Employment

  • November 13, 2024

    Paralegal Says She's Owed For Work On Stuart Scott Estate

    A former paralegal at the disbanded Hartford, Connecticut-based firm Rome McGuigan PC claims in a recently filed suit that she is owed $50,000 for work she performed while the firm represented the estate of legendary ESPN anchor Stuart Scott.

  • November 13, 2024

    Connecticut Atty Frees AAA From Firm Break-Up Spat

    Connecticut attorney Andrew P. Garza has removed the American Arbitration Association as a defendant from a lawsuit seeking to block his former 50-50 partner Ryan C. McKeen from arbitrating a dispute about their law firm's breakup, according to a withdrawal notice filed Tuesday in state court.

  • November 13, 2024

    NY Suit Co. Says Union Fund Can't Bypass Trial In Debt Fight

    A Rochester, New York, suit manufacturer shouldn't have to pay $6.2 million to a union healthcare fund before standing trial on claims that it defrauded the fund and violated federal benefits law, the manufacturer told a federal judge.

  • November 13, 2024

    Kohl's Accused Of Cheating Calif. Workers Out Of OT, Breaks

    Department store chain Kohl's engaged in a series of wage and hour violations in California, including failing to pay overtime to nonexempt employees and failing to provide meal and rest breaks, a worker told a state court.

  • November 13, 2024

    NLRB Outlaws Captive Audience Meetings

    The National Labor Relations Board issued an eagerly awaited decision Wednesday curbing a go-to tactic for employers battling union drives, holding that so-called captive audience meetings violate federal labor law. 

  • November 13, 2024

    Feds Want 2 Years' Jail For Biz Owner In $2.8M Tax Scheme

    A construction company owner who paid workers off the books by pretending they were subcontractors, even after one of them died, should serve two years in prison and pay $2.8 million in restitution to the Internal Revenue Service for the tax loss, prosecutors told a Massachusetts federal court.

  • November 13, 2024

    MVP: Duane Morris' Gerald L. Maatman Jr.

    Gerald L. Maatman Jr. of Duane Morris LLP has helped his clients fend off potentially catastrophic exposures, including a suit alleging Geico misclassified thousands of insurance agents, by utilizing defense strategies to gut the claims before courts were able to assess the merits of the case, earning him a spot as one of the 2024 Law360 Employment MVPs.

  • November 13, 2024

    Gibson Dunn 'Titan,' Ex-Solicitor General Theodore Olson Dies

    Theodore B. Olson, the founder of Gibson Dunn & Crutcher LLP's appellate and constitutional law practice group and a former U.S. solicitor general, died Wednesday, the law firm announced.

  • November 12, 2024

    Trump Taps Elon Musk To Head New 'Gov't Efficiency' Dept.

    President-elect Donald Trump announced Tuesday that billionaire Elon Musk and former presidential candidate Vivek Ramaswamy will lead a newly created "Department in Government Efficiency" for his administration come January.

  • November 12, 2024

    Sephora Again Loses Bid To Toss Ex-Workers' Late Pay Suit

    A New York federal judge on Tuesday stood by his decision denying Sephora's motion to dismiss a proposed class action accusing it of not paying employees every week, rejecting the company's contention that he used an incorrect standard of review when departing from a federal magistrate judge's recommendation to toss the case.

  • November 12, 2024

    Merrill Lynch Disfavors Black And Female Advisers, Suit Says

    Two longtime Merrill Lynch financial advisers have filed a proposed class action against Bank of America and its subsidiary Merrill Lynch alleging the firms' policies systematically discriminate against African American and female advisers by favoring white male colleagues in teaming and account distribution practices.

  • November 12, 2024

    Judge Notes 'Serious Issue' In Fired Firm Worker's Appeal

    The outcome of a fired Whitman Breed Abbott & Morgan LLC legal assistant's appeal of her loss in a disability discrimination suit may hinge on whether there is a genuine dispute about the demands of the job, a Connecticut judge signaled Tuesday. The judge noted a "substantial" disagreement about whether the position was supposed to be a hybrid of remote and in-person.

  • November 12, 2024

    SkyWest Had 'Lewd, Crude' Work Environment, Jury Hears

    SkyWest Airlines enabled a workplace that was hostile to women, a jury heard during opening arguments Tuesday, driving a woman who worked at the company to consider suicide in the face of unrelenting sexual assault jokes and supervisors who didn't take her concerns seriously.

