Employment

  • July 22, 2024

    Wash. Jury Says Seattle Port Owes Fired Police Chief $24.2M

    A Washington state jury said Monday that the Port of Seattle owes its ex-police chief $24.2 million, capping off a six-week trial on his claims that the port axed him as punishment for complaining about lack of due process in workplace misconduct investigations.

  • July 22, 2024

    Ex-NJ Judge Wants Chief Justice Deposed In Pension Suit

    A former Bergen County Superior Court judge told a New Jersey state court that she must be allowed to depose Chief Justice Stuart Rabner of the New Jersey Supreme Court because he has information about the state's decision to deny her disability benefits application that no one else has.

  • July 22, 2024

    Baker Donelson's 'Growing' Atlanta Office Hires 2 Of Counsel

    Baker Donelson Bearman Caldwell & Berkowitz PC has brought on two attorneys from FordHarrison LLP and Hawkins Parnell & Young LLP to its Atlanta office, strengthening its labor and employment group and its complex litigation and class actions group, the firm announced Monday.

  • July 22, 2024

    US Bank Must Face Post-Stroke Disability Bias Suit

    An Ohio appeals court revived a former U.S. Bank finance director's suit alleging he was denied a more flexible schedule and workspace modifications to help deal with post-stroke impairments, saying a lower court held his complaint to an overly strict standard.

  • July 22, 2024

    1st Circ. Doubts Calif. Law Governs DraftKings Job Fight

    A former DraftKings executive seeking to undo his noncompete contract appeared to make little headway with the First Circuit on Monday as he argued that Massachusetts law should take a backseat in the dispute to California's more worker-friendly statute.

  • July 22, 2024

    Rising Star: Filippatos' Tanvir H. Rahman

    Tanvir Rahman of Filippatos PLLC secured a $12 million settlement for a former Fox News producer who said she was used as a scapegoat during the network's legal battle with Dominion Voting Systems, earning him a spot among the employment law practitioners under age 40 honored by Law360 as Rising Stars.

  • July 22, 2024

    TikTok Says Arbitration Pacts Doom Former Exec's Bias Suit

    TikTok urged a New York federal court to toss a former marketing executive's suit accusing the company of putting her on a "kill list" of employees to push out because she was a woman nearing 50, saying she agreed to arbitrate any employment-related disputes with the company.

  • July 22, 2024

    Ga. Child Therapists Say Employer Cheated Them Out Of Pay

    A Georgia children's therapy provider has not been paying its registered behavior technicians for the time spent working before appointments, traveling, performing administrative work and attending required training sessions, four ex-workers claimed in a proposed collective action in federal court.

  • July 22, 2024

    Ex-DuPont Workers Settle Age Bias Suit Ahead Of Trial

    DuPont has reached a settlement to avoid trial with two former employees who alleged they were fired and replaced by younger workers after a rigged investigation into allegedly hazardous workplace behavior.

  • July 19, 2024

    Meta Separation Deals Were 'Overly Broad,' NLRB Judge Says

    Tech giant Meta violated federal labor law by offering laid-off employees separation agreements with "overly broad language" barring them from discussing employment terms or conditions, a National Labor Relations Board judge found on Friday.

  • July 19, 2024

    Employment Authority: Teamsters RNC Speech Sparks Strife

    Law360 Employment Authority covers the biggest employment cases and trends. Catch up this week with coverage on why the labor movement is in an uproar over Teamsters President Sean O'Brien's speech at the 2024 Republican National Convention, how heat breaks for workers may add into overtime calculations for employers and what attorneys should know about Project 2025's bid to drastically change to anti-discrimination protections.

  • July 19, 2024

    9th Circ. Calls Out Wash. AG's Paradox In Christian Charity Suit

    Ninth Circuit judges said Friday that Washington state "wants it both ways" in a Christian nonprofit's case over an antidiscrimination law, with the attorney general arguing that there's no credible enforcement threat to substantiate the suit's filing while also stopping short of pledging that the state won't pursue a case against the organization.

  • July 19, 2024

    3rd Circ. Reverses Court on 90-Day EEOC Clock Ruling

    The Third Circuit has revived a New Jersey state employee's sex harassment lawsuit against her employer, finding that a lower court incorrectly calculated when the 90-day clock for her to file suit started after her attorney learned the Equal Employment Opportunity Commission would not pursue her claim.

