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NLRB ruling creates new framework for union representation proceedings
The National Labor Relations Board has announced a new framework for determining when employers are required to bargain with unions without a representation election.
Beyond automation: the quest for ethical AI in human resources
In the legal sphere, being the first among companies often translates to bearing the brunt of significant lawsuits in uncharted legal territories.
Protecting you and your business from financial predators
These days there is no shortage of scam calls, phishing e-mails, and bad actors trying to steal what’s yours. They’ve managed to creep into every corner of our business and personal lives – our computers, our phones, our front porches, and our inboxes. So, how do you protect your business from these financial predators? To […]
EEOC proposes broad Pregnant Worker Act rule
A newly proposed rule to implement the federal Pregnant Workers Fairness Act seems to paint the employee’s right to a reasonable accommodation with a broad brush while maintaining a firm standard for the employer’s burden of showing that a particular request would constitute an undue hardship. The U.S. Equal Employment Opportunity Commission announced the proposed rule […]
In wake of court decision, review religious accommodation policies
The recent U.S. Supreme Court ruling in Groff v. DeJoy significantly heightens the standard for determining whether a religious accommodation causes “undue hardship on the conduct of the employer’s business.” Employers should take note of the change and modify policies accordingly. Religious accommodations and undue hardship The obligation to provide religious accommodation comes from Title [...]
U.S. senator issues DEI warning to law firms
Fifty-one law firms across the country have been targeted by a U.S. senator’s warning that race-based hiring programs pose a greater risk of violating federal civil rights laws in the wake of the U.S. Supreme Court’s recent decision in the Harvard affirmative action case. “Federal law has long prohibited treating employees differently because of their […]
EEOC updates guidance on visual disabilities
The Equal Employment Opportunity Commission (EEOC) recently issued new guidance on how the Americans with Disabilities Act (ADA) applies to job applicants and employees with vision impairments.
OSHA requires more data from high-hazard employers
The U.S. Department of Labor has announced a final rule that will require certain employers in high-hazard industries to submit more injury and illness information to the Occupational Safety and Health Administration (OSHA).
Why AI developers are being sued
Plaintiffs are filing suits against AI developers at a quick pace, arguing that AI really creates nothing new but merely reads and copies billions of other peoples’ protected works from the internet. Using these works, and in reaction to a user’s commands, AI combines elements of existing works into something else, whether art or prose. […]
NLRB decision should trigger handbook review
The National Labor Relations Board reversed a stance that allowed employers to maintain certain employee policies, such as prohibitions against public criticism or conflicts of interest.
Fee award upheld over deleted texts
A defendant who violated the non-competition and non-solicitation obligations in his employment contract could be ordered to pay his former employer more than $100,000 in counsel fees as a sanction for failing to preserve relevant text messages, a federal appeals court has decided.
Supreme Court ‘wedding website’ decision could have employment implications
The recent U.S. Supreme Court decision in 303 Creative LLC v. Elenis dealt with the creation of wedding websites, not employment issues. But employers are wondering if the case could impact their anti-discrimination policies and employment actions. Case background In 303 Creative, graphic designer Lorie Smith brought suit against the state of Colorado. Smith was […]
Verdicts & Settlements
- Driver fell asleep, causing significant auto accident — $1M settlement
- Defense verdict returned for company in rear-end crash — Defense verdict
- Cauda equina syndrome developed after procedure — $625,000 settlement
- Passenger died months after sustaining multiple injuries — $725,000 settlement
- Plaintiff injured in crash with oncoming vehicle — $235,000 settlement
- Driver killed in rear-end collision with tractor-trailer — $1.5M settlement
- Man died from pancreatic cancer after delayed response — $1.8M settlement
- Worker fell off roof, rendering him a paraplegic — $1.25M settlement
- Driver sustained permanent hearing loss after traffic collision — $240,000 settlement
- Plaintiff suffered concussion in rear-end collision — $81,000 verdict
- Builder misrepresented home status to buyers — $675,000 verdict
- Low potassium led to cardiac arrest, death of patient — $1M settlement
Opinion Digests
- Company owner dodges breach of contract suit
- Employee’s own allegations doom minimum wage claim
- Federal government defeats former employee’s claims
- Principal wasn’t entitled to exclusively remote work
- USPTO properly redacted info in responsive documents
- Untimely lawsuit allowed to proceed
- Engineering consultant dismissed from suit
- Rule 60 motion was filed too late
- Nonprofit directors immune from ex-employees’ claims
- City, employees immune from whistleblower claims
- Experts excluded in condemnation damages suit
- Judgment entered against company for horse’s death
