Employment

  • August 21, 2026

    Produce Co. Says Staffing Firm Owes Defense In Pot Test Suit

    Plant-based protein food producer Myrtle Greens says it shouldn't be on the hook in a hiring discrimination lawsuit filed by a man who was turned away from a delivery job due to a positive drug test, arguing that all hiring is done by a third-party contractor that allegedly agreed to indemnify the food-maker.

  • August 21, 2026

    Employment Authority: Why Whole Foods Can Ban BLM Attire

    Law360 Employment Authority covers the biggest employment cases and trends. Catch up this week with coverage of why the National Labor Relations Board allowed Whole Foods to ban workers from wearing Black Lives Matter slogans, how drivers for ride-hailing apps could make their union strong, and three state wage-and-hour hotbeds to watch. 

  • August 21, 2026

    GoDaddy Fired Designer After Sex Bias Complaint, Suit Says

    A former user experience designer for GoDaddy claims the web services company falsely promised her a "principal" title when hiring her, then punished and ultimately ousted her for complaining when two men with less experience were given the high-ranking status, according to a lawsuit filed Friday in Washington federal court.  

  • August 21, 2026

    Trump Seeks Justices' Review Of DEI Grant Termination Case

    The Trump administration is urging the U.S. Supreme Court to review a Ninth Circuit decision requiring the federal government to reinstate research grants that were terminated due to presidential orders against diversity, equity and inclusion initiatives.

  • August 21, 2026

    Ex-Software Engineer Says His ADHD Led To Bias, Firing

    An open source software developer fired an engineer after he raised concerns about disability discrimination in the workplace, was denied accommodations for his attention-deficit/hyperactivity disorder and had his symptoms labeled as performance problems, according to a case removed to North Carolina federal court Thursday.

  • August 21, 2026

    Uber, DoorDash Lose Most Of NYC Tip Prompt Suit

    A New York federal judge kept alive DoorDash and Uber's compelled-speech challenge to New York City laws requiring delivery platforms to display a tipping prompt at or before checkout that includes an option of at least 10%, but tossed their remaining five claims.

  • August 21, 2026

    DC Circ. Voids Block On OMB Funding Freeze

    The D.C. Circuit on Friday vacated a district judge's block on the Trump administration's pause on a wide array of federal grants, loans and financial assistance, ruling that the Office of Management and Budget's rescission of the memorandum rendered the lawsuit moot.

  • August 21, 2026

    Fed. Circ. OKs Firing Of IRS Worker Flagged By Goddaughter

    The Federal Circuit affirmed the termination of an IRS employee whose goddaughter reported her to the agency for accepting compensation or gifts in exchange for preparing tax returns for others, upholding a decision by the U.S. Merit Systems Protection Board.

  • August 21, 2026

    NJ Medicaid Fee Law Barred By ERISA, Trade Groups Argue

    A coalition of restaurant, retail and hotel industry groups has urged a New Jersey federal court to strike down a state law requiring businesses to pay a fine when their employees are enrolled in the state Medicaid program, arguing the statute conflicts with federal benefits law.

  • August 21, 2026

    OhioHealth Faces Suit Over Insurance Contract Terms

    An Ohio health system has been hit with a proposed class action over its contractual restraints that a union health plan alleges prevent cheaper insurance providers from gaining a foothold in the market.

  • August 21, 2026

    Union Pacific Loses Bid To Block BIPA Class Claims

    An Illinois federal judge on Thursday certified a class of more than 22,000 truck drivers accusing Union Pacific of violating Illinois' biometric privacy law and denied the railroad's bid for summary judgment, finding that the finger scans in question fall in the purview of the statute and rejecting the railroad's federal preemption and government-contractor defenses.

  • August 21, 2026

    Papa John's Wage Deal Is 'Collusive Fiction,' Judge Says

    A North Carolina federal judge rejected a proposed $225,000 settlement that would resolve delivery drivers' wage claims against a Papa John's franchisee, finding the deal was a "collusive fiction" that benefited the company and class counsel rather than the drivers, who would likely receive no more than $35,000.

  • August 21, 2026

    RTX Unit Beats Gender Hiring Bias Appeal In Connecticut

    RTX Corp.'s Pratt & Whitney aircraft unit prevailed a second time Friday against a female candidate's claim that she wasn't hired because of her gender, with a Connecticut appeals court affirming gender wasn't a motivating factor and that some of the woman's arguments rested on hearsay.

