Employment

  • October 07, 2024

    Justices Want Feds' Input In Union Pension Withdrawal Fight

    The U.S. Supreme Court asked the federal government Monday to weigh in on an employer-side petition in a fight over what actuarial assumptions multi-employer pension funds are allowed to use under federal benefits law when determining an employer's withdrawal liability.

  • October 07, 2024

    Informant Must Produce Docs In Fla. House-Flipping Scheme

    A Florida state court judge Monday ordered a woman who uncovered a house-flipping scheme allegedly run by the husband of a former Miami city attorney to produce documents in the case, including communications with journalists, in an attempt to show whether any misconduct occurred over the course of the investigation.

  • October 07, 2024

    Mich. Says Local Courts' ADA Compliance Is Not Its Job

    A proposed class of disabled attorneys lacks standing to pursue civil rights claims against Michigan alleging courthouses were inaccessible, the state has told a federal judge, arguing it is not responsible for local facilities and is otherwise protected by sovereign immunity under state disability laws.

  • October 07, 2024

    Akerman Adds In-House Atty From WR Berkley

    An assistant vice president and counsel to W.R. Berkley Corp., a commercial lines property and casualty insurance holding company, left his in-house role to become a partner with Akerman LLP in New York, the firm announced Monday.

  • October 07, 2024

    NCAA Wins Preliminary OK For Revised $2.78B NIL Settlement

    A California federal judge on Monday preliminarily approved the NCAA's revised $2.78 billion antitrust settlement with athletes suing over the organization's name, image and likeness compensation rules.

  • October 07, 2024

    Ball Corp. Unit Strikes Deal To End DOL Race Bias Probe

    A subsidiary of packaging company Ball Corp. will pay $309,000 after a U.S. Department of Labor probe found evidence that it favored white applicants for production technician jobs over Black workers, the DOL said Monday.

  • October 07, 2024

    6 High Court Cases To Watch For Trial Attorneys

    As the U.S. Supreme Court lifts the curtain on a new term, the justices are slated to consider a variety of cases impacting the work of trial litigators, including a death penalty case over a state-disavowed conviction, the boundaries of the Racketeer Influenced and Corrupt Organizations Act, and corporate veil piercing.

  • October 07, 2024

    Chemical Manufacturer Keeps Win In Firing Fight With Union

    A chemical and ammunition manufacturer can keep its win in a firing dispute with a union, a Texas federal judge said Monday, standing by his decision to overturn an arbitrator's reinstatement order.

  • October 07, 2024

    High Court Passes On Warehouse Worker Arbitration Bid

    The U.S. Supreme Court refused on Monday to take up an appeal by a staffing agency that argued a worker who moved Adidas merchandise in a warehouse didn't fall under a federal exemption from arbitration requirements and should have his wage suit kicked out of court.

  • October 07, 2024

    Justices Reject Hotel's Challenge To Anti-Union Bias Ruling

    The U.S. Supreme Court declined Monday to review a Ninth Circuit ruling that said the National Labor Relations Board relied on ample evidence when it found a Los Angeles hotel used a renovation as cover to ditch its workers' union.

  • October 07, 2024

    Justices Won't Review FedEx's KO Of $366M Race Bias Verdict

    The U.S. Supreme Court refused Monday to review the Fifth Circuit's dramatic cut to a Black former FedEx employee's $366 million jury verdict, despite her argument that the appeals court incorrectly truncated the window for filing her race discrimination and retaliation claims.

  • October 07, 2024

    Justices Won't Hear Hospital Challenge To NLRB Rehire Order

    The U.S. Supreme Court said Monday that it will not consider a New York hospital's challenge to a National Labor Relations Board decision finding it violated federal labor law by firing a nurse who confronted a manager about negotiations of a labor contract.

  • October 07, 2024

    Justices Turn Down Pa. Ex-Museum Worker's Retaliation Suit

    The U.S. Supreme Court on Monday declined to consider whether a former employee of the Frick Art and Historical Center in Pittsburgh had proved he was fired in retaliation for requesting accommodation for an injury.

  • October 07, 2024

    Justices Won't Weigh Uber, Lyft Arbitration Fights

    The U.S. Supreme Court declined on Monday to consider whether California must arbitrate with Uber and Lyft over the state's claims that the companies misclassified drivers as independent contractors instead of employees.

