Employment

  • March 08, 2024

    Dartmouth Hoops Union Could Touch Off Legal Madness

    A recent vote by the Dartmouth College men's basketball team to form a union could set the stage for the next round of litigation in shaping the rights of collegiate athletes, but experts told Law360 some steep obstacles could stand in the way of a breakthrough ruling that turns student athletes into full-fledged employees.

  • March 08, 2024

    High Court's Recent Denial Spurs Hope For Diversity Policies

    Justice Samuel Alito called the U.S. Supreme Court's refusal last month to wade into a case claiming a Virginia high school's admissions policy discriminated against Asian Americans "hard to understand" and "dangerous," but attorneys say the court's ruling actually provided much-needed clarity for schools and businesses trying to navigate a post-affirmative action world.

  • March 08, 2024

    Construction Co., Ex-Worker Settle Travel-Time Wage Suit

    A Western Pennsylvania construction worker has settled his unpaid-wages suit against Home Pro Remodelers LLC, closing his claims that the company didn't pay him for travel time or time spent on work sites without a supervisor present.

  • March 08, 2024

    NJ Firm Resolves Former Atty's Gender, Race Bias Suit

    Brach Eichler LLC told a New Jersey federal court Friday it had agreed to end a Hispanic former attorney's lawsuit alleging she was treated worse than white male colleagues and targeted for a layoff under the guise of financial difficulties.

  • March 08, 2024

    4 Severance Cases Stemming From Musk's X Corp. Takeover

    A recently filed suit from four executives alleging Elon Musk cheated them out of severance pay adds to the legal fallout that Musk and X Corp. are facing in the aftermath of the tech billionaire's $44 billion acquisition of the company formerly known as Twitter.

  • March 08, 2024

    7th Circ. Wants 'Roadmap' For Ill. Workplace Disease Law

    The Seventh Circuit has asked the Illinois Supreme Court to weigh in on the state's Workers' Occupational Diseases Act, saying it needs a "roadmap" to handle claims for asbestos and other diseases that manifest belatedly as it considers a widow's suit alleging her husband's exposure to a toxic chemical while working for Goodrich Corp. led to his death.

  • March 08, 2024

    Ex-NJ Transit Exec Says Fears Over $2B Project Led To Firing

    NJ Transit's ex-chief of construction management, who was overseeing the largest project in the agency's history, claims that his 2023 firing was retaliation for raising concerns about what he called design defects in the $2.3 billion endeavor to replace the aging Portal Bridge over the Hackensack River.

  • March 08, 2024

    Employment Authority: Julie Su Talks About The Past Year

    Law360 Employment Authority covers the biggest employment cases and trends. Catch up this week with Julie Su's look back at the past year while she waits for U.S. Senate confirmation and a look at the work left to do after the #MeToo movement and how states are lowering the bar for harassment suits. 

  • March 08, 2024

    5th Circ. Shoots Down New Trial For Oil Workers' OT Row

    A group of oil field workers missed their opportunity to unwind a jury verdict, the Fifth Circuit held, by waiting until two rounds of circuit court appeals were completed before filing a motion for a new trial.

  • March 08, 2024

    Harvard Prof Fights Release Of School's Data Fraud Report

    A Harvard researcher put on leave for allegedly fabricating research data told a Boston federal judge Friday it would be "poor policy" to let the school make public an internal 1,200-page report to dispute claims in a $25 million defamation suit she filed after her employer's accusations placed her at the center of a "media firestorm."

  • March 08, 2024

    Off The Bench: Dartmouth Union, Iowa Betting Case Folds

    In this week's Off The Bench, Dartmouth College men's basketball players vote to unionize over the school's objections, a probe into Iowa State University athletes' gambling activities fizzles amid warrantless search allegations, and a Wimbledon champion gets her doping suspension reduced. If you were on the sidelines over the past week, Law360 is here to clue you in on the biggest sports and betting stories that had our readers talking.

  • March 08, 2024

    DOL Says Ousting Union Fund Trustees Is Right Move

    The Seventh Circuit should allow an injunction ousting two trustees from a fraud-plagued union benefit fund to take effect, the U.S. Department of Labor told the court, urging it to deny the trustees' bid to stay the injunction.

  • March 08, 2024

    Colorado Firm Must Face Atty's Claim Over Alleged Retaliation

    A Colorado state judge has ruled that a personal injury firm that sued a former attorney for allegedly trying to dodge a prior judgment must face her counterclaim accusing the firm of filing a retaliatory action after she accused it of unfair labor practices.

