Employment

  • October 13, 2026

    Feds Propose More Scrutiny For Visa Extension Petitions

    U.S. Citizenship and Immigration Services said it wants to eliminate a regulation that directed it to give deference to previous eligibility determinations for nonimmigrant foreign workers when it considers petitions to extend their authorizations.

  • October 13, 2026

    NLRB Says Amazon's Union Vote Challenges Fall Short

    The National Labor Relations Board has urged the Fifth Circuit to reject Amazon's challenge to an order to negotiate with workers at a Staten Island, New York, warehouse, arguing its appeal of a union's 2022 election win misstates the board's analysis and distorts the evidence.

  • October 13, 2026

    Ex-AmTrust Atty Says Insurer Targeted Older Employees

    A former staff attorney for AmTrust Financial Services Inc. is suing his former employer in New Jersey state court, alleging that his firing was the result of a deliberate, yearslong campaign to purge the litigation department of older attorneys.

  • October 13, 2026

    2nd Circ. Revives Lidl Worker's Unpaid Waiting Time Suit

    Waiting time is compensable under federal wage law when employees are required to report to work but cannot begin their duties for reasons beyond their control, the Second Circuit ruled Tuesday in reviving a Lidl grocery store worker's unpaid wage claims.

  • October 13, 2026

    High Court Won't Hear Ex-United Worker's Suit Against IAM

    The U.S. Supreme Court on Tuesday declined to revive a lawsuit brought by a former United Airlines customer service agent seeking to bring claims against her union for failing to take her wrongful discharge claim against the company to arbitration.

  • October 13, 2026

    DHS Cuts Refugees' Time To Fight Termination To 10 Days

    The U.S. Department of Homeland Security on Tuesday announced an interim final rule that shrinks the window refugees have to contest termination of their status from 30 to 10 days, arguing the shift will help combat national security risks.

  • October 13, 2026

    Security Dog Firm Can Appeal £88K UK Tax Bill

    A security firm providing search dogs can appeal a decision that it must pay over £88,500 ($117,000) in tax, a London tribunal ruled, saying the judgment contained a possible error of law on the status of costs under worker-agency rules.

  • October 13, 2026

    Drug Tests Don't Trigger Weingarten Rights, NLRB Attys Say

    Workers don't have the right to consult a union representative before taking an employer-mandated drug test, National Labor Relations Board prosecutors said, asking the board to rule that the so-called Weingarten right isn't available in the context of drug and alcohol testing.

  • October 13, 2026

    Harvard Fired Jewish Worker Out Of Religious Bias, Suit Says

    Harvard College fired a Jewish worker after he took time off to observe Rosh Hashanah, according to a new religious bias suit the former employee filed in New York federal court.

  • October 13, 2026

    Insurance Co. Can't Undo Wage Collective Ruling

    A New Jersey federal judge upheld a decision allowing sales agents to pursue wage claims as a collective against an insurance company, rejecting the insurer's arguments that the workers weren't similarly situated and that their overtime claims were improperly certified.

  • October 13, 2026

    Laid-Off Workers Can't Sue Amid Board Appeal, Feds Say

    The federal government asked a Maryland federal court to throw out a suit brought by more than 300 former federal workers who say their agency layoffs were politically motivated, arguing the workers must pursue their claims through an administrative process before heading to court.

  • October 13, 2026

    Pa. High Court Snapshot: Jail Bargaining, Energy Land Tiffs

    The Pennsylvania Supreme Court will consider whether a referendum banning solitary confinement at the Allegheny County Jail had to be bargained with the jail's union when the court sits in Pittsburgh starting Wednesday.

  • October 13, 2026

    High Court Won't Take Up Texas A&M Prof's FMLA Appeal

    The U.S. Supreme Court refused Tuesday to review a Texas A&M University professor's lawsuit alleging she was denied tenure because of pregnancy-related time off, leaving in place a state court's conclusion that the college had immunity from her Family and Medical Leave Act claims.

  • October 13, 2026

    High Court To Consider DOGE FOIA Dispute

    The U.S. Supreme Court announced Tuesday it will review the D.C. Circuit's decision to greenlight limited discovery aimed at determining whether the Department of Government Efficiency is an agency subject to the Freedom of Information Act.

