Employment

  • June 29, 2026

    Justices Won't Review Yellow Corp. Ch. 11 Pension Liabilities

    The U.S. Supreme Court on Monday rejected defunct trucking giant Yellow Corp.'s appeal of a bankruptcy court decision that it owes billions of dollars in retirement fund withdrawal liability, despite a pandemic-era pension fund stimulus package.

  • June 29, 2026

    Justices Turn Away NY Healthcare Workers' Vax Bias Suit

    The U.S. Supreme Court declined on Monday to hear a lawsuit accusing a New York healthcare system of unlawfully firing dozens of employees who requested religious exemptions from its COVID-19 vaccination policy, despite the workers' argument that the Second Circuit gave more credence to state law than their religious rights.

  • June 29, 2026

    Justices Skip New York Health Workers' Fight Over Vax Rule

    The U.S. Supreme Court refused Monday to take up religious healthcare workers' challenge to a pandemic-era New York state policy requiring healthcare providers to make their employees get vaccinated against COVID-19, drawing a dissent from Justices Neil Gorsuch, Clarence Thomas and Samuel Alito.

  • June 29, 2026

    High Court Passes On Ex-Officer's Disability Bias Suit

    The U.S. Supreme Court declined Monday to wade into a former Michigan Department of Corrections officer's lawsuit claiming he was fired for requesting lighter duties following a hip injury, leaving in place the Sixth Circuit's decision that a law barring disability bias in federally funded programs doesn't prohibit retaliation.

  • June 26, 2026

    Coercion Or Consent? A View From Inside The OneTaste Trial

    Coming in as lead counsel for OneTaste's former sales director four months ahead of ​the high-profile trial after previous lawyers were conflicted out, Celia Cohen and her Ballard Spahr LLP team were tasked with building a defense against a first-of-its-kind forced labor conspiracy case against top leaders ​of the "orgasmic meditation" organization​.

  • June 26, 2026

    Pot Shop Says NY Can't Use 'Unclean Hands' In Labor Row

    A cannabis dispensary is seeking an early win in its challenge to a New York state requirement compelling cannabis operators to sign labor peace agreements with unions to secure a license, telling a federal court Friday that the state's argument alleging the company has "unclean hands" is meritless.

  • June 26, 2026

    PACER Fees Will Rise To Fund Cyber Defense Upgrades

    The federal judiciary announced Friday it will temporarily increase the fees for electronic access to court records to pay for a potential $800 million upgrade that will modernize and strengthen court records systems PACER and CM/ECF, an upgrade it previously said is needed to respond to escalating cyberattacks.

  • June 26, 2026

    Employment Authority: Amazon Row May Spark Cemex Test

    Law360 Employment Authority covers the biggest employment cases and trends. Catch up this week with coverage on how an ongoing bargaining dispute between Amazon and the Teamsters may have created a path to review a Biden-era bargaining order standard, the unanswered questions arising from a New York Court of Appeals decision on age limits for state judges, and how the Ninth Circuit is currently considering whether an employee can consent to arbitrate a dispute if they don't open emails with arbitration opt-out instructions.

  • June 26, 2026

    Pfizer Beats Ex-Worker's Whistleblower Retaliation Suit

    Pfizer defeated a former employee's whistleblower retaliation suit Friday after a California federal judge ruled the "uncontroverted material facts" show the company would have fired him for "legitimate, independent reasons" even if he did engage in protected whistleblowing.

  • June 26, 2026

    En Banc 4th Circ. Splits Over Stay Of DOD HIV Enlistment Ban

    The Fourth Circuit voted en banc Thursday to grant the federal government's bid to pause a lower court's permanent injunction blocking its policies excluding HIV-positive individuals from enlisting in the military, with a dissenting appellate judge writing that "the government is playing games!"

  • June 26, 2026

    NC Judge Won't Block Ex-Sales Team's Rival Venture, For Now

    An office technology provider can't block a group of former sales representatives from running a rival business, which it claims they're doing by violating their noncompete agreements and using its trade secrets, after a federal judge said he'd wait until both sides can weigh in.

