Employment

  • September 18, 2026

    Split 7th Circ. Rejects NLRB's Bid To Reinstate Union

    A split Seventh Circuit panel on Friday upheld a decision denying the National Labor Relations Board's bid to reinstate a truck-seller's union, with the majority finding that the union hasn't shown irreparable harm justifying such "extraordinary relief," while a dissenting judge criticized the majority for making harm nearly impossible to show.

  • September 18, 2026

    Newsom Convenes AI Safety Panel To Mull 'Kill Switch' Law

    California Gov. Gavin Newsom on Friday ordered the prompt creation of an artificial intelligence safety panel to hasten the implementation of various potential AI safety and security laws, including a proposed measure that would require companies to develop a "kill switch" for their AI models.

  • September 18, 2026

    Employment Authority: Blizzard Inks Labor Deal With Union

    Law360 Employment Authority covers the biggest employment cases and trends. Catch up this week with coverage on the potential impact Blizzard Entertainment's new labor contract with a union could have in the video game industry, mass arbitration demands filed in wage and hour disputes and recent legislative developments in state discrimination laws.

  • September 18, 2026

    7th Circ. Skeptical Of Bid To Block Ill. 'Captive Audience' Ban

    Two interest groups asking the Seventh Circuit to revive their challenge to an Illinois law banning captive audience meetings by employers faced pointed questions Friday about whether the law has injured them at all, with one judge saying their suit is based on a "series of ifs."

  • September 18, 2026

    Excavation Co. Off The Hook For Fund Payment, Judge Says

    A Chicago-area excavation company has dodged an obligation to pay about $182,000 to an International Union of Operating Engineers local's scholarship fund, with an Illinois federal judge ruling Friday that a 2023 arbitration award can't be enforced against the company.

  • September 18, 2026

    Employers See Moving Targets With H-1B Fee, And New Limits

    The Trump administration on Friday ordered federal agencies to scrutinize H-1B employers that have laid off U.S. workers, adding another layer of uncertainty for employers seeking to recruit highly skilled foreign workers.

  • September 18, 2026

    9th Circ. Asks Wash. Justices About Indirect Employer Claims

    A Ninth Circuit panel has asked the Washington State Supreme Court to clarify whether the state's law permits common law wrongful firing claims against indirect employers and certain individuals, saying the answers are key to assessing a former solar company CFO's claim he was unjustly ousted by a private equity backer.

  • September 18, 2026

    Justices Told Inventorship Decision Will Have 'Absurd Result'

    A fencing company wants the U.S. Supreme Court to take up its challenge to a Federal Circuit finding that the omission of a co-inventor on its patents covering an outdoor railing product rendered them invalid in an infringement suit against a rival.

  • September 18, 2026

    Church Head Says Jury Can't Weigh Hell Fears In Labor Case

    A church leader says U.S. Supreme Court precedent bars a Michigan federal jury from deciding if fear of eternal damnation motivated her parishioners to perform forced labor and urged a Michigan federal judge Thursday to bar the government from using this line of argument in the forced labor and money laundering suit against Kingdom of God Global Church.

  • September 18, 2026

    Apple Says Ex-Worker Took 33 Files, Wiped Mac For OpenAI

    Apple has told a California federal judge that a former engineer now at OpenAI downloaded at least 33 confidential files from Apple's Box repository after his departure, wiped an Apple-owned computer before returning it, and later told another former Apple employee who had joined OpenAI to erase her device.

  • September 18, 2026

    CIA Officers Urge 4th Circ. To Reject DEI Firings Rehearing

    Career intelligence officers fighting their terminations following the Trump administration's anti-DEI executive orders told the Fourth Circuit Thursday that there's no point in granting an en banc rehearing of a panel's order allowing them to internally appeal the firings, arguing the panel's ruling has limited application beyond their own case.

  • September 18, 2026

    Dems Seek Probe Of Suspect Comments On DOL Proposal

    A trio of Democratic lawmakers urged the federal government to open a probe into reports that a U.S. Department of Labor proposal to expand retirement plans' access to alternative investments was flooded with fake comments, asserting the allegations raise questions about whether the public comment process has been corrupted.

  • September 18, 2026

    Wayne State Beats Doctor's Race Bias Suit Over Chair Job

    A Michigan federal judge tossed a Black physician's discrimination and retaliation lawsuit against Wayne State University and several officials over his unsuccessful bid to become permanent chair of the medical school's obstetrics and gynecology department, finding that he never formally applied for the job.