  • August 21, 2026

    Ex-Google Engineer Wins Partial Acquittal After IP Theft Trial

    A California federal judge acquitted an ex-Google software engineer of espionage charges Thursday while upholding his trade secret theft conviction, ruling that although trial evidence showed his trade secret theft was "ad hoc, disorganized and feeble," such evidence isn't enough to prove he intentionally colluded with the Chinese government.

  • August 21, 2026

    Ex-Mass. Cannabis Chair Says Ouster Was Retaliation

    Massachusetts' former top cannabis regulator says efforts to remove her from the role were retaliation by the state treasurer and other officials for flagging alleged conflicts of interest, regulatory violations and fraud.

  • August 21, 2026

    4th Circ. Leaves Bulk Of $22M Wells Fargo ADA Verdict Intact

    The Fourth Circuit ruled Friday that a $22 million jury verdict in favor of a former Wells Fargo employee who said he was terminated for seeking remote work was almost $2.9 million too high, telling the ex-worker to choose between a reduced award or a new trial.

  • August 21, 2026

    11th Circ. Won't Reopen ATF Worker's Disability Bias Suit

    The Eleventh Circuit refused to revive a lawsuit alleging the Bureau of Alcohol, Tobacco, Firearms and Explosives forced an employee with a heart condition to accept a demotion rather than let her take unpaid leave, ruling the agency wasn't required to supplement the paid time off she had available.

  • August 21, 2026

    Calif. High School NIL Limitations Survive Antitrust Challenge

    A California federal judge has tossed a lawsuit by high school athletes challenging the state's limits on name, image and likeness opportunities, saying the plaintiffs have not adequately defined a relevant market or pled antitrust injury.

  • August 21, 2026

    Pa. Hospital Worker Sues Over Unpaid Campus Walking Time

    Over 1,000 hourly workers at a University of Pittsburgh Medical Center facility have accused the employer of requiring them to badge in only upon reaching their workstations, leaving them uncompensated for time spent walking to and from their posts, according to a suit filed in state court.

  • August 21, 2026

    Cook Medical Hit With Data Breach Class Suit

    A medical equipment manufacturer failed to protect employees' sensitive data from a cyberattack, potentially exposing their personal information to the dark web, a former employee alleged in a new proposed class action in Indiana federal court.

  • August 21, 2026

    Transportation Tracker: Boeing, CH Robinson Verdicts

    In our latest Law360 Transportation Tracker, an Illinois jury awarded $29 million to the family of a U.N. worker killed in the 2019 crash of a Boeing 737 Max 8, while freight broker C.H. Robinson was hit with a blockbuster $604 million verdict in Texas over a fatal 2021 trucking accident.

  • August 20, 2026

    Jay-Z Appeals Buzbee Win In Rapper's Defamation Suit

    Music mogul Jay-Z's counsel fought uphill Thursday to convince a California state appeals court to revive claims that Texas attorney Tony Buzbee defamed and extorted him by roping him into a sexual abuse suit against Sean "Diddy" Combs, arguing in court that a trial court erroneously read evidence in Buzbee's favor.

  • August 20, 2026

    Facebook Whistleblower Fights For Right To Promote Memoir

    An ex-Facebook executive who wrote a whistleblower memoir urged a California federal judge Thursday to toss a preliminary arbitration decision blocking her from promoting the book or disparaging Meta, while the company countered that she agreed to resolve such disputes by arbitration when she accepted a $780,000 payout.

  • August 20, 2026

    Costco Asks Judge To Rethink Ruling, Toss Moonlighting Suit

    Costco is urging a Washington state judge to reconsider her order denying its bid for a pretrial win over claims that it illegally bars workers from taking on additional employment, arguing that its employee agreements are sufficiently narrow and that plaintiffs' claims are "simply speculation and attorney argument."

  • August 20, 2026

    Coal Co. Loses 4th Circ. Challenge To Black Lung Benefits

    The Fourth Circuit on Thursday upheld a Black Lung Benefits Act award to a former underground electrician, finding that an administrative law judge reasonably relied on two medical experts who linked his chronic lung problems to nearly 12 years of coal mine work.

Expert Analysis

  • 'Anderson Method' Ruling Shows Copyright Limits In Fitness

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    The Ninth Circuit's ruling in Tracy Anderson Mind and Body v. Megan Roup, finding that sequences of exercises developed and recorded by Tracy Anderson were not copyrightable choreographic works, is a reminder that even highly creative fitness programming can fall outside the scope of copyright protection, says Meredith Bobber Strauss at Michelman & Robinson.

