Employment

  • October 01, 2024

    9th Circ. Revives FCA Claims Against Dermatology Practice

    A Ninth Circuit panel on Monday revived the claims of a former employee who accused a Nevada dermatology practice of retaliation under the False Claims Act and other wrongdoing, reversing the practice's early win and sending the case back for trial.

  • October 01, 2024

    Novel FCA Decision Amplifies Voices Of Whistleblower Critics

    A Florida federal judge's characterization of whistleblowers as self-appointed "special prosecutors" when they file lawsuits on the federal government's behalf amplifies the voices of critics questioning the constitutionality of a key enforcement tool for fighting fraud, while threatening to create a circuit split.

  • October 01, 2024

    Colo. Workers' Comp. Doesn't Exempt Employer Auto Insurers

    Workers who are injured in car accidents while on the job can sue their employers' auto insurance carriers for underinsured motorist coverage, even if they have received workers' compensation benefits, Colorado's supreme court concluded, finding no state law precluded it.

  • October 01, 2024

    Starbucks Investor Suit Seems 'Premature,' Court Official Says

    A Washington appellate commissioner gave Starbucks another chance to end a shareholder suit accusing the company's leadership of turning a blind eye to union-busting by managers, saying the lawsuit appears "premature" since it mostly relies on unfair labor practice complaints that are still pending.

  • October 01, 2024

    Military Contractor's Widow Can Continue Death Benefit Suit

    A widow's pursuit of $670,000 in benefits following her husband's death in Afghanistan while training the country's police force can continue, an Illinois federal judge ruled, trimming claims against the man's employers and benefits administrators but leaving her breach of contract claim against an insurer intact.

  • October 01, 2024

    Meta Subjected Employee To Colleague's Stalking, Suit Says

    Meta was sued in New York state court on Tuesday by an employee who claims the tech giant failed to assist him when a former colleague began stalking and harassing him — and then accidentally rehired the co-worker.

  • October 01, 2024

    Wash. Panel Backs Workers' $3.3M Win In Meal Break Suit

    A Washington appeals court refused to upend a class of workers' $3.3 million win in their lawsuit accusing a Seattle-based hospital of failing to provide them with 30-minute meal periods, saying employees in Washington state are entitled to additional pay if they're forced to work through their breaks.

  • October 01, 2024

    EEOC, Hooters Not Taking Bias Suit 'Seriously,' Judge Chides

    Attorneys for the U.S. Equal Employment Opportunity Commission and Hooters got a dressing down Tuesday by a federal judge in North Carolina who accused them of dragging their feet and wasting the court's time by asking for deadline extensions without making meaningful progress.

  • October 01, 2024

    Client's Late Arrival, Bankruptcy Complicate Age Bias Suit

    The co-owner for a bankrupt Pittsburgh hotel almost lost his lawyer Tuesday, arriving late and introducing himself to the attorney for the first time in person at a hearing on the attorney's motion to withdraw from defending him against an ex-employee's age bias claim.

  • October 01, 2024

    DOJ Joins Employee Antitrust Suit Against UPMC

    The U.S. Department of Justice is backing a proposed class action from University of Pittsburgh Medical Center workers who say the hospital used noncompetes and blacklists to suppress wages, telling a Pennsylvania federal judge that UPMC's motion to dismiss the suit sets an "insurmountable" pre-discovery bar for plaintiffs.

  • October 01, 2024

    McElroy Deutsch Must Face 'Malicious' Claim From Fired Exec

    A former business development director from McElroy Deutsch Mulvaney & Carpenter LLP has been given the go-ahead from a New Jersey state judge to bring a malicious-prosecution claim against the firm in litigation over her and her husband's alleged multimillion-dollar embezzlement from the firm.

  • October 01, 2024

    Wigdor Sued For Dragging Cuomo Aide Into Harassment Case

    Former New York Gov. Andrew Cuomo's spokesperson hit Wigdor LLP with a malicious prosecution suit Tuesday, claiming the well-known employment law firm filed a bogus retaliation claim against him for likening a sexual harassment suit against Cuomo to extortion.

  • October 01, 2024

    Buchalter Grows In Atlanta With Taylor English IP Litigators

    Buchalter PC has continued its expansion in Georgia with the addition of two intellectual property litigators from Taylor English Duma LLP.

  • October 01, 2024

    Workers Say Entertainment Co. Denied Them Wages, Breaks

    An entertainment and hospitality company misclassified workers as independent contractors and deprived them of labor protections including overtime wages and rest periods, a proposed class action filed in California state court said.

