Employment

  • March 07, 2025

    As Key Hearing Looms, CFPB Emails Hint At Signs Of Life

    Recent batches of Consumer Financial Protection Bureau internal emails hint at early, fumbling efforts to bring parts of the agency back online, but whether these flickers of life will undercut an employee union's fight to keep the agency intact remains to be seen.

  • March 07, 2025

    Employment Authority: Where Trump's DEI Orders Stand

    Law360 Employment Authority covers the biggest employment cases and trends. Catch up this week with coverage on where President Donald Trump's executive orders scrambling diversity, equity, and inclusion programs stand following legal challenges; which cases are currently stalled at the National Labor Relations Board while it lacks a quorum; and how child labor enforcement may change under Trump's presidency.

  • March 07, 2025

    ByteDance Wants Sanctions For Attys After Client's Perjury

    TikTok's parent company ByteDance has urged a California court to sanction Nassiri & Jung LLP attorneys it says "enabled" a former engineer's perjury in a suit alleging he was wrongly fired, arguing that the lawyers should've prevented their client's "abuse of the justice system."

  • March 07, 2025

    Ex-Kirkland IP Atty Can't Fire Her Bias Suit Atty 'For Cause'

    A former Kirkland & Ellis LLP intellectual property associate suing the firm over bias claims cannot fire her counsel at Filippatos PLLC over professional misconduct allegations, a California federal judge ruled Thursday while allowing Filippatos to withdraw as her counsel.

  • March 07, 2025

    Contractor Can't Bury Medical Marijuana Discrimination Suit

    A Pennsylvania federal judge on Friday denied a Cleveland construction company's bid to escape a prospective employee's suit alleging that the company violated Pennsylvania's medical cannabis law when it rescinded his job offer, saying there are questions of fact about whether he would have been able to do the job.

  • March 07, 2025

    'Spiderman' Leak Cost Film Studio Tens Of Millions, DOJ Says

    A 37-year-old Tennessee man who worked at a DVD and Blu-ray manufacturing and distribution company used by major studios has been charged with stealing and selling copies of blockbuster movies before their release and with leaking "Spiderman: No Way Home" online, the U.S. Justice Department announced.

  • March 07, 2025

    Hints Of A New High Court Majority Emerge In Trump Cases

    The U.S. Supreme Court's recent rejection of President Donald Trump's bid to keep frozen nearly $2 billion in foreign aid funding gave court watchers a glimpse of a coalition majority that could end up thwarting some of the president's more aggressive and novel attempts to expand executive power.

  • March 07, 2025

    DHS Ends TSA Labor Contract As Union Vows To Fight Move

    The U.S. Department of Homeland Security announced Friday that it will no longer recognize the union that represents Transportation Security Administration officers, a move the union called retaliation for its recent federal worker advocacy and the AFL-CIO called "ripped from the pages of Project 2025."

  • March 07, 2025

    Occidental Prevails In Ex-Anadarko Worker's Severance Fight

    A Texas federal judge on Friday granted an early win to Anadarko Petroleum's severance plan and benefits committee in an ex-executive's suit alleging he was owed severance after an acquisition by Occidental Petroleum in 2019, finding the petroleum giant's decision to deny benefits wasn't an abuse of discretion.

  • March 07, 2025

    Trump Admin Pressed to Keep Ariz. Indian Affairs Office Open

    A pair of Arizona Democratic senators are calling on President Donald Trump's administration to allow a Phoenix-based Bureau of Indian Affairs office to remain open, saying it must provide clarity on how the decision to close the location was reached.

  • March 07, 2025

    Judge OKs Atlanta Strip Club's Wage Theft Settlement

    A Georgia federal judge signed off Thursday on a $119,000 deal to end a suit between an Atlanta strip club and a former server who said the club stole her wages through an allegedly unlawful tip pooling scheme.

  • March 07, 2025

    Split DC Circuit Says Distillery, Union Didn't Reach Impasse

    A divided D.C. Circuit panel greenlighted on Friday enforcement of a National Labor Relations Board decision dinging an Oregon distillery for illegally imposing a final offer without reaching an impasse in contract talks with a Teamsters affiliate, with a dissenting judge saying the union used delay tactics.

  • March 07, 2025

    Ex-Novo Nordisk Worker Can't Reopen Harassment Suit

    A former employee of Novo Nordisk can't revive her lawsuit claiming she was let go because she is a Jewish woman and had a back and hip injury, a California state appeals court ruled, finding no issue with a trial court tossing the case after she failed to oppose the move.

