Employment

  • January 03, 2025

    Engineer Sues Amtrak, Milk Hauler Over Collision Injuries

    An Amtrak engineer has sued the railroad company and a dairy cooperative in Colorado federal court for their alleged negligence in a train collision with a milk truck that left him with a permanent brain injury.

  • January 03, 2025

    Calif. Captive Audience Meeting Ban Hit With Legal Challenge

    Two California business groups have filed a lawsuit challenging the state's new ban on so-called captive audience meetings, saying the statute is preempted by federal law and interferes with companies' constitutional rights to express their views on unionization.

  • January 03, 2025

    Attorney Sues Over Audit, Ouster From Title Insurer's Boards

    Title insurer CATIC mishandled an audit of a law firm, sold services that didn't fix the alleged issues and ousted the firm's namesake attorney from the boards of two affiliated companies, a Connecticut real estate attorney has alleged in a 51-count complaint.

  • January 03, 2025

    Laborers Benefit Funds Get OK For $4.7M Class Settlement

    A New York federal judge signed off on a $4.7 million settlement of a long-running dispute between a class of workers and two union benefit funds, giving final approval to a deal that ends 16 years of litigation over a transfer of money between funds in the 2000s.

  • January 03, 2025

    Physician Assistant Can't Avoid Suspension For Hiding Probe

    An Ohio appeals court has affirmed sanctions the state's medical board gave a physician assistant for not disclosing his employer's investigation into sexual misconduct allegations against him, rejecting the argument he misunderstood his obligation to report it on his license renewal application.

  • January 03, 2025

    Calif. Panel Says PAGA Suits Always Have Individual Claims

    A delivery worker's individual claims against Target's shipping partner under California's Private Attorneys General Act belong in arbitration, a state appellate panel said, disagreeing with a trial court's decision that her suit only had representative claims.

  • January 03, 2025

    Research Co. Can't Ax Affair Harassment Suit, Ex-Worker Says

    A former worker for a clinical research company asked a Georgia federal judge to deny the company's bid to toss her harassment suit claiming a co-worker made sexual comments about her father and started sleeping with him, arguing the conduct was severe enough to keep her case alive.

  • January 03, 2025

    Delivery Drivers Win Class Status In Misclassification Suit

    An Illinois federal judge greenlighted a 130-member class of truck delivery drivers who accuse a logistics company of misclassifying them as independent contractors, saying the workers are sufficiently similar even if some of them hired helpers.

  • January 02, 2025

    FTC Asks 5th Circ. To Revive Noncompete Ban

    The Federal Trade Commission told the Fifth Circuit on Thursday the agency is authorized to make rules like the one that would ban enforcement of most employee noncompetes, arguing that a Texas district court took a "cramped view" of the agency's authority to promulgate rules that define unfair competition methods.

  • January 02, 2025

    9th Circ. Revives Cos.' Suit Over Unions' SeaWorld Lobbying

    The Ninth Circuit on Thursday revived part of a hotel operator's suit accusing two unions of thwarting its efforts to develop two San Diego properties, saying the district court prematurely dismissed a claim that the unions abused their protest rights to stop a project at SeaWorld.

  • January 02, 2025

    'It Ends With Us' Director Sues NYT Over Blake Lively Story

    "It Ends With Us" director and actor Justin Baldoni has filed a $250 million defamation lawsuit accusing The New York Times of amplifying co-star Blake Lively's "unverified and self-serving narrative" that he orchestrated a public relations smear campaign in retaliation for sexual harassment complaints.

  • January 02, 2025

    Uber Can't Hold Off Seattle Driver Deactivation Law

    A Washington federal judge denied Uber's bid to temporarily bar the city of Seattle from enforcing new app-based worker account deactivation rules against it, finding the day before the challenged ordinance took effect that the company is unlikely to succeed in its claims of a First Amendment violation.

  • January 02, 2025

    9th Circ. Won't Revive Nonprofit's Union Dues Deduction Fight

    The Ninth Circuit refused to reinstate a conservative nonprofit's suit accusing Teamsters unions representing Washington state employees of committing constitutional violations by allegedly ignoring the nonprofit's mail containing dues revocation cards, concluding that refusal to accept such mail isn't a state action, and the unions aren't state actors.

