Employment

  • March 03, 2025

    Sgt. Fired While On Leave For Amputation Nabs $400K Verdict

    A federal jury decided that a Tennessee county owes a former sergeant nearly $400,000 after it found he was fired from a sheriff's office for taking medical leave to have his leg amputated because of his diabetes.

  • March 03, 2025

    Former X Exec Says Sanctions Not Warranted In Bonus Fight

    A former X Corp. executive urged a California federal court to reject his former employer's bid to sanction him for filing a "frivolous" class certification motion in his unpaid bonuses lawsuit, saying the company refused to let him modify his filing or dismiss his claims.

  • March 03, 2025

    Saul Ewing Wants Out Of Home Care Co. Asset Transfer Suit

    Saul Ewing LLP told a Pennsylvania state court that merely being an "accessory" to a family accused of hiding assets from potential judgment wasn't enough to sustain a claim against the law firm under the Pennsylvania Uniform Voidable Transfers Act, since the law only allows claims against "transferees."

  • March 03, 2025

    Accounting Firm Wants Out Of Fired Credit Union CEO's Suit

    A Connecticut credit union's former chief executive officer has no standing to sue accounting firm Whittlesey PC after following its financial advice allegedly got him fired because he was never its client to begin with, according to a dismissal bid the firm filed in state court.

  • March 03, 2025

    Fed. Circ. Says OPM Reg On Entry-Level Workers' OT Is Valid

    The Office of Personnel Management's regulation denying overtime pay for federal employees undergoing training is valid, the U.S. Court of Appeals for the Federal Circuit ruled Monday, sending an FBI analyst's overtime suit back to the Court of Federal Claims.

  • March 03, 2025

    Ex-Paxton Aides Say More Evidence Needed Before Judgment

    Four of Texas Attorney General Ken Paxton's former deputies have asked an Austin court to allow them to present more evidence in their 2020 employment retaliation suit, writing that his office was "trying to backtrack" its assertion that it wouldn't contest the case.

  • March 03, 2025

    Justices Turn Away Christian Worker Who Panned Pride Flag

    The U.S. Supreme Court refused Monday to review the dismissal of a suit brought by a Christian worker who said he was unlawfully fired by a metal manufacturer after calling a Pride month rainbow on the company's website an "abomination."

  • March 03, 2025

    Justices Evade Circuit Split On Student Speech, Thomas Says

    The U.S. Supreme Court declined Monday to wade into a free speech advocacy group's suit challenging Indiana University's processes for reporting and investigating controversial speech, but Justice Clarence Thomas complained that the high court missed a chance to address a circuit split over student challenges to schools' "bias response teams."

  • March 03, 2025

    Justices Turn Down Suit By Worker Fired Over Online Post

    The U.S. Supreme Court said Monday it would not review a Sixth Circuit decision holding that a former CSX Transportation Inc. engineer waited too long to try to revive his wrongful termination suit stemming from an online post he made about a fatal train accident.

  • March 02, 2025

    WH Appeals After Watchdog Chief Is Permanently Reinstalled

    A D.C. federal judge ruled Saturday that President Donald Trump's firing of the head of the Office of Special Counsel was illegal, finding that the federal employment watchdog can only be ousted for cause.

  • February 28, 2025

    CFPB Endgame Is Just 'Five Men And A Phone,' Filings Allege

    Current and former Consumer Financial Protection Bureau employees alleged in D.C. federal court filings that the Trump administration is much more aggressively trying to gut the agency than it has let on, warning it has already damaged vital functions.

  • February 28, 2025

    Employment Authority: High Court Majority-Bias Case Effects

    Law360 Employment Authority covers the biggest employment cases and trends. Catch up this week with how a possible U.S. Supreme Court decision easing the path for plaintiffs belonging to majority groups could create the "perfect storm" for litigation, a look at the cases challenging U.S. Department of Labor rules that are currently on hold after the new Trump administration took office, and how the striking energy is set to continue. 

  • February 28, 2025

    OPM Tells Agencies To Give On-The-Clock Union Task Info

    The U.S. Office of Personnel Management's acting director instructed federal agency heads to submit information about the official time unionized workers spent negotiating, handling grievances and engaging in labor-management relations, issuing the memorandum to carry out President Donald Trump's aim of restoring "efficiency and accountability" in the government.

