Employment

  • May 06, 2024

    Ritz-Carlton Defeats Post-Hurricane Layoff Claims At 1st Circ.

    The First Circuit has said a Puerto Rico federal judge was right to rule in favor of a Ritz-Carlton hotel in a suit by a proposed class of employees who claimed they were wrongfully laid off after the island was decimated by back-to-back hurricanes in 2017.

  • May 06, 2024

    3rd Circ. Won't Revive Ex-Pa. Agency Atty's Firing Suit

    The Third Circuit on Monday declined to revive a former Pennsylvania Department of Community and Economic Development attorney's suit alleging his firing violated his 14th Amendment rights, reasoning that the lawyer failed to show how his termination constitutes a deprivation of property.

  • May 06, 2024

    Prof's Free Speech Suit Over Native Land Statement Falls Flat

    A federal judge has tossed a professor's suit alleging the University of Washington violated his First Amendment rights after he opposed including an acknowledgment of Native Americans in his syllabus for a computer science course, saying his stance created a burden for the school.

  • May 06, 2024

    Catching Up With Delaware's Chancery Court

    A record $100 million settlement, a fishy Facebook decision, a canceled Amazon delivery and an upended $7.3 billion sale dispute topped the news out of Delaware's Court of Chancery last week. There were also new cases involving Hess, Microsoft and the 2022 World Cup.

  • May 06, 2024

    Amazon Workers Answer Judge's $5.5M COVID Deal Inquiries

    Amazon employees assured a California federal court that their $5.5 million proposed class action deal is fit for approval, giving additional information on the terms and saying the company backed ending the lawsuit accusing the e-commerce giant of failing to pay for time spent undergoing COVID screenings before shifts.

  • May 06, 2024

    Ex-DeKalb Ethics Officer Wants Race Bias Suit Kept Alive

    Attorneys for a former DeKalb County Board of Ethics deputy ethics officer told a Georgia federal judge Monday that a magistrate judge ignored "key facts" when recommending the dismissal of her suit alleging she was fired for complaining about racial discrimination. 

  • May 06, 2024

    CBP Denies Delay To Ban Ivorian Cocoa, Says Probe Is Active

    U.S. Customs and Border Protection countered accusations that it is taking too long to ban cocoa imports allegedly harvested using child labor, telling the U.S. Court of International Trade it does not have a statutory deadline to complete its investigation.

  • May 06, 2024

    FDIC, OCC Gear Up For Another Shot At Banker Bonus Rules

    The Federal Deposit Insurance Corp. and Office of the Comptroller of the Currency on Monday revived an Obama-era proposal to set restrictions on incentive-based pay for executives at big banks, a lingering item of unfinished Dodd-Frank Act business, and for now, the Federal Reserve is sitting out.

  • May 06, 2024

    DOL Wants New Union Officer Vote For Midwestern Bakers

    An Illinois federal judge should compel a Midwestern bakery workers union to rerun a 2023 officer election because it didn't properly update its members' addresses before sending out ballots, the U.S. Department of Labor has claimed in a new lawsuit against the union.

  • May 06, 2024

    College Football Players Assoc. Eyes Athlete Protection Bill

    The College Football Players Association will meet this week with lawmakers in Washington, D.C., to craft legislation that gives athletes certain worker protections and collective bargaining rights but stops short of classifying them as full employees, the organization said Monday.

  • May 06, 2024

    Gerdau Steel Settles Fathers' Parental Leave Suit In Texas

    A suit accusing steel producer Gerdau of not allowing male mill workers to take parental leave will be put to rest after a Texas federal judge signed off on a nationwide deal between the workers and the company.

  • May 06, 2024

    Ex-Morgan & Morgan Paralegal Hits Firm With FMLA Suit

    A former Morgan & Morgan PA paralegal who says she was unlawfully fired after requesting time off under protections afforded by the Family and Medical Leave Act has sued the firm in Florida federal court, alleging interference and retaliation.

  • May 06, 2024

    Lewis Brisbois Employment Pro Joins Fisher Phillips In NJ

    Fisher Phillips LLP is building out its New Jersey presence with the addition of a former Lewis Brisbois Bisgaard & Smith LLP labor and employment partner coming aboard as of counsel.

  • May 03, 2024

    Calif. Appeals Court Calls Firm's Conduct 'Woefully Uncivil'

    A California state appeals court has backed sanctions against The Vanderpool Law Firm in a dispute with Masimo Corp., finding that the firm had engaged in misconduct during discovery and noting that it was "woefully uncivil" in its emails with opposing counsel.

