Employment

  • March 25, 2024

    Boeing Called Out For 'Circular' Logic In Love-Triangle Murder

    A Washington federal judge suggested on Monday that it would be unfair to let Being avoid liability in the early stages of a case involving a love-triangle among workers that ended in murder, calling the argument against allowing litigation to move forward "circular."

  • March 25, 2024

    Judge Finalizes Ban On Taking $540M IP Fight To China

    An Illinois federal judge granted Motorola's request to stop Hytera from pursuing a non-infringement case against it in China, saying Monday that she would also start contempt proceedings in the case.

  • March 25, 2024

    Gorsuch Irked At Having To Decide $3K Furlough Dispute

    Justice Neil Gorsuch expressed incredulity that the U.S. Supreme Court has to resolve a Pentagon employee's $3,000 dispute stemming from a furlough decision, remarking Monday on the "extraordinary" lengths the government has gone to in fighting the case.

  • March 25, 2024

    Arbitration Agreement Scrapped In NJ Doc's Sex Assault Suit

    A New Jersey appeals court on Monday undid an order compelling arbitration in a pain management physician's suit alleging a fellow doctor sexually assaulted her, finding the arbitration agreement in her employment contract ambiguous and unenforceable.

  • March 25, 2024

    Waiting For Car Security Checks Is Work, Calif. Justices Say

    Time spent by workers undergoing an employer's security check that includes an inspection of the worker's personal vehicle is compensable as hours worked, but time spent driving between the security gate and the parking lot is not, the California Supreme Court ruled Monday, answering a Ninth Circuit panel's queries.

  • March 25, 2024

    Tesla, Travelers Settle Wrongful Death Coverage Dispute

    Tesla and a Travelers unit reached an agreement in the parties' dispute over coverage of a wrongful death lawsuit involving a construction worker at a company factory in Austin, shortly after a Texas federal judge declined to strike three of the insurers' defenses.

  • March 25, 2024

    DOJ Slammed For Backing GEO Group In Detainee Wage Fight

    A group of immigrant detainees has urged the Ninth Circuit to reject the federal government's stance that a privately run detention center in Tacoma is exempt from Washington's minimum wage, saying the United States has failed to point to any conflicting federal laws.

  • March 25, 2024

    Prior Deal Bars Issues-Only Classes In NCAA Football MDL

    An Illinois federal judge has denied a bid by former NCAA football players for issue-only classes in multidistrict litigation over concussion injuries, saying a settlement from a prior MDL specifically prohibits issue-only classes.

  • March 25, 2024

    Chattanooga Volkswagen Workers To Vote On UAW In April

    Workers at a Volkswagen factory in Chattanooga, Tennessee, will take their third crack at voting on representation by the United Auto Workers next month, the National Labor Relations Board announced Monday, revealing that the election has been scheduled without company pushback.

  • March 25, 2024

    Jury Hands Mortgage Co. $73K Win In Trade Secrets Fight

    An Ohio federal jury has found that Revolution Mortgage owes just over $73,700 to competitor Equity Resources in a case where Equity accused its rival of misappropriation of trade secrets.

  • March 25, 2024

    NC High Court Vacates Workers' Comp For Weight Loss Surgery

    A divided North Carolina Supreme Court has adopted a test for determining when someone is entitled to workers' compensation for treatment related to their workplace injury and, in doing so, reversed a ruling finding a preschool must pay for an employee's weight loss surgery.

  • March 25, 2024

    Texas Challenge To HHS Adoption Discrimination Rule Tossed

    A Texas federal judge has scrapped a lawsuit challenging an Obama-era rule prohibiting recipients of adoption-related federal funding from discriminating based on gender and sexual orientation, writing that the federal government's decision not to enforce the regulation moots the case. 

  • March 25, 2024

    X Can't Boot Severance Suit To Arbitration, Ex-Worker Says

    A former employee told a Delaware federal court that X Corp. can't derail a suit alleging it owes $500 million for skimping on severance pay after Elon Musk took over and fired thousands of workers, saying X breached the pact it's trying to use to force arbitration.

  • March 25, 2024

    5th Circ. Told Procurement Act Limits Biden's Wage Power

    The Biden administration lacks authority to implement a $15-per-hour minimum wage for government contractors, three Southern states told the Fifth Circuit, because the Procurement Act only empowers the executive branch to trim federal expenditures.