  • October 13, 2026

    Supreme Court Won't Weigh Employer-Knowledge OT Defense

    The U.S. Supreme Court declined on Tuesday to review whether an employer owes overtime pay if it did not have knowledge that the worker was putting in the extra hours, avoiding reconsideration of a Fifth Circuit ruling in a wage case against Texas Farm Bureau.

  • October 09, 2026

    FBI Portal Hack Sharpens Focus On Cyber Regulation Path

    The recent hack of the FBI's jobs portal underscores mounting cyberthreats to government agencies and critical infrastructure, fueling the debate over whether internal fixes or formal regulation can best address the growing cyber risks powered by artificial intelligence.

  • October 09, 2026

    Mill Co. Says It's Immune To Suit Over Deadly Tank Collapse

    Nippon Dynawave Packaging Co. LLC, which runs a Pacific Northwest pulp and paper mill where 11 employees died after a chemical tank burst in May, has told a Washington judge that a wrongful death suit over the incident can't proceed because of the state's workers' compensation law.

  • October 09, 2026

    DOJ Seeks To Pause Order Blocking Demand For Driver Data

    The Justice Department is asking a Virginia federal judge to pause his injunction barring the Trump administration from obtaining millions of commercial driver's license records from a nationwide database while it appeals the ruling, claiming that the district court likely lacked jurisdiction to hear the lawsuit in the first place.

  • October 09, 2026

    Employment Authority: Calif. Sets Up New Workplace AI Rules

    Law360 Employment Authority covers the biggest employment cases and trends. Catch up this week with coverage on questions about California's new laws regarding how employers use artificial intelligence, a new challenge to long-standing National Labor Relations Board precedent about union elections, and how New York City's new data research division plans to bolster the city's wage and hour enforcement work.

  • October 09, 2026

    States Fight DOL's Ax Of Unemployment Insurance Grants

    Fourteen states sued the federal government in the U.S. Court of Federal Claims on Friday, alleging the U.S. Department of Labor wrongfully terminated grants intended for modernizing their unemployment insurance programs.

  • October 09, 2026

    CU Boulder Hiked Fees For Records Requests, Suit Says

    An administrator at the University of Colorado Boulder claimed in Colorado state court Thursday that the school improperly withheld and attempted to overcharge for records requested related to harassment he experienced under the Colorado Open Records Act.

  • October 09, 2026

    ERISA Recap: 6 Notable Decisions From September

    The Tenth and Seventh circuits issued published opinions in two union retirement disputes, while the Sixth Circuit found that the Commonwealth of Kentucky's lawsuit against pharmacy benefit managers does not belong in state court, citing colorable federal preemption arguments. Here's more on those decisions and three other notable rulings involving the Employee Retirement Income Security Act that came down in September.

  • October 09, 2026

    Veterinarian Says He Was Axed For Flagging Bias, Harassment

    A veterinarian filed suit against a Georgia animal hospital in federal court, alleging the company fired him in retaliation for complaining about race discrimination, sexual harassment and disability discrimination he faced in the workplace.

  • October 09, 2026

    Texas Firm Aims To Sink Ex-Attorney's Military Bias Suit

    The Law Offices of Allen Rad PC on Friday urged a Texas federal court to dismiss a discrimination lawsuit filed by a former attorney who alleges he was terminated because of his Texas National Guard service, arguing the complaint is factually deficient.

  • October 09, 2026

    Florida Roofer Says He Asked About Overtime Pay, Got Fired

    A roofer has brought Florida federal proposed collective action alleging the owner of two construction companies didn't pay overtime, claiming he was terminated from employment soon after asking questions about time-and-a-half wages. 

Expert Analysis

  • How Litigants Are Testing Conversion Therapy Ruling's Scope

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    Litigants are already using the U.S. Supreme Court’s recent Chiles v. Salazar ruling, which applied strict scrutiny to Colorado’s conversion therapy ban, to challenge laws limiting algorithmic rental pricing, artificial intelligence-based discrimination and anti-union employer speech, and courts must soon decide Chiles’ First Amendment limits, say attorneys at O'Melveny.

  • Reel Justice: 'Obsession' And The Importance Of Precision

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    In “Obsession,” the main character’s failure to define the limits of his wish results in an unexpectedly horrifying outcome, highlighting for attorneys why careful word choice is essential not only in briefs, but also in charging decisions, statutory interpretation and all stages of criminal litigation, says Veronica Finkelstein at Widener-Delaware Law.