  • March 08, 2024

    Greenberg Traurig Settles ADA Claims From Ex-Legal Aide

    Greenberg Traurig LLP has reached a settlement to end disability discrimination claims from a former legal assistant who alleged she was fired after she needed to work remotely to manage chronic pancreatitis, according to an order filed in the Georgia federal lawsuit.

  • March 08, 2024

    Calif. Union Pension Plan Strikes Deal In Early Retirement Suit

    A California metalworkers' pension plan and its fund manager agreed to end a proposed class action alleging over two dozen retirees had their pension payments slashed even though they were promised full benefits when they retired early, according to an order issued Friday in federal court.

  • March 08, 2024

    Hiller PC Says Ex-Atty Stole From Firm, Not The Reverse

    Boutique firm Hiller PC told a New York state judge that a suit by a former attorney alleging she was underpaid should be trimmed, arguing that unjust enrichment claims fail because she was actually stealing money from the firm, not the other way around.

  • March 08, 2024

    Ex-Jaguars Employee Seeks Leniency For $22M Theft

    A former Jacksonville Jaguars finance employee who pled guilty to embezzling $22 million from the team over a three-year period made a remorseful request to a Florida federal judge for a sentence that does not include prison time.

  • March 08, 2024

    Walmart Ends EEOC Bias Suit Over Revoked Accommodation

    Walmart will pay $70,000 to resolve a U.S. Equal Employment Opportunity Commission lawsuit alleging it revoked a South Carolina employee's ability to use an electric shopping cart to accommodate his use of a prosthetic leg, the federal bias watchdog announced.

  • March 08, 2024

    UK Litigation Roundup: Here's What You Missed In London

    This past week in London has seen Barclays initiate legal proceedings against top Russian private bank JSC Alfa-Bank; Lex Greensill, founder of the collapsed Greensill Capital, suing the U.K.'s Department for Business and Trade; Wikipedia's parent company hit with a libel claim; and a sports journalism teacher filing a data protection claim against Manchester United FC. Here, Law360 looks at these and other new claims in the U.K.

  • March 07, 2024

    Biden Touts Wage Increases In State Of The Union

    President Joe Biden on Thursday during his third State of the Union address celebrated rising wages for workers, while urging Congress to raise the federal minimum wage and pass labor legislation.

  • March 07, 2024

    Judges Say Facing Threats And Vitriol Now Part Of The Job

    Federal judges spoke Thursday about the challenges of the profession in the 21st century, describing how they've either received threats or know of warnings against colleagues, with one jurist saying she received 11 death threats during her first three months on the bench.

  • March 07, 2024

    Skechers Fined $1.25M Over Execs' Family Member Payments

    Skechers will pay the U.S. Securities and Exchange Commission $1.25 million to resolve claims it failed to disclose hundreds of thousands of dollars in payments made to its directors and their immediate family members who were hired by the sneaker giant as contractors or nonexecutive employees.

  • March 07, 2024

    Wash. Justices Won't Hear Unions' Wage Clawback Case

    Washington's highest court has rejected three unions' request for justices to decide how private employers may respond when they erroneously overpay employees, clearing the way for a jury to hear the case contesting a healthcare system's wage clawback after its payroll system was hit by a cyberattack.

  • March 07, 2024

    11th Circ. Told Workers Unfairly Paid With Reduced Golf Rates

    Three men who were classified as volunteers at a Florida for-profit municipal golf course urged the Eleventh Circuit on Thursday to reverse a lower court decision dismissing their lawsuit alleging they were denied fair wages after only being compensated with discounted fees on rounds of golf, saying they should get the chance to prove they were employees.

  • March 07, 2024

    Deputy AG Unveils DOJ Whistleblower Rewards Pilot Program

    Deputy Attorney General Lisa Monaco on Thursday said the U.S. Department of Justice will soon begin a pilot program to financially reward whistleblowers who alert prosecutors to significant corporate misconduct.

Expert Analysis

  • Staying Ahead Of The AI Policymaking Curve

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    With artificial intelligence poised to be the hottest legislative and regulatory topic in 2024, expect the AI policymaking toolbox to continue to expand and evolve as stakeholders in the U.S. and abroad develop, deploy, use and learn more about these technologies, say attorneys at Hogan Lovells.

