Employment

  • February 12, 2024

    States Urge Court To OK Injunction Against NCAA's NIL Rules

    Tennessee and Virginia are taking another shot at pausing the NCAA's name, image and likeness recruiting rules, attempting to shore up their arguments and asking the court not to use the same reasoning it did for denying a temporary restraining order in their antitrust suit against the organization.

  • February 12, 2024

    9th Circ. Revives Lowe's Worker's Nonindividual PAGA Claims

    The Ninth Circuit upheld a decision ordering a Lowe's employee's individual California Private Attorneys General Act wage claims to arbitration, finding Monday that her arbitration agreement was enforceable and vacating the dismissal of her representative claims with instructions to apply the California Supreme Court's holding in Adolph v. Uber Technologies.

  • February 12, 2024

    Ex-NJ County Health Director Claims Ouster Due To Age, Politics

    The former executive director of a Garden State county's health department has claimed that he was fired in retaliation for reporting a secret meeting he had with a newly elected county commissioner who asked about his age and how much longer he planned on working, according to a lawsuit filed in New Jersey state court.

  • February 12, 2024

    Ex-Flight Attendant Wants JetBlue Sanctioned In Docs Fight

    JetBlue Airways Corp. should be held in contempt of court and sanctioned for failing to turn over documents in a former flight attendant's lawsuit over allegedly toxic fumes that she inhaled on the job, she and her husband have told a Connecticut federal court in a motion to force the airline's compliance with a subpoena.

  • February 12, 2024

    Railroad Asks 8th Circ. To Undo Fired Worker's Back Pay Win

    Kansas City Southern Railway Co. is fighting a court order requiring it to fully reimburse a wrongfully fired employee for five years of lost pay and benefits, telling the Eighth Circuit on Monday that its question about whether the payout should account for lost vacation time belongs before an arbitrator. 

  • February 12, 2024

    Financial Services Co. Underpaid Women Execs, Ex-VP Says

    Trustly Inc. vastly underpaid female executives compared to their male colleagues in keeping with a misogynistic "tech-bro culture," according to a former vice president who claimed in a complaint filed in New Jersey federal court that she was discharged for raising concerns about the pay disparity.

  • February 12, 2024

    Cordell & Cordell Seeks Early Win In Suit By Fired Paralegal

    A family law firm has asked a Kansas federal judge to grant it a win in a former paralegal employee's lawsuit claiming she was mistreated and fired after reporting sexual harassment, saying her termination was because of performance issues.

  • February 12, 2024

    Court Reporters Deemed Exempt Contractors In Benefits Case

    A New Jersey appellate court on Monday partially undid orders requiring two legal transcription services companies to reimburse the state for unpaid unemployment and disability benefits, ruling that court reporters are exempt independent contractors under state law.

  • February 12, 2024

    Ventura County Office Extends GRSM50's Golden State Reach

    San Francisco-founded Gordon Rees Scully Mansukhani LLP has opened an office in Ventura County, California — its 10th physical presence in the Golden State and its 78th locale overall, the firm said Monday.

  • February 12, 2024

    Ex-Melick & Porter Partner Says Colleague Forced Him Out

    A former Melick & Porter LLP partner claimed in a Massachusetts state court lawsuit that he was pushed out of the firm by another partner who undermined him and stole clients.

  • February 12, 2024

    Fla. Atty Wants $300K COVID Relief Fraud Conviction Axed

    A Florida attorney convicted of conspiring to defraud a U.S. coronavirus pandemic relief program has asked a Georgia federal judge to vacate the jury's guilty verdict and either acquit her or order a new trial, arguing the government violated her due process rights by not submitting sufficient evidence to prove her guilt.

  • February 09, 2024

    Employment Authority: Tips To Avoid Layoffs Litigation

    Law360 Employment Authority covers the biggest employment cases and trends. Catch up this week with coverage on how companies can limit litigation risks amid layoffs, why the Fifth Circuit has become a popular appeals court for NLRB decisions, and how avoiding Gen Z job candidates could open employers up to age bias claims.

  • February 09, 2024

    Texas City Challenges $8M Race Discrimination Verdict

    A Texas city that lost a multimillion-dollar discrimination case brought by its Black former city manager appealed the jury verdict to the Fifth Circuit just as the manager's attorneys moved for $1.2 million in fees in federal court.

