Employment

  • February 22, 2024

    Law Grad With Disabilities Wins Extra Time On Bar Exam

    A Colorado state judge has ordered the state's lawyer licensing authority to give a recent law school graduate with visual impairments and ADHD extra time to take the bar exam next week, finding the test-taker was likely to prove he needs the 50% time extension.

  • February 22, 2024

    9th Circ. OKs NLRB's Dues Stance, But Judge Decries Shifts

    A Ninth Circuit panel handed the National Labor Relations Board a pair of victories in a dispute over union dues, holding that valid dues authorization forms can be worded in a variety of ways and that employers can't suddenly stop deducting dues when a union contract expires.

  • February 22, 2024

    BNSF Says It Fired Conductor For Suspected Lies, Not Leave

    BNSF Railway Co. is urging a Washington federal court to dismiss claims that it fired a worker for using medical leave, arguing that the evidence shows the company honestly believed the worker misused leave as vacation days.

  • February 22, 2024

    UAW Tells Mich. Judge To Toss Fiduciary Duty Suit

    The United Auto Workers and one of its affiliates urged a Michigan federal judge to dismiss accusations that the union violated its fiduciary duty in connection with an individual's claim for benefits, saying federal retirement and labor laws preempt the plaintiff's allegations.

  • February 22, 2024

    Judge Irked By Arbitration Ask Years Into Au Pair Wage Case

    A Massachusetts federal judge on Thursday twice lobbed the phrase "judge shopping" at lawyers for an au pair placement agency that, four years into a proposed collective wage action by former child care workers, now want the case sent to arbitration in Switzerland.

  • February 22, 2024

    11th Circ. Backs Mayo Clinic Win In Race, Sex Bias Case

    The Eleventh Circuit on Wednesday declined to reinstate a case brought against Mayo Clinic by a Black former clinical specialty representative who alleged she was treated differently than white employees throughout her employment and later fired as a result of her race and gender.

  • February 22, 2024

    Longshore Union To Exit Bankruptcy With $20M Settlement

    A California bankruptcy judge Thursday approved the International Longshore and Warehouse Union's request to dismiss its own bankruptcy after okaying the union's settlement of a long-running legal dispute with a shipping company that had driven it into insolvency

  • February 22, 2024

    ABC Can't Beat Suit Over 'General Hospital' Antivax Firings

    A California state judge has refused to ax a religious discrimination claim against the ABC television network by crew members of "General Hospital" who unsuccessfully sought exemptions from its COVID-19 vaccine mandate, saying a jury should decide whether the plaintiffs were being honest about their religious beliefs when seeking accommodations.

  • February 22, 2024

    Google Says Worker's Poor Performance Dooms Age Bias Suit

    Google urged a Texas federal judge to grant it a pretrial win in a former sales manager's lawsuit alleging the company's push to replace older men with younger female workers cost him his job, saying the evidence shows he was cut loose for his poor performance.

  • February 22, 2024

    NJ Public Defender Gets Partial Win In Atty's Bias Case

    A New Jersey state judge on Thursday tossed several allegations against the state's Office of the Public Defender in a suit brought by a former employee alleging that she was forced to resign because of discrimination and a hostile work environment, ruling that she failed to provide the state agency with proper notice of her complaint.

  • February 22, 2024

    DraftKings Says Ex-Exec's $310K Attys Fees Bid Is Excessive

    DraftKings has told a California federal court that the "whopping" $310,000 in attorney fees requested by a former executive after the company shuffled the case back and forth between state and federal court is an unreasonable fee no "reasonable client" would pay.

  • February 22, 2024

    NY Judge Halts State Ag Law's Anti-Union Speech Restriction

    A New York federal judge paused enforcement of a section of a state agricultural labor law that would make it an unfair labor practice to discourage unionization, saying claims from a farming group that the provision violates the First Amendment have a chance of success.

  • February 22, 2024

    Ex-Mich. Judge May Lose Law License Loss Challenge

    A Michigan magistrate judge recommended the dismissal of a former judge's suit alleging the state's judicial disciplinary board defamed her by denying the reinstatement of her law license.

  • February 22, 2024

    Fla. Whistleblower Suit Deal Averts Littler's Disqualification

    Littler Mendelson PC won't have to face a disqualification bid in Florida federal court over a firm attorney's purported use of a mistakenly produced, privileged document at a deposition after its client reached a settlement in a whistleblower retaliation suit, court records show.

