Employment

April 10, 2024
3rd Circ. Revives Retaliation Suit Against Pa. House GOP

The Third Circuit breathed new life Wednesday into a former district office manager's lawsuit alleging she was fired by the Pennsylvania House Republican Caucus for reporting she had discovered mold in a state representative's office, finding she was acting outside her job duties when she spoke up.
April 10, 2024
Union Pacific Can't Duck Biometric Privacy Lawsuit

An Illinois federal judge on Wednesday again refused to dismiss a third amended complaint claiming that Union Pacific violated the state's biometric privacy law when it collected truck drivers' fingerprints without their informed consent, rejecting several new arguments raised by the railroad in its bid to ditch the suit.
April 10, 2024
9th Circ. Doubts Calif.'s Standing In DOL Union Transit Fight

The Ninth Circuit appeared open Wednesday to restoring the U.S. Department of Labor's power to deny California transit funding because of a perceived conflict between state pension law and bargaining rights, focusing on the state's standing in a dispute that began between the DOL and a union.
April 10, 2024
Fla. Lawyer Seeks 'Compassion' After Loan Fraud Conviction

Fresh off a failed bid to have her wire fraud conspiracy conviction nixed, a Florida attorney found guilty of fraudulently obtaining federal COVID-19 relief loans asked a Georgia federal judge for leniency in her upcoming sentencing.
April 10, 2024
Former X Worker Can't Force Doc Release In Bonus Suit

A California federal judge refused to grant an ex-worker's request that the court decide whether X Corp. must provide employee bonus-related documents to its former chief financial officer before he sits for a deposition, chiding the former worker for not filing a proper request.
April 10, 2024
Ohio Appeals Court Remands AFSCME Reinstatement Row

An Ohio appeals court sent back to a lower court an arbitration award dispute over a township's claim that a maintenance worker "abandoned his position," finding Wednesday that an arbitrator did had the power under a labor contract to order reinstatement and make the employee whole.
April 10, 2024
Alston & Bird Pushes Arbitration Of COVID Vax Claims

Alston & Bird LLP urged a Georgia federal court to reject a former aide's objection to a magistrate judge's recommendation to force her to arbitrate her claims alleging she was fired after refusing to get vaccinated for COVID-19.
April 10, 2024
Ex-Reed Smith Atty Can't DQ Judge In Bias Suit Against Firm

A former Reed Smith LLP attorney failed in her bid to have a New Jersey state judge disqualified from her gender discrimination suit against the firm, with the judge on Wednesday turning down her argument that he improperly reviewed a certification from the firm's general counsel.
April 10, 2024
EEOC Throws Weight Behind AI Bias Suit Against Workday

The U.S. Equal Employment Opportunity Commission said Workday shouldn't be able to dodge a Black job seeker's California federal court suit claiming it uses biased algorithms to screen out applicants, arguing that the software company can't evade liability by claiming it's not an employer.
April 10, 2024
Major Lindsey Wins Bid To Have Sex Assault Suit Arbitrated

A former Major Lindsey & Africa LLC employee's sexual assault lawsuit against the legal recruiting giant must go to arbitration, a New York state judge has decided.
April 10, 2024
Ex-Coupang Atty Fights Bid To Toss Whistleblower Suit

A former in-house attorney at South Korean conglomerate Coupang told a Washington federal judge this week that his whistleblower claims against the company are valid according to the terms of his employment contract.
April 10, 2024
9th Circ. Says Arbitration Carveout Doesn't Apply To Cos.

