Employment

  • 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.

  • November 12, 2024

    10th Circ. Backs Arbitration Denial In Distributor's OT Suit

    The Tenth Circuit declined Tuesday to disturb a ruling that a baking company can't boot to arbitration a distributor's lawsuit alleging he was denied overtime pay, finding the worker is exempt from arbitration because he's engaged in interstate commerce even though he doesn't cross state lines.

  • November 12, 2024

    Trial Consultant Agrees To Keep Ex-Employer's Biz Info Secret

    An ex-employee for jury analysis firm Jury-X has agreed to avoid using the company's confidential information while its trade secrets lawsuit unfolds, according to a stipulation filed Tuesday in North Carolina federal court.

  • November 12, 2024

    3rd Circ. Says County Not Liable For Accused Harassers' Acts

    The Third Circuit refused to give a Delaware county worker a second shot at his suit claiming one male colleague targeted him with homophobic and racist harassment and another sexually assaulted him, saying the worker didn't do enough to put the company on notice that it needed to intervene.

  • November 12, 2024

    NY Costco Junior Managers' Wage Statement Claim Tossed

    Three junior Costco managers' declarations contradicted their proposed collective action claiming that the retail company's wage statements didn't allow them to determine whether they worked overtime, a New York federal judge ruled, trimming their suit.

  • November 12, 2024

    Justices Deny Nurse's Challenge To Labor Preemption

    The U.S. Supreme Court turned away a California nurse's challenge to a state court decision rejecting an unfair firing suit Tuesday, declining to take another pass at what sort of labor-related suits plaintiffs may bring in court.

  • November 12, 2024

    MVP: deRubertis Law's David M. deRubertis

    Worker-side lawyer David deRubertis, who runs his own firm, says he has helped workers win $526 million in damages from their employers in the past two years alone, earning him a spot as one of the 2024 Law360 Employment MVPs.

  • November 12, 2024

    TikTok Refused To Pay Sales Reps Overtime, Court Told

    TikTok misclassified its inside sales representatives as overtime-exempt and declined to pay them overtime wages despite their often clocking in far more than 40 hours per week, two former employees told a California federal court.

  • November 12, 2024

    High Court Turns Away Fired Cop's Race Discrimination Suit

    The U.S. Supreme Court refused Tuesday to review a Black police officer's suit alleging a New York town unlawfully fired her after she hurt her back, leaving in place the Second Circuit's determination that she lacked evidence of white men being treated better.

  • November 08, 2024

    Combs Suggests $50M Bail As He Loses Bid For Gag Order

    Sean "Diddy" Combs on Friday again asked a New York federal court to release him ahead of his trial, suggesting an updated, "far more robust" $50 million bail package the same day the court rejected the hip-hop mogul's push for a gag order forbidding his sexual assault accusers from speaking out.

  • November 08, 2024

    NJ Ethics Board Escapes Contempt Bid In Retaliation Fight

    A New Jersey judge Friday denied a former state health official's bid to hold a Garden State ethics agency in contempt over stalled discovery in his wrongful termination suit, ruling there was no basis for the court to conclude there was any type of willful conduct to not comply with a discovery order.

  • November 08, 2024

    BCBS Hit With $12.7M Verdict In Worker's Vax Mandate Suit

    A Michigan federal jury on Friday awarded $12.69 million to a former Blue Cross Blue Shield of Michigan employee who said she was fired after her employer failed to accommodate her religious beliefs, which she said prevented her from getting the COVID-19 vaccine.

  • November 08, 2024

    Employment Authority: How Trump's Win May Impact NLRB

    Law360 Employment Authority covers the biggest employment cases and trends. Catch up this week with coverage of how President-elect Donald Trump's second term could affect the National Labor Relations Board, lead to limits on workplace diversity, equity and inclusion programs and cause shifts in wage-and-hour policies that favor employers.

  • November 08, 2024

    Off The Bench: Mo. Betting, NCAA Budges, New Ohtani Drama

    In this week's Off The Bench, Missouri becomes the latest state to legalize sports betting, an antitrust class action forces more changes to the NCAA's eligibility rules, and Shohei Ohtani's historic season spurs another memorabilia lawsuit.

  • November 08, 2024

    Ill. Judge Sends Abbott Safety Gear OT Suit To Ohio

    Two Abbott Laboratories employees accusing the company of illegally failing to pay them for sanitary gear changes shouldn't litigate their claims in Chicago but rather Ohio, where a similar lawsuit they were previously part of is pending, an Illinois federal judge said.

  • November 08, 2024

    Ill. AG Strikes $11M Deal With DoorDash Over Driver Tips

    DoorDash has agreed to pay $11.25 million to resolve a lawsuit accusing it of violating Illinois consumer protection law by misrepresenting to its users that drivers would keep 100% of their tips, according to a consent decree reached with the state.

  • November 08, 2024

    Ex-Elanco IP Lawyer Lodges Gender Discrimination Suit

    A female former in-house intellectual property lawyer at Elanco Animal Health Inc. sued the pharmaceutical company for gender discrimination in Indiana federal court, alleging she was passed over for a promotion in favor of a less qualified man who later mistreated the women on staff.

  • November 08, 2024

    NYC Water Worker Alleges Retaliation For Off-Duty Pot Use

    A municipal water treatment worker has filed a discrimination lawsuit against the New York City Department of Environmental Protection claiming he was wrongly punished for his legal off-duty use of cannabis and wrongly terminated for refusing to take a drug test when he was actually suffering a medical emergency.