  • February 28, 2025

    'Not So': Trump Says Wilcox Firing Case Won't Ax Humphrey's

    A D.C. federal judge should reject former National Labor Relations Board member Gwynne Wilcox's claim that the Trump administration is trying to ax landmark U.S. Supreme Court precedent, President Donald Trump and board Chairman Marvin Kaplan argued Friday, saying they only want the decision properly applied.

  • February 28, 2025

    Calif. Justices Revive Yacht Club Worker's Injury Suit

    The California Supreme Court has revived a suit brought by a yacht club maintenance worker seeking to hold his employer liable for his workplace injuries under federal maritime law, saying the law preempts California's workers' compensation statute.

  • February 28, 2025

    8th Circ. Backs Auto Co. Exec's Win In $5M Benefits Suit

    The Eighth Circuit declined Friday to overturn a former chief operating officer's win in his lawsuit accusing an automotive company of reneging on the terms of his deferred compensation plan when he left the firm, saying the company can't rely on nonexistent documents to deny his claim to the funds.

  • February 28, 2025

    Trump Admin Cuts Raise Trade Secret Security Concerns

    As the Trump administration reduces the size of the federal government, intellectual property attorneys are expressing concerns about the continued safeguarding of trade secrets that companies are required to disclose to certain agencies.

  • February 28, 2025

    5 Argument Sessions Benefits Attys Should Watch In March

    The Ninth Circuit will mull Express Scripts and OptumRx's bid to force a public nuisance suit brought by the state of California into federal court, and the Second Circuit will hear from pensioners who say that IBM's use of outdated mortality tables shrank their benefits payouts. Here, Law360 looks at these and other appellate arguments happening in March that should be on benefits lawyers' radar.

  • February 28, 2025

    Trafficking Claims Against Marriott Should Go On, Judge Says

    A Colorado federal judge said Thursday that a Mexican national has plausibly alleged Marriott engaged in a bait-and-switch scheme at its St. Regis Hotel in Aspen to procure his labor under false pretenses, recommending that half of his claims proceed in the litigation.

  • February 28, 2025

    Kraft Heinz Beats Ex-R&D Worker's Vaccine Bias Claims

    A former Kraft Heinz research and development manager cannot go to trial over claims the company discriminated against her religious beliefs by rejecting her COVID-19 exemption request, with an Illinois federal judge saying on Friday her concerns were not religious in nature.

  • February 28, 2025

    2nd Circ. Revives Electrical Worker's Union Pension Fight

    An electrical worker can try again to argue that two trustees of his union pension fund violated the Employee Retirement Income Security Act by paying themselves over $1 million in compensation from the fund's assets, with the Second Circuit ruling Friday that the worker has standing to sue.

  • February 28, 2025

    CVS, Catholic Nurse Settle Bias Suit Over Contraceptive Care

    CVS Health Corp. agreed to settle a former nurse's lawsuit alleging the company unlawfully tried to force her to provide contraceptive care to patients in violation of her Catholic beliefs, according to filings in Florida federal court.

  • February 28, 2025

    Presidents v. Courts: Lincoln, Trump & Judicial Power Limits

    Amid fears of President Donald Trump disobeying judges with impunity, debate has focused on famous instances of officials defying the U.S. Supreme Court. But some of the clearest insights into America's handling of White House disregard for courts exist in relatively obscure cases from the Civil War era, when unprecedented presidential actions provoked extraordinary responses from the judiciary — and underscored the limits of its powers.

  • February 28, 2025

    Steakhouse Workers Score Collective Cert. In Tips Row

    Servers and bartenders claiming that a steakhouse known for its 72-ounce steak challenge cheated them out of tips and didn't reimburse them for their uniforms can move forward as a collective, a Texas federal judge ruled, while saying the limitation period clock will start ticking later.

  • February 28, 2025

    Advocates Step Up After EEOC About-Face On Gender Identity

    Two nonprofits taking up gender identity discrimination cases that the U.S. Equal Employment Opportunity Commission is abandoning offers a preview of the role that advocacy organizations will play defending transgender workers as the Trump administration attacks their rights, experts said.

