Bloomberg law daily labor report

Boeing’s Job Pledge in Seattle Sets Stage for Future Conflict

Boeing Co . has promised to keep aircraft production in the Pacific Northwest under a tentative labor agreement with the International Association of Machinists, the latest test of job-protection pacts that have produced uneven results in other sectors.

Amazon’s Access Policy Violated Settlement, Labor Board Rules

Amazon.com Inc. ran afoul of a settlement agreement with National Labor Relations Board prosecutors by issuing a rule restricting off-duty workers’ access to its facilities, the NLRB ruled.

US Labor Board Passes Initial Test in Constitutional Challenge

An automotive fuel systems company lost its bid for an immediate court order to halt a National Labor Relations Board case based on its constitutional challenge to the agency.

Hospital Defeats Nurse’s Vaccine Faith Bias, Retaliation Claims

An Ohio hospital defeated a religious nurse’s bias case after demonstrating that allowing her to work without undergoing Covid-19 vaccination or weekly testing would pose an undue hardship.

New York, California Take Lead to Shape Workplace Violence Laws

Workplace violence prevention laws in the bellwether states of California and New York are poised to influence legislative approaches in other jurisdictions that must decide whether to focus prevention efforts solely on high-risk industries.

PRACTITIONER INSIGHTS

Gensler’s Stalled ESG Agenda May Spur Firms to Slow Compliance

Lawrence Cunningham University of Delaware

Insurance Coverage Can Shield Policyholders in Plastics Lawsuits

Brian Scarbrough Jenner & Block

Don’t Worry if AI Is Good Enough Yet. Focus on People, Strategy

Matthew Dunne

Latest Stories

Cognizant Can’t Shake Job Bias Class Action After Mistrial

Cognizant Technology Solutions Corp . failed to convince a federal judge to toss a class action after the court declared a mistrial last year due to a deadlocked jury.

Kirkland & Ellis Loses Ground in Fired Female Lawyer’s Bias Case

Kirkland & Ellis LLP and some of its partners lost much of their fight for a federal court to dismiss a female former associate’s claims of gender discrimination.

SpaceX Accounts for 80% of FAA’s Space Workers’ Overtime

US air safety regulators are working overtime to keep up with safety and launch license applications at Elon Musk ’s SpaceX , the world’s most prolific rocket launch company.

Wayfair Worker Fails With Appeal in Bias Suit Spurred by Injury

Wayfair Inc. defeated a warehouse worker’s bid to revive a lawsuit challenging his termination after a workplace injury limited his lifting ability.

Education Tech Company Settles Charges of Unequal Pay for Women

An education technology company agreed to provide injunctive and other relief to a female manager following a federal pay discrimination investigation, the Equal Employment Opportunity Commission announced Tuesday.

Cedars-Sinai Retirement Plan Class Covers 16,000, Workers Say

Former Cedars-Sinai Medical Center Inc. employees asked a federal court to certify a class of more than 16,000 people in their lawsuit challenging the administrative fees and investment options in the Los Angeles hospital’s $2.15 billion retirement plan.

ExxonMobil Defeats Male Worker’s Bias Suit Over Harassment Probe

A fired Exxon Mobil Corp. refinery worker was denied a trial on his sex discrimination claim because he lacked evidence of “fishy circumstances” showing the company discriminates against men.

Air Canada Pilots Get More Political Support as Strike Looms

Canada’s Conservative party chief says he stands with pilots in a labor dispute with Air Canada, as the carrier prepares to suspend flights ahead of a potential strike.

KPC Healthcare Stock Plan Participant Can’t See Valuation Report

A former KPC Healthcare Holdings Inc. worker challenging the company’s 2021 sale away from its employee stock ownership plan isn’t entitled to see a valuation report that allegedly informed the transaction, a federal judge said.

Cornell Fails to Shed Former Faculty Member’s Title IX Bias Suit

A former assistant physics professor may continue to pursue his claim against Cornell University for gender discrimination, a federal court said.

