Employment

  • April 21, 2025

    NBA Wants Some Details Sealed In Fired Refs' COVID Suit

    The NBA has urged a New York federal court to issue a ruling protecting private medical records and other information about employees not in involved a lawsuit brought by former referees, who alleged they were terminated after refusing to get the COVID-19 vaccine even though they requested religious exemption.

  • April 21, 2025

    Unions Demand Halt To DOGE's Info Access At DOL, HHS

    A D.C. federal judge must block Elon Musk's Department of Government Efficiency from accessing sensitive systems in the U.S. Department of Labor and Department of Health and Human Services, unions argued in a preliminary injunction bid, saying the government's search for "waste, fraud and abuse" doesn't warrant access.

  • April 21, 2025

    Unions Score Block On Orders To Fire Probationary Workers

    A California federal judge blocked the Office of Personnel Management from ordering federal agencies to fire probationary employees and stopped several agencies from heeding its directives, but he declined to order them to rehire the workers they've already let go.

  • April 21, 2025

    DOJ Defends Wage-Fixing Jury Win From Mistrial Bid

    The U.S. Department of Justice is defending a key wage-fixing and fraud conviction of a Nevada nursing executive, hitting back at the executive's claims that it used privileged documents and communications to sway the jury during the three-week trial.

  • April 21, 2025

    Dropped Suit Doesn't Support 'Vexatious' Claims, Court Told

    The Connecticut employment law firm Hayber McKenna & Dinsmore LLC "cannot ever, under any circumstances" prove that a series of unfair trade practices cases brought by five restaurant chains ended in its favor, so it cannot pursue vexatious litigation claims against two attorneys who filed them, defense counsel said Monday during oral argument in Hartford.

  • April 21, 2025

    HCA, Workers Eye Mediation in Wage Suit

    HCA Healthcare Inc. asked a North Carolina federal court to press pause on a respiratory therapist's class and collective action accusing the company of manipulating workers' time sheets to pay them less overtime wages, saying the parties are planning to attend mediation in July.

  • April 21, 2025

    Justices Mull 5th Circ. Redo In ACA Preventive Care Fight

    The U.S. Supreme Court on Monday appeared skeptical of a Fifth Circuit ruling that found members of a task force setting preventive services coverage requirements under the Affordable Care Act were unconstitutionally appointed, with multiple justices suggesting kicking the case back down to the circuit court for additional arguments.

  • April 21, 2025

    CBS, Male Writer End Bias Suit Over Diversity Quotas

    CBS Studios Inc. and its parent have agreed to end a lawsuit brought by a straight white male freelance writer who accused CBS of discriminating against him by repeatedly choosing to hire more diverse candidates for writer roles, according to a stipulation filed in California federal court Friday.

  • April 21, 2025

    Fired Claims Co. Exec Says Pay Bias Led To Her Ouster

    A claims management company paid a former executive less than three of her male colleagues with the same work duties, then fired her after she filed a charge with the U.S. Equal Employment Opportunity Commission, she told a Georgia federal court.

  • April 21, 2025

    Sacramento State Prof Can Take Race Bias Claims To Trial

    A California federal judge is sending race bias claims by a Black lecturer at Sacramento State University to trial, finding a jury needs to parse through his allegations that a colleague may have attempted to sabotage his application to a tenure-track role on the basis of discrimination. 

  • April 21, 2025

    Davis Wright Brings On MoFo Employment Ace In Bay Area

    Davis Wright Tremaine LLP announced Monday that the firm has fortified its employment class action group with a partner in San Francisco who came aboard from Morrison Foerster LLP.

  • April 21, 2025

    Va. City Says It Wasn't Employer Of Atty Bringing FMLA Suit

    An attorney cannot sustain his lawsuit accusing the city of Martinsville, Virginia, of unlawfully firing him after he requested leave to care for his mother, the city told a federal court, saying it had no power to terminate him because it was not his employer.

  • April 21, 2025

    Justices Won't Review Welding Inspector's Contractor Status

    The U.S. Supreme Court declined on Monday to review a Fifth Circuit decision finding a welding inspector was an independent contractor, not an employee, and therefore not entitled to Fair Labor Standards Act coverage.

  • April 18, 2025

    Ex-Katten Partner Hits Firm With $67M Age Bias Suit

    A former Katten Muchin Rosenman LLP partner launched a $67 million discrimination lawsuit against his one-time firm in New York federal court, alleging he was pushed out of the aircraft-finance practice group, pressured to resign and then fired because of the firm CEO's "stereotyped views of lawyers in their 60s."

