Employment

  • December 10, 2024

    AFL-CIO Backs DOL In Effort To Keep H-2A Labor Rule Alive

    The AFL-CIO on Tuesday backed the U.S. Department of Labor's efforts to toss a suit in North Carolina federal court challenging the department's final rule protecting union-related activities for agricultural workers on seasonal H-2A visas, saying that it doesn't violate federal labor law.

  • December 10, 2024

    Insurer Eyes Dismissal Of Pot Co. Trulieve's Coverage Case

    An insurance company that is a unit of Berkshire Hathaway is arguing that it has no obligation to defend Trulieve Inc., which is being sued over a cannabis worker's death, urging a federal judge to toss the lawsuit brought by the largest medical marijuana operator in Florida.

  • December 10, 2024

    Split 9th Circ. Won't Revive Tesla Worker's Whistleblower Suit

    A split Ninth Circuit refused to revive a terminated Tesla worker's Sarbanes-Oxley whistleblower claim alleging he was retaliated against for reporting unlawful activity, ruling on Tuesday the worker is precluded from re-litigating in district court whether he engaged in protected activity, since an arbitrator already decided that he did not.

  • December 10, 2024

    Ex-CEO Argues Arbitrator's Failure To Disclose Sinks Award

    A former CEO of Canadian biopharmaceutical company FSD Pharma Inc. who sued after he was terminated is urging the Third Circuit to reverse a lower court's decision confirming an unfavorable Canadian arbitral award, asserting the arbitrator concealed an extensive prior relationship with the company.

  • December 10, 2024

    9th Circ. Judge Criticizes SF's 'Arbitrary' COVID Vax Mandate

    A Ninth Circuit panel doubted Tuesday whether a district judge followed the appellate panel's prior order requiring him to reconsider ex-San Francisco public employees' injunction bid in their civil rights case challenging the city's COVID-19 vaccination mandate, with one judge criticizing the city's since-expired worker vax mandate as "arbitrary."

  • December 10, 2024

    6th Circ. Judges Doubt Engineers' Claims Avoid Labor Act

    Sixth Circuit judges on Tuesday sounded skeptical that a group of auto engineers' claims over a bribery scheme between the United Auto Workers union and Fiat Chrysler, which the engineers allege negatively affected their employment, wouldn't be based on their collective bargaining agreement and thus preempted by federal labor law.

  • December 10, 2024

    Biz Owner In $2.8M Worker Tax Scheme Gets 18 Months

    A construction company owner who failed to pay $2.8 million in employment taxes by falsely claiming his workers were subcontractors was sentenced to 18 months in prison Tuesday and ordered to pay full restitution, according to Massachusetts federal court documents.

  • December 10, 2024

    NJ Panel Revives Union's Suit Over Sick Leave Policies

    A New Jersey appeals court upended Jersey City's win in a firefighters union's lawsuit challenging two city policies pertaining to sick leave, finding Tuesday the union put forward enough information to defeat the city's dismissal bid.

  • December 10, 2024

    'Figurehead Plaintiff' Dooms Cert. In Hotel Workers' BIPA Suit

    An Illinois federal judge refused Tuesday to certify a class of hotel workers accusing software provider Unifocus of violating Illinois' landmark biometric privacy law, saying their class representative had become a "forbidden figurehead plaintiff" who didn't see the operative complaint until more than three years into the litigation.

  • December 10, 2024

    9th Circ. OKs Dues Language In Allegiant Union Contract

    Allegiant Air and a Transport Workers Union local can keep their victory over a challenge to the dues provision of their collective bargaining agreement, the Ninth Circuit ruled Tuesday, upholding a California federal judge's ruling that the provision's language is legal under the Railway Labor Act.

  • December 10, 2024

    DHS Makes Automatic Work Permit Extensions Permanent

    The U.S. Department of Homeland Security said Tuesday it's permanently increasing the automatic extension period for expiring work authorization to 540 days, giving a boost to eligible immigrant workers who may otherwise confront a lapse in their permission to work.

  • December 10, 2024

    Labcorp Accuses Ex-Sales Exec Of Stealing Customers

    Laboratory Corp. of America Holdings took its former sales marketing executive to North Carolina federal court, along with his new employer, claiming that the worker has been violating his noncompete and nonsolicitation agreements by poaching Labcorp's customers and using its confidential information against it.

  • December 10, 2024

    NJ Atty Hits Law Firm With Pregnancy Bias, Retaliation Suit

    A New Jersey lawyer has been hit with pregnancy discrimination and whistleblower claims by a former attorney at his firm who alleges that she was punished after announcing her pregnancy and for reporting what she believed to be fraudulent billing practices.