  • October 01, 2024

    FanDuel Sued For $250M By Convicted Ex-Jaguars Employee

    A former employee of the NFL's Jacksonville Jaguars who's in federal prison for embezzling millions to spend on online gambling sued FanDuel for $250 million in New York federal court Tuesday, accusing the betting platform of preying on his addiction to encourage him to continue.

  • October 01, 2024

    NLRB Attys Press For Dartmouth Basketball Bargaining Order

    The National Labor Relations Board should order Dartmouth College to bargain with its unionized men's basketball team, board prosecutors told the NLRB, arguing that the college's refusal to do so broke federal law.

  • October 01, 2024

    Colo. Must Face Bulk Of Airline Group's Sick Leave Challenge

    A Colorado federal judge refused to throw out a suit from an airline lobbying group alleging the state's sick leave law is unlawful, though he agreed to toss the group's Railway Labor Act claim because the act doesn't meaningfully disrupt current collective bargaining agreements.

  • October 01, 2024

    Foley Adds 2 DLA Piper Business Litigators In San Francisco

    Foley & Lardner LLP is expanding its business litigation team in Northern California, announcing Monday it has brought in two DLA Piper trade secrets experts as partners in its San Francisco office.

  • October 01, 2024

    'Unsworn' Actors Sink Qui Tam Provision, Fla. Judge Rules

    A Florida federal judge on Monday ruled that the provision of the False Claims Act allowing whistleblowers to bring suits on behalf of the federal government is unconstitutional, dismissing a closely watched Medicare Advantage fraud case and potentially upending a key federal enforcement tool.

  • September 30, 2024

    'I Was Excluded,' White Ex-Cognizant Worker Tells Jury

    A former Cognizant employee testifying for a class of former workers alleging the company is biased in favor of Indian employees corrected an attorney on Monday when asked if she "felt excluded" at the company, insisting, "Well, I was excluded."

  • September 30, 2024

    Wheeling & Appealing: The Latest Must-Know Appellate Action

    The year's spookiest month is looking scary-good for appellate aficionados, as famed oral advocates joust in October over net neutrality and Uber's extraordinary bid to unravel multidistrict litigation — just two of the high-profile arguments previewed in this edition of Wheeling & Appealing. October also begins with former President Jimmy Carter turning 100, and we'll test your knowledge of his profound impact on the judiciary.

  • September 30, 2024

    Pa. Bankruptcy Court OKs $53M Sale Of Nursing Homes

    A federal bankruptcy judge approved the proposed sale of nine western Pennsylvania nursing homes to affiliates of Kadima Healthcare Group for $53 million Monday, as part of Chapter 11 proceedings for more than a dozen facilities operating under the umbrella of Comprehensive Healthcare Management Systems.

  • September 30, 2024

    Calif. Becomes Latest To Ban 'Captive Audience' Meetings

    California has become the 10th state to ban so-called captive audience meetings, with Gov. Gavin Newsom signing a union-backed bill that bars employers from making workers attend meetings on religious or political matters, such as forming a union.

  • September 30, 2024

    UNITE HERE Calls For Contempt Order Against Calif. Tribe

    A Native American tribe in California hasn't followed a district court's order compelling arbitration about a representation process with a card check procedure at a casino, UNITE HERE argued, seeking an order to hold the tribe in contempt.

  • September 30, 2024

    Sean Combs To Appeal Bail Denial, Bolsters Legal Team

    Sean "Diddy" Combs is appealing a Manhattan federal judge's decision to deny him bail in a criminal case accusing the hip-hop mogul of sex trafficking and has bolstered his legal team, according to filings Monday in the U.S. District Court for the Southern District of New York.

Expert Analysis

  • Using A Children's Book Approach In Firm Marketing Content

    Author Photo

    From “The Giving Tree” to “Where the Wild Things Are,” most children’s books are easy to remember because they use simple words and numbers to tell stories with a human impact — a formula law firms should emulate in their marketing content to stay front of mind for potential clients, says Seema Desai Maglio at The Found Word.

  • The State Of Play In DEI And ESG 1 Year After Harvard Ruling

    Author Photo

    Almost a year after the U.S. Supreme Court decided Students for Fair Admissions v. Harvard, attorney general scrutiny of environmental, social and governance-related efforts indicates a potential path for corporate diversity, equity and inclusion initiatives to be targeted, say attorneys at Crowell & Moring.

  • FTC Noncompete Rule Risks A Wave Of State AG Actions

    Author Photo

    The Federal Trade Commission's final rule language banning noncompetes may contribute to a waterfall enforcement effect in which state attorneys general deploy their broad authority to treat noncompetes as separate and independent violations, say Ryan Strasser and Carson Cox at Troutman Pepper.