  • July 19, 2024

    NFL Antitrust Verdict, WWE Chair Woes Define 2024's 1st Half

    The first half of 2024 saw bombshell allegations and yearslong litigation lurching forward, highlighted by the shocking lawsuit accusing the founder of WWE of horrific sexual conduct, an iconic magazine almost shuttering and two NFL cases reaching significant milestones.

  • July 19, 2024

    FTC Wants To Block Kroger & Albertsons' 'Principal Defense'

    Federal Trade Commission staffers want to block Kroger and Albertsons from using their main defense to an in-house merger challenge — the plan to sell off 579 stores — or otherwise force the companies to produce documents so far protected as privileged, according to a recently public filing.

  • July 19, 2024

    US Chess Tolerates Human Trafficking, Champion Claims

    The U.S. Chess Federation provides an arena for human trafficking and retaliated against a whistleblower who reported alleged sexual abuse, a two-time national champion claims in a lawsuit filed in New Jersey state court.

  • July 19, 2024

    Law Profs Throw Flag On NFL's 'Unconscionable' Arbitration

    Allowing the NFL's arbitration system, with commissioner Roger Goodell as the arbitrator, to prevail in Brian Flores' discrimination dispute with the league is "unconscionable" and "egregious," a dozen law professors have told the Second Circuit in an amicus brief supporting the former Miami Dolphins head coach.

  • July 19, 2024

    Hanes Fired Remote Worker Over COVID Vax Refusal, Suit Says

    A former Hanes employee brought a discrimination suit against the clothing company Friday, claiming he was fired after the employer refused to provide religious accommodations regarding its COVID-19 vaccine mandate despite his work-from-home status.

  • July 19, 2024

    Atlanta Strikes Deal To End Ex-Worker's Retaliation Suit

    The city of Atlanta has reached a deal with its former immigrant affairs director to resolve her lawsuit alleging she was fired after blowing the whistle on failures in the city's immigrant outreach services, according to a filing in Georgia federal court.

  • July 19, 2024

    What The End Of Chevron Means For FTC Rulemaking

    Federal agencies can no longer expect courts to defer to their interpretation of challenged regulatory authorities under a landmark U.S. Supreme Court ruling the Federal Trade Commission expects will have no "significant impact," but that observers say could help trip up a noncompetes ban and perhaps other efforts.

  • July 19, 2024

    9th Circ. Says Fueling Planes Is Arbitration-Exempt Work

    The Ninth Circuit on Friday affirmed that an airplane fuel pumper can proceed with his unpaid wage claims in federal court rather than in arbitration, ruling his work is involved in the flow of interstate commerce and he is thus a transportation worker exempt from the Federal Arbitration Act.

  • July 19, 2024

    Temple U.'s Ken Jacobsen On NCAA-House Deal, What's Next

    Even with a deal of such size and consequence — approximately $2.8 billion, more than 184,000 athletes in the class, all the Power Five conferences named and with decades of court rulings leading up to it — the settlement over name, image and likeness compensation in the Grant House-led class action against the NCAA is best seen as a beginning, rather than an end.

  • July 19, 2024

    PTAB Invalidates Claims In Amsted Railcar Patent

    The Patent Trial and Appeal Board has wiped out several claims in an Amsted Rail Co. Inc. patent covering a way of monitoring the performance of railcars, after the patent had become the subject of a suit between the railcar parts manufacturer and a former executive.

  • July 19, 2024

    Ex-Bronco Linebacker Sues NFL Over Denied THC Exemption

    A former linebacker for the Denver Broncos is suing the team and the National Football League, alleging they're violating the Colorado Anti-Discrimination Act by denying him an exemption to use synthetic THC to treat his disabilities.

  • July 19, 2024

    NJ Says 3rd Circ. Ruling Backs State Temp Worker Law

    The State of New Jersey called a federal court's attention to a recent Third Circuit decision holding that the bar for issuing preliminary injunctions should be higher, saying the ruling supports its argument opposing a business community request to block a state law regulating protections for temporary workers.

Expert Analysis

  • Compliance Countdown To New Calif. Workplace Safety Rules

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    Nearly all California employers should be taking steps to prepare for the July 1 deadline to comply with a Labor Code update that will introduce the first general industry workplace violence prevention safety requirements in the U.S., say attorneys at Littler.

