Employment

  • June 03, 2024

    Minn. Biz Groups Fight Ban On Required Anti-Union Meetings

    A Minnesota company and two business groups are challenging the state's nearly year-old ban on so-called captive audience meetings, saying Minnesota can't exempt workers from sitting through mandatory meetings about their employers' views on unionization without violating the U.S. Constitution.

  • June 03, 2024

    Fla. Judge Won't Trim Mercer's Suit Against Ex-Adviser

    A Florida judge on Friday denied an investment adviser's bid to end claims by the parent company of her former employer Mercer Global Advisors' suit accusing her of stealing clients and interfering with its business.

  • June 03, 2024

    Catching Up With Delaware's Chancery Court

    Delaware's Court of Chancery pushed out tons of decisions last week, along with a second round of new rules and letters of concern over pending changes to the state's corporate law code. The court's docket was as busy as ever, with new cases involving Tesla CEO Elon Musk, FTX cryptocurrency claims, and more. In case you missed it, here's the latest from Delaware's Chancery Court.

  • June 03, 2024

    DHL, Courier Service Agree To Shell Out $1M In OT Suit

    DHL and its direct courier services told a Washington federal court they have agreed to shell out $1 million to a group of drivers who claimed they were paid a flat daily rate that did not include overtime.

  • June 03, 2024

    Standards Are Murky As Legal Employers Vet Protesters

    As violence in Gaza rages on, law firms have vowed not to employ lawyers whose activism for Palestinian rights they deem unacceptable. But "unacceptable" is in the eye of the beholder, and that makes it difficult for law students and lawyers who advocate for a ceasefire to navigate the workplace and the job market.

  • June 03, 2024

    6th Circ. Says $10.5M Ascension Hospitals Vax Deal Too Broad

    The Sixth Circuit scrapped a settlement Monday in a class action claiming that Ascension Health Alliance illegally fired or suspended religious workers who rejected the COVID-19 vaccine, ruling the Michigan-based employees backing the suit lack standing to expand the deal nationwide.

  • June 03, 2024

    3rd Circ. Backs Bad Subpoena Sanction In Race, Sex Bias Suit

    The Third Circuit has upheld a $6,720 fee sanction against a New Jersey attorney for serving an intentionally misleading subpoena while representing a Garden State management company against federal race and sex bias claims.

  • June 03, 2024

    Fisher Phillips Grows In Tampa With Cantrell Astbury Founder

    Employer-side law firm Fisher Phillips announced Monday that it added a new of counsel to its Tampa, Florida, office who was previously a shareholder and founder of a boutique employment law firm.

  • June 03, 2024

    Ex-Conn. Dispensary Supervisor Drops Transgender Bias Suit

    A former supervisor at a Branford, Connecticut, cannabis dispensary has withdrawn her claims that her colleagues targeted her for being transgender and tried to get her in trouble at work by falsely claiming she was high on the job, targeting that allegedly led to her termination.

  • June 03, 2024

    Mich. High Court Keeps $15 Min. Wage Proposal Off Ballot

    An initiative to raise the hourly minimum wage in Michigan to $15 by 2027 will stay off the 2024 ballot, the state Supreme Court ruled, turning down a group's bid to force the state canvassers board to certify the proposal.

  • June 03, 2024

    Supreme Court Ruling Keeps Amazon Race Bias Suit Alive

    Amazon Music can't sink a Black former worker's suit alleging her responsibilities were reduced and she was placed on a performance improvement plan for complaining about her manager, a New York federal judge said, ruling her claims are viable based on a recent U.S. Supreme Court decision.

  • June 03, 2024

    CORRECTED: Justices Delay Cert Decision On OSHA Standard Setting

    The U.S. Supreme Court is holding off on deciding if it will review a split decision from the Sixth Circuit that the Occupational Safety and Health Administration's authority to set workplace safety standards is constitutional, a ruling that the lower federal appellate court declined to rehear in December.

  • June 03, 2024

    Justices Won't Mull Worker-Friendly Ruling On Preshift Pay

    The U.S. Supreme Court declined on Monday to hear a case asking how to decide when an employer must pay employees for time they spend on preshift tasks that are necessary for them to do their jobs.

  • June 01, 2024

    Blockbuster Summer: 10 Big Issues Justices Still Must Decide

    As the calendar flips over to June, the U.S. Supreme Court still has heaps of cases to decide on issues ranging from trademark registration rules to judicial deference and presidential immunity. Here, Law360 looks at 10 of the most important topics the court has yet to decide.

