Employment

  • October 21, 2024

    Arthur Blank's Paramours Forced Unpaid OT, Ex-Workers Say

    The family office of Home Depot co-founder Arthur Blank, who owns the Atlanta Falcons and Atlanta United FC, has been sued by two former employees who allege they were forced to work long hours due to the retention of "incompetent" employees who had sexual relationships with Blank and others, and were then denied overtime.

  • October 21, 2024

    Justices Turn Away Ex-Raytheon Workers' Vaccine Bias Suit

    The U.S. Supreme Court declined Monday to review the dismissal of a lawsuit alleging Raytheon Technologies Corp. harassed and forced out employees who received religious exemptions from its COVID-19 vaccine policy, despite workers' assertion that the Ninth Circuit applied erroneously narrow standards.

  • October 21, 2024

    Paul Hastings Adds Baker McKenzie Employment Team In NY

    Paul Hastings LLP said Monday that it has landed a top-tier, four-partner employment litigation team in New York from Baker McKenzie LLP to strengthen its East Coast practice.

  • October 18, 2024

    Law360 MVP Awards Go To Top Attys From 74 Firms

    The attorneys chosen as Law360's 2024 MVPs have distinguished themselves from their peers by securing hard-earned successes in high-stakes litigation, complex global matters and record-breaking deals.

  • October 18, 2024

    Employment Authority: 500th Starbucks Unionizes

    Law360 Employment Authority covers the biggest employment cases and trends. Catch up this week with coverage on a look at the 500th Starbucks successful unionization efforts, tips for employers to get ready for the second salary increase for the Fair Labor Standards Act's overtime exemption and a look at California's law preserving the intersectionality in its anti-discrimination laws. 

  • October 18, 2024

    Fired SF Rail Workers Win First Phase Of Vax Mandate Trial

    A California federal jury on Friday ruled that the Bay Area Rapid Transit District didn't prove it tried to accommodate six unvaccinated employees the agency fired during the COVID-19 pandemic, pushing the trial to a second phase over whether the workers had a "sincerely held" religious belief against being vaccinated.

  • October 18, 2024

    Ex-GOP Candidate Says Air Force's Doc Release Damaged Her

    Former Republican congressional candidate Jennifer-Ruth Green has urged a District of Columbia federal judge to deny the U.S. Air Force's bid to throw out her lawsuit accusing it of illegally disclosing her confidential military records, saying she has the right to sue under the Privacy Act.

  • October 18, 2024

    FTC Appeals Noncompete Ban Loss To 5th Circ.

    The Federal Trade Commission gave notice Friday that it would seek Fifth Circuit intervention against a Texas federal judge's decision to block its ban on employment noncompete agreements.

  • October 18, 2024

    Ex-Detainees Say Co. Can't Escape ICE Forced Labor Case

    Former detainees of a Georgia immigration detention center are asking a federal judge not to let the private prison company that owned the facility out of a lawsuit accusing it of forcing them to work for as little as $1 a day.

  • October 18, 2024

    Wash. AG Must Face Christian Org.'s Suit Against Bias Law

    A Washington federal judge won't toss a Christian nonprofit's lawsuit challenging the state's antidiscrimination law, saying the dispute is not entirely resolved by the state attorney general's recent pledge not to go after the organization for hiring only Christians for two open positions.

  • October 18, 2024

    Spirit AeroSystems Furloughs 700 As Boeing Strike Endures

    Boeing Co. supplier Spirit AeroSystems Inc. said Friday that it will furlough 700 employees for three weeks to save costs as Boeing's production lines have ground to a halt amid a prolonged labor standoff with the International Association of Machinists and Aerospace Workers.

  • October 18, 2024

    Biotech Co. Wins Injunction Against Ex-Worker In Secrets Suit

    Biotech startup Trilobio Inc. won a temporary restraining order against a former employee after a California federal judge concluded the company has a strong likelihood of success on its claims that the worker stole trade secrets to start his own business after being fired for poor performance.

  • October 18, 2024

    Fake 'Hollywood Reporter' Scams Job Seekers, Mass. AG Says

    Scammers posing as the publishers of entertainment industry trade publication The Hollywood Reporter created an impostor website to lure job seekers into a cryptocurrency fraud scheme, the Massachusetts attorney general alleged in a complaint Friday.

