Employment

  • March 28, 2025

    Employment Authority: Bypassing A Battered NLRB

    Law360 Employment Authority covers the biggest employment cases and trends. Catch up this week with coverage on how unions and employers are drafting contractual mechanisms to sidestep the National Labor Relations Board amid stalled cases and a leadership crisis, why federal agencies are advising employers that affinity groups could be legally risky, and why one lawyer is warning that unpaid wages litigation may rise under Trump administration changes. 

  • March 28, 2025

    States Urge Justices To Skip Teacher Grants Case

    California, New York and six other states told the U.S. Supreme Court on Friday it doesn't need to weigh in on the validity of a Massachusetts federal judge's order reinstating $250 million in teacher training grants the Trump administration targeted for cuts, noting the dispute will soon be moot.

  • March 28, 2025

    Plan Administrator Wins Electric Co.'s Union Healthcare Fight

    An electric company can't use the Employee Retirement Income Security Act to claw back contributions to a union healthcare plan that weren't put toward benefits, a New York federal judge said Friday, tossing the company's suit against the plan's administrator.

  • March 28, 2025

    Wash. Uber Driver Fails To Upend Arbitration Over Termination

    A Washington federal judge has thrown out an ex-Uber driver's case seeking to block the ride-hailing company from forcing him to settle his wrongful termination dispute in arbitration, despite the plaintiff's argument that a 2024 U.S. Supreme Court ruling upended the company's case for arbitration.  

  • March 28, 2025

    DOD Seeks To Void Union Deals Over Efficiency Concerns

    The U.S. Department of Defense and other agencies asked a Texas federal judge to bless President Donald Trump's move to end collective bargaining with their workers, saying in a new suit that their union deals are hampering national security by inhibiting the president's federal workforce shakeup.

  • March 28, 2025

    Ex-Chicago Firefighter's Vaccine Bias Suit Fails, For Now

    The city of Chicago dodged a former firefighter's lawsuit claiming he was fired for not complying with the city's COVID-19 vaccination policy after being given a religious exemption, with an Illinois federal judge ruling Friday he failed to show he was also exempt from the policy's testing requirement.

  • March 28, 2025

    FedEx Workers' Wage Suit Will Wait On Conn. Justices' Input

    A Connecticut federal judge pressed pause on a class action alleging FedEx Ground Package System Inc. failed to pay workers for their time spent undergoing preshift security screenings, giving the state's high court a chance to weigh in on a similar dispute.

  • March 28, 2025

    Ex-Director Of DOJ's Bankruptcy Watchdog Appeals Removal

    The former director of the Department of Justice's U.S. Trustee Program, which oversees bankruptcy proceedings, has filed an appeal of her termination, saying it was without cause and violated her due process rights, according to documents obtained by Law360 on Friday

  • March 28, 2025

    Walgreens Can't Trim Agent's Overtime Lawsuit

    Walgreens cannot escape breach of contract and unjust enrichment claims in an agent's suit alleging unpaid off-the-clock work, an Illinois federal judge ruled, saying that the worker claimed the company agreed to pay for that time.

  • March 28, 2025

    Judge Sides With Ga. County In DOJ's Racial Slur Suit

    A Georgia federal judge has ended federal prosecutors' suit against a Georgia county claiming it fired two Black employees after they complained of racist treatment from co-workers, finding there was nothing pretextual about their termination for stealing time with bogus reports.

  • March 28, 2025

    NJ Says Banking Dept. Retaliation Suit Still Lacks Facts

    New Jersey urged a state court to dismiss a discrimination and retaliation suit from a former acting director at the state's Department of Banking and Insurance, arguing she hasn't backed her claims she was paid less than her male counterparts and lost out on a promotion due to her gender.

  • March 28, 2025

    Ex-Deputy Wins $250K In Retaliation Suit Over Bias Charge

    A Florida federal jury awarded a former sheriff's deputy $250,000 in his suit claiming he was fired in retaliation for filing a bias charge against the office, claiming it failed to let him take leave for a disability and wear an Islamic cap in accordance with his religious beliefs.

  • March 28, 2025

    2nd Judge Grants Injunction Against DOD's Transgender Ban

    A Washington state federal judge has blocked the Trump administration's ban on transgender troops following a similar move by a federal judge in Washington, D.C., finding that the prohibition blatantly discriminates based on gender status and sex without any justifying evidence.

