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Employment
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November 21, 2024
Ex-Twitter Workers Denied Class Cert In Arbitration Fight
A California federal judge denied class certification to ex-Twitter employees accusing the social media company now owned by Elon Musk and renamed X Corp. of stalling their employment disputes, saying some putative class members are already seeking arbitration outside the Golden State or trying to pursue their claims in court.
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November 21, 2024
DOL Issues Guidance To Curb Harassment In Construction
The U.S. Department of Labor announced Thursday that it has released a new guide to help federal contractors in the construction industry tamp down on harassment, becoming the latest federal anti-discrimination agency during President Joe Biden's administration to draw attention to the issue.
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November 21, 2024
Unions, ACLU Throw Weight Behind EEOC Bostock Guidance
The AFL-CIO, SEIU, American Civil Liberties Union, and several business groups and nonprofits have urged a Texas federal court not to scrap U.S. Equal Employment Opportunity Commission guidance interpreting the U.S. Supreme Court's Bostock decision, arguing the guidelines provide critical advice on preventing workplace harassment.
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November 21, 2024
Settlement Doesn't Void Injury Coverage Ruling, Judge Says
A Colorado federal court refused to set aside its September ruling that an oil and gas production company isn't owed coverage by an electrical drilling company for a worker's underlying injury lawsuit, saying the parties' settlement negotiations don't justify vacating a valid court order.
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November 21, 2024
EzCater Fostered Discriminatory Workplace, Ex-Workers Say
Four former employees of Boston-based ezCater are suing the online catering service, alleging that it engaged in discrimination based on their gender, race and pregnancy, then retaliated when they complained.
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November 21, 2024
Ex-Temple Worker Didn't Show Job Duties In NJ, Judge Rules
A New Jersey federal judge has tossed a lawsuit alleging a longtime Fox Chase Cancer Center employee was ousted by a new supervisor for taking sick time, ruling the employee failed to establish the defendants conducted any business in New Jersey.
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November 21, 2024
Howmet Accuses Wash. DOL Of Muscling Into Worker's Suit
Howmet Aerospace slammed the Washington state labor department on Thursday for "interjecting" into a dispute with a former smelter employee who claims he developed cancer from asbestos exposure, urging the state's highest court not to relax the standard for workers to sue over job-related illnesses.
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November 21, 2024
Ye's Cos. Sanctioned For Blowing Off Discovery In Bias Suit
A Los Angeles judge sanctioned two of Ye's companies Thursday after they "simply ignored" discovery requests in a former employee's lawsuit alleging widespread racism, antisemitism and homophobia on the part of the rapper formerly known as Kanye West.
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November 21, 2024
Nurse Staffing Exec Can't Trim Fraud Charge In Antitrust Case
A Nevada federal court has refused to dismiss fraud charges against a home healthcare staffing executive accused of fixing nurses' wages and hiding a probe of the scheme when selling the business, and also refused to exclude statements the executive made during an FBI interview.
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November 21, 2024
Rebel Wilson Unlikely To Duck 'The Deb' Defamation Suit
A Los Angeles judge suggested Thursday that he'll likely keep alive a defamation suit accusing actress Rebel Wilson of spreading baseless lies about producers of the musical film "The Deb," saying it seems the matter is a "private business dispute" not protected by California's anti-SLAPP statute.
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November 21, 2024
IBM Told Execs 'Discriminate Or Lose Your Job,' Worker Says
IBM rewarded executives for meeting diversity goals and threatened them with punishment for failing to do so, essentially telling them to "discriminate or lose your job," a white male consultant who was terminated alleged in a suit filed in Michigan federal court on Wednesday.
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November 21, 2024
11th Circ. Says Fla. Law Bars Workers' Comp Suit
The Eleventh Circuit backed the dismissal of a worker's suit claiming a chemical company didn't do enough to shield him from particles that caused a lung condition, ruling that a Florida workers' compensation law blocks him from pursuing the company in court for negligence.
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November 21, 2024
Suit Against Mortgage Co. Axed Despite Atty's Bad Faith Claim
A Texas state court judge has dismissed for good an attorney's lawsuit against the mortgage company she formerly worked for in-house, despite a dispute over whether the matter should have ended with or without prejudice.
