Employment

  • June 12, 2024

    9th Circ. Questions Arbitration Carveout For AmEx Workers

    A Ninth Circuit panel seemed inclined Wednesday to force four white former American Express employees to arbitrate their proposed class action claims alleging race bias.

  • June 12, 2024

    Amazon Flex Drivers Seek to Arbitrate Employment Status

    Nearly 16,000 Amazon drivers filed arbitration claims against the e-commerce giant with the American Arbitration Association this week seeking unpaid wages and compensation for work-related expenses because of their misclassification as independent contractors.

  • June 12, 2024

    Energy Co. Says Specialist Can't Get Arbitration Exemption

    A Houston natural gas company told a Texas appellate court Wednesday that an environmental specialist injured in a pipeline explosion isn't covered by an exemption for interstate commerce work in the Federal Arbitration Act, arguing that allowing him to claim the exemption would be akin to allowing a janitor to do the same.

  • June 12, 2024

    Conn. Eatery Owners Threatened to Kill Ex-Worker, DOL Says

    A Connecticut restaurant group and its leaders ordered workers to lie to federal investigators during a wage and hour probe and threatened to kill an ex-worker for helping the U.S. Department of Labor, the agency said in a complaint filed in federal court.

  • June 12, 2024

    Ex-WWE Employee's Sex Abuse Suit Paused For 6 Months

    A former World Wrestling Entertainment Inc. legal staffer's sexual abuse and trafficking lawsuit against the company, WWE founder Vince McMahon and a former executive will remain paused until December, a Connecticut federal judge ordered, about two weeks after a prosecutor entered an appearance in the case.

  • June 12, 2024

    Conn. Justices Nix Health Dept. Worker's Whistleblower Claim

    The Connecticut Supreme Court has trounced a public health official's claim that she was fired for blowing the whistle on appointees who lacked mandatory credentials, upholding her termination but also backing her simultaneous pursuit of a union grievance and an administrative complaint.

  • June 12, 2024

    6th Circ. Says Worker's Anti-Vax Bias Suit Prematurely Tossed

    A trial court was too tough on a Christian job seeker when it threw out her religious bias lawsuit against an in-home healthcare provider that she alleged turned her away for refusing to get the COVID-19 vaccine, the Sixth Circuit ruled Wednesday.

  • June 12, 2024

    Ex-Wendy's Worker Drops Suit Over Breast-Pumping Space

    A former Wendy's employee who accused the company and multiple related entities of failing to provide proper private space for workers to pump breast milk despite federal labor laws requiring them to do so has permanently dropped her claims from Ohio federal court.

  • June 12, 2024

    Construction Co. Owes $353K For H-2A Violations, DOL Says

    A Nebraska construction company operating in California must pay nearly $353,000 in back wages and fines for denying 43 workers their full wages and rights under the H-2A temporary worker program, the U.S. Department of Labor announced Wednesday.

  • June 12, 2024

    Associate Sues Kaufman Dolowich Alleging Disability Bias

    A former associate with national law firm Kaufman Dolowich & Voluck LLP claims in a federal lawsuit that attorneys at the firm's Philadelphia office discriminated against him after he asked for accommodations for his hearing impairment.

  • June 12, 2024

    FBI Told OneTaste Witness To Delete Evidence, Ex-Execs Say

    Two former executives of sexual wellness company OneTaste Inc. said they uncovered "shocking" evidence that an FBI agent told a former employee of the business and key government witness to delete an old email account, allegedly destroying exculpatory evidence in a forced-labor conspiracy case.

  • June 12, 2024

    Massachusetts Pot Shop To Take Union Fight To 1st Circ.

    A Massachusetts cannabis retailer found to have engaged in union busting is appealing a district court order that directed it to bargain with a United Food and Commercial Workers local and to offer to rehire two fired union supporters.

  • June 12, 2024

    Nelson Mullins Partner's Widow Must Arbitrate Pay Dispute

    The estate of a Nelson Mullins Riley & Scarborough LLP partner who died last year is bound by a partnership agreement that requires disputes to be resolved through arbitration, a Massachusetts judge said in dismissing a suit brought by the attorney's widow.

  • June 12, 2024

    Marketing Co. Can't Sink ADA Suit Over Wellness Program

    An Illinois federal judge refused to toss a proposed class action brought by marketing firm workers who allege a medical exam for the company's wellness plan violated disability bias law, saying their argument that the test wasn't genuinely voluntary was strong enough to stay in court.

