Employment

  • November 06, 2024

    HP Applicant Gets Pay Posting Suit Sent Back To State Court

    A Washington federal judge sent back to state court a job applicant's proposed class action accusing HP of violating state law by failing to include salary ranges in job postings, saying the worker hasn't shown she has standing to pursue the dispute in federal court.

  • November 06, 2024

    No Arbitration For NBA Player Agent Suit Against Klutch, Paul

    Klutch Sports Group and its founder, superagent Rich Paul, had their bid to send to arbitration a $4.9 million breach of contract lawsuit by a fellow agent and former negotiator turned aside, with an Ohio federal judge ruling the suit will remain in district court.

  • November 06, 2024

    Solar Companies Reach $6M Deal In Employee Poaching Suit

    A residential solar power company with offices in Connecticut has secured a $6 million consent judgment against a competitor that it sued for poaching more than 80 of its workers, the company said Wednesday, putting an end to the litigation that had sought more than $11 million in damages.

  • November 06, 2024

    Alaska Voters On Brink Of Nixing Captive Audience Meetings

    Alaska voters are poised to approve a ballot measure restricting employers from holding so-called captive audience meetings in the state, which would make it the latest state to join a movement limiting the common anti-union tactic and the first to adopt the policy by ballot measure.

  • November 06, 2024

    Suit Over Legal Ads Was Abuse Of Process, Firm Says

    The Hartford law firm Hayber McKenna & Dinsmore said in a Connecticut state court complaint that opposing counsel in a class action lawsuit abused the legal process by accusing the firm of unfair trade practices when it advertised a search for more members of the class.

  • November 06, 2024

    LA Says Police Lt.'s Military Leave Support Still Deficient

    A retired police lieutenant still failed to support his claims that he was denied a promotion because of his military service despite the court giving him a chance to fix deficiencies in his allegations, the city of Los Angeles told a California federal court.

  • November 06, 2024

    Gordon Rees Unveils Silicon Valley Office, Its 11th In Calif.

    Gordon Rees Scully Mansukhani LLP has opened its newest California office in Palo Alto, in an effort to strengthen the firm's presence in Silicon Valley by providing a "collaboration hub" for attorneys there and a new access point for local clients to connect with the firm's national platform.

  • November 06, 2024

    Former Walmart Manager Can Proceed With OT Suit

    A former Walmart manager supported her claims for unpaid overtime in her misclassification suit, a Georgia federal judge said Wednesday, rejecting the retail company's bid to toss her lawsuit.

  • November 06, 2024

    Calif. Charter School Network Underpaid Workers, Suit Claims

    One of the biggest nonprofit free public charter school networks in the U.S., based in California, cheated employees out of wages and overtime, while also employing workers under the age of 16 in hazardous jobs, a Private Attorneys General Act suit claims.

  • November 06, 2024

    MVP: O'Melveny's Mark W. Robertson

    Mark W. Robertson of O'Melveny & Myers LLP has spent the year defending Piedmont Airlines Inc. and American Airlines from proposed class actions and other litigation over overtime, sick leave and other employment issues, earning himself a spot as one of the 2024 Law360 Transportation MVPs.

  • November 06, 2024

    Mass. Voters Back Gig Driver Unions, Setting Up Possible Suit

    Massachusetts voters on Tuesday handed Uber and Lyft drivers a novel route to unionization, likely setting up a legal challenge to the measure that experts predict will face an uphill climb.

  • November 05, 2024

    Trump's Win Tees Up Big Changes To The EEOC

    Projected President-elect Donald Trump will likely swap out the U.S. Equal Employment Opportunity Commission's chief and the general counsel following his return to the White House in January, a move experts said foreshadows a sweeping shift in the agency's priorities.

  • November 05, 2024

    Mass. Voters Reject Tipped Minimum Wage Proposal

    Massachusetts voters on Tuesday rejected a hotly contested measure that would have fundamentally changed how servers and other tipped workers are compensated, one of a collection of ballot initiatives dealing with employment rights, education and legalized hallucinogens.

