Employment

  • September 15, 2023

    UK Litigation Roundup: Here's What You Missed In London

    The past week in London has seen a Kazakh paper recycling company turn a new page in an investment agreement spat against its CEO and litigation funder Harbour Fund, a real estate company owned by Axiom’s ex-chief face a breach of contract claim, and Banksy hit with libel proceedings from a business making street art merchandise. Here, Law360 looks at these and other new claims in the U.K.

  • September 14, 2023

    Calif. Striking Worker Benefits Bill Sent To Newsom's Desk

    The California Senate on Thursday passed legislation that would make unemployment benefits available to workers on strike for two weeks or more, sending the measure to the desk of Gov. Gavin Newsom as thousands of workers remain on strike across the Golden State.

  • September 14, 2023

    Hostess Sues Nobu Malibu Over Alleged Sexual Harassment

    A hostess sued the glamorous Nobu Malibu restaurant on Wednesday in California state court, alleging that restaurant management retaliated after she got a former supervisor fired for sexually assaulting her.

  • September 14, 2023

    Colo. Court Sends Union's Appeal Back To State Labor Dept.

    A union representing Colorado state employees was denied the chance to appeal a hearing officer's decision within a labor agency, the Colorado Court of Appeals concluded Thursday, striking down a state district court's decision that backed the hearing officer's ruling.

  • September 14, 2023

    Conn. Justices Ponder Whistleblower's Dual-Forum Approach

    The Connecticut Supreme Court on Thursday pondered whether state law banned a state Department of Health epidemiologist from using two different forums to fight her demotion, as a state attorney warned that "inconsistent judgments" and "duplicative litigation" could result from the dual approach.

  • September 14, 2023

    Highland Capital Seeks Contempt For Ex-Exec In Stalking Suit

    Highland Capital Management LP asked a Texas bankruptcy judge to find its former general counsel in contempt, saying the man's suit claiming that he is being stalked by another former Highland executive is a violation of the release provisions in the company's Chapter 11 plan.

  • September 14, 2023

    Racial Slurs Common At NYC Sweetgreen Eateries, Suit Says

    Ten Black men and women have hit restaurant chain Sweetgreen with a racial discrimination and sexual harassment suit in New York state court, saying Thursday they were called the N-word and other slurs while working at seven different locations around New York City.

  • September 14, 2023

    UAW Strike Roils Auto Industry Supply Chain

    The United Auto Workers' decision early Friday morning to roll out work stoppages at General Motors, Ford and Stellantis will saddle U.S. auto manufacturing with unpredictable and costly disruptions and economic upheaval not felt since the COVID-19 pandemic, legal experts say.

  • September 14, 2023

    Citing Flub, Judge Axes Fired Worker's Punitive Damages Bid

    A former worker for shipping company DHL Express can't seek punitive damages in a suit claiming a supervisor verbally abused him and caused him to suffer from post-traumatic stress disorder, a Florida state court judge said Thursday, calling the decision a matter of state law.

  • September 14, 2023

    Mich. County Says It's Immune From Atty's Slander Claims

    Macomb County, Michigan, asked a federal judge Wednesday to dismiss slander and tortious interference allegations from an attorney alleging he wasn't hired as an assistant prosecutor because of his perceived disability and sexuality, saying the government unit is immune from such claims.

  • September 14, 2023

    Proving NFL Racism Tall Task, But Trotter Suit Adds To Pattern

    The award-winning sports journalist who sued the NFL this week faces a challenge in proving his claims of racial discrimination and employer retaliation, legal experts say, but the league faces no less of a battle in defending itself against yet another allegation of discrimination and having a hostile workplace.

  • September 14, 2023

    9th Circ. Judge Says Wash. Vax Mandate Challenge Has 'Legs'

    A Ninth Circuit panel appeared open Thursday to reviving two lawsuits opposing Washington state's COVID-19 vaccine mandates for state and health care workers, with one judge noting he was "deeply troubled" that unvaccinated workers were allegedly fired after receiving "sham" religious exemptions, and saying the challenge has "some legs."

  • September 14, 2023

    Ex-Morgan Stanley Broker's $8.8M Recruiting Loan Case Axed

    A California federal judge on Thursday tossed an ex-Morgan Stanley adviser's suit seeking to recover his repaid $8.8 million recruiting loan since the Morgan Stanley subsidiary that carried the promissory note was not licensed in the Golden State, saying the plaintiff wants a "bonanza," and "that troubles me greatly."

