Employment

  • January 30, 2023

    Ga. Investigators, Insolvent Employer Ink $68k Wage Deal

    A pair of property damage investigators in Georgia agreed Monday to settle Fair Labor Standards Act overtime claims against their insolvent ex-employer despite securing an Eleventh Circuit ruling that they were not overtime-exempt.

  • January 30, 2023

    7th Circ. Backs Toss Of Ex-Bank Officer's Retaliation Suit

    The Seventh Circuit said it would not revive a former credit officer's retaliation lawsuit alleging he was sacked for insisting a female employee receive a raise, with the court saying Monday he had failed to show the firing was brought on by his advocacy.

  • January 30, 2023

    Prepare Amended Suit, Judge Tells Microsoft 401(k) Plaintiffs

    A Washington federal judge on Monday told an attorney for former Microsoft workers alleging their retirement plan included subpar options that it would be wise to start working on an amended complaint.

  • January 30, 2023

    11th Circ. Upholds U. Of Alabama's Win In Race Bias Case

    The Eleventh Circuit declined Monday to revive a race discrimination lawsuit brought by a group of African American workers against the University of Alabama at Birmingham, saying the three current and former employees abandoned many of their claims in an appeal low on details.

  • January 30, 2023

    Ga. Judge Tosses Samaritan's Suit Over USPS Vehicle Injury

    A former Macon, Georgia, man burned by scalding engine coolant while helping a rural mail carrier whose vehicle had broken down in front of his house failed to prove any negligence by the federal government or U.S. Postal Service, a Georgia federal judge ruled.

  • January 30, 2023

    New ACA Birth Control Exemptions Cover Faith, Not Morality

    The Biden administration on Monday proposed tightening the Affordable Care Act's contraception mandate to eliminate a moral exemption that the Trump administration crafted and the U.S. Supreme Court upheld, eliciting both praise and outcry in the long-running saga's latest chapter.

  • January 30, 2023

    Emirates Airline Unit, Worker End Pay Schedule Suit

    A New York federal judge on Monday tossed a former baggage handler's suit claiming that an Emirates Airline affiliate violated New York labor law by paying workers every two weeks, two days after the parties agreed to end the suit.

  • January 30, 2023

    Calif. Judges Keep Project Leads Liable In Foreman's Attack

    A California state appeals court has found project leaders may be liable after a foreman for a subcontractor was assaulted on the job at a San Francisco apartment construction site, in a decision overturning a lower court's ruling.

  • January 30, 2023

    Credit Union Fired Worker Who Complained Of Bias, Suit Says

    A New York woman is suing her former employer Heritage Financial Credit Union, accusing the company of failing to address her complaints of racial discrimination and then firing her.

  • January 30, 2023

    9th Circ. Says Federal Rules Retroactively Bar Calif. Break Suit

    The Ninth Circuit upheld a lower court's decision to toss claims that a trucking company violated California state meal and rest break rules for commercial drivers, ruling that those state rules were preempted by federal law and unenforceable.

  • January 30, 2023

    Ex-Hunter Prof Owes US For Scuba Trips Billed As HIV Work

    A former Hunter College professor and the university agreed to reimburse the federal government for longtime improper billing to the National Institutes of Health for scuba diving trips, international flights and improper bonuses, according to civil settlements filed Friday in New York federal court. 

  • January 30, 2023

    Jury Rejects Discrimination Claims Against Colo. Trucking Co.

    A Denver trucking company's employment standards had a disparate adverse impact on disabled drivers, a Colorado federal jury found Monday, siding with the U.S. Equal Employment Opportunity Commission, but rejecting EEOC claims that the company engaged in discriminatory practices.

  • January 30, 2023

    9th Circ. Won't Hear H-2A Shepherd's Class Cert. Appeal

    A sheepherder on an H-2A visa won't have a chance to challenge a district court's decision denying class certification to his suit claiming a nonprofit didn't pay foreign workers proper minimum wage, the Ninth Circuit said, denying an appeal bid.

  • January 30, 2023

    Ex-NLRB Chair Returns To Morgan Lewis Employment Team

    The former chairman of the National Labor Relations Board has returned to his longtime firm, Morgan Lewis & Bockius LLP, after leaving his government post in December.

  • January 30, 2023

    US Lodges 2nd USMCA Complaint Against Mexican Auto Plant

    The Biden administration asked the Mexican government on Monday to again check whether an automotive facility is denying its workers' collective bargaining rights, four months after the U.S. touted the successful resolution of a prior labor complaint against the facility.

