Employment

  • March 18, 2024

    4th Circ. Preview: Airport Mishap, Inmate Pay Launch March

    The Fourth Circuit's spring session will task the court with refereeing a power struggle between Virginia regulators and the authority that runs Washington, D.C.'s airports — stemming from a workplace amputation — and delving into the "honest belief" doctrine's role in a Family Medical Leave Act case.

  • March 18, 2024

    Farmers Seek Quick Win In H-2A Suit Against DOL

    Visa-filing agency USA Farm Labor Inc. and a slew of farms and ranches said the attorney general didn't approve the U.S. Department of Labor's rule regulating wages for foreign H-2A farmworkers, urging a North Carolina federal judge to hand them a win.

  • March 18, 2024

    High Court Declines Ex-Asia Pacific Pilot's Retaliation Case

    The U.S. Supreme Court declined Monday to review a former Asia Pacific Airlines pilot's suit claiming he was punished for complaining that the company hired underqualified skippers, turning away his claim that the Ninth Circuit dismissed his case using an incorrect evidentiary standard.

  • March 18, 2024

    NJ Official Says Court System Can't Avoid Harassment Suit

    A municipal court administrator has hit back against the New Jersey state court system's claim that she is not an employee in its bid to escape a state lawsuit over a former judge's alleged sexual harassment.

  • March 18, 2024

    High Court Won't Touch BASF Worker's Vax Bias Suit

    The U.S. Supreme Court declined Monday to hear a BASF Corp. engineer's suit claiming the chemical company unlawfully isolated him from colleagues and forced COVID-19 precautions on him, leaving in place a Fifth Circuit ruling that his unvaccinated status doesn't count as a disability.

  • March 18, 2024

    Justices Won't Review McDonald's No-Poach Case

    A proposed class action targeting McDonald's past use of no-poach provisions in its franchise agreements will move ahead after the Supreme Court on Monday turned down McDonald's petition to review a Seventh Circuit ruling reviving the case.

  • March 15, 2024

    Calif. Truckers Lose Renewed Bid To Block AB 5

    A California federal judge Friday rejected a renewed bid by trucking groups to block enforcement of Assembly Bill 5, which presumes most workers are employees with few exceptions, saying any tinkering of "perceived deficiencies" is "better left to the soap box and the ballot box."

  • March 15, 2024

    Tesla Owes $42.5M To Injured Motorcyclist, Jury Says

    An Indiana state jury has awarded $42.5 million to a motorcyclist who was hit by a Tesla employee taking a left turn across traffic in a Ford work truck.

  • March 15, 2024

    Employment Authority: Diversity Programs Nab 2nd Circ. Win

    Law360 Employment Authority covers the biggest employment cases and trends. Catch up this week with coverage on why a recent Second Circuit decision axing an attack of a Pfizer diversity fellowship will make it harder to bring similar challenges, what trends in equal pay laws attorneys should be tuned in to and what's ahead in Starbucks' union strategy following an apparent negotiation breakthrough.

  • March 15, 2024

    'Perplexed' Mich. Panel Restores Eye Doc's $227K Fee Award

    An ophthalmologist who emerged victorious from a decade-long battle over a noncompete agreement with his previous employer should not lose his attorney fee award because of late-breaking evidence that undermined his win, a Michigan state appeals court has ruled.

  • March 15, 2024

    Perdue Beats Back Chicken Farmers' OT Collective Cert. Bid

    A Georgia federal judge refused to certify a proposed collective action of broiler chicken farmers claiming Perdue Foods LLC misclassified them as independent contractors to avoid paying overtime, saying one single opt-in after six months of discovery is insufficient to show that other farmers are interested in joining the suit.

  • March 15, 2024

    Harvard Enabled Anti-Asian Bias Against Professor, Suit Says

    Administrators at Harvard University's Graduate School of Design failed to take action after an associate professor from China complained about years of what she believed was discriminatory treatment by a colleague, a lawsuit filed Friday in Massachusetts state court alleges.

  • March 15, 2024

    Pittsburgh NLRB Office Approves Security Co.'s ULP Deal

    A security company will pay more than $286,000 to workers to settle an unfair labor practice charge, the National Labor Relations Board announced Friday, with the NLRB general counsel winning a lost bargaining opportunity remedy.