  • December 10, 2024

    Diddy's Antagonist, Atty Buzbee, Accused Of Bilking Seaman

    Houston personal injury lawyer Tony Buzbee — known lately for bringing sexual assault lawsuits against music mogul Sean "Diddy" Combs — didn't bring the "glitz and bravado" of his high profile law practice to his representation of an injured Louisiana seaman, according to a new federal lawsuit accusing Buzbee and his firm of fraud.

  • December 10, 2024

    Ex-NJ Workers' Comp Judge Loses Appeal Over Removal

    The New Jersey state appeals court on Tuesday affirmed the removal of a workers' compensation judge in part over comments she made calling fellow judges "snake" and "thief," finding Gov. Phil Murphy followed the applicable rules in taking her off the bench.

  • December 10, 2024

    Staffing Co., EEOC Ink $300K Deal In Hiring Bias Suit

    A construction staffing company in Minnesota will pay $300,000 to end a U.S. Equal Employment Opportunity Commission suit alleging it wouldn't find work for women, Black people or older people and prompted a worker who complained about it to resign, according to a federal court filing Tuesday. 

  • December 10, 2024

    Atty Avoids Suspension For Threatening To Sue Associate

    The managing partner of a Hartford, Connecticut, personal injury and employment law firm has escaped a proposed one-year suspension after he admitted that he threatened to sue a departing associate and his new firm, with a judge calling an ethics opinion unclear and concluding the partner already learned his lesson.

  • December 10, 2024

    Paralegal Defends Hawley Troxell Wage, Termination Claims

    A former paralegal for Hawley Troxell Ennis & Hawley LLP has asked an Idaho federal judge to reject a bid to dismiss wage and wrongful termination claims from her suit against the firm, arguing that it failed to take into account the entire scope of the wage claim.

  • December 10, 2024

    Calif. Tribe Can't Vacate Card Check Award, Judge Says

    An arbitration award requiring UNITE HERE and a California tribe that owns a casino to follow a representation process with a card check procedure stands, a federal district court judge ruled, finding the arbitrator's decision was rational.

  • December 10, 2024

    NLRB Reworks Standard For Employers' Unilateral Changes

    The National Labor Relations Board made it more difficult Tuesday for employers to make changes to their employees' working conditions without approval from their union, replacing a Trump-era standard that strengthened management rights clauses in labor contracts.

  • December 10, 2024

    Atty Recommended For Sanctions After 'Bad Faith' Filings

    A Florida magistrate judge has recommended sanctioning an attorney representing a franchisee in a contract dispute with CBD American Shaman LLC, saying his duplicate filings — including four motions to reconsider a single order — amount to bad faith.

  • December 10, 2024

    NLRB Judge Protections Get Ax In Constitutional Challenge

    A Washington, D.C., federal judge on Tuesday sided with a Massachusetts hospital in its challenge to National Labor Relations Board judges' job protections, saying the board's judges must be removable at will, but stopping short of holding that their protections are a basis for blocking cases they're currently hearing.

  • December 09, 2024

    Ex-Savannah State University Professor Sues For Racial Bias

    A Chinese-born former business professor at Savannah State University has filed suit in Georgia federal court alleging the university engaged in racial discrimination by failing to renew her teaching contract and then retaliating when she complained.

  • December 09, 2024

    Healthcare Facilities Biz Settles DOJ Citizenship Bias Claims

    Healthcare Services Group Inc. and one of its affiliates have agreed to pay roughly $17,400 in penalties and lost wages and benefits to put to rest the U.S. Department of Justice's allegations the company discriminated against prospective employees based on citizenship status, the Justice Department announced Friday.

  • December 09, 2024

    Roberts Questions Gov't View On Reservist Top-Up Pay Law

    U.S. Supreme Court Chief Justice John Roberts on Monday pressed the federal government to explain why federally employed military reservists called to duty during emergencies aren't always owed top-up payments, suggesting it made a strained interpretation of differential pay law.

Expert Analysis

  • How Trump's 2nd Term May Alter The Immigration Landscape

    Author Photo

    Rhetoric from Donald Trump's campaign and his choice of hardline appointees indicate that a more restrictive and punitive approach to immigration is in our immediate future, especially in areas like humanitarian relief, nonimmigrant visa processing, and travel and green card eligibility, says John Quill at Mintz.

  • Litigation Inspiration: Reframing Document Review

    Author Photo

    For attorneys — new ones especially — there is much fulfillment to find in document review by reflecting on how important, interesting and pleasant it can be, says Bennett Rawicki at Hilgers Graben.

