Employment

  • September 23, 2024

    DOL Says It Can Set Higher Wages For H-2A Workers

    The U.S. Department of Labor told a Florida federal court that its final rule increasing foreign agricultural workers' salaries ensures that H-2A visa holders don't adversely affect the wages of other workers, rejecting farm groups' arguments that the department lacked the authority to do so.

  • September 23, 2024

    Boston Globe Secures Key Depo In Exec's Firing Suit

    A Massachusetts state judge has OK'd The Boston Globe's request for a subpoena it hopes will show a fired executive had a habit of questionable corporate spending.

  • September 23, 2024

    Natural Gas Co. Must Pay $6.8M To Ex-Trader In Bonus Fight

    A Colorado state judge has entered a $6.8 million judgment against a natural gas marketing company for its failure to pay an ex-trading director a bonus on lucrative trades he made during a 2021 winter storm, a sum that includes more than $2.5 million in penalties for the company's intentional violation of a state wage law.

  • September 23, 2024

    3rd Circ. Vexed By Time-Tracking Role In $22M Wage Case

    The Third Circuit contemplated on Monday whether a Pennsylvania battery manufacturer shorted workers $22 million for time they spent putting on and taking off protective gear, with one judge questioning the employer's stance that it was the workers' responsibility to track their donning and doffing time. 

  • September 23, 2024

    UPS Beats Union-Represented Workers' Pension, Wage Suit

    UPS beat back claims that it violated benefits and wage laws by depriving two union-represented workers of their seniority and related pension credits when they transferred units, with an Indiana federal judge saying that issues with the lawsuit tanked the workers' legal arguments.

  • September 23, 2024

    Labor Attorney Who Leveled MLB Playing Field Dies At 93

    Richard M. Moss, an attorney-turned-sports-agent who won free agency for baseball players and made star pitcher Nolan Ryan the first-ever professional athlete to score a $1 million contract for a single season, died over the weekend at age 93.

  • September 23, 2024

    Ex-Conn. Police Chief Demands Atty Fees After Winning Suit

    The former chief of police in Newington, Connecticut, is demanding attorney fees after a state court judge dismissed him from a defamation lawsuit brought by the onetime town attorney and other ex-officials, which arose from ethics complaints that the plaintiffs say were full of lies.

  • September 23, 2024

    Mich. Justices Let Civil Servant Retirees Keep Benefits

    The Michigan Supreme Court has let stand a ruling that retired municipal employees in Allen Park, Michigan, are entitled to healthcare benefits on terms that outlast their collective bargaining agreements with the city.

  • September 23, 2024

    Ex-Littler Shareholder Joins Thompson Coburn In St. Louis

    Thompson Coburn LLP has added a former Littler Mendelson PC labor and employment shareholder with over 15 years of experience to its St. Louis office as a partner.

  • September 23, 2024

    Fabiani Cohen Says Equity Partner Can't File Employee Claim

    Fabiani Cohen & Hall LLP told a New York federal judge on Friday that its equity partner's employment suit is motivated by her desire to increase her profit share of the firm, arguing that her status as an equity owner means she can't be considered an employee for the purposes of her claims.

  • September 23, 2024

    California City Worker Loses Bias Suit Over Racist Nickname

    A federal jury sided with a California city in a race bias lawsuit filed by a Black maintenance worker who alleged that a supervisor and colleagues violated federal and state law by repeatedly referring to him by the name of a Mexican comic book character.

  • September 23, 2024

    Data Co. Ousted Exec Who Reported Harassment, Suit Says

    A former sales director for data storage company WekaIO says she suffered sexual harassment and retaliation and was ultimately forced to leave the "male-dominated" company after a sham investigation, according to a lawsuit filed Monday.

  • September 23, 2024

    Raymond James Pushes Ex-VP's Sex Bias Suit Into Arbitration

    A Florida federal judge kicked a fired Raymond James and Associates executive's sex bias suit to arbitration Monday, concluding that a federal law prohibiting mandatory arbitration of sex misconduct claims didn't apply because her harassment allegations lacked "plausibility."

  • September 23, 2024

    House Panel Subpoenas DOL For Independent Contractor Info

    The chairwoman of the U.S. House Committee on Education and the Workforce served the U.S. Department of Labor with a subpoena Monday, pointing to the department's several failures to respond to questions about its independent contractor misclassification probes.