From Across Bloomberg Law

William Fry Recruits Sean Murray as Partner in Tax Department

Sean Murray joined William Fry as a partner in its tax department, the firm announced Wednesday.

Kirkland & Ellis Loses Ground in Fired Female Lawyer’s Bias Case

Kirkland & Ellis LLP and some of its partners lost much of their fight for a federal court to dismiss a female former associate’s claims of gender discrimination.

China’s Nio Taps ArentFox Lawyer for EV Company’s Top US Role

Nio Inc., a Chinese electric vehicle maker facing myriad legal and regulatory issues as it takes on Tesla lnc., has hired a new US legal chief from a law firm that does work for the Elon Musk-led automotive giant.

Supreme Court Today, Sept. 12, 2024

Supreme Court Today, Vol. 93 No. 7, pages 3033-3040, dated Sept. 12, 2024, is now available. A link to the PDF version can be found in the Related Documents field.

Sponsors Eye September Passage of Bill to Add Trial Court Judges

House backers of a bipartisan, Senate-passed bill to expand the judiciary hope to send it to the president’s desk this year, despite limited time and a packed legislative agenda ahead of Election Day.

Litigation Shop Sanford Heisler Adds DC’s McKnight to Masthead

National civil rights law firm Sanford Heisler Sharp has appointed partner Vince McKnight to co-vice chair.

Arch Insurance Owes $3 Million for Private Equity Litigation

A private equity firm’s insurer is on the hook for more than $3 million in legal defense costs the firm incurred litigating a case related to a judgment against a corporate housing company it acquired and dissolved, a federal court ruled.

ExxonMobil Defeats Male Worker’s Bias Suit Over Harassment Probe

A fired Exxon Mobil Corp. refinery worker was denied a trial on his sex discrimination claim because he lacked evidence of “fishy circumstances” showing the company discriminates against men.

VC Firm Closes Black Women Business Grant to End Bias Suit (1)

A venture capital firm will shut down a program that provided grant funding to Black women entrepreneurs in order to end a discrimination case brought by a conservative advocacy group led by longtime diversity, equity, and inclusion opponent Edward Blum.

Harvard Is Latest Elite College to Report Drop in Black Freshmen

Harvard University became the latest elite school to report a decline in first-year Black students following a US Supreme Court ruling that effectively banned colleges from considering race as a factor in admissions.

Goldman Stock-Picking Model Is Challenging ESG Assumptions (2)

At Goldman Sachs Group Inc. , there’s an ESG filter that tells investors to buy coal giant Glencore Plc , and avoid Big Tech staples Microsoft Corp. and Alphabet Inc.

ACT Exam’s Private Equity Restructuring Hit With Court Challenge

The private equity firm that owns a majority of the organization behind the ACT college admissions exam is forcing through a restructuring to spin off part of the enterprise, according to an unsealed lawsuit.

Cognizant Can’t Shake Job Bias Class Action After Mistrial

Cognizant Technology Solutions Corp . failed to convince a federal judge to toss a class action after the court declared a mistrial last year due to a deadlocked jury.

Kirkland & Ellis Loses Ground in Fired Female Lawyer’s Bias Case

Kirkland & Ellis LLP and some of its partners lost much of their fight for a federal court to dismiss a female former associate’s claims of gender discrimination.

Florida Attack on Abortion Measure Allegedly Misuses State Power

Gov. Ron DeSantis’ administration’s efforts to criticize the state’s abortion rights ballot measure is an unlawful misuse of taxpayer funds, a local attorney claimed in a petition to the state high court.

BGOV Bill Analysis: H.R. 5717, Cut Funding for Sanctuary Cities

States and cities that have in place policies that hinder the federal government from enforcing immigration laws would be ineligible to receive federal aid for migrant care under H.R. 5717 .

ExxonMobil Defeats Male Worker’s Bias Suit Over Harassment Probe

A fired Exxon Mobil Corp. refinery worker was denied a trial on his sex discrimination claim because he lacked evidence of “fishy circumstances” showing the company discriminates against men.

