Employment

  • February 13, 2024

    Wash. Justice Worries Religious Rights Muscle Out Others

    A Washington Supreme Court justice raised concerns Tuesday over what she termed an "elevated" protected status for religious workers because doing so can "kick some civil rights laws to the side."

  • February 13, 2024

    TEKsystems' Recruiters Win Class Cert. In Overtime Dispute

    More than 500 TEKsystems' recruiters scored class certification Tuesday in their wage case alleging that the staffing agency misclassified them as overtime-exempt administrators, after a California federal judge ruled that the misclassification question can be answered on a classwide basis via plaintiffs' evidence indicating they had the same primary job duties.

  • February 13, 2024

    SpaceX Says It Deserves Injunction In NLRB Structure Fight

    A Texas federal judge should block a National Labor Relations Board case against SpaceX from proceeding while the company challenges the constitutionality of the agency's structure in federal court, SpaceX argued in a brief docketed Tuesday, claiming it has met the criteria for a preliminary injunction.

  • February 13, 2024

    Boeing Hit With Bias Suit By Ex-Defense Division Attorney

    Boeing was hit with an employment discrimination suit in Washington state court from a former top attorney in one of the company's finance departments who alleged that she was fired because of her race after anti-Asian sentiment saw a rise during the COVID-19 pandemic.

  • February 13, 2024

    Stronger Evidence Needed In Asbestos Case, Panel Says

    A Washington man's evidence that his employer knew of the risk of getting mesothelioma from asbestos exposure at an aerospace company's plant didn't demonstrate the company had "actual knowledge" he was going to be injured, a state appellate panel has ruled.

  • February 13, 2024

    Ex-Def Jam Exec Sues Russell Simmons Alleging 1990s Rape

    A former executive at Def Jam Recordings accused the label's co-founder, Russell Simmons, in a New York federal lawsuit filed Tuesday of raping her at his Manhattan apartment in the 1990s. 

  • February 13, 2024

    NLRB's Joint Employer Rule Gets Long Look In Biz Challenge

    The National Labor Relations Board's revised joint employer test is not just "logically incoherent" but also violates federal labor law, the attorney for a U.S. Chamber of Commerce-led business coalition argued during marathon Texas federal court arguments Tuesday in a bid to block the impending shift.

  • February 13, 2024

    COVID Watchdogs Unclear On Whistleblower Rules, GAO says

    Of the three COVID-19 oversight bodies responsible for handling complaints from contractor and grantee whistleblowers, only one believes that whistleblowers are clearly protected from retaliation under the law, the U.S. Government Accountability Office said in a report Tuesday.

  • February 13, 2024

    Insurers Must Pay Pharma Co. Defense Costs In SEC Probe

    A drug development company formed by a merger is entitled to insurance payments for expenses it paid two of its former officers in connection with federal subpoenas because the insurer failed to show that an exclusion applied, a California federal judge ruled Monday.

  • February 13, 2024

    Biden Admin Drops Appeal Over Trump 'Conscience Rule'

    The Biden administration will not pursue a Ninth Circuit appeal of two lower court decisions that struck down Trump-era regulations addressing the conscientious objection rights of healthcare providers, citing new rules that moot the case.

  • February 13, 2024

    Colo.'s Bid To Keep Sick Leave Law Can't Fly, Airline Org Says

    The State of Colorado can't land arguments that its sick leave law should stay in place because it relied on "obsolete" precedent while overlooking other rulings axing similar laws, an airline trade group told a Colorado federal court.

  • February 13, 2024

    Xerox's Pay Structure Is Hour-Based, Washington Judge Rules

    The pay method Xerox and several affiliates used to compensate call center workers can only be considered an hourly structure, a Washington federal judge ruled Tuesday, rejecting the companies' "obtuse failure" to recognize several rulings on the issue.

  • February 13, 2024

    Security Guards Aim For Victory In Drawn-Out Wage Suit

    Security guards alleging their employer owes overtime pay and violated federal wage law have asked a Georgia federal court to hand them victory in the suit, claiming the company failed to respond during years of litigation.

  • February 13, 2024

    Insurance Co. Stock Fight Belongs In Del., NC Judge Rules

    A former partner in an insurance brokerage who alleges the company gave him a lowball offer to buy back his shares after he was fired should have brought his complaint in Delaware, a North Carolina Business Court judge has ruled in granting the brokerage's motion to dismiss.

