Employment

  • April 01, 2024

    9th Circ. Revives Janitor's Representative Wage Claims

    The Ninth Circuit reversed a district court's order that dismissed representative claims against janitorial franchiser Coverall North America Inc. under California's Private Attorneys General Act, saying a change in legal precedent allows nonindividual claims to stay in court while individual claims undergo arbitration.

  • April 01, 2024

    Ex-Pharma Co. Exec Denies Signing Noncompete Deal

    The former director of government sales for a pharmaceutical company asked the North Carolina Business Court on Friday to knock out a breach of contract claim in a lawsuit that alleges he took trade secrets to a competitor, arguing the company has no valid noncompete agreement to back it up.

  • April 01, 2024

    Feds Back Guilty Verdict After Software Execs' Tax Fraud Trial

    Federal prosecutors on Monday defended a jury verdict finding two former software executives in North Carolina guilty of failing to pay employment taxes, saying sufficient evidence supported their convictions.

  • April 01, 2024

    Mich. Can't Get Immunity In Courthouse ADA Class Action

    Attorneys with disabilities and a disability rights advocate can proceed with a proposed class action aimed at forcing accessibility improvements at several Michigan courthouses and government buildings, a Michigan federal judge ruled Saturday, rejecting the state's argument that it was immune from the suit.  

  • April 01, 2024

    Mass. Top Court At A Loss Over 7-Eleven Wage Case

    The top court in Massachusetts on Monday appeared stumped by whether owners of 7-Eleven franchisees should be classified as employees under state law, with one justice calling the issue "almost incomprehensible."

  • April 01, 2024

    Right-Wing Personality Hit With Severance Charge At NLRB

    Conservative media personality Steven Crowder was hit with a National Labor Relations Board charge alleging he's leaning on an illegal separation agreement in a suit to stop an ex-producer from speaking out about him.

  • April 01, 2024

    SmartRent Workers Get Class Cert. In Unpaid OT Row

    A Georgia federal judge has granted conditional class certification to a group of former and current employees of a smart home technology firm, who allege the company failed to compensate them correctly for overtime hours they worked.

  • April 01, 2024

    Union Backs USPS In Bias Suit That Went To High Court

    A Christian postal worker who claimed he was unlawfully punished for seeking Sundays off should lose his religious bias case under the standard the U.S. Supreme Court set when it revived his case in 2023, a letter carriers union told a Pennsylvania federal judge.

  • April 01, 2024

    Judge Won't Make EEOC Pay Atty Fees For Unsuccessful Suit

    The U.S. Equal Employment Opportunity Commission doesn't have to pay a Georgia hospital's attorney fees after jurors found in favor of the medical center on disability bias claims, a federal judge ruled, saying the jury's siding with the hospital didn't make the agency's suit frivolous.

  • April 01, 2024

    NJ Courts Get Out Of Suit Alleging Ex-Judge Harassed Official

    The New Jersey Administrative Office of the Courts has gotten out of a lawsuit from a municipal court administrator alleging she was sexually harassed by a former municipal court judge, arguing that the woman was never an employee of the office.

  • April 01, 2024

    Staten Island Firm Must Face Hostile Work Environment Claim

    A New York federal judge has partially dismissed an employment discrimination suit against a State Island law firm, nixing discrimination and retaliation claims brought by a Black former office manager while allowing claims over the firm's allegedly hostile work environment to proceed to trial.

  • April 01, 2024

    Ex-Exec Sues Canadian Hockey League Team Over Firing

    The former vice president of finance for the Canadian Hockey League's Portland Winterhawks has sued the team and its general manager, claiming that the general manager intended to get the former executive fired from his new job due to the unfounded belief that he embezzled money from the franchise.

  • April 01, 2024

    Fla. Atty Can't Escape $300K COVID Relief Fraud Conviction

    A Florida attorney fell short in trying to nix her conviction for conspiracy to commit wire fraud when a Georgia federal court found the jury heard and saw a "plethora" of evidence to show she submitted fraudulent loan applications in an effort to obtain money meant to help small businesses during the COVID-19 pandemic.

  • April 01, 2024

    Ex-Teacher, District Seek Wins In Pronoun Policy Bias Suit

    A former teacher and the Ohio school district she accused of forcing her to resign after she refused to use the preferred names and pronouns of her transgender students each filed briefs urging a Buckeye State federal judge to grant them early wins.