  • September 23, 2024

    Ark. Dispatcher's Settlement Approved In OT Dispute

    An Arkansas federal judge signed off on a settlement that puts an end to an emergency dispatcher's proposed class action alleging the city of Jonesboro, Arkansas, shorted her and others on overtime wages, finding she had adequately resolved an error in her prior proposed settlement.

  • September 23, 2024

    FEMA Looks To Escape Atty's Bias And Retaliation Suit

    The U.S. government has asked a federal judge to toss a suit alleging two agencies pushed out an Asian American attorney following her complaints that a male colleague harassed her, arguing she failed to state a claim in her "behemoth," 190-page complaint.

  • September 20, 2024

    Hyundai Says Startup Can't Sue In Calif. Over Trade Secrets

    South Korea-based Hyundai urged a California federal judge on Friday to toss a lawsuit alleging it stole a North Carolina startup's electric vehicle battery material technology, saying a contract inked by a Silicon Valley Hyundai office doesn't give the district court in California jurisdiction over the matter.

  • September 20, 2024

    Hyundai Unit Unlawfully Fired Cannabis Patient, Suit Says

    A subsidiary of Hyundai was hit with a discrimination lawsuit by a former employee in Connecticut who claims her usage of marijuana to manage her post-traumatic stress disorder was the reason for her termination.

  • September 20, 2024

    Judge Doubts Amazon Targeted Workers On Military Leave

    A Washington federal judge pressed an ex-Amazon employee on Friday to back up allegations that she was fired for taking military leave, saying the termination appeared to be an administrative "oops" on the company's part that it has since corrected by offering reinstatement and back pay.

  • September 20, 2024

    H-2A Wage Rule Blocked In La. For Sugarcane Farms

    A Louisiana federal judge said Thursday the U.S. Department of Labor likely didn't have the authority to raise wages for H-2A farmworkers, temporarily blocking the rule from applying to sugarcane farms in Louisiana.

  • September 20, 2024

    6th Circ. Revives Christian Challenges To LGBTQ Bias Law

    The Sixth Circuit revived two lawsuits Friday from Christian organizations challenging a Michigan civil rights law barring discrimination based on sexual orientation and gender identity, saying they demonstrated a plausible fear of enforcement if they publicized their religious views.

  • September 20, 2024

    Employment Authority: DOL's Strategies After Chevron Ruling

    Law360 Employment Authority covers the biggest employment cases and trends. Catch up this week with coverage on how effective the U.S. Department of Labor's tactics have been after the U.S. Supreme Court nixed the Chevron doctrine, the Federal Trade Commission's challenge to a proposed merger between Kroger and Albertsons highlights the overlap between labor law and antitrust enforcement and a look at the U.S. Equal Employment Opportunity Commission's enforcement efforts on the nation's newest civil rights laws.

  • September 20, 2024

    Conn. Court Axes Estate's Benefit Bid For Deceased Fire Chief

    The estate of Waterbury, Connecticut's union-represented fire chief cannot collect any remaining workers' compensation benefits owed to him after his 1993 heart attack, a state appeals court ruled Friday, saying that under a city law, the chief's pension had adequately compensated him.

  • September 20, 2024

    2 SEC Commissioners Object To Whistleblower Award Secrecy

    U.S. Securities and Exchange Commissioners Mark Uyeda and Hester Peirce have objected to the agency's recent decision to hand out a total of $122 million in two awards to four whistleblowers and issued a statement taking issue with the regulator's policy of saying little to nothing about why the rewards are issued.

  • September 20, 2024

    Microsoft Accused Of Racial Bias By Ex-Diversity Professional

    A former Microsoft employee tasked with helping advance diversity and inclusion efforts has filed a discrimination suit in Washington state court accusing the tech giant of an "ongoing campaign of intimidation, discrimination, and retaliation" against its Black female employees.

Expert Analysis

  • Avoiding Corporate Political Activity Pitfalls This Election Year

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    As Election Day approaches, corporate counsel should be mindful of the complicated rules around companies engaging in political activities, including super PAC contributions, pay-to-play prohibitions and foreign agent restrictions, say attorneys at Covington.

  • Employer Arbitration Lessons From Calif. Consumer Ruling

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    Although a California state appeals court’s recent arbitration ruling in Mahram v. Kroger involved a consumer transaction, the finding that the arbitration agreement at issue did not apply to a third-party beneficiary could influence how employment arbitration agreements are interpreted, says Sander van der Heide at CDF Labor Law.