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November 21, 2024
Gordon Rees Brings Back Employment Ace In San Diego
Gordon Rees Scully Mansukhani LLP is expanding its San Diego team, announcing Thursday that an employment expert most recently with Pettit Kohn Ingrassia Lutz & Dolin PC is rejoining the firm as a partner.
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November 21, 2024
Port Union Illegally Called Dissenter A 'Rat,' NLRB Says
An International Longshore and Warehouse Union affiliate in Alaska violated federal labor law by calling a union member who raised harassment complaints a "rat," the National Labor Relations Board concluded, with the panel splitting over whether the union unlawfully caused the employee's termination.
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November 21, 2024
2nd Circ. Doubts Concrete Cos.' Revival Bid In CBA Fight
The Second Circuit appeared reluctant Thursday to revive a fringe contributions dispute between two concrete companies and a group of union fringe benefit funds, with multiple judges pointing to discovery failures that underpinned a lower court's grant of summary judgment to the union.
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November 20, 2024
Musk, Ramaswamy Say High Court Rulings OK Federal Cuts
Billionaire Elon Musk and former presidential candidate Vivek Ramaswamy, President-elect Donald Trump's picks to lead a newly created "Department of Government Efficiency," on Wednesday said two recent U.S. Supreme Court rulings will give them the authority to cut off power to regulatory agencies and conduct massive federal layoffs.
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November 20, 2024
DOJ Settles With Atty Who Reported Judge's Sexual Misconduct
A former Alaska federal prosecutor who made allegations of sexual misconduct against then-U.S. District Judge Joshua Kindred has reached an undisclosed settlement with the U.S. Department of Justice resolving claims she suffered retaliation for speaking up, the U.S. Office of Special Counsel said Wednesday.
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November 20, 2024
Attys Slam Deceptive NIL Settlement Services In NCAA Case
Class counsel in the massive NCAA name, image and likeness lawsuit have asked a California federal court to intervene with third-party servicing companies that are using misleading information while offering claims-filing services to class members in order to profit from the proposed $2.78 billion settlement.
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November 20, 2024
SkyWest Airlines Hit With $2M Verdict In EEOC Harassment Case
A Texas jury found in favor of the Equal Employment Opportunity Commission on Wednesday in a suit that saw SkyWest Airlines accused of sitting idle while an employee experienced persistent sexual harassment, awarding over $2 million in punitive damages for the workplace misconduct in federal court.
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November 20, 2024
Attys Get $9K After Seeking $578K For Defending Safeway
A California federal judge awarded about $8,800 in fees to two firms that requested $578,000 after defending Safeway from a contractor's 2021 lawsuit, saying Wednesday that the figure shouldn't come as a surprise because the attorneys simply pointed to a request-for-proposal document to defeat the suit's breach of contract allegations.
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November 20, 2024
Former Amazon Worker Says Flagging Bias Cost Him His Job
An Amazon.com unit fired a Black, gay executive assistant for complaining that he was unfairly passed over for promotions and belittled by a hostile supervisor, according to a lawsuit filed in Atlanta federal court.
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November 20, 2024
Uber, Lyft, Chicago Ignored Due Process, Banned Driver Says
A former Uber and Lyft driver has sued the platforms in Illinois federal court for deactivating her accounts over false claims she spit on a passenger, and she also sued the city of Chicago over its ordinance allowing rideshare platforms to ban drivers without notice or an opportunity to defend themselves.
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November 20, 2024
Worker Says He Was Fired For Flagging Class Action Form
A Denver restaurant group failed to fully compensate employees and fired a worker who refused to sign a form that would bar him from joining a wage and hour class action previously filed against the company, a lawsuit filed in Colorado state court said.
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November 20, 2024
NJ Court Must Revisit Assessor's Workplace Retaliation Claim
A New Jersey trial court must revisit a municipal tax assessor's workplace retaliation claim as the case used by the court in its decision doesn't exempt assessors from the state's employee protection law, an appellate panel ruled Wednesday.
Expert Analysis
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Secret Service Failures Offer Lessons For Private Sector GCs
The Secret Service’s problematic response to two assassination attempts against former President Donald Trump this summer provides a crash course for general counsel on how not to handle crisis communications, says Keith Nahigian at Nahigian Strategies.
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A Primer On Navigating The Conrad 30 Immigration Program
As the Conrad 30 program opens its annual window to help place immigrant physicians in medically underserved areas, employers and physicians engaged in the process must carefully understand the program's nuanced requirements, say Andrew Desposito and Greg Berk at Sheppard Mullin.
