Employment

  • April 18, 2024

    Software Co. Demoted Worker For Getting Pregnant, Suit Says

    A former sales director has claimed the software company she worked for ran afoul of federal and state laws when it gave away her job while she was on maternity leave and put her in a more junior role when she returned, according to lawsuit filed in Connecticut federal court.

  • April 18, 2024

    Pharma Ex-Exec Can't Revive $12M Underpayment Suit in US

    A Manhattan federal judge has refused to rethink her decision tossing a $12 million suit accusing Altum Pharmaceuticals Inc. and its cannabis-focused parent company, BetterLife Pharma Inc., of stock dilution and underpaying a former executive chairman of the board of directors, saying the claims are better suited for Canadian courts.

  • April 18, 2024

    BREAKING: Jury Awards $98M To Wash. Hospital Workers In Wage Suit

    A Seattle jury said Thursday a Washington-based health care system should pay thousands of its employees almost $100 million for its illegal timeclock rounding and meal break practices, an award that's expected to be doubled because a judge has already determined that the company's violations were willful.

  • April 18, 2024

    6th Circ. Axes Ex-Perrigo Worker's Drug Test Firing Suit

    The Sixth Circuit refused to reinstate a bias suit from a worker who said drugmaker L. Perrigo Co. unlawfully fired him after lip balm caused him to test positive for marijuana, saying he didn't show that age or disability discrimination motivated the decision to let him go.

  • April 18, 2024

    New Va. Law Prohibits NCAA From Limiting Athlete NIL Deals

    Virginia Gov. Glenn Youngkin on Thursday signed into law a landmark state bill that allows schools in the state to enter into name, image and likeness deals with athletes while prohibiting the NCAA and other institutions from punishing the athletes or the schools for cutting the NIL agreements.

  • April 18, 2024

    NCAA Rips 'Vague' Claims In Student-Athlete's Transfer Suit

    The NCAA has urged a West Virginia federal judge to toss a suit from a 22-year-old student-athlete alleging the organization tried to prevent him from being eligible to play basketball following a mid-season transfer, saying the suit is too vague to pass muster.

  • April 18, 2024

    $550K Fingerprint BIPA Deal Receives Ill. Judge's Initial OK

    An Illinois federal judge gave his early blessing Wednesday to a nearly $550 million settlement between global food supplier Rich Products Corp. and hundreds of current and former employees who claimed the company illegally collected and used their scanned fingerprint data.

  • April 18, 2024

    Red States Back Call To Overturn Nasdaq Diversity Rule

    Utah and 23 other Republican-led states have filed an amicus brief asking the full Fifth Circuit to vacate a Nasdaq board diversity rule and declare it unconstitutional, saying the U.S. Securities and Exchange Commission, which approved the rule, is "affirmatively perpetuating" race-based discrimination instead of eliminating it.

  • April 18, 2024

    Building Groups Say They Can Fight Prevailing Wage Rule

    Several construction trade groups told a Texas federal judge that they don't need to point to specific members to support their argument that a U.S. Department of Labor final rule regulating prevailing wages will hurt them, urging the court to keep alive their suit challenging the rule.

  • April 18, 2024

    NY Appeals Court Revives AI Firm CLO's Claim For Pay

    In a significant ruling for executives and professionals, a New York state appeals court has reversed the dismissal of key claims in a former chief legal officer's lawsuit alleging he wasn't paid all wages owed after his employment ended at artificial intelligence company Amelia US LLC.

  • April 18, 2024

    Saladworks Operator Misclassified Asst. Managers, Suit Says

    A Pennsylvania-based franchisee of fast-casual salad eatery Saladworks misclassified its assistant managers as overtime-exempt even though they should have earned time-and-a-half wages for overtime hours, a former manager alleged in a proposed collective action filed in federal court Thursday.

  • April 18, 2024

    NCAA Reforms Division I Transfer Rule, Upgrades NIL Policy

    The NCAA Division I Council voted unanimously to allow certain transferring student-athletes to be immediately eligible to play on the teams of their new schools, following a multistate antitrust lawsuit challenging current restrictions.

  • April 18, 2024

    Amazon Strikes Deal, Staves Off Trial In Disability Bias Suit

    Amazon reached a deal to end a suit from an ex-employee who accused the e-commerce giant of pushing him out because of a knee injury stemming from his military service, ahead of a trial slated to begin in May, according to a filing in California federal court.

  • April 18, 2024

    Kellogg Beats ERISA Suit Over Use Of Outdated Data

    A Michigan federal judge tossed litigation accusing Kellogg of shortchanging married retirees by relying on outdated life expectancies and interest rates when calculating their pension payments, agreeing with the company that the Employee Retirement Income Security Act doesn't require the data used to be reasonable.