  • November 08, 2024

    Pot Co. Employees Accuse Billionaire Owner Of Fraud

    Former executives of troubled medical marijuana startup Parallel are suing its former CEO and heir to the Wrigley gum fortune, claiming the billionaire paid them in "worthless" shares that he overvalued, resulting in tax bills they can't afford.

  • November 08, 2024

    NC Forest Service Workers Defend OT Wage Suit Win

    A group of state foresters urged the North Carolina Court of Appeals to affirm a trial court order requiring they be paid overtime for work combating forest fires, saying state agencies clearly agreed to compensate them at a rate of time-and-a-half of their regular pay under a reimbursement deal with the federal government.

  • November 08, 2024

    Ga. Man Says City Was Quick To Fire Him For Being 'Slow'

    A 20-year employee of Roswell, Georgia, hit the Atlanta-area city with a disability discrimination lawsuit Thursday, claiming it fired him rather than accommodate his known cognitive disabilities aggravated by a workplace injury two decades earlier.

Expert Analysis

  • Mental Health First Aid: A Brief Primer For Attorneys

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    Amid a growing body of research finding that attorneys face higher rates of mental illness than the general population, firms should consider setting up mental health first aid training programs to help lawyers assess mental health challenges in their colleagues and intervene with compassion, say psychologists Shawn Healy and Tracey Meyers.

  • Licensing And Protections For Voice Actors In The Age Of AI

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    While two recently enacted California laws and other recent state and federal legislation largely focus on protecting actors and musicians from the unauthorized use of their digital likenesses by generative artificial intelligence systems, the lesser-known community of professional voice actors also stands to benefit, says attorney Scott Mortman.

  • How The Tide Of EEOC Litigation Rolled Back In FY 2024

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    An analysis of the location, timing and underlying claims asserted in U.S. Equal Employment Opportunity Commission-initiated cases during fiscal year 2024 shows that the commission saw a substantial decrease in litigation activity after a surge last year, but employers should not drop their guard, say Christopher DeGroff and Andrew Scroggins at Seyfarth.

  • Series

    Collecting Art Makes Me A Better Lawyer

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    The therapeutic aspects of appreciating and collecting art improve my legal practice by enhancing my observation skills, empathy, creativity and cultural awareness, says attorney Michael McCready.

  • Using Primacy And Recency Effects In Opening Statements

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    By understanding and strategically employing the primacy and recency effects in opening statements, attorneys can significantly enhance their persuasive impact, ensuring that their narrative is both compelling and memorable from the outset, says Bill Kanasky at Courtroom Sciences.

  • Secret Service Failures Offer Lessons For Private Sector GCs

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    The Secret Service’s problematic response to two assassination attempts against former President Donald Trump this summer provides a crash course for general counsel on how not to handle crisis communications, says Keith Nahigian at Nahigian Strategies.

  • A Primer On Navigating The Conrad 30 Immigration Program

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    As the Conrad 30 program opens its annual window to help place immigrant physicians in medically underserved areas, employers and physicians engaged in the process must carefully understand the program's nuanced requirements, say Andrew Desposito and Greg Berk at Sheppard Mullin.

  • How Cos. Can Protect Supply Chains During The Port Strike

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    With dock workers at ports along the East and Gulf Coasts launching a strike that will likely cause severe supply chain disruptions, there are several steps exporters and importers can take to protect their businesses and mitigate increased costs, say attorneys at Thompson Hine.

  • Litigation Inspiration: Honoring Your Learned Profession

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    About 30,000 people who took the bar exam in July will learn they passed this fall, marking a fitting time for all attorneys to remember that they are members in a specialty club of learned professionals — and the more they can keep this in mind, the more benefits they will see, says Bennett Rawicki at Hilgers Graben.

  • 4 Ways To Prepare For DOD Cyber Certification Rule

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    Given the U.S. Department of Justice's increased scrutiny of contractor compliance with cybersecurity requirements, it is critical that contractors take certain steps now in response to the U.S. Department of Defense's proposed Cybersecurity Maturity Model Certification implementation rule, say Townsend Bourne and Lillia Damalouji at Sheppard Mullin.

  • Opinion

    AI May Limit Key Learning Opportunities For Young Attorneys

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    The thing that’s so powerful about artificial intelligence is also what’s most scary about it — its ability to detect patterns may curtail young attorneys’ chance to practice the lower-level work of managing cases, preventing them from ever honing the pattern recognition skills that undergird creative lawyering, says Sarah Murray at Trialcraft.

  • Key Takeaways From DOJ's New Corp. Compliance Guidance

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    The U.S. Department of Justice’s updated guidance to federal prosecutors on evaluating corporate compliance programs addresses how entities manage new technology-related risks and expands on preexisting policies, providing key insights for companies about increasing regulatory expectations, say attorneys at Debevoise.

  • The Key Changes In Revised FDIC Hiring Regulations

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    Attorneys at Ogletree break down the Federal Deposit Insurance Corp.'s new rule, effective Oct. 1, that will ease restrictions on financial institutions hiring employees with criminal histories, amend the FDIC's treatment of minor offenses and clarify its stance on expunged or dismissed criminal records.

  • Class Actions At The Circuit Courts: September Lessons

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    In this month's review of class action appeals, Mitchell Engel at Shook Hardy identifies practice tips from four recent class certification rulings involving denial of Medicare reimbursements, automobile insurance disputes, veterans' rights and automobile defects.

  • How Lucia, Jarkesy Could Affect Grocery Merger Challenge

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    While the Federal Trade Commission is taking a dual federal court and administrative tribunal approach to block Kroger's merger with Alberstons, Kroger's long-shot unconstitutionality claims could potentially lead to a reevaluation of the FTC's reliance on administrative processes in complex merger cases, say attorneys at Saul Ewing.

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