Employment

  • April 11, 2024

    United Airlines Defeats Religious Bias Suit Over Vax Mandate

    United Airlines workers failed to furnish "basic factual details" to back up their case alleging the airline discriminated against employees for their religious beliefs by requiring a COVID-19 vaccination, an Illinois federal judge said, tossing the suit.

  • April 11, 2024

    6th Circ. Orders Redo In Brokerage's Trade Secrets Row

    The Sixth Circuit ordered an Ohio district court to take another look at its ruling that a team of insurance brokerage's workers who defected for a competitor must comply with non-compete terms, reasoning that the lower court referenced standards for the injunction, but didn't actually consider them. 

  • April 11, 2024

    Apple Must Face Former Executive's Trimmed Age Bias Suit

    A California federal judge narrowed a former Apple executive's suit alleging his age led the company to withhold bonuses, though the suit stands, as the judge said it sufficiently showed a contract was breached when the company did not pay a hefty stock retention bonus.

  • April 10, 2024

    Wash. Healthcare Workers Owed $100M In Wages, Jury Told

    Counsel for two classes encompassing more than 30,000 current and former healthcare workers told a Washington state jury on Wednesday that Providence Health & Services should pay nearly $100 million in damages for using an illegal time clock rounding method that shortchanged employees and failing to provide required meal breaks.

  • April 10, 2024

    No Retrial Over NC Farm Worker's $2.5M Severed Foot Verdict

    A North Carolina farm failed in its bid for a new trial following a $2.5 million verdict against it, a federal judge ruled Wednesday, as a worker who lost his foot to a grain silo auger had enough evidence to support the award.

  • April 10, 2024

    Smaller May Be Better For NCAA, Sports Antitrust Experts Say

    Sports law experts at the American Bar Association's spring antitrust meeting said Wednesday that for top-level college sports to survive the wave of antitrust litigation that it faces, colleges and universities may need to think small.

  • April 10, 2024

    US, Mexico Resolve Labor Complaints At Two Mexico Plants

    Workers at two Mexico automotive part facilities can now organize under a union of their choice after concerns of labor violations were resolved through the U.S.-Mexico-Canada Agreement's labor rights tool, the Office of the U.S. Trade Representative announced.

  • April 10, 2024

    Senate Disapproves Of NLRB Joint Employer Rule

    A resolution to block an enjoined National Labor Relations Board rule treating more employers as joint employers is headed to President Joe Biden's desk following a close U.S. Senate vote Wednesday, though the president has pledged not to sign.

  • April 10, 2024

    Disney Defends Right To Fire 'Star Wars' Actor Over X Posts

    The Walt Disney Co. and Lucasfilm Ltd. asked a California federal judge to toss Gina Carano's claims that she was unlawfully fired from "The Mandalorian" for her social media posts, arguing they have a constitutional right as artistic creators to decide which actors to employ to express their artistic messages.

  • April 10, 2024

    Drivers Seek Nix Of Uber's Motion After 'Road Not Taken' Brief

    UberBlack drivers urged a Pennsylvania federal judge not to require them to respond to Uber Technologies Inc.'s additional filing in an independent contractor dispute after the company already submitted a brief invoking Robert Frost's poem "The Road Not Taken," saying Uber defied an order setting page limits.

  • April 10, 2024

    3rd Circ. Skeptical Of Challenge To NLRB Bonuses Ruling

    A Third Circuit panel appeared skeptical Wednesday of a nursing home's challenge to a National Labor Relations Board decision finding it unlawfully altered bonus pay it issued during the pandemic without bargaining, as judges questioned the company's argument that the bonuses were allowable under an expired contract.

  • April 10, 2024

    Wells Fargo Can't Bar Atty From Deposition, NC Judge Rules

    Wells Fargo lost its bid to stop the lawyer of a fired investment director, who is accusing the bank of disability discrimination, from questioning his former supervisor, with a North Carolina federal judge saying the bank fell short of showing that the attorney's previous representation of the supervisor was related in any way to the current action.

  • April 10, 2024

    Novant Wants Fired Exec's Atty Fees Cut After Trip To 4th Circ.

    An attorney representing a former Novant Health executive should receive about $140,000 after prevailing on claims that his client was fired for being white amid a diversity push, the healthcare network said, urging a North Carolina federal judge to reduce the ex-executive's request for about $152,000 in attorney fees.

  • April 10, 2024

    CFTC Names New Watchdog After Whistleblower Allegations

    The Commodity Futures Trading Commission announced Wednesday that it has appointed the Federal Election Commission's inspector general to head its own independent watchdog office, following allegations his CFTC predecessor failed to protect whistleblowers within the agency.

