Employment

  • February 27, 2024

    Hospital Denies Nurses OT For Work During Breaks, Suit Says

    A Michigan hospital has been refusing to pay a group of nurses and technicians overtime wages by automatically deducting pay for meal breaks they cannot take, according to a proposed collective action filed in federal court.

  • February 26, 2024

    Diddy Producer Says He Was Sexually Assaulted, Harassed

    A producer who worked on Diddy's latest album said Monday that he was sexually assaulted and harassed by the rapper and his friends while living and working with him, and also witnessed Diddy providing "laced alcoholic beverages" to minors and sex workers, according to a lawsuit filed in New York federal court.

  • February 26, 2024

    Sales Reps Score $1.6M In Fees After Beating RICO Case

    A federal judge in Los Angeles has ordered a biotech startup to pay more than $1.6 million in legal fees to two former employees, after the company failed to convince a jury that the pair broke racketeering laws when they worked for a rival that stole proprietary information when setting up shop.

  • February 26, 2024

    FDIC Faces Staffing Crunch Amid Rising Turnover, IG Warns

    The Federal Deposit Insurance Corp. is struggling to hire enough new employees to keep up with retirements and departures, especially in its examinations department, according to a report from the independent agency's inspector general.

  • February 26, 2024

    Ex-Bank CFO Cops To $700K Theft And Life Insurance Scam

    An ex-Eastern International Bank chief financial officer has pled guilty to defrauding the bank out of more than $700,000 to pay his personal expenses, and he admitted to opening life insurance policies in the names of bank employees to benefit his wife, according to the U.S. Department of Justice.

  • February 26, 2024

    Business, Not Bias, Led To Mostly Black Layoffs, Judge Finds

    A federal judge has ruled that legitimate business interests drove a Washington, D.C., social services agency's choices regarding layoffs in 2010, despite those decisions disproportionately affecting Black workers — deciding the sole claim remaining in a proposed class action that has seen back-and-forth battles for more than 12 years.

  • February 26, 2024

    Colo. Workers Say United Jumped Gun On OT Exemption

    Employees of a United Airlines subsidiary who cleaned aircraft in Colorado airports were denied time-and-a-half overtime pay when they voluntarily picked up colleagues' shifts, two workers have alleged in a proposed class action filed in Colorado federal court.

  • February 26, 2024

    UAW, Fiat Chrysler Escape Engineers' Bribery Scheme Suit

    The United Auto Workers, Fiat Chrysler and others are off the hook for state fraud and civil conspiracy claims brought by auto engineers in connection to a bribery scheme between union officials and the automaker, a Michigan federal judge ruled Monday, citing a recent Sixth Circuit decision finding related allegations untimely.

  • February 26, 2024

    Ex-Workers Fight X's Bid To Toss Sex Bias Suit

    Former X Corp. workers urged a California federal court to keep in play their lawsuit alleging that Elon Musk's takeover of the company formerly known as Twitter caused women to lose their jobs, saying they put forward enough detail to survive the company's motion to dismiss.

  • February 26, 2024

    3rd Circ. Backs Amtrak's Win In Fired Black Worker's Bias Suit

    The Third Circuit declined Monday to revive a Black former Amtrak inspector's racial discrimination suit claiming he was fired out of prejudice, ruling he didn't show bias informed the company's decision to sack him for taking hundreds of dollars in gifts from a contractor.

  • February 26, 2024

    Gartner, Hackett Settle Trade Secrets, Employee-Poaching Suit

    Consulting firm Gartner Inc. and its rival The Hackett Group Inc. have settled a trade secrets fight that saw each company accuse the other of unfair trade practices, according to a filing dismissing the case from Connecticut federal court.

  • February 26, 2024

    Journos Say Feds Can't Delay Contractor Demographic Data

    The Center for Investigative Reporting urged a California federal court not to allow the U.S. Department of Labor to withhold government contractor demographic reports, arguing that any further delays in disclosure would harm the public.

  • February 26, 2024

    6th Circ. Sanctions Prison Co. For Not Disclosing Asset Info

    A Sixth Circuit panel has held a Federal Bureau of Prisons contractor in contempt for its "woefully inadequate" efforts to turn over financial records to the National Labor Relations Board as ordered, in a dispute over two fired union supporters' back pay.

  • February 26, 2024

    Miffed NC Biz Court Mulls Sanctions After Missed Deadlines

    A North Carolina Business Court judge on Monday chided counsel on both sides of an employment dispute for missing important deadlines on the eve of a jury trial, causing him to postpone the trial indefinitely and contemplate dismissing the case entirely.

