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March 16, 2023 | The Legal Intelligencer

Ex-Trader Joe's Employee's Retaliation Claims Allowed to Proceed Against Company

Jarmon asserted claims of racial discrimination and retaliation, alleging numerous racist incidents and comments at numerous store locations he was transferred between, and eventually, as he alleges, being terminated as a form of retaliation after the company learned he had filed a civil action against them.
6 minute read
March 09, 2023 | Law.com

AI Was Supposed to Help Improve Diversity; Now it's Being Regulated for Bias

As artificial intelligence tools became more advanced, they were initially lauded as a critical tool in leveling the playing field in areas such as hiring.
9 minute read
March 08, 2023 | New York Law Journal

Bonuses, Clawbacks and Bad Behavior

Departing employees who leave, whether voluntarily or otherwise, may claim they earned a bonus and that the employer's failure to pay it on their termination constituted a breach of contract or even a violation of wage payment laws. Recently issued SEC regulations and announcements from the U.S. Department of Justice with regard to bonus policies have imposed new obligations on employers, and new areas of liability.
8 minute read
March 03, 2023 | New Jersey Law Journal

Littler to Handle FMLA Suit Claiming Employee Was Fired After Getting COVID

This suit was surfaced by Law.com Radar. Read the document here.
1 minute read
February 17, 2023 | Litigation Daily

A Pre-President's Day Edition of Litigator of the Week Runners-Up and Shout Outs

Our first runners-up at Mayer Brown scored a major Ninth Circuit win for the U.S. Chamber of Commerce
7 minute read
February 15, 2023 | The Recorder

9th Circuit Rules Federal Law Preempts California Ban on Mandatory Employee Arbitration

The court's majority opinion said California's arguments regarding consent in arbitration cases "misunderstand basic principles" of the state's contract law. Yet, a dissenting judge said his colleagues in the majority are the ones departing from "fundamental principles."
5 minute read
February 13, 2023 | The Legal Intelligencer

People in the News—Feb. 13, 2023—Munley, Littler

Munley Law recently announced that partner Marion Munley spoke at the Sidney T. Marable Arizona Association for Justice Annual Conference—2022.
3 minute read
February 02, 2023 | Corporate Counsel

Hair at Root of Anti-Discrimination Laws Sweeping Country

"Although getting a warning for a violation may not sound like much, most employers do not want to attract negative press for discriminating against an employee," Bradley Arant Boult Cummings said in a client briefing.
6 minute read
January 31, 2023 | Law.com

Finding Neither Recklessness Nor Bad Faith, Federal Court Denies Starbucks Attorney Fees Despite Victory Over NLRB

"In addition to finding that Petitioner's claims were not frivolous, the Court does not find other evidence of Petitioner's lack of an honesty of purpose in this case," Judge John J. Tuchi wrote. "Moreover, Petitioner did not act recklessly by unreasonably multiplying these proceedings. Finding neither recklessness nor conduct tantamount to bad faith on the part of Petitioner, the Court concludes Respondent is not entitled to attorneys' fees in this matter."
4 minute read
January 30, 2023 | Law.com

Judge: ERISA Claims to Proceed Against Late Physician's Employer Alleging Incomplete Communications With Beneficiary

"I think the case provides a good summary of the distinction between the duty of a fiduciary under an ERISA plan to provide information generally to employees and that's limited but once an employee seeks the assistance of the HR department and the HR department tells them that they're going to assist them and preserving the benefit, then the level of information that they need to provide becomes greater," said the plaintiff's attorney, Joseph P. Musacchio, of counsel for Kreindler & Kreindler in Boston.
5 minute read

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