Employment

  • February 13, 2024

    Security Guards Aim For Victory In Drawn-Out Wage Suit

    Security guards alleging their employer owes overtime pay and violated federal wage law have asked a Georgia federal court to hand them victory in the suit, claiming the company failed to respond during years of litigation.

  • February 13, 2024

    Insurance Co. Stock Fight Belongs In Del., NC Judge Rules

    A former partner in an insurance brokerage who alleges the company gave him a lowball offer to buy back his shares after he was fired should have brought his complaint in Delaware, a North Carolina Business Court judge has ruled in granting the brokerage's motion to dismiss.

  • February 13, 2024

    Wells Fargo, Ex-Exec Continue Bids To Win Bias Suit

    A Wells Fargo unit and one of its former investment directors are pushing their competing bids for summary judgment in a disability bias suit, each claiming there is evidence to support their arguments regarding why the director's termination occurred.

  • February 13, 2024

    Fluor Fights FCA's Legality In Bid To Escape Fraud Suit

    Fluor Corp. pressed the South Carolina federal court to knock out a False Claims Act suit by former military officers, arguing that the law supporting the entire case unconstitutionally vests private citizens with government powers.

  • February 13, 2024

    AI-Generated Fake Case Law Leads To Sanctions In Wage Suit

    The owner of a Missouri-based technology business that was ordered to pay an ex-employee roughly $311,000 in unpaid wages, damages and legal costs was sanctioned Tuesday by an appellate court for briefing "deficiencies," including submitting fake cases generated by artificial intelligence.

  • February 13, 2024

    Conn. Agency Loses Sanctions Bid In Worker's Noose Suit

    A Black employee of Connecticut's energy and environmental regulator who claims he found a noose in his workplace in 2018 will not face new sanctions for deleting the alleged photo evidence, a federal judge ruled Tuesday in declining to end the hostile workplace lawsuit midtrial.

  • February 13, 2024

    Cuomo Says Law Firms Won't Comply With Subpoenas

    Former New York Gov. Andrew Cuomo wants to force law firms Cleary Gottlieb Steen & Hamilton LLP and Vladeck Raskin & Clark PC to turn over information about the women whose sexual misconduct accusations forced him to resign, even as those women accuse Cuomo of "blatantly" weaponizing his taxpayer-funded attorneys to mount a "revenge" campaign through the courts.

  • February 13, 2024

    Ex-DraftKings Exec's Attys Seek $310K For Court Pingpong

    Lawyers for a former DraftKings Inc. executive who recently defected to rival Fanatics are seeking more than $310,000 in attorney fees, arguing the amount is reasonable and would cover their work for two "objectively unreasonable" removals of the case to federal court by DraftKings, behavior they called "disturbing litigation conduct."

  • February 13, 2024

    Officer Says He Was Denied Work Due To Race, Med. Pot Use

    A Connecticut police officer who was injured in training says he was wrongfully denied disability retirement and was unable to secure administrative work after injuring his neck, experiencing discrimination based on his race and ethnicity as well as his physical disability.

  • February 13, 2024

    Fired McElroy Deutsch Exec Pursues Firm Leaders' Amex Info

    A former executive at McElroy Deutsch Mulvaney & Carpenter LLP, who is accused with her husband of stealing over $3 million from the firm, doubled down on her discovery request this week for corporate credit card statements from several firm leaders, rejecting the argument that their credit card use is not comparable to hers.

  • February 13, 2024

    Staffing Co. Sues NC Nursing Home Over Unpaid Invoices

    A North Carolina nursing home has stopped paying a healthcare staffing company for nurses it provided as part of a service contract, according to a federal lawsuit outlining more than $1 million in unpaid invoices.

  • February 13, 2024

    Ex-Twitter Workers Say Severance Plan Existed In $500M Suit

    The company formerly known as Twitter had a severance plan, workers laid off in the wake of ex-CEO Elon Musk's takeover told a California federal judge, fighting Musk and X's argument that the $500 million lawsuit should be tossed because no such plan existed.

  • February 13, 2024

    Catholic Hospital's Religious Status Dooms Vaccine Bias Suit

    A Missouri federal judge granted a win to a Catholic hospital in a former nurse's lawsuit alleging she was fired because her religious beliefs barred her from getting the COVID-19 vaccine, saying it's clearly a religious employer that's immune from her claims.