  • April 18, 2025

    11th Circ. Won't Revive ADA Suit Over Remote Work Firing

    The Eleventh Circuit on Friday refused to revive a former call center director's Americans with Disabilities Act suit against a financial services company, holding that the company had legitimate reasons to fire her and reasonably accommodated her request to work from home due to her Crohn's disease during the COVID-19 pandemic.

  • April 18, 2025

    No Sanctions For Landscaping Co. In OT Suits, Judge Says

    It's too soon to determine whether a landscaping company should be sanctioned for its attorneys' failure to produce accurate lists of its current and former employees in a class action alleging unpaid overtime, a Kansas federal judge said, saying both sides' attorneys need to meet.

  • April 18, 2025

    Trump Moves For More Power To Hire, Fire Federal Workers

    The Office of Personnel Management on Friday proposed a rule that would give President Donald Trump's administration the power to hire and fire some 50,000 career federal employees, a move that federal worker unions say will allow the president "to replace qualified public servants with political cronies."

  • April 18, 2025

    Sunoco Accused Of Age Bias By Ex-Chief Counsel

    A former chief counsel for Sunoco LP sued her ex-employer in Texas state court Wednesday, alleging she was denied promotional opportunities and later terminated due to her age, while also accusing the company of replacing attorneys older than 50 with significantly younger attorneys with less experience.

  • April 18, 2025

    Democratic AGs Say Trump Illegally Fired FTC Commissioners

    Attorneys general from 20 states and the District of Columbia filed an amicus brief Friday in D.C. federal court backing two fired Democratic Federal Trade Commission members, writing that President Donald Trump's actions violate federal law prohibiting their removal except for cause. 

  • April 18, 2025

    Employment Authority: Questions To Ask About AI Tools

    Law360 Employment Authority covers the biggest employment cases and trends. Catch up this week with coverage on questions employers should consider before purchasing artificial intelligence tools, a look at how to avoid common overtime claims and the status of the Trump administration's vetting of National Labor Relations Board nominees.

  • April 18, 2025

    NBA's Suns Sued Again For Harassment, Toxic Workplace

    A third former employee of the Phoenix Suns in a five-month span has accused the NBA franchise of discrimination, retaliation and a hostile workplace, with a Hispanic woman suing the Suns on Friday in Arizona federal court.

  • April 18, 2025

    DC Circ. Revives Fired Workers' Bias Suit Over Vax Policy

    The D.C. Circuit on Friday revived claims by two Black employees of a union who allege they were disparately affected by a COVID-19 vaccination policy where more Black employees than white employees were fired if they didn't get vaccinated, saying their racial discrimination allegations regarding the policy "cross the line from conceivable to plausible."

  • April 18, 2025

    Charter Communications Ends Trade Secrets Suit With Ex-VP

    Charter Communications Inc. has settled a trade secrets lawsuit it brought in Connecticut federal court against a former executive it accused of taking confidential information with him when he left for a job with Metronet, one of its competitors, according to a joint stipulation for dismissal.

  • April 18, 2025

    Ohio Health System Says It Didn't Cheat Workers On Time

    Cleveland health system MetroHealth has asked a federal court in Ohio to toss a potential class action alleging a failure to properly pay workers overtime, telling the judge a nursing assistant had not proved the healthcare provider violated the Fair Labor Standards Act.

  • April 18, 2025

    3rd Circ. Won't Revive Norfolk Southern Conductor's ADA Suit

    The Third Circuit refused Friday to reinstate a Norfolk Southern Railway Co. train conductor's suit alleging he was illegally suspended because of his history of seizures, saying the railroad's decision wasn't rooted in discrimination.

Expert Analysis

  • Series

    Adapting To Private Practice: From Fed. Prosecutor To BigLaw

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    Making the jump from government to private practice is no small feat, but, based on my experience transitioning to a business-driven environment after 15 years as an assistant U.S. attorney, it can be incredibly rewarding and help you become a more versatile lawyer, says Michael Beckwith at Dickinson Wright.

  • How Justices Rule On Straight Bias May Shift Worker Suits

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    Following oral argument at the U.S. Supreme Court in Ames v. Ohio Department of Youth Services, in which a heterosexual woman sued her employer for sexual orientation discrimination, the forthcoming decision may create a perfect storm for employers amid recent attacks on diversity, equity and inclusion, say attorneys at Proskauer.

