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Texas Lawyer

Legal Tech Firm Takes on NLRB—and Wins

A legal tech company's refusal to enter collective bargaining had merit, the Fifth Circuit said, because a class of supervisors were improperly included in the bargaining unit. The decision went against the National Labor Relations Board.
4 minute read

The Legal Intelligencer

Divided Pa. High Court Allows Medical Providers' Civil Lawsuits for Unpaid Workers' Comp Benefits

In Elite Care RX v. Premier Comp Solutions, the Pennsylvania Supreme Court was asked to address where a health care provider can pursue a claim against an insurer for unpaid medical bills incurred by injured workers receiving workers' compensation benefits. Must a provider go through the administrative processes of Pennsylvania's Workers' Compensation Act (the act), or could it pursue a civil lawsuit?
10 minute read

Connecticut Law Tribune

Big Law Hired for Employment Cybersquatting Suit

Michael S. O'Malley of Ogletree Deakins, along with Evan H. Cohn of Taft Stettinius & Hollister, are counsel for the plaintiff.
3 minute read

Law.com

Ex-Nurse's 'Individualized, Idiosyncratic Religion' Claims Against COVID-19 Vaccination Mandate Allowed to Proceed, Judge Rules

"Here, the plaintiff has alleged that a core principle of being 'Pagan' is submitting to natural forces and refusing artificial medical aid," U.S. Chief Judge F. Dennis Saylor IV wrote. "She has asserted that the mRNA technology used to develop some of the COVID-19 vaccines makes them unnatural and impermissible, as distinct from the virus-derived annual flu vaccine. That asserted connection is sufficient to support a plausible claim that accepting at least some of the COVID-19 vaccines would violate a tenet of her idiosyncratic religion."
4 minute read

Law.com

N.C. Employee's Contractual Dispute Over $70K in Unpaid Wages Allowed to Proceed, Federal Judge Rules

"It is not clear from the face of the complaint that plaintiff's breach of contract claim is barred by the statute of limitations because it is plausible that partial payments from defendant Adora made sometime between 2016 and 2022 tolled the statute of limitations. This is a factual issue that cannot be resolved at the motion to dismiss stage," U.S. District Judge William L. Osteen said.
5 minute read

The Legal Intelligencer

Health Care Worker Files Class Action Against Staffing Agency for Unpaid Meal Breaks

This complaint was first surfaced by Law.com Radar, ALM's source for immediate alerting on just-filed cases in state and federal courts.
4 minute read

Law.com

Loophole in the WARN Act? Remote Workers Sue Zulily

"Defendant Regent made the calculated decision, in consultation with its lawyers, that it could save money because of an alleged loophole in the WARN Act; namely, that it supposedly did not apply to fully or partially remote workers. However, that is not correct," the suit claims.
4 minute read

Law.com

Former Salesforce VP's Whistleblower Retaliation Suit Allowed to Proceed, Judge Rules

"Protected activity only needs to implicate 'a reasonable belief' that 'a violation is likely to happen,'" U.S. District Judge Angel Kelley for the District of Massachusetts said. "Given his background and the factual circumstances, Wirth had enough information to sufficiently plead that he reasonably believed a violation of SOX was likely to happen."
4 minute read

The Legal Intelligencer

Navigating the Shifting Landscape of Noncompete Agreements: Key Updates and Implications for Pa. Employers

Changes in the world of noncompetition agreements (noncompetes) have been particularly prevalent in recent weeks, most notably including court activity barring the Federal Trade Commission's new noncompete ban and Pennsylvania's new law restricting the use of certain noncompetes for health care practitioners.
5 minute read

New Jersey Law Journal

Fired In-House Lawyer Claims She Lost Job During Miscarriage Recovery

"The defendants also went to great lengths to invent bogus and pre-textual performance issues in an attempt to justify an otherwise unlawful termination," plaintiffs lawyer Matthew Luber said.
5 minute read

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