  • How Justices' TPS Ruling Affects Workforce Planning

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    The U.S. Supreme Court’s recent holding in Mullin v. Doe that courts lack jurisdiction to review temporary protected status determinations greenlights the end of TPS for thousands of Syrian and Haitian nationals, and means employers must reevaluate TPS-designees' employability while avoiding discriminatory document practices, says attorney Richard Herman.

  • Del. Dispatch: The New 'Director Independence' Definition

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    The Delaware Court of Chancery's recent decision in Ayers v. Foley, its first interpretation and application of "director independence" as outlined in Section 144 of the Delaware General Corporation Law, suggests that the court will not limit the new section's reach, say attorneys at Fried Frank.

  • What To Know Before Justices Rule In Title IX Employee Case

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    The U.S. Supreme Court is poised to decide whether Title IX protections extend to employees alleging sex discrimination in Crowther v. Board of Regents of the University System of Georgia, which could have significant implications for higher education institutions and their employees, say attorneys at Ropes & Gray.

  • Fed. Circ. Ruling Highlights The Cost Of Incorrect Inventorship

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    The Federal Circuit's recent decision in Fortress Iron v. Digger Specialties, affirming that a fencing company's patents were invalid due to a missing co-inventor, is a reminder that confirming correct inventorship should be a critical part of every patent invalidity workup, say attorneys at Neal Gerber.

  • Future Of Fed Independence Shaky After Justices' Ruling

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    The U.S. Supreme Court's recent ruling in Trump v. Cook preserved the Federal Reserve's formal independence but could invite the president to remove board members with just modest protections, leaving the central bank's autonomy uncertain and potentially setting up fresh clashes over other agencies, says Steven Schwinn at the University of Chicago.

  • Laptop Farms Highlight Identity Fraud Risks Of Remote Work

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    Two U.S. nationals' recent sentencing in Massachusetts federal court for a scheme that enabled foreign operatives to obtain remote jobs at U.S. companies using stolen identities is a reminder that employers must recalibrate their remote hiring, onboarding and monitoring practices to mitigate evolving cybersecurity and geopolitical risks, say attorneys at Foley & Lardner.

  • Series

    Bass Fishing Makes Me A Better Lawyer

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    Landing a trophy striped bass and closing a big deal both require cultivating the patience to finesse — not force — your way to desired outcomes, changing course when your old approach isn’t working and learning from the ones that got away, says Jon Ruiss at Alston & Bird.

  • What To Know If DOL Raises Overtime Salary Floor

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    With the U.S. Department of Labor recently rescinding a 2024 rule that increased the minimum salary for the Fair Labor Standards Act's overtime exemptions, employers should assess how a future increase would affect their workforce, paying particular attention to job duties requirements and state laws, says James Coleman at Constangy.

  • Roundup

    The Most Talked-About Supreme Court Decisions Of 2026

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    This term, 11 U.S. Supreme Court decisions quickly became hot topics among Law360's guest writers.

  • Fighting The Evidentiary Risks Of Deepfakes In Court

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    Though courts and federal rules are only slowly developing frameworks for assessing digital evidence that could have been created or generated by artificial intelligence, litigators should understand what steps they'll likely need to take to successfully challenge potentially deepfaked exhibits — and fight questions about the authenticity of their own, say attorneys at MoFo.

  • Pregnancy Bias Suits Highlight EEOC's Expanding Reach

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    Recent U.S. Equal Employment Opportunity Commission suits show that enactment of the Pregnant Workers Fairness Act has drawn scrutiny to a wider range of employment decisions and an increasing focus on individual decisions as indicators of whether an employer's policies comply with evolving federal requirements, say attorneys at Krevolin Horst.

  • Mitigating Employer Risk In Immigration Compliance Visits

    Excerpt from Practical Guidance
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    As Fraud Detection and National Security Directorate site visits become an increasingly important tool to verify that the details in employment-based immigration petitions match the reality of the workplace, employers can reduce their risk by treating preparedness as part of their immigration compliance program, says Morgan Bailey at Mayer Brown.

  • How Montgomery Ruling Will Affect Cos. Across Supply Chain

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    Since the U.S. Supreme Court's May 14 decision in Montgomery v. Caribe Transport II, the immediate focus has been on freight brokers and negligent carrier-selection claims, but the ripple effects may extend to shippers, logistics providers, insurers, transportation managers and other participants in the supply chain, say attorneys at Quintairos Prieto.

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