Employment

  • July 03, 2024

    Mass. Court Partially Revives Trooper's Bias Suit

    An intermediate-level appellate panel in Massachusetts on Wednesday partially revived a suit brought by a state trooper who claimed she faced retaliation and was treated differently after breaking up with a colleague.

  • July 03, 2024

    Atty's COVID Relief Fraud Case Ends After Diversion Program

    A Georgia federal judge has tossed charges against an attorney over a fraudulent scheme involving federal pandemic-relief business loans, granting on Wednesday the government's motion to dismiss after the attorney completed a pretrial diversion program.

  • July 03, 2024

    After Chevron Deference: What Lawyers Need To Know

    This term, the U.S. Supreme Court overturned Chevron deference, a precedent established 40 years ago that said when judges could defer to federal agencies' interpretations of law in rulemaking. Here, catch up with Law360's coverage of what is likely to happen next.

  • July 03, 2024

    Biden's New Picks Include NC Solicitor General For 4th Circ.

    President Joe Biden announced four new judicial nominees on Wednesday, including one for the Fourth Circuit.

  • July 02, 2024

    Labor Dept. Unveils Proposed Extreme Heat Protections

    The U.S. Department of Labor on Tuesday announced proposed new regulations aimed at protecting workers in extreme heat by requiring employers to develop plans for mitigating heat-related hazards in the workplace and responding quickly to emergencies.

  • July 02, 2024

    Gig Co. Inks $7M FTC Deal Over Misleading Pay Promises

    Arise Virtual Solutions Inc., a platform that connects gig workers with companies, on Tuesday agreed to pay $7 million to resolve Federal Trade Commission allegations that it misled workers about the money they could earn working from home as customer service agents for major companies.

  • July 02, 2024

    Ex-Jets Worker Says Team, NFL Stole His Logo Design

    A former New York Jets film and video director claims the team used his logo design off and on for years without his permission or compensating him for its use, according to a suit filed in federal court.

  • July 02, 2024

    IT Workers Say Chevron's End Dooms Spouse Work Permits

    Ex-information technology workers told the D.C. Circuit that the U.S. Supreme Court decision overturning decades-old precedent instructing judges about when they can defer to federal agencies' interpretations of law buoys their challenge to an Obama-era program allowing work permits for some spouses of highly skilled foreign workers.

  • July 02, 2024

    4th Circ. Nixes Black Lung Benefits For American Energy Miner

    The Fourth Circuit on Monday upended an award of black lung benefits to the widow of a miner who worked for American Energy LLC, saying it was the widow's responsibility to prove that coal dust exposure, more than smoking, is what caused his respiratory disease.

  • July 02, 2024

    Northwestern Hires 'Mediocre' Minorities Over Men, Suit Says

    Northwestern University's law school favors hiring women and minority faculty candidates with "mediocre and undistinguished records" over better-credentialed white men, a conservative group claims in a lawsuit filed Tuesday in Chicago federal court, a year after the U.S. Supreme Court struck down affirmative action in higher education admissions.

  • July 02, 2024

    NCAA Escapes USF Baseball Coach Abuse Suit For Now

    An Indiana federal judge on Tuesday dismissed, at least for the time being, a lawsuit filed by University of San Francisco baseball players accusing the NCAA of causing harm by remaining silent about the "rampant" sexual abuse committed by two USF coaches, ruling that there was no contractual relationship between the parties.

  • July 02, 2024

    FilmOn Founder Must Pay $900M In Sexual Battery Verdict

    Alki David, founder of FilmOn and heir to a Coca-Cola bottling fortune already facing more than $80 million in judgments related to sexual battery or sexual assault lawsuits, was ordered by a Los Angeles jury to pay a staggering $900 million to a former employee who accused him of raping her, according to documents posted in the case Tuesday.

  • July 02, 2024

    Contractor Says Chevron Reversal 'Upends' Navy Deal Suit

    A military contractor seeking to undo the U.S. Navy's contract with a competitor for support services at European bases has told the Federal Circuit that the U.S. Supreme Court's recent overturning of the so-called Chevron doctrine "upends" the underlying decision in its suit.

  • July 02, 2024

    Charter Justified Firing Of Lactating Worker, 10th Circ. Says

    A Tenth Circuit panel on Tuesday sided with Charter Communications over an employee who alleged she was fired for seeking reasonable accommodations to pump breast milk at work, with the panel finding Charter supplied a legitimate reason for her termination.

