Employment

  • February 28, 2025

    2nd Circ. Revives Electrical Worker's Union Pension Fight

    An electrical worker can try again to argue that two trustees of his union pension fund violated the Employee Retirement Income Security Act by paying themselves over $1 million in compensation from the fund's assets, with the Second Circuit ruling Friday that the worker has standing to sue.

  • February 28, 2025

    CVS, Catholic Nurse Settle Bias Suit Over Contraceptive Care

    CVS Health Corp. agreed to settle a former nurse's lawsuit alleging the company unlawfully tried to force her to provide contraceptive care to patients in violation of her Catholic beliefs, according to filings in Florida federal court.

  • February 28, 2025

    Presidents v. Courts: Lincoln, Trump & Judicial Power Limits

    Amid fears of President Donald Trump disobeying judges with impunity, debate has focused on famous instances of officials defying the U.S. Supreme Court. But some of the clearest insights into America's handling of White House disregard for courts exist in relatively obscure cases from the Civil War era, when unprecedented presidential actions provoked extraordinary responses from the judiciary — and underscored the limits of its powers.

  • February 28, 2025

    Steakhouse Workers Score Collective Cert. In Tips Row

    Servers and bartenders claiming that a steakhouse known for its 72-ounce steak challenge cheated them out of tips and didn't reimburse them for their uniforms can move forward as a collective, a Texas federal judge ruled, while saying the limitation period clock will start ticking later.

  • February 28, 2025

    Advocates Step Up After EEOC About-Face On Gender Identity

    Two nonprofits taking up gender identity discrimination cases that the U.S. Equal Employment Opportunity Commission is abandoning offers a preview of the role that advocacy organizations will play defending transgender workers as the Trump administration attacks their rights, experts said.

  • February 28, 2025

    Off The Bench: Trans Ban Recusal Bid, Wemby Spat, Fox Suit

    In this week's Off The Bench, a Colorado federal judge won't recuse himself from a case centering on a transgender athlete over his pronoun use, the sale of a high-profile Victor Wembanyama jersey will go forward despite feverish litigation and a sprawling harassment suit against Fox Sports is shuffled from federal to state court.

  • February 28, 2025

    7th Circ. Says It's Too Early To Mull Fired ISU Coach's Suit

    A Seventh Circuit panel says it lacks the jurisdiction to consider if a lower court rightly denied dismissal of a lawsuit brought by an ex-Illinois State University football coach who claims he was unlawfully fired for posting an "All Lives Matter" sign on his office door, because the district judge postponed a decision on the school officials' qualified immunity argument.

  • February 28, 2025

    Software Engineer Faces Prison For Sharing Info With China

    A Southern California man has pled guilty to downloading sensitive technology from a former employer and using it to market his own competing business to a company in China, according to a statement from the U.S. Department of Justice.

  • February 28, 2025

    New Jersey AG Office Tells Court It Wasn't Whistleblowers' Boss

    The New Jersey Attorney General's Office told a state judge Friday that it should be removed from a lawsuit accusing the Warren County prosecutor's office of retaliating against two detectives for their part in uncovering an alleged fraud scheme, because the attorney general was never their employer.

  • February 28, 2025

    Mich. Atty Says Ex-Firm Foiling Cases Over Retaliation Suit

    A lawyer urged a Michigan federal judge to pause matters in several state court cases as she alleged her former law firm, Olsman MacKenzie Peacock PC, is using the proceedings to retaliate against her for filing a sexual harassment and hostile workplace suit against it and another firm run by a well-known mediator.

  • February 28, 2025

    SuperValu Complains About Falsity Question In FCA Case

    Whistleblowers claiming SuperValu overcharged the government by $123 million for prescriptions can ask witnesses a single question alluding to a bitterly contested legal finding in the False Claims Act case in Illinois federal court, the grocer revealed in a motion objecting to the judge allowing that question.

  • February 28, 2025

    DA Eyes Type Of Weinstein Evidence That Sank 1st Verdict

    Manhattan prosecutors preparing to retry Harvey Weinstein want a jury to hear about alleged sexual assaults by the jailed Hollywood mogul that are not part of his indictment — the same kind of testimony that doomed his original conviction on appeal.

