Employment

  • July 11, 2024

    Biden Taps Cohen Weiss Atty As PBGC Director

    President Joe Biden on Thursday tapped an attorney who most recently served as of counsel at Cohen Weiss & Simon LLP to head the Pension Benefit Guaranty Corp.

  • July 11, 2024

    Trans Worker Seeks Facial Hair Removal In ERISA Suit

    A transgender woman said her employer's health benefit plan administered by UnitedHealthcare refused to cover facial hair removal as part of her gender-affirming care in violation of the Employee Retirement Income Security Act, according to a complaint filed in Washington federal court.

  • July 11, 2024

    Atty Fined For Missing 'Every Deadline' Since Feb. In Bias Suit

    A Philadelphia-based attorney has missed so many deadlines in a federal race bias lawsuit against a Penn State University branch campus that the senior circuit judge assigned to his case issued sanctions and a stern warning that a large caseload is no excuse on Thursday.

  • July 11, 2024

    Atty's Trial Antics Don't Doom $3.4M Bias Verdict, Judge Says

    A trucking company won't get a chance to retry a race discrimination lawsuit that ended in a $3.4 million verdict against it last year after a Georgia federal judge found Wednesday that the plaintiff's counsel's improper conduct at trial didn't prejudice the jury.

  • July 11, 2024

    Insurer Can Tap Trust Fund For Old Claims, Mass. Court Says

    A Massachusetts intermediate appellate court concluded Thursday that workers' compensation insurers who are no longer selling policies in the state but still paying benefits on older claims are entitled to seek partial reimbursement from an employer-funded state trust fund, reversing its own prior holding on the question.

  • July 11, 2024

    Campbell Soup Snack Truck Drivers Misclassified, Suit Says

    A duo of Campbell Soup drivers who deliver snacks to retailers accused the company of misclassifying them as independent contractors to cheat them out of minimum and overtime wages, according to a proposed collective action filed in North Carolina federal court.

  • July 11, 2024

    Ex-Union Leader Gets 6 Years For Bribery, Embezzlement

    John "Johnny Doc" Dougherty, the former business manager of the International Brotherhood of Electrical Workers Local 98 in Philadelphia, was sentenced Thursday to six years in prison after being convicted of bribing a city councilman and stealing over $500,000 from the union.

  • July 11, 2024

    Wash. Justices Agree To Review State's Pot Co. Wage Suit

    The Washington Supreme Court has agreed to review whether the state labor agency jumped the gun by suing a cannabis company to collect back pay for employees before the agency knew how much money the workers were owed.

  • July 11, 2024

    Biden Floats $2B To Drive US Auto Industry's EV Pivot

    The Biden administration on Thursday unveiled its latest initiative to bolster domestic automotive production by offering nearly $2 billion in grants to convert 11 auto manufacturing and assembly facilities that have been shuttered or are at risk of closing to build electric vehicles and related components.

  • July 10, 2024

    Texas Panel Tosses Electrocution Suit Against Oil Well Owner

    A Texas state appeals court found that an oil field station owner wasn't responsible for a contractor's electrocution at the station, ruling Tuesday that the owner didn't owe any duty to the contractor under any negligence theory because it didn't direct the contractor's work.

  • July 10, 2024

    X Coder Fired For Tweet Not Protected, NLRB Judge Says

    A software engineer terminated by Twitter, now known as X Corp., was a supervisor when she tweeted that workers should let Elon Musk fire them for working remotely and thus can't challenge her termination as an employee, a National Labor Relations Board judge found on Tuesday.

  • July 10, 2024

    Ex-Kasowitz IP Pro Says Firm Gave Him Boot, Withheld Pay

    Former Kasowitz Benson Torres LLP partner Jay Deshmukh filed a lawsuit in New York state court against his former firm Tuesday, saying the firm "deliberately" fired him weeks before his one-year anniversary so it could hold back more than half his annual pay.

  • July 10, 2024

    FTC Must Think Hard Before Trying More Rules, Commish Says

    One of the Federal Trade Commission's recently confirmed Republican commissioners called on the agency Wednesday to take a close look at how courts handle its ban on employment noncompete clauses before considering any further attempts at pushing the bounds of its regulatory authority.

  • July 10, 2024

    Attys Bolt In Groups 'All The Time,' Colo. Judge Says

    A Colorado judge hearing the appeal of an attorney who lost a jury trial in which she was accused of trying to lure colleagues away from a well-known regional personal injury firm noted Wednesday that lawyers commonly leave their firms in groups.