  • November 05, 2024

    Trump's Second Term Poses Range Of Outcomes For NLRB

    Donald Trump's projected return to the White House is poised to have a major effect on the National Labor Relations Board, with the potential for a dramatic reversal of the last four years of pro-union policy.

  • November 05, 2024

    Trump Has Official Immunity. What About His Aides?

    Whether the U.S. Supreme Court's decision on presidential immunity extends to subordinates who follow a president's orders has become a more pressing question in the wake of Donald Trump's projected election win, according to legal experts.

  • November 05, 2024

    How Trump Can Quash His Criminal Cases

    Donald Trump's projected victory at the polls also translates to a win in the courts, as the second-term president will have the power to end both of his federal criminal cases. And the U.S. Supreme Court's decision on presidential immunity would shield him from any consequences for ordering his charges to be dismissed, experts say.

  • November 05, 2024

    An Early Look At Trump's Supreme Court Shortlist

    With former President Donald Trump projected to win the 2024 presidential election and the Republicans' success in securing the U.S. Senate majority, Trump may now get the chance to appoint two more justices to the U.S. Supreme Court, cementing the court's conservative tilt for decades to come.

  • November 05, 2024

    GOP's Senate Win Hands Future Of The Judiciary To Trump

    Republicans were projected to take back the White House and Senate and possibly the House early Wednesday, putting the GOP in position to back Donald Trump's agenda and his slate of young, conservative judicial nominees. 

  • November 05, 2024

    The Firms With An Inside Track To A New Trump Admin

    Law firms that have represented Donald Trump and the Republican Party on everything from personal legal woes to election-related lawsuits could see the risks of that work pay dividends as Trump is projected to secure a second term in office.

  • November 05, 2024

    California's $18 Minimum Wage Initiative Too Close To Call

    In the early morning hours on Wednesday, it was still too close to call whether California voters would approve an initiative to increase the statewide minimum wage from the current floor of $16 an hour to $18 an hour, with votes against the measure slightly ahead.

  • November 05, 2024

    Former Fla. Prosecutor Ousted By DeSantis Wins Back Seat

    Florida voters Tuesday brought back one of the former state attorneys previously suspended by GOP Gov. Ron DeSantis for neglect of duty and incompetence over policy disagreements in handling prosecutions for certain cases.

  • November 05, 2024

    Mich. Unemployment Claimants, UAW Seek Class Certification

    The United Auto Workers union and Michigan residents urged a federal judge Monday to certify a class of people who say the state suspended their unemployment payments without proper notice, a practice the claimants say violates a seven-year-old agreement with the state's unemployment insurance agency.  

  • November 05, 2024

    NLRB Judge Orders 3rd Vote At Ala. Amazon Warehouse

    Workers at an Amazon warehouse in Alabama are poised to vote for a third time on whether to unionize after a National Labor Relations Board judge on Tuesday found the company interfered with the last vote by vilifying workers' prospective union and confiscating union flyers.

  • November 05, 2024

    FTC Defends Noncompete Ban In 11th Circ. Appeal

    The Federal Trade Commission told the Eleventh Circuit the agency is authorized to make rules like the one banning the use of employee noncompetes and argued that a lower court was wrong to block the commission from enforcing the rule against a retirement community.

  • November 05, 2024

    NJ Staffing Co. Says Rival Stole Employees And Trade Secrets

    Medical staffing agency Aequor Healthcare Services LLC alleged in New Jersey federal court that a rival startup poached three of its employees, and those employees stole confidential information on their way out the door, according to a lawsuit filed Monday.

Expert Analysis

  • 5 Ways To Confront Courtroom Technology Challenges

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    Recent cybersecurity incidents highlight the vulnerabilities of our reliance on digital infrastructure, meaning attorneys must be prepared to navigate technological obstacles inside the courtroom, including those related to data security, presentation hardware, video playback and more, says Adam Bloomberg at IMS Legal Strategies.

  • Employers Should Not Neglect Paid Military Leave Compliance

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    An August decision from the Ninth Circuit and the settlement of a long-running class action, both examining paid leave requirements under the Uniformed Services Employment and Reemployment Rights Act, are part of a nationwide trend that should prompt employers to review their military leave policies to avoid potential litigation and reputational damage, says Bradford Kelley at Littler.