  • February 26, 2024

    Feds Say Fla. Atty Can't Undo COVID Relief Fraud Conviction

    A U.S. attorney's office has pushed back on a Florida lawyer's bid to vacate her conviction in Georgia federal court of conspiring to defraud a coronavirus pandemic relief program, saying the government doesn't have to prove she was "behind the keyboard" when the applications were submitted to be convicted of the charges.

  • February 26, 2024

    Insurance Co. Beats Claims Analysts' OT Exemption Suit

    A life insurance company prevailed against disability claim analysts alleging they were wrongfully denied overtime pay, as an Illinois federal judge tossed their suit because the workers are administrative employees exempt from overtime requirements.

  • February 26, 2024

    Teamsters Tell 7th Circ. Sysco Must Arbitrate Benefits Dispute

    A Sysco distribution center in Indianapolis must arbitrate its dispute with a Teamsters local over workers' entitlement to early retirement benefits, the union told the Seventh Circuit, arguing the applicable collective bargaining agreement includes a broad arbitration clause.

  • February 26, 2024

    Voters Fight DeSantis' Bid To End Prosecutor Suspension Suit

    Two voters are urging a Florida federal judge not to throw out their suit challenging Gov. Ron DeSantis' suspension of elected prosecutor Monique Worrell, saying the case brings "plausible claims" of "egregious and norm-breaking constitutional violations" by the governor.

  • February 26, 2024

    Mich. Judge Vacates Award For Fund's $40M Liability Claim

    An arbitrator must again review a dispute over a union pension fund's claim that a demolition company owed more than $40 million in withdrawal liability, a Michigan federal judge ruled, vacating the arbitration award because evidence didn't back conclusions about the number of labor contracts involved.

  • February 26, 2024

    Black Truck Drivers Can't Revive Race Bias Suit At 3rd Circ.

    Two Black truck drivers for a supermarket chain couldn't beat "voluminous evidence" that they were fired for threatening a co-worker who one called a "rat" or a "snitch," the Third Circuit ruled, refusing to revive their suit blaming race bias for their termination.

  • February 26, 2024

    High Court Skips Black School Administrator's Retaliation Suit

    The U.S. Supreme Court declined Monday to review a suit from a Black school administrator who claimed she was denied a promotion for opposing racial desegregation plans, leaving in place a split Eighth Circuit decision that found federal employment bias law didn't protect her.

  • February 26, 2024

    FTC Challenges Kroger's $25B Albertsons Buy

    The Federal Trade Commission announced a new, national front Monday against Kroger's heavily criticized $24.6 billion purchase of fellow grocery store giant Albertsons, challenging a deal it said threatens both shoppers and workers and cannot be saved by the planned divestiture of a "hodgepodge" of hundreds of stores.

  • February 26, 2024

    Justices Turn Away Push To Unseal IBM Age Bias Award

    The U.S. Supreme Court refused Monday to review a Second Circuit decision barring a former IBM employee from publicizing her arbitration win on age bias claims, despite her assertion that the appeals court improperly valued confidentiality over public access to court documents.

  • February 26, 2024

    'Blue Chips' Holds Up 30 Years Later Amid NCAA Rules Chaos

    Thirty years after the premiere of "Blue Chips," one of Hollywood's more memorable and star-studded treatments of corruption in college sports, the NCAA faces unprecedented challenges to long-standing definitions of what is and isn't legal for its athletes. Yet, a legal expert and the film's creators say, what Nick Nolte, Shaquille O'Neal and the rest of the cast depicted in the film has aged well.

  • February 23, 2024

    Amazon Pays $1.9M To Abused Workers In Saudi Arabia

    Amazon has paid $1.9 million to over 700 migrant workers who suffered human rights abuses at two of its warehouses in Saudi Arabia, the company said.

Expert Analysis

  • Using Arbitration And Class Waivers As Privacy Suit Tools

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    Amid a surge in data breach class actions over the last few years, several federal court decisions indicate that arbitration clauses and class action waiver provisions can be possible alternatives to public court battles and potentially reduce the costs of privacy litigation, say Mark Olthoff and Courtney Klaus at Polsinelli.

  • Future Not Looking Bright For Calif. Employee Nonsolicits

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    California's new legislation imposing potentially harsh consequences on employers for attempting to enforce noncompetes raises questions about the fate of employee nonsolicitation agreements — and both federal and state court decisions suggest the days of the latter may be numbered, say Anthony Oncidi and Philippe Lebel at Proskauer.