  • October 18, 2024

    Chamber Of Commerce Seeks Stay Of H-2A Rule For Harvest

    The U.S. Chamber of Commerce pushed a Mississippi federal court to stay a policy allowing H-2A migrant farmworkers to organize, saying its members can't risk being penalized under the policy while the Chamber challenges the rule's legality.

  • October 18, 2024

    Delivery Co. Will Pay $2.7M To Settle NJ Misclassification Suit

    A Maryland-based delivery company has reached a $2.75 million settlement with New Jersey regarding the misclassification of workers as independent contractors rather than employees, state officials announced Friday.

  • October 18, 2024

    Walmart Fired Managers Who Fought Biased Hiring, Suit Says

    Walmart fired two managers in retaliation for their persistent complaints about discriminatory hiring practices at an Atlanta-area fulfillment center, the pair have told a Georgia federal judge, alleging they were told not to hire or be "quick to fire" people who seemed "too Black," "too ethnic" or "overtly gay."

  • October 18, 2024

    Connecticut Bus Drivers Settle Disability Bias Claims

    A Connecticut Department of Transportation contractor and three Black bus drivers have settled a federal lawsuit in which the drivers alleged that they experienced retaliation after suffering allergic reactions to disinfectants that were used to clean the vehicles during the COVID-19 pandemic.

  • October 18, 2024

    Class Status Sought For Sex Bias Suit Over Layoffs At X

    A suit alleging X targeted women in layoffs after Elon Musk bought the company should move forward as a class action because hundreds of women were impacted by sexist decision-making, a former employee for the company once known as Twitter argued in California federal court

  • October 18, 2024

    LinkSquares Sued For Denying OT To Legal Tech Sales Reps

    A former sales employee has filed an overtime class action alleging his former employer, Boston-based legal tech company LinkSquares Inc., misclassified inside sales staff as exempt from overtime pay in violation of federal and state wage laws.

  • October 18, 2024

    Off The Bench: Wemby Suit, Antitrust Fights In NASCAR, MMA

    In this week's Off The Bench, NBA superstar Victor Wembanyama sues over illicit merchandise bearing his likeness, while antitrust litigation rocks NASCAR and mixed martial arts promotion Bellator.

  • October 18, 2024

    NY State Court System Escapes Ex-Employee's Bias Suit

    A federal judge has given the New York State Unified Court System a summary judgment win in a bias suit filed by a former court clerk who is a Hindu, ruling that the ex-employee didn't show that religious discrimination was a motive for denying her leave or her firing.

  • October 18, 2024

    Seton Hall Fights Moving Ex-Prez's Suit Over Law Clerk Ties

    Seton Hall University has urged a New Jersey Superior Court judge to undo an order transferring a whistleblower suit by its former president out of Essex County because of a supposed conflict of interest involving the law clerk daughter of one of the defendants.

  • October 18, 2024

    Campbell's Health Plan Can't Charge Tobacco Fee, Suit Says

    Campbell Soup Co. is violating federal benefits law by making workers who use tobacco pay more for health insurance because it doesn't offer a wellness program or comparable alternative, according to a proposed class action in New Jersey federal court.

  • October 18, 2024

    Steptoe & Johnson Lands Clark Hill Employment Duo In Texas

    Steptoe & Johnson PLLC has grown its labor and employment offerings in Texas with the addition of two attorneys from Clark Hill PLC.

  • October 18, 2024

    Pizzeria, Driver's Biz Expense Deal Approved On 2nd Try

    A pizzeria and a former delivery driver for the business secured court approval for a settlement of the worker's wage suit over business expense reimbursements, as a Georgia federal judge found the deal passed muster now that it no longer involved "impermissible and unfair concessions."

Expert Analysis

  • What's Next After NLRB Ruling On Overbroad Noncompetes

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    If the National Labor Relations Board's recent ruling on noncompete provisions and its extension of Section 7 rights to limit noncompetes is adopted, this interpretation of the National Labor Relations Act will have to survive scrutiny by the courts without the deference previously afforded under the U.S. Supreme Court's recent overturning of Chevron, say attorneys at Littler.

  • Think Like A Lawyer: Dance The Legal Standard Two-Step

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    From rookie brief writers to Chief Justice John Roberts, lawyers should master the legal standard two-step — framing the governing standard at the outset, and clarifying why they meet that standard — which has benefits for both the drafter and reader, says Luke Andrews at Poole Huffman.