  • June 26, 2026

    Contractor Not Liable For 'Obvious Danger': Texas Justices

    The Texas Supreme Court did away with an injured roofer's $4.6 million verdict against a general contractor, saying Friday that an independent contractor like the roofer cannot recover in the case of an "open and obvious danger."

  • June 26, 2026

    Endoscopy Device Maker's Trade Secret Suit Trimmed In Ohio

    An Ohio federal judge has kept alive most of medical equipment supplier Steris' lawsuit claim that a former research and development director stole its intellectual property to form a competitor, but agreed to trim some claims in the case.

  • June 26, 2026

    At Angola Farm Line Trial, An Enduring Debate Over Slavery

    A yearslong federal case over forced agricultural labor at Louisiana's Angola prison raised questions about prison labor and its ties to slavery, but ended earlier this year with a judge's refusal to halt the practice despite finding workers remained exposed to dangerous heat. Advocates say that was a mistake.

  • June 26, 2026

    Hispanic Agents Say Liberty Mutual Unit Stereotyped Clients

    Three Hispanic insurance agents in North Carolina said in a new complaint that they were singled out for investigation and ultimately fired after the Liberty Mutual unit that employed them stereotyped their predominantly Hispanic customer base.

  • June 26, 2026

    Ex-Cal Basketball Player Sues NCAA Over Age Eligibility Rule

    The National Collegiate Athletic Association was sued in Illinois federal court Thursday by a proposed class of athletes challenging a new policy that restricts players to five years of eligibility with no opportunity for "redshirting" or other eligibility waivers, arguing it imposes "restrictions that arbitrarily and disparately cut short college athletes' ability to compete."

  • June 26, 2026

    Athletes Vow To Fight Magistrate's Third-Party NIL Deal Ruling

    A California federal magistrate judge has rejected a request from a class of college athletes to exempt multimedia rights companies and third-party brand sponsor deals from a landmark $2.78 billion name, image and likeness settlement with the NCAA, a decision the class said Friday it'll appeal to the district judge overseeing the case.

  • June 26, 2026

    Bricklayers Funds Bring ERISA Suits Against Masonry Cos.

    Two Michigan masonry contractors and their owners have been hit with federal lawsuits accusing them of failing to pay required union fringe benefit contributions, with one company allegedly owing more than $194,000 after an audit.

  • June 26, 2026

    Beacon Stockholder Challenges Director Removal Rule

    A Beacon Financial Corp. stockholder has filed a proposed class action in Delaware Chancery Court seeking to invalidate a charter provision requiring directors to be removed only for cause, arguing the restriction violates Delaware corporate law because the bank holding company no longer has a classified board.

  • June 26, 2026

    Legal Groups Back DOL's H-2A Fine Power At High Court

    A coalition of worker advocacy and legal aid organizations urged the U.S. Supreme Court on Friday to uphold the Department of Labor's authority to collect monetary penalties from agricultural employers through its in-house adjudication system, arguing that H-2A visa program enforcement actions involve public rights that Congress may assign to the executive branch.

  • June 26, 2026

    Homebuilder Says Colo. Atty Took Its Info To Adversary Firm

    A Colorado lawyer who represented a homebuilding company for more than a decade stole tens of thousands of the company's files when he went to work for a law firm that is a regular adversary to the homebuilder, the company alleged in Colorado state court. 

  • June 26, 2026

    High Court To Issue Big Decisions In Term's Final Days

    As the U.S. Supreme Court enters the final days of its term, the justices still have several major decisions to issue, including some concerning birthright citizenship, the president's power to remove independent agency officials, transgender athletes and election rules. 

  • June 26, 2026

    Judge Won't Halt Nonparty Outreach In $14M Wage Deal

    A Colorado federal judge on Friday refused to block a plaintiff in a related state court case from contacting nurses in a $14 million wage and hour settlement, finding the health system and workers had not shown the court could step in and restrict a nonparty's conduct.

