Employment

  • April 24, 2024

    Pepsi Can't Use Workers' Comp Immunity In Fla. Shooting Suit

    Florida's Third District Court of Appeal on Wednesday ruled that a Pepsi subsidiary can't utilize a workers' compensation immunity defense in a lawsuit brought by a former employee who was shot by a co-worker, saying the company took inconsistent positions on his claim for benefits.

  • April 24, 2024

    Customer Service Reps Say DTE Energy Owes Log-In Pay

    Michigan's largest energy company pressured its customer service employees into performing between seven and 18 minutes' worth of unpaid off-the-clock tasks per shift, two former employees have said in a new federal lawsuit accusing DTE Energy of violating the Fair Labor Standards Act.

  • April 24, 2024

    Panel Reinstates Suit Over Hospital Workers' COVID Deaths

    A New Jersey appellate panel on Wednesday reinstated a suit seeking to hold two hospitals liable for the COVID-19 deaths of a hospital aide and a nurse during the early stages of the pandemic, saying the trial judge made improper findings of fact regarding allegedly reckless conduct.

  • April 24, 2024

    World Cup Workers' Abuse Suit Still Falls Short, US Cos. Say

    A Texas engineering company and a Colorado subsidiary have asked a federal court to dismiss claims from Filipino workers alleging they were subjected to inhumane labor conditions when helping construct stadiums for the 2022 FIFA World Cup in Qatar, arguing the workers' latest attempt doesn't even show the defendants recruited or hired them.

  • April 24, 2024

    DOL Says Firm 'Repeatedly' Misclassified Highway Workers

    The U.S. Department of Labor recently determined that a subcontractor "repeatedly misclassified" employees who worked on 25 federal highway construction projects in Pennsylvania, according to a notice filed in Pennsylvania federal court Wednesday in a lawsuit against three construction firms.

  • April 24, 2024

    Filipino Workers' $730K Trafficking Deal Gets Judge's Initial OK

    An Oklahoma federal court preliminarily approved a $730,000 settlement on Wednesday that would resolve Filipino workers' claims that a local couple tricked them into paying steep immigration and recruitment fees to come work for them in the U.S.

  • April 24, 2024

    9th Circ. Says NLRB Can Enforce Starbucks Bargaining Order

    The Ninth Circuit said Wednesday that Starbucks must recognize its Seattle roastery workers' April 2022 vote to unionize, overruling the coffee giant's contention that ballots should have been cast in person and concluding a National Labor Relations Board manager had discretion to call the mail-in election because of COVID-19 case counts at the time.

  • April 24, 2024

    SpaceX Stalling Case's Launch To Calif., NLRB Says

    The National Labor Relations Board told a Texas federal judge it should disregard SpaceX's "last ditch" effort to keep a case challenging the employment agency's constitutionality in the Lone Star State, arguing that the rocket company is revisiting arguments the court already decided.

  • April 24, 2024

    UPMC Affiliate Can't Avoid False Claims Suit Over NIH Grant

    A research foundation affiliated with a University of Pittsburgh Medical Center hospital can't duck a former employee's claims that the foundation mishandled grant money and fired her for raising concerns, though UPMC itself is off the hook, a federal judge ruled Wednesday.

  • April 24, 2024

    McKesson Ends Ex-Sales VP's Title VII Suit Over Vax Refusal

    McKesson Corp. reached an agreement with a former sales vice president to end her lawsuit accusing the drug distributor of firing her because her Christian beliefs barred her from getting the COVID-19 vaccine, according to a filing in North Carolina federal court.

  • April 24, 2024

    Foxtrot, Dom's Kitchen Closures Violate WARN Act, Suit Says

    Former employees of Foxtrot Market and Dom's Kitchen & Market hit the stores' parent company with a lawsuit in Illinois federal court Thursday, alleging it failed to give workers 60 days' notice of mass layoffs as required by federal law when all 33 locations abruptly shuttered Tuesday.

  • April 24, 2024

    Raleigh, NC, Seeks Dismissal Of Ex-Cop's OT Suit

    The city of Raleigh, North Carolina, asked a federal judge Wednesday to toss an ex-police officer's lawsuit alleging it illegally compelled officers to accept time off rather than pay overtime premiums, arguing it acted in accordance with federal labor law.

