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Employment
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October 06, 2025
Justices Won't Weigh If Home Care Travel Time Compensable
The U.S. Supreme Court declined on Monday to review whether the time that home health aides spend traveling between clients' homes is compensable in a case brought by the U.S. Department of Labor.
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October 03, 2025
Up First At High Court: Election Laws & Conversion Therapy
The U.S. Supreme Court will hear oral arguments in six cases during the first week of its October 2025 term, including in disputes over federal candidates' ability to challenge state election laws, Colorado's ban on conversion therapy, and the ability of a landlord to sue the U.S. Postal Service for allegedly refusing to deliver mail.
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October 03, 2025
Calif. Gov. Newsom Inks Bill To Let Lyft, Uber Drivers Unionize
California Gov. Gavin Newsom on Oct. 3 signed into law legislation giving gig drivers the right to unionize and negotiate certain job terms and conditions, after state leaders reached a deal with Uber and Lyft to facilitate its passage.
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October 03, 2025
4 Top Supreme Court Cases To Watch This Term
After a busy summer of emergency rulings, the U.S. Supreme Court will kick off its October 2025 term Monday with only a few big-ticket cases on its docket — over presidential authorities, transgender athletes and election law — in what might be a strategically slow start to a potentially momentous term. Here, Law360 looks at four of the most important cases on the court's docket so far.
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October 03, 2025
Portland Labor Peace Rule Not Preempted By NLRA, City Says
The city of Portland asked an Oregon federal judge Friday to toss a nonprofit's challenge to the city's requirement for its janitorial, security and industrial laundry contractors to sign labor peace agreements with unions, telling the judge the requirement isn't preempted by the National Labor Relations Act.
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October 03, 2025
High Court Broker Negligence Case 'Pivotal' For Trucking
The U.S. Supreme Court grabbed an opportunity to smooth out splintered circuit court rulings on whether freight brokers might also be liable for roadway accidents that have killed or injured people, potentially providing long-sought clarity to middlemen in a trucking and logistics sector unnerved by recent supersized verdicts against carriers and drivers.
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October 03, 2025
New York Jets Hit With Firing Suit Over Harassment Report
A former finance executive for the New York Jets hit the team with a discrimination lawsuit in New Jersey state court alleging she was improperly fired because her husband had reported sexual harassment by team president Hymie Elhai toward female employees.
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October 03, 2025
11th Circ. Pushes Forward Fla.'s ACA Trans Health Appeal
The Eleventh Circuit resolved a jurisdictional question that will allow Florida to continue pursuing its challenge against Biden-era policies impacting Affordable Care Act coverage for gender-affirming care.
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October 03, 2025
Amazon Union Seeks To Defend New York's NLRB Fill-In Law
The Amazon Labor Union has asked a New York federal judge to let it defend a New York law empowering state enforcers to fill in for the beleaguered National Labor Relations Board, saying Amazon's bid to nullify the new law imperils an unfair firing charge it filed with the state.
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October 03, 2025
Nurse Staffing Exec Says Jury Misled In Wage-Fixing Case
A nurse staffing executive convicted of wage fixing and wire fraud is asking a Nevada federal court for a new trial, arguing that prosecutors misled the jury about a cooperating witness's leniency deal.
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October 03, 2025
Employment Authority: Religion, Pregnancy Top EEOC Issues
Law360 Employment Authority covers the biggest employment cases and trends. Catch up this week with coverage on what the U.S. Equal Employment Opportunity Commission got up to over the last fiscal year, why Trump's National Labor Relations Board picks are set to face tough questions at their Senate confirmation hearings, and a roundup on where child labor laws stand in the United States.
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October 03, 2025
Logistics, Grocery Cos. Can't Keep Wage Suit In Fed. Court
Inflated damages calculations and speculative attorney fee estimates can't keep a worker's suit accusing a logistics company and a wholesale grocery store chain of wage and hour violations in federal court, a California federal judge said Friday, vacating an earlier arbitration order.
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October 03, 2025
Amazon Disputes Firing Worker On Maternity Leave
Amazon has urged an Illinois federal judge to grant it summary judgment in an ex-worker's lawsuit alleging pregnancy-based discrimination, saying she was fired only after failing to return at the end of an extended leave period and that it reminded her at least five times that she needed to provide documentation to support a longer leave.