  • June 26, 2026

    Reed Smith Wants Pause In Ex-Atty's Bias Suit Amid Appeal

    Reed Smith LLP asked a New Jersey court on Thursday to stay a former attorney's gender discrimination suit against it while the attorney's appeal of the scope of the damages in the suit plays out.

  • June 26, 2026

    Taft Adds Fennemore Craig Duo Amid Post-Merger Growth

    Taft Stettinius & Hollister LLP said on Thursday that it has added a pair of Fennemore Craig PC litigators to its Phoenix office, which has grown by 200% since the firm's merger with Sherman & Howard LLC at the start of last year.

Expert Analysis

  • Latest NLRB Pick Could Put 4 Key Rulings On Chopping Block

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    If President Donald Trump's recent nominee for the National Labor Relations Board is confirmed, it would restore the board's critical three‑member majority and position it to begin revisiting Biden‑era decisions, including Cemex, Thryv and others, say attorneys at Proskauer.

  • 4 Emerging Approaches To AI Protective Order Language

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    Over the last year, at least five federal district courts have issued or analyzed specific protective order provisions restricting the use of generative artificial intelligence platforms with protected materials, establishing that proactive AI-specific provisions are now standard practice and demonstrating that no single model works for every case, says Joel Bush at Kilpatrick.

  • Employer Tips After 4th Circ. Rejects Trimmed Suit Deadlines

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    The Fourth Circuit's recent holding in Thomas v. EOTech that employers cannot use contractual provisions to shorten statutory filing periods for Title VII or Age Discrimination in Employment Act claims offers a warning for employers to review any such documents and reassess their litigation risk, say attorneys at Ogletree.

  • Heppner Ruling Left AI Privilege Risk For Lawyers Unresolved

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    While a New York federal judge’s recent ruling in U.S. v. Heppner resolved a privilege question surrounding client-side artificial intelligence use, it did not address how to mitigate the risks that can arise when confidential information enters the operative context of an AI system used by an attorney, says Jianfei Chen at Quarles & Brady​​​​​​​.

  • Employers Need To Mitigate Risk From ICE's Quiet I-9 Shift

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    U.S. Immigration and Customs Enforcement’s quiet update to employment verification guidance effectively erased a long-standing good faith safe harbor, and should prompt employers to self-audit existing records, strengthen Form I-9 procedures and develop protocols for quickly responding to inspection notices, say attorneys at Klasko.

  • How 10 Years Of Case Law Have Shaped The DTSA

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    As the Defend Trade Secrets Act reaches its 10th anniversary, attorneys at Ropes & Gray examine recent DTSA case law and highlight key takeaways regarding pleading requirements, damages and risk factors.

  • The Ethics And Practicalities Of Representing AI Agents

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    With autonomous artificial intelligence agents now able to take action without explicit instructions from — or the awareness of — their human owners, the bar must confront whether existing frameworks like informed consent and client privilege will be sufficient on the day an AI agent calls seeking counsel, say attorneys at Morrison Cohen.

  • 9th Circ.'s Silence Prolongs Uncertainty On Cemex Framework

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    By affirming a bargaining order in Cemex Construction Materials v. National Labor Relations Board without opining on the NLRB’s 2023 expansion of its authority to issue such orders, the Ninth Circuit avoided direct conflict with the Sixth Circuit’s rejection of the same framework, prolonging uncertainty for employers facing union elections, say attorneys at Dinsmore & Shohl.

  • Series

    Speed Jigsaw Puzzling Makes Me A Better Lawyer

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    My passion for speed puzzling — I can complete a 500-piece jigsaw puzzle in under 50 minutes — has sharpened my legal skills in more ways than one, with both disciplines requiring patience, precision and the ability to keep the bigger picture in mind while working through the details, says Tazia Statucki at Proskauer.

  • Tips For Handling DEI Clampdown In Gov't Contracts

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    A recent executive order and subsequent guidance from the Federal Acquisition Regulatory Council reflect unified opposition to diversity, equity and inclusion in federal contracts, requiring contractors to, among other things, identify which entities are subject to flow-down obligations and prepare for near-term contract action and negotiations, say attorneys at Morgan Lewis.

  • 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.

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