Employment

  • July 01, 2024

    DOL's Overtime Rule Survives Texas Marketer's Injunction Bid

    A Texas federal judge refused Monday to grant a marketing company's request to block a U.S. Department of Labor rule that raises the salary thresholds for claiming overtime-exemption under federal law, saying the firm failed to show it will be harmed by the new standards.

  • July 01, 2024

    Trucking Co. Inks Deal To End Drivers' OT Collective Action

    A trucking company and a group of drivers have reached a deal in a suit that started in 2020 claiming that workers received a "per-ton" compensation that ignored overtime, a Kentucky federal judge has said.

  • July 01, 2024

    Opera Singer Says Anti-Gay Bias Behind U. Of Michigan Firing

    An opera singer said he was improperly canned from his tenured professorship by the University of Michigan in 2020 after allegations surfaced that he and his husband raped a musician a decade earlier, arguing that he faced harsher punishments and biased proceedings because he is gay.

  • July 01, 2024

    Ex-Calif. Law Firm CFO Charged in $1.2M Embezzlement

    The former chief financial officer of two related San Francisco law firms now faces federal criminal charges that he embezzled at least $1.2 million from the companies, and the government is trying to seize some of his properties.

  • July 01, 2024

    Pegasystems Investors Sue After $2B Trade Secrets Verdict

    A pair of Pegasystems Inc. stockholders are seeking to hold its CEO and other officers liable for lost value following a $2 billion judgment against the company in a trade secrets case, according to a shareholder derivative complaint filed in Massachusetts state court.

  • July 01, 2024

    CNX Says Employee Tried To Patent Its Tech For Himself

    CNX Resources Corp. has filed a trade secret lawsuit in Pennsylvania federal court accusing a former employee of wrongfully using the natural gas company's confidential business information to file patent applications in his own name.

  • July 01, 2024

    Wash. Hospital To Pay $1.4M To End Meal Break Wage Suit

    A Washington hospital agreed to shell out $1.4 million to end a lawsuit claiming employees worked through meal breaks without pay, with a medical coder urging a federal court to sign off on the settlement covering about 1,350 workers.

  • July 01, 2024

    AbbVie Hit With Age, Gender Bias Suit By Former Salesman

    AbbVie Inc. fired a regional sales director as a pretext to avoid paying him for stock options and because of retaliatory complaints by two women who had received poor performance reviews, according to a suit filed in Massachusetts state court.

  • July 01, 2024

    8th Circ. Reverses Sanctions On Ark. Firm Over Fee Award

    The Eighth Circuit has reversed a district court's sanction barring a law firm from participating in Fair Labor Standards Act lawsuits in the Eastern District of Arkansas over reported violations of the rules of civil procedure.

  • July 01, 2024

    DOL Overtime Exemptions Rule 'Likely Unlawful,' Judge Says

    A U.S. Department of Labor rule that took effect Monday and raises the salary thresholds for overtime exemptions won't apply to the state of Texas for now, a Texas federal judge said, finding that the rule "is likely unlawful."

  • July 01, 2024

    Supreme Court Widens Window To Challenge Federal Regs

    Legal challenges to federal regulations can be brought outside the normal statute of limitations if someone isn't adversely affected until after the six-year window of time to file suit, the U.S. Supreme Court ruled Monday.

  • June 28, 2024

    Chevron's End Is Just The Start For Energized Agency Foes

    By knocking down a powerful precedent that has towered over administrative law for 40 years, the U.S. Supreme Court's right wing Friday gave a crowning achievement to anti-agency attorneys. But for those attorneys, the achievement is merely a means to an end, and experts expect a litigation blitzkrieg to materialize quickly in the aftermath.

  • June 28, 2024

    Citi Wants Termination Suit Over Alleged Lies To OCC Tossed

    Citibank has urged a New York federal judge to toss a suit by a former managing director of the bank who claims she was fired for not reporting false information to compliance authorities, arguing that even if her claims are true, she hasn't plausibly alleged a cause of action under the Sarbanes-Oxley Act.

  • June 28, 2024

    In Chevron Case, Justices Trade One Unknown For Another

    The U.S. Supreme Court's decision to overrule a decades-old judicial deference doctrine may cause the "eternal fog of uncertainty" surrounding federal agency actions to dissipate and level the playing field in challenges of government policies, but lawyers warn it raises new questions over what rules courts must follow and how judges will implement them.