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October 03, 2025
Insurer Says No Coverage For Wage Disclosure Class Actions
A Tokio Marine unit said it has no duty to defend or indemnify restaurant franchise operators accused of violating Washington's Equal Pay and Opportunities Act, telling a Washington federal court in two separate actions that the allegations do not trigger coverage under their respective employment practices liability insurance policies.
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October 03, 2025
Mich. Justices Send Anti-Muslim Bias Case To Appeals Court
Michigan's highest court has thrown out a ruling sending to arbitration an airline worker's claims he was the target of anti-Arab and anti-Muslim comments at work in light of a change in how courts in the Great Lakes State enforce employment contracts.
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October 03, 2025
9th Circ. Reopens Circle K Age Bias Suit Over Promotion
The Ninth Circuit on Friday revived a lawsuit alleging that Circle K passed over three former employees for promotion because they were in their 50s, saying the trial court was wrong to fault the workers for not applying to the job when the company never advertised the opening.
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October 03, 2025
Benzene At NC BASF Plant Caused Cancer, Ex-Worker Says
A former worker at a North Carolina vitamin plant is suing BASF Corp. and affiliates of Takeda America Holdings Inc. in North Carolina federal court, alleging BASF exposed her to benzene, resulting in her developing cancer later in life.
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October 03, 2025
Mich. Top Court To Weigh If MSU Hid Liability In Contract Row
The Michigan Supreme Court said it will hear Michigan State University's bid for immunity from a lawsuit filed by former law professors who allege the school concealed its liability for their claims that MSU abandoned promised retirement benefits when it merged with a law college.
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October 03, 2025
Pot Co. Urges 9th Circ. To Revive Labor Peace Law Challenge
A cannabis retailer challenging the constitutionality of a California law that requires marijuana businesses to have labor peace agreements with unions is urging the Ninth Circuit to revive its lawsuit against the state.
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October 03, 2025
EEOC Can't Halt Suit Over Trans Advocacy Amid Shutdown
A Maryland federal judge refused Friday to grant the U.S. Equal Employment Opportunity Commission's bid for a stay in a suit claiming the agency violated federal law by dropping gender identity discrimination cases, despite the government's argument that the ongoing shutdown meant the case couldn't move ahead.
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October 03, 2025
Trump Admin Hit With Suit Over $100K H-1B Fees
Several groups sued Friday in California federal court to block the Trump administration's recent action slapping on a $100,000 fee for H-1B visas, saying the new price tag was unconstitutionally ordered and will hurt more than just America's tech industry.
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October 03, 2025
Ga. Judge 'Cannot Be Trusted,' Must Leave Bench, Panel Says
The Georgia Judicial Qualifications Commission is recommending that a judge who gave dishonest testimony regarding wide-ranging allegations of misconduct, including the illegal arrest and false imprisonment of a witness, should be kicked off the bench, saying that a judge who "cannot be trusted to tell the truth cannot be trusted to remain in office."
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October 03, 2025
College Prez Loses Emergency Bid In Whistleblower Suit
A New Jersey federal judge has rejected a motion from the president of Rowan College at Burlington County seeking an emergency restraining order to block potential termination, amid a whistleblower lawsuit he brought alleging retaliation after he opposed what he described as unlawful actions taken by the school's board and legal counsel.
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October 03, 2025
Neil Gaiman Rape Suit Belongs In NZ, Not Wisc., Judge Says
A Wisconsin federal judge Friday dismissed a former nanny's sexual assault lawsuit against "Sandman" author Neil Gaiman, saying the suit should be heard by a court in New Zealand, where the assaults described in the complaint took place.
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October 03, 2025
The Roberts Court At 20: How The Chief Is Reshaping America
Twenty years after John Roberts became the 17th chief justice of the United States, he faces a U.S. Supreme Court term that's looking transformative for the country and its institutions. How Justice Roberts and his colleagues navigate mounting distrust in the judiciary and set the boundaries of presidential authority appear increasingly likely to define his time leading the court.
Expert Analysis
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Lessons From 7th Circ.'s Deleted Chat Sanctions Ruling
The Seventh Circuit’s recent decision in Pable v. Chicago Transit Authority, affirming the dismissal of an ex-employee’s retaliation claims, highlights the importance of properly handling the preservation of ephemeral messages and clarifies key sanctions issues, says Philip Favro at Favro Law.