  • November 12, 2024

    Genasys Reaches Deal With Ex-Workers In Trade Secrets Case

    Genasys Inc. has agreed to settle a suit against two former employees it accused of stealing trade secrets to form a competing business, saying they have reached a provisional deal.

  • November 12, 2024

    Spa Worker's Claim Against Cruise Line Heads To Arbitration

    A Florida federal judge on Tuesday punted on deciding if Norwegian Cruise Line could push claims brought by a ship worker into Bahamian arbitration despite not actually being a signatory of that contract, opting to allow the parties to take the dispute into mediation.

  • November 12, 2024

    5th Circ. Backs Dismissal Of Black Tech's Race Bias Suit

    The Fifth Circuit rejected a Black worker's bid to revive his suit claiming his pay was cut by a construction and maintenance services company because of his race, ruling his case is devoid of detail that would allow a court to find that bias plagued his employment.

  • November 12, 2024

    University Of Washington Scores Worker Vax Suit Dismissal

    A Washington federal judge has thrown out a lawsuit by a group of healthcare workers who alleged the University of Washington denied their religious exemptions from a COVID-19 vaccination requirement, saying the university was justified in firing the workers to prevent patients and employees from being exposed to the virus.

  • November 12, 2024

    American Airlines Escapes Pandemic Early Retirement Suit

    A Texas federal court on Tuesday agreed to permanently toss a group of flight attendants' suit against American Airlines Inc. alleging they were misled into taking a less favorable retirement package during the height of the COVID-19 pandemic, finding a suit dismissed earlier over the same conduct bars their claims. 

  • November 12, 2024

    6th Circ. Must Revive Pension Data Suit, Kellogg Retirees Say

    A group of married Kellogg retirees asked the Sixth Circuit to revive claims that they received less value for their money than single retirees when collecting pensions, saying Kellogg uses outdated data when converting pensions from single-life annuity form.

  • November 12, 2024

    Two Ga. Companies Hit With Data Breach Class Actions

    Two Georgia companies were sued in federal court on Friday over their alleged failure to safeguard the personally identifiable information of thousands in data breaches that occurred earlier this year.

  • November 12, 2024

    Wash. Labor Dept. Wants Out Of Union's Farm Wage Claims

    The Washington Employment Security Department wants to escape a farmworker union's Administrative Procedure Act challenge to the U.S. Department of Labor's prevailing wage rules in federal court, saying that the law isn't applicable to state agencies.

  • November 12, 2024

    NLRB Constitutionality Arguments Meet Skeptical 2nd Circ.

    The Second Circuit was skeptical Tuesday of a nursing home's arguments that a National Labor Relations Board case against it should be blocked because of constitutional issues with the agency's judges, with an appellate panel questioning whether the company showed it is harmed by the alleged defects.

  • November 12, 2024

    Ga. Health Board Fired Worker For Reporting Bias, Suit Says

    The Fulton County Board of Health has been sued in Georgia federal court by a white former employee who alleges she was suspended from her job and then fired for reporting racial discrimination.

  • November 12, 2024

    Amazon Harassing Drivers Via Discovery Demand, Court Told

    Amazon is harassing delivery drivers with an overly broad request for documents, including a decade's worth of tax returns and cellphone records, and its request should be tailored to reflect that many claims in an 8-year-old lawsuit were recently nixed, the workers told a Washington federal court.

  • November 12, 2024

    Navajo Co. Says Paralegal Blocking Return Of Privileged Docs

    A Navajo Nation natural resources company is suing a former paralegal in Colorado state court to enforce a settlement requiring the return of confidential documents that she allegedly emailed to herself, accusing the paralegal of "erecting unreasonable roadblocks" to their agreement.

Expert Analysis

  • Series

    Solving Puzzles Makes Me A Better Lawyer

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    Tackling daily puzzles — like Wordle, KenKen and Connections — has bolstered my intellectual property litigation practice by helping me to exercise different mental skills, acknowledge minor but important details, and build and reinforce good habits, says Roy Wepner at Kaplan Breyer.

  • Colo. Ruling Adopts 'Actual Discharge' Test For The First Time

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    After a Colorado court’s recent decision in Potts v. Gaia Children, adopting for the first time a test for evaluating an actual discharge claim, employers must diligently document the circumstances surrounding termination of employment, and exercise particular caution when texting employees, says Michael Laszlo at Clark Hill.