  • June 28, 2024

    Employment Authority: The DOL Under Project 2025

    Law360 Employment Authority covers the biggest employment cases and trends. Catch up this week with coverage on how an architect of a conservative think tank's plan for "the next conservative administration" believes the vision will shape the U.S. Department of Labor, why experts say diversity initiatives are bouncing back after taking a hit following the U.S. Supreme Court's ruling on affirmative action and why the nomination of President Biden's National Labor Relations Board chair is facing angst from management advocates as the election approaches.

  • June 28, 2024

    PAGA Reforms Clear Calif. Assembly, Head To Newsom's Desk

    California legislators in both the Senate and Assembly overwhelmingly backed big changes to California's Private Attorneys General Act, including an adjustment to how penalties are assessed to employers and awarded to employees, sending the package to Gov. Gavin Newsom's desk.

  • June 28, 2024

    Texas Justices Back Union Leave Clause's Constitutionality

    A clause in a firefighters union's collective bargaining agreement that permits taking paid leave for negotiations does not violate the Lone Star state's constitution, the Texas Supreme Court ruled Friday while reversing an award of attorney fees and sanctions against some of the plaintiffs.

  • June 28, 2024

    Knicks-Raptors Clash Belongs In Arbitration, Judge Rules

    The dispute between the New York Knicks and Toronto Raptors over an employee jumping from one franchise to another belongs in arbitration before the NBA commissioner, a Manhattan federal judge ruled on Friday, calling the Knicks' efforts to keep it in court instead "an airball.''

  • June 28, 2024

    Bitcoin Device Seller Sues Ex-CEO, Alleging $5.3M Fraud

    A California-based crypto mining-farm builder and equipment seller has sued its former CEO in California federal court, alleging that he embezzled roughly $5.3 million, leading to the company's failure to pay multiple vendors in a timely manner.

  • June 28, 2024

    4th Circ. Backs Bank's Win In Black Worker's Bias Suit

    The Fourth Circuit on Friday declined to reinstate a lawsuit that a Black former manager brought against a bank accusing it of firing her because she complained about racial bias, saying she failed to rebut the company's argument that she was let go because of her poor performance.

  • June 28, 2024

    Fired BlueCross Worker Gets $680K Jury Win In Vax Bias Suit

    A Tennessee federal jury awarded a former BlueCross BlueShield employee more than $680,000 after it found the insurance company failed to accommodate her when she was fired for refusing its COVID-19 vaccination mandate because of her religious convictions.

  • June 28, 2024

    Northwestern Releases Paul Weiss Report On Hazing Review

    Northwestern University has made public a long-awaited report by former U.S. attorney general and current Paul Weiss Rifkind Wharton & Garrison LLP partner Loretta Lynch finding weaknesses in the school's systems and culture.

  • June 28, 2024

    Co. Cites High Court's SEC Ruling To Fight Labor Board Case

    Claims that an oil pipeline operator wrongfully fired an employee should go before a jury, not the National Labor Relations Board, the company argued in a new lawsuit in Texas federal court, citing the U.S. Supreme Court's rebuke of the U.S. Securities and Exchange Commission's in-house court.

  • June 28, 2024

    NYC Realty Co. Defeats Most Of Building Super's Wage Claims

    A New York realty group secured early wins on all but one of a building superintendent's wage claims, with a New York federal judge ruling Friday the worker had provided scant evidence in support, but the group must face claims related to wage deficits caused by a time clock malfunction.

  • June 28, 2024

    Uber Driver Axes Coverage Claims Against Co.'s Insurer

    An Uber driver agreed to dismiss his claims against an insurer for Uber after he filed a suit in Massachusetts federal court accusing it and the ride-hailing company of wrongly refusing to offer him underinsured motorist coverage after he said he was severely injured in an accident.

Expert Analysis

  • How Echoing Techniques Can Derail Witnesses At Deposition

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    Before depositions, defense attorneys must prepare witnesses to recognize covert echoing techniques that may be used by opposing counsel to lower their defenses and elicit sensitive information — potentially leading to nuclear settlements and verdicts, say Bill Kanasky and Steve Wood at Courtroom Sciences.

  • 6 Ways To Minimize Risk, Remain Respectful During Layoffs

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    With a recent Resume Builder survey finding that 38% of companies expect to lay off employees this year, now is a good time for employers to review several strategies that can help mitigate legal risks and maintain compassion in the reduction-in-force process, says Sahara Pynes at Fox Rothschild.