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How Cos. Can Protect Supply Chains During The Port Strike
With dock workers at ports along the East and Gulf Coasts launching a strike that will likely cause severe supply chain disruptions, there are several steps exporters and importers can take to protect their businesses and mitigate increased costs, say attorneys at Thompson Hine.
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Litigation Inspiration: Honoring Your Learned Profession
About 30,000 people who took the bar exam in July will learn they passed this fall, marking a fitting time for all attorneys to remember that they are members in a specialty club of learned professionals — and the more they can keep this in mind, the more benefits they will see, says Bennett Rawicki at Hilgers Graben.
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4 Ways To Prepare For DOD Cyber Certification Rule
Given the U.S. Department of Justice's increased scrutiny of contractor compliance with cybersecurity requirements, it is critical that contractors take certain steps now in response to the U.S. Department of Defense's proposed Cybersecurity Maturity Model Certification implementation rule, say Townsend Bourne and Lillia Damalouji at Sheppard Mullin.
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Opinion
AI May Limit Key Learning Opportunities For Young Attorneys
The thing that’s so powerful about artificial intelligence is also what’s most scary about it — its ability to detect patterns may curtail young attorneys’ chance to practice the lower-level work of managing cases, preventing them from ever honing the pattern recognition skills that undergird creative lawyering, says Sarah Murray at Trialcraft.
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Key Takeaways From DOJ's New Corp. Compliance Guidance
The U.S. Department of Justice’s updated guidance to federal prosecutors on evaluating corporate compliance programs addresses how entities manage new technology-related risks and expands on preexisting policies, providing key insights for companies about increasing regulatory expectations, say attorneys at Debevoise.
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The Key Changes In Revised FDIC Hiring Regulations
Attorneys at Ogletree break down the Federal Deposit Insurance Corp.'s new rule, effective Oct. 1, that will ease restrictions on financial institutions hiring employees with criminal histories, amend the FDIC's treatment of minor offenses and clarify its stance on expunged or dismissed criminal records.
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Class Actions At The Circuit Courts: September Lessons
In this month's review of class action appeals, Mitchell Engel at Shook Hardy identifies practice tips from four recent class certification rulings involving denial of Medicare reimbursements, automobile insurance disputes, veterans' rights and automobile defects.
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How Lucia, Jarkesy Could Affect Grocery Merger Challenge
While the Federal Trade Commission is taking a dual federal court and administrative tribunal approach to block Kroger's merger with Alberstons, Kroger's long-shot unconstitutionality claims could potentially lead to a reevaluation of the FTC's reliance on administrative processes in complex merger cases, say attorneys at Saul Ewing.
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6 Tips For Trying Cases Away From Home
Excerpt from Practical Guidance
A truly national litigation practice, by definition, often requires trying cases in jurisdictions across the country, which presents unique challenges that require methodical preparation and coordination both within the trial team and externally, say Edward Bennett and Suzanne Salgado at Williams & Connolly.
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How NLRB Memo Balances Schools' Labor, Privacy Concerns
Natale DiNatale at Robinson & Cole highlights the recent National Labor Relations Board advice memorandum that aims to help colleges reconcile competing obligations under the National Labor Relations Act and the Family Educational Rights and Privacy Act as university students flock toward unionization.
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Employer Tips For PUMP Act Compliance As Law Turns 2
Enacted in December 2022, the Providing Urgent Maternal Protections for Nursing Mothers Act requires employers to provide reasonable break time and a private space for employees to express breast milk, but some companies may still be struggling with how to comply, say attorneys at Alston & Bird.
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A Blueprint For Structuring An Effective Plaintiff Case Story
The number and size of nuclear verdicts continue to rise, in part because plaintiffs attorneys have become more adept at crafting compelling trial stories — and an analysis of these success stories reveals a 10-part framework for structuring an effective case narrative, says Jonathan Ross at Decision Analysis.
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Series
Round-Canopy Parachuting Makes Me A Better Lawyer
Similar to the practice of law, jumping from an in-flight airplane with nothing but training and a few yards of parachute silk is a demanding and stressful endeavor, and the experience has bolstered my legal practice by enhancing my focus, teamwork skills and sense of perspective, says Thomas Salerno at Stinson.