Employment

  • February 15, 2024

    NJ Court Affirms Tossing Of Corrections Worker's Bias Suit

    The New Jersey Department of Corrections provided reasonable accommodations for a secretarial assistant and continually engaged in a "responsive interactive process" regarding her disability, a state appellate court found Thursday in affirming the dismissal of her suit alleging a hostile work environment.

  • February 15, 2024

    America First Legal Says Disney Favors Women, Minorities

    A group founded by former Trump adviser Stephen Miller accused the Walt Disney Co. of discriminating against white men in its hiring and promotion decisions and on Wednesday asked the U.S. Equal Employment Opportunity Commission to investigate.

  • February 15, 2024

    SpaceX Suit Over NLRB Structure Shipped To Calif.

    A Texas federal judge on Thursday granted the National Labor Relations Board's request to transfer SpaceX's lawsuit claiming the agency is unconstitutionally structured to California, saying the actions the company said allowed it to file in Texas were "incidental to the principal events occurring elsewhere."

  • February 15, 2024

    Pilots Union Requests Dismissal Of Retirement Age Row

    An Illinois federal judge should toss a senior pilots group's duty of fair representation claim over the Air Line Pilots Association's opposition to a congressional proposal to raise the profession's mandatory retirement age, the union argued Thursday, saying its political stance isn't linked to a collective bargaining role.

  • February 15, 2024

    Michigan Wants 1 Panel For 3 Appeals Of LGBTQ Rights Laws

    The Michigan Civil Rights Commission asked the Sixth Circuit to put three separate appeals brought by religious organizations objecting to the state's laws designating gender identity and sexual orientation as protected classes before the same merits panel, arguing that doing so would ensure judicial consistency.

  • February 15, 2024

    Calif. Justices Won't Give Uber PAGA Case Another Look

    The California Supreme Court won't again mull an Uber driver's misclassification Private Attorneys General Act suit, denying the company's bid to weigh whether nonindividual claims under the state law should survive if individual ones go into arbitration.

  • February 15, 2024

    Wash. Judge Tosses Professors' Email Probe Privacy Suit

    A Washington federal judge has sided with the state in a proposed class action brought by two University of Washington professors seeking to block the state ethics board's director from combing through faculty emails during misconduct investigations, saying the emails are public records because the professors are public employees.

  • February 15, 2024

    Ex-DraftKings Exec Seeks Clarity On Fanatics Guardrails

    A former DraftKings Inc. executive has asked a Massachusetts federal court to clarify the type of work he can perform for competitor Fanatics Inc. while the legal fight with his previous employer plays out, warning that the court's current order is too restrictive.

  • February 15, 2024

    Autolenders Wants Ex-Worker's OT Suit To Be Tossed

    Auto retailer Autolenders is asking a New Jersey federal judge to toss claims from a former worker that he was fired for complaining about not being paid for overtime, arguing that in an amended complaint, the ex-employee improperly attempted to distance himself from his initial claims that he worked as a salesman.

  • February 15, 2024

    Vaughan Baio Adds 3 Partners And 2 Offices In NY, NJ

    Philadelphia-based midsized firm Vaughan Baio & Partners expanded its footprint and resources this month with the addition of three partners and the opening of two offices in New York and New Jersey.

  • February 15, 2024

    Reed Smith Wants To Shield Internal Probe In Bias Suit

    Reed Smith LLP urged a New Jersey federal judge Thursday to seal an internal investigation report as the firm fights a long-running age and racial discrimination suit brought by a former paralegal, arguing her pro-se motion to unseal the report was "untimely and largely nonsensical."

  • February 15, 2024

    Ex-Beauty Store Worker Says Boss's Tirade Was Bias

    A former beauty supply store worker is suing her ex-employer in Florida federal court, alleging she was discriminated against and wrongfully terminated following a tirade by her supervisor over a memory loss disability, and says the business could owe $482,000 in back pay despite her working there for only a month.

  • February 15, 2024

    Ex-Employer Blasts Lewis Brisbois Partner's Immunity Claim

    A Houston lawyer and his firm, Berg & Androphy, are urging a Texas state court to reject an attempt by a former employee and current partner with Lewis Brisbois Bisgaard & Smith LLP to avoid $457,190 in potential sanctions for allegedly harassing Berg & Androphy with years of legal fights over back wages.