  • Why Attorneys Should Consider Community Leadership Roles

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    Volunteering and nonprofit board service are complementary to, but distinct from, traditional pro bono work, and taking on these community leadership roles can produce dividends for lawyers, their firms and the nonprofit causes they support, says Katie Beacham at Kilpatrick.

  • How NJ Temp Equal Pay Survived A Constitutional Challenge

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    The Third Circuit recently gave the New Jersey Temporary Workers' Bill of Rights a new lease on life by systematically dismantling multiple theories of the act's unconstitutionality brought by staffing agencies hoping to delay their new equal pay and benefits obligations, say attorneys at Duane Morris.

  • Firms Must Offer A Trifecta Of Services In Post-Chevron World

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    After the U.S. Supreme Court’s Loper Bright Enterprises v. Raimondo decision overturning Chevron deference, law firms will need to integrate litigation, lobbying and communications functions to keep up with the ramifications of the ruling and provide adequate counsel quickly, says Neil Hare at Dentons.

  • 5 Tips To Succeed In A Master Of Laws Program And Beyond

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    As lawyers and recent law school graduates begin their Master of Laws coursework across the country, they should keep a few pointers in mind to get the most out of their programs and kick-start successful careers in their practice areas, says Kelley Miller at Reed Smith.

  • NYC Wage Info Bill Highlights Rise In Pay Transparency Laws

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    With New York City the latest to mull requiring companies to annually report employee wage data, national employers should consider adapting their compliance practices to comply with increasingly common pay transparency and disclosure obligations at state and local levels, says Kelly Cardin at Littler Mendelson.

  • When Trauma Colors Testimony: How To Help Witnesses

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    As stress-related mental health issues continue to rise, trial attorneys must become familiar with a few key trauma-informed strategies to help witnesses get back on track — leaning in to the counselor aspect of their vocations, say Ava Hernández and Steve Wood at Courtroom Sciences.

  • Series

    Being An Opera Singer Made Me A Better Lawyer

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    My journey from the stage to the courtroom has shown that the skills I honed as an opera singer – punctuality, memorization, creativity and more – have all played a vital role in my success as an attorney, says Gerard D'Emilio at GableGotwals.

  • How Law Firms Can Avoid 'Collaboration Drag'

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    Law firm decision making can be stifled by “collaboration drag” — characterized by too many pointless meetings, too much peer feedback and too little dissent — but a few strategies can help stakeholders improve decision-making processes and build consensus, says Steve Groom at Miles Mediation.

  • Workday AI Bias Suit Suggests Hiring Lessons For Employers

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    As state laws and a federal agency increasingly focus on employment bias introduced by artificial intelligence systems, a California federal court's recent decision to allow a discrimination suit to proceed against Workday's AI-driven recruitment software, shows companies should promptly assess these tools' risks, say attorneys at Williams & Connolly.

  • When The Supreme Court Gives You Lemons, Make Lemonade

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    Instead of grousing about the U.S. Supreme Court’s recent decisions overturning long-standing precedents, attorneys should look to history for examples of how enterprising legal minds molded difficult decisions to their advantage, and figure out how to work with the cards they’ve been dealt, says Reuben Guttman at Guttman Buschner.

  • What BIPA Reform Law Means For Biometrics Litigation

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    A recently signed Illinois law amending the Biometric Information Privacy Act limits defendants' liability exposure on a per-scan basis and clarifies that electronic signatures constitute a valid written release, establishing additional issues that courts will need to address in future BIPA litigation, say attorneys at Faegre Drinker.

  • How Anti-DEI Bill Could Affect Employers' Diversity Efforts

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    Sen. J.D. Vance's recently introduced Dismantle DEI Act would substantially limit employers’ ability to implement and promote workplace diversity, equity and inclusion, but there are still steps employers can take to support a diverse workforce, says Peter Ennis at Cozen O’Connor.

  • Opinion

    Proposed Law Would Harm NYC Hospitality Industry

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    A recently proposed New York City Law that would update hotel licensing and staff coverage requirements could give the city commissioner and unions undue control over the city's hospitality industry, and harm smaller hotels that cannot afford full-time employees, says Stuart Saft at Holland & Knight.

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