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Mitigating Employer Liability Risk Under Sex Assault Rule
The American Law Institute's newly approved rule expands vicarious liability to employers for certain sexual assaults that employees commit, which could materially increase employers' exposure unless they strengthen safeguards around high-risk roles, say attorneys at Morgan Lewis.
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Series
Quilting Makes Me A Better Lawyer
Turning intricate patterns of fabric and thread into quilts has taught me that craftsmanship, creative problem-solving and dedication to incremental progress are essential to creating something lasting that will help another person — just like in law, says Veronica McMillan at Kramon & Graham.
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3rd Circ. FMLA Suit Revival Offers Notice Rule Lessons
In Walker v. SEPTA, the Third Circuit reinstated a former Philadelphia bus driver's Family and Medical Leave Act lawsuit, finding the notice standard is not particularly onerous, which underscores employers' responsibilities to recognize and document leave requests, and to avoid penalizing workers for protected absences, say Fiona Ong and Leah Shepherd at Ogletree.
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What 2 Profs Noticed As Transactional Law Students Used AI
After a semester using generative artificial intelligence tools with students in an entrepreneurship law clinic, we came away with numerous observations about the opportunities and challenges such tools present to new transactional lawyers, say professors at Cornell Law School.
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8th Circ. Rulings Show Employer ADA Risks In Fitness Tests
Two recent Eighth Circuit decisions reviving lawsuits brought by former Union Pacific employees offer guidance for navigating compliance with the Americans with Disabilities Act, serving as a cautionary tale for employers that use broad fitness-for-duty screening programs and highlighting the importance of individualized assessments, says Masood Ali at Segal McCambridge.
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It Ends With Us Having No Coverage?
A recent suit filed by Harco National Insurance disclaiming coverage for Wayfarer and Justin Baldoni's defense against Blake Lively's claims in the "It Ends With Us" legal saga demonstrates that policyholders should be particularly cautious when negotiating prior knowledge exclusions in their claims-made policies, says Meagan Cyrus at Shumaker.
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Rebuttal
BigLaw Settlements Should Not Spur Ethics Deregulation
A recent Law360 op-ed argued that loosening law firm funding restrictions would make BigLaw firms less inclined to settle with the Trump administration, but deregulating legal financing ethics may well prove to be not merely ineffective, but counterproductive, says Laurel Kilgour at the American Economic Liberties Project.
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Unpacking Ore. Law's Limits On PE Healthcare Investment
A recent Oregon law imposes significant restrictions on nonphysicians owning or controlling medical practices, but newly enacted amendments provide some additional flexibility in certain ownership arrangements without scuttling the law's intent of addressing concerns about the rise of private equity investment in healthcare, say attorneys at Debevoise.
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5 Ways Lawyers Can Earn Back The Public's Trust
Amid salacious headlines about lawyers behaving badly and recent polls showing the public’s increasingly unfavorable view of attorneys, we must make meaningful changes to our culture to rebuild trust in the legal system, says Carl Taylor at Carl Taylor Law.
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How To Successfully Challenge Jurors For Cause In 5 Steps
To effectively challenge a potential juror for cause, attorneys should follow a multistep framework rather than skipping straight to the final qualification question, says Ken Broda-Bahm at Persuasion Strategies.
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Employer Tips As DOL Shifts Away From Liquidated Damages
The recent guidance from the U.S. Department of Labor's Wage and Hour Division eliminating liquidated damages during Fair Labor Standards Act investigations creates an opportunity for employers to secure early, cost-effective resolution, but there are still reasons to remain vigilant, say attorneys at Foley & Lardner.
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Class Actions At The Circuit Courts: August Lessons
In this month's review of class action appeals, Mitchell Engel at Shook Hardy discusses key takeaways from federal appellate decisions involving topics including antitrust, immigration, consumer fraud, birthright citizenship under the Fourteenth Amendment, and product defects.
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Series
Hiking Makes Me A Better Lawyer
On the trail, I have thought often about the parallels between hiking and high-stakes patent litigation, and why strategizing, preparation, perseverance and joy are important skills for success in both endeavors, says Barbara Fiacco at Foley Hoag.
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Opinion
3rd Circ. H-2A Decision Mistakenly Relies On Jarkesy
The Third Circuit's decision last month in Sun Valley v. U.S. Department of Labor found that the claims required Article III adjudication under the U.S. Supreme Court's Jarkesy decision — but there is an alternative legal course that can resolve similar H-2A and H-2B cases on firmer constitutional ground, says Alex Platt at the University of Kansas School of Law.