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Employment
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March 10, 2025
Car Parts Co., Ex-Worker Settle Tobacco Surcharge Suit
An Illinois-based car parts manufacturer will pay $299,000 to resolve claims that it unlawfully required tobacco users in its health plan to pay a $100 monthly fee without making clear they could avoid the charge by enrolling in a cessation program, according to federal court filings.
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March 10, 2025
Nonbinary Ex-Workers Ask To Intervene In Dropped EEOC Suit
Two nonbinary former Lush Cosmetics workers asked a California judge to let them intervene in a U.S. Equal Employment Opportunity Commission suit claiming the business let a manager sexually harass them, after the agency dropped the case following an executive order from President Donald Trump.
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March 10, 2025
Telecom Co. Says Ex-Manager Secretly Flouted Noncompete
Telecommunications company Adtran Networks North America Inc. accused a former sales director for Latin America of ignoring noncompete agreements and looking the other way as another employee set up his own directly competing business.
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March 10, 2025
High Court Turns Down Firefighter's Religious Bias Case
The U.S. Supreme Court declined Monday to hear a religious discrimination case from a Christian fire chief who said he was fired for his beliefs, leaving in place a Ninth Circuit decision that sided with the city that employed him as well as a long-standing legal framework that the justices had been asked to reconsider.
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March 10, 2025
Supreme Court Won't Review FLSA Overtime Exemption
The U.S. Supreme Court declined on Monday to consider whether an employer's line of business, rather than a worker's job duties, determines if an employee is exempt from overtime under the Fair Labor Standards Act.
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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.
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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.
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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."
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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.
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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.
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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.
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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.
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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."
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March 07, 2025
Occidental Prevails In Ex-Anadarko Worker's Severance Fight
A Texas federal judge granted an early win Friday 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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
Expert Analysis
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What To Expect From Trump's Deputy Labor Secretary Pick
President Donald Trump's nominee for deputy secretary of the U.S. Department of Labor, Keith Sonderling, has a track record of prioritizing clear guidance on both traditional and cutting-edge issues, which can provide insight into what employers can expect from his leadership, say attorneys at Littler.
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A Look At Order Ending Federal Contractor Affirmative Action
To comply with President Donald Trump's executive order revoking affirmative action requirements in the next 90 days, federal contractors should focus on identification of protected groups, responsibilities of "diversity officer" positions and annual compliance reviews, says Jeremy Burkhart at Holland & Knight.
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Parsing 3rd Circ. Ruling On Cannabis, Employee Private Suits
The Third Circuit recently upheld a decision that individuals don't have a private right of action for alleged violations of New Jersey's Cannabis Regulatory, Enforcement Assistance and Marketplace Modernization Act, but employers should stay informed as the court encouraged the state Legislature to amend the law, say attorneys at Mandelbaum Barrett.
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Opinion
Courts Should Nix Conferencing Rule In 1 Discovery Scenario
Parties are generally required to meet and confer to resolve a discovery dispute before bringing a related motion, but courts should dispense with this conferencing requirement when a party fails to specify a time by which it will complete its production, says Tristan Ellis at Shanies Law.
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Series
Documentary Filmmaking Makes Me A Better Lawyer
Becoming a documentary filmmaker has allowed me to merge my legal expertise with my passion for storytelling, and has helped me to hone negotiation, critical thinking and problem-solving skills that are important to both endeavors, says Robert Darwell at Sheppard Mullin.
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Litigation Funding Disclosure Debate: Strategy Considerations
In the ongoing debate over whether courts should require disclosure of litigation funding, funders and plaintiffs tend to argue against such mandates, but voluntarily disclosing limited details about a funding arrangement can actually confer certain benefits to plaintiffs in some scenarios, say Andrew Stulce and Marc Cavan at Longford Capital.
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Discretionary Compensation Lessons From 7th Circ. Ruling
The Seventh Circuit’s recent ruling in Das v. Tata established that contract disclaimers don't automatically bar claims under the Illinois Wage Payment and Collection Act, underscoring the limits of compensation systems that purport to grant employers unilateral discretion, say attorneys at Schoenberg Finkel.
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What's Next After Justices Clarify FLSA Evidence Standard
The U.S. Supreme Court's recent decision in EMD Sales v. Carrera makes it easier to claim employees are exempt from the Fair Labor Standards Act’s minimum wage and overtime requirements, and eliminates inconsistency and unpredictability for employers operating in multiple jurisdictions, say attorneys at Bracewell.
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The Implications Of E-Cigarette Cos. Taking Suits To 5th Circ.
The U.S. Supreme Court recently heard oral arguments in U.S. Food and Drug Administration v. R.J. Reynolds over the definition of an "adversely affected" person under the Tobacco Control Act, and the justices' ruling will have important and potentially wide-ranging implications for forum shopping claims, says Trillium Chang at Zuckerman Spaeder.
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Series
Adventure Photography Makes Me A Better Lawyer
Photographing nature everywhere from Siberia to Cuba and Iceland to Rwanda provides me with a constant reminder to refresh, refocus and rethink the legal issues that my clients face, says Richard Birmingham at Davis Wright.
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EEOC Wearable Tech Guidance Highlights Monitoring Scrutiny
The U.S. Equal Employment Opportunity Commission's recent fact sheet on wearable technologies cautions against potential issues with federal anti-discrimination laws and demonstrates growing concern from regulators and legislators about intrusive technologies in the workplace, say attorneys at Littler.
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5 Ways To Create Effective Mock Assignments For Associates
In order to effectively develop associates’ critical thinking skills, firms should design mock assignments that contain a few key ingredients, from messy fact patterns to actionable feedback, says Abdi Shayesteh at AltaClaro.
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5 Factors From Biden's Final Worker Antitrust Guidelines
The recent Federal Trade Commission and the U.S. Department of Justice's joint antitrust guidelines for business activities affecting workers cap a flurry of final announcements from the Biden administration, but it's unclear whether the agencies will maintain their support for these measures in the Trump administration, say attorneys at Simpson Thacher.
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What Public View Of CEO's Killing Means For Corporate Trials
Given the proliferation of anti-corporate sentiments following recent charges against Luigi Mangione in connection with the killing of UnitedHealthcare's CEO, attorneys who represent corporate clients and executives will need to adapt their trial strategy to account for juror anger, says Clint Townson at Townson Litigation Consulting.
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4 Employment Law Areas Set To Change Under Trump
President Donald Trump's second term is expected to bring significant changes to the U.S. employment law landscape, including the potential for updated worker classification regulations, and challenges to diversity, equity and inclusion that are already taking shape, say attorneys at Debevoise.