Employment

  • September 11, 2026

    9th Circ. Upholds Workers' $7.8M BART Vax Exemption Verdict

    The Ninth Circuit on Friday declined to disturb a $7.8 million verdict for six former San Francisco public rail employees who were let go after refusing the COVID-19 vaccine on faith-based grounds, finding that the transit system did not show that it couldn't have safely accommodated the workers.

  • September 11, 2026

    US Bank Objects To Ex-AI Chief's Untimely Race Bias Claim

    U.S. Bank has objected to a North Carolina federal magistrate judge's recommendation that would allow its former head of artificial intelligence to move forward with his race discrimination suit, arguing he waited too long to loop in the U.S. Equal Employment Opportunity Commission after he was fired.

  • September 11, 2026

    Judge Bars Loyalty Question From Fed. Worker Applications

    The federal government must stop asking potential hires how they'd advance President Donald Trump's policy goals while three unions argue that the query is an improper test of loyalty, a Massachusetts federal judge ruled Friday, granting the unions' bid to temporarily block the question from appearing in job applications.

  • September 11, 2026

    Lockheed Guard Sues Over Firing In Gun Handling Dispute

    A former Sikorsky Aircraft security officer wants a Connecticut federal judge to order the helicopter maker and its parent company Lockheed Martin Corp. to rehire him and pay damages, claiming he was fired for mishandling his gun even though "surveillance footage clearly showed plaintiff using appropriate trigger finger discipline."

  • September 11, 2026

    Employers In Bind As Noncitizen Workers Lose TPS

    The Trump administration's rollback of Temporary Protected Status for 13 of 17 countries that had the designation has put work authorization for hundreds of thousands of noncitizen workers at risk across various industries, including healthcare, hospitality and construction.

  • September 11, 2026

    7th Circ. Probes Ill. Nonprofit Demographic Disclosure Law

    A Seventh Circuit panel wrestled Friday with whether Illinois' law requiring nonprofits to publicize their demographic data merely encourages diversity or unconstitutionally compels speech, with one judge questioning whether its "nudging effects" establish an injury while another highlighted legislators' statements indicating a push to influence leadership or donor decisions.

  • September 11, 2026

    Academic Publishers Tell 2nd Circ. Antitrust Case Fell Short

    Major publishers of academic journals urged the Second Circuit to reject an appeal from researchers accusing them of colluding to eliminate pay for peer reviewers and impose other restrictions, saying the case is based on ethical guidelines that do not reflect a conspiracy at all.

  • September 11, 2026

    Sod Co. Rehashing Discovery Fight In Sanctions Bid, Defendants Say

    A Colorado sod company is attempting to relitigate a discovery dispute through a motion for sanctions against defendants' counsel in the company's trade secrets case against former workers and competing businesses, the defendants said in a response to the motion for sanctions Thursday.

  • September 11, 2026

    No Jurisdiction Over Army Officer's $10.5M Tort Suit, Feds Say

    The federal government urged a Puerto Rico federal court Friday to toss a U.S. Army lieutenant colonel's lawsuit demanding $10.5 million over allegations of "abusive" actions during an investigation, disputing the court's subject matter jurisdiction on multiple fronts.

  • September 11, 2026

    DC Circ. Probes DOT Authority To Withhold Calif. Funds

    A panel of D.C. Circuit judges grilled a Trump administration attorney Friday over the U.S. Department of Transportation's move to slash California's federal highway funding because of the state's commercial driver's licensing rules for nondomiciled drivers, wondering whether the agency had any authority to take the drastic measure.

  • September 11, 2026

    Mass. Justices Eye Hardship Factor In Pension Loss Cases

    Massachusetts' highest court seemed open Friday to taking financial circumstances into account in deciding whether two former public employees should lose their pensions for committing overtime fraud, although one justice worried doing so would "invite chaos."

  • September 11, 2026

    X Wins Arbitration Bid In $500M Severance Suit

    A former Twitter employee must arbitrate a suit seeking more than $500 million in severance the company promised after Elon Musk's takeover, a Delaware federal court ruled Friday, rejecting the worker's argument that the company had already refused arbitration.

  • September 11, 2026

    Employment Authority: 2nd Circ. Deepens NLRB Policy Woes

    Law360 Employment Authority covers the biggest employment cases and trends. Catch up this week with coverage on how a recent Second Circuit decision shows the vulnerability of foundational National Labor Relations Board policies, an appeals judge's frustration with courts discounting evidence of workplace harassment when the conduct isn't directed at the plaintiff and new U.S. Department of Labor guidance on how nonprofits should compensate employees who also volunteer for their organization. 

