., and winning them over requires an understanding of their views on politics, corporations and damages, says Clint Townson at Townson Litigation Consulting.

  • Grant Compliance Takeaways From Ga. Tech's FCA Settlement

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    Georgia Tech’s recent False Claims Act settlement over its failure to detect compliance shortcomings in a grant program was unique in that it involved a voluntary repayment of funds prior to the resolution, offering a few key lessons for universities receiving research funding from the government, says Jonathan Porter at Husch Blackwell.

  • Series

    Competing In Dressage Makes Me A Better Lawyer

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    My lifelong participation in the sport of dressage — often called ballet on horses — has proven that several skills developed through training and competition are transferable to legal work, especially the ability to harness focus, persistence and versatility when negotiating a deal, says Stephanie Coco at V&E.

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