Employment

  • February 24, 2025

    DC Judge Wary Of Constitutionality Of Musk's DOGE

    A D.C. federal judge on Monday questioned the constitutionality of Elon Musk's Department of Government Efficiency while expressing skepticism that groups challenging the department's access to federal systems housing Americans' sensitive data had established the irreparable harm needed to block access.

  • February 24, 2025

    Unions, Groups Say Fed. Employees '5 Things' Email Illegal

    A group of unions challenging the federal layoff order said the U.S. Office of Personnel Management's controversial request for federal employees to include in a weekly email five things they accomplished flouts federal law, amending their lawsuit in California federal court.

  • February 24, 2025

    Md. Judge Blocks DOGE Access To Education, OPM Data

    A Maryland federal judge on Monday prohibited the U.S. Department of Education and the Office of Personnel Management from continuing to share with Elon Musk's Department of Government Efficiency the sensitive information of federal employees and student aid recipients, saying the agencies likely have violated federal privacy law.

  • February 24, 2025

    Fla. Teacher Wins Appeal Over Memes Posted To Social Media

    A Florida state appellate court overturned a punishment handed to a math teacher who was suspended for three days over posting political memes to his Facebook profile, saying his right to free speech was violated because the posts were a matter of public concern and didn't disrupt school operations.

  • February 24, 2025

    Charter Communications Keeps Trade Secrets Suit In Conn.

    A Charter Communications Inc. trade secrets lawsuit against a former Colorado-based vice president will remain in Connecticut, a federal judge ruled from the bench on Monday, greenlighting the company's request for a preliminary injunction in its home state.

  • February 24, 2025

    Anti-Abortion Group Appeals In Reproductive Rights Law Row

    An anti-abortion organization is turning to the Second Circuit to try to revive its suit claiming a New York state law that bars employers from penalizing workers for their reproductive health decisions, such as ending a pregnancy, infringes on its constitutional rights.

  • February 24, 2025

    Tax Software Co. Says Rival Is The Real Trade Secrets Thief

    Corporate-focused tax preparation software company Avalara, accused by Vertex Inc. of poaching workers to steal trade secrets, has asked to file counterclaims, arguing Vertex has actually done the illegal poaching.

  • February 24, 2025

    Ousted MSPB Chair Defends Humphrey's In Injunction Bid

    The Merit Systems Protection Board chair fired by President Donald Trump demanded an injunction to prevent her removal by administration officials, telling a D.C. federal judge that siding with the president's position on the U.S. Supreme Court's Humphrey's Executor ruling would "upend constitutional law."

  • February 24, 2025

    EEOC Gets OK To Advance Male Bias Suit Against Sports Bar

    A North Carolina federal judge on Monday rejected Battleground Restaurants Inc.'s bid to dismiss the U.S. Equal Employment Opportunity Commission's lawsuit alleging the company systematically refused to hire men for front-of-house jobs at its Kickback Jack's sports bar, saying the commission has met the pleading standards for the claims.

  • February 24, 2025

    4th Circ. Won't Block DOL's H-2A Minimum Wage Rule

    A Biden-era rule from the U.S. Department of Labor that shook up how it calculates minimum wages paid to H-2A visa workers may stand, the Fourth Circuit ruled Monday, saying blocking the regulation would harm both domestic and foreign workers and inflict hardship on farm owners.

  • February 24, 2025

    1st Circ. Won't Revive Dr.'s Retaliation Claim Against Hospital

    A radiologist can't reinstate a whistleblower and discrimination lawsuit against a Boston hospital she says sidelined her after she reported concerns about a colleague dubbed "the Boston Butcher," the First Circuit has ordered.

  • February 24, 2025

    DoorDash To Pay $16.8M To End NY AG's Stolen Tip Claims

    DoorDash has agreed to shell out $16.75 million following an investigation that found it cheated about 63,000 food delivery workers out of their full tips in order to subsidize their pay, New York Attorney General Letitia James announced Monday.

  • February 24, 2025

    Feds Fight Reinstatement Of Ousted Inspectors General

    The Trump administration fired back at a lawsuit brought by eight inspectors general who were fired last month, telling a D.C. federal judge that federal law does not require the president to hold off on the terminations for 30 days after notifying Congress.