  • April 10, 2024

    Cleaning Co. To Pay $400K In H-2B Workers' Exploitation Suit

    Mexican guest workers and a cleaning company that recruited them to work at a Colorado luxury hotel asked a federal judge on Wednesday to grant initial approval of a $400,000 settlement on claims that the company committed myriad wage and visa law violations and threatened to deport workers who complained.

  • April 10, 2024

    3rd Circ. Revives Retaliation Suit Against Pa. House GOP

    The Third Circuit breathed new life Wednesday into a former district office manager's lawsuit alleging she was fired by the Pennsylvania House Republican Caucus for reporting she had discovered mold in a state representative's office, finding she was acting outside her job duties when she spoke up.

  • April 10, 2024

    Union Pacific Can't Duck Biometric Privacy Lawsuit

    An Illinois federal judge on Wednesday again refused to dismiss a third amended complaint claiming that Union Pacific violated the state's biometric privacy law when it collected truck drivers' fingerprints without their informed consent, rejecting several new arguments raised by the railroad in its bid to ditch the suit.

  • April 10, 2024

    9th Circ. Doubts Calif.'s Standing In DOL Union Transit Fight

    The Ninth Circuit appeared open Wednesday to restoring the U.S. Department of Labor's power to deny California transit funding because of a perceived conflict between state pension law and bargaining rights, focusing on the state's standing in a dispute that began between the DOL and a union.

  • April 10, 2024

    Fla. Lawyer Seeks 'Compassion' After Loan Fraud Conviction

    Fresh off a failed bid to have her wire fraud conspiracy conviction nixed, a Florida attorney found guilty of fraudulently obtaining federal COVID-19 relief loans asked a Georgia federal judge for leniency in her upcoming sentencing.

  • April 10, 2024

    Former X Worker Can't Force Doc Release In Bonus Suit

    A California federal judge refused to grant an ex-worker's request that the court decide whether X Corp. must provide employee bonus-related documents to its former chief financial officer before he sits for a deposition, chiding the former worker for not filing a proper request.

  • April 10, 2024

    Ohio Appeals Court Remands AFSCME Reinstatement Row

    An Ohio appeals court sent back to a lower court an arbitration award dispute over a township's claim that a maintenance worker "abandoned his position," finding Wednesday that an arbitrator did had the power under a labor contract to order reinstatement and make the employee whole.

  • April 10, 2024

    Alston & Bird Pushes Arbitration Of COVID Vax Claims

    Alston & Bird LLP urged a Georgia federal court to reject a former aide's objection to a magistrate judge's recommendation to force her to arbitrate her claims alleging she was fired after refusing to get vaccinated for COVID-19.

  • April 10, 2024

    Ex-Reed Smith Atty Can't DQ Judge In Bias Suit Against Firm

    A former Reed Smith LLP attorney failed in her bid to have a New Jersey state judge disqualified from her gender discrimination suit against the firm, with the judge on Wednesday turning down her argument that he improperly reviewed a certification from the firm's general counsel.

  • April 10, 2024

    EEOC Throws Weight Behind AI Bias Suit Against Workday

    The U.S. Equal Employment Opportunity Commission said Workday shouldn't be able to dodge a Black job seeker's California federal court suit claiming it uses biased algorithms to screen out applicants, arguing that the software company can't evade liability by claiming it's not an employer.

  • April 10, 2024

    Major Lindsey Wins Bid To Have Sex Assault Suit Arbitrated

    A former Major Lindsey & Africa LLC employee's sexual assault lawsuit against the legal recruiting giant must go to arbitration, a New York state judge has decided.

Expert Analysis

  • Patent Ownership Issues In Light Of USPTO AI Guidance

    Author Photo

    Recently published guidance from the U.S. Patent and Trademark Office establishes that inventions created using artificial intelligence may be patentable if a human also significantly contributes, but ownership and legal rights in these types of patents are different issues that require further assessment, says Karl Gross at Leydig Voit.

  • Calif. Ruling Shows Limits Of Exculpatory Lease Clauses

    Author Photo

    A California court's recent decision in Epochal Enterprises v. LF Encinitas Properties, finding a landlord liable for failing to disclose the presence of asbestos on the subject property, underscores the limits of exculpatory clauses' ability to safeguard landlords from liability where known hazards are present, say Fawaz Bham and Javier De Luna at Hunton.

  • Breaking Down California's New Workplace Violence Law

    Author Photo

    Ilana Morady and Patrick Joyce at Seyfarth discuss several aspects of a new California law that requires employers to create and implement workplace violence prevention plans, including who is covered and the recordkeeping and training requirements that must be in place before the law goes into effect on July 1.