  • March 28, 2025

    Judge 'Cannot Look Away,' Halts Trump Admin Cuts At CFPB

    A Washington, D.C., federal judge on Friday blocked the Trump administration from stopping work and pursuing mass firings at the Consumer Financial Protection Bureau, saying she had to take action to spare the agency from potential illegal "destruction."

  • March 28, 2025

    Class Deal Doesn't Free Shell Contractor From Fed. Wage Suit

    A class action settlement in Pennsylvania state court over unpaid time spent shuttling to and from the construction of Shell's Beaver County petrochemical plant was distinct enough from a proposed federal class action that the contractor defendant can't dismiss the latter suit, a federal judge ruled Friday.

  • March 28, 2025

    Ill. Judge Blocks Trump's DEI Certification Mandate

    An Illinois federal judge has blocked the U.S. Department of Labor from requiring federal grant recipients to certify that they don't operate programs that violate President Donald Trump's recent executive orders targeting diversity, equity and inclusion initiatives, saying the mandate puts them "in a difficult and perhaps impossible position."

  • March 28, 2025

    Trump Can Fire NLRB, MSPB Members, DC Circ. Says

    A split D.C. Circuit panel on Friday paused district court orders restoring fired members of the National Labor Relations Board and Merit Systems Protection Board to work, once again removing them from their posts while the president's challenges play out.

  • March 28, 2025

    NJ Law Firm Beats DQ Bid Over Atty's Indictment

    The indictment of Brown & Connery LLP senior partner William Tambussi on since-dismissed racketeering charges does not create a conflict of interest that would require the firm to stop representing New Jersey in an employee retaliation lawsuit, a state appellate court has ruled.

  • March 28, 2025

    UK Litigation Roundup: Here's What You Missed In London

    This past week in London has seen sparkling winemaker Nyetimber hit a rival distillery with an intellectual property claim, Newcastle United's former owner Mike Ashley target the club's ex-vice president for damages tied to a fraudulent investment, and a real estate agency file a legal claim against law firm Winston & Strawn LLP. Here, Law360 looks at these and other new claims in the U.K.

  • March 28, 2025

    Off The Bench: NCAA Wages, Coach Hacking, Tennis Tension

    In this week's Off The Bench, the NCAA fires its latest salvo against paying wages to college athletes, the legal fallout from hacking allegations against a former University of Michigan football coach intensifies, and the men's tennis tour fights back against claims of intimidation.

  • March 28, 2025

    5th Circ. Nixes Fed Contractor Wage Decision After Trump EO

    A Fifth Circuit panel agreed Friday to toss its earlier decision ruling that President Joe Biden had the authority to raise the minimum hourly wage for federal contractors to $15, two weeks after President Donald Trump signed an executive order nixing the wage bump.

  • March 28, 2025

    Jackson Lewis Names New Leader In White Plains, NY

    Nationwide employment law firm Jackson Lewis PC has promoted Michael L. Abitabilo from office litigation manager to office managing principal in White Plains, New York, the firm has announced.

  • March 28, 2025

    UAW Beats Black Truck Driver's Bias Claim

    The United Auto Workers escaped a former Howmet Aerospace Inc. employee's lawsuit claiming the union failed to adequately challenge his termination because he's Black, with an Ohio federal judge saying he'd failed to identify a non-Black colleague who received the representation he felt he was owed.

  • March 28, 2025

    Avis Must Face Managers' Misclassification Suit

    Car rental company Avis can't escape managers' collective action accusing it of misclassifying them as overtime-exempt, a New Jersey federal judge ruled, finding a longer time limit for bringing the suit applied because the workers backed up their claims that the company's conduct was willful.

  • March 28, 2025

    PruittHealth Ends Gay Ex-Nursing Director's Harassment Suit

    A Georgia PruittHealth location and a former nursing director have resolved his suit accusing the facility of failing to step in when he was harassed for being gay and then firing him after he complained about it, the parties told a Georgia federal court.

Expert Analysis

  • How Trump Admin May Approach AI In The Workplace

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    Key indicators suggest that the incoming Trump administration will adopt a deregulatory approach to artificial intelligence, allowing states to fill the void, so it is critical that employers pay close attention to developing legal authority concerning AI tools, say attorneys at Littler.

