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Law.com

11th Circuit Rejects Former CSX Employee's Safety-Related Whistleblowing Claims

"The evidence at summary judgment establishes that Hitt engaged in protected activity by refusing to work during the lightning storm and refusing to operate at speeds he considered unsafe and that he suffered an adverse action by being terminated. But there is no evidence that these actions were a contributing factor to CSX's decision to terminate him," Judge Andrew L. Brasher wrote.
5 minute read

New York Law Journal

One Down, Many More to Go: Non-Compete 'Bans' After FTC's Rule Struck Down

A discussion of 'Ryan LLC v. FTC,' which set aside the Federal Trade Commission's nationwide non-compete ban. "In the wake of that ruling from Texas, employers across the country can breathe a sigh of relief, knowing that the ban did not go into effect on Sept. 4, 2024. But any respite may be temporary because of the uncertainty of the litigation process."
8 minute read

Law.com

State High Court Finds 7-Eleven Franchisees Fail to Meet Definition of Employee

"Accordingly, we conclude that the contractual obligations of the franchisees to operate their convenience stores in a manner that preserves the integrity of the brand does not satisfy the threshold determination," Associate Justice Dalila Argaez Wendlandt said.
5 minute read

International Edition

Ogletree Deakins Bolsters Canadian Bench with Five New Lawyers

Partners hail from Norton Rose Fulbright and telecom company Telus to bring labor and employment firm up to 19 lawyers in Canada.
2 minute read

The Legal Intelligencer

Lawsuit: School Dean Fired for Reporting Alleged Sexual Harassment

On March 21, 2018, plaintiff Jeffrey Krug was terminated from his job as dean of the Zeigler College of Business at Bloomsburg University. Krug claimed he was fired for reporting sexual harassment allegedly committed by the university's president, Bashar Hanna.
3 minute read

Texas Lawyer

Texas Law Firms Trim Scope of Wages Collective Action

The majority opinion notes that its conclusion on personal jurisdiction over opt-in plaintiffs in FLSA collective actions puts it in line with three sister circuits.
4 minute read

Corporate Counsel

Joining Effort to Beat Down NLRB, Amazon Suit Calls Agency's Administrative Process 'Constitutional Infirmity'

The e-commerce giant's beef stems from an administrative injunction the NLRB filed against it in March 2022, about a week before workers at a Staten Island Amazon warehouse voted to unionize.
3 minute read

The Legal Intelligencer

Federal Judge Cuts $20M Punitive Damages Award to $1M Over Constitutionality Concerns

"The court's opinion makes it clear that the conduct of the defendant was reprehensible. The court reduced the amount of punitive damages, not because of the nature of the conduct, or because of the court's own feelings about the conduct, but rather on its analysis of Supreme Court law on the constitutionality of the ratio between compensatory and punitive damages," said the plaintiff's attorney, Jamie Bordas of Bordas & Bordas in Pittsburgh.
4 minute read

New York Law Journal

Litigation Departments of the Year Winner, Labor & Employment: Jones Day

Jones Day took top honors in the category on Sept. 5 at the New York Legal Awards
4 minute read

The Legal Intelligencer

A Proactive Response to OSHA's Proposed Rule on Heat

Several steps remain in the regulatory process until a final, enforceable rule, but employers should be proactive in reviewing it, understanding its requirements, and preparing (or shoring up) a workplace heat safety program. A proactive approach on heat should also have near-term benefits with respect to OSHA enforcement.
7 minute read

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