Employment

  • March 04, 2024

    Reporter Blasts NFL For Ignoring Discrimination Suit Claims

    The NFL's reasoning in moving to dismiss reporter Jim Trotter's discrimination and retaliation lawsuit "is way off the mark," and the motion itself "is more notable for what it ignores than what it states,'' Trotter said in a scathing opposition memorandum filed in New York federal court.

  • March 04, 2024

    3rd Circ. Says Union Courted Rebuke In NLRB Reversal

    A Third Circuit panel on Monday reversed a National Labor Relations Board ruling that a nonprofit nudged workers to rebuke their union before withdrawing recognition, with one member going on to question limits on courts' power to review board rulings.

  • March 04, 2024

    H-2A Farmworkers Seek Partial Win Ahead Of Wage Trial

    A certified class of migrant sugarcane farmworkers under the H-2A visa program asked an Arkansas federal judge to partly rule in their favor in a wage dispute set for an April jury trial, saying payroll records indicate the farm labor contractor shorted them $410,089 and that the owner should be held liable.

  • March 04, 2024

    Ohio Metal Parts Maker, Workers Seek OK Of Wage Settlement

    An Ohio-based metal parts manufacturer and a pair of workers who alleged they were stiffed for untaken breaks and time spent changing into safety gear told an Ohio federal court Monday that they had resolved their Fair Labor Standards Act dispute.

  • March 04, 2024

    JPMorgan's Arbitration Fee Delay Trims Wage Suit

    JPMorgan Chase can't push into arbitration a former branch manager's claims not related to her wage and hour ones because it failed to timely pay the arbitration fees, a California federal judge ruled.

  • March 04, 2024

    Regal Cinemas Must Face Ex-Worker's BIPA Suit

    Regal Cinemas can't ditch a lawsuit alleging the movie theater chain violated a worker's rights under Illinois' biometric privacy law by collecting fingerprint scans without informed consent, an Illinois federal judge ruled Friday, rejecting the company's argument the plaintiff needed to show it was negligent, recklessness or intentional in its data collection.

  • March 04, 2024

    Legal Marketing Co. Sues Ex-VP Over Trade Secrets Theft

    Legal case acquisition marketing company Tort Experts LLC has sued a former senior vice president of marketing in Colorado federal court for allegedly sharing screenshots of the company's internal systems, pricing and margins with competitors in violation of an employment agreement and federal law.

  • March 04, 2024

    Catching Up With Delaware's Chancery Court

    A Swedish music producer's takeover, a proposed award payable in Tesla shares, Truth Social stock squabbles, and an unusually blunt slap down from the bench added up to an especially colorful week in Delaware's famous court of equity. On top of that came new cases about alleged power struggles, board entrenchment, consumer schemes and merger disputes.

  • March 04, 2024

    Ban Lifted On Fed Courts' Admin Staff Engaging In Politics

    The administrative arm of the federal judiciary is allowing the majority of its workers to participate in political activity in their free time, responding to a 2022 D.C. Circuit ruling that prior restrictions were unconstitutional.

  • March 04, 2024

    International Labor Rights Expert Joins Kelley Drye

    A former assistant U.S. Trade representative known for his work promoting international labor rights is joining Kelley Drye & Warren LLP.

  • March 04, 2024

    Drexel Must Face Medical Prof's Sex Bias, Retaliation Suit

    Drexel University can't dodge a former medical school professor's allegations that she was fired for complaining that female faculty members were treated poorly and given fewer opportunities than men, with a Pennsylvania federal judge finding she provided enough evidence to plausibly link her complaints to her termination.

  • March 04, 2024

    Alston & Bird, DEI Staffer Could Face Contempt In OT Row

    Alston & Bird LLP and a former diversity and inclusion administrator who agreed to end unpaid overtime claims might face contempt rulings after they disregarded the court's requests to submit a settlement agreement, a Georgia federal judge said.

  • March 04, 2024

    Smoke Shop Worker Says Planet Zong Didn't Pay Full Wages

    A former worker for Arizona's Planet Zong smoke and vape shop is suing the company, saying that it misclassified him as an independent contractor when he was an employee, and didn't pay him minimum wage and overtime as required under federal law.

  • March 04, 2024

    Justices Turn Away Ex-Liberty U. Prof's Age Bias Battle

    The U.S. Supreme Court refused Monday to hear a fired Liberty University art professor's challenge to her loss in her age bias suit while simultaneously declining the school's invitation to take a fresh look at a carveout shielding religious employers from federal anti-discrimination law.