  • February 13, 2024

    Wells Fargo, Ex-Exec Continue Bids To Win Bias Suit

    A Wells Fargo unit and one of its former investment directors are pushing their competing bids for summary judgment in a disability bias suit, each claiming there is evidence to support their arguments regarding why the director's termination occurred.

  • February 13, 2024

    Fluor Fights FCA's Legality In Bid To Escape Fraud Suit

    Fluor Corp. pressed the South Carolina federal court to knock out a False Claims Act suit by former military officers, arguing that the law supporting the entire case unconstitutionally vests private citizens with government powers.

  • February 13, 2024

    AI-Generated Fake Case Law Leads To Sanctions In Wage Suit

    The owner of a Missouri-based technology business that was ordered to pay an ex-employee roughly $311,000 in unpaid wages, damages and legal costs was sanctioned Tuesday by an appellate court for briefing "deficiencies," including submitting fake cases generated by artificial intelligence.

  • February 13, 2024

    Conn. Agency Loses Sanctions Bid In Worker's Noose Suit

    A Black employee of Connecticut's energy and environmental regulator who claims he found a noose in his workplace in 2018 will not face new sanctions for deleting the alleged photo evidence, a federal judge ruled Tuesday in declining to end the hostile workplace lawsuit midtrial.

  • February 13, 2024

    Cuomo Says Law Firms Won't Comply With Subpoenas

    Former New York Gov. Andrew Cuomo wants to force law firms Cleary Gottlieb Steen & Hamilton LLP and Vladeck Raskin & Clark PC to turn over information about the women whose sexual misconduct accusations forced him to resign, even as those women accuse Cuomo of "blatantly" weaponizing his taxpayer-funded attorneys to mount a "revenge" campaign through the courts.

  • February 13, 2024

    Ex-DraftKings Exec's Attys Seek $310K For Court Pingpong

    Lawyers for a former DraftKings Inc. executive who recently defected to rival Fanatics are seeking more than $310,000 in attorney fees, arguing the amount is reasonable and would cover their work for two "objectively unreasonable" removals of the case to federal court by DraftKings, behavior they called "disturbing litigation conduct."

  • February 13, 2024

    Officer Says He Was Denied Work Due To Race, Med. Pot Use

    A Connecticut police officer who was injured in training says he was wrongfully denied disability retirement and was unable to secure administrative work after injuring his neck, experiencing discrimination based on his race and ethnicity as well as his physical disability.

  • February 13, 2024

    Fired McElroy Deutsch Exec Pursues Firm Leaders' Amex Info

    A former executive at McElroy Deutsch Mulvaney & Carpenter LLP, who is accused with her husband of stealing over $3 million from the firm, doubled down on her discovery request this week for corporate credit card statements from several firm leaders, rejecting the argument that their credit card use is not comparable to hers.

  • February 13, 2024

    Staffing Co. Sues NC Nursing Home Over Unpaid Invoices

    A North Carolina nursing home has stopped paying a healthcare staffing company for nurses it provided as part of a service contract, according to a federal lawsuit outlining more than $1 million in unpaid invoices.

  • February 13, 2024

    Ex-Twitter Workers Say Severance Plan Existed In $500M Suit

    The company formerly known as Twitter had a severance plan, workers laid off in the wake of ex-CEO Elon Musk's takeover told a California federal judge, fighting Musk and X's argument that the $500 million lawsuit should be tossed because no such plan existed.

  • February 13, 2024

    Catholic Hospital's Religious Status Dooms Vaccine Bias Suit

    A Missouri federal judge granted a win to a Catholic hospital in a former nurse's lawsuit alleging she was fired because her religious beliefs barred her from getting the COVID-19 vaccine, saying it's clearly a religious employer that's immune from her claims.

Expert Analysis

  • How To Start Applying DOL's Independent Contractor Test

    Author Photo

    Last week, the U.S. Department of Labor finalized a worker classification rule that helpfully includes multiple factors that employers can leverage to systematically evaluate the economic realities of working relationships, says Elizabeth Arnold and Samantha Stelman at Berkeley Research Group.

  • 3 Areas Of Focus In Congressional Crosshairs This Year

    Author Photo

    Companies must prepare for Congress to build on its 2023 oversight priorities this year, continuing its vigorous inquiries into Chinese company-related investments, workplace safety and labor relations issues, and generative artificial intelligence, say attorneys at Morgan Lewis.