  • Top 10 Legal Issues This Year For Transportation Industry GCs

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    General counsel must carefully consider numerous legal and policy challenges facing the automotive and transportation industry in the year to come, especially while navigating new technologies, regulations and global markets, says Francesco Liberatore at Squire Patton.

  • Exploring Venue Strategy For Trump-Era Regulatory Litigation

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    Litigation will likely play a prominent role in shaping policy outcomes during the second Trump administration, and stakeholders have several tools at their disposal to steer regulatory litigation toward more favorable venues, say attorneys at Covington.

  • What 2024's Noncompete Turmoil Means For Banks In 2025

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    A look back at the most significant legal challenges to the enforceability of various restrictive covenants like noncompete and nonsolicitation agreements in 2024 can help financial institutions address the use of these critical tools this year, say attorneys at Maynard Nexsen.

  • Lessons Learned From 2024's Top FMLA Decisions

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    Last year's major litigation related to the Family and Medical Leave Act underscores why it is critical for employers to understand the basics of when leave and accommodations are required, say attorneys at Dechert.

  • New Year, New Risks: 8 Top Cyber Issues For Finance In 2025

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    As financial institutions forge ahead in 2025, they must strike a delicate balance between embracing technological innovation and guarding against its darker threats, which this year could include everything from supply chain vulnerabilities to deepfakes, say attorneys at Baker Donelson.

  • Lessons Learned From 2024's Top ADA Decisions

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    Last year's major litigation related to the Americans with Disabilities Act highlights that when dealing with accommodation requests, employers must communicate clearly, appreciate context and remain flexible in addressing needs, say attorneys at Dechert.

  • Series

    Playing Esports Makes Me A Better Lawyer

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    Competing in a global esports tournament at Wimbledon last year not only fulfilled my childhood dream, but also sharpened skills that are essential to my day job, including strategic thinking, confidence and networking, says AJ Schuyler at Jackson Lewis.

  • Lessons From The SEC's 2024 Crackdown On AI Washing

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    AI washing was the subject of increased scrutiny from the U.S. Securities and Exchange Commission in 2024 following a surge in the commercial adoption of generative artificial intelligence technologies in 2023, highlighting the importance of transparency, accuracy and accountability when communicating about AI, say attorneys at Perkins Coie.

  • Identifying Deepfakes During Evidence Collection, Discovery

    Excerpt from Practical Guidance
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    Attorneys must familiarize themselves with the tools used to create and detect deepfakes — media manipulated by artificial intelligence to convincingly mimic real people and events — as well as best practices for keeping this fabricated evidence out of court, says Bijan Ghom at Saxton & Stump.

  • An Associate's Guide To Career Development In 2025

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    As the new year begins, associates at all levels should consider establishing career metrics, fostering key relationships and employing other specific strategies to help move through the complexities of the legal profession with confidence and emerge as trailblazers, say EJ Stern and Amanda George at Fractional Law Firm.

  • 5 Proactive Immigration Best Practices For Employers In 2025

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    Businesses that depend on foreign talent should take specific steps in anticipation of changes to federal immigration policies that could affect the H-1B visa and other programs, and likely require changes in organizational operations and compliance strategy, says Dustin O'Quinn at Ballard Spahr.

  • Top 10 Employer Resolutions For 2025

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    While companies must monitor for policy shifts under the new administration in 2025, it will also be a year to play it safe and remember the basics, such as the importance of documenting retention policies and conducting swift investigations into workplace complaints, say attorneys at Krevolin Horst.

  • NLRB Likely To Fill Vacuum After NMB Jurisdiction Ruling

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    The National Mediation Board's recent ruling in Swissport Cargo Services LP abandoned decades of precedent by concluding the Railway Labor Act doesn’t apply to airline service providers, likely leading the National Labor Relations Board to assert its jurisdiction instead and potentially causing more operational disruptions and labor strife, say attorneys at Morgan Lewis.

  • What To Expect From EEOC Next Year After An Active 2024

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    While highlights this year for the U.S. Equal Employment Opportunity Commission include its first-ever Pregnant Workers Fairness Act cases and comprehensive workplace harassment guidance, the question for 2025 is whether the commission will sustain its momentum or shift its focus in a new direction, says Shannon Kelly at GrayRobinson.

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