  • February 28, 2025

    Colo. Corrections Dept. Says No Pay Needed For On-Call Time

    A collective action accusing the Colorado Department of Corrections of failing to pay criminal investigators for time they spent on call should be thrown out, the department told a federal court, saying the workers weren't barred from doing personal activities during this time and thus aren't owed any extra wages.

  • February 28, 2025

    Adobe Hit With Age Bias Claim By Former Sales Manager

    A former Adobe sales manager was sidelined and then fired after reporting a supervisor's comments on his age to human resources, according to a lawsuit filed in Massachusetts state court.

  • February 28, 2025

    UK Litigation Roundup: Here's What You Missed In London

    This past week in London has seen the billionaire Zakay brothers, founders of Topland Group, become embroiled in a legal dispute with each other, Unilever sue three major perfume companies over alleged illegal price-fixing, and the publisher of Vogue magazine file an intellectual property suit against Cornucopia Events. Here, Law360 looks at these and other new claims in the U.K.

  • February 28, 2025

    Trump Admin's NIL Guidance Isn't Law, But Is A Title IX Threat

    When President Donald Trump's U.S. Department of Education recently rescinded late Biden-era guidance instructing that upcoming revenue distribution to college athletes should follow Title IX laws protecting equal opportunity for women, legal experts told Law360 it came as little surprise — but also carried very little legitimate legal force.

  • February 27, 2025

    States Say DOD Transgender Ban Puts Public Safety At Risk

    Twenty-one states on Wednesday threw their support behind transgender service members and human rights organizations challenging the Trump administration's executive order banning transgender people from serving in the military, arguing that it will harm their efforts to protect their communities.

  • February 27, 2025

    11th Circ. Urged To Revive Captivity Claims Against Cruise Co.

    Two former crew members who served aboard a Celebrity Cruises Inc. ship urged the Eleventh Circuit to reinstate their COVID-19 related false imprisonment and intentional infliction of emotional distress claims in a proposed class action against the company, arguing they were wrongly tossed after getting remanded to the lower court.

  • February 27, 2025

    5th Circ. Won't Revive Sheriff's Workers' Leave Policy Suit

    The Fifth Circuit declined Thursday to reinstate a lawsuit employees brought against the Harris County Sheriff's Office over a policy restricting how they can use the compensatory time off they receive in lieu of overtime wages, saying the workers cannot show they have a property interest to the accrued time.

  • February 27, 2025

    Unions Can Depose DOGE In Agency Access Suit, Judge Says

    The Department of Government Efficiency must tell a group of unions whom it's sent into the Department of Labor, the Department of Health & Human Services and the Consumer Financial Protection Bureau and what computer systems they've accessed, a D.C. federal judge ruled Thursday.

  • February 27, 2025

    DOL Watchdog Asks To Ensure Wages Are In H-2A Certs

    The office in charge of reviewing H-2A applications for foreign workers should boost its procedures to make sure the requests have the correct prevailing wage rates, the U.S. Department of Labor's agency watchdog said in an audit report publicly released Thursday.

  • February 27, 2025

    Alsup Halts 'Illegal' Firings Of Probationary Federal Workers

    U.S. District Judge William Alsup on Thursday temporarily blocked the mass firings of probationary federal employees ordered by President Donald Trump's administration, determining that the Office of Personnel Management illegally directed government agencies to terminate the probationary employees without authority to do so from Congress.

  • February 27, 2025

    Yet Another NCAA Antitrust Domino Looks To Be Teetering

    The NCAA's misadventures in federal antitrust law have prompted sweeping changes to the college sports landscape in recent years, with more potentially on the horizon as the organization wrestles over its eligibility rules for athletes transferring from junior colleges.

  • February 27, 2025

    NLRB Tells 6th Circ. Constitution Args Can't Block Board Case

    The National Labor Relations Board has asked the Sixth Circuit to deny an auto parts manufacturer's bid to pause an NLRB case on constitutional grounds, saying the company hasn't shown it would suffer the type of harm that justifies an injunction if the case moves forward.

  • February 27, 2025

    Concrete Co. Admits Safety Gaffe Linked To Worker's Death

    A Delaware-based construction industry supplier with operations in Ohio has pled guilty to willfully violating federal workplace safety regulations in connection with the 2020 death of an employee, the U.S. Attorney's Office for the Southern District of Ohio announced.