  • March 15, 2024

    Ohio Ambulance Co. Says HR Firm Botched Tax Returns

    An Ohio ambulance company accused its human resources management firm of failing to accurately prepare and submit amended tax returns that would have allowed the company to claim pandemic-era tax credits, according to a complaint filed in an Ohio federal court.

  • March 15, 2024

    Pa. University Knocks Out Surgeon's $15M Sex Bias Win

    A Pennsylvania federal judge has erased a $15 million verdict won by a surgeon who said Thomas Jefferson University ignored his claims that a female resident sexually assaulted him, ruling that text messages he sent warranted a new trial.

  • March 15, 2024

    GE Reaches Settlement Deal In Ex-Workers' Severance Fight

    General Electric Co. told a Kansas federal court it has reached a deal to resolve a federal benefits lawsuit from two former wind farm workers who alleged they were shortchanged on severance, a settlement coming after the energy giant lost a motion to dismiss the case in December.

  • March 15, 2024

    Ex-Philly AFSCME Council Prez Wants Election Bar Reversed

    A former American Federation of State, County and Municipal Employees leader who faced charges that he skirted hiring rules wants a Pennsylvania federal court to find that a hearing officer overstepped his authority when he removed him from office and banned him from running for reelection last month.

  • March 15, 2024

    Appeals Court Rejects Medical Cannabis User's Bias Suit

    A Connecticut appeals court refused to reinstate a former teaching assistant's lawsuit accusing a nonprofit of firing her because she has epilepsy, which she treats with medicinal cannabis, saying she failed to overcome the organization's argument that she was fired for being high around children.

  • March 15, 2024

    Feds Want 6 Years For 'Poster Boy' Of Mass. Police Corruption

    Boston federal prosecutors have recommended nearly 6 years in prison for a former Massachusetts trooper who they say is the living embodiment of police misconduct in light of his trial convictions for stealing overtime pay, lying on his taxes and cheating to get student financial aid for his son.

  • March 15, 2024

    Senate Poised To Vote On Union Atty Berner For 4th Circ.

    The U.S. Senate is scheduled to vote on Tuesday night on the confirmation of Nicole Berner, general counsel of the Service Employees International Union, for the Fourth Circuit.

  • March 15, 2024

    DOL Fights Fishery's Bid To Unveil Migrant Worker Identities

    The U.S. Department of Labor is fighting an attempt by a Mississippi fishery to uncover the identities of temporary foreign workers who claim they were retaliated against during a wage investigation, urging a federal judge to prohibit their disclosure.

  • March 15, 2024

    DOL Says PBGC Overpayment Returns Don't Violate ERISA

    The U.S. Department of Labor's employee benefits arm says it won't take enforcement action against pension plans that return overpayments made by the nation's pension backstop agency during the COVID-19 pandemic, as Congress continues to probe an accidental $127 million overpayment to a Teamsters plan.

  • March 15, 2024

    Detroit Tigers Can't Shut Out Ex-Worker's Age Bias Suit

    A Michigan federal judge said Friday a jury should hear a 58-year-old former Detroit Tigers clubhouse manager's claims that he was fired because of his age, pointing to a record that could show his boss had a pattern of replacing older workers with younger ones.

  • March 15, 2024

    Jury Hands Colo. Sportscaster Air Ball In Kroenke Bias Suit

    A Colorado federal jury has rejected a Hispanic sportscaster's claims of discrimination against pro sports empire Kroenke Sports & Entertainment in a suit alleging his former employers farmed out his duties to white coworkers and demoted him due to his race, age and substance-use disability.

  • March 15, 2024

    Off The Bench: QB 'Extortion,' Bears Bias Suit, Trans Athletes

    In this week's Off The Bench, Dallas Cowboys quarterback Dak Prescott claims a woman wants him to buy her silence about an alleged sexual assault, a man says the Chicago Bears denied him a job because he is white, and an inclusive roller derby team fights a county order denying facilities access to transgender girls and women.

Expert Analysis

  • Vaccine Accommodation Suits Show Risk Of Blanket Policies

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    A recent federal class action alleging Tyson Foods inappropriately applied a one-size-fits-all response to Arkansas employees seeking religious COVID-19 vaccine exemptions, with similar suits going back to 2022, should remind employers to individually consider every worker request for a religious accommodation, say Christopher Pardo and Elizabeth Sherwood at Hunton.

