Employment

  • February 09, 2024

    DC Circ. Affirms Union Pension Fund Can Dodge Arb. Awards

    The D.C. Circuit on Friday affirmed two employers' losses in two suits brought by a pension fund for the International Association of Machinists, finding an actuary can set assumptions for a measurement date after the fact based on information that was available as of that date.

  • February 09, 2024

    Ex-Terminix Worker Asks 9th Circ. To Revive PAGA Wage Fight

    A former Terminix worker urged the Ninth Circuit on Friday to vacate an order tossing his nonindividual wage claims while sending his individual California Private Attorneys General Act claims to arbitration, arguing he has standing to bring nonindividual claims under the California Supreme Court's decision in Adolph v. Uber Technologies. 

  • February 09, 2024

    Amazon Cut Delivery Co. To Punish Complaints, Suit Says

    Amazon mischaracterized the employment of a package delivery servicer and severed the team's contract after its leader complained about alleged sexual harassment, violating Massachusetts employment law, the team leader told a state court Friday.

  • February 09, 2024

    Bloomberg Inks $8.6M Deal In OT Fight With Data Analysts

    A trio of ex-Bloomberg data analysts said Thursday that the media company has agreed to pay $8.6 million to end class and collective action allegations in New Jersey federal court accusing the data and media company of failing to pay them for overtime work.

  • February 09, 2024

    3rd Circ. Won't Revive Fired Officer's Infertility Leave Bias Suit

    The Third Circuit on Friday backed the dismissal of a juvenile probation officer's suit claiming she was fired for requesting time off to recover from an infertility-related procedure, ruling that she hadn't put forward enough proof to disqualify the state's assertion she was fired for sloppy case filings.

  • February 09, 2024

    DC Circ. Mulls NLRB Finding That Starbucks Broke Labor Law

    The D.C. Circuit seemed split Friday morning on whether Starbucks had stepped on labor law by barring a worker from passing out pro-union pins on the store floor during company time, which the manager said included paid breaks.

  • February 09, 2024

    Freight Co. Workers Fight To Keep Fingerprint Data Suit Alive

    Old Dominion Freight is only raising a timing argument to dodge claims it unlawfully scans and stores employees' fingerprints without their consent because "it is upset," a group of workers told an Illinois federal judge Friday.

  • February 09, 2024

    New York Teacher Pays $75K For Mock Slave Auction Harm

    A northern New York teacher will pay $75,000 for holding a mock slave auction of Black students in her classroom, settling a federal suit over a lesson a 10-year-old student's mother said emotionally damaged her son.

  • February 09, 2024

    Mental Health App Says Former Exec Can't Lead Rival

    Therapy app company SonderMind Inc. has filed a lawsuit in Denver state court alleging a former chief medical officer is violating a non-compete clause he signed by taking an identical role at rival company Rula Health.

  • February 09, 2024

    Lack Of Expert Won't Derail CSX Engineer's Hearing Loss Suit

    An Alabama federal court has ruled a former engineer for CSX Transportation Inc. can pursue his negligence claims against the railroad company, saying a layperson can understand how being close to a loud train horn could cause hearing loss without an expert's explanation.

  • February 09, 2024

    X Says Ex-Worker's Feelings Can't Sustain Age, Sex Bias Suit

    X Corp., formerly known as Twitter, said it shouldn't have to face a proposed class action alleging it pushed out women and older workers after Elon Musk took over, telling a California federal court that an ex-employee's subjective perception of the billionaire's policies couldn't support the case.

  • February 09, 2024

    Salesman Used AI To Transcribe Calls, Steal Secrets, Cos. Say

    Two Nebraska-based technology companies say a former Connecticut salesman used the "unauthorized" artificial intelligence program Otter to record meetings, forwarded more than 200 confidential messages to his personal email address and made off with trade secrets for accounts worth $12 million after he was fired for cause on Feb. 1.

  • February 09, 2024

    'Not Walmart': Ex-McElroy Deutsch CFO Must Face Theft Suit

    A New Jersey state judge on Friday declined to remove McElroy Deutsch Mulvaney & Carpenter LLP's former chief financial officer from a suit accusing him and his wife of stealing more than $3 million, noting that the heightened ethical duty imposed on law firms justifies keeping the claims alive. 

  • February 09, 2024

    GE Aerospace To Pay $443K To End DOL Sex Bias Probe

    GE Aerospace will pay $443,000 to resolve the U.S. Department of Labor's allegations that it discriminated against women by failing to hire qualified female applicants to fill manufacturing operations associate positions in its Rutland, Vermont, facility, the agency said Friday.

  • February 09, 2024

    NY Appeals Court OKs Court System's Vax Exemption Denial

    A New York appeals court tossed a lawsuit that challenged the state court system's denial of more than two dozen religious exemption applications related to a COVID-19 vaccination mandate, stating Thursday that the state agency's "blind review" of the application procedure was aboveboard and fair.