  • Vaccine Accommodation Suits Show Risk Of Blanket Policies

    Author Photo

    A recent federal class action alleging Tyson Foods inappropriately applied a one-size-fits-all response to Arkansas employees seeking religious COVID-19 vaccine exemptions, with similar suits going back to 2022, should remind employers to individually consider every worker request for a religious accommodation, say Christopher Pardo and Elizabeth Sherwood at Hunton.

  • 5 Trade Secret Developments To Follow In 2024

    Author Photo

    Recent cases and trends in trade secret law indicate that significant developments are likely this year, and practitioners should be anticipating their impact on the business and legal landscape, say attorneys at Faegre Drinker.

  • Series

    Baking Bread Makes Me A Better Lawyer

    Author Photo

    After many years practicing law, and a few years baking bread, I have learned that there are a few keys to success in both endeavors, including the assembly of a nourishing and resilient culture, and the ability to learn from failure and exercise patience, says Rick Robinson at Reed Smith.

  • Federal Courts And AI Standing Orders: Safety Or Overkill?

    Author Photo

    Several district court judges have issued standing orders regulating the use of artificial intelligence in their courts, but courts should consider following ordinary notice and comment procedures before implementing sweeping mandates that could be unnecessarily burdensome and counterproductive, say attorneys at Curtis.

  • Why CFTC Whistleblowers Are Crucial To Crypto Regulation

    Author Photo

    The U.S. Commodity Futures Trading Commission's whistleblower program has proven to be a key tool in the U.S.' efforts to police cryptocurrency, but a funding issue shows that it has become a victim of its own success, says Stephen Kohn at Kohn Kohn.

  • PAGA Turns 20: An Employer Road Map For Managing Claims

    Author Photo

    As California’s Private Attorneys General Act turns 20, the arbitrability of individual and representative claims remains relatively unsettled — but employers can potentially avoid litigation involving both types of claims by following guidance from the California Supreme Court’s Adolph v. Uber ruling, say attorneys at Mintz.

  • 7 E-Discovery Predictions For 2024 And Beyond

    Author Photo

    The legal and technical issues of e-discovery now affect virtually every lawsuit, and in the year to come, practitioners can expect practices and policies to evolve in a number of ways, from the expanded use of relevancy redactions to mandated information security provisions in protective orders, say attorneys at Littler.

  • Securities Class Actions Show No Signs of Slowing In 2024

    Author Photo

    Plaintiffs asserted securities class actions at elevated levels in 2023 — a sign that filings will remain high in the year ahead — as they switched gears to target companies that allegedly have failed to anticipate supply chain disruptions, persistent inflation, rising interest rates and other macroeconomic headwinds, say attorneys at Skadden.

  • Workplace Challenges Amid Israeli-Palestinian Conflict

    Author Photo

    Recent tension over the Israeli-Palestinian conflict has caused challenges in the employment sphere, sparking the question of whether employees can be legally disciplined for speaking out on issues related to the conflict, which depends on various circumstances, says Alok Nadig at Sanford Heisler.

  • Tips For Contractors Preparing For Potential Gov't Shutdown

    Author Photo

    With elements of the Congress’ latest continuing resolution expiring on Jan. 19, companies that may be fatigued by preparing for potential shutdown after potential shutdown should consider the current political climate and take specific steps now, say attorneys at Miller & Chevalier.

  • 5 Litigation Funding Trends To Note In 2024

    Author Photo

    Over the next year and beyond, litigation funding will continue to evolve in ways that affect attorneys and the larger litigation landscape, from the growth of a secondary market for funded claims, to rising interest rates restricting the availability of capital, says Jeffery Lula at GLS Capital.

  • 5 NLRA Changes To Make Nonunion Employers Wary In 2024

    Author Photo

    As the National Labor Relations Board continues pushing an aggressive pro-union agenda and a slate of strict workplace rules, nonunion employers should study significant labor law changes from 2023 to understand why National Labor Relations Act compliance will be so crucial to protecting themselves in the new year, say attorneys at Hunton.

  • Expect National Security Scrutiny Of Higher Ed To Continue

    Author Photo

    In 2023, the federal government significantly elevated the national security responsibilities of academic communities, so universities and research laboratories should take a more rigorous approach to research partnerships, say attorneys at Crowell & Moring.

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!