Employment

  • March 25, 2024

    NC High Court Vacates Workers' Comp For Weight Loss Surgery

    A divided North Carolina Supreme Court has adopted a test for determining when someone is entitled to workers' compensation for treatment related to their workplace injury and, in doing so, reversed a ruling finding a preschool must pay for an employee's weight loss surgery.

  • March 25, 2024

    Texas Challenge To HHS Adoption Discrimination Rule Tossed

    A Texas federal judge has scrapped a lawsuit challenging an Obama-era rule prohibiting recipients of adoption-related federal funding from discriminating based on gender and sexual orientation, writing that the federal government's decision not to enforce the regulation moots the case. 

  • March 25, 2024

    X Can't Boot Severance Suit To Arbitration, Ex-Worker Says

    A former employee told a Delaware federal court that X Corp. can't derail a suit alleging it owes $500 million for skimping on severance pay after Elon Musk took over and fired thousands of workers, saying X breached the pact it's trying to use to force arbitration.

  • March 25, 2024

    5th Circ. Told Procurement Act Limits Biden's Wage Power

    The Biden administration lacks authority to implement a $15-per-hour minimum wage for government contractors, three Southern states told the Fifth Circuit, because the Procurement Act only empowers the executive branch to trim federal expenditures.

  • March 25, 2024

    7th Circ. Reverses Union's $2.3M Win In Pension Dispute

    The Seventh Circuit reversed a Teamsters pension fund's $2.3 million win in a dispute over withdrawal liability against a bulk transport company, finding that a lower court properly denied the union attorney fees but erred in ruling in the union's favor on the merits of the case.

  • March 25, 2024

    DOJ Calls Probe Of Alleged SpaceX Hiring Bias Constitutional

    The U.S. Department of Justice has defended its investigation into allegations that SpaceX refused to hire asylum-seekers and refugees, telling a Texas federal judge that its authority stems from a constitutionally sound provision of federal immigration law barring workplace discrimination based on citizenship status.

  • March 25, 2024

    Spending Bill Gives $260M To DOL Wage Division

    The U.S. Department of Labor's Wage and Hour Division is expected to receive $260 million through the end of the fiscal year after President Joe Biden signed off on the latest bipartisan government funding bill.

  • March 25, 2024

    Plaintiffs' Attys Found Not Violating Soliciting Rules In OT Suit

    Current and former employees of a Pennsylvania coal company earned conditional certification and did not violate soliciting rules for a collective action accusing management of violating overtime rules by not compensating time spent attending to gear before and after shifts, a federal judge ruled.

  • March 25, 2024

    Lazard Beats Fired Indian Exec's Bias, Retaliation Suit

    Lazard Asset Management defeated a former senior vice president's suit alleging he was fired because of his Indian and Hindu background while on parental leave, with a New York federal judge ruling he failed to show that his negative performance evaluations stemmed from discrimination.

  • March 25, 2024

    Class Cert. In United Military Leave Suit Will Have To Wait

    An Illinois federal judge said he had doubts about claims that United Airlines owes pay to pilots taking military leaves, saying he'll wait for several appeals courts to decide the fate of similar suits before signing off on class certification.

  • March 25, 2024

    Radio Host's Sex Orientation Bias Claims Fall Flat At 11th Circ.

    The Eleventh Circuit rejected a former radio host's push for a second shot at pursuing his claims that he was fired because of his bisexuality, after the panel found he hadn't overcome the station's argument that he was terminated over a drunken episode at a concert.

  • March 22, 2024

    Bank Beats Whistleblower Suit Alleging CEO Spread COVID-19

    Bank Hapoalim BM and the CEO of its New York branch has beaten, for now, an ex-employee's federal sex discrimination allegations after a Manhattan federal judge found that her suit hadn't shown how she'd suffered retaliation after complaining that her boss gave dozens of employees COVID-19.

  • March 22, 2024

    Up Next At High Court: Abortion, Jury Trials And Estate Tax

    The U.S. Supreme Court will hear oral arguments this week over the U.S. Food and Drug Administration's decision expanding access to popular abortion pill mifepristone as well as whether juries should determine a defendants' eligibility for repeat offender enhanced sentencing under the Armed Career Criminal Act and how long federal employees have to appeal adverse employment decisions.

  • March 22, 2024

    Activists Press Full 5th Circ. To Nix Nasdaq Diversity Rule

    Conservative groups opposing a requirement that Nasdaq-listed companies publicly disclose board diversity data are pressing the full bench of the Fifth Circuit to declare the rule unconstitutional, arguing the U.S. Securities and Exchange Commission's involvement in the rulemaking process transforms the requirement into an unconstitutional restraint on free speech. 