  • March 07, 2025

    9th Circ. Probes Ax Of Trader Joe's IP Suit Against Union

    Ninth Circuit judges on Friday questioned a federal judge's decision to toss Trader Joe's trademark suit against a union selling merchandise with the grocers' name, with one saying it was "a little bit unusual" to have a determination about the likelihood of confusion decided at the motion to dismiss stage.

  • March 07, 2025

    Trucker Overtime Carveout Is Focus Of Reintroduced Bill

    A bipartisan group of lawmakers introduced a bill that would nix a Fair Labor Standards Act carveout making certain truck drivers overtime-exempt.

  • March 07, 2025

    Morgan Lewis Scoops Up Reed Smith Employment Atty

    Morgan Lewis & Bockius has added a seasoned employment law attorney from Reed Smith to its Chicago office, bringing on a lawyer with more than two decades of experience litigating disputes ranging from benefits law to whistleblower complaints.

  • March 07, 2025

    Driver, Ex-Employer Settle After BIPA Retroactivity Ruling

    A distributor of fire sprinklers and other fire protection products has settled a lawsuit from one of its former delivery drivers who claimed the company's timekeeping violated Illinois' biometric privacy law, in the wake of the presiding judge determining that a legislative amendment limiting damages doesn't apply to the dispute.

  • March 07, 2025

    Delivery Drivers Get Trimmed OT Suit Cleared For Trial

    A New Jersey federal judge refused Friday to allow a delivery provider to escape a class action accusing it of failing to pay delivery drivers overtime wages, but determined no reasonable jury could find that a discount retailer partner was the workers' employer.

  • March 07, 2025

    Sephora Must Face Retaliation Claims Over Hiring Practices

    Sephora can't escape a Latina former store manager's claims that she was fired for refusing to prioritize white job applicants, with a Georgia federal judge ruling Friday it would be premature to trim her lawsuit ahead of discovery.

  • March 07, 2025

    Dem AGs Back NLRB In Appeal Over Board Functionality

    Nearly two dozen Democratic attorneys general have backed the National Labor Relations Board in a Sixth Circuit fight over the agency's ability to adjudicate unfair labor practice cases, saying workers' rights under labor law would be trampled if the agency is restrained from performing its duties.

  • March 07, 2025

    WWE Can't Take 'Red Pencil' To Assault Suit, Ex-Staffer Says

    A former staffer accusing World Wrestling Entertainment Inc. and two of its former executives, including former CEO Vince McMahon, of assault and sex trafficking defended her bid to add more detail to her complaint, arguing Friday that her ex-employers seek to "take a red pencil" to unflattering truths.

  • March 07, 2025

    How To Tell If A Litigation Funder Is Helping Your IP Opponent

    Knowing when a litigation funder is involved in an intellectual property case can help attorneys better understand their adversary's footing in a dispute, and while most courts don't have disclosure requirements, lawyers told Law360 there are several signs attorneys can look out for to determine whether their opponent is receiving funding from an outside party.

  • March 07, 2025

    Budtenders Say Curaleaf's Tips Policy Violates Federal Law

    A proposed class of budtenders for Curaleaf Inc.'s Maryland dispensaries are suing the company, saying it violates the Fair Labor Standards Act with its policy of paying out tips to managers.

  • March 07, 2025

    Fired MGM Worker Seeks Atty Fees After COVID Vax Trial Win

    A former MGM Grand Detroit casino worker who was fired for refusing to get a COVID-19 vaccination has asked a judge to award attorney fees and pre- and post-judgment interest on top of a Detroit jury's $133,000 verdict in his favor.

  • March 07, 2025

    Off The Bench: NASCAR Feud Grows, ACC Peace, NCAA Wins

    In this week's Off The Bench, NASCAR insists that the two teams suing it are the real antitrust bullies, the ACC keeps two valued and valuable members in the fold, and a baseball player ends his court fight to play another year in college.

Expert Analysis

  • Steps For Federal Grantees Affected By Stop-Work Orders

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    Broad changes in federal financial assistance programs are on the horizon, and organizations that may receive a stop-work order from a federal agency must prepare to be vigilant and nimble in a highly uncertain legal landscape, say attorneys at Arnold & Porter.

  • FLSA Ruling Shows Split Over Court Approval Of Settlements

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    A Kentucky federal court's recent ruling in Bazemore v. Papa John's highlights a growing trend of courts finding they are not required, or even authorized, to approve private settlements releasing Fair Labor Standards Act claims, underscoring a jurisdictional split and open questions that practitioners need to grapple with, say attorneys at Vedder Price.