  • June 12, 2024

    Texas Firm Accused Of Misclassifying Paralegal As Contractor

    A Texas personal injury law firm misclassified a paralegal as an independent contractor and its director constantly changed the paralegal's time sheets, resulting in unpaid wages, she told a Texas federal court.

  • June 12, 2024

    Magistrate Endorses Axing OT Suit But Allowing 2nd Chance

    A federal magistrate judge advised tossing an unpaid overtime lawsuit against a California cold storage company that specializes in packing agricultural goods, but said the worker should have an opportunity to flesh out their claims.

  • June 12, 2024

    2nd Circ. Partially Nixes Injunction Over Amazon Firing

    The Second Circuit vacated on Wednesday a New York federal judge's order barring Amazon from firing workers for engaging in union activity, saying the judge did not explain why she imposed the broad prohibition while at the same time finding the company did not have to rehire a fired union activist.

  • June 12, 2024

    Jackson Lewis Adds Fisher Phillips Labor Pro In Houston

    Jackson Lewis PC has bolstered its labor and employment practice in Houston with a litigator who came aboard from Fisher Phillips.

  • June 11, 2024

    Seattle Port's Ex-Police Takes Wrongful Firing Case To Trial

    A former Port of Seattle police chief told a Washington state jury on Tuesday that he was wrongfully fired from his job over false claims that he retaliated against an officer, accusing the port of hiring an independent investigator to assemble a damning report in anticipation of a lawsuit over the termination.

  • June 11, 2024

    Fed. Circ. Reinstates Parts Of Blood Analyzer Secrets Verdict

    The Federal Circuit decided Tuesday that a Rhode Island jury was right to find that an Italian company's blood analyzer computer code was stolen by a U.S. rival, but another jury will have to determine any damages.

  • June 11, 2024

    DOL's H-2A Protections Rule Flouts Labor Law, GOP AGs Say

    The U.S. Department of Labor's final rule including protections for foreign farmworkers within the H-2A visa program doesn't comport with federal labor law, a group of Republican attorneys general claimed in Georgia federal court, saying the rule doesn't give the same rights to U.S. citizen workers.

  • June 11, 2024

    Smoking Habit Can't Nix Retired Miner's Black Lung Benefits

    The Seventh Circuit on Monday backed a review board's decision to uphold black lung benefits for a retired coal worker who smoked cigarettes through his entire career in the mines, saying it wouldn't second-guess medical findings made at the administrative level.

  • June 11, 2024

    Raytheon Openly Prefers Younger Job Applicants, Suit Says

    Raytheon for years has violated age bias law by advertising positions explicitly meant for recent college graduates despite public statements acknowledging that the aerospace company needs thousands of additional workers, a 67-year-old job applicant alleged Tuesday in Massachusetts federal court.

  • June 11, 2024

    Home Depot Again Notches Win In OT Suit

    A California federal court ruled that although a group of workers accusing Home Depot of unpaid overtime set forth enough new evidence to reconsider a win the home improvement chain snagged, the workers didn't sustain their arguments that the company purposely tried to dodge overtime laws.

  • June 11, 2024

    Sports Anchor Sues Agency Over Handling Of ESPN Feud

    Former ESPN anchor Sage Steele sued her representatives at Creative Artists Agency in California court Tuesday, alleging that the agency did not sufficiently advocate for her during a public dispute over comments she made regarding her employer's COVID-19 vaccine mandate.

Expert Analysis

  • Crafting An Effective Workplace AI Policy After DOL Guidance

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    Employers should take proactive steps to minimize their liability risk after the U.S. Department of Labor released artificial intelligence guidance principles on May 16, reflecting the reality that companies must begin putting into place policies that will dictate their expectations for how employees will use AI, say David Disler and Courtnie Bolden at ​​​​​​​Porzio Bromberg.

  • Patent Lessons From 7 Federal Circuit Reversals In May

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    A look at recent cases where the Federal Circuit reversed or vacated decisions by the Patent Trial and Appeal Board or a federal district court provide guidance on how to succeed on appeal by clarifying the obviousness analysis of design patents, the finality of a judgment, and more, say Denise De Mory and Li Guo at Bunsow De Mory.