  • Rebuttal

    6 Reasons Why Arbitration Offers Equitable Resolutions

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    Contrary to a recent Law360 guest article, arbitration provides numerous benefits to employees, consumers and businesses alike, ensuring fair and efficient dispute resolution without the excessive fees, costs and delays associated with traditional litigation, say attorneys at Proskauer.

  • PG&E Win Boosts Employers' Defamation Defense

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    A California appeals court's recent Hearn v. PG&E ruling, reversing a $2 million verdict against PG&E related to an ex-employee’s retaliation claims, provides employers with a stronger defense against defamation claims tied to termination, but also highlights the need for fairness and diligence in internal investigations and communications, say attorneys at Kaufman Dolowich.

  • Jurisdiction Argument In USAID Dissent Is Up For Debate

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    A dissent refuting the U.S. Supreme Court’s recent order directing the U.S. Agency for International Development to pay $2 billion in frozen foreign aid argued that claims relating to already-completed government contract work belong in the U.S. Court of Federal Claims – answering an important question, but with a debatable conclusion, says Steven Gordon at Holland & Knight.

  • How Importers Can Minimize FCA Risks Of Tariff Mitigation

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    False Claims Act risks are inherent in many tariff mitigation strategies, making it important for importers to implement best practices to identify and report potential violations of import regulations before they escalate, says Samuel Finkelstein at LMD Trade Law.

  • Explaining CFPB's Legal Duties Under The Dodd-Frank Act

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    While only Congress can actually eradicate the Consumer Financial Protection Bureau, the Trump administration has sought to significantly alter the agency's operations, so it's an apt time to review the minimum baseline of activities that Congress requires of the CFPB in Title X of the Dodd-Frank Act, say attorneys at Bradley Arant.

  • Firms Still Have Lateral Market Advantage, But Risks Persist

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    Partner and associate mobility data from the fourth quarter of 2024 shows that we’re in a new, stable era of lateral hiring where firms have the edge, but leaders should proceed cautiously, looking beyond expected revenue and compensation analyses for potential risks, say Julie Henson and Greg Hamman at Decipher Investigative Intelligence.

  • Employer Tips To Navigate Cultural Flashpoints Investigations

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    As companies are increasingly flooded with complaints of employees violating policies related to polarizing social, cultural or political issues, employers should beware the distinct concerns and increased risk in flashpoints investigations compared to routine workplace probes, say attorneys at Seyfarth.

  • Opinion

    We Must Allow Judges To Use Their Independent Judgment

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    As two recent cases show, the ability of judges to access their independent judgment crucially enables courts to exercise the discretion needed to reach the right outcome based on the unique facts within the law, says John Siffert at Lankler Siffert & Wohl.

  • Class Actions At The Circuit Courts: March Lessons

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    In this month's review of class actions appeals, Mitchell Engel at Shook Hardy discusses three federal appellate court decisions and identifies practice tips from cases involving antitrust allegations against coupon processing services, consumer fraud and class action settlements.

  • A Path Forward For Employers, Regardless Of DEI Stance

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    Whether a company views the Trump administration's executive orders ending diversity, equity and inclusion programs as a win or a loss, the change rearranges the employment hazards companies face, but not the non-DEI and nondiscriminatory economic incentive to seek the best workers, says Daniel S. Levy at Advanced Analytical Consulting Group.

  • Series

    Performing Stand-Up Comedy Makes Me A Better Lawyer

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    Whether I’m delivering a punchline on stage or a closing argument in court, balancing stand-up comedy performances and my legal career has demonstrated that the keys to success in both endeavors include reading the room, landing the right timing and making an impact, says attorney Rebecca Palmer.

  • Bias Suit Shows WNBA Growing Pains On Court And In Court

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    A newly filed disability discrimination and retaliation lawsuit against the Los Angeles Sparks is the latest in a series of employment discrimination disputes filed by WNBA professionals, highlighting teams' obligation to meet elevated workplace expectations and the league's role in facilitating an inclusive work environment, say attorneys at Michelman & Robinson.

  • Series

    Adapting To Private Practice: From SEC To BigLaw

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    As I adjusted to the multifaceted workflow of a BigLaw firm after leaving the U.S. Securities and Exchange Commission, working side by side with new colleagues on complex matters proved the fastest way to build a deep rapport and demonstrate my value, says Jennifer Lee at Jenner & Block.

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