  • April 01, 2024

    Amazon's Disability Inclusion Efforts A Sham, Suit Says

    Amazon's stated commitments to disability inclusion are a sham, a California worker with cerebral palsy claimed in a proposed class action, saying the company gave him a warehouse gig despite his many warnings that he couldn't meet the job's physical demands.

  • April 01, 2024

    With Suit, NJ City Looks To Clear The Air About Cops' Pot Use

    A New Jersey city's lawsuit demanding clarity over whether state or federal law governs off-duty pot use for cops could help cannabis and employment lawyers navigate a growing battle between workers' rights and workplace safety.

  • March 29, 2024

    Petition Watch: Off-Label Ads, Retiree Discrimination & PPE

    A Utah attorney has asked the U.S. Supreme Court to determine whether allegedly retaliatory IRS summonses can be quashed, and two former pharmaceutical executives are challenging the constitutionality of their convictions for marketing the off-label use of a drug. Here, Law360 looks at recently filed petitions that you might've missed.

  • March 29, 2024

    Employment Authority: Abortion Pill Case On Attys' Radar

    Law360's Employment Authority covers the biggest employment cases and trends. Catch up this week with how employment attorneys are keeping on their radar the abortion pill case in the U.S. Supreme Court, how the indictment of a well-known New York pizzeria shows how criminal prosecution is used in wage theft cases, and how the NLRB's push to expand remedies for employees who face discipline concerns employers.

  • March 29, 2024

    Drivers Slam Eve-Of-Trial Arbitration Bid In OT Class Action

    A group of chauffeurs slammed its employer's bid to compel arbitration of unpaid wage claims less than three weeks before the claims are scheduled to go to trial, calling the motion a frivolous, eleventh-hour effort to disrupt trial preparation.

  • March 29, 2024

    OSHA Finalizes Rule Letting Unions Join Job Site Inspections

    The Occupational Safety and Health Administration issued a final rule Friday broadening workers' right to choose who represents them during safety inspections, overwriting an old standard that required the representative to be a fellow employee and opening the door for outside representatives such as those from unions.

  • March 29, 2024

    Ala. Steel Mill Asks 11th Circ. To Undo $13M Default Judgment

    An Alabama steel mill urged the Eleventh Circuit on Friday to reverse a misconduct-triggered default judgment that led to workers being awarded $13.1 million in a wage and hour suit they filed alleging the mill shorted hundreds of workers on hourly wages, overtime pay and bonuses.

  • March 29, 2024

    Ohio School Beats Race Bias Suit Over Pandemic Layoffs

    The University of Akron defeated a lawsuit alleging it targeted two finance professors for layoffs during the pandemic because one is Black and one is Asian, with an Ohio federal judge ruling Friday that the academics relied on faulty statistical analysis to back up their claims.

  • March 29, 2024

    AT&T Call Center Workers Lose Cert. Bid in OT Suit, For Now

    Call center workers looking to hold AT&T liable for failing to pay them overtime wages were denied collective certification, with an Illinois federal judge ruling they needed to propose a narrower group definition because there was not enough evidence to support a nationwide collective.

  • March 29, 2024

    Fiat Chrysler Can't Get Out Of Workers' Overtime Suit

    Fiat Chrysler must face a proposed collective action by workers accusing the automaker of failing to fully pay overtime wages, with a Michigan federal judge saying Friday that the company's argument improperly attacked the claims' merits rather than whether there was enough proof to keep them in court.

  • March 29, 2024

    SEIU Unit Defends Dartmouth Men's Basketball Union Ruling

    The Service Employees International Union local that recently won a landmark election to represent the Dartmouth College men's basketball team defended a National Labor Relations Board official's decision to greenlight the election, saying the case fell within her jurisdiction under federal labor law's "strikingly" broad definition of employee.

Expert Analysis

  • 4 Legal Ethics Considerations For The New Year

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    As attorneys and clients reset for a new year, now is a good time to take a step back and review some core ethical issues that attorneys should keep front of mind in 2024, including approaching generative artificial intelligence with caution and care, and avoiding pitfalls in outside counsel guidelines, say attorneys at HWG.