  • September 18, 2026

    JPMorgan Likely Can't Void Arbitration Loss Over Food Platter

    A California federal judge has said he is unlikely to vacate an arbitration panel's decision awarding a wealth manager $4.25 million from a JPMorgan Chase & Co. subsidiary, saying that although he finds the panel's award "exceptionally questionable," it doesn't meet the standard for the court to undo the decision.

  • September 18, 2026

    Patent Atty Can't Stop His USPTO Discipline Case

    An Ohio federal court rejected a patent attorney's suit looking to stop U.S. Patent and Trademark Office disciplinary proceedings against him, saying Friday that he misread a "plain, unambiguous and easily understood" statute in making his failed constitutional challenge.

  • September 18, 2026

    RI Judge Pulls Plug On EPA's $7B Solar Program Termination

    A Rhode Island federal judge on Friday vacated the Trump administration's decision to cancel a $7 billion solar program for low-income households, ruling that the U.S. Environmental Protection Agency lacked authority to terminate grant funding previously awarded.

  • September 18, 2026

    Conn. Town Beats Firefighter's Appeal In Pot-Use Firing Suit

    A Connecticut appellate panel declined Friday to reverse a firefighter's loss in a lawsuit he brought against the town of Waterbury after he was fired for using medical marijuana, holding that his challenge to a state court's posttrial dismissal was inadequately briefed.

  • September 18, 2026

    Swift Seeks To Narrow Truckers' OT Class Over Rest Time

    A trucking company has asked a Washington federal court to clarify that truck drivers certified to pursue overtime claims cannot also pursue a separate theory that rest and sleeper berth time is compensable, arguing the theory was never included in the lawsuit or addressed when the court certified the class.

  • September 18, 2026

    11th Circ. Won't Revive Bias Suit Against Lockheed Martin

    The Eleventh Circuit on Friday refused to revive a former employee's discrimination suit against Lockheed Martin, saying a lower court rightly tossed the case after the worker failed to comply with discovery obligations and multiple court orders.

  • September 18, 2026

    Mass. Court Upholds Troopers' Firings Under Vax Order

    Massachusetts' intermediate appellate court on Friday affirmed the firings of 13 state police troopers who failed to get COVID-19 vaccinations in 2021, finding that disciplinary decisions were not subject to an arbitration clause in their union contract.

  • September 18, 2026

    Reed Smith Defends Docs Production In Ex-Atty's Bias Suit

    Reed Smith LLP urged a New Jersey court on Thursday to reject an "impulsive" motion from a former attorney suing it for gender discrimination seeking to strike its answer and affirmative defenses.

  • September 18, 2026

    Court Rules Doctor's Burnout Not Disability Under ADA

    A Colorado federal court dismissed a radiation oncologist's disability discrimination suit against a Catholic health system, finding his burnout did not qualify as a disability under federal law and that he failed to show the hospital's stated reasons for withdrawing his job offer were pretextual.

  • September 18, 2026

    Construction Co. Settles EEOC Suit Over Sex Contract

    A home improvement company has settled a U.S. Equal Employment Opportunity Commission suit alleging it unlawfully fired an office manager after she refused to sign a "dominant/submissive contract" given to her by an executive, according to a filing in North Carolina federal court.

  • September 17, 2026

    Crowell & Moring Hires Employment Atty From Ballard Spahr

    Crowell & Moring announced Thursday that it has hired a former Ballard Spahr lawyer to join its labor and employment group, bringing years of experience handling wage-and-hour class actions and other complex employment-related issues on behalf of some of the biggest companies in the country.

  • September 17, 2026

    Appeals Court Skeptical Biz Court Is Wrong Place For Perot Suit

    Texas appellate judges seemed skeptical Thursday of a Dallas businessman's claim that the Texas Business Court doesn't have jurisdiction over his multimillion-dollar suit against Ross Perot Jr., saying the money at stake seems to make the case a fit for the Business Court.

Expert Analysis

  • Expert Witness's ChatGPT Use Highlights New AI Risks

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    An expert witness's recent use of ChatGPT in multidistrict litigation involving 3M to formulate most of his opinion illustrates the lack of clear rules for how an expert may use generative AI in an opinion, expanding both offensive and defensive discovery considerations, says David Shargel at Bracewell.

  • The Future Of DOL Judge Removal Challenges After Slaughter

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    The U.S. Supreme Court's recent ruling in Trump v. Slaughter calls into question whether U.S. Department of Labor administrative law judges exercising significant governmental authority remain insulated from presidential removal, but the answer depends on the governing statute, its severability provisions and other factors, says Mark Ishu at Conn Maciel.

