Employment

  • July 24, 2024

    5th Circ. Says Doctor's Corrective Plan Not A Valid Contract

    The Fifth Circuit refused to reinstate a $6.6 million jury verdict in a former medical resident's suit alleging he was fired despite assurances he would have 60 days to rectify professional and interpersonal issues, ruling the residency program's director didn't have the power to offer a binding agreement.

  • July 24, 2024

    Unions, Energy Groups Back Enbridge 6th Circ. Rehearing Bid

    Labor unions and energy industry groups are joining Enbridge Energy's push for the full Sixth Circuit to rehear a panel decision that sent a Michigan lawsuit aiming to shut down the company's Line 5 pipeline back to state courts.

  • July 24, 2024

    Jenner & Block Wants Out Of COVID Vax Refusal Firing Suit

    Jenner & Block LLP has asked an Illinois federal judge to toss a former employee's claims that she was fired after being denied a religious exemption from the firm's COVID-19 vaccine mandate, saying she didn't do enough to spell out her religious beliefs or how they conflict with the vaccine.

  • July 24, 2024

    Rising Star: Weil's Rebecca Sivitz

    Rebecca Sivitz of Weil Gotshal & Manges LLP has helped several companies successfully handle mergers and restructuring, including helping The Kroger Co. face a first-of-its-kind challenge from the Federal Trade Commission, earning her a spot among the employment law practitioners under age 40 honored by Law360 as Rising Stars.

  • July 24, 2024

    Red Lobster Accused Of Shorting Wages With Tip Credit

    Red Lobster has not been paying its tipped employees all their wages owed, a worker claimed in a proposed collective action in Maryland federal court, saying the seafood chain made them perform excessive non-tip-generating work that drove their take-home pay below minimum wage.

  • July 23, 2024

    7th Circ. Affirms Ruling Mining Co. Flouted Labor Law

    The Seventh Circuit on Tuesday backed the National Labor Relations Board's ruling that a mining company violated federal labor law by unilaterally barring employees from clocking in more than five minutes before their shift, but it denied a union's bid to extend the violation to strike replacements.

  • July 23, 2024

    Lack Of Quorum Dooms EEOC Pregnancy Regs, Co. Says

    A Texas industrial sales company sued the U.S. Equal Employment Opportunity Commission on Monday, challenging the constitutionality of the Pregnant Workers Fairness Act, which echoes federal disability law in requiring employers to provide reasonable accommodations for pregnant workers on the job.

  • July 23, 2024

    Nettled Exec Tells Jury Wells Fargo Doesn't Get His Disability

    A former Wells Fargo managing director who claims he was terminated because of his disability wavered between being tearful and exasperated during four hours on the stand Tuesday as he tried to explain to a jury in Charlotte what workplace accommodations he was seeking and why.

  • July 23, 2024

    Construction Co. Protests Union Clause In Army Corps Deal

    Hensel Phelps Construction Co. has protested over terms of an Army Corps of Engineers construction contract requiring bidders to enter into a project labor agreement, mandated by regulation, saying the PLA requirement violates a competitive contracting law.

  • July 23, 2024

    Ex-Raytheon Worker Asks High Court To Take Up Firing Suit

    A former employee of defense contractor Raytheon asked the U.S. Supreme Court to reverse his ouster from the company, arguing that the Fifth Circuit's finding that he shouldn't be reinstated set up a circuit split.

  • July 23, 2024

    Ex-Allied World Exec To Change Plea In $1.5M Fraud Case

    Allied World National Insurance's former executive, who pled not guilty to wire fraud charges earlier this year stemming from a $1 million embezzlement scheme, will change his plea next week in Connecticut federal court, according to a minute entry order entered Tuesday.

  • July 23, 2024

    7th Circ. Says Ex-Officer's Offensive Posts Not Protected

    The Seventh Circuit refused Tuesday to reopen a former officer's lawsuit alleging the Illinois Department of Corrections unlawfully suspended him for 10 days because of Islamophobic social media posts, finding the agency's need for order outweighed his interest in publicly expressing his opinions.

  • July 23, 2024

    FTC Attys On Kroger Case Get Extensions After IT Outage

    The administrative law judge overseeing the Federal Trade Commission's in-house challenge to Kroger and Albertsons' $25 billion merger has given the agency and the grocery behemoths two extra days on a couple of filing deadlines after the FTC said the worldwide Microsoft outage left several counsel laptops unusable.