  • October 07, 2024

    Worker's Age Bias Suit Survives IT Co.'s High Court Appeal

    The nation's top court won't take up a Virginia information technology company's appeal seeking to cast aside a former worker's age discrimination case, according to a list of cert denials issued Monday.

  • October 07, 2024

    High Court Rejects Ex-Raytheon Worker's Retaliation Suit

    The U.S. Supreme Court on Monday declined to revisit its prior ruling insulating security clearance decisions from court review, after a fired Raytheon worker urged the court to clarify whether that decision also applies to actions by federal contractors.

  • October 04, 2024

    Top 5 Supreme Court Cases To Watch This Fall

    The U.S. Supreme Court will hear several cases in its October 2024 term that could further refine the new administrative law landscape, establish constitutional rights to gender-affirming care for transgender minors and affect how the federal government regulates water, air and weapons. Here, Law360 looks at five of the most important cases on the Supreme Court's docket so far.

  • October 04, 2024

    Mondelez, BCLP Ink $750K Deal To End Data Breach Suits

    Mondelez Global LLC workers on Friday asked an Illinois federal judge to greenlight a $750,000 settlement that would resolve proposed data privacy class actions against their employer and Bryan Cave Leighton Paisner LLP stemming from a 2023 data breach.

  • October 04, 2024

    Pa. Noncompete Ban Challenger Drops Case After Stay Denied

    A Pennsylvania tree service company Friday relinquished its lawsuit challenging the Federal Trade Commission's recent ban on noncompete agreements after a federal judge in the Keystone State denied the company's bid to pause its case despite another judge blocking the ban.

  • October 04, 2024

    Jury Finds Cognizant Biased Against Non-Indian Workers

    A California federal jury found Friday that Cognizant Technologies engaged in a "pattern or practice" of intentional discrimination against a class of non-South Asian and non-Indian employees who were terminated, setting the stage for a second phase that will determine damages against the IT giant.

  • October 04, 2024

    NJ, Ethics Board Must Hand Over Docs In Retaliation Fight

    A New Jersey state judge has ordered the state and its ethics commission to hand over to an ex-state health official internal documents in his lawsuit alleging that he was wrongly fired in 2020 for raising concerns about the earmarking of COVID-19 tests for relatives of another state official.

  • October 04, 2024

    Healthcare Co.'s Workers Get Cert. In OT Pay Row

    A Connecticut home healthcare logistics company and a former employee suing in federal court over its pay practices have agreed to conditionally certify a collective and dismiss most claims, leaving only a claim for payment of off-the-clock work.

  • October 04, 2024

    Employment Authority: Calif. Law Equal Protection Issues

    Law360 Employment Authority covers the biggest employment cases and trends. Catch up this week with coverage on how a petition in the U.S. Supreme Court arguing that California's worker classification law violates equal protection principles could have a domino effect beyond wage and hour issues, a look at the slew of U.S. Equal Employment Opportunity Commission's harassment suits and what are the chances that the National Labor Relations Board could change some of its policies. 

  • October 04, 2024

    Stellantis' Fiat Chrysler Sues UAW Over Strike Threats

    Fiat Chrysler has sued the United Auto Workers in California federal court alleging the union has violated the current collective bargaining agreement by threatening to strike over what the union perceives as the company's delays in investing in and reopening certain manufacturing facilities.

  • October 04, 2024

    Atlanta Employee Sues City For More Than $100K Of OT Pay

    A community program analyst in Atlanta's Office of Film, Entertainment & Nightlife hit the city with a Fair Labor Standards Act complaint alleging she's owed more than $100,000 for unpaid overtime work.

Expert Analysis

  • Politics In California Workplaces: What Employers Must Know

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    As the election looms, it is critical that California employers ensure their compliance with state laws providing robust protections for employees' political activity — including antidiscrimination laws, off-duty conduct laws, employee voting leave laws and more, say Bradford Kelley and Britney Torres at Littler.

  • Conn. Court Split May Lead To Vertical Forum Shopping

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    As shown by a recent ruling in State v. Exxon Mobil, Connecticut state and federal courts are split on personal jurisdiction, and until the Connecticut Supreme Court steps in, parties may be incentivized to forum shop, causing foreign entities to endure costly litigation and uncertain liability, says Matthew Gibbons at Shipman & Goodwin.

  • 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.

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