Customs and Border Protection Reaches $45 Million Pregnancy Discrimination Settlement
On August 13, 2024, Customs and Border Protection (CBP), the largest federal law enforcement agency within the United States Department of Homeland Security, agreed to pay $45 million to a class of over 1,000 CBP Officers and Agricultural Specialists to settle their claims alleging sex and pregnancy discrimination in violation of the Pregnancy ...
DOJ Sues Property Management Software Company for Price Fixing
The DOJ, joined by eight states, filed suit against property management software company, RealPage, for using its price setting algorithm to maintain and increase the cost of rent nationwide. Landlords holding more than 16 million rental units pay RealPage to use its software. RealPage is alleged to collect granular data from these landlord-licensees ...
Circuit Split Leads to SCOTUS Review of Falsity Pleading Standard
On June 17, 2024, the U.S. Supreme Court granted Defendants' writ of certiorari in Nvidia Corp. v. Ohman J, No. 23-970, 2024 WL 3014476, (U.S. June 17, 2024). In Nvidia, Plaintiffs alleged that Nvidia, a company which makes graphic process units ("GPU") intended for gaming applications, and its CEO knowingly misled its investors about the ...
The Fall of Chevron and its Impact on ESG Factors
Chevron, U.S.A., Inc. v. Natural Resources Defense Council, Inc., 467 U.S. 837, 104 S. Ct. 2778 (1984) gave the executive branch a seat at the bench when courts were ruling on administrative law. However, after decades of deference, last month in June, the Supreme Court overturned Chevron in the recent cases Loper Bright Enterprises v. Raimondo ...
New Jersey Passes Law Penalizing Employers for Threatening to Report or Reporting Workers’ Immigration Status
On August 8, 2024, acting Governor of New Jersey, Tahesha Way, signed a bill into law which goes into effect immediately, providing additional protections to New Jersey's immigrant workers who expose or threaten to expose violations in the workplace. Specifically, employers who threaten to report or report a worker's immigration status to ...
Canadian Bread Price-Fixing Settlement: A Slice of Justice?
The bread industry in Canada has been kneading controversy for years, but the recent settlement over price-fixing accusations is the yeast we all needed to rise against corporate greed. The scandal, which left a sour taste in the mouths of many, involved some of the biggest bakers in the Land of Maple who were caught buttering their own bread ...
When Responding to Claims of Sexual Harassment, Half-Hearted Responses by Employers Can Lead to Liability
Employers who are made aware of sexual harassment in the workplace are required to take meaningful remedial action to address the situation. But what happens when an employer does take some response and the victim argues the employer's response was not sufficient? As the case of Payne v. JetBlue Airways Corp., 2024 WL 3360381 (E.D.N.Y. July ...
Laborers Sue Carpet Cleaning and Mold Remediation Company for Failure to Pay Overtime
On July 29, 2024, laborers sued a carpet cleaning and mold remediation company in Georgia called Genesis Restoration Services, Inc. ("Genesis") for paying flat, daily rates that did not provide proper compensation for overtime. According to the lawsuit, the named plaintiff was called a "manager" by Genesis but performed substantially the same ...
The Trouble with Greenwashing
As the hottest summer on record continues, and the calendar turns from July to August, the human impact on the climate is difficult to ignore. Recent trends in consumer purchasing decisions and preferences show that consumers are more focused than ever on making sustainable purchasing decisions. Not only are consumers more keenly attuned to ...
Disney, Fox, Warner Bros. Oppose Fubo’s Attempt to Enjoin Sports Streaming Joint Venture
On July 25, 2024, Disney, Fox, and Warner Bros. opposed Fubo's motion for a preliminary injunction seeking to prevent the media giants from going in together on a joint venture that would create a sports-focused streaming platform. The defendants argued in their opposition that Fubo is asking to be shielded from competition by blocking a new ...