  • July 02, 2024

    Gig Drivers' Union Rights Make It To Mass. Ballot

    Massachusetts voters will decide in November whether to give app-based drivers the right to unionize after supporters of a proposed ballot initiative submitted a batch of signatures to the state Tuesday, the Service Employees International Union announced. 

  • July 02, 2024

    Conn. Justices Send Trade Secrets Row Back To Trial Court

    The Connecticut Supreme Court ordered a "limited" new trial Tuesday in a trade secrets case that pit Dur-A-Flex Inc. against numerous companies tied to research chemist Samet Dy, its former employee, finding error in the lower court's rulings on issues including damages and the enforceability of Dy's noncompete agreement.

  • July 02, 2024

    Mich. Hospital Mounts NLRB Constitutionality Claims In Court

    A Michigan hospital that withdrew recognition from a union urged a federal judge to dismiss a National Labor Relations Board injunction bid against it, arguing the related agency proceeding is unconstitutional because administrative law judges and the board have protections from presidential removal.

  • July 02, 2024

    2nd Circ. Won't Revive Broadway Producer's Blacklisting Suit

    The Second Circuit declined Tuesday to undo the tossing of an antitrust lawsuit brought by a Broadway producer who accused a stage workers union of illegally putting him on a "do not work" list, ruling that the union is shielded from liability since it acted in legitimate self-interest.

  • July 02, 2024

    McKinsey Wants To Arbitrate Ex-Partner's Defamation Suit

    McKinsey & Co. has urged a New York state judge to send to arbitration or dismiss a former partner's defamation lawsuit alleging the consulting giant tried to make him a scapegoat for purported evidence destruction amid a U.S. Department of Justice probe into McKinsey's work with opioid makers.

  • July 02, 2024

    Justices Revive FERC Solar Fight, Citing Chevron Ruling

    The U.S. Supreme Court on Tuesday ordered the D.C. Circuit to rethink its approval of a Federal Energy Regulatory Commission decision granting market benefits for a small-scale solar energy project in Montana following the justices' blockbuster decision upending judicial deference to regulatory agencies.

  • July 02, 2024

    Butterball Must Face NC Worker's Assault Suit In State Court

    The North Carolina Court of Appeals ruled Tuesday that a lawsuit accusing turkey processor Butterball of failing to stop a worker's assault can't be resolved administratively because the injuries didn't occur in the course of the employee's work.

  • July 02, 2024

    Seton Hall Says Ex-Prez's Whistleblower Suit Must Be Axed

    A New Jersey trial court was urged to toss retaliation, sexual harassment and discrimination claims against Seton Hall University and its board of regents by its former president, with the school arguing the whistleblower suit is rife with "gamesmanship," ignoring both case law and the underlying facts.

  • July 02, 2024

    Littler Adds Partner, 4 Associates In Toronto Office

    Littler Mendelson PC has added three attorneys from Sherrard Kuzz LLP to its Toronto office, another attorney from Filion Wakely Thorup Angeletti LLP and a recent articling student to join its employment law-focused firm, according to a Tuesday news release.

  • July 02, 2024

    Metal Co. Can't Narrow EEOC's Race Discrimination Suit

    A metal galvanization company can't cut several workers from a U.S. Equal Employment Opportunity Commission suit claiming it failed to address rampant racist language at its facility, a New York federal judge ruled, rejecting the employer's argument that the employees neglected the company's anti-discrimination policies.

  • July 02, 2024

    DLA Piper Tells Judge Fired Associate Got Proper Discovery

    Counsel for DLA Piper LLP told a Manhattan federal judge on Tuesday the firm has provided responsive information to a former associate who claims she was unlawfully fired while pregnant, adding it is confident her termination was lawful.

Expert Analysis

  • Think Like A Lawyer: Always Be Closing

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    When a lawyer presents their case with the right propulsive structure throughout trial, there is little need for further argument after the close of evidence — and in fact, rehashing it all may test jurors’ patience — so attorneys should consider other strategies for closing arguments, says Luke Andrews at Poole Huffman.

  • Where Anti-Discrimination Law Stands 4 Years After Bostock

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    On the fourth anniversary of the U.S. Supreme Court's landmark Bostock ruling, Evan Parness and Abby Rickeman at Covington take stock of how the decision, which held that Title VII protects employees from discrimination because of their sexual orientation and gender identity, has affected anti-discrimination law at the state and federal levels.