  • February 13, 2024

    Foot Locker Can't Escape Fired Manager's Age Bias Suit

    Foot Locker can't avoid a former district manager's suit alleging he was fired because he was 59 years old, a Texas federal judge ruled, finding he provided enough evidence for a jury to conclude the retailer was dishonest when it said his performance was lacking.

  • February 12, 2024

    Justices Asked To Ignore 'Unremarkable' McDonald's Ruling

    Former McDonald's workers urged the U.S. Supreme Court not to review the hamburger chain's appeal of a Seventh Circuit ruling reviving a proposed class action targeting the company's since-discontinued franchise agreement's no-poach provisions.

  • February 12, 2024

    Fired Wells Fargo Exec Nabs Partial Win In Retaliation Suit

    A California magistrate judge on Monday granted a partial win to a former Wells Fargo executive who sued the bank for allegedly firing him because he was a whistleblower, rejecting arguments that the bank is preempted by a provision of the National Banking Act.

  • February 12, 2024

    Tilray Slammed For 'Secret' Bid To Undo Exec's $4M Award

    A former Tilray executive accused the company of "cloak-and-dagger" legal maneuvering on Monday as she urged a federal judge to let stand her $4 million arbitration victory against the company, arguing that Tilray didn't even wait for her award to be finalized in Minnesota before running to a Washington court to void it.

  • February 12, 2024

    Ex-Levi & Korsinsky Partner Drops Sex Bias Suit Against Firm

    A former partner at Levi & Korsinsky LLP on Monday permanently dropped her New York federal court lawsuit alleging sex-based discrimination and retaliation.

  • February 12, 2024

    Farmworkers Union Fights Bid To Stop NY Ag Law

    The United Farm Workers urged a New York federal judge to let the union intervene in a dispute over a state law covering protections for agriculture workers, arguing an agricultural organization and family-run farms made claims that implicated the union in their suit to block the law's enforcement.

  • February 12, 2024

    X Says Ex-Workers' New Sex Bias Complaint Is Still Deficient

    X Corp. urged a California federal court to throw out a proposed class action alleging that Elon Musk's takeover of the company formerly known as Twitter predominantly impacted women through an ensuing culture shift and mass layoffs, saying a new complaint does not fix flaws identified in a previous effort.

  • February 12, 2024

    Ex-Paralegal Asks Del. Justices To Undo Jobless Pay Ruling

    A former Morris James LLP paralegal on Monday urged Delaware's highest court to let him collect a year's worth of unemployment benefits, arguing a lower court erred in finding that a payment he received when leaving the firm was severance pay rather than compensation for a whistleblower claim.

  • February 12, 2024

    Shepherd's Death Halts Round-The-Clock H-2A Pay Case

    A case on whether Nevada state law requires foreign shepherds working through the H-2A temporary visa program to be paid round-the-clock wages was put on hold Monday after the Western Range Association said the plaintiff had died.

  • February 12, 2024

    Judge Orders Arbitration In Fla. Doctor's New Contract Claim

    A doctor who says he faced retaliation from companies he had contracted with after objecting to violations of the False Claims Act must take his newest allegations to arbitration, a Florida federal judge ruled Monday, rejecting the physician's argument that one of the defendants had waived its arbitration rights.

  • February 12, 2024

    Aaron's Job Applicant Insists He Can Sue Over Online Posting

    A job seeker is claiming he has a right to sue rent-to-own retailer Aaron's for allegedly running afoul of Washington's pay transparency law even though he was never hired, arguing it would be "absurd" to require him to take the job before being able to sue over a lack of details in a posting.

  • February 12, 2024

    Apple, Rivos On The Way To A Deal In Trade Secrets Fight

    Apple has reached an agreement potentially resolving its claims that startup chipmaker Rivos poached engineers and directed them to steal the tech giant's trade secrets, telling a California federal judge the deal would allow Apple to conduct a forensic examination of Rivos' systems.

Expert Analysis

  • Inside Higher Education's New FCA Liability Challenges

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    As the educational sector expands its use of government funding, schools are at increased risk under the False Claims Act, but recent settlements offer valuable lessons about new theories of liability they may face and specific procedures to reduce their exposure, say James Zelenay and Jeremy Ochsenbein at Gibson Dunn.

  • Attorneys' Busiest Times Can Be Business Opportunities

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    Attorneys who resolve to grow their revenue and client base in 2024 should be careful not to abandon their goals when they get too busy with client work, because these periods of zero bandwidth can actually be a catalyst for future growth, says Amy Drysdale at Alchemy Consulting.