  • February 09, 2024

    DC Circ. Affirms Union Pension Fund Can Dodge Arb. Awards

    The D.C. Circuit on Friday affirmed two employers' losses in two suits brought by a pension fund for the International Association of Machinists, finding an actuary can set assumptions for a measurement date after the fact based on information that was available as of that date.

  • February 09, 2024

    Ex-Terminix Worker Asks 9th Circ. To Revive PAGA Wage Fight

    A former Terminix worker urged the Ninth Circuit on Friday to vacate an order tossing his nonindividual wage claims while sending his individual California Private Attorneys General Act claims to arbitration, arguing he has standing to bring nonindividual claims under the California Supreme Court's decision in Adolph v. Uber Technologies. 

  • February 09, 2024

    Amazon Cut Delivery Co. To Punish Complaints, Suit Says

    Amazon mischaracterized the employment of a package delivery servicer and severed the team's contract after its leader complained about alleged sexual harassment, violating Massachusetts employment law, the team leader told a state court Friday.

  • February 09, 2024

    Bloomberg Inks $8.6M Deal In OT Fight With Data Analysts

    A trio of ex-Bloomberg data analysts said Thursday that the media company has agreed to pay $8.6 million to end class and collective action allegations in New Jersey federal court accusing the data and media company of failing to pay them for overtime work.

  • February 09, 2024

    3rd Circ. Won't Revive Fired Officer's Infertility Leave Bias Suit

    The Third Circuit on Friday backed the dismissal of a juvenile probation officer's suit claiming she was fired for requesting time off to recover from an infertility-related procedure, ruling that she hadn't put forward enough proof to disqualify the state's assertion she was fired for sloppy case filings.

  • February 09, 2024

    DC Circ. Mulls NLRB Finding That Starbucks Broke Labor Law

    The D.C. Circuit seemed split Friday morning on whether Starbucks had stepped on labor law by barring a worker from passing out pro-union pins on the store floor during company time, which the manager said included paid breaks.

  • February 09, 2024

    Freight Co. Workers Fight To Keep Fingerprint Data Suit Alive

    Old Dominion Freight is only raising a timing argument to dodge claims it unlawfully scans and stores employees' fingerprints without their consent because "it is upset," a group of workers told an Illinois federal judge Friday.

  • February 09, 2024

    New York Teacher Pays $75K For Mock Slave Auction Harm

    A northern New York teacher will pay $75,000 for holding a mock slave auction of Black students in her classroom, settling a federal suit over a lesson a 10-year-old student's mother said emotionally damaged her son.

  • February 09, 2024

    Mental Health App Says Former Exec Can't Lead Rival

    Therapy app company SonderMind Inc. has filed a lawsuit in Denver state court alleging a former chief medical officer is violating a non-compete clause he signed by taking an identical role at rival company Rula Health.

  • February 09, 2024

    Lack Of Expert Won't Derail CSX Engineer's Hearing Loss Suit

    An Alabama federal court has ruled a former engineer for CSX Transportation Inc. can pursue his negligence claims against the railroad company, saying a layperson can understand how being close to a loud train horn could cause hearing loss without an expert's explanation.

  • February 09, 2024

    X Says Ex-Worker's Feelings Can't Sustain Age, Sex Bias Suit

    X Corp., formerly known as Twitter, said it shouldn't have to face a proposed class action alleging it pushed out women and older workers after Elon Musk took over, telling a California federal court that an ex-employee's subjective perception of the billionaire's policies couldn't support the case.

  • February 09, 2024

    Salesman Used AI To Transcribe Calls, Steal Secrets, Cos. Say

    Two Nebraska-based technology companies say a former Connecticut salesman used the "unauthorized" artificial intelligence program Otter to record meetings, forwarded more than 200 confidential messages to his personal email address and made off with trade secrets for accounts worth $12 million after he was fired for cause on Feb. 1.

Expert Analysis

  • Hoopers In NCAA Suit Respark Eligibility Framework Debate

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    A decision by two brothers involved in a recent antitrust lawsuit against the NCAA — to play college basketball rather than go professional after graduating from the Overtime Elite league — has aimed the spotlight on what exactly the NCAA deems permissible compensation under its current framework, say Brady Foster and Dan Lust at Moritt Hock.

  • Practical Insights For Employers Using AI

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    Keeping up with the relentless pace and evolution of regulatory and legislative artificial intelligence in 2023 has been a challenge for employers, but there are four takeaways employers using AI in the workplace should consider by looking toward developments like the European Union's AI Act and President Joe Biden's AI executive order, say attorneys at Gibson Dunn.