  • July 10, 2024

    ​GOP Bombards Agencies With Demands After Chevron's End

    Republican leaders of major congressional committees Wednesday demanded details from dozens of agencies on policies suddenly shrouded in uncertainty after U.S. Supreme Court conservatives overturned the so-called Chevron doctrine, which for 40 years gave regulators flexibility in rulemaking and advantages in related litigation.

  • July 10, 2024

    SpaceX Anti-NLRB Crusade Advances As Judge Grants Block

    A Texas federal judge on Wednesday blocked a National Labor Relations Board suit accusing SpaceX of suppressing workers' rights while he weighs the rocket maker's claims that the prosecution is unconstitutional, according to a docket notice.

  • July 10, 2024

    Atty Says Alaska Judge Reprimand Bolsters 4th Circ. Bias Suit

    A former public defender awaiting a bench ruling on her sexual harassment claims against the federal judiciary said Wednesday that the judge deciding her case should note a recent ruling reprimanding an Alaska federal judge for his "sexualized relationship" with a clerk in which the Ninth Circuit Judicial Council determined that intent was irrelevant.

  • July 10, 2024

    Ex-CEO Of Mogul-Tied Co. Fired For Failures, Fraud Suit Says

    A European IT company tied to convicted mogul Greg Lindberg struck back against a lawsuit by its former CEO who alleges he was fired abruptly, accusing the former executive of shirking his leadership duties in a counterclaim.

  • July 10, 2024

    Utility Locating Co.'s Ex-CEO Sues For Severance After Firing

    The former CEO of a utility locating company in North Carolina is suing for severance after he was unexpectedly fired, saying he was never told the grounds for his termination and should be paid his base salary plus a bonus under the terms of his employment contract.

  • July 10, 2024

    Texas Court Severs Constable Workers From OT Collective

    A Texas federal court granted Harris County Sheriff's Department deputies' request to cut several employees from the constable's office from their proposed collective action accusing the department of shorting them on overtime pay, and rejected the county's argument that the case should largely be thrown out.

  • July 10, 2024

    DOL Can't Stop Discovery Disclosures In Fishery Wage Suit

    The U.S. Department of Labor didn't show how a Mississippi federal court erred in ordering the agency to turn over the identities of some migrant workers who participated in the department's investigation of a fishery, the court ruled Wednesday, standing by its earlier decision.

  • July 10, 2024

    9th Circ. Says Nev. Call Center Agents' Bootup Warrants Trial

    The Ninth Circuit on Wednesday revived, for a second time, call center agents' collective action alleging the time spent turning on and off their computers before their shifts is payable under the Fair Labor Standards Act, finding that to be a factual issue that should be resolved through a jury trial.

  • July 10, 2024

    UMB Fired VP After Denying Further Cancer Leave, Suit Says

    UMB Financial Corp. fired an executive for requesting more time to recover from chemotherapy treatments, according to a suit filed in Colorado federal court, after she was made to work 12-hour days in preparation for her leave to complete the work she would miss while she was out.

  • July 10, 2024

    Performer Hits Atlanta Drag Bar With Wages Class Action

    A performer at Lips Restaurant Atlanta LLC, a bar that provides drag show entertainment to diners and patrons, has filed a proposed class action against the restaurant, its owners and its general manager for allegedly failing to pay proper minimum and overtime wages.

  • July 10, 2024

    Margolis Edelstein Fights Bid To Revive Malpractice Suit

    An attorney representing Margolis Edelstein told the Delaware Supreme Court on Wednesday that an insurer's malpractice suit against the law firm shouldn't be revived as the firm's purported negligence wasn't the reason the insurer settled an underlying dispute for $1.2 million.

Expert Analysis

  • Navigating Harassment Complaints From Trans Employees

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    The Eleventh Circuit's recent decision in Copeland v. Georgia Department of Corrections, concerning the harassment of a transgender employee, should serve as a cautionary tale for employers, but there are steps that companies can take to create a more inclusive workplace and mitigate the risks of claims from transgender and nonbinary employees, say Patricia Konopka and Ann Thomas at Stinson.

  • Don't Use The Same Template For Every Client Alert

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    As the old marketing adage goes, consistency is key, but law firm style guides need consistency that contemplates variety when it comes to client alert formats, allowing attorneys to tailor alerts to best fit the audience and subject matter, says Jessica Kaplan at Legally Penned.