  • September 14, 2023

    Ex-Supervisor Of NC School Says Racism Led To His Firing

    The former operations manager for a North Carolina charter school accused his ex-employer of subjecting him to racist discrimination, claiming that his authority was regularly undermined because he was Black and that he was terminated under false pretenses because he had objected to a hostile work environment.

  • September 14, 2023

    Archdiocese Says Colo. Pre-K Rules 'Tax' Religious Exercise

    The Archdiocese of Denver is urging a federal judge to block the state of Colorado from excluding its schools from a new universal preschool program, arguing that the state's nondiscrimination requirements for preschool providers unconstitutionally single out Catholic preschools and effectively "tax" their religious exercise.

  • September 14, 2023

    3rd Circ. Affirms $1.3M Wage Judgment Against Pa. Diner

    The Third Circuit upheld a $1.3 million judgment in favor of workers accusing a Pennsylvania diner of willful wage and hour violations, ruling Thursday that the diner was still liable for the unpaid wages because it could not show it had violated the law in good faith.

  • September 14, 2023

    NJ High Court To Decide Validity Of Nondisparagement Pacts

    The New Jersey Supreme Court will decide whether provisions prohibiting parties from disparaging one another may be included in settlement agreements in employment cases, agreeing to review an appellate court ruling that found nondisclosure agreements differ from nondisparagement clauses.

  • September 14, 2023

    NJ Campus Cop Fired After Union Advocacy, Suit Says

    The former president of a New Jersey college's public safety officer union says he tried to get the school to stop retaliating against officers for using medical leave, then got pushed out of his job for using medical leave himself after a foot surgery, according to a new lawsuit.

  • September 14, 2023

    Attys For OneTaste Execs May Have Conflicts, Feds Say

    Alston & Bird LLP and Steptoe & Johnson LLP attorneys defending the founder and former executive of sexual wellness company OneTaste against forced labor charges may have conflicts that merit further scrutiny, New York federal prosecutors have said.

  • September 14, 2023

    Biopharm Firm Hit With 2nd Suit Alleging Unpaid Wages

    A Florida-based biopharmaceutical firm has been hit with a second wage complaint alleging that it failed to pay a worker on time for months, and did not pay her at all for her final pay period.

  • September 14, 2023

    Dartmouth Men's Basketball Players Seek Unionization

    Men's basketball players at Dartmouth College have filed a representation election petition with the National Labor Relations Board, asking to form a union as the board's general counsel argues that college athletes are employees under federal labor law.

  • September 14, 2023

    Embattled Ga. Judge Laments Lack Of Help In Taking Bench

    An absence of written policies and other guidance left a Georgia probate judge in the dark when she took the bench, the judge testified Thursday in defense of 40 ethics charges brought by the state's Judicial Qualifications Commission.

  • September 14, 2023

    Conn. Atty Fights To Preserve Suit Against Ex-Firm, Client

    A former attorney at Zaiger LLC asked a Connecticut federal judge to reject the bid of his one-time client Black Diamond Capital Management LLC to sink a wrongful termination suit against it, arguing the asset management firm was instrumental in his firing.

  • September 14, 2023

    Boutique East Coast Employment Firm Acquires Calif. Group

    Katz Banks Kumin LLP, a boutique firm known for high-profile representation of workers including Twitter whistleblowers and a staffer who brought sexual harassment claims against former New York Gov. Andrew Cuomo, has acquired the small San Francisco employment law firm Liu Peterson-Fisher LLP.

  • September 14, 2023

    GOP's Minimum Wage Hike Bill Seeks Immigration Verification

    A group of Republican senators introduced legislation that would gradually raise the minimum wage for employees of large businesses to $11 per hour over the course of four years and require employers to verify prospective employees' immigration status.

Expert Analysis

  • Courts Can Overturn Deficient State Regulations, Too

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    While suits challenging federal regulations have become commonplace, such cases against state agencies are virtually nonexistent, but many states have provisions that allow litigants to bring suit for regulations with inadequate cost-benefit analyses, says Reeve Bull at the Virginia Office of Regulatory Management.

  • Equinox Bias Verdict Shows Swift Employer Response Is Key

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    A nearly $11.3 million jury verdict against Equinox in New York federal court shows just how high the stakes are for employers dealing with harassment and discrimination in the workplace, and how important consistent investigation and discipline are when responding to individual internal complaints, says Jennifer Huelskamp at Porter Wright.