  • September 11, 2026

    Ex-CEO Of AI Recruitment Co. Cops To $27M Investor Fraud

    The former CEO of bankrupt artificial intelligence-powered staffing firm Joonko Diversity on Friday entered a guilty plea to charges that she defrauded investors out of $27 million using forged financial documents and lying about the company's customers.

  • September 11, 2026

    Pa. Hospitals Must Face Wage Suit By 30 ER Doctors

    A Pennsylvania federal judge has advanced claims filed by a group of 30 emergency room doctors against Prime Healthcare Services Inc. seeking unpaid wages, rejecting the company's argument that it could not be sued because it didn't qualify as their employer.

  • September 11, 2026

    'Quiet On Set' Makers Beat Producer's Libel Fight On Appeal

    A California appellate court Thursday reversed a lower court ruling and threw out Nickelodeon producer Dan Schneider's defamation suit against Warner Bros. Discovery and the makers of the "Quiet on Set" docuseries, finding that the series constitutes speech protected by the anti-SLAPP statute and Schneider isn't likely to win his claims.

  • September 11, 2026

    Mass. Court Revives Whistleblower Claims Against Hospital

    A former Boston Medical Center doctor will have another chance to pursue his claims that the hospital fired him in retaliation for his testimony for defendants in child abuse cases and complaints about the work of colleagues, an intermediate Massachusetts appellate court said Friday.

  • September 11, 2026

    11th Circ. Puts Ex-Worker's Ga. Negligence Claim Back In Play

    The Eleventh Circuit reinstated a Georgia law negligent retention claim against a real estate and investment firm from a former worker who claimed a colleague racially harassed her, saying a lower court dropped the ball when it tossed out the case. 

  • September 11, 2026

    Orkin Says Ex-Workers Defected With Clients And Secrets 

    Orkin LLC told a federal court that several employees it brought aboard in its 2025 acquisition of a central Pennsylvania pest control company have split for a competitor, allegedly taking customers and trade secrets with them in violation of their employment contracts.

  • September 11, 2026

    Engineering Co. Calls Atty-Ouster Bid Retaliatory In Wage Suit

    An engineering company urged a Pennsylvania federal judge to reject a bid to remove its lawyer from a wage case, arguing the worker is retaliating because the company tried to disqualify one of his attorneys from a separate case.

  • September 11, 2026

    Red Robin Can't Pause Wage Suit During Arbitration Push

    A Colorado federal court has refused to pause a wage lawsuit against a burger chain while the company pursues arbitration against most of the workers who sued it, finding no legal basis to halt proceedings against the one named worker who never agreed to arbitrate his claims.

  • September 10, 2026

    Orthopedics Co. Investor Says Docs Hid 'Boys Club' Culture

    Terminated executives of Texas-based orthopedics company Orthofix Medical Inc. have been hit with a shareholder's derivative suit accusing them of damaging the company by attempting to conceal the culture of workplace harassment they perpetuated before and after a merger.

  • September 10, 2026

    24 States Ink Deal With Feds In AmeriCorps Budget Cuts Case

    Two dozen states and the District of Columbia have reached a settlement with the Trump administration to stop the federal government from abruptly slashing funding for the national volunteer agency AmeriCorps in the future, the coalition of states announced Thursday.

  • September 10, 2026

    DOL Rule Opens Job Services To Outsourcing, Union Says

    The U.S. Department of Labor misread a Depression-era law when it began allowing private contractors to run a network of public employment offices, a civil servants' union argued in a lawsuit filed Thursday, asking the D.C. federal court to strike down the agency's change in protocol.

  • September 10, 2026

    DC Circ. Upholds SEC Denial Of Whistleblower Award

    The D.C. Circuit ruled Wednesday that a man who tipped off a journalist about a possible foreign bribery scheme is not entitled to a whistleblower award because he waited until a U.S. Securities and Exchange Commission investigation was well under way to present the same information to the agency.

Expert Analysis

  • 1st Circ. Ruling Offers Post-Muldrow Tips For Handling PIPs

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    The First Circuit's recent ruling in Walsh v. HNTB, one of the first circuit-level applications of Muldrow's lowered adverse employment action threshold, indicates that performance improvement plans can remain on solid footing if they don't affect the terms of employment, says Sasha Thaler at Constangy.

  • 2 AI Snafus Show Why Attys Can't Outsource Judgment

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    The recent incident involving Sullivan & Cromwell where citations in a filed motion were fabricated by artificial intelligence, as well as a punitive ruling from the Sixth Circuit in U.S. v. Farris, demonstrate that the obligation to supervise AI has belonged and always will belong to lawyers, says John Powell at the Kentucky School Boards Association.