  • 2nd Circ. Ruling Lays Out Administrative Right-Of-Access Blueprint

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    In Civil Rights Corps v. LaSalle, the Second Circuit recently held that the First Amendment dictates a presumptive right of access to sealed attorney grievance proceedings, providing a framework for challenging other administrative regimes that operate behind closed doors, says Jonathan Ginsberg at Carlton Fields.

  • How Rogue AI May Shape Corporate Liability, Responsibility

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    Recent artificial intelligence cyber incidents offer a window into how companies deploying autonomous systems should document risk controls even when systems exceed their intended boundaries, as jurors may treat unexpected AI conduct as foreseeable evidence of inadequate safeguards, says Jorge Monroy at Verdict Insight Partners.

  • Meta Layoff Suit Serves As Early Test Of AI Bias Claims

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    A lawsuit in California federal court alleging that Meta's use of artificial intelligence in recent layoffs negatively affected employees on protected leave provides insight for plaintiffs about what evidence to preserve and how to build these discrimination claims, says Manny Starr at Frontier Law Center.

  • 11th Circ. FCA Qui Tam Revival Queues Up Next Challenges

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    Though the Eleventh Circuit on Sept. 1 upheld the constitutionality of the False Claims Act's qui tam provision, it will probably face continued litigation since the appellate court declined to rule on other constitutional challenges and the decision will likely be petitioned to the U.S. Supreme Court, say attorneys at Sheppard.

  • Series

    Ballet Makes Me A Better Lawyer

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    A lifetime of learning and performing ballet taught me that success — whether in dance or practicing law — comes only through hours of thorough preparation, boundless energy and relentless effort, says Sharon Katz-Pearlman at Greenberg Traurig.

  • AI Prompt-Injection Hacking Creates Emerging Legal Risks

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    Last month, the first decision sanctioning a prompt-injection attack aimed at a U.S. court highlights the risks that this tactic — attempting to manipulate artificial intelligence systems by hiding invisible instructions in a document — poses for trade secrets, patent prosecution and other areas, say attorneys at Kilpatrick.

  • Rejection Of NLRB Successor Bar Renews An Employer Tool

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    Although the D.C. Circuit's recent ruling in Hospital Menonita v. National Labor Relations Board does not allow purchasers to disregard incumbent unions, employers acquiring a unionized business have regained a tool to challenge a union's majority support, say attorneys at Bass Berry.

  • NY Ethics Opinion Warns Attys On Qui Tam Deception

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    A recent New York State Bar Association ethics opinion cautions that counsel representing whistleblowers may not induce, supervise or facilitate a client's deceptive prefiling investigations, creating a potential vulnerability for qui tam complaints built on questionable evidence-gathering methods, say attorneys at Sidley.

  • New F-1 Rule Will Cloud Day 1 Practical Training Backup Plans

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    A new F-1 visa rule scheduled to take effect Sept. 15 could significantly affect employers of international students by replacing duration of status with fixed admission periods and making curricular practical training a less predictable retention option, says Dillon Colucci at Greenberg Traurig.

  • Tackling DOL Tips On When Midday Commutes Are Paid Time

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    Two recent U.S. Department of Labor opinion letters explain when travel between home and work is compensable, providing wage compliance guidance to employers that want to offer flexible work schedules, and establishing clearer rules as litigation over travel time compensability heats up, say attorneys at Jackson Lewis.

  • 9th Circ. Wage Ruling Shows Arbitration Pacts Are Still Useful

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    After years of uncertainty for California employers, the Ninth Circuit’s recent Cocom v. ABM Aviation decision signals that workplace arbitration agreements remain a powerful and enforceable tool — if thoughtfully drafted and employment-focused, says Benjamin Runge at Thompson Coburn.

  • NLRB Ruling Highlights Risk From Employee Handbook Test

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    A National Labor Relations Board judge's recent decision to strike down a workplace rule that only theoretically inhibited protected employee activity highlights the great risks employers face under the board's 2023 ruling in Stericycle and explains why this strict standard may be rolled back under the newly Republican-majority board, says Daniel Johns at Cozen O'Connor.

  • ERC Filing Deadlines Raise Tax Adviser Liability Risk

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    To minimize their risk, employee retention credit providers and tax advisers should understand that agreements to extend clients’ two-year deadline for challenging disallowances are not effective until the IRS countersigns, and implement an action plan to track filing deadlines and consider other proactive steps, says Michael Williams at CFOMW.

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