  • Recent Settlement Shows 'China Initiative' Has Life After Death

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    Though the U.S. Department of Justice shuttered its controversial China Initiative two years ago, its recent False Claims Act settlement with the Cleveland Clinic Foundation demonstrates that prosecutors are more than willing to civilly pursue research institutions whose employees were previously targeted, say attorneys at Benesch.

  • How Calif. Ruling Alters Worker Arb. Agreement Enforcement

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    The California Supreme Court’s recent ruling in Ramirez v. Charter Communications should caution employers that while workers’ arbitration agreements will no longer be deemed unenforceable based on their number of unconscionable provisions, they must still be fair and balanced, says Sander van der Heide at CDF Labor.

  • Congress Quietly Amends FEPA: What Cos. Should Do Now

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    Last week, Congress revised the Foreign Extortion Prevention Act — passed last year to criminalize demand-side foreign bribery — to address inconsistencies and better harmonize the law with the Foreign Corrupt Practices Act, and companies should review their compliance programs accordingly, say Mark Mendelsohn and Benjamin Klein at Paul Weiss.

  • How First-Of-Its-Kind NIL Lawsuit Is Shaping College Athletics

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    College quarterback Jaden Rashada's recent fraudulent inducement allegations filed against the University of Florida’s head football coach in Florida federal court provide a glimpse into how universities and collectives are navigating novel name, image and likeness issues, and preview potential future legal challenges these institutions may face, say attorneys at O'Melveny.

  • CFTC Action Highlights Necessity Of Whistleblower Carveouts

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    The U.S. Commodity Futures Trading Commission's novel settlement with a trading firm over allegations of manipulating the market and failing to create contract carveouts for employees to freely communicate with investigators serves as a beacon for further enforcement activity from the CFTC and other regulators, say attorneys at Davis Wright.

  • Series

    Being A Luthier Makes Me A Better Lawyer

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    When I’m not working as an appellate lawyer, I spend my spare time building guitars — a craft known as luthiery — which has helped to enhance the discipline, patience and resilience needed to write better briefs, says Rob Carty at Nichols Brar.

  • Defending Against Aggressive DOL Child Labor Enforcement

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    The U.S. Department of Labor's recent unsuccessful injunction against an Alabama poultry facility highlights both the DOL's continued focus on child labor violations and the guardrails and defenses that employers can raise, say attorneys at Littler.

  • Lead Like 'Ted Lasso' By Embracing Cognitive Diversity

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    The Apple TV+ series “Ted Lasso” aptly illustrates how embracing cognitive diversity can be a winning strategy for teams, providing a useful lesson for law firms, which can benefit significantly from fresh, diverse perspectives and collaborative problem-solving, says Paul Manuele at PR Manuele Consulting.

  • 2 Lessons From Calif. Overtime Wages Ruling

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    A California federal court's recent decision finding that Home Depot did not purposely dodge overtime laws sheds light on what constitutes a good faith dispute, and the extent to which employers have discretion to define employees' workdays, says Michael Luchsinger at Segal McCambridge.

  • Questions Remain After 3rd Circ.'s NCAA Amateurism Ruling

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    The Third Circuit's recent holding that college athletes can be considered employees under the FLSA adds to the trend of student-athletes obtaining new legal status in collegiate athletics, but leaves key questions unanswered, including how the economics of the decision will be applied, say attorneys at Reed Smith.

  • Justices' Starbucks Ruling May Limit NLRB Injunction Wins

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    The U.S. Supreme Court’s recent decision in Starbucks v. McKinney, adopting a more stringent test for National Labor Relations Board Section 10(j) injunctions, may lessen the frequency with which employers must defend against injunctions alongside parallel unfair labor practice charges, say David Pryzbylski and Colleen Schade at Barnes & Thornburg.

  • Class Actions At The Circuit Courts: July Lessons

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    In this month's review of class action appeals, Mitchell Engel at Shook Hardy considers cases touching on pre- and post-conviction detainment conditions, communications with class representatives, when the American Pipe tolling doctrine stops applying to modified classes, and more.

  • Biden Policy Gives Employers New Ways To Help Dreamers

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    A new Biden administration immigration policy makes the process more predictable for Deferred Action for Childhood Arrivals recipients to seek employment visas, and, given uncertainties surrounding DACA’s future, employers should immediately determine which of their employees may be eligible, says Jennifer Kim at Moore & Van Allen.

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