  • April 17, 2024

    NLRB Judge Told Of College Hoopsters' Hotel Curfew Guard

    A Stanford University runner testified on Wednesday for the National Labor Relations Board that some student-athletes should be considered employees due to the control programs exert over them, and that a time he encountered a hotel curfew guard for a Division I basketball team highlights how tight that control can be.

  • April 17, 2024

    Wells Fargo Headed To Trial In Ex-Exec's COVID-Era ADA Suit

    Wells Fargo is headed to trial over a former investment director's Americans with Disabilities Act claim in a suit alleging he lost his job following an accommodation request after his employer prepared to mandate a return to office, with a North Carolina federal judge also trimming the former employee's age discrimination suit.

  • April 17, 2024

    NC Justices Fear UNC Doc Wants 'Dramatic' Immunity Expansion

    The North Carolina Supreme Court expressed concern Wednesday over a "dramatic" broadening of public official immunity if they accepted the arguments of a University of North Carolina doctor looking to escape a defamation lawsuit alleging he made up accusations to incite a vindictive investigation into a going away party for a subordinate.

  • April 17, 2024

    SpaceX's NLRB Suit Stays In Calif. After 5th Circ. Deadlock

    SpaceX's challenge to the National Labor Relations Board's constitutionality will be heard in California federal court after the full Fifth Circuit deadlocked Wednesday on the company's bid for review of a panel decision letting the suit's transfer from Texas stand.

  • April 17, 2024

    Lab Whistleblower Drops COVID Test Suit After Feds Pass

    An ex-lab director has dropped his False Claims Act lawsuit alleging he was ousted from a diagnostic testing firm for raising concerns about regulatory violations and improper billing of federal health care programs, closing his Washington federal court case just days after the government declined to intervene.

  • April 17, 2024

    Biden Admin Probes Chinese Shipbuilders For Unfair Trade

    The Biden administration launched an investigation Wednesday into whether China used unfair practices to gain a competitive edge in the global shipping and maritime services sector, setting the stage for potential new tariffs against Beijing.

  • April 17, 2024

    Fired Whistleblowers' Right To Sue Vital, Mich. Justices Hear

    A former Fiat Chrysler plant employee told a mostly quiet Michigan Supreme Court on Wednesday that state regulators should not be his only option for recourse after he was terminated, allegedly for reporting a workplace safety concern, arguing that Michigan workers will be hung out to dry if they can't bring their own lawsuits against employers.

  • April 17, 2024

    Port Authority Worker Takes Race Bias Suit To 3rd Circ.

    A Black woman who claimed the Port Authority of New York and New Jersey didn't promote her because of her race and complaints about discrimination told the Third Circuit on Wednesday that a lower court ignored facts that should have worked in her favor when it dismissed her lawsuit.

  • April 17, 2024

    Seattle Says Firefighters' Amended Vax Complaint Still Flawed

    The city of Seattle insisted Wednesday that fatal flaws remain in an amended complaint from firefighters who sued over the city's COVID-19 vaccine mandate, including a failure to link religious discrimination and due process claims to Seattle Fire Chief Harold Scoggins and other named defendants.

  • April 17, 2024

    Colo. Labor Dept. Says Amazon's Holiday Pay Must Be In OT

    The Colorado Department of Labor and Employment told the state Supreme Court that Amazon's holiday incentive pay is similar to shift differentials, backing warehouse workers' arguments that the pay should have been included in their overtime compensation.

  • April 17, 2024

    Fox Rothschild Hires Employment Atty In Atlantic City

    Fox Rothschild LLP has added a labor and employment partner with decades of experience in collective bargaining, resolving workplace disputes and risk management to its Atlantic City, New Jersey, office.

Expert Analysis

  • Why Corporate DEI Challenges Increasingly Cite Section 1981

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    As legal challenges to corporate diversity, equity and inclusion initiatives increase in the wake of the U.S. Supreme Court's ruling on race-conscious college admissions last year, Section 1981 of the Civil Rights Act is supplanting Title VII as conservative activist groups' weapon of choice, say Mike Delikat and Tierra Piens at Orrick.

  • The Future Of BIPA Insurance Litigation After Visual Pak

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    A recent Illinois appellate court decision, National Fire Insurance v. Visual Pak, may have altered the future of insurance litigation under the state's Biometric Information Privacy Act by diametrically opposing a prominent Seventh Circuit ruling that found insurance coverage for violations of the act, say attorneys at Jenner & Block.