Expert Analysis

  • Series

    Gardening Makes Me A Better Lawyer

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    Beyond its practical and therapeutic benefits, gardening has bolstered important attributes that also apply to my litigation practice, including persistence, patience, grit and authenticity, says Christopher Viceconte at Gibbons.

  • How Trump's 2nd Term May Alter The Immigration Landscape

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    Rhetoric from Donald Trump's campaign and his choice of hardline appointees indicate that a more restrictive and punitive approach to immigration is in our immediate future, especially in areas like humanitarian relief, nonimmigrant visa processing, and travel and green card eligibility, says John Quill at Mintz.

  • Litigation Inspiration: Reframing Document Review

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    For attorneys — new ones especially — there is much fulfillment to find in document review by reflecting on how important, interesting and pleasant it can be, says Bennett Rawicki at Hilgers Graben.

  • 7th Circ. Travel Time Ruling Has Far-Reaching Implications

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    In a case of first impression, the Seventh Circuit’s recent holding in Walters v. Professional Labor Group will have significant implications for employers that must now provide travel time compensation for employees on overnight assignments away from home, says Anthony Sbardellati at Akerman.

  • Pa. Ruling Highlights Challenges Of Employer Arb. Appeals

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    A Pennsylvania federal court's recent ruling in Welch Foods v. General Teamsters Local Union No. 397 demonstrates the inherent difficulties employers face when seeking relief from labor arbitration decisions through appeals in court — and underscores how employers are faced with often conflicting legal priorities, says Daniel Johns at Cozen O'Connor.

  • 7 Ways To Prepare For An I-9 Audit Or Immigration Raid

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    Because immigration enforcement is likely to surge under the upcoming Trump administration, employers should take steps to ensure their staff is trained in employment eligibility verification requirements and what to do in the event of an Immigration and Customs Enforcement I-9 audit or workplace raid, say attorneys at Littler.

  • Args In 2 High Court Cases May Foretell Clarity For Employers

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    Mary Anna Brand at Maynard Nexsen examines possible employment implications of two cases argued before the Supreme Court this fall, including a higher bar for justifying employees as overtime exempt under the Fair Labor Standards Act, and earlier grants of prevailing party status for employee-plaintiffs seeking attorney fees.

  • California Supreme Court's Year In Review

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    Attorneys at Horvitz & Levy highlight notable decisions on major questions from the California Supreme Court's last term, including voter initiatives, hostile work environment and the economic loss rule.

  • Disentangling Various Forms Of Workplace Discrimination

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    Pay inequity can be missed where it exists and misidentified due to incorrect statistics, leaving individuals to face multiple facets of discrimination connected by a common root cause, meaning correct identification and measurement is crucial, says Daniel Levy at Advanced Analytical.

  • What Lawyers Can Learn From High School AI Suit

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    A pending Massachusetts lawsuit regarding artificial intelligence use in an academic setting underscores the need for attorneys to educate themselves on AI technology and tools that affect their clients so they can advise on establishing clear expectations and limits around the permissible use of AI, say attorneys at Hinckley Allen.

  • Calif. Ruling May Shield Public Employers From Labor Claims

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    In Stone v. Alameda Health System, the California Supreme Court recently exempted a county hospital from state-mandated rest breaks and the Private Attorneys General Act, granting government employers a robust new bulwark against other labor statutes by undermining an established doctrine for determining if a law applies to public entities, say attorneys at Hunton.

  • Best Practices For Effective Employee Assistance Programs

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    Employee assistance programs can be a powerful tool for establishing health and wellness initiatives in workplaces, and certain implementation steps can help both employers and workers gain maximum benefit from EAPs, say attorneys at Foley & Lardner.

  • Series

    Flying Makes Me A Better Lawyer

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    Achieving my childhood dream of flying airplanes made me a better lawyer — and a better person — because it taught me I can conquer difficult goals when I leave my comfort zone, focus on the demands of the moment and commit to honing my skills, says Ivy Cadle at Baker Donelson.

  • 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.

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