  • NY Opioid Antagonist Mandate Leaves Employers Guessing

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    A recently enacted New York law will require employers that are federally mandated to maintain first-aid supplies to now include an opioid antagonist, but being that it is subject to a complicated Occupational Safety and Health Administration analysis, employers face several unanswered compliance questions, say attorneys at Conn Maciel.

  • Rulings Offer Lessons On Credible Workplace Investigations

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    Three recent rulings illustrate that while internal investigations are a critical tool for managing workplace risk, the process itself must be able to withstand scrutiny, so employers should take steps to ensure that they're conducted with independence, credibility and trust to better defend their case, say attorneys at Krevolin Horst.

  • Series

    Playing Magic: The Gathering Makes Me A Better Lawyer

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    The competitive card game Magic: The Gathering offers me a training ground for the strategic thinking skills crucial to litigation, challenging me to adapt to oft-updated rules, analyze text as complicated as any statute and anticipate my opponent’s next moves, says Christopher Smith at Lash Goldberg.

  • What's At Stake For Employers In Fight Over Visa Pause

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    For employers that rely on foreign talent, the Trump administration’s suspension of immigrant visa issuance for the nationals of 75 countries is creating practical problems, and a recently filed lawsuit challenging the pause could determine whether consular processing, for some, ceases to be an individualized process, says attorney Lisa Eisenberg.

  • Improving Well-Being In Law, 10 Years After Landmark Study

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    An important 2016 study revealed significant substance abuse and mental health issues among lawyers, and while the findings helped normalize the conversation around these topics, a decade later, structural change is still needed, says Denise Robinson at PLI.

  • Managing Tort Risk After Justices' War Zone Immunity Ruling

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    The U.S. Supreme Court’s recent decision in Hencely v. Fluor changes the tort landscape for battlefield contractors, whose liability for employee injury will now turn on compliance with battlefield directives — a question that will require discovery into highly sensitive details of combat operations and military decision-making, says Warren Bianchi at Fluet.

  • Mapping Bank Exec Clawback Risk Ahead Of Revived Bill

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    The reintroduction of the Failed Bank Executives Clawback Act would allow recovery of executive compensation after bank failures, making it important for executives and counsel to take steps such as mapping compensation, reviewing employment agreements, documenting decisions, and confirming D&O insurance, says Drew Jones at Diamond McCarthy.

  • What Mass. Ruling Clarifies About Whistleblower Protections

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    A Massachusetts appellate court's recent decision in Galvin v. Roxbury Community College, finding that an employee retained whistleblower protections despite his reporting responsibilities and possible contribution to the compliance failure, requires employers to distinguish between performance-based decisions and their response to protected reporting, say attorneys at Smith Kane.

  • Federal 401(k) Plan Would Create Fiduciary Litigation Risks

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    President Donald Trump recently previewed an initiative to make a public 401(k)-style plan option available to all American workers who lack access to an employer-sponsored retirement plan, raising novel and complex litigation issues that merit careful attention, say attorneys at Willkie.

  • Initial Virginia AG Actions Signal Focus On Multistate Efforts

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    Now that Virginia Attorney General Jay Jones has reached the 100-day mark in office, his first set of actions reveals a clear preference for coalition with regional and national counterparts, which means the primary risk for businesses is no longer just the fact of enforcement, but the speed at which investigations can escalate, says Lauren Cooper at Hogan Lovells.

  • Reel Justice: 'No Other Choice' And Moral Rationalization

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    In the satirical thriller "No Other Choice," the main character rationalizes his decision to kill business competitors by creating a narrative of necessity, illustrating for attorneys the dangers of treating strategic litigation decisions as inevitabilities rather than choices, says Veronica Finkelstein at Wilmington University.

  • 5 Trial Lessons You Learn By Losing

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    Exploring insights that are usually gained only after trial loss can expose the gaps between what we intend to communicate and what lands with the fact-finder, including why being right isn't always a win and how winning a cross‑examination can help you lose your case, says Allison Rocker at Baker & McKenzie.

  • What We Did And Didn't Learn From DOJ's 1st Illegal DEI Deal

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    IBM's recent $17 million deal with the U.S. Department of Justice marks the first resolved False Claims Act enforcement action under the Civil Rights Fraud Initiative, and while it validates the core of the government's FCA antidiscrimination enforcement road map, it leaves its most aggressive theories untested, say attorneys at Nutter.

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