Employment

  • April 02, 2024

    ZeniMax Escapes Trans Ex-Worker's Coverage Denial Suit

    A Maryland federal judge granted video game developer ZeniMax's bid to toss a transgender ex-employee's suit claiming the business didn't uphold promises it would continue her health coverage after she left the company because of harassment, saying she didn't show that federal benefits laws were violated.

  • April 02, 2024

    Truckers Reach $2.5M Deal On Sleeper Berth Claim

    A transportation company and its subsidiary said they won't challenge a First Circuit ruling that time long-haul truckers spend in sleeper berths is compensable, agreeing to shell out a $2.5 million judgment on top of an already approved $12.5 million deal.

  • April 02, 2024

    4 Mass. Rulings You May Have Missed In March

    A former Harvard Business School professor who was denied tenure after his angry emails to a restaurant went viral was among the winners from a slate of recent Massachusetts state court decisions, which also addressed claims about "forever chemicals" in firefighting gear and a popular gym shut down during the pandemic.

  • April 02, 2024

    BigLaw Recruiter's Bid To Ditch $6M Ruling Fails At 5th Circ.

    A BigLaw recruiter is on the hook for more than $6 million for stealing trade secrets and breaking a noncompete agreement with his former employer after the Fifth Circuit ruled client details taken by the recruiter were confidential information.

  • April 02, 2024

    Palestinian Worker Says Gaza Sympathies Got Her Fired

    A consulting company unlawfully fired a Muslim Palestinian worker after she criticized an email from the CEO that expressed support for Israel and ignored the climbing death toll in Gaza, the worker told a Washington federal court.

  • April 02, 2024

    $40M Union Pension Dispute To Head Back To Arbitrator

    A Michigan federal judge stood firm on his decision to send a roughly $40 million dispute between a demolition company and a union pension fund back to an arbitrator, rejecting the company's bid for him to reconsider his opinion.

  • April 02, 2024

    Calif. Bill Would Provide After-Hours 'Right To Disconnect'

    A California state lawmaker has introduced a first-of-its-kind bill that would give workers the right to ignore emails, text messages and phone calls from their employers after they clock out.

  • April 02, 2024

    Fanatics Exec To Take Stand In DraftKings Noncompete Suit

    A Boston federal judge said Tuesday she expects a former DraftKings executive to testify later this month in a hearing to sort out competing narratives and allegations of corporate espionage related to his abrupt departure to work for rival sportsbook Fanatics.

  • April 02, 2024

    Major Lindsey Accused Of Targeting Atty Who Sued Troutman

    Legal recruiter Major Lindsey & Africa was hit with a lawsuit on Tuesday claiming it internally "blackballed" a midlevel associate who sued Troutman Pepper for racial discrimination, thereby putting the lie to Major Lindsey's "claims to champion diversity" and making the firm an "accomplice" to "systemic race discrimination" in the legal industry.

  • April 02, 2024

    Littler Adds Jackson Lewis Employment Pro In San Diego

    Littler Mendelson PC has added a shareholder in its San Diego office from Jackson Lewis PC, bringing on an attorney who has more than a decade of experience representing employers in both state and federal matters.

  • April 02, 2024

    X Can't Dodge Suit Alleging Musk Pushed Out Women

    X Corp. must face a proposed class action claiming Elon Musk implemented policies meant to push out women when he took over the social network formerly known as Twitter, a California federal judge ruled, finding the ex-worker leading the suit provided enough details to move the suit forward.

  • April 02, 2024

    Arizona Cardinals Must Pay $3M For Defaming Former Exec

    The Arizona Cardinals have been ordered to pay nearly $3 million for defaming a former vice president while dismissing him from the team, with a league-appointed arbitrator faulting the team for falsely suggesting the executive committed domestic violence.

  • April 02, 2024

    Amazon Trims, But Can't End Ex-Worker's Disability Bias Suit

    A California federal judge partially denied Amazon's bid to escape a former worker's suit alleging he was pushed out because of a knee injury stemming from his military service, but threw out claims stemming from bias based on his veteran status, race and age.

  • April 02, 2024

    Emirates Can't Sink COVID-19 Severance Suit

    A New York federal judge refused to toss a proposed class action alleging the airline Emirates withheld severance from American workers after they were furloughed and then let go during the COVID-19 pandemic, ruling the employees showed they may have been owed extra money.