  • Old Employment Law Principles Can Answer New AI Concerns

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    Despite growing legal and regulatory concerns about how artificial intelligence tools may affect employment decisions and worker rights, companies should take comfort in knowing that familiar principles of employment law and established compliance regimes can still largely address these new twists on old questions, say attorneys at Foley & Lardner.

  • Navigating New Enforcement Scrutiny Of 'AI Washing'

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    The U.S. Securities and Exchange Commission's recent lawsuit against Joonko Diversity, its first public AI-focused enforcement action against a private company, underscores the importance of applying the same internal legal and compliance rigor to AI-related claims as other market-facing statements, say attorneys at Fried Frank.

  • Pa. Health Employers Must Prep For Noncompete Restrictions

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    Newly enacted legislation in Pennsylvania prohibits certain noncompete covenants for healthcare practitioners in the state beginning next year, creating compliance challenges that both employers and employees should be aware of, say attorneys at Buchanan Ingersoll.

  • Avoiding Corporate Political Activity Pitfalls This Election Year

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    As Election Day approaches, corporate counsel should be mindful of the complicated rules around companies engaging in political activities, including super PAC contributions, pay-to-play prohibitions and foreign agent restrictions, say attorneys at Covington.

  • Employer Arbitration Lessons From Calif. Consumer Ruling

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    Although a California state appeals court’s recent arbitration ruling in Mahram v. Kroger involved a consumer transaction, the finding that the arbitration agreement at issue did not apply to a third-party beneficiary could influence how employment arbitration agreements are interpreted, says Sander van der Heide at CDF Labor Law.

  • Why Attorneys Should Consider Community Leadership Roles

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    Volunteering and nonprofit board service are complementary to, but distinct from, traditional pro bono work, and taking on these community leadership roles can produce dividends for lawyers, their firms and the nonprofit causes they support, says Katie Beacham at Kilpatrick.

  • How NJ Temp Equal Pay Survived A Constitutional Challenge

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    The Third Circuit recently gave the New Jersey Temporary Workers' Bill of Rights a new lease on life by systematically dismantling multiple theories of the act's unconstitutionality brought by staffing agencies hoping to delay their new equal pay and benefits obligations, say attorneys at Duane Morris.

  • Firms Must Offer A Trifecta Of Services In Post-Chevron World

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    After the U.S. Supreme Court’s Loper Bright Enterprises v. Raimondo decision overturning Chevron deference, law firms will need to integrate litigation, lobbying and communications functions to keep up with the ramifications of the ruling and provide adequate counsel quickly, says Neil Hare at Dentons.

  • 5 Tips To Succeed In A Master Of Laws Program And Beyond

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    As lawyers and recent law school graduates begin their Master of Laws coursework across the country, they should keep a few pointers in mind to get the most out of their programs and kick-start successful careers in their practice areas, says Kelley Miller at Reed Smith.

  • NYC Wage Info Bill Highlights Rise In Pay Transparency Laws

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    With New York City the latest to mull requiring companies to annually report employee wage data, national employers should consider adapting their compliance practices to comply with increasingly common pay transparency and disclosure obligations at state and local levels, says Kelly Cardin at Littler Mendelson.

  • When Trauma Colors Testimony: How To Help Witnesses

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    As stress-related mental health issues continue to rise, trial attorneys must become familiar with a few key trauma-informed strategies to help witnesses get back on track — leaning in to the counselor aspect of their vocations, say Ava Hernández and Steve Wood at Courtroom Sciences.

  • Series

    Being An Opera Singer Made Me A Better Lawyer

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    My journey from the stage to the courtroom has shown that the skills I honed as an opera singer – punctuality, memorization, creativity and more – have all played a vital role in my success as an attorney, says Gerard D'Emilio at GableGotwals.

  • How Law Firms Can Avoid 'Collaboration Drag'

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    Law firm decision making can be stifled by “collaboration drag” — characterized by too many pointless meetings, too much peer feedback and too little dissent — but a few strategies can help stakeholders improve decision-making processes and build consensus, says Steve Groom at Miles Mediation.

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