  • How To Use Exhibits Strategically Throughout Your Case

    Author Photo

    Exhibits, and documents in particular, are the lifeblood of legal advocacy, so attorneys must understand how to wield them effectively throughout different stages of a case to help build strategy, elevate witness preparation and effectively persuade the fact-finders, say Allison Rocker at Baker McKenzie and Colorado prosecutor Adam Kendall.

  • Series

    Being An EMT Makes Me A Better Lawyer

    Author Photo

    While some of my experiences as an emergency medical technician have been unusually painful and searing, the skills I’ve learned — such as triage, empathy and preparedness — are just as useful in my work as a restructuring lawyer, says Marshall Huebner at Davis Polk.

  • Behind Court Challenges To The FTC's Final Noncompete Rule

    Author Photo

    The Federal Trade Commission's recent final rule banning noncompetes may not go into effect any time soon amid a couple of Texas federal court challenges seeking to bar the rule's implementation, which will likely see appeals all the way to the U.S. Supreme Court, says Michael Elkins at MLE Law.

  • 15 Quick Tips For Uncovering And Mitigating Juror Biases

    Author Photo

    As highlighted by the recent jury selection process in the criminal hush money trial against former President Donald Trump, juror bias presents formidable challenges for defendants, and attorneys must employ proactive strategies — both new and old — to blunt its impact, say Monica Delgado and Jonathan Harris at Harris St. Laurent.

  • Corporate Insurance Considerations For Trafficking Claims

    Author Photo

    With the surge in litigation over liability under the Trafficking Victims Protection Reauthorization Act, corporate risk managers and in-house counsel need to ensure that appropriate insurance coverage is in place to provide for defense and indemnity against this liability, says Micah Skidmore at Haynes Boone.

  • High-Hazard Retailers: Are You Ready For OSHA Inspections?

    Author Photo

    In light of a bill introduced this month in Congress to protect warehouse workers, relevant employers — including certain retailers — should remain aware of an ongoing Occupational Safety and Health Administration initiative that has increased the likelihood of inspection over the next couple of years, say Julie Vanneman and Samantha Cook at Dentons Cohen.

  • Tips For Keeping Trade Secrets In The Vault

    Author Photo

    Key practices aimed at maintaining confidentiality can help companies establish trade secret status as the Federal Trade Commission's ban on noncompetes makes it prudent to explore other security measures, says John Baranello at Moses & Singer.

  • Navigating Title VII Compliance And Litigation Post-Muldrow

    Author Photo

    The U.S. Supreme Court’s recent ruling in Muldrow v. St. Louis has broadened the scope of Title VII litigation, meaning employers must reassess their practices to ensure compliance across jurisdictions and conduct more detailed factual analyses to defend against claims effectively, say Robert Pepple and Christopher Stevens at Nixon Peabody.

  • 3 Employer Lessons From NLRB's Complaint Against SpaceX

    Author Photo

    Severance agreements traditionally have included nondisparagement and nondisclosure provisions as a matter of course — but a recent National Labor Relations Board complaint against SpaceX underscores the ongoing efforts to narrow severance agreements at the state and federal levels, say attorneys at Williams & Connolly.

  • Lessons On Challenging Class Plaintiffs' Expert Testimony

    Author Photo

    In class actions seeking damages, plaintiffs are increasingly using expert opinions to establish predominance, but several recent rulings from California federal courts shed light on how defendants can respond, say Jennifer Romano and Raija Horstman at Crowell & Moring.

  • Exploring An Alternative Model Of Litigation Finance

    Author Photo

    A new model of litigation finance, most aptly described as insurance-backed litigation funding, differs from traditional funding in two key ways, and the process of securing it involves three primary steps, say Bob Koneck, Christopher Le Neve Foster and Richard Butters at Atlantic Global Risk LLC.

  • FTC Noncompete Rule's Impact On Healthcare Nonprofits

    Author Photo

    Healthcare entities that are nonprofit or tax-exempt and thus outside of the pending Federal Trade Commission noncompete rule's reach should evaluate a number of potential risk factors and impacts, starting by assessing their own status, say Ben Shook and Tania Archer at Moore & Van Allen.

Want to publish in Law360?


Submit an idea

Have a news tip?


Contact us here
Can't find the article you're looking for? Click here to search the Employment archive.
Hello! I'm Law360's automated support bot.

How can I help you today?

For example, you can type:
  • I forgot my password
  • I took a free trial but didn't get a verification email
  • How do I sign up for a newsletter?
Ask a question!