Employment

  • November 25, 2024

    Geologist, Oil Co. Can't Get Approval Of Wage Suit Settlement

    A Colorado federal judge put the brakes on a settlement that a geologist reached with the oil and gas producer he accused of failing to pay overtime, saying it's not clear if he alerted other workers of the deal or if a $1 million attorney fee request is reasonable.

  • November 25, 2024

    Jury Finds Sex-Specific Customs Officer Shifts Legally Sound

    A Florida federal jury backed the U.S. Department of Homeland Security in a lawsuit claiming it unlawfully created three women-only assignments at the Port of Tampa, finding the agency had a legitimate reason based on a U.S. Customs and Border Protection policy mandating same-gender searches of passengers.

  • November 25, 2024

    Calif. Board Seeks Comment On AI Rules Amid Pushback

    The California Privacy Protection Agency on Friday opened the public comment period for its latest rulemaking package proposing expansive draft rules regulating technologies fueled by artificial intelligence — including in the employment, education, healthcare, consumer protection, banking and insurance contexts — which business groups have already criticized as being overly broad and burdensome.

  • November 25, 2024

    7th Circ. Says Schwab Race Bias Suit Filed Too Late

    The Seventh Circuit said a Black call center worker can't revive her suit claiming Charles Schwab blocked her from career advancements because of her race, ruling that an attorney's error led her to file the case too late, preventing the court from granting her any leeway.

  • November 25, 2024

    Plumbing Supplier Retaliated After Bias Complaint, Suit Says

    A former sales representative for plumbing supply retailer F.W. Webb Co. says he was forced out of the company after providing a statement to Massachusetts investigators backing up a Black co-worker's discrimination complaint, according to a lawsuit filed Monday in state court.

  • November 25, 2024

    Calif. Appeals Court Backs Taylor Farms Win In Wage Suit

    A California state appeals court refused to reinstate a lawsuit accusing packaged salad company Taylor Farms of unlawfully omitting the hourly pay rate for incentive bonuses from workers' wage statements, saying the company doesn't have to include this information because it showed it doesn't base its calculations on a real hourly rate.

  • November 25, 2024

    Quarles & Brady Lands Buchalter Employment Duo In Calif.

    Quarles & Brady LLP has brought on a pair of Buchalter PC employment attorneys as partners in its San Diego office, marking the Milwaukee-based firm's latest expansion in the Golden State since arriving there through a merger nearly two years ago.

  • November 25, 2024

    Ex-Fox Rothschild Corp. Head Ends Bias Suit Against Firm

    Fox Rothschild LLP has resolved a discrimination lawsuit with a former head of its corporate department who claimed he was pushed out of the firm after nearly three decades because of his age, according to a stipulation of dismissal filed Monday in New Jersey state court.

  • November 25, 2024

    DC Circ. Won't Rehear Allowing H-1B Spousal Work Permits

    The District of Columbia Circuit has denied a petition to reconsider its decision upholding an Obama-era program allowing some spouses of highly skilled foreign workers to obtain work permits.

  • November 25, 2024

    Amazon Says Drivers Still MIA During Discovery In Wage Suit

    Delivery drivers are still falling short of following discovery orders in an almost decade-long suit accusing Amazon of misclassifying them as independent contractors, the e-commerce giant told a Washington federal court, urging it to boot those workers from the case.

  • November 25, 2024

    NLRB Attys Renew Fight To Get Pa. Newspaper To Bargain

    National Labor Relations Board prosecutors have updated their bid to compel the Pittsburgh Post-Gazette to bargain with its striking workers' unions and cover the workers' healthcare costs, telling a Pennsylvania federal judge that the record in this case and others against the newspaper support their request for an injunction.

  • November 25, 2024

    Hawley Troxell Wants Ex-Paralegal's Suit Trimmed

    Hawley Troxell Ennis & Hawley LLP asked an Idaho federal judge to dismiss a former paralegal's claims that it retaliated against her for lodging bias complaints and stiffed her on wages.