  • Series

    Serving As A Sheriff's Deputy Made Me A Better Lawyer

    Author Photo

    Skills developed during my work as a reserve deputy — where there was a need to always be prepared, decisive and articulate — transferred to my practice as an intellectual property litigator, and my experience taught me that clients often appreciate and relate to the desire to participate in extracurricular activities, says Michael Friedland at Friedland Cianfrani.

  • Fears About The End Of Chevron Deference Are Overblown

    Author Photo

    While some are concerned about repercussions if the U.S. Supreme Court brings an end to Chevron deference in the Loper and Relentless cases this term, agencies and attorneys would survive just fine under the doctrines that have already begun to replace it, say Daniel Wolff and Henry Leung at Crowell & Moring.

  • What A Post-Chevron Landscape Could Mean For Labor Law

    Author Photo

    With the U.S. Supreme Court’s ruling on Chevron deference expected by the end of June, it’s not too soon to consider how National Labor Relations Act interpretations could be affected if federal courts no longer defer to administrative agencies’ statutory interpretation and regulatory actions, say attorneys at Morgan Lewis.

  • Former Minn. Chief Justice Instructs On Writing Better Briefs

    Author Photo

    Former Minnesota Supreme Court Chief Justice Lorie Gildea, now at Greenberg Traurig, offers strategies on writing more effective appellate briefs from her time on the bench.

  • Preparing For Possible Calif. Criminal Antitrust Enforcement

    Author Photo

    Though a recent announcement that the California Attorney General's Office will resume criminal prosecutions in support of its antitrust enforcement may be mere saber-rattling, companies and their counsel should nevertheless be prepared for interactions with the California AG's Antitrust Section that are not limited to civil liability issues, say Dylan Ballard and Lillian Sun at V&E.

  • Studying NY, NJ Case Law On Employee Social Media Rights

    Author Photo

    While a New Jersey state appeals court has twice determined that an employee's termination by a private employer for social media posts is not prohibited, New York has yet to take a stand on the issue — so employers' decisions on such matters still need to be assessed on a case-by-case basis, say Julie Levinson Werner and Jessica Kriegsfeld at Lowenstein Sandler.

  • Stay Interviews Are Key To Retaining Legal Talent

    Author Photo

    Even as the economy shifts and layoffs continue, law firms still want to retain their top attorneys, and so-called stay interviews — informal conversations with employees to identify potential issues before they lead to turnover — can be a crucial tool for improving retention and morale, say Tina Cohen Nicol and Kate Reder Sheikh at Major Lindsey.

  • AI In Accounting Raises OT Exemption Questions

    Author Photo

    A recent surge in the use of artificial intelligence in accounting work calls into question whether professionals in the industry can argue they are no longer overtime exempt under the Fair Labor Standards Act, highlighting how technology could test the limits of the law for a variety of professions, say Bradford Kelley at Littler and Stephen Malone at Peloton Interactive.

  • Calif. High Court Ruling Has Lessons For Waiving Jury Trials

    Author Photo

    The California Supreme Court’s recent decision in TriCoast Builders v. Fonnegra, denying relief to a contractor that had waived its right to a jury trial, shows that litigants should always post jury fees as soon as possible, and seek writ review if the court denies relief from a waiver, say Steven Fleischman and Nicolas Sonnenburg at Horvitz & Levy.

  • A Look At 3 Noncompete Bans Under Consideration In NYC

    Author Photo

    A trio of noncompete bills currently pending in the New York City Council would have various effects on employers' abilities to enter into such agreements with their employees, reflecting growing anti-noncompete sentiment across the U.S., say Tracey Diamond and Grace Goodheart at Troutman Pepper.

  • Series

    Spray Painting Makes Me A Better Lawyer

    Author Photo

    My experiences as an abstract spray paint artist have made me a better litigator, demonstrating — in more ways than one — how fluidity and flexibility are necessary parts of a successful legal practice, says Erick Sandlin at Bracewell.

  • Draft Pay Equity Rule May Pose Contractor Compliance Snags

    Author Photo

    The Federal Acquisition Regulatory Council's recently proposed rule that would prohibit government contractors from requesting certain job applicants' salary history seems simple on the surface, but achieving compliance will be a nuanced affair for many contractors who must also adhere to state and local pay transparency laws, say attorneys at Hogan Lovells.

Want to publish in Law360?


Submit an idea

Have a news tip?


Contact us here
Can't find the article you're looking for? Click here to search the Employment archive.
Hello! I'm Law360's automated support bot.

How can I help you today?

For example, you can type:
  • I forgot my password
  • I took a free trial but didn't get a verification email
  • How do I sign up for a newsletter?
Ask a question!