Employment

  • April 26, 2024

    Remote Class, Medical News, More: Texas High Court Roundup

    The Supreme Court of Texas ruled on a handful of issues Friday, including the liability of universities for switching to remote learning, the responsibility of an employer for not providing a worker with concerning medical news and how a settlement credit should be applied to a final judgment.

  • April 26, 2024

    Ex-McKinsey Partner Says Firm Made Him Opioids 'Scapegoat'

    A former McKinsey & Co. partner lobbed defamation claims at the consulting firm, claiming Friday that it lied to the government and the public about his purported role in deleting evidence amid government investigations into the firm's work with opioid manufacturers, an alleged scheme designed to make him the "scapegoat."

  • April 26, 2024

    St. John's Hoops Players Say NCAA Can't Block Their Play

    Two St. John's University basketball players sued the NCAA Friday in New York, saying it arbitrarily denied them waivers for its "five-year rule" that prohibits student-athletes from competing in more than four seasons in any one sport, after they lost a season during the COVID-19 pandemic.

  • April 26, 2024

    DOL Solidifies H-2A Protections For Foreign Farmworkers

    Foreign farmworkers working in the U.S. under the H-2A temporary visa program will now have enhanced protections to advocate for better working conditions without fear of retaliation under a final U.S. Department of Labor rule unveiled Friday.

  • April 26, 2024

    Frito-Lay Subcontractors Hit With $72M Factory Death Verdict

    A Dallas County jury has awarded a nearly $72 million verdict to the family of a man who plunged to his death at a Frito-Lay facility, finding that his employer and another subcontractor working at the facility were liable for the accident.

  • April 26, 2024

    Mich. To Pay $55M In Suit Over COVID-19 Aid Clawbacks

    Michigan's unemployment insurance agency will pay $55 million to people whose benefits were improperly clawed back without notice during the pandemic and reform its collection practices to ensure due process under a settlement that has received initial approval from a state judge.

  • April 26, 2024

    Ex-Walmart Worker Files Ill. BIPA Suit Over Fingerprint Scans

    Walmart is violating biometric privacy laws by gathering employees' fingerprint scans when clocking in for shifts and sharing them with various third-party identity service providers without written consent, a former employee alleges in a putative class suit.

  • April 26, 2024

    Ye Fired Worker For Refusing To Shave Dreads, Suit Says

    Ye, his companies and Donda Academy were hit with another discrimination suit in California state court Friday by a former employee who says the rapper treated Black employees far worse than white employees, and terminated him last year when he refused to give into Ye's demands to shave his dreadlocks.

  • April 26, 2024

    Employment Authority: How Noncompete Bans Redefine Work

    Law360 Employment Authority covers the biggest employment cases and trends. Catch up this week with coverage on how experts think the Federal Trade Commission's ban on noncompete agreements will impact new litigation trends, why employers could be caught off guard by a requirement under the Pregnant Workers Fairness Act and how a National Labor Relations Board decision could change how unions respond to unfair labor practices.

  • April 26, 2024

    Judge Urges End To Suit-Restricting Job Contracts In Mich.

    A judge for a Michigan state appeals court has called on the state's high court to put a stop to terms in employment contracts that give workers less time to file civil rights lawsuits, saying such terms allow employers to get away with discriminatory practices.

  • April 26, 2024

    Ill. Hospital Wins Dismissal Of Genetic Privacy Case

    An Illinois state court judge has thrown out a proposed class action accusing Advocate Health and Hospitals Corp. of violating the state's decades-old genetic information privacy law, saying Wednesday the lead plaintiff not only released the hospital system from liability, but was largely asked about her own medical status after she was already offered a job.

  • April 26, 2024

    FTC's Bedoya Says Labor Concerns In Mergers Matter

    Federal Trade Commissioner Alvaro Bedoya said Friday that it's important for enforcers to consider the impact mergers can have on labor, even if they never did in the past, contending that concentration can lead to lower wages and dangerous working conditions.

  • April 26, 2024

    Truist Unit Survives Early Dismissal Bid In NC Poaching Suit

    Truist Financial Corp. and its real estate finance arm can move forward with the bulk of their suit accusing three former executives of absconding for a competitor with several dozen colleagues in tow, after North Carolina's business court judge largely denied the defendants an early exit.

  • April 26, 2024

    Ex-Conn. Hospital Worker Says He Was Assaulted, Then Fired

    Stamford Health Inc. terminated a hospital maintenance worker soon after he suffered a violent assault in the workplace, claiming that he abandoned his job even though it failed to provide him with necessary paperwork to take medical leave, according to an amended lawsuit filed Friday in Connecticut federal court.

  • April 26, 2024

    Ex-Mass. Trooper Handed 5 Years For No-Work OT, Tax Fraud

    A former Massachusetts state trooper convicted of stealing overtime pay, lying on his taxes and cheating to get student aid for his son was sentenced Friday by a federal judge to five years in prison for his leadership role in the sprawling overtime fraud scheme.

  • April 26, 2024

    Staffing Agency Escapes Applicant's Salary Disclosure Suit

    A Washington federal judge threw out a proposed class action a job applicant brought against a staffing agency under the Evergreen State's 2023 law requiring certain employers to disclose a salary range in job postings, saying a plaintiff has to actually want the job they are suing over.

  • April 26, 2024

    Off The Bench: Nassar Victims, Bush V. NCAA, New ACC Suit

    In this week's Off The Bench, the U.S. Department of Justice cuts a nine-figure deal for botching its sexual abuse investigation of disgraced USA Gymnastics physician Larry Nassar, college football legend Reggie Bush plows ahead with an NCAA defamation suit despite reclaiming his Heisman trophy, and Florida sues the ACC to detail its lucrative media rights contracts.