  • 6 Pointers For Attys To Build Trust, Credibility On Social Media

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    In an era of information overload, attorneys can use social media strategically — from making infographics to leveraging targeted advertising — to cut through the noise and establish a reputation among current and potential clients, says Marly Broudie at SocialEyes Communications.

  • Del. Ruling Stands Out In Thorny Noncompete Landscape

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    In Cantor Fitzgerald v. Ainslie, the Delaware Supreme Court last month upheld the enforceability of forfeiture-for-competition provisions in limited partnership agreements, providing a noteworthy opinion amid a time of increasing disfavor toward noncompetes and following a string of Chancery Court rulings deeming them unreasonable, say Margaret Butler and Steven Goldberg at BakerHostetler.

  • Class Actions At The Circuit Courts: February Lessons

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    In this month's review of class action appeals, Mitchell Engel at Shook Hardy discusses five notable circuit court decisions on topics from property taxes to veteran's rights — and provides key takeaways for counsel on issues including class representative intervention, wage-and-hour dispute evidence and ascertainability requirements.

  • A Post-Mortem Analysis Of Stroock's Demise

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    After the dissolution of 147-year-old firm Stroock late last year shook up the legal world, a post-mortem analysis of the data reveals a long list of warning signs preceding the firm’s collapse — and provides some insight into how other firms might avoid the same disastrous fate, says Craig Savitzky at Leopard Solutions.

  • Reassessing Trade Secrets Amid Proposed Noncompete Ban

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    The Federal Trade Commission's proposed ban on noncompete agreements as well as state bans make it prudent for businesses to reevaluate and reinvigorate approaches to trade secret protection, including knowing what information employees are providing to vendors, and making sure confidentiality agreements are put in place before information is shared, says Rob Jensen at Wolf Greenfield.

  • NYC Cos. Must Prepare For Increased Sick Leave Liability

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    A recent amendment to New York City's sick leave law authorizes employees for the first time to sue their employers for violations — so employers should ensure their policies and practices are compliant now to avoid the crosshairs of litigation once the law takes effect in March, says Melissa Camire at Fisher Phillips.

  • Employer Best Practices In Light Of NY Anti-Trans Bias Report

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    A recent report from the New York State Department of Labor indicates that bias against transgender and nonbinary people endures in the workplace, highlighting why employers must create supportive policies and gender transition plans, not only to mitigate the risk of discrimination claims, but also to foster an inclusive work culture, says Michelle Phillips at Jackson Lewis.

  • Considering The Logical Extremes Of Your Legal Argument

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    Recent oral arguments in the federal election interference case against former President Donald Trump highlighted the age-old technique of extending an argument to its logical limit — a principle that is still important for attorneys to consider in preparing their cases, says Reuben Guttman at Guttman Buschner.

  • 2nd Circ. Ruling Will Guide Social Media Account Ownership

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    The Second Circuit’s recent decision in JLM Couture v. Gutman — which held that ownership of social media accounts must be resolved using traditional property law analysis — will guide employers and employees alike in future cases, and underscores the importance of express agreements in establishing ownership of social media accounts, says Joshua Glasgow at Phillips Lytle.

  • Storytelling Strategies To Defuse Courtroom Conspiracies

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    Misinformation continues to proliferate in all sectors of society, including in the courtroom, as jurors try to fill in the gaps of incomplete trial narratives — underscoring the need for attorneys to tell a complete, consistent and credible story before and during trial, says David Metz at IMS Legal Strategies.

  • HR Antitrust Compliance Crucial Amid DOJ Scrutiny

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    The Justice Department's Antitrust Division recently announced a required human resources component for antitrust compliance programs, which means companies should evaluate their policies to prevent, detect and remediate potential violations as they add training for HR professionals, say attorneys at Morgan Lewis.

  • Calif. Disclosure Update Adds To Employer Trial Prep Burden

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    Though California’s recently updated litigation disclosure procedures may streamline some aspects of employment suits filed in the state, plaintiffs' new ability to demand a wider range of information on a tighter timeline will burden companies with the need to invest more resources into investigating cases much earlier in the process, says Jeffrey Horton Thomas at Fox Rothschild.

  • Mass Arb. Rule Changes May Be A Hindrance For Consumers

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    The American Arbitration Association's recent changes to its mass arbitration supplementary rules and fee schedule, including a shift from filing fees to initiation and per-case fees, may reduce consumers' ability to counteract businesses' mandatory arbitration agreements, say Eduard Korsinsky and Alexander Krot at Levi & Korsinsky.

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