  • February 24, 2025

    3rd Circ. Says Discovery Defiance Dooms Vax Bias Suit

    The Third Circuit backed the dismissal of a Jehovah's Witness' suit claiming 3M fired her out of religious bias for opposing its COVID-19 vaccine mandate, saying it was a proper punishment for purposefully ignoring discovery orders probing whether her beliefs were sincere.

  • February 24, 2025

    CVS Says Union Vote Certifications Require NLRB Quorum

    CVS has argued that National Labor Relations Board regional offices cannot certify the results of union representation elections while the agency lacks a quorum, advancing the latest argument employers have adopted seeking to block the board's actions.

  • February 24, 2025

    GAO Sinks Protest Over Army Corps Solicitation Amendment

    The U.S. Government Accountability Office has said the Army Corps of Engineers rightly changed a solicitation to remove the requirement that solicitors attach a project labor agreement, denying a construction contractor's protest of the change.

  • February 24, 2025

    NLRB Stops Defending Job Protections For Members, Judges

    National Labor Relations Board prosecutors will no longer defend board members and judges against claims that their job protections are unconstitutional, the prosecutors told a Missouri federal judge, switching positions after the acting solicitor general stated that administrative law judges' job protections violate the U.S. Constitution.

  • February 24, 2025

    Buchanan Ingersoll Adds Ogletree Employment Ace In Tampa

    Buchanan Ingersoll & Rooney PC announced Monday that it picked up a new shareholder in Tampa, Florida, for its labor and employment section from Ogletree Deakins Nash Smoak & Stewart PC.

  • February 24, 2025

    Unions Seek To Block DOGE's 'Unprecedented' Access To Info

    Elon Musk's Department of Government Efficiency must be stopped from having "unprecedented" access to personal data from the Social Security Administration, two unions and a retiree advocacy group argued in Maryland federal court, becoming the latest lawsuit trying to stop DOGE from obtaining information at federal agencies.

  • February 24, 2025

    Apple To Invest $500B In US Over 4 Years As Tariffs Mount

    Apple said Monday that it would invest $500 billion in the U.S. over the next four years, weeks after President Donald Trump placed a 10% tariff on goods from China, where the company sources components for its products, and threatened tariffs on semiconductors.

  • February 24, 2025

    NCAA Blasts Baseball Player's Bid For More Eligibility

    The NCAA came out firing against a college baseball player's attempt to play at the University of Tennessee, asserting that its rules governing athletes' eligibility are not reviewable under federal antitrust law despite a recent court decision calling that position into question.

  • February 24, 2025

    Museum Cleared To Fire Hurt Worker After 4 Leave Extensions

    A California appeals court declined to revive a former HVAC technician's suit claiming the J. Paul Getty Trust illegally fired him while recovering from an on-the-job leg fracture, saying terminating him instead of granting a fifth request for indefinite medical leave was reasonable.

  • February 24, 2025

    Retired Conn. Cops Can't Get Retro Pay Under New Contract

    More than 30 retired New Haven police officers couldn't snag retroactive back pay a collective bargaining agreement laid out because they were not active employees when the contract was ratified, the Connecticut Appellate Court ruled, affirming a trial court's decision to toss the cops' suit.

  • February 24, 2025

    Texas Atty Dinged For AI-Generated Fake Citations In Briefs

    A Texas lawyer could face a $15,000 personal sanction and other potential discipline for filing three separate briefs using generative artificial intelligence that included fake citations in an Indiana ERISA case, according to a report and recommendation by a federal judge in the Hoosier State.

  • February 24, 2025

    Prior Deal Bars Wage Suit Against Manufacturer, Panel Says

    A California appeals court declined to reinstate a wage and hour suit against a flavor manufacturing company, saying the case is blocked by a prior settlement resolving identical claims against the staffing firm that placed workers with the company.

Expert Analysis

  • Navigating The Last Leg Of The Worker Retention Tax Credit

    Author Photo

    Whether a business has applied for the pandemic-era employee retention tax credit, received a denial letter or is still considering making a claim before the April 15 deadline, it should examine recent developments significantly affecting the program before planning next steps, say attorneys at Nixon Peabody.

  • Amazon Holiday Pay Case Underscores Overtime Challenges

    Author Photo

    The recent Hamilton v. Amazon.com Services LLC decision in the Colorado Supreme Court underscores why employers must always consult applicable state law and regulations — in addition to federal law — when determining how to properly pay employees who work more than 40 hours in a workweek, says James Looby at Vedder Price.

