Free Newsletter
OSHA citation vacated in fatal forklift incident
A federal appeals court has issued a significant decision regarding online pet retailer Chewy, Inc.’s liability under the Occupational Safety and Health Act.
Manager fails to show age was reason for termination
Where the record showed an employee’s position was eliminated because of a need to downsize and because he scored the lowest of three sales managers on a decision matrix, a federal trial court in Virgnia concluded that his age discrimination and retaliation claims could not go forward.
Manufacturer hammered with record FLSA verdict
A federal jury found that East Penn Manufacturing, one of the world’s largest battery manufacturers, violated federal law by failing to compensate employees for time spent on pre- and post-shift activities. The jury awarded back wages of more than $22 million to the Department of Labor (DOL) on behalf of more than 7,500 employees working […]
USCIS provides guidance on employment authorization under ‘compelling circumstances’
U.S. Citizenship and Immigration Services (USCIS) recently released policy guidance that could help certain foreign-born workers receive or renew an Employment Authorization Document (EAD). The guidance addressed “compelling circumstances” for principal applicants and their dependents. While employment authorization for certain noncitizens is automatically provided by virtue of their immigrati[...]
Court denies employer’s motion to compel arbitration
An employer’s motion to compel arbitration of a former employee’s discrimination claim should be denied because there is a genuine issue of material fact regarding whether the plaintiff agreed to arbitration, a federal court in Michigan has held. Blue Cross Blue Shield of Michigan terminated Ryan Romano after he sought a religious exemption to the […]
Expect a patchwork of state and local AI hiring laws
A New York City law going into effect this month will regulate how companies use artificial intelligence (AI) software in the hiring process. The city passed the law in 2021 but didn’t adopt specific rules until April of this year. Per the regulations, companies must notify candidates when an AI system is being used and […]
NLRB redefines entrepreneur issue in contractor status
A June decision by the National Labor Relations Board (NLRB) could make it easier for workers to be classified as employees rather than independent contractors. The board’s ruling in Atlanta Opera, Inc. and Make-Up Artists and Hair Stylists Union, Local 798, IATSE marks a return to a previous test for worker classification. In the decision, […]
$630 million legal-malpractice claim can proceed
A trial judge in Massachusetts has ruled that a partner in a multi-billion-dollar hedge fund can bring a malpractice claim against law firm Proskauer Rose for incorporating a provision in his limited partnership agreement that enabled the fund’s general partner to strip him of his stake by carrying out certain permitted transactions. Plaintiff Robert Adelman, […]
More Americans testing positive for marijuana after workplace accidents
The percentage of American employees testing positive for marijuana following a workplace accident has reached its highest level in 25 years, according to a new report from Quest Diagnostics. Researchers reviewed the results of more than 10.6 million samples taken from the U.S. workforce in 2022. They found that 7.3 percent of workers tested positive […]
NRLB general counsel says noncompetes are generally unlawful
The National Labor Relations Board has issued a memorandum asserting that noncompete agreements generally violate a worker’s right to engage in collective action to improve their working conditions, as protected under the National Labor Relations Act. The memorandum, promulgated on May 30, 2023, falls in line with other state and federal actions intended to curb […]
Can artificial intelligence be trusted to draft a construction contract?
If you ask one of the leading artificial intelligence chatbots, ChatGPT, if you should rely on it to draft a construction contract, it responds that it is “highly recommended to hire a construction attorney rather than relying solely on ChatGPT or any AI model to draft a construction contract.” As support, ChatGPT provides a handful […]
Supreme Court: Unions must take precautions to protect company property
The U.S. Supreme Court, in an 8-1 decision, has held that the National Labor Relations Act (NLRA) does not prevent a company from filing a lawsuit in state court alleging intentional destruction of property by a union during a labor dispute. The court ruled that the act does not protect a union’s failure to take […]
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