  • April 02, 2024

    Philly Uber Class Action Atty Heads To Lichten & Liss-Riordan

    One of the attorneys representing a proposed class of Philadelphia Uber drivers in their wage suit against the company left the Steel City's Pietragallo Gordon Alfano Bosick & Raspanti LLP for the new New Jersey office of Lichten & Liss-Riordan PC, his co-counsel in the ride-hailing case.

  • April 02, 2024

    Investment Adviser Wants Stolen Clients Suit Trimmed

    An investment adviser and her new firm told a Florida court on Monday that the parent holding company of her former employer Mercer Global Advisors does not have standing to pursue its claims that she stole its clients and interfered with its business.

  • April 01, 2024

    Ga. Judicial Watchdog Wants Probate Judge Off The Bench

    A three-member panel of Georgia's Judicial Qualifications Commission has recommended a Douglas County probate judge be removed from the bench following accusations that she violated the state's Code of Judicial Conduct on social media and jailed a woman seeking to amend her marriage record.

  • April 01, 2024

    Musk's X Corp. Helps Ex-Block Worker Fired Over Posts Sue

    A former employee at Block Inc., which was founded by Twitter co-founder Jack Dorsey, alleges the company fired her in retaliation for two posts she made on X, formerly known as Twitter, according to a suit filed in Missouri state court with financial backing from Elon Musk's X Corp.

  • April 01, 2024

    Fla. Judge Refuses To Pause Wage Rule For H-2A Workers

    A Florida federal judge on Friday adopted a magistrate judge's recommendation to uphold a U.S. Department of Labor rule raising the wages of H-2A agricultural workers, rejecting objections from farm groups that the report was overly deferential to the government's arguments.

  • April 01, 2024

    Milliman Lost 401(k) Funds On Unproven Strategy, Judge Told

    Milliman's risky investments cost its employees' retirement plan more than $50 million and were part of a failed "experiment" to benefit its own bottom line, a class of employees told a Washington federal judge on Monday, kicking off a bench trial seeking to recover their losses.

  • April 01, 2024

    Catching Up With Delaware's Chancery Court

    Last week, Delaware's Court of Chancery saw a $42.5 million settlement, dismissal of two big suits with two more remanded back, and new cases from shareholders of Walt Disney, Donald Trump's Truth Social, Rivian Automotive and BarkBox.

  • April 01, 2024

    Judge Won't Ice EEOC's Race Bias Suit Against Tesla

    Tesla can't put off or dodge a U.S. Equal Employment Opportunity Commission lawsuit alleging the carmaker allowed rampant racism to overtake a California factory, a federal judge has ruled, saying parallel state court cases can't resolve the agency's claims.

  • April 01, 2024

    Bankrupt Coal Co.'s Affiliates Beat $6.5B Union Pension Suit

    A bankrupt coal company's affiliates have dodged claims that they owe $6.5 billion to a union pension plan, with a Washington, D.C., federal judge holding that the plan's trustees lacked standing to sue under the Employee Retirement Income Security Act because one trustee wasn't properly appointed.

  • April 01, 2024

    9th Circ. Revives Janitor's Representative Wage Claims

    The Ninth Circuit reversed a district court's order that dismissed representative claims against janitorial franchiser Coverall North America Inc. under California's Private Attorneys General Act, saying a change in legal precedent allows nonindividual claims to stay in court while individual claims undergo arbitration.

  • April 01, 2024

    Ex-Pharma Co. Exec Denies Signing Noncompete Deal

    The former director of government sales for a pharmaceutical company asked the North Carolina Business Court on Friday to knock out a breach of contract claim in a lawsuit that alleges he took trade secrets to a competitor, arguing the company has no valid noncompete agreement to back it up.

Expert Analysis

  • Compliance Tips For Employers Facing An Aggressive EEOC

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    This year, the combination of an aggressive U.S. Equal Employment Opportunity Commission, a renewed focus on large-scale recruiting and hiring claims, and the injection of the complicated landscape of AI in the workplace means employers should be prepared to defend, among other things, their use of technology during the hiring process, say attorneys at Seyfarth Shaw.

  • Preparing For A New Wave Of Litigation Under Silicosis Rules

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    After the Division of Occupational Safety and Health of California issued an emergency temporary standard to combat noncompliance with assessments of workers' exposure to particles of crystalline silica, companies that manufacture, distribute or sell silica-containing products will need aggressive case-specific discovery to navigate a new wave of litigation, say attorneys at Dechert.