  • November 25, 2024

    Shell Oil Co. Sued For Not Paying Gas Station Cashier

    Shell Oil Co. and Nerr Petroleum Inc. were slapped with a complaint in Georgia federal court by a former cashier alleging he was only paid $1,000, despite working an average of 112 hours per week for nearly 10 months.

  • November 25, 2024

    Topgolf Cuts Deal To Settle Server's Wage Suit

    Topgolf agreed to pay about $13,000 to settle a former food service worker's suit in Alabama federal court claiming it failed to pay her the full minimum wage for non-tip-generating work.

  • November 25, 2024

    Home Automation Co. Strikes $1.5M Deal To End OT Suit

    A smart home technology company reached a $1.5 million deal to resolve allegations from a collective of current and former employees who accused the company of wrongfully classifying them as overtime-exempt, costing them overtime pay, according to a filing in Georgia federal court.

  • November 22, 2024

    Ill. Judge Bucks Colleague In Limiting BIPA Change's Reach

    An Illinois federal judge held Friday that a legislative amendment limiting damages under the state's Biometric Information Privacy Act doesn't apply to lawsuits filed before the change took effect, refusing to side with a recent ruling from another judge in the same court that reached the opposite conclusion. 

  • November 22, 2024

    'The Future Of Wells Fargo' Sues For Sex Discrimination

    Wells Fargo's former global head of resiliency and continuity sued for gender discrimination in New York federal court on Thursday, saying that despite once being celebrated as "the future of Wells Fargo," her boss repeatedly favored male employees over her and other female employees.

  • November 22, 2024

    11th Circ. Panel Weighs Remanding Florida Trans Health Fight

    The Eleventh Circuit on Friday appeared unlikely to affirm a lower court's ruling to invalidate a Florida state law banning Medicaid payments for gender-affirming medical care, with two judges on the panel asking attorneys for specifics about additional analysis of discriminatory factors on a potential remand.

  • November 22, 2024

    Private Cos. Seek Pre-IPO Share Sales Amid Liquidity Crunch

    Following a dearth of initial public offerings in recent years, more private companies are arranging secondary-share sales to help employees and early investors pare down equity stakes without waiting for a public listing, a trend capital markets attorneys expect will continue for the foreseeable future, even if IPOs rebound.

  • November 22, 2024

    Trump Picks Teamsters-Backed Ore. Rep. For Labor Secretary

    President-elect Donald Trump announced Friday evening that he plans to nominate Republican Rep. Lori Chavez-DeRemer of Oregon to lead the U.S. Department of Labor.

  • November 22, 2024

    Employment Authority: D.C. Bathroom Angst Fizzles At Work

    Law360 Employment Authority covers the biggest employment cases and trends. Catch up this week with coverage on why experts say conservative federal lawmakers' campaigns to ban transgender people from bathrooms that match their gender identity isn't translating in the workplace, how a ban on the arbitration of sexual misconduct claims is affecting wage and hour law and why the National Labor Relations Board is struggling to keep up with its case load.

  • November 22, 2024

    Duke Health Sacked Worker Over Pregnancy, Suit Claims

    A Duke University-affiliated health network fired a radiology technologist just three days after she disclosed she was pregnant with her second child, according to a lawsuit in North Carolina federal court.

  • November 22, 2024

    Blackberry CEO Escapes Ex-Employee's Sex Harassment Suit

    A California federal judge trimmed a former Blackberry executive's lawsuit claiming she was fired for reporting that the company's CEO sexually harassed her before he assumed the top job, saying she hadn't done enough to bolster her pay discrimination allegation or her discrimination claim against the CEO.

  • November 22, 2024

    EEOC Backs Rehab Worker's Retaliation Case At 10th Circ.

    The U.S. Equal Employment Opportunity Commission on Friday urged the Tenth Circuit to revive an occupational therapist's lawsuit claiming a colleague inappropriately touched her and that she was fired after she reported the co-worker's harassment, arguing the trial court used the wrong standard when it tossed her retaliation claim.

  • November 22, 2024

    Emory Vice Provost Mistreated White Staff, Ex-Director Says

    Emory University was sued in Georgia federal court Thursday by a former employee who alleged the college's inaugural vice provost for career and professional development discriminated against white employees, treating them less favorably in investigations, discipline, hiring and promotions.