  • March 25, 2024

    7th Circ. Reverses Union's $2.3M Win In Pension Dispute

    The Seventh Circuit reversed a Teamsters pension fund's $2.3 million win in a dispute over withdrawal liability against a bulk transport company, finding that a lower court properly denied the union attorney fees but erred in ruling in the union's favor on the merits of the case.

  • March 25, 2024

    DOJ Calls Probe Of Alleged SpaceX Hiring Bias Constitutional

    The U.S. Department of Justice has defended its investigation into allegations that SpaceX refused to hire asylum-seekers and refugees, telling a Texas federal judge that its authority stems from a constitutionally sound provision of federal immigration law barring workplace discrimination based on citizenship status.

  • March 25, 2024

    Spending Bill Gives $260M To DOL Wage Division

    The U.S. Department of Labor's Wage and Hour Division is expected to receive $260 million through the end of the fiscal year after President Joe Biden signed off on the latest bipartisan government funding bill.

  • March 25, 2024

    Plaintiffs' Attys Found Not Violating Soliciting Rules In OT Suit

    Current and former employees of a Pennsylvania coal company earned conditional certification and did not violate soliciting rules for a collective action accusing management of violating overtime rules by not compensating time spent attending to gear before and after shifts, a federal judge ruled.

  • March 25, 2024

    Lazard Beats Fired Indian Exec's Bias, Retaliation Suit

    Lazard Asset Management defeated a former senior vice president's suit alleging he was fired because of his Indian and Hindu background while on parental leave, with a New York federal judge ruling he failed to show that his negative performance evaluations stemmed from discrimination.

  • March 25, 2024

    Class Cert. In United Military Leave Suit Will Have To Wait

    An Illinois federal judge said he had doubts about claims that United Airlines owes pay to pilots taking military leaves, saying he'll wait for several appeals courts to decide the fate of similar suits before signing off on class certification.

  • March 25, 2024

    Radio Host's Sex Orientation Bias Claims Fall Flat At 11th Circ.

    The Eleventh Circuit rejected a former radio host's push for a second shot at pursuing his claims that he was fired because of his bisexuality, after the panel found he hadn't overcome the station's argument that he was terminated over a drunken episode at a concert.

  • March 22, 2024

    Bank Beats Whistleblower Suit Alleging CEO Spread COVID-19

    Bank Hapoalim BM and the CEO of its New York branch has beaten, for now, an ex-employee's federal sex discrimination allegations after a Manhattan federal judge found that her suit hadn't shown how she'd suffered retaliation after complaining that her boss gave dozens of employees COVID-19.

  • March 22, 2024

    Up Next At High Court: Abortion, Jury Trials And Estate Tax

    The U.S. Supreme Court will hear oral arguments this week over the U.S. Food and Drug Administration's decision expanding access to popular abortion pill mifepristone as well as whether juries should determine a defendants' eligibility for repeat offender enhanced sentencing under the Armed Career Criminal Act and how long federal employees have to appeal adverse employment decisions.

  • March 22, 2024

    Activists Press Full 5th Circ. To Nix Nasdaq Diversity Rule

    Conservative groups opposing a requirement that Nasdaq-listed companies publicly disclose board diversity data are pressing the full bench of the Fifth Circuit to declare the rule unconstitutional, arguing the U.S. Securities and Exchange Commission's involvement in the rulemaking process transforms the requirement into an unconstitutional restraint on free speech. 

  • March 22, 2024

    Fired CFO Of Conn. Gas Co. Seeks $5.6M From Sale

    The former chief financial officer of Hocon Gas Inc., a propane and heating oil company serving three Northeastern states, says he was fired for dubious reasons after demanding his share of distributions ahead of a planned sale of the company and its affiliates, in a $5.6 million lawsuit in Connecticut state court.

Expert Analysis

  • The Most-Read Legal Industry Law360 Guest Articles Of 2023

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    A range of legal industry topics drew readers' attention in Law360's Expert Analysis section this year, from associate retention strategies to ethical billing practices.

  • Lessons Learned From 2023's Top FMLA Decisions

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    This year’s most significant Family and Medical Leave Act decisions offer lessons on the act's technical requirements, including the definition of serious health condition, compliance with notice requirements and whether it is permissible to give an employee substantial extra work upon their return from leave, says Linda Dwoskin at Dechert.