  • The 7th Circ.'s Top 10 Civil Opinions Of 2023

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    Attorneys at Jenner & Block examine the most significant decisions issued by the Seventh Circuit in 2023, and explain how they may affect issues related to antitrust, constitutional law, federal jurisdiction and more.

  • Employee Experience Strategy Can Boost Law Firm Success

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    Amid continuing business uncertainty, law firms should consider adopting a holistic employee experience strategy — prioritizing consistency, targeting signature moments and leveraging measurement tools — to maximize productivity and profitability, says Haley Revel at Calibrate Consulting.

  • Series

    Competing In Triathlons Makes Me A Better Lawyer

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    While practicing law and competing in long-distance triathlons can make work and life feel unbalanced at times, participating in the sport has revealed important lessons about versatility, self-care and perseverance that apply to the office as much as they do the racecourse, says Laura Heusel at Butler Snow.

  • Series

    In Focus At The EEOC: Preserving Legal System Access

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    The track records of and public commentary from U.S. Equal Employment Opportunity Commission leaders — including two recently confirmed Democratic appointees — can provide insight into how the agency may approach access to justice priorities, as identified in its latest strategic enforcement plan, says Aniko Schwarcz at Cohen Milstein.

  • Mitigating Compliance And Litigation Risks Of Evolving Tech

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    Amid artificial intelligence and other technological advances, companies must prepare for the associated risks, including a growing suite of privacy regulations, enterprising class action theories and consumer protection challenges, and proliferating disclosure obligations, say attorneys at Eversheds Sutherland.

  • Where Justices Stand On Chevron Doctrine Post-Argument

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    Following recent oral argument at the U.S. Supreme Court, at least four justices appear to be in favor of overturning the long-standing Chevron deference, and three justices seem ready to uphold it, which means the ultimate decision may rest on Chief Justice John Roberts' vote, say Wayne D'Angelo and Zachary Lee at Kelley Drye.

  • Calif. High Court Ruling Outlines Limits On PAGA Actions

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    While the California Supreme Court’s ruling last week in Estrada v. Royalty Carpet Mills held that courts cannot dismiss Private Attorneys General Act claims on manageability grounds, the opinion also details how claims can be narrowed, providing a road map for defendants facing complex actions, say attorneys at Gibson Dunn.

  • Perspectives

    6 Practice Pointers For Pro Bono Immigration Practice

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    An attorney taking on their first pro bono immigration matter may find the law and procedures beguiling, but understanding key deadlines, the significance of individual immigration judges' rules and specialized aspects of the practice can help avoid common missteps, says Steven Malm at Haynes Boone.

  • Lessons From Country Singer's Personal Service Saga

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    Recent reports that country singer Luke Combs won a judgment against a Florida woman who didn’t receive notice of the counterfeit suit against her should serve as a reminder for attorneys on best practices for effectuating service by electronic means, say attorneys at Jenner & Block.

  • NY Pay Frequency Cases May Soon Be A Thing Of The Past

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    Two recent developments in New York state have unfurled to suggest that the high tide of frequency-of-pay lawsuits may soon recede, giving employers the upper hand when defending against threatened or pending claims, say attorneys at Reed Smith.

  • Trends That Will Shape The Construction Industry In 2024

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    Though the outlook for the construction industry is mixed, it is clear that 2024 will bring evolving changes aimed at building projects more safely and efficiently under difficult circumstances, and stakeholders would be wise to prepare for the challenges and opportunities these trends will bring, say Josephine Bahn and Jeffery Mullen at Cozen O'Connor.

  • A Focused Statement Can Ease Employment Mediation

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    Given the widespread use of mediation in employment cases, attorneys should take steps to craft mediation statements that efficiently assist the mediator by focusing on key issues, strengths and weaknesses of a claim, which can flag key disputes and barriers to a settlement, says Darren Rumack at Klein & Cardali.

  • How To Start Applying DOL's Independent Contractor Test

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    Last week, the U.S. Department of Labor finalized a worker classification rule that helpfully includes multiple factors that employers can leverage to systematically evaluate the economic realities of working relationships, says Elizabeth Arnold and Samantha Stelman at Berkeley Research Group.

  • 3 Areas Of Focus In Congressional Crosshairs This Year

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    Companies must prepare for Congress to build on its 2023 oversight priorities this year, continuing its vigorous inquiries into Chinese company-related investments, workplace safety and labor relations issues, and generative artificial intelligence, say attorneys at Morgan Lewis.

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