  • May 31, 2024

    Colo. AI Bias Law Lays 'Foundation' For New State Patchwork

    Colorado's trailblazing legislation for regulating high-risk uses of artificial intelligence is likely to inspire other states to act, although a host of "reservations" about the measure from advocates and even Colorado's governor are likely to result in a fragmented national landscape as other states' legislatures use the measure as a launching point rather than a model they'd want to fully replicate. 

  • May 31, 2024

    US, Mexico Reach Truce On Steel Factory Labor Violations

    A steel manufacturer in Mexico has agreed to pay a monetary settlement to workers it dismissed in retaliation for their union organizing activity after the United States asked the Mexican government to review the matter, the Office of the U.S. Trade Representative said.

  • May 31, 2024

    Employment Authority: A Look Into EEOC's Bias Charge Spike

    Law360 Employment Authority covers the biggest employment cases and trends. Catch up this week with coverage on potential reasons why the Equal Employment Opportunity Commission saw an uptick in color-based bias charges in fiscal year 2023, an interview with go-to appellate attorney Daniel Geyser about arbitration and experts' anticipation of a fight over the renomination of the National Labor Relations Board's chairman.

  • May 31, 2024

    Kioti Execs Siphoned $7.7M Through Service Scheme, Suit Says

    Former executives for the maker of Kioti tractors and mowers siphoned away nearly $7.7 million from the company through an exploitative and self-dealing scheme with a financial services business, the manufacturer said in a North Carolina Business Court complaint filed Friday.

  • May 31, 2024

    Conn. Justices Order Arrested Univ. Employee Reinstated

    Connecticut's highest court on Friday ordered Central Connecticut State University to reinstate an employee who was fired after engaging the police in a nearly three-hour armed standoff, finding an arbitrator's decision to give him his job back did not violate "an explicit, well-defined and dominant public policy."

  • May 31, 2024

    Utility Co. Shuts Down Ex-Worker's Severance Pay Suit

    A utility company defeated an ex-employee's lawsuit alleging he was wrongly denied severance pay after rejecting a job that would've lengthened his commute by more than 50 miles, with a New York federal judge finding he'd failed to show the company's refusal was an egregious error.

  • May 31, 2024

    Judge Wonders If Wash. Social Media Ban Blocks Free Speech

    A Washington appellate judge on Friday questioned the constitutionality of a state law barring injured workers from posting video of their state workers' compensation medical exams on social media, saying it could be cutting off someone's only way of communicating with the outside world.

  • May 31, 2024

    Texas Justices Won't Review Boeing, Union Back Pay Suit

    The Texas Supreme Court on Friday declined to review a decision by the Court of Appeals for the Fifth District permitting the Southwest Airlines Pilot Association to continue its attempt to recover lost wages from Boeing after the Federal Aviation Administration grounded its 737 Max plane in 2019. 

  • May 31, 2024

    Group Sued Over Immigrants' Benefits Too Late, Panel Holds

    A Michigan state appeals court has nixed a nonprofit's challenge to the court's ruling that working while unauthorized is a crime and that immigrant workers are not entitled to benefits once their unauthorized status is discovered, saying the group brought the lawsuit in an untimely manner.

  • May 31, 2024

    Airport Shops, Ex-Workers Say They Have A Data Breach Deal

    Attorneys for an airport retail company and a worker who says his personal information was compromised in a corporate data breach told a Georgia federal judge Thursday they've reached a tentative deal to bring the proposed class action to a close.

  • May 31, 2024

    NY Appeals Court Backs Trimming Of 50 Cent Liquor Spat

    A New York appeals court has said a lower court rightly dismissed some components of a suit brought by a fine liquors company owned by rapper 50 Cent, allowing Jim Beam and its parent company to escape the rapper's claims they aided a fraud and rejecting his request for punitive damages and attorney fees.

Expert Analysis

  • Series

    Riding My Peloton Bike Makes Me A Better Lawyer

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    Using the Peloton platform for cycling, running, rowing and more taught me that fostering a mind-body connection will not only benefit you physically and emotionally, but also inspire stamina, focus, discipline and empathy in your legal career, says Christopher Ward at Polsinelli.

  • What To Watch As Justices Consider Appeal Deadline Case

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    Next week, in Harrow v. U.S. Department of Defense, the U.S. Supreme Court will consider for the first time whether a statutory deadline for appealing from a federal agency to an Article III court is jurisdictional, setting the stage for a decision that could dramatically reshape the landscape for challenging agency decisions, say attorneys at MoloLamken.