  • Arbitration Implications Of High Court Coinbase Ruling

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    The U.S. Supreme Court's recent Coinbase v. Suski ruling not only reaffirmed the long-standing principle that arbitration is a matter of contract, but also established new and more general principles concerning the courts' jurisdiction to decide challenges to delegation clauses and the severability rule, say Tamar Meshel at the University of Alberta.

  • Prejudicial Evidence Takeaways From Trump Hush Money Trial

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    The Manhattan District Attorney's Office's prosecution and conviction of former President Donald Trump on 34 felony counts provides a lesson on whether evidence may cause substantial unfair prejudice, or if its prejudicial potential is perfectly fair within the bounds of the law, says Reuben Guttman at Guttman Buschner.

  • Top 5 Issues For Employers To Audit Midyear

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    Six months into 2024, developments from federal courts and regulatory agencies should prompt employers to reflect on their progress regarding artificial intelligence, noncompetes, diversity initiatives, religious accommodation and more, say Allegra Lawrence-Hardy and Lisa Haldar at Lawrence & Bundy.

  • After A Brief Hiccup, The 'Rocket Docket' Soars Back To No. 1

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    The Eastern District of Virginia’s precipitous 2022 fall from its storied rocket docket status appears to have been a temporary aberration, as recent statistics reveal that the court is once again back on top as the fastest federal civil trial court in the nation, says Robert Tata at Hunton.

  • Addressing Labor Shortages In The Construction Industry

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    As the construction industry's ongoing struggle with finding sufficient skilled workers continues, companies should consider a range of solutions including a commitment to in-house training and creative contracting protocols, say Brenda Radmacher and Allison Etkin at Akerman.

  • Tailoring Compliance Before AI Walks The Runway

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    Fashion industry players that adopt artificial intelligence to propel their businesses forward should consider ways to minimize its perceived downsides, including potential job displacements and algorithmic biases that may harm diversity, equity and inclusion efforts, say Jeffrey Greene and Ivory Djahouri at Foley & Lardner.

  • Recruitment Trends In Emerging Law Firm Frontiers

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    BigLaw firms are facing local recruitment challenges as they increasingly establish offices in cities outside of the major legal hubs, requiring them to weigh various strategies for attracting talent that present different risks and benefits, says Tom Hanlon at Buchanan Law.

  • Series

    Glassblowing Makes Me A Better Lawyer

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    I never expected that glassblowing would strongly influence my work as an attorney, but it has taught me the importance of building a solid foundation for your work, learning from others and committing to a lifetime of practice, says Margaret House at Kalijarvi Chuzi.

  • 3 Surprising Deposition Dangers Attorneys Must Heed

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    Attorneys often do not think of discovery as a particularly risky phase of litigation, but counsel must closely heed some surprisingly strict and frequently overlooked requirements before, during and after depositions that can lead to draconian consequences, says Nate Sabri at Perkins Coie.

  • What Employers Need To Know About Colorado's New AI Law

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    The Colorado AI Act, enacted in May and intended to regulate the use of high-risk artificial intelligence systems to prevent algorithmic discrimination, is broad in scope and will apply to businesses using AI for certain employment purposes, imposing numerous compliance obligations and potential liability, say Laura Malugade and Owen Davis at Husch Blackwell.

  • Opinion

    Paid Noncompetes Offer A Better Solution Than FTC's Ban

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    A better alternative to the Federal Trade Commission's recent and widely contested noncompete ban would be a nationwide bright-line rule requiring employers to pay employees during the noncompete period, says Steven Kayman at Rottenberg Lipman.

  • How Associates Can Build A Professional Image

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    As hybrid work arrangements become the norm in the legal industry, early-career attorneys must be proactive in building and maintaining a professional presence in both physical and digital settings, ensuring that their image aligns with their long-term career goals, say Lana Manganiello at Equinox Strategy Partners and Estelle Winsett at Estelle Winsett Professional Image Consulting.

  • Firms Must Rethink How They Train New Lawyers In AI Age

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    As law firms begin to use generative artificial intelligence to complete lower-level legal tasks, they’ll need to consider new ways to train summer associates and early-career attorneys, keeping in mind the five stages of skill acquisition, says Liisa Thomas at Sheppard Mullin.

  • Think Like A Lawyer: Always Be Closing

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    When a lawyer presents their case with the right propulsive structure throughout trial, there is little need for further argument after the close of evidence — and in fact, rehashing it all may test jurors’ patience — so attorneys should consider other strategies for closing arguments, says Luke Andrews at Poole Huffman.

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