  • Lessons From DOJ's Wave Of Labor Market Prosecutions

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    Attorneys at Patterson Belknap consider lessons learned and future meaningful challenges following the U.S. Department of Justice's first six criminal antitrust cases targeting employee no-poach and wage-fixing agreements, in which just one case resulted in a guilty plea.

  • Starbucks Raise Ruling Highlights Labor Law Catch-22

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    A National Labor Relations Board judge recently ruled that Starbucks violated federal labor law when it gave raises to nonunion employees only, demonstrating that conflicts present in workforces with both union and nonunion employees can put employers in no-win situations if they don't consider how their actions will be interpreted, say attorneys at Duane Morris.

  • 5 Steps For Healthcare Companies After Biden's AI Order

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    Rather than simply monitoring for the issuance of agency guidelines on artificial intelligence in the wake of President Joe Biden's October executive order, health and life sciences companies should take action now and begin building internal operational and technical infrastructures designed to govern the use of AI, says Joy Sharp at Faegre Drinker.

  • Del. Ruling Shows Tension Between 363 Sale And Labor Law

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    The Delaware federal court's ruling in the Braeburn Alloy Steel case highlights the often overlooked collision between an unstayed order authorizing an asset sale free and clear of successor liability under Section 363 of the Bankruptcy Code and federal labor law imposing successor liability on the buyer, say attorneys at Proskauer.

  • How Clients May Use AI To Monitor Attorneys

    Excerpt from Practical Guidance
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    Artificial intelligence tools will increasingly enable clients to monitor and evaluate their counsel’s activities, so attorneys must clearly define the terms of engagement and likewise take advantage of the efficiencies offered by AI, says Ronald Levine at Herrick Feinstein.

  • A New Wave of Guidance For Safer Seas Act Compliance

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    Since Congress passed the Safer Seas Act, its ambiguous requirements have left stakeholders unsure how to fulfill the law's goals of making U.S.-flagged vessels safer for crews and passengers — but recent guidance from the U.S. Coast Guard should help owners and operators achieve compliance, say attorneys at Holland & Knight.

  • Navigating Issues Around NY Freelancer Pay Protection Bill

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    New York’s recently signed Freelance Isn’t Free Act was designed to protect freelance workers, but leaves business to navigate challenges such as unclear coverage, vague contract terms and potentially crushing penalties, says Richard Reibstein at Locke Lord.

  • How AI Executive Order Aims To Compete For Foreign Talent

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    Immigration provisions within the Biden administration's executive order on artificial intelligence take a strategic approach to promoting the U.S. as a destination for AI and STEM talent by streamlining visa processing, enhancing educational and exchange programs, and improving current visa programs and pathways to permanent residency, says Eric Bord at Morgan Lewis.

  • Series

    The Pop Culture Docket: Judge D'Emic On Moby Grape

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    The 1968 Moby Grape song "Murder in My Heart for the Judge" tells the tale of a fictional defendant treated with scorn by the judge, illustrating how much the legal system has evolved in the past 50 years, largely due to problem-solving courts and the principles of procedural justice, says Kings County Supreme Court Administrative Judge Matthew D'Emic.

  • The Key To Defending Multistate Collective FLSA Claims

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    Federal circuit courts are split on the reach of a court's jurisdiction over out-of-state employers in Fair Labor Standards Act collective actions, but until the U.S. Supreme Court agrees to review the question, multistate employers should be aware of a potential case-changing defense, say Matthew Disbrow and Michael Dauphinais at Honigman.

  • Ill. Temp Labor Rules: No Clear Road Map For Compliance

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    While the delay of a particularly thorny provision of the Illinois temporary worker law will provide some short-term relief, staffing agencies and their clients will still need to scramble to plan compliance with the myriad vague requirements imposed by the other amendments to the act, say Alexis Dominguez and Alissa Griffin at Neal Gerber.

  • Series

    Performing Music Makes Me A Better Lawyer

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    The discipline of performing live music has directly and positively influenced my effectiveness as a litigator — serving as a reminder that practice, intuition and team building are all important elements of a successful law practice, says Jeff Wakolbinger at Bryan Cave.

  • How EU Sustainability Directive Will Improve Co. Reporting

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    The need for organizations to make nonfinancial disclosures under the recently adopted EU Sustainability Reporting Standards will significantly change workforce and human rights reporting, and with the objective of fostering transparency, should bring about an increased focus on risks, policies and action plans, say Philip Spyropoulos and Thomas Player at Eversheds Sutherland.

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