  • 2 Cases Highlight NJ Cannabis Employment Law Uncertainties

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    More than two years after its enactment, the employee protections and employer obligations in New Jersey's Cannabis Regulatory, Enforcement Assistance and Marketplace Modernization Act remain unsettled, and two recent lawsuits draw attention to the law's enforceability and its intersection with federal law, say Ruth Rauls at Saul Ewing and David White at Seton Hall.

  • 3 Compliance Reminders For Calif. Employers In 2024

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    As we enter into the new year, several recent updates to California employment law — including minimum wage and sick leave requirements — necessitate immediate compliance actions for employers, says Daniel Pyne at Hopkins & Carley.

  • What The Law Firm Of The Future Will Look Like

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    As the legal landscape shifts, it’s become increasingly clear that the BigLaw business model must adapt in four key ways to remain viable, from fostering workplace flexibility to embracing technology, say Kevin Henderson and Eric Pacifici at SMB Law Group.

  • Navigating Class Actions After Papa John's Settlement Denial

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    A Kentucky federal court's surprising denial of preliminary approval for a $5 million settlement in the Papa John's no-poach case may prove to be an outlier but suggests a class action settlement would only be approved when a plaintiff demonstrates that a litigation class would be certified, say attorneys at Robins Kaplan.

  • 4 PR Pointers When Your Case Is In The News

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    Media coverage of new lawsuits exploded last year, demonstrating why defense attorneys should devise a public relations plan that complements their legal strategy, incorporating several objectives to balance ethical obligations and advocacy, say Nathan Burchfiel at Pinkston and Ryan June at Castañeda + Heidelman.

  • Sex Harassment Arbitration Exemption: Devil Is In The Date

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    A Federal Arbitration Act amendment that exempts workplace sexual harassment claims from arbitration is muddled in ongoing confusion about its chronological reach — and as many such cases begin to run up against applicable statutes of limitations, the clock is ticking for claimants to bring their actions in court, says Abe Melamed at Signature Resolution.

  • Compliance Refresher Amid DOL Child Labor Crackdown

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    In light of the Labor Department’s recent announcement of new penalty assessment procedures for child labor law violations, Erica MacDonald and Sylvia Bokyung St. Clair at Faegre Drinker discuss what employers should know about the department’s continued focus on this issue and how to bolster compliance efforts.

  • Antitrust Enforcement Initiatives To Watch In 2024

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    The U.S. Department of Justice is likely to prioritize information-sharing prosecutions in 2024, following last year's withdrawal of safe harbors, as well as labor market enforcement after trial losses forced a pullback in 2023, say attorneys at Fried Frank.

  • Law Firm Strategies For Successfully Navigating 2024 Trends

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    Though law firms face the dual challenge of external and internal pressures as they enter 2024, firms willing to pivot will be able to stand out by adapting to stakeholder needs and reimagining their infrastructure, says Shireen Hilal at Maior Consultants.

  • Top 10 Employer Resolutions For 2024

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    From technological leaps to sea changes in labor policy to literal sea changes, 2024 provides opportunities for employers to face big-picture questions that will shape their business for years to come, say Allegra Lawrence-Hardy and Lisa Haldar at Lawrence & Bundy.

  • AI In Employment Law: The Top Guest Articles Of 2023

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    This year, the most popular employment law topics related to artificial intelligence in Law360's Expert Analysis section included ChatGPT, new AI legislation, and diversity, equity and inclusion.

  • The Most-Read Employment Law360 Guest Articles Of 2023

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    This year, some of the most popular employment topics in articles written for Law360's Expert Analysis section focused on workplace diversity, equity and inclusion, new unionization rules from the National Labor Relations Board, and proposed regulations for implementing the Pregnant Workers Fairness Act.

  • The Most-Read Legal Industry Law360 Guest Articles Of 2023

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    A range of legal industry topics drew readers' attention in Law360's Expert Analysis section this year, from associate retention strategies to ethical billing practices.

  • Lessons Learned From 2023's Top FMLA Decisions

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    This year’s most significant Family and Medical Leave Act decisions offer lessons on the act's technical requirements, including the definition of serious health condition, compliance with notice requirements and whether it is permissible to give an employee substantial extra work upon their return from leave, says Linda Dwoskin at Dechert.

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