  • July 23, 2024

    Optum Can Arbitrate Calif. Healthcare Provider's Antitrust Suit

    A California federal judge Tuesday ordered certain Emanate Health entities who signed hospital services and physician agreements with Optum to arbitrate their antitrust suit accusing it of monopolizing a primary care physician market, finding the agreements encompass rules that say issues of arbitrability will be referred to an arbitrator.

  • July 23, 2024

    University Of Chicago Union Hit With Antisemitism Claims

    A nonprofit advocating for graduate students accused the union representing them at the University of Chicago of antisemitism, claiming the union is violating the First Amendment by making student workers pay fees to continue their employment despite statements the union has made about the war in Gaza. 

  • July 23, 2024

    $680M Allergan FCA Suit Tossed After High Court Revival

    A Maryland federal judge on Tuesday again tossed a False Claims Act suit accusing an Allergan unit of overcharging Medicaid, previously revived by the U.S. Supreme Court, saying a whistleblower still hadn't shown any deliberate wrongdoing by the company.

  • July 23, 2024

    Chancery Spikes Raytheon Stockholder's Derivative Suit

    A shareholder who faulted directors at Raytheon Technologies Corp. for allowing a special committee to change employee compensation plans without first seeking stockholder approval has failed to show how the board of directors did anything wrong, a Delaware vice chancellor ruled Tuesday, dismissing the derivative lawsuit.

  • July 23, 2024

    NC Meatpacking Co. Can Depose Workers In Wage Dispute

    A North Carolina federal court has permitted a chicken processing company to question two workers as part of a wage suit against the wishes of a putative class of employees, saying the interrogation request didn't come too late.

  • July 23, 2024

    Ikea Sanctioned For Destroying Evidence In Age Bias Suit

    A Pennsylvania federal judge hit furniture retailer Ikea with nearly $567,000 in sanctions on Tuesday for deleting emails requested for discovery in a suit filed by a putative class of store workers challenging company policies for alleged age discrimination.

  • July 23, 2024

    Union, Workers Can't Halt Release Of Therapy Docs

    An AFL-CIO affiliated union can't stop a utility company from requesting therapy notes from three workers who are trying to return to work from short-term disability, a Pennsylvania federal judge ruled, saying that there is a lack of irreparable injury.

  • July 23, 2024

    Wash. Justices Decline 9th Circ. Request in Uber Murder Case

    Washington State's Supreme Court has declined to answer a certified question from the Ninth Circuit over whether Uber Technologies Inc. had a duty to use reasonable care to protect one of its drivers who was murdered in a carjacking.

  • July 23, 2024

    Amazon Fights To Arbitrate Sellers' Misclassification Claims

    Amazon urged a California appellate panel on Tuesday to compel arbitration for individual claims from two sellers accusing the online retailer of misclassifying them as independent contractors, and to direct the trial court to toss their representative claims under the state's Private Attorneys General Act.

  • July 23, 2024

    6th Circ. Judge Doubts Cover-Up Part Of Fire Chief's Job

    A Sixth Circuit judge on Tuesday said he found it hard to believe a Michigan mayor could avoid an ex-fire chief's retaliation suit by claiming the chief's refusal to follow a directive to cover up firefighters' alleged misconduct was part of his job description.

  • July 23, 2024

    Harvard Hit With Bias Suit By Coach Ousted Amid Complaints

    The former longtime women's hockey coach at Harvard University alleged in a federal suit Tuesday that school administrators held her to a different standard and paid her "significantly" less than male coaches, before pushing her out over what she says were ultimately unsubstantiated complaints from ex-players.

  • July 23, 2024

    6th Circ. Vows Careful Immunity Take In Prof's Retaliation Suit

    The Sixth Circuit wrestled Tuesday with whether six University of Louisville officials were each rightly denied immunity from a former professor's suit alleging he was unconstitutionally pushed out because of his views on treating childhood gender dysphoria, with one judge promising meticulous assessments of each defendant.

Expert Analysis

  • Series

    Being A Luthier Makes Me a Better Lawyer

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    When I’m not working as an appellate lawyer, I spend my spare time building guitars — a craft known as luthiery — which has helped to enhance the discipline, patience and resilience needed to write better briefs, says Rob Carty at Nichols Brar.

  • Defending Against Aggressive DOL Child Labor Enforcement

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    The U.S. Department of Labor's recent unsuccessful injunction against an Alabama poultry facility highlights both the DOL's continued focus on child labor violations and the guardrails and defenses that employers can raise, say attorneys at Littler.