  • February 15, 2024

    Credit Repair Biz Urges Sanctions In Sales Reps' Firing Suit

    A credit repair services company being sued by a group of fired sales agents has called on a Michigan federal court to sanction them, saying their claim of not knowing if they had signed contracts with arbitration terms was an attempt to wriggle out of arbitration.

  • February 15, 2024

    Bradley Arant Hires Liskow & Lewis Employment Pro In Houston

    A longtime Liskow & Lewis attorney has jumped to Bradley Arant Boult Cummings LLP's labor and employment practice in Houston in an effort to further the firm's strategic growth in Texas.

  • February 15, 2024

    Uber Driver Asks Justices To Stay Out Of PAGA Case

    A California court didn't ignore and actually followed U.S. Supreme Court precedent when it ruled that representatives' claims brought under California's Private Attorneys General Act can remain in court if individuals go into arbitration, an Uber driver has told the justices.

  • February 14, 2024

    Bar Seeker Says Colo. Blocking Needed Accommodations

    A recent law school graduate on Wednesday urged a Colorado state judge to order the state's legal licensing authority to give him extra time on this month's bar exam, laying out in sometimes emotional testimony how his visual impairments and ADHD affect his ability to take the test and how state officials have failed to accommodate him.

  • February 14, 2024

    Apple Unit Must Face Revived Bias And Retaliation Claims

    An Apple software subsidiary must face a former employee's gender discrimination and retaliation claims, a California appellate panel ruled on Tuesday, saying there is substantial evidence of discrimination toward the employee that raises a triable issue related to why she left the company.

  • February 14, 2024

    Union Says Religion Not Behind Fired Flight Attendants' Posts

    Two Alaska Airlines flight attendants alleging they were terminated from their positions for their religious convictions after making online posts about gender identity should have to prove their discrimination claims at trial, their union said, arguing that the attendants' real motive for posting publicly was political.

  • February 14, 2024

    Legal Org. Backs Lyft In Supreme Court PAGA Fight

    Representative and individual claims brought under California's Private Attorneys General Act are inseparable when it comes to arbitration, a legal organization told the U.S. Supreme Court on Wednesday, backing Lyft's challenge to a California state appellate court's decision preserving a former driver's representative claims.

  • February 14, 2024

    GOP Senator Wants Confirmation Hearing On Labor Secretary

    Sen. Bill Cassidy, R-La., called on the Senate Committee on Health, Education, Labor and Pensions to hold another hearing on the nomination of Julie Su to the position of secretary of labor, arguing that Su's record as acting secretary deserves public scrutiny.

  • February 14, 2024

    NYC Servers Sue Korean BBQ Eateries Over Tipped Wages

    A proposed class of servers hit two Manhattan-based Korean barbecue restaurants with a wage-and-tipping suit Wednesday in New York federal court, claiming their former employers failed to adhere to "strict" tip credits governed by the state and the Fair Labor Standards Act.

  • February 14, 2024

    Judge Keeps FCA Case Against Kaiser Permanente Alive

    A California federal judge on Wednesday kept alive key parts of a False Claims Act lawsuit brought by a former Kaiser Permanente compliance officer-turned-whistleblower alleging the large healthcare group schemed to defraud the federal government by inflating its Medicare capitation rates.

  • February 15, 2024

    Dartmouth Ruling Tips Off Athletes' Rights Redux At NLRB

    After punting on the issue nearly a decade ago, the National Labor Relations Board is poised to decide whether college athletes can unionize following a regional official's decision to allow a union vote among Dartmouth College men's basketball players.

  • February 14, 2024

    NHL, Junior Leagues Accused Of Exploitation In Antitrust Suit

    The National Hockey League and three independent but affiliated junior leagues are accused of systematically exploiting teenage players and immersing them in a culture of "economic, physical, psychological, and sexual" abuse as part of their development, according to a putative federal antitrust class action filed in New York Wednesday.

Expert Analysis

  • PAGA Turns 20: An Employer Road Map For Managing Claims

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    As California’s Private Attorneys General Act turns 20, the arbitrability of individual and representative claims remains relatively unsettled — but employers can potentially avoid litigation involving both types of claims by following guidance from the California Supreme Court’s Adolph v. Uber ruling, say attorneys at Mintz.