  • 5 Trade Secret Developments To Follow In 2024

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    Recent cases and trends in trade secret law indicate that significant developments are likely this year, and practitioners should be anticipating their impact on the business and legal landscape, say attorneys at Faegre Drinker.

  • Series

    Baking Bread Makes Me A Better Lawyer

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    After many years practicing law, and a few years baking bread, I have learned that there are a few keys to success in both endeavors, including the assembly of a nourishing and resilient culture, and the ability to learn from failure and exercise patience, says Rick Robinson at Reed Smith.

  • Federal Courts And AI Standing Orders: Safety Or Overkill?

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    Several district court judges have issued standing orders regulating the use of artificial intelligence in their courts, but courts should consider following ordinary notice and comment procedures before implementing sweeping mandates that could be unnecessarily burdensome and counterproductive, say attorneys at Curtis.

  • Why CFTC Whistleblowers Are Crucial To Crypto Regulation

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    The U.S. Commodity Futures Trading Commission's whistleblower program has proven to be a key tool in the U.S.' efforts to police cryptocurrency, but a funding issue shows that it has become a victim of its own success, says Stephen Kohn at Kohn Kohn.

  • PAGA Turns 20: An Employer Road Map For Managing Claims

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    As California’s Private Attorneys General Act turns 20, the arbitrability of individual and representative claims remains relatively unsettled — but employers can potentially avoid litigation involving both types of claims by following guidance from the California Supreme Court’s Adolph v. Uber ruling, say attorneys at Mintz.

  • 7 E-Discovery Predictions For 2024 And Beyond

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    The legal and technical issues of e-discovery now affect virtually every lawsuit, and in the year to come, practitioners can expect practices and policies to evolve in a number of ways, from the expanded use of relevancy redactions to mandated information security provisions in protective orders, say attorneys at Littler.

  • Securities Class Actions Show No Signs of Slowing In 2024

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    Plaintiffs asserted securities class actions at elevated levels in 2023 — a sign that filings will remain high in the year ahead — as they switched gears to target companies that allegedly have failed to anticipate supply chain disruptions, persistent inflation, rising interest rates and other macroeconomic headwinds, say attorneys at Skadden.

  • Workplace Challenges Amid Israeli-Palestinian Conflict

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    Recent tension over the Israeli-Palestinian conflict has caused challenges in the employment sphere, sparking the question of whether employees can be legally disciplined for speaking out on issues related to the conflict, which depends on various circumstances, says Alok Nadig at Sanford Heisler.

  • Tips For Contractors Preparing For Potential Gov't Shutdown

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    With elements of the Congress’ latest continuing resolution expiring on Jan. 19, companies that may be fatigued by preparing for potential shutdown after potential shutdown should consider the current political climate and take specific steps now, say attorneys at Miller & Chevalier.

  • 5 Litigation Funding Trends To Note In 2024

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    Over the next year and beyond, litigation funding will continue to evolve in ways that affect attorneys and the larger litigation landscape, from the growth of a secondary market for funded claims, to rising interest rates restricting the availability of capital, says Jeffery Lula at GLS Capital.

  • 5 NLRA Changes To Make Nonunion Employers Wary In 2024

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    As the National Labor Relations Board continues pushing an aggressive pro-union agenda and a slate of strict workplace rules, nonunion employers should study significant labor law changes from 2023 to understand why National Labor Relations Act compliance will be so crucial to protecting themselves in the new year, say attorneys at Hunton.

  • Expect National Security Scrutiny Of Higher Ed To Continue

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    In 2023, the federal government significantly elevated the national security responsibilities of academic communities, so universities and research laboratories should take a more rigorous approach to research partnerships, say attorneys at Crowell & Moring.

  • High Court's Job Bias Questions May Predict Title VII Ruling

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    Employers may be able to predict — and prepare for — important changes to workplace discrimination laws by examining the questions the U.S. Supreme Court asked during oral arguments for Muldrow v. St. Louis, where several justices seemed to favor a low threshold for Title VII suits, says Wendy LaManque at Pryor Cashman.

  • What To Know About FCA Cybersecurity Enforcement

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    Now is a good time for practitioners, government contractors and potential relators to review recent developments in cybersecurity-related False Claims Act enforcement, and consider best practices for navigating this space in the new year, say Ellen London at London & Stout, and Li Yu and Molly Knobler at DiCello Levitt.

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