  • Artificial Intelligence Is In Need Of Regulation — But How?

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    Since most of the artificial intelligence-related laws in 2023 were part of more extensive consumer privacy law, the U.S. still has a lot of work to do to build consensus on how to oversee AI, and even who should do the regulating, before moving forward on specific and reasonable guidelines as AI's capabilities grow, say Nick Toufexis and Paul Saputo at Saputo Toufexis.

  • Inside Higher Education's New FCA Liability Challenges

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    As the educational sector expands its use of government funding, schools are at increased risk under the False Claims Act, but recent settlements offer valuable lessons about new theories of liability they may face and specific procedures to reduce their exposure, say James Zelenay and Jeremy Ochsenbein at Gibson Dunn.

  • Attorneys' Busiest Times Can Be Business Opportunities

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    Attorneys who resolve to grow their revenue and client base in 2024 should be careful not to abandon their goals when they get too busy with client work, because these periods of zero bandwidth can actually be a catalyst for future growth, says Amy Drysdale at Alchemy Consulting.

  • In The World Of Legal Ethics, 10 Trends To Note From 2023

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    Lucian Pera at Adams and Reese and Trisha Rich at Holland & Knight identify the top legal ethics trends from 2023 — including issues related to hot documents, artificial intelligence and cybersecurity — that lawyers should be aware of to put their best foot forward.

  • Del. Dispatch: The 2023 Corporate Cases You Need To Know

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    Corporate and mergers and acquisitions litigation has continued at a fevered pace this year, with the Delaware courts addressing numerous novel issues with important practical implications, including officer exculpation and buyer aiding-and-abetting liability, say attorneys at Fried Frank.

  • Lessons Learned From 2023's Top ADA Decisions

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    This year saw the courts delving into the complexities of employee accommodations under the Americans with Disabilities Act in the post-pandemic workplace, going beyond bright-line rules with fact-intensive inquiries that are likely to create uncertainty for employers, says Linda Dwoskin at Dechert.

  • The Key Laws Retailers Should Pay Attention To In 2024

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    2024 promises to be another transformative year for retailers as they navigate the evolving regulatory landscape, particularly surrounding data privacy and sustainability laws, meaning companies should make it a practice to keep track of new legislation and invest in compliance efforts early on, say attorneys at Benesch.

  • Cos. Should Be On Guard After Boom In Unfair Labor Claims

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    The National Labor Relations Board's recent expansion of protected activity and imposition of case-by-case policies led to a historic boom in unfair labor practice charges in 2023, so companies should prepare for labor complaints to increase in 2024 by conducting risk assessments and implementing compliance plans, say Daniel Schudroff and Lorien Schoenstedt at Jackson Lewis.

  • 3 Developments That Will Affect Hospitality Companies In 2024

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    As the hospitality industry continues its post-pandemic recovery, it faces both challenges and opportunities to thrive in 2024, including navigating new labor rules, developing branded residential living spaces and cautiously embracing artificial intelligence, says Lauren Stewart at Sheppard Mullin.

  • What's Ahead For Immigrant Employee Rights Enforcement

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    The U.S. Department of Justice’s increased enforcement related to immigration-based employment discrimination is coupled with pending constitutional challenges to administrative tribunals, suggesting employers should leverage those headwinds when facing investigations or class action-style litigation, say attorneys at Jones Day.

  • How Attorneys Can Be More Efficient This Holiday Season

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    Attorneys should consider a few key tips to speed up their work during the holidays so they can join the festivities — from streamlining the document review process to creating similar folder structures, says Bennett Rawicki at Hilgers Graben.

  • Top 10 Whistleblowing And Retaliation Events Of 2023

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    The U.S. Securities and Exchange Commission and federal and state courts made 2023 another groundbreaking year for whistleblower litigation and retaliation developments, including the SEC’s massive whistleblower awards, which are likely to continue into 2024 and further incentivize individuals to submit tips, say attorneys at Proskauer.

  • How Int'l Student-Athlete Law Would Change The NIL Game

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    Recently proposed legislation to allow international student-athletes the opportunity to profit from their name, image and likeness without violating their F-1 nonimmigrant student visa status represents a pivotal step in NIL policy, and universities must assess and adapt their approaches to accommodate unique immigration concerns, say attorneys at Phelps Dunbar.

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