  • March 01, 2024

    Tesla Stock For Fees? Attys Who Got Musk's Pay Cut Say Yes

    The lawyers who convinced the Delaware Chancery Court to scuttle Elon Musk's proposed $55 billion Tesla compensation package on Friday filed a request for legal fees that came with a twist — they want to be paid in Tesla stock that rounds out to about $5.6 billion.

  • March 01, 2024

    Tesla Judge Sees 'Range Of Options' In Factory Race Bias Suit

    A California state judge who previously indicated she's prepared to certify a 6,000-member class of Black Tesla workers alleging the company allowed racist language and graffiti at a California factory cautioned Friday that she's still "exploring a range of options" on how to best adjudicate the case.

  • March 01, 2024

    2nd Circ. Won't Revive Ex-Barclays Exec's Whistleblower Suit

    The Second Circuit on Friday affirmed a lower court's decision to toss a whistleblower suit from a former Barclays executive, finding that he didn't sufficiently back up his allegations of retaliation under the Sarbanes-Oxley Act.

  • March 01, 2024

    Ill. Attys Sued For Defamation Can Still Assert Privilege

    An Illinois appellate panel held Friday that an exception to attorney-client privilege for criminal or fraudulent conduct does not extend to alleged defamation by attorneys, reversing a trial court that applied it to a Chicago attorney and law firm facing a defamation suit from the former senior pastor of an Illinois megachurch.

  • March 01, 2024

    Aetna Can't Escape Fertility Bias Suit From Same-Sex Couple

    A California federal judge has declined to toss a woman's case challenging Aetna's fertility treatment coverage as discriminatory, finding at this stage, she has sufficiently argued that the policy discriminates against LGBTQ couples in violation of the Affordable Care Act.

  • March 01, 2024

    Diddy Accuser Can't Continue Anonymously, NY Judge Rules

    A woman who anonymously sued Sean "Diddy" Combs must reveal her identity as she continues to litigate her claims that the rapper and his record label's longtime president trafficked and raped her when she was a teenager, a New York federal judge has ruled.

  • March 01, 2024

    Employment Authority: Leap Year Wage Compliance Tips

    Law360 Employment Authority covers the biggest employment cases and trends. Catch up this week with tips for employers on wage and hour compliance during a leap year, experts' take on a Texas state judge's ruling that a school district's policy prohibiting a Black student from wearing locs wasn't illegal, and an in-depth look at the National Labor Relations Board's decision finding Home Depot unlawfully told a worker to remove a Black Lives Matter message from their apron.

  • March 01, 2024

    DC Circ. Finds Rehab's Flyers Aren't Unlawful Surveillance

    The D.C. Circuit found Friday that a rehabilitation facility was within its rights under federal labor law to distribute flyers during a union drive, departing from the National Labor Relations Board's conclusion that the handouts were part of an illegal surveillance violation.

  • March 01, 2024

    Dartmouth Urges NLRB To Pause College Hoops Vote

    Dartmouth College urged the National Labor Relations Board to hold off on a scheduled union vote among its men's basketball players, saying an agency official grossly misapplied federal law and ignored precedent in allowing the election to proceed.

  • March 01, 2024

    White, Male Writer Says CBS Uses Illegal Diversity Quotas

    CBS Studios Inc. enacted discriminatory diversity quotas that kept white, straight men out of its writers rooms, according to a suit filed in California federal court by a freelance writer who said he was denied job opportunities on a network show due to his identity.

  • March 01, 2024

    Ex-Raytheon Worker Asks Full 5th Circ. To Revive Firing Suit

    An ex-Raytheon engineer pressed the full Fifth Circuit to reconsider a panel decision blocking claims that he was fired for reporting concerns with a naval system, saying the panel wrongly expanded a national security court review bar to government contractors.

Expert Analysis

  • Employer Pointers As Wage And Hour AI Risks Emerge

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    Following the Biden administration's executive order on artificial intelligence, employers using or considering artificial intelligence tools should carefully assess whether such use could increase their exposure to liability under federal and state wage and hour laws, and be wary of algorithmic discrimination, bias and inaccurate or incomplete reporting, say attorneys at ArentFox Schiff.

  • The Pros And Cons Of Protecting AI As Trade Secrets

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    Despite regulatory trends toward greater transparency of artificial intelligence models, federal policy acknowledges, and perhaps endorses, trade secret protection for AI information, but there are still hurdles in keeping AI information a secret, say Jennifer Maisel and Andrew Stewart at Rothwell Figg.