  • January 30, 2023

    Pot Co. Trulieve Hit With ADA Suit Over Denied Promotion

    A former worker for Florida's largest medical cannabis company, Trulieve Inc., is suing the company, alleging she was wrongly denied a promotion because she has three children with autism.

  • January 30, 2023

    Starbucks Paid $11.7M To Ex-GC Who Left Amid Union Efforts

    Starbucks paid nearly $11.7 million last year to its former general counsel Rachel A. Gonzalez, who left the company in May against the backdrop of an explosive unionization campaign, the coffee giant revealed in U.S. Securities and Exchange Commission filings.

  • January 30, 2023

    Planet Fitness Seeks Early Win In Worker's COVID Suit

    After being denied its first bid to toss a former employee's discrimination suit, a Mississippi Planet Fitness franchisee is seeking an early win, arguing that the former employee is not protected under the Americans With Disabilities Act because he cannot prove that he has a disability as defined by the law.

  • January 30, 2023

    NJ Appeals Panel Spurns 'ABC Test' In Real Estate Wage Row

    A New Jersey appellate panel ruled Monday that the state's "ABC test" for determining if a worker is an employee or an independent contractor is not the benchmark for real estate agents and told the trial court to figure it out in part by consulting the workers' contracts instead.

  • January 30, 2023

    Texas High Court Rejects San Antonio Cop Bargaining Case

    Texas' highest court is standing by its refusal to take up a dispute over whether San Antonio park and airport police officers have collective bargaining rights, letting stand a lower court victory for the officers seeking to negotiate a contract with the city.

  • January 30, 2023

    Kroger, Ex-HR Manager End Age Discrimination Dispute

    Kroger and a former human resources manager for the grocer have agreed to close the manager's lawsuit claiming he was abruptly demoted and later fired amid a push by the company for younger leadership, according to Georgia federal court filings.

  • January 30, 2023

    NY Hospital's Vax Firing Violated Bias Laws, Worker Says

    A New York City hospital violated local, state and federal law when it fired a worker who wouldn't get a COVID-19 vaccination, despite her bids for religious and medical exemptions and the fact she worked from home, the ex-employee said in a new lawsuit.

  • January 30, 2023

    Ga. Appeals Judge Deserves Ouster From Office, Panel Says

    Suspended Georgia Court of Appeals Judge Christian A. Coomer should be removed from office over a host of alleged ethics violations, a hearing panel of Georgia's Judicial Qualifications Commission recommended Monday in a highly-anticipated report.

  • January 27, 2023

    Amazon Beats Calif. Age Bias Suit Over Alleged Quotas

    Amazon permanently defeated a terminated warehouse worker's putative class action accusing it of forcing arduous quotas that discriminate against employees older than 40, after a California magistrate judge ruled Friday the plaintiff still couldn't show any disparity in injuries of that age group compared to warehouse workers as a whole.

  • January 27, 2023

    Texas High Court Will Hear Doctor's Obesity Bias Case

    The Texas Supreme Court on Friday agreed to hear oral arguments in an appeal by an El Paso medical center that argued lower courts should have tossed a bias lawsuit by a doctor who said she was dismissed from her residency because she is morbidly obese.

Expert Analysis

  • FTC Noncompete Ban Could Open State Litigation Floodgate

    Author Photo

    The Federal Trade Commission’s recently proposed ban on most employment noncompete agreements is likely to result in a cascade of litigation on the state level, providing a basis for private consumer class actions and state attorney general enforcement, say Ryan Strasser and Carson Cox at Troutman Pepper.

  • 5 Ways Attorneys Can Use Emotion In Client Pitches

    Author Photo

    Lawyers are skilled at using their high emotional intelligence to build rapport with clients, so when planning your next pitch, consider how you can create some emotional peaks, personal connections and moments of magic that might help you stick in prospective clients' minds and seal the deal, says consultant Diana Kander.

  • Why Alec Baldwin Is Unlikely To Plead Guilty In 'Rust' Case

    Author Photo

    Though a New Mexico prosecutor recently announced she will pursue involuntary manslaughter charges against Alec Baldwin stemming from the 2021 “Rust” shooting, the actor is highly unlikely to plead guilty and will probably be acquitted due to weak evidence and other factors, says Steven Gordon at Holland & Knight.