  • Inside OMB's Update On Race And Ethnicity Data Collection

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    The Office of Management and Budget's new guidelines for agency collection of data on race and ethnicity reflect societal changes and the concerns of certain demographics, but implementation may be significantly burdensome for agencies and employers, say Joanna Colosimo and Bill Osterndorf at DCI Consulting.

  • Assessing Work Rules After NLRB Handbook Ruling

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    The National Labor Relations Board's Stericycle decision last year sparked uncertainty surrounding whether historically acceptable work rules remain lawful — but employers can use a two-step analysis to assess whether to implement a given rule and how to do so in a compliant manner, say attorneys at Seyfarth.

  • Series

    Whitewater Kayaking Makes Me A Better Lawyer

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    Whether it's seeing clients and their issues from a new perspective, or staying nimble in a moment of intense challenge, the lessons learned from whitewater kayaking transcend the rapids of a river and prepare attorneys for the courtroom and beyond, says Matthew Kent at Alston & Bird.

  • New Wash. Laws Employers Should Pay Attention To

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    The Washington Legislature ended its session last month after passing substantial laws that should prompt employers to spring into action — including a broadened equal pay law to cover classes beyond gender, narrowed sick leave payment requirements for construction workers and protections for grocery workers after a merger, say Hannah Ard and Alayna Piwonski at Lane Powell.

  • Cannabis Ruling Lights Path For Bankruptcy Protection

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    A recent Massachusetts bankruptcy appellate court ruling in Blumsack v. Harrington leaves the door open for those employed in the cannabis industry to seek bankruptcy relief where certain conditions are met, but rescheduling marijuana as a Schedule III drug may complicate matters, say Jane Haviland and Kathryn Droumbakis at Mintz.

  • This Earth Day, Consider How Your Firm Can Go Greener

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    As Earth Day approaches, law firms and attorneys should consider adopting more sustainable practices to reduce their carbon footprint — from minimizing single-use plastics to purchasing carbon offsets for air travel — which ultimately can also reduce costs for clients, say M’Lynn Phillips and Lisa Walters at IMS Legal Strategies.

  • The Shifting Landscape Of Physician Disciplinary Proceedings

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    Though hospitals have historically been able to terminate doctors' medical staff privileges without fear of court interference, recent case law has demonstrated that the tides are turning, especially when there is evidence of unlawful motivations, say Dylan Newton and Michael Horn at Archer & Greiner.

  • Opinion

    Anti-DEI Complaints Filed With EEOC Carry No Legal Weight

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    Recently filed complaints against several companies' diversity, equity and inclusion programs alleging unlawful discrimination against white people do not require a response from the U.S. Equal Employment Opportunity Commission, and should not stop employers from rooting out ongoing discriminatory practices, says former EEOC general counsel David Lopez.

  • Circumstantial Evidence Requires A Pointillist Approach

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    Because complex cases with sophisticated defendants are unlikely to reveal much, if any, direct evidence, attorneys must aggregate many pieces of circumstantial evidence into a cohesive narrative — much like the painting technique of pointillism, says Reuben Guttman at Guttman Buschner.

  • A Look At Global Employee Disconnect Laws For US Counsel

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    As countries worldwide adopt employee right to disconnect laws, U.S. in-house counsel at corporations with a global workforce must develop a comprehensive understanding of the laws' legal and cultural implications, ensuring their companies can safeguard employee welfare while maintaining legal compliance, say Emma Corcoran and Ute Krudewagen at DLA Piper.

  • How DEI Programs Are Being Challenged In Court And Beyond

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    In the wake of the U.S. Supreme Court's affirmative action decision last year declaring the consideration of race in university admissions unconstitutional, employers should keep abreast of recent litigation challenging diversity, equity and inclusion training programs, as well as legislation both supporting and opposing DEI initiatives in the workplace, say attorneys at Skadden.

  • What Minority Biz Law Ruling Could Mean For Private DEI

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    A Texas federal court’s recent decision to strike down key provisions of the Minority Business Development Act illustrates the wide-reaching effects of the U.S. Supreme Court's 2023 Students for Fair Admissions v. Harvard decision across legal contexts, say attorneys at Jenner & Block.

  • Employers Beware Of NLRB Changes On Bad Faith Bargaining

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    Recent National Labor Relations Board decisions show a trend of the agency imposing harsher remedies on employers for bad faith bargaining over union contracts, a position upheld in the Ninth Circuit's recent NLRB v. Grill Concepts Services decision, says Daniel Johns at Cozen O'Connor.

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