  • In The World Of Legal Ethics, 10 Trends To Note From 2023

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    Lucian Pera at Adams and Reese and Trisha Rich at Holland & Knight identify the top legal ethics trends from 2023 — including issues related to hot documents, artificial intelligence and cybersecurity — that lawyers should be aware of to put their best foot forward.

  • Del. Dispatch: The 2023 Corporate Cases You Need To Know

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    Corporate and mergers and acquisitions litigation has continued at a fevered pace this year, with the Delaware courts addressing numerous novel issues with important practical implications, including officer exculpation and buyer aiding-and-abetting liability, say attorneys at Fried Frank.

  • Lessons Learned From 2023's Top ADA Decisions

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    This year saw the courts delving into the complexities of employee accommodations under the Americans with Disabilities Act in the post-pandemic workplace, going beyond bright-line rules with fact-intensive inquiries that are likely to create uncertainty for employers, says Linda Dwoskin at Dechert.

  • The Key Laws Retailers Should Pay Attention To In 2024

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    2024 promises to be another transformative year for retailers as they navigate the evolving regulatory landscape, particularly surrounding data privacy and sustainability laws, meaning companies should make it a practice to keep track of new legislation and invest in compliance efforts early on, say attorneys at Benesch.

  • Cos. Should Be On Guard After Boom In Unfair Labor Claims

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    The National Labor Relations Board's recent expansion of protected activity and imposition of case-by-case policies led to a historic boom in unfair labor practice charges in 2023, so companies should prepare for labor complaints to increase in 2024 by conducting risk assessments and implementing compliance plans, say Daniel Schudroff and Lorien Schoenstedt at Jackson Lewis.

  • 3 Developments That Will Affect Hospitality Companies In 2024

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    As the hospitality industry continues its post-pandemic recovery, it faces both challenges and opportunities to thrive in 2024, including navigating new labor rules, developing branded residential living spaces and cautiously embracing artificial intelligence, says Lauren Stewart at Sheppard Mullin.

  • What's Ahead For Immigrant Employee Rights Enforcement

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    The U.S. Department of Justice’s increased enforcement related to immigration-based employment discrimination is coupled with pending constitutional challenges to administrative tribunals, suggesting employers should leverage those headwinds when facing investigations or class action-style litigation, say attorneys at Jones Day.

  • How Attorneys Can Be More Efficient This Holiday Season

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    Attorneys should consider a few key tips to speed up their work during the holidays so they can join the festivities — from streamlining the document review process to creating similar folder structures, says Bennett Rawicki at Hilgers Graben.

  • Top 10 Whistleblowing And Retaliation Events Of 2023

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    The U.S. Securities and Exchange Commission and federal and state courts made 2023 another groundbreaking year for whistleblower litigation and retaliation developments, including the SEC’s massive whistleblower awards, which are likely to continue into 2024 and further incentivize individuals to submit tips, say attorneys at Proskauer.

  • How Int'l Student-Athlete Law Would Change The NIL Game

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    Recently proposed legislation to allow international student-athletes the opportunity to profit from their name, image and likeness without violating their F-1 nonimmigrant student visa status represents a pivotal step in NIL policy, and universities must assess and adapt their approaches to accommodate unique immigration concerns, say attorneys at Phelps Dunbar.

  • 10 Steps To Reduce Risks From AI Employment Tools

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    In light of the White House’s recent executive order on responsible use of artificial intelligence, companies using AI tools to make employment decisions should take steps to understand and mitigate the legal risks posed by these products and keep up with the rapidly evolving regulations that govern them, say attorneys at Cooley.

  • Series

    Children's Book Writing Makes Me A Better Lawyer

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    Becoming a children's book author has opened doors to incredible new experiences of which I barely dared to dream, but the process has also changed my life by serving as a reminder that strong writing, networking and public speaking skills are hugely beneficial to a legal career, says Shaunna Bailey at Sheppard Mullin.

  • What Employers Can Learn From EEOC's 2023 ADA Priorities

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    Between a spike in Americans with Disabilities Act suits filed by the Equal Employment Opportunity Commission in 2023 and the agency’s newly released priorities, the EEOC has provided employers a preview of several ADA issues — like web accessibility, pregnancy discrimination and inflexible policies — it will likely focus enforcement on next year, says Stacy Bunck at Ogletree.

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