Employment

  • March 20, 2024

    2nd Circ. Revives Bias Suit Against Aramark

    A discrete discriminatory act within the statute of limitations against an employee can make a hostile work environment claim timely if an employee shows it's a part of ongoing discriminatory conduct, the Second Circuit ruled Wednesday, reviving a bias suit a female manager brought against food service giant Aramark Services Inc.

  • March 20, 2024

    Electrician To Pay $500K To Settle EEOC Age Bias Claims

    An electrical contractor reached an agreement Wednesday with the U.S. Equal Employment Opportunity Commission to pay $500,000 to resolve claims it systematically rejected candidates over 40 years old for managerial roles and told its recruiter not to consider applicants with more than 25 years of experience.

  • March 20, 2024

    Dems Float Bill To Require Earned Paid Leave For Workers

    A Democratic lawmaker from Rhode Island proposed a bill Wednesday that would guarantee U.S. workers the ability to earn at least 10 paid vacation days per year — a move that could extend the benefit to almost 27 million people who lack access to compensated time off.

  • March 20, 2024

    Penn Grad Worker Unit Leaves Out Some Science Fellows

    A National Labor Relations Board official ordered a representation election among graduate student workers at the University of Pennsylvania, but left out of the bargaining unit some 300 student workers in biology and biomedical sciences programs, finding that the union previously said they shouldn't be included.

  • March 20, 2024

    3 Areas Where Equal Pay Progress Is Lacking

    Legislation across all levels of government has spurred progress on pay equity but critical gaps persist, such as the limited information employees have on their company's pay practices and the need to think about equal pay beyond compensation, attorneys say.

  • March 20, 2024

    Proposed W.Va. Rig Worker OT Collective Will Go Forward

    A proposed collective action alleging that oil and gas exploration and production company Tug Hill Operating LLC misclassified rig workers as independent contractors, resulting in overtime violations, will proceed, as a West Virginia federal court on Wednesday declined to send the claims to arbitration.

  • March 20, 2024

    UK Pension Fraud Fund To Pay Out £416M To Victims By 2026

    The U.K.'s pension lifeboat scheme said Wednesday it expects to pay up to £416.7 million ($530 million) in compensation to members of pension schemes that have been hit by scams.

  • March 20, 2024

    NC Printing Co. Settles DOJ Citizenship Discrimination Claim

    A North Carolina printing company has settled allegations leveled by the Justice Department that it unlawfully discriminated against a worker based on her citizenship status.

  • March 20, 2024

    Ohio University Can't Shut Down Ex-Prof's Retaliation Claim

    An Ohio federal judge has rejected a university's attempt to sink a retaliation case brought by a tenured professor who was terminated following a student's sexual harassment complaint, saying his claim that discrimination ultimately led to his ouster is strong enough to stay in court.

  • March 20, 2024

    Health And Safety Top Risk For Directors, Global Survey Says

    Health and safety is the top risk for directors and officers worldwide, according to a survey published Wednesday, in a "surprise" result partly attributed to the lingering impact of the COVID-19 pandemic on businesses and increasing mental health considerations.

  • March 20, 2024

    Pa. Insurance Broker On Hook For Not Paying Real OT

    A Pennsylvania-based insurance brokerage willfully violated federal wage law when it misrepresented overtime hours employees worked and otherwise dodged wage requirements, a federal judge ruled in a case brought by the U.S. Department of Labor.

  • March 20, 2024

    UK Gov't Dept And Lawyer Sued For 'Gender Critical' Network

    A lawyer working for the British government has said she is being sued for making "gender critical" comments, including saying that "only women menstruate."

  • March 20, 2024

    Republican Bill Targets Colleges Hiring Unauthorized Workers

    Sen. J.D. Vance, R-Ohio, and Rep. Jim Banks, R-Ind., have introduced legislation to prevent universities that receive federal funding from hiring unauthorized immigrants.

  • March 20, 2024

    NYC Now Lets Workers Sue For Sick Leave Violations

    A New York City law took effect Wednesday that allows workers to sue their employers for safe and sick leave violations without having to file an administrative complaint first.