Cornell Fails to Shed Former Faculty Member’s Title IX Bias Suit

A former assistant physics professor may continue to pursue his claim against Cornell University for gender discrimination, a federal court said.

Biden Claiming Waters Control Over North Slope, Alaska Says

The Biden administration is trying to claim nearly all of Alaska’s Arctic Coastal Plain as a wetland protected under the Clean Water Act in defiance of the US Supreme Court’s 2023 wetlands ruling, an Alaska official told a House subcommittee on Wednesday.

Kirkland & Ellis Loses Ground in Fired Female Lawyer’s Bias Case

Kirkland & Ellis LLP and some of its partners lost much of their fight for a federal court to dismiss a female former associate’s claims of gender discrimination.

Wayfair Worker Fails With Appeal in Bias Suit Spurred by Injury

Wayfair Inc. defeated a warehouse worker’s bid to revive a lawsuit challenging his termination after a workplace injury limited his lifting ability.

Florida Attack on Abortion Measure Allegedly Misuses State Power

Gov. Ron DeSantis’ administration’s efforts to criticize the state’s abortion rights ballot measure is an unlawful misuse of taxpayer funds, a local attorney claimed in a petition to the state high court.

Illinois Fuel Tax Case Opens Door to More Expansive Tax Rules

Marathon Petroleum Co. will try to convince the Illinois Supreme Court at oral arguments Thursday to overturn a $15 million motor fuel tax bill and in the process urge the court to put the brakes on localities expanding their reach and taxing intangible assets.

RFK Jr. Takes Michigan Ballot Removal Fight to Federal Court (1)

Robert F. Kennedy Jr. asked a federal judge to intervene after losing his fight in Michigan courts to remove his name from the state’s November presidential election ballot.

Columns + Commentary

David Lat

David Lat Exclusive Jurisdiction

This Federal Judge Calls for Giving Prisoners a Second Chance

Rebecca Rainey

Rebecca Rainey Punching In

Punching In: Popularity of Overtime Pay Rules Meets the Courts

Rob Chesnut

Rob Chesnut Good Counsel

GCs Pull Levers to Build or Erode Trust With Customers, Employees

John Authers

John Authers

Jobs Don’t Justify Half-Point Cut. Will Inflation?: John Authers

The Artificial Intelligence Dilemma: Can Laws Keep Up?

The risks that artificial intelligence represents have come into sharper focus: disinformation, potential job loss, perhaps even an existential threat to humanity. Is government capable of putting guardrails around such a fast-moving technology?

IN BRIEF

Case: Discrimination/Religious Accommodation (D. Mass.)

A federal court denied Massachusetts Financial Services Company’s motion to dismiss the Title VII and state law religious discrimination claims of an assistant vice president and a software architect who were allegedly terminated after refusing a company mandate to receive a Covid-19 vaccine. Usmanov v. Mass. Fin. Servs. Co., 2024 BL 307405, D. Mass., 1:23-cv-11631-JEK, 9/3/24

Case: Individual Employment Rights/Noncompete Agreements (E.D. Mich.)

Datamatics Global Services, Inc.’s state law breach of contract claim against a former sales executive who quit, joined a competitor, and solicited business from a Datamatics client will survive dismissal, a Michigan federal court ruled, where his non-solicitation covenant was enforceable. Datamatics Glob. Servs. v. Ravi, 2024 BL 303245, E.D. Mich., 2:23-cv-12035, 8/29/24

Case: Discrimination/Discharge (S.D.N.Y.)

An observant Muslim female employee who wears a hijab plausibly alleged that Dunkin Donuts discriminated against her based on her religion and sex in violation of Title VII of the Civil Rights Act, and New York state and New York City law, a federal district court ruled. Nahar v. ADR Ventures WPR LLC, 2024 BL 307976, S.D.N.Y., 23-CV-3835 (VSB), 9/3/24

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