  • March 22, 2024

    Fired CFO Of Conn. Gas Co. Seeks $5.6M From Sale

    The former chief financial officer of Hocon Gas Inc., a propane and heating oil company serving three Northeastern states, says he was fired for dubious reasons after demanding his share of distributions ahead of a planned sale of the company and its affiliates, in a $5.6 million lawsuit in Connecticut state court.

  • March 22, 2024

    Missed Deadline May Doom Union Worker's Benefits Fight

    A Michigan federal judge on Friday warned a union worker alleging the United Auto Workers mismanaged her claim for benefits that she could have her lawsuit dismissed if she doesn't respond to the union's request to toss the accusations.

  • March 22, 2024

    Floral Co. Pays Feds $2M To End Migrant Exploitation Action

    A Washington floral wreath and garland manufacturer will pay $1.9 million to close a U.S. Department of Labor probe into allegations that it underpaid and withheld safe housing and transportation from hundreds of temporary migrant workers.

  • March 22, 2024

    Employment Authority: Pandemic's W&H Compliance Impact

    Law360 Employment Authority covers the biggest employment cases and trends. Catch up this week with coverage on wage-and-hour compliance lessons for employers four years after the pandemic began, how recent federal appellate court decisions supported workplace diversity, equity and inclusion efforts and experts' advice to employers in this election year given the National Labor Relations Board's stance on workers' rights to advocate for themselves.

  • March 22, 2024

    Foley Hoag Adds Employment Atty To Denver Office

    A former Sherman & Howard LLC attorney advising employers on union organizing campaigns, collective bargaining and unfair labor practice cases is now a Foley Hoag LLP partner in Denver, the firm announced, where he will bring 20-plus years of experience in private practice and as an NLRB attorney.

  • March 22, 2024

    Occidental Says Ex-Worker Wasn't Fired For Disability

    Houston-based Occidental Petroleum Corp. says that it didn't interfere with a former employee's access to leave under the Family and Medical Leave Act and didn't retaliate against him for seeking leave, telling a Texas federal court Friday that the worker's suit should be tossed because any damages he may have suffered were his own doing.

  • March 22, 2024

    11th Circ. Says Pipefitting Co. Must Rehire Union Workers

    A Georgia pipefitting company violated federal labor law when it prematurely terminated a project labor agreement with a union, then fired or rescinded job offers to 18 union-represented workers, the Eleventh Circuit ruled Friday, upholding decisions by a National Labor Relations Board panel and an agency judge.

  • March 22, 2024

    Union Seeks Quick Win In Nuclear Plant Healthcare Row

    An IBEW local is urging a Pennsylvania federal judge to grant it a quick win in its fight to send to arbitration a grievance challenging a nuclear power plant operator's healthcare benefits contributions, arguing that the dispute falls within the parameters of the union's collective bargaining agreement.

  • March 22, 2024

    States Say Prez Doesn't Have Power To Hike Contractor Pay

    Four states told the Ninth Circuit that the Biden administration's implementation of a $15-per-hour minimum wage for federal contractors was unlawful, arguing that the government misinterpreted a statement of statutory purpose as a mandate for broad regulatory authority.

  • March 22, 2024

    DraftKings' Suit Is 'Character Assassination,' Former VP Says

    A former DraftKings executive picked apart a trade secret suit brought against him in Massachusetts federal court by his ex-employer, saying it's an attempt to "torch his reputation" with questionable evidence that also demonstrates the company's practice of smearing employees who leave for better opportunities.

  • March 22, 2024

    Former Hiller Atty Fights To Keep Entire Wage Suit Standing

    A former cannabis attorney at boutique firm Hiller PC told a New York state judge on Friday that her wage suit should stay in place in its entirety, saying that her contract existence doesn't prevent unjust enrichment claims.

Expert Analysis

  • How Echoing Techniques Can Derail Witnesses At Deposition

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    Before depositions, defense attorneys must prepare witnesses to recognize covert echoing techniques that may be used by opposing counsel to lower their defenses and elicit sensitive information — potentially leading to nuclear settlements and verdicts, say Bill Kanasky and Steve Wood at Courtroom Sciences.

  • 6 Ways To Minimize Risk, Remain Respectful During Layoffs

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    With a recent Resume Builder survey finding that 38% of companies expect to lay off employees this year, now is a good time for employers to review several strategies that can help mitigate legal risks and maintain compassion in the reduction-in-force process, says Sahara Pynes at Fox Rothschild.