  • March 20, 2024

    Anti-Vax Vegan Loses Work Claim Against Ambulance Service

    An ambulance worker who refused to get the COVID-19 vaccine because of his vegan beliefs has lost his discrimination claim after an employment tribunal ruled he was legally required to be vaccinated to work with vulnerable patients.

  • March 20, 2024

    Teacher Wins £39K After Rate Cut In Zero-Hours Contract

    An English language teacher has won £39,200 ($49,900) after she successfully claimed that being moved on to a zero-hours contract forced her to quit.

  • March 20, 2024

    UFC To Pay Fighters $335M To Settle Wage Suppression Suit

    The parent company of UFC revealed Wednesday that it will pay $335 million to settle a class action alleging fighters' wages were suppressed by up to $1.6 billion, a move that comes after the two sides entered mediation last month ahead of a now-vacated trial.

  • March 20, 2024

    Conn. Panel Says Carveout Allows Cop To Fight Firing

    A fired Connecticut police sergeant and his union can pursue a court appeal in an effort to reinstate his job because the decision at issue is a final, appealable judgment under a carveout in the applicable law, the state appeals court has ruled.

  • March 20, 2024

    Union Organizer Loses Holiday, COVID Hours Claim

    A union organizer suspended for three years during the coronavirus pandemic cannot claim that he did not receive holiday pay because he did not request to carry his unused days forward, an employment tribunal has ruled.

  • March 20, 2024

    How The Supreme Court Could Narrow Chevron

    After hours of oral argument in a closely watched administrative law case, it appeared that some U.S. Supreme Court justices could be open to limiting the opportunities for lower courts to defer to federal agencies' legal interpretations in disputes over rulemaking — and legal experts said there are a number of ways they could do it.

  • March 20, 2024

    Employers' EDI Efforts 'Ineffective And Polarizing,' Gov't Says

    British employers "want to do the right thing" but are implementing equality, diversity and inclusion initiatives in an ineffective, polarizing and potentially unlawful way, according to a report released by the government on Wednesday.

  • March 20, 2024

    UK Insurers See Boom In Income Protection Policies

    The number of people who took out personal insurance cover to shield their finances hit a record high in 2023, as more sought protection from a potentially serious accident or illness that would prevent them from working, British insurers said Wednesday.

  • March 20, 2024

    Law360 Announces The Members Of Its 2024 Editorial Boards

    Law360 is pleased to announce the formation of its 2024 Editorial Advisory Boards.

  • March 20, 2024

    11th Circ. Wage Ruling Highlights Volunteer Benefit Pitfalls

    An Eleventh Circuit ruling that a public agency operating golf courses did not owe a proposed class of golf attendants wages because they were not employees shows that clarity is needed when enlisting volunteers, attorneys said. Here, Law360 explores the issue.

  • March 20, 2024

    HMRC Makes U-Turn On Helpline Cuts After Backlash

    The U.K. tax authority backtracked Wednesday on plans to close down several helplines for taxpayers from April through September after facing criticism from politicians and industry groups.

Expert Analysis

  • Del.'s Tesla Pay Takedown Tells Boards What Not To Do

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    The Delaware Chancery Court’s ruthless dissection of the Tesla board’s extreme departures from standard corporate governance in its January opinion striking down CEO Elon Musk’s $55 billion pay package offers a blow-by-blow guide to mistakes Delaware public companies can avoid when negotiating executive compensation, say attorneys at Cleary.

  • A Look Into How Jurors Reach High Damages Awards

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    In the wake of several large jury awards, Richard Gabriel and Emily Shaw at Decision Analysis shed light on challenges that jurors have in deciding them, the nonevidentiary and extra-legal methods they use to do so, and new research about the themes and jury characteristics of high-damages jurors.

  • Compliance Tips For Employers Facing An Aggressive EEOC

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    This year, the combination of an aggressive U.S. Equal Employment Opportunity Commission, a renewed focus on large-scale recruiting and hiring claims, and the injection of the complicated landscape of AI in the workplace means employers should be prepared to defend, among other things, their use of technology during the hiring process, say attorneys at Seyfarth Shaw.