Section 1 of the Federal Arbitration Act only applies to humans, not companies, a Ninth Circuit panel ruled Wednesday, affirming a Washington federal court decision shipping three Amazon workers' misclassification suit to arbitration.
April 10, 2024
Ex-Judge Dropped From Harassment Suit After NJ Courts' Win

A New Jersey municipal court administrator has agreed to end a suit alleging she was sexually harassed by a former municipal court judge after a state superior court ruled she could not include the Administrative Office of the Courts as a defendant in the case.
April 10, 2024
Musk Deposition Decision Put Off In Twitter Layoff Fight

A California federal judge deferred ex-Twitter employees' request to depose X Corp. owner Elon Musk until after other defendants gave their depositions in a suit alleging the company violated federal laws requiring advance warning of mass layoffs.
April 10, 2024
Liberty Mutual Says Former Star Sales Rep Poached Clients

A former high-performing sales representative for a Liberty Mutual Group Inc. subsidiary violated nonsolicitation and nondisclosure agreements when he left to start his own competing agency, the insurer alleged in a Massachusetts state court complaint.
April 10, 2024
DOL Says Groups' Challenge To Rule Update Must Fall

The U.S. Department of Labor pressed a Texas federal court to ax two construction groups' challenge to its rule updating the Davis-Bacon Act, arguing that they face no injury and that their suit relies heavily on speculation and fear-based claims.
April 10, 2024
Starbucks Fired Barista For Having Panic Attack, Court Told

A Starbucks manager berated a barista who suffered from anxiety and depression until he had a panic attack, then fired him, according to a suit filed in Florida federal court.
April 10, 2024
Electrical Workers Union Sues LIRR Over Cannabis Firing

The union that represents Long Island Rail Road workers is suing the commuter railroad for firing an employee who had been with it for 25 years after he allegedly tested positive for marijuana when returning to work after being treated for cancer.
April 09, 2024
Walmart Hit With $101M Verdict In Trial Over PPE Contracts

An Arkansas jury hit Walmart with a $101 million verdict Tuesday for breaching an agreement to purchase more than $500 million in personal protective equipment amid the coronavirus pandemic, while also finding in favor of the retail giant's tort counterclaims.
April 09, 2024
'No Merit' To Talent Co.'s Bid To DQ Execs' Attys, Judge Says

A California state judge on Tuesday told attorneys for A3 Artists Agency and its chair, Adam Bold, that their allegation of a conflict of interest "has no merit" and that she tentatively would deny their motion to disqualify opposing counsel representing executives suing Bold and the agency for breach of contract.
April 09, 2024
Starbucks' Calif. Stores Lack Lactation Spaces, Suit Says

A Starbucks employee brought a proposed class action in California state court on behalf of similarly situated workers in the Golden State over the coffeehouse chain's "systemic failure" to provide adequate lactation spaces and sufficient pumping time for nursing employees.
April 09, 2024
Excuses 'Twisted' To Transgender Prof, Solid To Kent State

Kent State University "twisted itself into knots" to justify its alleged discrimination, a transgender professor has told an Ohio federal court, as the school in turn claimed the scholar was denied a promotion for bad-mouthing colleagues online.
April 09, 2024
Texas Court Unsure It Has Jurisdiction Over Auto Co.'s Rival

A three-judge panel for a Texas appellate court prodded the argument of an automotive repair services company, asking how it could establish that it has jurisdiction over the company's business rival given the rival's loose ties to Texas during oral arguments Tuesday.
April 09, 2024
Colo. Justices Doubt Workers' Comp Stops Insurance Suits

A Colorado Supreme Court justice expressed doubt Tuesday that lawmakers, in crafting Colorado's workers' compensation law, intended to make employees choose between getting workers' comp and suing their employer's auto insurer when injured on the job by an underinsured driver — tackling a question that has stymied the state's federal judiciary.
April 09, 2024
Carpenters Urge 9th Circ. To Restart Union Retirement Fight

A group of carpenters urged the Ninth Circuit to revive allegations that their union's retirement plan trustees played fast and loose with their savings, saying Tuesday that the trustees should face claims that their risky investment choices caused two retirement plans to plummet in value when the pandemic hit.

Expert Analysis

4 Legal Ethics Considerations For The New Year

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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.