  • 7 Common Myths About Lateral Partner Moves

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    As lateral recruiting remains a key factor for law firm growth, partners considering a lateral move should be aware of a few commonly held myths — some of which contain a kernel of truth, and some of which are flat out wrong, says Dave Maurer at Major Lindsey.

  • NYC Workplace AI Regulation Has Been Largely Insignificant

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    Though a Cornell University study suggests that a New York City law intended to regulate artificial intelligence in the workplace has had an underwhelming impact, the law may still help shape the city's future AI regulation efforts, say Reid Skibell and Nathan Ades at Glenn Agre.

  • Series

    Cheering In The NFL Makes Me A Better Lawyer

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    Balancing my time between a BigLaw career and my role as an NFL cheerleader has taught me that pursuing your passions outside of work is not a distraction, but rather an opportunity to harness important skills that can positively affect how you approach work and view success in your career, says Rachel Schuster at Sheppard Mullin.

  • Args In APA Case Amplify Justices' Focus On Agency Power

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    In arguments last week in Corner Post v. Federal Reserve, the U.S. Supreme Court justices paid particular importance to the possible ripple effects of their decision, which will address when a facial challenge to long-standing federal rules under the Administrative Procedure Act first accrues and could thus unleash a flood of new lawsuits, say attorneys at Snell & Wilmer.

  • Mitigating Whistleblower Risks After High Court UBS Ruling

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    While it is always good practice for companies to periodically review whistleblower trainings, policies and procedures, the U.S. Supreme Court’s recent whistleblower-friendly ruling in Murray v. UBS Securities helps demonstrate their importance in reducing litigation risk, say attorneys at Arnold & Porter.

  • Using Arbitration And Class Waivers As Privacy Suit Tools

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    Amid a surge in data breach class actions over the last few years, several federal court decisions indicate that arbitration clauses and class action waiver provisions can be possible alternatives to public court battles and potentially reduce the costs of privacy litigation, say Mark Olthoff and Courtney Klaus at Polsinelli.

  • Future Not Looking Bright For Calif. Employee Nonsolicits

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    California's new legislation imposing potentially harsh consequences on employers for attempting to enforce noncompetes raises questions about the fate of employee nonsolicitation agreements — and both federal and state court decisions suggest the days of the latter may be numbered, say Anthony Oncidi and Philippe Lebel at Proskauer.

  • 6 Pointers For Attys To Build Trust, Credibility On Social Media

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    In an era of information overload, attorneys can use social media strategically — from making infographics to leveraging targeted advertising — to cut through the noise and establish a reputation among current and potential clients, says Marly Broudie at SocialEyes Communications.

  • Del. Ruling Stands Out In Thorny Noncompete Landscape

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    In Cantor Fitzgerald v. Ainslie, the Delaware Supreme Court last month upheld the enforceability of forfeiture-for-competition provisions in limited partnership agreements, providing a noteworthy opinion amid a time of increasing disfavor toward noncompetes and following a string of Chancery Court rulings deeming them unreasonable, say Margaret Butler and Steven Goldberg at BakerHostetler.

  • Class Actions At The Circuit Courts: February Lessons

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    In this month's review of class action appeals, Mitchell Engel at Shook Hardy discusses five notable circuit court decisions on topics from property taxes to veteran's rights — and provides key takeaways for counsel on issues including class representative intervention, wage-and-hour dispute evidence and ascertainability requirements.

  • A Post-Mortem Analysis Of Stroock's Demise

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    After the dissolution of 147-year-old firm Stroock late last year shook up the legal world, a post-mortem analysis of the data reveals a long list of warning signs preceding the firm’s collapse — and provides some insight into how other firms might avoid the same disastrous fate, says Craig Savitzky at Leopard Solutions.

  • Reassessing Trade Secrets Amid Proposed Noncompete Ban

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    The Federal Trade Commission's proposed ban on noncompete agreements as well as state bans make it prudent for businesses to reevaluate and reinvigorate approaches to trade secret protection, including knowing what information employees are providing to vendors, and making sure confidentiality agreements are put in place before information is shared, says Rob Jensen at Wolf Greenfield.

  • NYC Cos. Must Prepare For Increased Sick Leave Liability

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    A recent amendment to New York City's sick leave law authorizes employees for the first time to sue their employers for violations — so employers should ensure their policies and practices are compliant now to avoid the crosshairs of litigation once the law takes effect in March, says Melissa Camire at Fisher Phillips.

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