  • January 02, 2025

    9th Circ. Says Religious Carveout Sinks Kosher Worker's Suit

    A religious exception shielding religious entities from certain claims applies to jobs at an Orthodox Jewish organization ensuring that food is kept kosher, the Ninth Circuit ruled, upholding the dismissal of a worker's lawsuit claiming he missed out on thousands of dollars in overtime pay.

  • January 02, 2025

    Mich. Justices OK Atty Fees As Legal Malpractice Damages

    The Michigan Supreme Court has held that clients can recover legal fees incurred as a result of an attorney's malpractice, finding that such fees are not barred by the American rule, under which parties to litigation must generally bear their own legal costs.

  • January 02, 2025

    Ex-Defender Asks 4th Circ. To Force Back Harvard Profs, Attys

    A former assistant public defender in North Carolina who lost her case accusing the judiciary of violating her equal protection and due process rights has doubled down on an attempt to reinstate her legal team of Harvard Law School professors and litigators who abruptly abandoned the case just before trial.

  • January 02, 2025

    Dartmouth Men's Basketball Players End Unionization Push

    The men's basketball players behind a union push at Dartmouth College have ended that effort amid uncertainty over whether a Republican-led labor board would uphold the landmark decision that let them vote to unionize.

  • January 02, 2025

    Ex-Trader Joe's Exec Can't Revive Sex Bias Suit At 2nd Circ.

    The Second Circuit backed the dismissal Thursday of a Trader Joe's executive's suit claiming she was fired out of sex bias, stating she failed to put forward proof that her termination resulted from discrimination rather than her decision to take a vacation during the onset of the COVID-19 pandemic.

  • January 02, 2025

    Mass. Atty Accused Of Botching Bias Case, Misleading Client

    A Massachusetts woman says a prominent Boston attorney mishandled her age and gender bias complaint, then misled her about the viability of the case for several years while convincing her to let him rent a home she owned at a discount in lieu of additional litigation costs.

  • January 01, 2025

    The Top Sports & Betting Cases To Keep An Eye On In 2025

    The name, image and likeness class action the NCAA settled in 2024 for $2.78 billion was a long time coming and packs a punch that will be felt for years to come. It overshadowed other ongoing, status quo-rocking litigation involving the NFL, NBA, MLB and more. Here, Law360 looks at the top sports and betting cases the legal world will be watching in 2025.

  • January 01, 2025

    The Hottest Topics Appellate Attys Are Tracking In 2025

    Appellate lawyers in 2025 should probably stock up on coffee and expect some all-nighters — numerous high-profile appeals, a new presidential administration and a new framework for legal challenges to regulations suggest it'll be an uncommonly tumultuous trip around the sun.

  • January 01, 2025

    Top Personal Injury, Med Mal Rulings Of 2024

    A federal appellate panel's ruling in a "blackout challenge" death suit against TikTok's owner and a U.S. Supreme Court decision over whether bump stocks can be considered machine guns under a federal agency's rule were among Law360's top personal injury and medical malpractice rulings in 2024.

  • January 01, 2025

    Federal Rules Impacted Tribes In 2024, With More To Come

    U.S. federal agencies issued a slew of final rules that impacted Indigenous communities in 2024, giving their members greater autonomy over healthcare, environmental and energy regulations and land trust decisions.

  • January 01, 2025

    Washington Cases To Watch In 2025

    Washington's highest court will take a closer look this year at a Monsanto toxic tort verdict worth $185 million, a pay disclosure requirement that's triggered a wave of lawsuits against employers, and a new state gun law, while federal regulators forge ahead in district court with landmark antitrust litigation against Amazon.

  • January 01, 2025

    Trials To Watch In 2025

    The coming year will bring the first bellwether trials in the closely watched federal baby formula mass litigation, the first courtroom battle over a COVID-19 vaccine patent and six major retailers' case against Visa and Mastercard over card swipe fees.

Expert Analysis

  • 7th Circ. Travel Time Ruling Has Far-Reaching Implications

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    In a case of first impression, the Seventh Circuit’s recent holding in Walters v. Professional Labor Group will have significant implications for employers that must now provide travel time compensation for employees on overnight assignments away from home, says Anthony Sbardellati at Akerman.