Expert Analysis

  • Lessons From United's Axed Win In Firing Over Online Pics

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    In Wawrzenski v. United Airlines, a California state appeals court revived a flight attendant’s suit over her termination for linking photos of herself in uniform to her OnlyFans account, providing a cautionary tale for employers navigating the complexities of workplace policy enforcement in the digital age, say attorneys at ArentFox Schiff.

  • 3 Factors Affecting Retail M&A Deals In 2025

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    Retailers considering mergers and acquisitions this year face an evolving antitrust environment, including a new administration under President-elect Donald Trump, revised merger guidelines and a precedent set last year by a canceled $8.5 billion handbag merger, say attorneys at DLA Piper.

  • How Trump Admin May Approach AI In The Workplace

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    Key indicators suggest that the incoming Trump administration will adopt a deregulatory approach to artificial intelligence, allowing states to fill the void, so it is critical that employers pay close attention to developing legal authority concerning AI tools, say attorneys at Littler.

  • Top 10 Legal Issues This Year For Transportation Industry GCs

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    General counsel must carefully consider numerous legal and policy challenges facing the automotive and transportation industry in the year to come, especially while navigating new technologies, regulations and global markets, says Francesco Liberatore at Squire Patton.

  • Exploring Venue Strategy For Trump-Era Regulatory Litigation

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    Litigation will likely play a prominent role in shaping policy outcomes during the second Trump administration, and stakeholders have several tools at their disposal to steer regulatory litigation toward more favorable venues, say attorneys at Covington.

  • What 2024's Noncompete Turmoil Means For Banks In 2025

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    A look back at the most significant legal challenges to the enforceability of various restrictive covenants like noncompete and nonsolicitation agreements in 2024 can help financial institutions address the use of these critical tools this year, say attorneys at Maynard Nexsen.

  • Lessons Learned From 2024's Top FMLA Decisions

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    Last year's major litigation related to the Family and Medical Leave Act underscores why it is critical for employers to understand the basics of when leave and accommodations are required, say attorneys at Dechert.

  • New Year, New Risks: 8 Top Cyber Issues For Finance In 2025

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    As financial institutions forge ahead in 2025, they must strike a delicate balance between embracing technological innovation and guarding against its darker threats, which this year could include everything from supply chain vulnerabilities to deepfakes, say attorneys at Baker Donelson.

  • Lessons Learned From 2024's Top ADA Decisions

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    Last year's major litigation related to the Americans with Disabilities Act highlights that when dealing with accommodation requests, employers must communicate clearly, appreciate context and remain flexible in addressing needs, say attorneys at Dechert.

  • Series

    Playing Esports Makes Me A Better Lawyer

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    Competing in a global esports tournament at Wimbledon last year not only fulfilled my childhood dream, but also sharpened skills that are essential to my day job, including strategic thinking, confidence and networking, says AJ Schuyler at Jackson Lewis.

  • Lessons From The SEC's 2024 Crackdown On AI Washing

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    AI washing was the subject of increased scrutiny from the U.S. Securities and Exchange Commission in 2024 following a surge in the commercial adoption of generative artificial intelligence technologies in 2023, highlighting the importance of transparency, accuracy and accountability when communicating about AI, say attorneys at Perkins Coie.

  • Identifying Deepfakes During Evidence Collection, Discovery

    Excerpt from Practical Guidance
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    Attorneys must familiarize themselves with the tools used to create and detect deepfakes — media manipulated by artificial intelligence to convincingly mimic real people and events — as well as best practices for keeping this fabricated evidence out of court, says Bijan Ghom at Saxton & Stump.

  • An Associate's Guide To Career Development In 2025

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    As the new year begins, associates at all levels should consider establishing career metrics, fostering key relationships and employing other specific strategies to help move through the complexities of the legal profession with confidence and emerge as trailblazers, say EJ Stern and Amanda George at Fractional Law Firm.

  • 5 Proactive Immigration Best Practices For Employers In 2025

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    Businesses that depend on foreign talent should take specific steps in anticipation of changes to federal immigration policies that could affect the H-1B visa and other programs, and likely require changes in organizational operations and compliance strategy, says Dustin O'Quinn at Ballard Spahr.

  • Top 10 Employer Resolutions For 2025

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    While companies must monitor for policy shifts under the new administration in 2025, it will also be a year to play it safe and remember the basics, such as the importance of documenting retention policies and conducting swift investigations into workplace complaints, say attorneys at Krevolin Horst.

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