  • February 09, 2024

    NJ Courts Reject Liability In Ex-Judge's Harassment Suit

    The New Jersey Administrative Office of the Courts asked a state court to remove it as a defendant from a municipal court administrator's sexual harassment suit against a former municipal judge, saying the parties were not employees of the AOC.

  • February 09, 2024

    Workday Bias Case Should Stay In Calif., Md.-Based Atty Says

    A Black senior counsel at Workday urged a California federal court to keep alive his race and disability discrimination suit against the human resources services company and a deputy general counsel, saying his claims under California law are valid despite his living in Maryland.

  • February 09, 2024

    Ford Plant's Meetings Cheat Workers Out Of OT, Court Told

    Process coaches at Ford must attend pre- and post-shift meetings before they clock in and after they clock out, cheating them out of overtime pay, a former worker alleged in a proposed collective action filed in Ohio federal court.

  • February 09, 2024

    Off The Bench: NCAA NIL Rule Lives; Dartmouth Players Win

    In this week's Off The Bench, a Tennessee judge sends mixed signals to the NCAA in the fight over its NIL recruiting ban, Dartmouth's basketball players tally a win for college athletes' unionization efforts, and DraftKings tries to stop rival Fanatics from benefiting from a former executive who switched sides. If you were on the sidelines over the past week, Law360 is here to clue you in on the biggest sports and betting stories that had our readers talking.

  • February 08, 2024

    High Court Ruling Solidifies SOX Whistleblower Protections

    The U.S. Supreme Court's unanimous decision Thursday in favor of a UBS whistleblower has solidified whistleblower protections across a wide range of industries, with one attorney saying the ruling has made the Sarbanes-Oxley Act the most pro-employee labor law in the country.

  • February 08, 2024

    $490M FCA Verdict Against Medical Distributor Cut In Half

    A Minnesota federal judge on Thursday chopped a $490 million False Claims Act verdict against an ophthalmology distributor for making kickbacks to doctors in half, finding the compensatory damages to be "notably severe" and "grossly disproportional" to the offense under the Excessive Fines Clause.

  • February 08, 2024

    First Citizens Says HSBC Execs OK'd SVB Poaching Plan

    First Citizens Bank has beefed up allegations that HSBC Holdings stole confidential information and poached employees from the failed Silicon Valley Bank, filing an amended complaint Wednesday in California federal court, claiming HSBC's top executives and chief legal officer knew of the alleged poaching conspiracy.

  • February 08, 2024

    Walmart Settles With EEOC Over Fla. Worker Harassment

    Walmart has resolved a lawsuit brought by the Equal Employment Opportunity Commission, agreeing Thursday to train supervisors at a north Florida facility on how to prevent sexual harassment after an employee alleged the company mishandled her complaints about a co-worker and fired her in retaliation.

  • February 08, 2024

    Ex-CEO Can't Pursue Interference Claim Against Wyo. Biotech

    Holding that a manager of a flavoring and aromas biotech company cannot tortiously interfere with a contract between the company and its former CEO, a Connecticut state court has clipped a counterclaim from a lawsuit that Oamic Ingredients LLC is pursuing against its ex-chief executive.

  • February 08, 2024

    Ga. Judicial Watchdog Wants Probate Judge Ousted

    The long-running trial of a Georgia probate judge accused of violating the state's Code of Judicial Conduct on social media and jailing a woman seeking to amend her marriage record wrapped Thursday, with the head of the state's judicial watchdog arguing she should be removed from the bench.

Expert Analysis

  • Law Firm Strategies For Successfully Navigating 2024 Trends

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    Though law firms face the dual challenge of external and internal pressures as they enter 2024, firms willing to pivot will be able to stand out by adapting to stakeholder needs and reimagining their infrastructure, says Shireen Hilal at Maior Consultants.

  • Top 10 Employer Resolutions For 2024

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    From technological leaps to sea changes in labor policy to literal sea changes, 2024 provides opportunities for employers to face big-picture questions that will shape their business for years to come, say Allegra Lawrence-Hardy and Lisa Haldar at Lawrence & Bundy.

  • AI In Employment Law: The Top Guest Articles Of 2023

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    This year, the most popular employment law topics related to artificial intelligence in Law360's Expert Analysis section included ChatGPT, new AI legislation, and diversity, equity and inclusion.

  • The Most-Read Employment Law360 Guest Articles Of 2023

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    This year, some of the most popular employment topics in articles written for Law360's Expert Analysis section focused on workplace diversity, equity and inclusion, new unionization rules from the National Labor Relations Board, and proposed regulations for implementing the Pregnant Workers Fairness Act.

  • 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.

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