  • 7th Circ. Travel Time Ruling Has Far-Reaching Implications

    Author Photo

    In a case of first impression, the Seventh Circuit’s recent holding in Walters v. Professional Labor Group will have significant implications for employers that must now provide travel time compensation for employees on overnight assignments away from home, says Anthony Sbardellati at Akerman.

  • Pa. Ruling Highlights Challenges Of Employer Arb. Appeals

    Author Photo

    A Pennsylvania federal court's recent ruling in Welch Foods v. General Teamsters Local Union No. 397 demonstrates the inherent difficulties employers face when seeking relief from labor arbitration decisions through appeals in court — and underscores how employers are faced with often conflicting legal priorities, says Daniel Johns at Cozen O'Connor.

  • 7 Ways To Prepare For An I-9 Audit Or Immigration Raid

    Author Photo

    Because immigration enforcement is likely to surge under the upcoming Trump administration, employers should take steps to ensure their staff is trained in employment eligibility verification requirements and what to do in the event of an Immigration and Customs Enforcement I-9 audit or workplace raid, say attorneys at Littler.

  • Args In 2 High Court Cases May Foretell Clarity For Employers

    Author Photo

    Mary Anna Brand at Maynard Nexsen examines possible employment implications of two cases argued before the Supreme Court this fall, including a higher bar for justifying employees as overtime exempt under the Fair Labor Standards Act, and earlier grants of prevailing party status for employee-plaintiffs seeking attorney fees.

  • California Supreme Court's Year In Review

    Author Photo

    Attorneys at Horvitz & Levy highlight notable decisions on major questions from the California Supreme Court's last term, including voter initiatives, hostile work environment and the economic loss rule.

  • Disentangling Various Forms Of Workplace Discrimination

    Author Photo

    Pay inequity can be missed where it exists and misidentified due to incorrect statistics, leaving individuals to face multiple facets of discrimination connected by a common root cause, meaning correct identification and measurement is crucial, says Daniel Levy at Advanced Analytical.

  • What Lawyers Can Learn From High School AI Suit

    Author Photo

    A pending Massachusetts lawsuit regarding artificial intelligence use in an academic setting underscores the need for attorneys to educate themselves on AI technology and tools that affect their clients so they can advise on establishing clear expectations and limits around the permissible use of AI, say attorneys at Hinckley Allen.

  • Calif. Ruling May Shield Public Employers From Labor Claims

    Author Photo

    In Stone v. Alameda Health System, the California Supreme Court recently exempted a county hospital from state-mandated rest breaks and the Private Attorneys General Act, granting government employers a robust new bulwark against other labor statutes by undermining an established doctrine for determining if a law applies to public entities, say attorneys at Hunton.

  • Best Practices For Effective Employee Assistance Programs

    Author Photo

    Employee assistance programs can be a powerful tool for establishing health and wellness initiatives in workplaces, and certain implementation steps can help both employers and workers gain maximum benefit from EAPs, say attorneys at Foley & Lardner.

  • Series

    Flying Makes Me A Better Lawyer

    Author Photo

    Achieving my childhood dream of flying airplanes made me a better lawyer — and a better person — because it taught me I can conquer difficult goals when I leave my comfort zone, focus on the demands of the moment and commit to honing my skills, says Ivy Cadle at Baker Donelson.

  • NLRB One-Two Punch Curbs Employer Anti-Organizing Tools

    Author Photo

    The National Labor Relations Board’s recent decisions in Siren Retail and Amazon, limiting employer speech about the impact of unionization and outlawing captive audience meetings, severely curtail employers' arsenal of tools to combat an organizing campaign — though this may soon change under a new administration, say attorneys at Benesch.

  • Key Requirements In New Maryland Pay Transparency Laws

    Author Photo

    Although several jurisdictions now require pay transparency in job advertisements, Maryland's new law is among the broadest in the country, both in terms of what is required and the scope of its applicability, says Sarah Belger at Quarles & Brady.

  • What Trump's Next Term May Mean For Biz Immigration

    Author Photo

    Leonard D'Arrigo at Harris Beach discusses the employment-based immigration policies businesses can potentially expect during President-elect Donald Trump’s second term, based on policies enacted during his first administration, statements made during his campaign and proposals in Project 2025.

Want to publish in Law360?


Submit an idea

Have a news tip?


Contact us here
Can't find the article you're looking for? Click here to search the Employment archive.
Hello! I'm Law360's automated support bot.

How can I help you today?

For example, you can type:
  • I forgot my password
  • I took a free trial but didn't get a verification email
  • How do I sign up for a newsletter?
Ask a question!