  • Mitigating Risks Under New Pay Disclosure Laws In Maine, Va.

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    To prepare for pay transparency laws that go into effect this summer in Maine and Virginia, employers should consider comprehensive audits of existing recruiting, compensation and recordkeeping practices — and be prepared to uncover disparities that create both legal and employee relations risks, say attorneys at Morgan Lewis.

  • Class Actions At The Circuit Courts: May Lessons

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    In this month's review of class action appeals, Mitchell Engel at Shook Hardy discusses four recent rulings from cases involving allegations of Title VII violations, the Employment Retirement Income Security Act, prison dental care violations and overcharging for PACER access.

  • Series

    NY Times Word Puzzles Make Me A Better Lawyer

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    Every morning I let The New York Times humble me with word games, which offer a chance to recalibrate my brain before the day's chaos arrives and remind me that a solution — whether to a puzzle or employment law issue — almost always exists once I find the right angle, says Amy Epstein Gluck at Pierson Ferdinand.

  • Series

    Law School's Missed Lesson: Diagnose Before Arguing

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    Law school often skips over explicitly teaching students how to determine what kind of problem a case presents before they commit to a particular doctrinal path, which risks building arguments that are internally coherent but externally misaligned, says Melanie Oxhorn at Kobre & Kim.

  • Becoming The Biz-Savvy GC That Portfolio Companies Need

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    Candidates for general counsel roles at private equity-backed portfolio companies should prioritize proving their sector-specific experience, commercial judgment and ease with uncertainty — and attorneys hoping to be candidates in five to 10 years should start working on those skills now, says Dimitri Mastrocola at Major Lindsey.

  • Operational AI Washing: The Section 220 Information Strategy

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    Plaintiffs filing AI washing claims will likely use Section 220 of the Delaware General Corporation Law to obtain internal board records, but 2025 amendments have fundamentally changed the landscape of presuit shareholder document demands in ways that create both risk and opportunity for companies, say attorneys at Akerman.

  • AI Agents Will Test The Bounds Of Expert Witness Rules

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    Rule 702 of the Federal Rules of Evidence does not address whether a testifying expert must be human, but as the rule’s amended admissibility framework intersects with the accelerating capabilities of agentic AI, courts may be forced to confront whether AI-generated expertise fits within existing evidentiary doctrine, says Steven Cordero at Akerman.

  • Reel Justice: 'Project Hail Mary' Can Aid Cross-Examination

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    In the new science fiction film, "Project Hail Mary," a character understood that survival depended on eliminating ambiguity — a useful lesson that trial lawyers can implement by asking statements that are delivered in the form of a question during cross-examination, says Veronica Finkelstein at Wilmington University.

  • Series

    Judges On AI: How Courts Can Survive The Tech Revolution

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    Colorado Supreme Court Justice Maria Berkenkotter and Colorado Court of Appeals Judge Lino Lipinsky de Orlov discuss how artificial intelligence has already fundamentally altered the legal system and offer tips for courts navigating deepfakes, hallucinations and a gap in access to AI tools.

  • What Jury Holdouts Can Teach Trial Lawyers About Strategy

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    Though a hung jury can be a disappointment, a psychological understanding of jury holdouts can help trial lawyers shape their damages arguments and understand leadership and group composition as a function of jury selection, says Clint Townson at Townson Litigation.

  • Model Jury Instructions Provide Next Step In Aligning DTSA

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    As the Defend Trade Secrets Act turns 10, new model jury instructions published by the Sedona Conference map emerging issues and jurisdictional splits, representing a significant step toward harmonizing DTSA trial practice, says Amy Candido at Simpson Thacher.

  • Startup Founder Disputes Increasingly Turn On Governance

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    Recent Delaware developments suggest that as courts place increasing emphasis on board process, independence and oversight in founder-led startups, the growing intersection of governance, technology risk and investor oversight is accelerating both the emergence and escalation of founder disputes, says mediator Frank Burke.

  • 3 AI Adoption Mistakes GCs Should Avoid

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    The pressure in-house legal teams face to quickly adopt artificial intelligence tools, combined with budget constraints and the need to evaluate a crowded market of options, sets the stage for implementation mistakes that are often difficult to undo, says former 23andMe general counsel Guy Chayoun.

  • Series

    Playing Basketball Makes Me A Better Lawyer

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    My grandfather used to say "I wear your jersey" as shorthand for wholly committing to support someone with loyalty and integrity — ideals that have shaped my life on the basketball court and in legal practice, says Tracy Schimelfenig at Schimelfenig Legal.

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