  • April 24, 2024

    Louis Vuitton Flouted Wage And Hour Laws, Suit Says

    Louis Vuitton has been hit with a proposed wage and hour class action in Los Angeles Superior Court by a former employee, alleging the luxury fashion company failed to pay overtime, provide proper meal and break periods and manipulated time cards to show fewer hours than worked during the pay period.

  • April 24, 2024

    Sanction Bank Workers Who Hid IP Grab, Branding Firm Says

    An architectural and marketing firm has asked a Philadelphia federal judge for sanctions against two of its former employees who jumped ship for Republic Bank, saying that texts between the ex-employees show the "nadir of bad faith" about evidence destruction in their trade secrets misappropriation suit.

  • April 24, 2024

    Solar Co. Must Pay Workers, Union Benefit Funds

    A Kalamazoo, Michigan-based solar company must follow an arbitration board's order to remit unpaid wages to two workers and unpaid contributions to a group of union benefit funds, a Michigan federal judge ruled Wednesday.

  • April 24, 2024

    Chamber Of Commerce Sues FTC Over New Noncompete Rule

    The U.S. Chamber of Commerce has lodged a promised lawsuit challenging the Federal Trade Commission's new rule banning noncompete agreements, contending the pacts are good for the economy and that the agency lacks authority to issue the regulation.

  • April 24, 2024

    Reggie Bush Scores Heisman Back After Nearly 15 Years

    Nearly 15 years after being stripped of his records and awards, former University of Southern California running back and football legend Reggie Bush is getting his 2005 Heisman Trophy back, with the Heisman Trophy Trust citing "enormous changes" in the college football environment.

  • April 24, 2024

    3rd Circ. Won't Let Keystone Coal Escape Black Lung Payout

    The Third Circuit on Wednesday denied Keystone Coal Mining Corp.'s request to revoke benefits awarded to a miner with pneumoconiosis under the Black Lung Benefits Act, rejecting its argument that the administrative law judge hearing the case did not properly consider all the evidence.

  • April 24, 2024

    Ivy League Says Unionization Could 'Threaten' College Sports

    Ivy League schools may eliminate certain varsity sports if college athletes can unionize, the Ivy League athletic conference has told the National Labor Relations Board, urging the board to reverse a precedent-setting decision that allowed Dartmouth College's men's basketball team to unionize.

  • April 24, 2024

    4th Circ. Revives Worker's Age Bias Suit Against IT Co.

    The Fourth Circuit on Wednesday reinstated a former information technology company worker's lawsuit alleging she was unlawfully fired and replaced by someone nearly 30 years her junior, saying a trial court held her to too high a standard when it threw out her case.

  • April 24, 2024

    Tesla Must Put Musk's Potential Payday In Trust, Investors Say

    Class attorneys for Tesla stockholders have asked Delaware's chancellor to seize or shelter in a trust tens of billions in company stock sidelined by a ruling that struck down CEO Elon Musk's 10-year compensation plan in January, pending a fast-track hearing.

  • April 24, 2024

    Solar Panel Co. Loses Calif. Appeal Over PAGA Arbitration

    A California appellate panel sided with a lower court as it ruled in a published opinion that a carveout in a home solar panel company's employment agreement did not require a former worker to arbitrate his individual Private Attorneys General Act claims, keeping his suit in court.

  • April 24, 2024

    Conn. Justices Say Notice Wasn't 'Filed' Until It Was Received

    The Connecticut Supreme Court has ruled that a contractor filed notice with the state Workers' Compensation Commission to contest liability for a worker's alleged injury too late — the key word being "filed," as the justices concluded the notice was not actually filed until the commission received it, rather than when it was sent.

  • April 24, 2024

    Nev. Can't Shake Military Bias Suit Over Pensions, DOJ Says

    The federal government's suit alleging Nevada and its public employees' retirement system overcharged service members for pension credits should remain in play, the U.S. Department of Justice said, arguing it put forward enough detail showing the state's policies harm military members.

  • April 23, 2024

    Vince McMahon Says Deal With Accuser Sinks Abuse Suit

    A former World Wrestling Entertainment Inc. legal staffer who has accused founder Vince McMahon of sexually abusing and trafficking her should be forced to take her federal lawsuit to arbitration because of a deal the parties signed when they ended a consensual affair, McMahon said Tuesday in a court filing.

Expert Analysis

  • 4 Legal Ethics Considerations For The New Year

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    As attorneys and clients reset for a new year, now is a good time to take a step back and review some core ethical issues that attorneys should keep front of mind in 2024, including approaching generative artificial intelligence with caution and care, and avoiding pitfalls in outside counsel guidelines, say attorneys at HWG.