  • Preparing For A New Wave Of Litigation Under Silicosis Rules

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    After the Division of Occupational Safety and Health of California issued an emergency temporary standard to combat noncompliance with assessments of workers' exposure to particles of crystalline silica, companies that manufacture, distribute or sell silica-containing products will need aggressive case-specific discovery to navigate a new wave of litigation, say attorneys at Dechert.

  • Employer Trial Tips For Fighting Worker PPE Pay Claims

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    Courts have struggled for decades to reach consensus on whether employees must be paid for time spent donning and doffing personal protective equipment, but this convoluted legal history points to practical trial strategies to help employers defeat these Fair Labor Standards Act claims, say Michael Mueller and Evangeline Paschal at Hunton.

  • Managing Competing Priorities In Witness Preparation

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    There’s often a divide between what attorneys and witnesses want out of the deposition process, but litigation teams can use several strategies to resolve this tension and help witnesses be more comfortable with the difficult conditions of testifying, say Ava Hernández and Steve Wood at Courtroom Sciences.

  • Reimagining Law Firm Culture To Break The Cycle Of Burnout

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    While attorney burnout remains a perennial issue in the legal profession, shifting post-pandemic expectations mean that law firms must adapt their office cultures to retain talent, say Kevin Henderson and Eric Pacifici at SMB Law Group.

  • Assessing Merger Guideline Feedback With Machine Learning

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    Large language modeling appears to show that public sentiment matches agency intent around the new merger control guidelines from the Federal Trade Commission and U.S. Justice Department, says Andrew Sfekas at Cornerstone Research.

  • Understanding And Working With The Millennials On Your Jury

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    Every trial attorney will be facing a greater proportion of millennials on their jury, as they now comprise the largest generation in the U.S., and winning them over requires an understanding of their views on politics, corporations and damages, says Clint Townson at Townson Litigation Consulting.

  • Grant Compliance Takeaways From Ga. Tech's FCA Settlement

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    Georgia Tech’s recent False Claims Act settlement over its failure to detect compliance shortcomings in a grant program was unique in that it involved a voluntary repayment of funds prior to the resolution, offering a few key lessons for universities receiving research funding from the government, says Jonathan Porter at Husch Blackwell.

  • Series

    Competing In Dressage Makes Me A Better Lawyer

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    My lifelong participation in the sport of dressage — often called ballet on horses — has proven that several skills developed through training and competition are transferable to legal work, especially the ability to harness focus, persistence and versatility when negotiating a deal, says Stephanie Coco at V&E.

  • Deferral Pointers For Employers After $700M Ohtani Deal

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    Darren Goodman and Christine Osvald-Mruz at Lowenstein Sandler examine the legal consequences of Shohei Ohtani's $700 million, 10-year contract with the Los Angeles Dodgers — a high-profile example of nonqualified deferred compensation — and offer lessons for employers of all sizes interested in similar deals.

  • Employer Lessons From Nixed Calif. Arbitration Agreement

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    A California state appeals court’s recent decision to throw out an otherwise valid arbitration agreement, where an employee claimed a confusing electronic signature system led her to agree to unfair terms, should alert employers to scrutinize any waivers or signing procedures that may appear to unconscionably favor the company, say Guillermo Tello and Monique Eginli at Clark Hill.

  • EEO-1 Ruling May Affect Other Gov't Agency Disclosures

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    By tightly construing a rarely litigated but frequently asserted term, a California federal court’s ruling that the Freedom of Information Act does not exempt reports to the U.S. Department of Labor on workplace demographics could expand the range of government contractor information susceptible to public disclosure, says John Zabriskie at Foley & Lardner.

  • Musk Pay Package Ruling Offers Detailed Lesson On Del. Law

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    Anat Alon-Beck and John Livingstone at Case Western Reserve University discuss the specifics that led Delaware's chancellor to rescind Elon Musk's $55.8 billion Tesla pay package on Jan. 30, how the state’s entire fairness doctrine played into the ruling, and its bigger-picture impact on the executive compensation landscape.

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