  • Complying With Enforcers' Ephemeral Messaging Guidance

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    Given federal antitrust enforcers’ recently issued guidance on ephemeral messaging applications, organizations must take a proactive approach to preserving short-lived communications — or risk criminal obstruction charges and civil discovery sanctions, say attorneys at Manatt.

  • Race Bias Defense Considerations After 11th Circ. Ruling

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    In Tynes v. Florida Department of Juvenile Justice, the Eleventh Circuit affirmed that the McDonnell Douglas test for employment discrimination cases is merely an evidentiary framework, so employers relying on it as a substantive standard of liability may need to rethink their litigation strategy, says Helen Jay at Phelps Dunbar.

  • How Firms Can Ensure Associate Gender Parity Lasts

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    Among associates, women now outnumber men for the first time, but progress toward gender equality at the top of the legal profession remains glacially slow, and firms must implement time-tested solutions to ensure associates’ gender parity lasts throughout their careers, say Kelly Culhane and Nicole Joseph at Culhane Meadows.

  • How Echoing Techniques Can Derail Witnesses At Deposition

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    Before depositions, defense attorneys must prepare witnesses to recognize covert echoing techniques that may be used by opposing counsel to lower their defenses and elicit sensitive information — potentially leading to nuclear settlements and verdicts, say Bill Kanasky and Steve Wood at Courtroom Sciences.

  • 6 Ways To Minimize Risk, Remain Respectful During Layoffs

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    With a recent Resume Builder survey finding that 38% of companies expect to lay off employees this year, now is a good time for employers to review several strategies that can help mitigate legal risks and maintain compassion in the reduction-in-force process, says Sahara Pynes at Fox Rothschild.

  • 7 Common Myths About Lateral Partner Moves

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    As lateral recruiting remains a key factor for law firm growth, partners considering a lateral move should be aware of a few commonly held myths — some of which contain a kernel of truth, and some of which are flat out wrong, says Dave Maurer at Major Lindsey.

  • NYC Workplace AI Regulation Has Been Largely Insignificant

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    Though a Cornell University study suggests that a New York City law intended to regulate artificial intelligence in the workplace has had an underwhelming impact, the law may still help shape the city's future AI regulation efforts, say Reid Skibell and Nathan Ades at Glenn Agre.

  • Series

    Cheering In The NFL Makes Me A Better Lawyer

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    Balancing my time between a BigLaw career and my role as an NFL cheerleader has taught me that pursuing your passions outside of work is not a distraction, but rather an opportunity to harness important skills that can positively affect how you approach work and view success in your career, says Rachel Schuster at Sheppard Mullin.

  • Args In APA Case Amplify Justices' Focus On Agency Power

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    In arguments last week in Corner Post v. Federal Reserve, the U.S. Supreme Court justices paid particular importance to the possible ripple effects of their decision, which will address when a facial challenge to long-standing federal rules under the Administrative Procedure Act first accrues and could thus unleash a flood of new lawsuits, say attorneys at Snell & Wilmer.

  • Mitigating Whistleblower Risks After High Court UBS Ruling

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    While it is always good practice for companies to periodically review whistleblower trainings, policies and procedures, the U.S. Supreme Court’s recent whistleblower-friendly ruling in Murray v. UBS Securities helps demonstrate their importance in reducing litigation risk, say attorneys at Arnold & Porter.

  • Using Arbitration And Class Waivers As Privacy Suit Tools

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    Amid a surge in data breach class actions over the last few years, several federal court decisions indicate that arbitration clauses and class action waiver provisions can be possible alternatives to public court battles and potentially reduce the costs of privacy litigation, say Mark Olthoff and Courtney Klaus at Polsinelli.

  • Future Not Looking Bright For Calif. Employee Nonsolicits

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    California's new legislation imposing potentially harsh consequences on employers for attempting to enforce noncompetes raises questions about the fate of employee nonsolicitation agreements — and both federal and state court decisions suggest the days of the latter may be numbered, say Anthony Oncidi and Philippe Lebel at Proskauer.

  • 6 Pointers For Attys To Build Trust, Credibility On Social Media

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    In an era of information overload, attorneys can use social media strategically — from making infographics to leveraging targeted advertising — to cut through the noise and establish a reputation among current and potential clients, says Marly Broudie at SocialEyes Communications.

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