  • Lead Like 'Ted Lasso' By Embracing Cognitive Diversity

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    The Apple TV+ series “Ted Lasso” aptly illustrates how embracing cognitive diversity can be a winning strategy for teams, providing a useful lesson for law firms, which can benefit significantly from fresh, diverse perspectives and collaborative problem-solving, says Paul Manuele at PR Manuele Consulting.

  • 2 Lessons From Calif. Overtime Wages Ruling

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    A California federal court's recent decision finding that Home Depot did not purposely dodge overtime laws sheds light on what constitutes a good faith dispute, and the extent to which employers have discretion to define employees' workdays, says Michael Luchsinger at Segal McCambridge.

  • Questions Remain After 3rd Circ.'s NCAA Amateurism Ruling

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    The Third Circuit's recent holding that college athletes can be considered employees under the FLSA adds to the trend of student-athletes obtaining new legal status in collegiate athletics, but leaves key questions unanswered, including how the economics of the decision will be applied, say attorneys at Reed Smith.

  • Justices' Starbucks Ruling May Limit NLRB Injunction Wins

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    The U.S. Supreme Court’s recent decision in Starbucks v. McKinney, adopting a more stringent test for National Labor Relations Board Section 10(j) injunctions, may lessen the frequency with which employers must defend against injunctions alongside parallel unfair labor practice charges, say David Pryzbylski and Colleen Schade at Barnes & Thornburg.

  • Class Actions At The Circuit Courts: July Lessons

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    In this month's review of class action appeals, Mitchell Engel at Shook Hardy considers cases touching on pre- and post-conviction detainment conditions, communications with class representatives, when the American Pipe tolling doctrine stops applying to modified classes, and more.

  • Biden Policy Gives Employers New Ways To Help Dreamers

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    A new Biden administration immigration policy makes the process more predictable for Deferred Action for Childhood Arrivals recipients to seek employment visas, and, given uncertainties surrounding DACA’s future, employers should immediately determine which of their employees may be eligible, says Jennifer Kim at Moore & Van Allen.

  • How To Comply With Chicago's New Paid Leave Ordinance

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    Chicago's new Paid Leave and Paid Sick and Safe Leave Ordinance went into effect earlier this month, so employers subject to the new rules should update leave policies, train supervisors and deliver notice as they seek compliance, say Alison Crane and Sarah Gasperini at Jackson Lewis.

  • Opinion

    A Way Forward For The US Steel-Nippon Deal And Union Jobs

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    Parties involved in Nippon Steel's acquisition of U.S. Steel should trust the Pennsylvania federal court overseeing a key environmental settlement to supervise a way of including future union jobs and cleaner air for the city of Pittsburgh as part of a transparent business marriage, says retired judge Susan Braden.

  • How NJ Worker Status Ruling Benefits Real Estate Industry

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    In Kennedy v. Weichert, the New Jersey Supreme Court recently said a real estate agent’s employment contract would supersede the usual ABC test analysis to determine his classification as an independent contractor, preserving operational flexibility for the industry — and potentially others, say Jason Finkelstein and Dalila Haden at Cole Schotz.

  • Opinion

    H-2 Visas Offer Humane, Economic Solution To Border Crisis

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    Congress should leverage the H-2 agricultural and temporary worker visa programs to match qualified migrants with employers facing shortages of workers — a nonpolitical solution to a highly divisive humanitarian issue, say Ashley Dees and Jeffrey Joseph at BAL.

  • PAGA Reforms Encourage Proactive Employer Compliance

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    Recently enacted reforms to California's Private Attorneys General Act should make litigation under the law less burdensome for employers, presenting a valuable opportunity to streamline compliance and reduce litigation risks by proactively addressing many of the issues that have historically attracted PAGA claims, say attorneys at Mintz.

  • Opinion

    Now More Than Ever, Lawyers Must Exhibit Professionalism

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    As society becomes increasingly fractured and workplace incivility is on the rise, attorneys must champion professionalism and lead by example, demonstrating how lawyers can respectfully disagree without being disagreeable, says Edward Casmere at Norton Rose.

  • The Show Must Go On: Noncompete Uncertainty In Film, TV

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    The Federal Trade Commission has taken action to ban noncompetes while the entertainment industry is in the midst of a massive shift away from traditional media, so it is important for studio heads and content owners alike to understand the fate of the rule and their options going forward, say Christopher Chatham and Douglas Smith at Manatt.

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