  • April 26, 2024

    HCA Owes OT, Break Wages, Ex-NC Hospital Worker Says

    A longtime respiratory therapist at a western North Carolina hospital accused the system's owners of manipulating employees' time sheets to remove hours they worked and automatically deducting lunch breaks workers couldn't take in a proposed collective action filed in federal court.

  • April 26, 2024

    11th Circ. Finds No Anti-Black Juror Bias In Murder Trial

    The Eleventh Circuit has denied a new trial to a Mexican man arguing prosecutors used all but one of their peremptory strikes to exclude potential jurors who were Black or Hispanic at the trial in Georgia where he was sentenced to life in prison for murdering a whistleblower connected to his work.

  • April 26, 2024

    Flight Attendants Seek Class Status In FMLA Penalty Suit

    Former and current Southwest flight attendants have asked a California federal judge for class status in their suit claiming the airline punished workers who took family or medical leave by blocking them from improving their disciplinary records, arguing that their allegations are best resolved collectively.

  • April 26, 2024

    Ex-BP Commodities Trader Says Co. Reneged On Bonus

    A former BP commodities trader accused the company in Texas federal court of shorting him to the tune of $6 million when it abruptly fired him in January 2022 and paid him a smaller bonus than the $11 million he expected to receive.

  • April 26, 2024

    JPMorgan Says Ex-Adviser Is Pilfering Clients For Wells Fargo

    J.P. Morgan has accused a former investment management adviser of trying to poach clients for her new job at a competing Wells Fargo unit, saying she's been making unsolicited phone calls and sending emails to convince clients to leave in breach of her employment contract.

  • April 26, 2024

    Parking Co. Strikes $1.4M Deal To End Pay Transparency Suit

    A parking lot company has agreed to pay a class of almost 300 job seekers $1.4 million to shutter a suit claiming it shirked a Washington pay transparency law requiring that all job postings include salary and benefit information, according to state court filings.

  • April 25, 2024

    Tesla Says Investors May Want To Influence Shareholder Vote

    Tesla on Thursday questioned the motives of investors who want billions of dollars in company stock put into a trust, saying that their push to hasten the court's decision in their suit over Elon Musk's compensation plan raises concerns that they want to "elicit commentary" ahead of a shareholder meeting.

  • April 25, 2024

    Lockheed Martin Sued By Widow Over 'Toxic Stew' At Facility

    The widow of a former Lockheed Martin Corp. employee sued the aerospace defense company on Wednesday in Florida federal court, alleging her husband died because of Lockheed's "reckless mismanagement" of dangerous chemicals at a weapons manufacturing facility.

Expert Analysis

  • 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.

  • Artificial Intelligence Is In Need Of Regulation — But How?

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    Since most of the artificial intelligence-related laws in 2023 were part of more extensive consumer privacy law, the U.S. still has a lot of work to do to build consensus on how to oversee AI, and even who should do the regulating, before moving forward on specific and reasonable guidelines as AI's capabilities grow, say Nick Toufexis and Paul Saputo at Saputo Toufexis.

  • Inside Higher Education's New FCA Liability Challenges

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    As the educational sector expands its use of government funding, schools are at increased risk under the False Claims Act, but recent settlements offer valuable lessons about new theories of liability they may face and specific procedures to reduce their exposure, say James Zelenay and Jeremy Ochsenbein at Gibson Dunn.

  • Attorneys' Busiest Times Can Be Business Opportunities

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    Attorneys who resolve to grow their revenue and client base in 2024 should be careful not to abandon their goals when they get too busy with client work, because these periods of zero bandwidth can actually be a catalyst for future growth, says Amy Drysdale at Alchemy Consulting.

  • In The World Of Legal Ethics, 10 Trends To Note From 2023

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    Lucian Pera at Adams and Reese and Trisha Rich at Holland & Knight identify the top legal ethics trends from 2023 — including issues related to hot documents, artificial intelligence and cybersecurity — that lawyers should be aware of to put their best foot forward.

  • Del. Dispatch: The 2023 Corporate Cases You Need To Know

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    Corporate and mergers and acquisitions litigation has continued at a fevered pace this year, with the Delaware courts addressing numerous novel issues with important practical implications, including officer exculpation and buyer aiding-and-abetting liability, say attorneys at Fried Frank.

  • Lessons Learned From 2023's Top ADA Decisions

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    This year saw the courts delving into the complexities of employee accommodations under the Americans with Disabilities Act in the post-pandemic workplace, going beyond bright-line rules with fact-intensive inquiries that are likely to create uncertainty for employers, says Linda Dwoskin at Dechert.

  • The Key Laws Retailers Should Pay Attention To In 2024

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    2024 promises to be another transformative year for retailers as they navigate the evolving regulatory landscape, particularly surrounding data privacy and sustainability laws, meaning companies should make it a practice to keep track of new legislation and invest in compliance efforts early on, say attorneys at Benesch.

  • Cos. Should Be On Guard After Boom In Unfair Labor Claims

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    The National Labor Relations Board's recent expansion of protected activity and imposition of case-by-case policies led to a historic boom in unfair labor practice charges in 2023, so companies should prepare for labor complaints to increase in 2024 by conducting risk assessments and implementing compliance plans, say Daniel Schudroff and Lorien Schoenstedt at Jackson Lewis.

  • 3 Developments That Will Affect Hospitality Companies In 2024

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    As the hospitality industry continues its post-pandemic recovery, it faces both challenges and opportunities to thrive in 2024, including navigating new labor rules, developing branded residential living spaces and cautiously embracing artificial intelligence, says Lauren Stewart at Sheppard Mullin.

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