  • Calif. Employers Beware: Privacy Act Enforcement Is Coming

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    The California attorney general’s recent investigative sweep of employers' compliance with the California Consumer Privacy Act suggests that regulators may actively enforce the act's obligations in the employee and applicant contexts, meaning employers must formulate a game plan, says Jennifer Ruehr at Hintze Law.

  • Tales From The Trenches Of Remote Depositions

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    As practitioners continue to conduct depositions remotely in the post-pandemic world, these virtual environments are rife with opportunities for improper behavior such as witness coaching, scripted testimony and a general lack of civility — but there are methods to prevent and combat these behaviors, say Jennifer Gibbs and Bennett Moss at Zelle.

  • New Fla. Immigration Law May Have Crippling Effects

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    Florida's new immigration law, which went into effect on July 1, will be especially burdensome in industries where retaining adequate staff is already an issue, so employers must assess their staff and thoroughly examine their employee records to check that all documentation is valid to avoid crippling fines and loss of licenses, says Trent Cotney at Adams and Reese.

  • Time For Courts, Attorneys To Use Amended Evidence Rule

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    Though recent amendments to Federal Rule of Evidence 702, clarifying courts’ gatekeeping role in admitting expert witness testimony, will not formally go into effect until Dec. 1, practitioners should use the amendments now to weed out flawed jurisprudence of the past and prevent it moving forward, say Eric Lasker at Hollingsworth and Lawrence Ebner at the Atlantic Legal Foundation.

  • Minn. Noncompete Ban May Add To Nat'l Venue Choice Tangle

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    With federal courts already split on which laws govern choice-of-venue clauses in noncompete agreements, the new Minnesota statute that bans noncompetes and empowers workers to void any employment contract that requires out-of-state adjudication will complicate compliance for multistate employers, says Sarah Tishler at Beck Reed.

  • A Midyear Review Of EEOC's Gender-Related Priorities

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    The U.S. Equal Employment Opportunity Commission’s 2023-2027 strategic enforcement plan focuses on various gender-related issues such as the enactment of pregnancy discrimination and pay transparency laws, and now, more than halfway through the fiscal year, the EEOC's enforcement of such laws is set to surpass previous years, say attorneys at Proskauer.

  • ChatGPT Can't Predict The Future Of Antitrust And AI (Yet)

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    Though OpenAI's ChatGPT has made artificial intelligence a popular topic of conversation recently, the subject of AI and antitrust has been around for years, raising the question of what other competitive concerns might arise as the technology becomes more sophisticated and ubiquitous in our marketplace, say attorneys at Faegre Drinker.

  • Employer Drug-Testing Policies Must Evolve With State Law

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    As multistate employers face ongoing challenges in drafting consistent marijuana testing policies due to the evolving patchwork of state laws, they should note some emerging patterns among local and state statutes to ensure compliance in different jurisdictions, say attorneys at Troutman Pepper.

  • Insurance Implications Of High Court Affirmative Action Ruling

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    The U.S. Supreme Court's recent ruling striking down affirmative action admissions policies at Harvard University and the University of North Carolina will likely result in more litigation related to hiring practices, with implications for insurance coverage, meaning policyholders must remain wary of exclusions and other potential roadblocks, say attorneys at Pillsbury.

  • How Calif. Arbitrators Can Navigate Discovery Landscape

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    Recent California state court decisions that created prehearing discovery subpoena constraints make clear the importance of considering the need for prehearing discovery when drafting arbitration clauses, or attempting to remedy the absence of such authority if both parties seek such discovery after an action commences, says Greg Derin at Signature Resolution.

  • 4 Strategies To Counter Antisemitism In The Workplace

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    With antisemitism on the rise in the U.S., employers have a duty to help Jewish employees feel safe and supported in their professional lives by adapting the four points of the Biden administration's National Strategy to Counter Antisemitism for the workplace, say Johanna Zelman and Rachel Ullrich at FordHarrison.

  • Understanding Illinois' Temp Worker Obligation Updates

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    Recent amendments to the Illinois Day and Temporary Labor Services Act would significantly expand the protection for temporary workers in the state, impose new compliance obligations on staffing agencies and their client companies, and add significant enforcement teeth to the act, say Nicholas Anaclerio and Ellie Hemminger at Vedder Price.

  • Level Up Lawyers' Business Development With Gamification

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    With employee engagement at a 10-year low in the U.S., there are several gamification techniques marketing and business development teams at law firms can use to make generating new clients and matters more appealing to lawyers, says Heather McCullough at Society 54.

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