  • May 03, 2024

    Employment Authority: EEOC's New Harassment Guidance

    Law360 Employment Authority covers the biggest employment cases and trends. Catch up this week with coverage on the five takeaways from the U.S. Equal Employment Opportunity Commission's long-awaited guidance on workplace harassment, the wage and hour cases that are changing federal arbitration and a National Labor Relations Board decision on severance agreements lands in the Sixth Circuit. 

  • May 03, 2024

    Ill. Hilton Operators Slapped With Time-Tracking BIPA Suits

    Hilton workers have hit several hotel operators in the Chicago area with a proposed class action and an individual lawsuit in Illinois state court, accusing the hotels of illegally collecting and retaining workers' biometric data to keep track of workers' hours in violation of the state Biometric Information Privacy Act.

  • May 03, 2024

    Boeing Can't Avoid Pre-Conception Toxic Birth Defect Claims

    A Washington state judge said Friday that the child of two Boeing factory workers can sue the aerospace giant for negligence based on harm he allegedly suffered before he was conceived, allowing him to accuse the company of failing to warn his parents about toxic chemicals they were exposed to on the job.

  • May 03, 2024

    Cruise Contractors Aim To End $2.8M Union Fund Debt Row

    Two cruise ship contractors and a union pension fund told a Louisiana federal judge Friday that they're winding down their dispute over the contractors' $2.8 million debt to the fund, asking him to toss the case but let them reopen it if they can't settle the last outstanding issue.

  • May 03, 2024

    DuPont, Corteva Want 'Schrödinger's Cat' Class Decertified

    DuPont and Corteva Inc. asked a Pennsylvania federal court Friday to undo class certification for former employees who claim they were wrongly denied an "optional retirement" when DuPont de Nemours Inc. and Corteva's parent companies merged and they were spun off, arguing that the two class representatives' claims clash with the rest of the class.

  • May 03, 2024

    Claims Court Trims Military Vax Mandate Class Action

    The U.S. Court of Federal Claims pared back a proposed class action seeking military back pay for service members allegedly discharged for not complying with a 2021 COVID-19 vaccination mandate, saying it had no jurisdiction over a nonmoney-mandating statute.

  • May 03, 2024

    Ex-Spirit Flight Attendant Drops FMLA Suit

    A Florida federal judge on Friday dismissed a lawsuit a former flight attendant lodged against Spirit Airlines accusing it of firing her after she complained that its medical leave policies ran afoul of the Family and Medical Leave Act.

  • May 03, 2024

    Arby's Franchise, Auto Dealer Hit With Ga. Data Breach Suits

    Workers at an Arby's franchise, a home nursing company and national car dealership have sued their employers in Georgia federal court, alleging the employers failed to safeguard sensitive personal information exposed in recent cyberattacks.

  • May 03, 2024

    Chamber Blasts FTC Bid For Member IDs In Noncompete Suit

    The U.S. Chamber of Commerce is defending its ability to represent anonymous members in its Texas federal suit challenging the Federal Trade Commission's pending noncompete ban, arguing that the FTC's attempt to block that representation is "radical and unprecedented."

  • May 03, 2024

    How Big IP Judgment Winners Are Insuring 'Nuclear Verdicts'

    Until a few years ago, intellectual property plaintiffs who scored large monetary awards — often referred to as "nuclear verdicts" — had to wait out a lengthy appellate process before knowing how much money they would end up with. But a relatively new type of insurance policy is allowing plaintiffs to insure part of their judgment in case it gets reduced or wiped out on appeal. 

  • May 03, 2024

    Biden Vetoes Joint Employer Rule Disapproval

    President Joe Biden vetoed a congressional resolution to block an enjoined National Labor Relations Board rule treating more employers as joint employers Friday, following through on an earlier threat to shoot down the measure. 

Expert Analysis

  • 6 Ways To Minimize Risk, Remain Respectful During Layoffs

    Author Photo

    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

    Author Photo

    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

    Author Photo

    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

    Author Photo

    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

    Author Photo

    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

    Author Photo

    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

    Author Photo

    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

    Author Photo

    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

    Author Photo

    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

    Author Photo

    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

    Author Photo

    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

    Author Photo

    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

    Author Photo

    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

    Author Photo

    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.

  • Employer Best Practices In Light Of NY Anti-Trans Bias Report

    Author Photo

    A recent report from the New York State Department of Labor indicates that bias against transgender and nonbinary people endures in the workplace, highlighting why employers must create supportive policies and gender transition plans, not only to mitigate the risk of discrimination claims, but also to foster an inclusive work culture, says Michelle Phillips at Jackson Lewis.

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!