  • Employer Trial Tips For Fighting Worker PPE Pay Claims

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    Courts have struggled for decades to reach consensus on whether employees must be paid for time spent donning and doffing personal protective equipment, but this convoluted legal history points to practical trial strategies to help employers defeat these Fair Labor Standards Act claims, say Michael Mueller and Evangeline Paschal at Hunton.

  • Managing Competing Priorities In Witness Preparation

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    There’s often a divide between what attorneys and witnesses want out of the deposition process, but litigation teams can use several strategies to resolve this tension and help witnesses be more comfortable with the difficult conditions of testifying, say Ava Hernández and Steve Wood at Courtroom Sciences.

  • Reimagining Law Firm Culture To Break The Cycle Of Burnout

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    While attorney burnout remains a perennial issue in the legal profession, shifting post-pandemic expectations mean that law firms must adapt their office cultures to retain talent, say Kevin Henderson and Eric Pacifici at SMB Law Group.

  • Assessing Merger Guideline Feedback With Machine Learning

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    Large language modeling appears to show that public sentiment matches agency intent around the new merger control guidelines from the Federal Trade Commission and U.S. Justice Department, says Andrew Sfekas at Cornerstone Research.

  • Understanding And Working With The Millennials On Your Jury

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    Every trial attorney will be facing a greater proportion of millennials on their jury, as they now comprise the largest generation in the U.S., and winning them over requires an understanding of their views on politics, corporations and damages, says Clint Townson at Townson Litigation Consulting.

  • Grant Compliance Takeaways From Ga. Tech's FCA Settlement

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    Georgia Tech’s recent False Claims Act settlement over its failure to detect compliance shortcomings in a grant program was unique in that it involved a voluntary repayment of funds prior to the resolution, offering a few key lessons for universities receiving research funding from the government, says Jonathan Porter at Husch Blackwell.

  • Series

    Competing In Dressage Makes Me A Better Lawyer

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    My lifelong participation in the sport of dressage — often called ballet on horses — has proven that several skills developed through training and competition are transferable to legal work, especially the ability to harness focus, persistence and versatility when negotiating a deal, says Stephanie Coco at V&E.

  • Deferral Pointers For Employers After $700M Ohtani Deal

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    Darren Goodman and Christine Osvald-Mruz at Lowenstein Sandler examine the legal consequences of Shohei Ohtani's $700 million, 10-year contract with the Los Angeles Dodgers — a high-profile example of nonqualified deferred compensation — and offer lessons for employers of all sizes interested in similar deals.

  • Employer Lessons From Nixed Calif. Arbitration Agreement

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    A California state appeals court’s recent decision to throw out an otherwise valid arbitration agreement, where an employee claimed a confusing electronic signature system led her to agree to unfair terms, should alert employers to scrutinize any waivers or signing procedures that may appear to unconscionably favor the company, say Guillermo Tello and Monique Eginli at Clark Hill.

  • EEO-1 Ruling May Affect Other Gov't Agency Disclosures

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    By tightly construing a rarely litigated but frequently asserted term, a California federal court’s ruling that the Freedom of Information Act does not exempt reports to the U.S. Department of Labor on workplace demographics could expand the range of government contractor information susceptible to public disclosure, says John Zabriskie at Foley & Lardner.

  • Musk Pay Package Ruling Offers Detailed Lesson On Del. Law

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    Anat Alon-Beck and John Livingstone at Case Western Reserve University discuss the specifics that led Delaware's chancellor to rescind Elon Musk's $55.8 billion Tesla pay package on Jan. 30, how the state’s entire fairness doctrine played into the ruling, and its bigger-picture impact on the executive compensation landscape.

  • What's At Stake In High Court NLRB Injunction Case

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    William Baker at Wigdor examines the U.S. Supreme Court's recent decision to hear Starbucks v. McKinney — where it will consider a long-standing circuit split over the standard for evaluating National Labor Relations Board injunction bids — and explains why the justices’ eventual decision, either way, is unlikely to be a significant blow to labor.

  • The Legal Industry Needs A Cybersecurity Paradigm Shift

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    As law firms face ever-increasing risks of cyberattacks and ransomware incidents, the legal industry must implement robust cybersecurity measures and privacy-centric practices to preserve attorney-client privilege, safeguard client trust and uphold the profession’s integrity, says Ryan Paterson at Unplugged.

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