  • 7 Common Myths About Lateral Partner Moves

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    As lateral recruiting remains a key factor for law firm growth, partners considering a lateral move should be aware of a few commonly held myths — some of which contain a kernel of truth, and some of which are flat out wrong, says Dave Maurer at Major Lindsey.

  • NYC Workplace AI Regulation Has Been Largely Insignificant

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    Though a Cornell University study suggests that a New York City law intended to regulate artificial intelligence in the workplace has had an underwhelming impact, the law may still help shape the city's future AI regulation efforts, say Reid Skibell and Nathan Ades at Glenn Agre.

  • Series

    Cheering In The NFL Makes Me A Better Lawyer

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    Balancing my time between a BigLaw career and my role as an NFL cheerleader has taught me that pursuing your passions outside of work is not a distraction, but rather an opportunity to harness important skills that can positively affect how you approach work and view success in your career, says Rachel Schuster at Sheppard Mullin.

  • Args In APA Case Amplify Justices' Focus On Agency Power

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    In arguments last week in Corner Post v. Federal Reserve, the U.S. Supreme Court justices paid particular importance to the possible ripple effects of their decision, which will address when a facial challenge to long-standing federal rules under the Administrative Procedure Act first accrues and could thus unleash a flood of new lawsuits, say attorneys at Snell & Wilmer.

  • Mitigating Whistleblower Risks After High Court UBS Ruling

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    While it is always good practice for companies to periodically review whistleblower trainings, policies and procedures, the U.S. Supreme Court’s recent whistleblower-friendly ruling in Murray v. UBS Securities helps demonstrate their importance in reducing litigation risk, say attorneys at Arnold & Porter.

  • Using Arbitration And Class Waivers As Privacy Suit Tools

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    Amid a surge in data breach class actions over the last few years, several federal court decisions indicate that arbitration clauses and class action waiver provisions can be possible alternatives to public court battles and potentially reduce the costs of privacy litigation, say Mark Olthoff and Courtney Klaus at Polsinelli.

  • Future Not Looking Bright For Calif. Employee Nonsolicits

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    California's new legislation imposing potentially harsh consequences on employers for attempting to enforce noncompetes raises questions about the fate of employee nonsolicitation agreements — and both federal and state court decisions suggest the days of the latter may be numbered, say Anthony Oncidi and Philippe Lebel at Proskauer.

  • 6 Pointers For Attys To Build Trust, Credibility On Social Media

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    In an era of information overload, attorneys can use social media strategically — from making infographics to leveraging targeted advertising — to cut through the noise and establish a reputation among current and potential clients, says Marly Broudie at SocialEyes Communications.

  • Del. Ruling Stands Out In Thorny Noncompete Landscape

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    In Cantor Fitzgerald v. Ainslie, the Delaware Supreme Court last month upheld the enforceability of forfeiture-for-competition provisions in limited partnership agreements, providing a noteworthy opinion amid a time of increasing disfavor toward noncompetes and following a string of Chancery Court rulings deeming them unreasonable, say Margaret Butler and Steven Goldberg at BakerHostetler.

  • Class Actions At The Circuit Courts: February Lessons

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    In this month's review of class action appeals, Mitchell Engel at Shook Hardy discusses five notable circuit court decisions on topics from property taxes to veteran's rights — and provides key takeaways for counsel on issues including class representative intervention, wage-and-hour dispute evidence and ascertainability requirements.

  • A Post-Mortem Analysis Of Stroock's Demise

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    After the dissolution of 147-year-old firm Stroock late last year shook up the legal world, a post-mortem analysis of the data reveals a long list of warning signs preceding the firm’s collapse — and provides some insight into how other firms might avoid the same disastrous fate, says Craig Savitzky at Leopard Solutions.

  • Reassessing Trade Secrets Amid Proposed Noncompete Ban

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    The Federal Trade Commission's proposed ban on noncompete agreements as well as state bans make it prudent for businesses to reevaluate and reinvigorate approaches to trade secret protection, including knowing what information employees are providing to vendors, and making sure confidentiality agreements are put in place before information is shared, says Rob Jensen at Wolf Greenfield.

  • NYC Cos. Must Prepare For Increased Sick Leave Liability

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    A recent amendment to New York City's sick leave law authorizes employees for the first time to sue their employers for violations — so employers should ensure their policies and practices are compliant now to avoid the crosshairs of litigation once the law takes effect in March, says Melissa Camire at Fisher Phillips.

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