  • 7 E-Discovery Predictions For 2024 And Beyond

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    The legal and technical issues of e-discovery now affect virtually every lawsuit, and in the year to come, practitioners can expect practices and policies to evolve in a number of ways, from the expanded use of relevancy redactions to mandated information security provisions in protective orders, say attorneys at Littler.

  • Securities Class Actions Show No Signs of Slowing In 2024

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    Plaintiffs asserted securities class actions at elevated levels in 2023 — a sign that filings will remain high in the year ahead — as they switched gears to target companies that allegedly have failed to anticipate supply chain disruptions, persistent inflation, rising interest rates and other macroeconomic headwinds, say attorneys at Skadden.

  • Workplace Challenges Amid Israeli-Palestinian Conflict

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    Recent tension over the Israeli-Palestinian conflict has caused challenges in the employment sphere, sparking the question of whether employees can be legally disciplined for speaking out on issues related to the conflict, which depends on various circumstances, says Alok Nadig at Sanford Heisler.

  • Tips For Contractors Preparing For Potential Gov't Shutdown

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    With elements of the Congress’ latest continuing resolution expiring on Jan. 19, companies that may be fatigued by preparing for potential shutdown after potential shutdown should consider the current political climate and take specific steps now, say attorneys at Miller & Chevalier.

  • 5 Litigation Funding Trends To Note In 2024

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    Over the next year and beyond, litigation funding will continue to evolve in ways that affect attorneys and the larger litigation landscape, from the growth of a secondary market for funded claims, to rising interest rates restricting the availability of capital, says Jeffery Lula at GLS Capital.

  • 5 NLRA Changes To Make Nonunion Employers Wary In 2024

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    As the National Labor Relations Board continues pushing an aggressive pro-union agenda and a slate of strict workplace rules, nonunion employers should study significant labor law changes from 2023 to understand why National Labor Relations Act compliance will be so crucial to protecting themselves in the new year, say attorneys at Hunton.

  • Expect National Security Scrutiny Of Higher Ed To Continue

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    In 2023, the federal government significantly elevated the national security responsibilities of academic communities, so universities and research laboratories should take a more rigorous approach to research partnerships, say attorneys at Crowell & Moring.

  • High Court's Job Bias Questions May Predict Title VII Ruling

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    Employers may be able to predict — and prepare for — important changes to workplace discrimination laws by examining the questions the U.S. Supreme Court asked during oral arguments for Muldrow v. St. Louis, where several justices seemed to favor a low threshold for Title VII suits, says Wendy LaManque at Pryor Cashman.

  • What To Know About FCA Cybersecurity Enforcement

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    Now is a good time for practitioners, government contractors and potential relators to review recent developments in cybersecurity-related False Claims Act enforcement, and consider best practices for navigating this space in the new year, say Ellen London at London & Stout, and Li Yu and Molly Knobler at DiCello Levitt.

  • NLRA Expansion May Come With Risks For Workers

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    The last few years have seen a rapid expansion of the National Labor Relations Act to increase labor law coverage in as many ways and to as many areas as possible, but this could potentially weaken rather than strengthen support for unions and worker rights in the U.S., says Daniel Johns at Cozen O’Connor.

  • What One Litigator Learned Serving On A Jury

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    Kilpatrick attorney April Isaacson shares insights for trial lawyers from her recent experience serving on a jury for the first time, including lessons about the impact of frequent sidebars, considerations for using demonstratives, the importance of clear jury instructions, and the unconscious habits that can drive jurors mad.

  • Opinion

    Noncompete Report Misinterpreted Critique Of FTC Proposal

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    A recent report on core questions surrounding the use of employee noncompete agreements published by the Economic Innovation Group misconstrues our stated views on the issue — and we stand behind our conclusion that the Federal Trade Commission made misrepresentations when proposing a rule to ban such provisions nationwide, say Erik Weibust and Stuart Gerson at Epstein Becker.

  • What The NLRB Wants Employers To Know Post-Cemex

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    Recent guidance from the National Labor Relations Board illuminates prosecutorial goals following Cemex Construction Materials, a decision that upended decades of precedent, and includes several notable points to which employers should pay close attention, say attorneys at Perkins Coie.

  • 4 Legal Ethics Considerations For The New Year

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    As attorneys and clients reset for a new year, now is a good time to take a step back and review some core ethical issues that attorneys should keep front of mind in 2024, including approaching generative artificial intelligence with caution and care, and avoiding pitfalls in outside counsel guidelines, say attorneys at HWG.

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