Federal Court Recommends Class Certification for Tax Preparers’ Wage Claims
On June 21, 2024, a federal magistrate judge in the Eastern District of New York recommended granting class certification to tax preparers alleging overtime violations and unlawful deductions, among other things. Specifically, the tax preparers sued two companies doing business as R & G Brenner Income Tax Centers (collectively, "R & G Brenner"), ...
New York to Provide Nursing Mothers with Paid Lactation Breaks
On June 19, 2024, an amendment to New York Labor Law § 206-c (A08806C) will take effect, entitling nursing mothers to "30 minutes of paid break time each time they reasonably need to express breast milk." Specifically, the amendment to § 206-c states: An employer shall provide paid break time for thirty minutes, and permit an employee to ...
A Sign of Macquerie’s Impact- The E-House (China) Holdings Limited Decision
On June 10, 2024, the Second Circuit Court of Appeals affirmed the Southern District of New York's decision granting Defendants, E-House (China) Holdings Limited ("E-House") —a China based real estate services company— and other individual Defendants' Motion to Dismiss Plaintiffs' Amended Complaint. This case centered around allegations ...
President Vetoes Congressional Resolution To Overturn The SEC’s Crypto Accounting Guidance
On May 31, 2024, President Biden vetoed a Congressional resolution to overturn the U.S. Securities and Exchange Commission's ("SEC") crypto accounting guidance, Staff Accounting Bulletin 121 ("SAB 121"). According to Law360, SAB 121 directs firms that safeguard consumer crypto to track the funds as liabilities on their balance sheets. The ...
Kicking Antitrust Out of the Park: FIFA Settles Suit Over U.S. Foreign Player Ban
In a much lauded decision that will likely have more impact on U.S soccer than Lionel Messi's arrival in Miami last year, FIFA has settled an antitrust suit accusing it of banning foreign players from official matches in the U.S. This move is a game-changer, opening the door for international talent to grace American pitches. For years, FIFA's ...
Ninth Circuit Provides Additional Case Law on Determining Loss Causation in Securities Class Action
On April 5, 2024, the Ninth Circuit reaffirmed that, in determining loss causation, an artificial inflation is not merely a price increase, but a change in the natural course of the stock price that is more beneficial for the defendants than if the misstatement had not been made. Overall, Plaintiffs won an appeal in the Ninth Circuit, which ...
Bipartisan Bill Introduced Allowing Investors to Receive Information Electronically
On February 29, 2024, Thom Tillis, R-N.C. and John Hickenlooper, D-Colo., introduced proposed legislation entitled "Improving Disclosure for Investors Act of 2024" (the "2024 Act"), which would require the Securities and Exchange Commission ("SEC") to write a rule allowing the delivery of required regulatory documents by electronic delivery. ...
New York State Budget Provides for Paid Prenatal Personal Leave, First Law of Its Kind in U.S.
On April 20, 2024, Governor Hochul approved New York's final budget for fiscal 2025, amending New York Labor Law § 196-b (the New York Paid Sick Leave Law) to require employers to provide up to 20 hours of "paid prenatal personal leave" ("PPPL") in a 52-week period, beginning January 1, 2025. This is the first law of its kind in the United ...
CBD Switch Up Leads to SCOTUS Review of RICO Suits
The United States Supreme Court agreed to hear arguments from three CBD Oil manufacturers who face a RICO suit filed by a consumer who was fired due to the undisclosed presence of THC in his CBD products. Although initially successful on a motion for summary judgment below, the manufacturers lost on appeal when the Second Circuit joined the ...
U.S. Department of Labor Finalizes New Rule Increasing Overtime Salary Threshold
On April 23, 2024, the U.S. Department of Labor ("DOL") released a final rule, raising the salary threshold for certain overtime exemptions under the Fair Labor Standards Act ("FLSA"), the federal law establishing minimum wage and overtime pay, among other things. Under the FLSA, employees who work more than 40 hours in a week must receive ...