  • Litigation Inspiration: Attys Can Be Heroic Like Olympians

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    Although litigation won’t earn anyone an Olympic medal in Paris this summer, it can be worthy of the same lasting honor if attorneys exercise focused restraint — seeking both their clients’ interests and those of the court — instead of merely pursuing every advantage short of sanctionable conduct, says Bennett Rawicki at Hilgers Graben.

  • Politics In The Workplace: What Employers Need To Know

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    As the 2024 election approaches and protests continue across the country, employers should be aware of employees' rights — and limits on those rights — related to political speech and activities in the workplace, and be prepared to act proactively to prevent issues before they arise, say attorneys at Littler.

  • Lean Into The 'Great Restoration' To Retain Legal Talent

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    As the “great resignation,” in which employees voluntarily left their jobs in droves, has largely dissipated, legal employers should now work toward the idea of a “great restoration,” adopting strategies to effectively hire, onboard and retain top legal talent, says Molly McGrath at Hiring & Empowering Solutions.

  • What High Court Ruling Means For Sexual Harassment Claims

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    In its recent Smith v. Spizzirri decision, the U.S. Supreme Court held that a district court compelling a case to arbitration is obligated to stay the case rather than dismissing it, but this requirement may result in sexual harassment cases not being heard by appellate courts, says Abe Melamed at Signature Resolution.

  • NCAA Settlement May End The NIL Model As We Know It

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    The recent House v. NCAA settlement in California federal court, in which the NCAA agreed to allow schools to directly pay March Madness television revenue to their athletes, may send outside name, image and likeness collectives in-house, says Mike Ingersoll at Womble Bond.

  • 5 Steps For Gov't Contractor Affirmative Action Verification

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    As the federal contractor affirmative action program certification deadline approaches, government contractors and subcontractors should take steps to determine their program obligations, and ensure any required plans are properly implemented and timely registered, say Christopher Wilkinson at Perkins Coie and Joanna Colosimo at DCI Consulting.

  • Boeing Saga Underscores Need For Ethical Corporate Culture

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    In the wake of recent allegations about Boeing’s safety culture, and amid the U.S. Department of Justice’s new whistleblower incentives, business leaders should reinvigorate their emphasis on compliance by making clear that long-term profitability requires ethical business practices, says Maxwell Carr-Howard at Dentons.

  • New OSHA Memo Helps Clarify Recordkeeping Compliance

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    Based on recent Occupational Safety and Health Administration guidance on whether musculoskeletal disorders are recordable injuries under the agency's recordkeeping regulation, it appears that OSHA may target active release techniques and stretching programs during its inspections, say attorneys at Morgan Lewis.

  • A Closer Look At Feds' Proposed Banker Compensation Rule

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    A recently proposed rule to limit financial institutions' ability to award incentive-based compensation for risk-taking may progress through the rulemaking process slowly due to the sheer number of regulators collaborating on the rule and the number of issues under consideration, say attorneys at Troutman Pepper.

  • Why Jurors Balk At 'I Don't Recall' — And How To Respond

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    Jurors often react negatively to a witness who responds “I don’t remember” because they tend to hold erroneous beliefs about the nature of human memory, but attorneys can adopt a few strategies to mitigate the impact of these biases, say Steve Wood and Ava Hernández at Courtroom Sciences.

  • Series

    Fishing Makes Me A Better Lawyer

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    Atop the list of ways fishing makes me a better lawyer is the relief it offers from the chronic stress of a demanding caseload, but it has also improved my listening skills and patience, and has served as an exceptional setting for building earnest relationships, says Steven DeGeorge​​​​​​​ at Robinson Bradshaw.

  • Exploring Alternatives To Noncompetes Ahead Of FTC Ban

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    Ahead of the Sept. 4 effective date for the Federal Trade Commission's noncompete ban, employers should seek new ways to protect their proprietary and other sensitive information, including by revising existing confidentiality and nondisclosure agreements, says Harvey Linder at Culhane.

  • 10 Tips To Build Trust With Your Witness During Trial Prep

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    Preparing a witness for deposition or trial requires more than just legal skills — lawyers must also work to cultivate trust with the witness, using strategies ranging from wearing a hat when conducting mock cross-examination to offering them a ride to court before they testify, say Faye Paul Teller and Sara McDermott at Munger Tolles.

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