  • Texas Ethics Opinion Flags Hazards Of Unauthorized Practice

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    The Texas Professional Ethics Committee's recently issued proposed opinion finding that in-house counsel providing legal services to the company's clients constitutes the unauthorized practice of law is a valuable clarification given that a UPL violation — a misdemeanor in most states — carries high stakes, say Hilary Gerzhoy and Julienne Pasichow at HWG.

  • Series

    After Chevron: Good News For Gov't Contractors In Litigation

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    The net result of the U.S. Supreme Court's decision overturning Chevron deference is that individuals, contractors and companies bringing procurement-related cases against the government will have new pathways toward success, say Joseph Berger and Andrés Vera at Thompson Hine.

  • In Memoriam: The Modern Administrative State

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    On June 28, the modern administrative state, where courts deferred to agency interpretations of ambiguous statutes, died when the U.S. Supreme Court overruled its previous decision in Chevron v. Natural Resources Defense Council — but it is survived by many cases decided under the Chevron framework, say Joseph Schaeffer and Jessica Deyoe at Babst Calland.

  • Opinion

    It's Time For Nationwide Race-Based Hair Protections

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    While 24 states have passed laws that prohibit race-based hair discrimination, this type of bias persists in workplaces and schools, so a robust federal law is necessary to ensure widespread protection, says Samone Ijoma and Erica Roberts at Sanford Heisler.

  • Series

    After Chevron: EEOC Status Quo Will Likely Continue

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    As the legal landscape adjusts to the end of Chevron deference, the U.S. Equal Employment Opportunity Commission’s rulemaking authority isn’t likely to shift as much as some other employment-related agencies, says Paige Lyle at FordHarrison.

  • How High Court Approached Time Limit On Reg Challenges

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    The U.S. Supreme Court's decision in Corner Post v. Federal Reserve Board effectively gives new entities their own personal statute of limitations to challenge rules and regulations, and Justice Brett Kavanaugh's concurrence may portend the court's view that those entities do not need to be directly regulated, say attorneys at Snell & Wilmer.

  • Series

    After Chevron: FTC's 'Unfair Competition' Actions In Jeopardy

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    While the U.S. Supreme Court's decision ending Chevron deference will have limited effect on the Federal Trade Commission's merger guidelines, administrative enforcement actions and commission decisions on appeal, it could restrict the agency's expansive take on its rulemaking authority and threaten the noncompete ban, say attorneys at Baker Botts.

  • How To Clean Up Your Generative AI-Produced Legal Drafts

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    As law firms increasingly rely on generative artificial intelligence tools to produce legal text, attorneys should be on guard for the overuse of cohesive devices in initial drafts, and consider a few editing pointers to clean up AI’s repetitive and choppy outputs, says Ivy Grey at WordRake.

  • Series

    After Chevron: Various Paths For Labor And Employment Law

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    Labor and employment law leans heavily on federal agency guidance, so the U.S. Supreme Court’s decision to toss out Chevron deference will ripple through this area, with future workplace policies possibly taking shape through strategic litigation, informal guidance, state-level regulation and more, says Alexander MacDonald at Littler.

  • Series

    Boxing Makes Me A Better Lawyer

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    Boxing has influenced my legal work by enabling me to confidently hone the skills I've learned from the sport, like the ability to remain calm under pressure, evaluate an opponent's weaknesses and recognize when to seize an important opportunity, says Kirsten Soto at Clyde & Co.

  • Opinion

    Industry Self-Regulation Will Shine Post-Chevron

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    The U.S. Supreme Court's Loper decision will shape the contours of industry self-regulation in the years to come, providing opportunities for this often-misunderstood practice, says Eric Reicin at BBB National Programs.

  • 3 Ways Agencies Will Keep Making Law After Chevron

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    The U.S. Supreme Court clearly thinks it has done something big in overturning the Chevron precedent that had given deference to agencies' statutory interpretations, but regulated parties have to consider how agencies retain significant power to shape the law and its meaning, say attorneys at K&L Gates.

  • Roundup

    After Chevron

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    Since the U.S. Supreme Court overturned the Chevron deference standard in June, this Expert Analysis series has featured attorneys discussing the potential impact across 36 different rulemaking and litigation areas.

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