  • Opinion

    FTC's Noncompete Proposal Is Based On Misrepresentations

    Author Photo

    In recently announcing a proposal to ban virtually all employee noncompetes, the Federal Trade Commission made numerous misrepresentations about their use and effects, and the agency's limited enforcement powers do not give it license to mandate such a rule, say Erik Weibust and Stuart Gerson at Epstein Becker.

  • 5 Keys To A Productive Mediation

    Excerpt from Practical Guidance
    Author Photo

    Cortney Young at ADR Partners discusses factors that can help to foster success in mediation, including scheduling, preparation, managing client expectations and more.

  • How Cos. Can Prep For Enforcement Of Calif. Privacy Laws

    Author Photo

    With the California Privacy Rights Act and the California Consumer Privacy Act newly in effect, covered businesses must now provide employees with the full scope of rights under these laws, and prepare adequate compliance plans with regard to the new set of requirements that will apply to employees and job applicants, says Kendall Fisher-Wu at Hanson Bridgett.

  • Preparing For An Era Of Regulated Artificial Intelligence

    Author Photo

    In light of developing regulatory activity aimed at governing the use of artificial intelligence, companies should implement best practices that focus on the fundamental principles that are driving regulators' actions, say attorneys at Troutman Pepper.

  • Examining Employer Best Practices For Reserved Gates

    Excerpt from Practical Guidance
    Author Photo

    Joshua Fox at Proskauer discusses the legal implications of employers establishing a reserved gate system for union picketing — which creates a separate worksite entrance for employers not involved in the dispute — with a focus on rights and obligations under the National Labor Relations Act, and preventing disruptions toward secondary employers.

  • Trial Lawyers Rejoice: Justices May Clarify Issue Preservation

    Author Photo

    The U.S. Supreme Court's recent grant of certiorari in Dupree v. Younger should be a boon to trial and appellate lawyers as the decision will likely standardize a rule for appellate issue preservation, bringing much-needed clarity to an area critical to general litigation success, says Jeremy Christiansen at Gibson Dunn.

  • How NJ Employers Should Plan For State WARN Act Overhaul

    Author Photo

    Almost three years after they were signed into law, the amendments to New Jersey's WARN Act will finally take effect in April, so Garden State employers should be mindful of the significant changes that make this arguably the most arduous WARN statute in the U.S. and the dramatically different landscape they will face going forward, say attorneys at Duane Morris.

  • Action Steps For Gov't Contractors On The OFCCP Audit List

    Author Photo

    Federal contractors and subcontractors on the list of firms flagged for a 2023 audit by the Office of Federal Contract Compliance Programs should inform their point of contact to watch for an advance audit notice, but shouldn't wait to identify potential indicators of discrimination and otherwise begin preparations, say Andrew Turnbull and Sadé Tidwell at MoFo.

  • Evaluating The Legal Ethics Of A ChatGPT-Authored Motion

    Author Photo

    Aimee Furness and Sam Mallick at Haynes Boone asked ChatGPT to draft a motion to dismiss, and then scrutinized the resulting work product in light of attorneys' ethical and professional responsibility obligations.

  • How FTC's Noncompete Proposal May Affect Gov't Contracts

    Author Photo

    The Federal Trade Commission’s recently proposed ban on most noncompete agreements would have drastic consequences for procurements in the government contracting sector by prohibiting routine agreements that help ensure the availability of key personnel and the confidentiality of sensitive information, say attorneys at Maynard Cooper.

  • FTC Noncompete Ban May Face Intensified Judicial Hurdle

    Author Photo

    The Federal Trade Commission projects that 30 million workers could be freed from noncompetes under the agency's proposed ban, but first the rule could face a judicial obstacle under the U.S. Supreme Court's recently promulgated "major questions doctrine," says Kendall Coffey at Coffey Burlington.

  • 6 Antitrust Compliance Tips For Employers From MLB Probe

    Author Photo

    Major League Baseball's recent investigation into possible collusion between the Mets and Yankees — involving then-free agent Aaron Judge — can teach employers of all types antitrust lessons in a time when competition for top talent is fierce, says Mohamed Barry at Fisher & Phillips.

Want to publish in Law360?


Submit an idea

Have a news tip?


Contact us here
Hello! I'm Law360's automated support bot.

How can I help you today?

For example, you can type:
  • I forgot my password
  • I took a free trial but didn't get a verification email
  • How do I sign up for a newsletter?
Ask a question!