  • 2 Cases Highlight NJ Cannabis Employment Law Uncertainties

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    More than two years after its enactment, the employee protections and employer obligations in New Jersey's Cannabis Regulatory, Enforcement Assistance and Marketplace Modernization Act remain unsettled, and two recent lawsuits draw attention to the law's enforceability and its intersection with federal law, say Ruth Rauls at Saul Ewing and David White at Seton Hall.

  • 3 Compliance Reminders For Calif. Employers In 2024

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    As we enter into the new year, several recent updates to California employment law — including minimum wage and sick leave requirements — necessitate immediate compliance actions for employers, says Daniel Pyne at Hopkins & Carley.

  • What The Law Firm Of The Future Will Look Like

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    As the legal landscape shifts, it’s become increasingly clear that the BigLaw business model must adapt in four key ways to remain viable, from fostering workplace flexibility to embracing technology, say Kevin Henderson and Eric Pacifici at SMB Law Group.

  • Navigating Class Actions After Papa John's Settlement Denial

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    A Kentucky federal court's surprising denial of preliminary approval for a $5 million settlement in the Papa John's no-poach case may prove to be an outlier but suggests a class action settlement would only be approved when a plaintiff demonstrates that a litigation class would be certified, say attorneys at Robins Kaplan.

  • 4 PR Pointers When Your Case Is In The News

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    Media coverage of new lawsuits exploded last year, demonstrating why defense attorneys should devise a public relations plan that complements their legal strategy, incorporating several objectives to balance ethical obligations and advocacy, say Nathan Burchfiel at Pinkston and Ryan June at Castañeda + Heidelman.

  • Sex Harassment Arbitration Exemption: Devil Is In The Date

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    A Federal Arbitration Act amendment that exempts workplace sexual harassment claims from arbitration is muddled in ongoing confusion about its chronological reach — and as many such cases begin to run up against applicable statutes of limitations, the clock is ticking for claimants to bring their actions in court, says Abe Melamed at Signature Resolution.

  • Compliance Refresher Amid DOL Child Labor Crackdown

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    In light of the Labor Department’s recent announcement of new penalty assessment procedures for child labor law violations, Erica MacDonald and Sylvia Bokyung St. Clair at Faegre Drinker discuss what employers should know about the department’s continued focus on this issue and how to bolster compliance efforts.

  • Antitrust Enforcement Initiatives To Watch In 2024

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    The U.S. Department of Justice is likely to prioritize information-sharing prosecutions in 2024, following last year's withdrawal of safe harbors, as well as labor market enforcement after trial losses forced a pullback in 2023, say attorneys at Fried Frank.

  • Law Firm Strategies For Successfully Navigating 2024 Trends

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    Though law firms face the dual challenge of external and internal pressures as they enter 2024, firms willing to pivot will be able to stand out by adapting to stakeholder needs and reimagining their infrastructure, says Shireen Hilal at Maior Consultants.

  • Top 10 Employer Resolutions For 2024

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    From technological leaps to sea changes in labor policy to literal sea changes, 2024 provides opportunities for employers to face big-picture questions that will shape their business for years to come, say Allegra Lawrence-Hardy and Lisa Haldar at Lawrence & Bundy.

  • AI In Employment Law: The Top Guest Articles Of 2023

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    This year, the most popular employment law topics related to artificial intelligence in Law360's Expert Analysis section included ChatGPT, new AI legislation, and diversity, equity and inclusion.

  • The Most-Read Employment Law360 Guest Articles Of 2023

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    This year, some of the most popular employment topics in articles written for Law360's Expert Analysis section focused on workplace diversity, equity and inclusion, new unionization rules from the National Labor Relations Board, and proposed regulations for implementing the Pregnant Workers Fairness Act.

  • The Most-Read Legal Industry Law360 Guest Articles Of 2023

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    A range of legal industry topics drew readers' attention in Law360's Expert Analysis section this year, from associate retention strategies to ethical billing practices.

  • Lessons Learned From 2023's Top FMLA Decisions

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    This year’s most significant Family and Medical Leave Act decisions offer lessons on the act's technical requirements, including the definition of serious health condition, compliance with notice requirements and whether it is permissible to give an employee substantial extra work upon their return from leave, says Linda Dwoskin at Dechert.

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