  • Insurance Considerations For Cos. That May Face Strikes

    Author Photo

    The recent surge in major work stoppages in the U.S. highlights the growing importance of strike preparedness for businesses, which includes understanding strike insurance coverage options, say Chris D’Amour and Brooke Duncan at Adams and Reese.

  • Opinion

    It's Time To Sound The Alarm About Lost Labor Rights

    Author Photo

    In the Fifth Circuit, recent rulings from judges appointed by former President Donald Trump have dismantled workers’ core labor rights, a troubling trend that we cannot risk extending under another Trump administration, say Sharon Block and Raj Nayak at the Center for Labor and a Just Economy.

  • What To Know About New Employment Laws In Fla.

    Author Photo

    Florida employers should familiarize themselves with recent state laws, and also federal legislation, on retirement benefits, teen labor and heat exposure, with special attention to prohibitions against minors performing dangerous tasks, as outlined in the Fair Labor Standards Act, say Katie Molloy and Cayla Page at Greenberg Traurig.

  • Election Unlikely To Overhaul Antitrust Enforcers' Labor Focus

    Author Photo

    Although the outcome of the presidential election may alter the course of antitrust enforcement in certain areas of the economy, scrutiny of labor markets by the Federal Trade Commission and the U.S. Department of Justice is likely to remain largely unaffected — with one notable exception, say Jared Nagley and Joy Siu at Sheppard Mullin.

  • How Immigration Attys Should Prep For A 2nd Trump Term

    Author Photo

    In light of the possibility of a drastic policy shift under a second Trump administration, immigration lawyers must review what Trump did during his first term, assess who would be most affected if those policies return and develop legal strategies to safeguard their clients' interests, says Adam Moses at Harris Beach.

  • Challenges Of Insuring An NIL Collective

    Author Photo

    Sarah Abrams at Baleen Specialty examines the emergence of name, image and likeness collectives for student-athletes, the current litigation landscape that has created a favorable environment for these organizations, and considerations for director and officer insurers looking to underwrite NIL collectives.

  • Opinion

    Legal Institutions Must Warn Against Phony Election Suits

    Author Photo

    With two weeks until the election, bar associations and courts have an urgent responsibility to warn lawyers about the consequences of filing unsubstantiated lawsuits claiming election fraud, says Elise Bean at the Carl Levin Center for Oversight and Democracy.

  • 5th Circ. DOL Tip Decision May Trigger Final 80/20 Rule Fight

    Author Photo

    A recent Fifth Circuit decision concerning a Labor Department rule that limits how often tipped employees can be assigned non-tip-producing duties could be challenged in either historically rule-friendly circuits or the Supreme Court, but either way it could shape the future of tipped work, says Kevin Johnson at Johnson Jackson.

  • How Cos. Can Build A Strong In-House Pro Bono Program

    Author Photo

    During this year’s pro bono celebration week, companies should consider some key pointers to grow and maintain a vibrant in-house program for attorneys to provide free legal services for the public good, says Mary Benton at Alston & Bird.

  • Insights On NLRB General Counsel's New 'Stay-Or-Pay' Memo

    Author Photo

    Attorneys at Davis Wright discuss the National Labor Relations Board general counsel's new memorandum on employer “stay-or-pay” policies and noncompete agreements, and explain key takeaways concerning the proposed financial remedies, prosecution framework and more.

  • Series

    Home Canning Makes Me A Better Lawyer

    Author Photo

    Making my own pickles and jams requires seeing a process through from start to finish, as does representing clients from the start of a dispute at the Patent Trial and Appeal Board through any appeals to the Federal Circuit, says attorney Kevin McNish.

  • How To Avoid Risking Arbitration Award Confidentiality In NY

    Author Photo

    Though a Second Circuit decision last year seemed to create a confidentiality safe harbor for arbitration awards that had no ongoing compliance issues, a recent New York federal court ruling offers further guidance on the meaning of "ongoing compliance issues," says Matthew Iverson at Nelson Mullins.

  • Next Steps For FCA Defendants After Fla. Qui Tam Ruling

    Author Photo

    Because a Florida federal court's recent decision in Zafirov v. Florida Medical Associates could eventually prove to be a watershed event for False Claims Act suits, defendants should consider potential next steps to ensure that their litigation benefits from the court's reasoning and further developments, says Scott Gallisdorfer at Bass Berry.

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!