  • Pa. Ruling Highlights Challenges Of Employer Arb. Appeals

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    A Pennsylvania federal court's recent ruling in Welch Foods v. General Teamsters Local Union No. 397 demonstrates the inherent difficulties employers face when seeking relief from labor arbitration decisions through appeals in court — and underscores how employers are faced with often conflicting legal priorities, says Daniel Johns at Cozen O'Connor.

  • 7 Ways To Prepare For An I-9 Audit Or Immigration Raid

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    Because immigration enforcement is likely to surge under the upcoming Trump administration, employers should take steps to ensure their staff is trained in employment eligibility verification requirements and what to do in the event of an Immigration and Customs Enforcement I-9 audit or workplace raid, say attorneys at Littler.

  • Args In 2 High Court Cases May Foretell Clarity For Employers

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    Mary Anna Brand at Maynard Nexsen examines possible employment implications of two cases argued before the Supreme Court this fall, including a higher bar for justifying employees as overtime exempt under the Fair Labor Standards Act, and earlier grants of prevailing party status for employee-plaintiffs seeking attorney fees.

  • California Supreme Court's Year In Review

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    Attorneys at Horvitz & Levy highlight notable decisions on major questions from the California Supreme Court's last term, including voter initiatives, hostile work environment and the economic loss rule.

  • Disentangling Various Forms Of Workplace Discrimination

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    Pay inequity can be missed where it exists and misidentified due to incorrect statistics, leaving individuals to face multiple facets of discrimination connected by a common root cause, meaning correct identification and measurement is crucial, says Daniel Levy at Advanced Analytical.

  • What Lawyers Can Learn From High School AI Suit

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    A pending Massachusetts lawsuit regarding artificial intelligence use in an academic setting underscores the need for attorneys to educate themselves on AI technology and tools that affect their clients so they can advise on establishing clear expectations and limits around the permissible use of AI, say attorneys at Hinckley Allen.

  • Calif. Ruling May Shield Public Employers From Labor Claims

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    In Stone v. Alameda Health System, the California Supreme Court recently exempted a county hospital from state-mandated rest breaks and the Private Attorneys General Act, granting government employers a robust new bulwark against other labor statutes by undermining an established doctrine for determining if a law applies to public entities, say attorneys at Hunton.

  • Best Practices For Effective Employee Assistance Programs

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    Employee assistance programs can be a powerful tool for establishing health and wellness initiatives in workplaces, and certain implementation steps can help both employers and workers gain maximum benefit from EAPs, say attorneys at Foley & Lardner.

  • Series

    Flying Makes Me A Better Lawyer

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    Achieving my childhood dream of flying airplanes made me a better lawyer — and a better person — because it taught me I can conquer difficult goals when I leave my comfort zone, focus on the demands of the moment and commit to honing my skills, says Ivy Cadle at Baker Donelson.

  • NLRB One-Two Punch Curbs Employer Anti-Organizing Tools

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    The National Labor Relations Board’s recent decisions in Siren Retail and Amazon, limiting employer speech about the impact of unionization and outlawing captive audience meetings, severely curtail employers' arsenal of tools to combat an organizing campaign — though this may soon change under a new administration, say attorneys at Benesch.

  • Key Requirements In New Maryland Pay Transparency Laws

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    Although several jurisdictions now require pay transparency in job advertisements, Maryland's new law is among the broadest in the country, both in terms of what is required and the scope of its applicability, says Sarah Belger at Quarles & Brady.

  • What Trump's Next Term May Mean For Biz Immigration

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    Leonard D'Arrigo at Harris Beach discusses the employment-based immigration policies businesses can potentially expect during President-elect Donald Trump’s second term, based on policies enacted during his first administration, statements made during his campaign and proposals in Project 2025.

  • Lessons From EEOC Case Of Fla. Worker Fired After Stillbirth

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    A recent federal court settlement between a Florida resort and a fired line cook shows that the U.S. Equal Opportunity Employment Commission sees stillbirth as protected under the Pregnant Workers Fairness Act, also providing four other important lessons, says Gordon Berger at Pierson Ferdinand.

  • What Higher Education Can Expect From A 2nd Trump Admin

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    The election of Donald Trump for a second presidential term has far-reaching ramifications for colleges and universities — come January, institutions can expect a crackdown on DEI, increased scrutiny of campus protests, a rollback of the Biden administration's Title IX rules and more, say attorneys at Jenner & Block.

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