  • Class Actions At The Circuit Courts: March Lessons

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    In this month's review of class action appeals, Mitchell Engel at Shook Hardy discusses four notable circuit court decisions on topics from consumer fraud to employment — and provides key takeaways for counsel on issues including coercive communications with putative class members and Article III standing at the class certification stage.

  • Spartan Arbitration Tactics Against Well-Funded Opponents

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    Like the ancient Spartans who held off a numerically superior Persian army at the Battle of Thermopylae, trial attorneys and clients faced with arbitration against an opponent with a bigger war chest can take a strategic approach to create a pass to victory, say Kostas Katsiris and Benjamin Argyle at Venable.

  • What The NIL Negotiation Rules Injunction Means For NCAA

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    A Tennessee federal court's recent preliminary injunction reverses several prominent and well-established NCAA rules on negotiations with student-athletes over name, image and likeness compensation and shows that collegiate athletics is a profoundly unsettled legal environment, say attorneys at Pillsbury.

  • What 2 Years Of Ukraine-Russia Conflict Can Teach Cos.

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    A few key legal lessons for the global business community since Russia's invasion of Ukraine could help protect global commerce in times of future conflict, including how to respond to disparate trade restrictions and sanctions, navigate war-related contract disputes, and protect against heightened cybersecurity risks, say attorneys at Morgan Lewis.

  • EEOC Case Reminds That Men Can Also Claim Pay Bias

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    The Maryland State Highway Administration recently settled U.S. Equal Employment Opportunity Commission claims that a male employee was paid less than his female colleagues, highlighting why employers should not focus on a particular protected class when it comes to assessing pay bias risk, say Barbara Grandjean and Audrey Merkel at Husch Blackwell.

  • 3 Litigation Strategies To Combat 'Safetyism'

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    Amid the rise of safetyism — the idea that every person should be free from the risk of harm or discomfort — among jurors and even judges, defense counsel can mount several tactics from the very start of litigation to counteract these views and blunt the potential for jackpot damages, says Ann Marie Duffy at Hollingsworth.

  • Takeaways From NLRB Advice On 'Outside' Employment

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    Rebecca Leaf at Miles & Stockbridge examines a recent memo from the National Labor Relations Board’s Division of Advice that said it’s unlawful for employers to restrict secondary or outside employment, and explains what companies should know about the use of certain restrictive covenants going forward.

  • What Recent Study Shows About AI's Promise For Legal Tasks

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    Amid both skepticism and excitement about the promise of generative artificial intelligence in legal contexts, the first randomized controlled trial studying its impact on basic lawyering tasks shows mixed but promising results, and underscores the need for attorneys to proactively engage with AI, says Daniel Schwarcz at University of Minnesota Law School.

  • Shaping Speech Policies After NLRB's BLM Protest Ruling

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    After the National Labor Relations Board decided last month that a Home Depot employee was protected by federal labor law when they wore a Black Lives Matter slogan on their apron, employers should consider four questions in order to mitigate legal risks associated with workplace political speech policies, say Louis Cannon and Cassandra Horton at Baker Donelson.

  • What To Know About Employee Retention Credit Disclosures

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    Employers that filed potentially erroneous employee retention credit claims should take certain steps to determine whether the IRS’ voluntary disclosure program is a good fit and, if so, prepare a strong application before the window closes on March 22, say attorneys at Dentons.

  • 2026 World Cup: Companies Face Labor Challenges And More

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    Companies sponsoring or otherwise involved with the 2026 FIFA World Cup — hosted jointly by the U.S., Canada and Mexico — should be proactive in preparing to navigate many legal considerations in immigration, labor management and multijurisdictional workforces surrounding the event, say attorneys at Morgan Lewis.

  • 5 Things Trial Attorneys Can Learn From Good Teachers

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    Jennifer Cuculich at IMS Legal Strategies recounts lessons she learned during her time as a math teacher that can help trial attorneys connect with jurors, from the importance of framing core issues to the incorporation of different learning styles.

  • Avoiding Jurisdictional Risks From Execs' Remote Work

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    Following a California federal court's recent decision in Evans v. Cardlytics — where the case was remanded to state court because the company’s executives worked remotely in California — there are several steps employers can take to ensure they will not be exposed to unfavored jurisdictions, says Eric Fox at Quarles & Brady.

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