  • February 22, 2024

    Hearst Lands Win Over Boston Videographer's Vax Claims

    A news videographer's concerns about receiving the COVID-19 vaccine fell short of qualifying as a sincerely held religious belief, according to a Boston federal judge whose ruling Thursday dismissed the fired employee's worries as mere personal judgments "rigged out with religious verbiage."  

  • February 22, 2024

    Narcoleptic Doc Unfit For Anesthesiology, 11th Circ. Holds

    The Eleventh Circuit on Wednesday upheld a win by the Board of Regents of the University System of Georgia in a discrimination lawsuit brought by a former anesthesiology resident, finding that the resident's narcolepsy diagnosis didn't change the fact that he "could not perform the essential functions of the job and posed a risk to patient safety."

  • February 21, 2024

    Columbia, Barnard Don't Protect Jewish Students, Suit Says

    Columbia University and Barnard College have a long history of allowing antisemitism to run rampant on their campuses and most recently have failed to protect Jewish students from harassment and violence following the Hamas-led killings in Israel on Oct. 7, according to a lawsuit filed Wednesday in federal court in Manhattan.

  • February 21, 2024

    Morgan Stanley Bias Award Fight Belongs In NC, Judge Says

    A Morgan Stanley unit must challenge an arbitrator's conclusion that it discriminated against a white male former banker in North Carolina, where he last worked, a Georgia federal judge ruled, saying the arbitrator's presence in Atlanta during the virtual proceeding isn't enough to tether the case to the Peach State.

  • February 21, 2024

    ByteDance Can't Arbitrate Ex-Coder's Wrongful Firing Suit

    A California federal judge declined to send a former ByteDance Inc. engineer's wrongful termination suit to arbitration, writing in a ruling made public Tuesday that there are factual disputes over whether he signed employment agreements containing arbitration clauses, saying the matter should be resolved via a jury trial.

  • February 21, 2024

    NLRB Says Home Depot Unlawfully Restricted BLM Protest

    Home Depot violated federal law by telling a worker they could not wear a Black Lives Matter slogan on their apron and directing them to remove it, the National Labor Relations Board ruled Wednesday, saying the message was connected to earlier group complaints about racism in the workplace.

  • February 21, 2024

    3rd Circ. Finds Art Supply Co. Illegally Fired Temp. Worker

    The Third Circuit backed a National Labor Relations Board decision that found an art supply company illegally let go of a Black temporary worker who raised complaints about racism in the workplace, saying Wednesday there was enough evidence to uphold the board's conclusions.

  • February 21, 2024

    Twitter Severance Fight Paused To Facilitate Settlement Talks

    X Corp., the social media entity formerly known as Twitter, and a group of ex-employees have paused their dispute over severance compensation, as a Delaware federal court signed off Wednesday on a proposal to stay litigation deadlines pending settlement talks.

  • February 21, 2024

    Medical Test Kit Supplier Strikes Deal In EEOC's Hair Bias Suit

    The U.S. Equal Employment Opportunity Commission asked a Louisiana federal court Wednesday to sign off on a $50,000 deal with a medical testing kit supplier accusing it of unlawfully firing a Black salesperson because of her hair, arriving after the company filed for bankruptcy.

  • February 21, 2024

    PE Firm Can't Shake Ex-CEO's Retaliation Suit In NC

    A North Carolina federal judge has maintained the bulk of a former executive's suit accusing a private equity firm of duping him into accepting a top role at a defense supply unit and firing him when he refused to hide the company's financial reality from a major defense contractor client, reasoning that he satisfied pleading standards.

  • February 21, 2024

    Starbucks Pushes 4-Part NLRB Injunction Test At High Court

    Federal courts nationwide should require the National Labor Relations Board to satisfy four criteria to win injunctions in labor disputes, Starbucks told the U.S. Supreme Court on Wednesday, saying that applying certain jurisdictions' more lenient criteria grants the NLRB a "blank check" for obtaining injunctions.

Expert Analysis

  • 3 Principles For Minimizing The Risk Of A Nuclear Verdict

    Author Photo

    In one of the latest examples of so-called nuclear verdicts, a single plaintiff was awarded $2.25 billion in a jury trial against Monsanto — revealing the need for defense attorneys to prioritize trust, connection and simplicity when communicating with modern juries, say Jenny Hergenrother and Mia Falzarano at Alston & Bird.