  • What To Expect From The DOL's Final Overtime Rule

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    The U.S. Department of Labor's final overtime rule dramatically increases the salary threshold for white collar workers to be exempt from overtime under the Fair Labor Standards Act, so employers should prioritize identifying the potentially affected positions and strategically consider next steps, say Leslie Selig Byrd and Deryck Van Alstyne at Bracewell.

  • Data Shows H-2B Wages May Be Skewed High By Sample Size

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    Occupational Wage and Employment Statistics wage data from April illustrates that smaller sample sizes from less populated areas may be skewing prevailing wages for H-2B visas artificially high, potentially harming businesses that rely on the visa program, says Stephen Bronars at Edgeworth Economics.

  • Series

    Walking With My Dog Makes Me A Better Lawyer

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    Thanks to my dog Birdie, I've learned that carving out an activity different from the practice of law — like daily outdoor walks that allow you to interact with new people — can contribute to professional success by boosting creativity and mental acuity, as well as expanding your social network, says Sarah Petrie at the Massachusetts Attorney General’s Office.

  • Employer Considerations Before Title IX Rule Goes Into Effect

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    While the U.S. Department of Education's final rule on Title IX is currently published as an unofficial version, institutions and counsel should take immediate action to ensure they are prepared for the new requirements, including protections for LGBTQ+ and pregnant students and employees, before it takes effect in August, say Jeffrey Weimer and Cori Smith at Reed Smith.

  • Think Like A Lawyer: Follow The Iron Rule Of Trial Logic

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    Many diligent and eager attorneys include every good fact, point and rule in their trial narratives — spurred by the gnawing fear they’ll be second-guessed for leaving something out — but this approach ignores a fundamental principle of successful trial lawyering, says Luke Andrews at Poole Huffman.

  • The Art Of Asking: Leveraging Your Contacts For Referrals

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    Though attorneys may hesitate to ask for referral recommendations to generate new business, research shows that people want to help others they know, like and trust, so consider who in your network you should approach and how to make the ask, says Rebecca Hnatowski at Edwards Advisory.

  • Compliance Strategies To Mitigate 3 New Areas Of AI Risk

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    The era of artificial intelligence-assisted corporate crime is here, but several concrete mitigation strategies can allow companies to address the new, rapidly evolving threats posed by deepfakes, information barrier evasion and AI model manipulation, say attorneys at Debevoise.

  • Refresher On Employee Qualifications For Summer Interns

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    Before companies welcome interns to their ranks this summer, they should consider the extent to which the interns may be entitled to the same legal protections as employees, including the right to be paid for their hours worked and to receive at least minimum wage and overtime, says Kate LaQuay at Munck Wilson.

  • Opinion

    The FTC's Noncompete Rule Is Likely Dead On Arrival

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    The Federal Trade Commission's April 23 noncompete ban ignores the consequences to the employees it claims to help — but the rule is unlikely to go into effect provided the ideological makeup of the U.S. Supreme Court remains the same, say Erik Weibust and Stuart Gerson at Epstein Becker.

  • McKesson May Change How AKS-Based FCA Claims Are Pled

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    The Second Circuit’s analysis in U.S. v. McKesson, an Anti-Kickback Statute-based False Claims Act case, provides guidance for both relators and defendants parsing scienter-related allegations, say Li Yu at Dicello Levitt, Ellen London at London & Stout, and Erica Hitchings at Whistleblower Law.

  • 5 Employer Actions Now Risky After Justices' Title VII Ruling

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    Last week in Muldrow v. St. Louis, the U.S. Supreme Court ruled that harm didn't have to be significant to be considered discriminatory under Title VII of the Civil Rights Act, making five common employer actions vulnerable to litigation, say Kellee Kruse and Briana Scholar at The Employment Law Group.

  • Series

    Being An Equestrian Makes Me A Better Lawyer

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    Beyond getting experience thinking on my feet and tackling stressful situations, the skills I've gained from horseback riding have considerable overlap with the skills used to practice law, particularly in terms of team building, continuing education, and making an effort to reset and recharge, says Kerry Irwin at Moore & Van Allen.

  • Teach Your Party Representative The Art Of Nonverbal Cues

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    As illustrated by recent reports about President Donald Trump’s nonverbal communication in court, jurors notice what’s happening at counsel table, which may color their perceptions of the case as a whole, so trial attorneys should teach party representatives to self-monitor their nonverbal behaviors, says Clint Townson at Townson Consulting.

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