  • Series

    Playing Chess Makes Me A Better Lawyer

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    There are many ways that chess skills translate directly into lawyer skills, but for me, the bigger career lessons go beyond the direct parallels — playing chess has shown me the value of seeing gradual improvement in and focusing deep concentration on a nonwork endeavor, says attorney Steven Fink.

  • Crafting An Effective Workplace AI Policy After DOL Guidance

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    Employers should take proactive steps to minimize their liability risk after the U.S. Department of Labor released artificial intelligence guidance principles on May 16, reflecting the reality that companies must begin putting into place policies that will dictate their expectations for how employees will use AI, say David Disler and Courtnie Bolden at ​​​​​​​Porzio Bromberg.

  • Patent Lessons From 7 Federal Circuit Reversals In May

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    A look at recent cases where the Federal Circuit reversed or vacated decisions by the Patent Trial and Appeal Board or a federal district court provide guidance on how to succeed on appeal by clarifying the obviousness analysis of design patents, the finality of a judgment, and more, say Denise De Mory and Li Guo at Bunsow De Mory.

  • Litigation Inspiration: Attys Can Be Heroic Like Olympians

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    Although litigation won’t earn anyone an Olympic medal in Paris this summer, it can be worthy of the same lasting honor if attorneys exercise focused restraint — seeking both their clients’ interests and those of the court — instead of merely pursuing every advantage short of sanctionable conduct, says Bennett Rawicki at Hilgers Graben.

  • Politics In The Workplace: What Employers Need To Know

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    As the 2024 election approaches and protests continue across the country, employers should be aware of employees' rights — and limits on those rights — related to political speech and activities in the workplace, and be prepared to act proactively to prevent issues before they arise, say attorneys at Littler.

  • Lean Into The 'Great Restoration' To Retain Legal Talent

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    As the “great resignation,” in which employees voluntarily left their jobs in droves, has largely dissipated, legal employers should now work toward the idea of a “great restoration,” adopting strategies to effectively hire, onboard and retain top legal talent, says Molly McGrath at Hiring & Empowering Solutions.

  • What High Court Ruling Means For Sexual Harassment Claims

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    In its recent Smith v. Spizzirri decision, the U.S. Supreme Court held that a district court compelling a case to arbitration is obligated to stay the case rather than dismissing it, but this requirement may result in sexual harassment cases not being heard by appellate courts, says Abe Melamed at Signature Resolution.

  • NCAA Settlement May End The NIL Model As We Know It

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    The recent House v. NCAA settlement in California federal court, in which the NCAA agreed to allow schools to directly pay March Madness television revenue to their athletes, may send outside name, image and likeness collectives in-house, says Mike Ingersoll at Womble Bond.

  • 5 Steps For Gov't Contractor Affirmative Action Verification

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    As the federal contractor affirmative action program certification deadline approaches, government contractors and subcontractors should take steps to determine their program obligations, and ensure any required plans are properly implemented and timely registered, say Christopher Wilkinson at Perkins Coie and Joanna Colosimo at DCI Consulting.

  • Boeing Saga Underscores Need For Ethical Corporate Culture

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    In the wake of recent allegations about Boeing’s safety culture, and amid the U.S. Department of Justice’s new whistleblower incentives, business leaders should reinvigorate their emphasis on compliance by making clear that long-term profitability requires ethical business practices, says Maxwell Carr-Howard at Dentons.

  • New OSHA Memo Helps Clarify Recordkeeping Compliance

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    Based on recent Occupational Safety and Health Administration guidance on whether musculoskeletal disorders are recordable injuries under the agency's recordkeeping regulation, it appears that OSHA may target active release techniques and stretching programs during its inspections, say attorneys at Morgan Lewis.

  • A Closer Look At Feds' Proposed Banker Compensation Rule

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    A recently proposed rule to limit financial institutions' ability to award incentive-based compensation for risk-taking may progress through the rulemaking process slowly due to the sheer number of regulators collaborating on the rule and the number of issues under consideration, say attorneys at Troutman Pepper.

  • Why Jurors Balk At 'I Don't Recall' — And How To Respond

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    Jurors often react negatively to a witness who responds “I don’t remember” because they tend to hold erroneous beliefs about the nature of human memory, but attorneys can adopt a few strategies to mitigate the impact of these biases, say Steve Wood and Ava Hernández at Courtroom Sciences.

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