  • Series

    Coaching High School Wrestling Makes Me A Better Lawyer

    Author Photo

    Coaching my son’s high school wrestling team has been great fun, but it’s also demonstrated how a legal career can benefit from certain experiences, such as embracing the unknown, studying the rules and engaging with new people, says Richard Davis at Maynard Nexsen.

  • SG's Office Is Case Study To Help Close Legal Gender Gap

    Author Photo

    As women continue to be underrepresented in the upper echelons of the legal profession, law firms could learn from the example set by the Office of the Solicitor General, where culture and workplace policies have helped foster greater gender equality, say attorneys at Ocean Tomo.

  • Series

    In Focus At The EEOC: Protecting Vulnerable Workers

    Author Photo

    It's meaningful that the U.S. Equal Employment Opportunity Commission's strategic enforcement plan prioritizes protecting vulnerable workers, particularly as the backlash to workplace racial equity and diversity, equity and inclusion programs continues to unfold, says Dariely Rodriguez at the Lawyers’ Committee for Civil Rights Under Law.

  • The Latest Antitrust Areas For In-House Counsel To Watch

    Author Photo

    The U.S. Department of Justice and the Federal Trade Commission's increasingly aggressive approach to antitrust enforcement means in-house counsel should closely monitor five key compliance issues, say attorneys at Squire Patton.

  • NCAA's Antitrust Litigation History Offers Clues For NIL Case

    Author Photo

    Attorneys at Perkins Coie analyze the NCAA's long history of antitrust litigation to predict how state attorney general claims against NCAA recruiting rules surrounding name, image and likeness discussions will stand up in Tennessee federal court.

  • SAG-AFTRA Contract Is A Landmark For AI And IP Interplay

    Author Photo

    SAG-AFTRA's recently ratified contract with the Alliance of Motion Picture and Television Producers introduced a framework to safeguard performers' intellectual property rights and set the stage for future discussions on how those rights interact with artificial intelligence — which should put entertainment businesses on alert for compliance, says Evynne Grover at QBE.

  • 4 Steps To Navigating Employee Dementia With Care

    Author Photo

    A recent Connecticut suit brought by an employee terminated after her managers could not reasonably accommodate her Alzheimer's-related dementia should prompt employers to plan how they can compassionately address older employees whose cognitive impairments affect their job performance, while also protecting the company from potential disability and age discrimination claims, says Robin Shea at Constangy.

  • Googling Prospective Jurors Is Usually A Fool's Errand

    Author Photo

    Though a Massachusetts federal court recently barred Google from Googling potential jurors in a patent infringement case, the company need not worry about missing evidence of bias, because internet research of jury pools usually doesn’t yield the most valuable information — voir dire and questionnaires do, says Sarah Murray at Trialcraft.

  • How Dartmouth Ruling Fits In NLRB Student-Athlete Playbook

    Author Photo

    A groundbreaking decision from a National Labor Relations Board official on Feb. 5 — finding that Dartmouth men's basketball players are employees who can unionize — marks the latest development in the board’s push to bring student-athletes within the ambit of federal labor law, and could stimulate unionization efforts in other athletic programs, say Jennifer Cluverius and Patrick Wilson at Maynard Nexsen.

  • Del.'s Tesla Pay Takedown Tells Boards What Not To Do

    Author Photo

    The Delaware Chancery Court’s ruthless dissection of the Tesla board’s extreme departures from standard corporate governance in its January opinion striking down CEO Elon Musk’s $55 billion pay package offers a blow-by-blow guide to mistakes Delaware public companies can avoid when negotiating executive compensation, say attorneys at Cleary.

  • A Look Into How Jurors Reach High Damages Awards

    Author Photo

    In the wake of several large jury awards, Richard Gabriel and Emily Shaw at Decision Analysis shed light on challenges that jurors have in deciding them, the nonevidentiary and extra-legal methods they use to do so, and new research about the themes and jury characteristics of high-damages jurors.

  • Compliance Tips For Employers Facing An Aggressive EEOC

    Author Photo

    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

    Author Photo

    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

    Author Photo

    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.

Want to publish in Law360?


Submit an idea

Have a news tip?


Contact us here
Can't find the article you're looking for? Click here to search the Employment archive.
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!