  • How EEOC Enforcement Priorities May Change Under Trump

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    The U.S. Equal Employment Opportunity Commission has already been rocked by the Trump administration's dramatic changes in personnel and policy, which calls into question how the agency may shift its direction from the priorities set forth in its five-year strategic enforcement plan in 2023, say attorneys at Seyfarth.

  • 7 Tips For Associates To Thrive In Hybrid Work Environments

    Excerpt from Practical Guidance
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    As the vast majority of law firms have embraced some type of hybrid work policy, associates should consider a few strategies to get the most out of both their in-person and remote workdays, says James Argionis at Cozen O’Connor.

  • Series

    Playing Beach Volleyball Makes Me A Better Lawyer

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    My commitment to beach volleyball has become integral to my performance as an attorney, with the sport continually reminding me that teamwork, perseverance, professionalism and stress management are essential to both undertakings, says Amy Drushal at Trenam.

  • Managing Anti-Corporate Juror Views Revealed By CEO Killing

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    After the shooting of UnitedHealthcare CEO Brian Thompson laid bare deep-seated anti-corporate sentiments among the public, companies in numerous industries will have to navigate the influence of related juror biases on litigation dynamics, say Jorge Monroy and Keith Pounds at IMS Legal Strategies.

  • If Elphaba Had Signed A Restrictive Covenant In 'Wicked'

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    Following the recent big-screen release of "Wicked," employers should consider how the tale might have ended if the Wizard of Oz had made Elphaba sign a restrictive covenant agreement, which would have placed clear limitations on her ability to challenge his regime, says Emily Wajert at Sidley.

  • Contractor Liability When Directing Subcontractor Workforce

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    A recent Virginia Court of Appeals decision that rejected a subcontractor employee’s tortious interference claim should prompt prime contractors to consider how to mitigate liability risk associated with directing a subcontractor to remove its employee from a federal project, say attorneys at Venable.

  • How Law Firms Can Counteract The Loneliness Epidemic

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    The legal industry is facing an urgent epidemic of loneliness, affecting lawyer well-being, productivity, retention and profitability, and law firm leaders should take concrete steps to encourage the development of genuine workplace connections, says Michelle Gomez at Littler and Gwen Mellor Romans at Herald Talent.

  • Handbook Hot Topics: Back To Basics After Admin Change

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    Having an up-to-date employee handbook is more critical now than ever, given the recent change in administration, and employers should understand their benefits and risks, including how they can limit employers’ liability and help retain employers’ rights, say Kasey Cappellano and Meaghan Gandy at Kutak Rock.

  • 5 Keys To Building Stronger Attorney-Client Relationships

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    Attorneys are often focused on being seen as the expert, but bonding with clients and prospects by sharing a few key personal details provides the basis for a caring, trusted and profoundly deeper business relationship, says Deb Feder at Feder Development.

  • What Axed Title IX Gender Identity Rule Means For Higher Ed

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    Following a Kentucky federal court's recent decision in State of Tennessee v. Cardona to strike down a Biden-era rule that expanded the definition of Title IX to prohibit discrimination on the basis of gender identity, institutions of higher education should prepare to reimplement policies that comply with the reinstated 2020 rule, say attorneys at Venable.

  • A Path Forward For Cos. Amid Trump's Anti-DEIA Efforts

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    Given the Trump administration’s recent efforts targeting corporate diversity, equity, inclusion and accessibility programs — including threatening possible criminal prosecution — companies should carefully tailor their DEIA initiatives to comply with both the letter and the spirit of antidiscrimination law, say attorneys at Pillsbury.

  • Workforce Data Collection Considerations After DEI Order

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    Following President Donald Trump's executive order targeting diversity, equity and inclusion efforts, employers should balance the benefits of collecting demographic data with the risk of violating the order’s prohibition on "illegal DEI," say Lynn Clements at Berkshire Associates, David Cohen at DCI Consulting and Victoria Lipnic at Resolution Economics.

  • Evidence Rule May Expand Use Of Out-Of-Court Statements

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    A proposed amendment to Federal Rule of Evidence 801(d)(1)(A) would broaden the definition of nonhearsay, reflects a more pragmatic approach to regulating the admissibility of out-of-court statements by declarant-witnesses, and could help level the playing field between prosecutors and criminal defendants, say attorneys at Hangley Aronchick.

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