Expert Analysis

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

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    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

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    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

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    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.

  • Lessons From EEOC Case Of Fla. Worker Fired After Stillbirth

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    A recent federal court settlement between a Florida resort and a fired line cook shows that the U.S. Equal Opportunity Employment Commission sees stillbirth as protected under the Pregnant Workers Fairness Act, also providing four other important lessons, says Gordon Berger at Pierson Ferdinand.

  • What Higher Education Can Expect From A 2nd Trump Admin

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    The election of Donald Trump for a second presidential term has far-reaching ramifications for colleges and universities — come January, institutions can expect a crackdown on DEI, increased scrutiny of campus protests, a rollback of the Biden administration's Title IX rules and more, say attorneys at Jenner & Block.

  • AI Monitoring And FCRA: Employer Compliance Essentials

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    As the Consumer Financial Protection Bureau and the Federal Trade Commission signal determination to treat AI-based workplace surveillance as a potential Fair Credit Reporting Act issue, employers must commit to educating HR and compliance staff on these quickly evolving regulatory expectations, say attorneys at Sheppard Mullin.

  • Series

    Circus Arts Make Me A Better Lawyer

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    Performing circus arts has strengthened my ability to be more thoughtful, confident and grounded, all of which has enhanced my legal practice and allowed me to serve clients in a more meaningful way, says Bailey McGowan at Stinson.

  • Opinion

    Weak Reasoning Underlies Fla. Judge's Bold Qui Tam Ruling

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    U.S. District Judge Kathryn Mizelle's groundbreaking decision in U.S. ex rel. Zafirov v. Florida Medical Associates LLC, holding that qui tam provisions of the False Claims Act are unconstitutional, relies on weak logic to reach a conclusion that differs from every other court that has ruled on the issue, says Ethan Greenberg at Anderson Kill.

  • FTC Focus: Zeroing In On Post-Election Labor Markets

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    The presidential election and the push-and-pull of the administrative state's reach are likely to affect the Federal Trade Commission's focus on labor markets, including the tenor of noncompete rule enforcement, say attorneys at Proskauer.

  • 3 Ways To Train Junior Lawyers In 30 Minutes Or Less

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    Today’s junior lawyers are experiencing a skills gap due to pandemic-era disruptions, but firms can help bring them up to speed by offering high-impact skill building content in bite-sized, interactive training sessions, say Stacey Schwartz at Katten, Diane Costigan at Winston & Strawn and Lauren Tierney at Freshfields.

  • Advising Employers As AI Meets DEI And Discrimination

    Excerpt from Practical Guidance
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    Though companies can use artificial intelligence tools to develop more diverse and inclusive workforces, counsel should also prepare employers for how AI can stymie these efforts, provoke discrimination claims and complicate resulting litigation, says Emily Schifter at Troutman Pepper.

  • 8 Tech Tips For Stress-Free Remote Depositions

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    Court reporter Kelly D’Amico shares practical strategies for attorneys to conduct remote depositions with ease and troubleshoot any issues that arise, as it seems deposition-by-Zoom is here to stay after the pandemic.

  • Timing Of An NLRB Power Shift Hinges On Biden Nominees

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    President-elect Donald Trump seems certain to shake up the National Labor Relations Board's prounion Democrat majority, but the incoming president's timing depends on whether the current Senate confirms two pending nominees to board positions, say attorneys at Fox Rothschild.

  • Opinion

    The Right Kind Of Deregulation In Commercial Airline Industry

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    Similar to the economic deregulation that occurred more than four decades ago during the Carter administration, the incoming Trump administration should restore the very limited federal regulatory role in the economics of the airline industry, says former U.S. transportation secretary James Burnley at Venable.

  • 5 Tips For Complying With NLRB Captive Audience Ban

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    The National Labor Relations Board’s recently ruled that so-called captive audience meetings violate federal labor law, representing a radical shift in precedent and creating new standards for employers to follow when holding workplace meetings where union representation will be discussed, say attorneys at Fisher Phillips.

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