Employment

  • August 12, 2024

    Ryan LLC Gets HR Group Assist In Noncompete Fight

    The Society for Human Resource Management threw its weight behind Dallas-based tax company Ryan LLC in the company's ongoing fight to preserve noncompete agreements, saying in a Texas federal court Monday that without nationwide relief, HR professionals and companies will suffer damages "that cannot be fully calculated."

  • August 12, 2024

    Morgan Stanley Trims Black Recruiter's Bias Suit For Now

    An Illinois federal judge on Monday partially dismissed a lawsuit brought by a Black recruiter claiming Morgan Stanley's "entrenched race discrimination" caused him to get lower commissions on minority workers hired at lower wages, but allowed him to amend his complaint to include more detailed allegations.

  • August 12, 2024

    Another Christian Org. Cleared To Fight Wash. Bias Law

    The Ninth Circuit on Monday said a Christian nonprofit that wants to hire only other Christians can sue to block Washington state from enforcing its antidiscrimination law, echoing an earlier panel that found a Christian university with anti-LGBTQ+ hiring practices could contest the law. 

  • August 12, 2024

    WNBA Team Traded Star For Getting Pregnant, Suit Says

    A WNBA player and Olympic medalist was traded to a less prestigious team after announcing she was pregnant and punished after she complained to the league about how she was being treated, according to a Monday complaint in Nevada federal court.

  • August 12, 2024

    Cable Giant Hit With ADA Suit By Director After Stroke

    A director of electrical wiring and cable giant Southwire Co. has alleged in a North Carolina federal court complaint that the company added non-essential functions to his job description while he was on medical leave that have prevented him from performing his workplace duties.

  • August 12, 2024

    Proofpoint Seeks To Double $13.5M IP Trial Win At 9th Circ.

    Software company Proofpoint urged the Ninth Circuit to find the lower court erred in denying it exemplary damages that could have doubled its $13.5 million trade secret theft verdict, arguing that a jury should've decided the issue and the ruling violated Proofpoint's Seventh Amendment rights to a jury trial.

  • August 12, 2024

    Ill. To Require Employers To Notify Workers When Using AI

    Illinois employers will soon have to tell workers and applicants when they're using artificial intelligence in employment decisions and be barred from using technology that has a discriminatory impact under legislation signed by Democratic Gov. JB Pritzker.

  • August 12, 2024

    2nd Circ. Says Arbitration Ban Protects Sex Harassment Suit

    The Second Circuit said Monday that because a financial services worker said she continued to experience harassment after a law went into effect curbing mandatory arbitration for workplace sex misconduct disputes, her case can't be kicked out of court.

  • August 12, 2024

    Morgan Lewis Escapes DQ Over Dual Rep. In HSBC OT Case

    A New York federal judge on Monday refused to disqualify Morgan Lewis & Bockius LLP counsel from representing a former HSBC branch manager and key witness in an overtime class action against the bank, which the attorneys also defend, ruling the supposed conflict of interest is speculative and could be corrected if needed with informed consent.

  • August 12, 2024

    Convicted Fla. Atty Says Bogus Threat Testimony Tainted Trial

    A Florida attorney has urged the Eleventh Circuit to toss her criminal wire fraud conviction and six-year prison sentence, because she said the trial court wrongly let prosecutors "throw a loaded grenade" at her by allowing testimony about an "unsubstantiated and uncorroborated claim" that the attorney threatened a co-defendant.

  • August 12, 2024

    Ogletree Adds Ex-Polsinelli Employment Class Co-Chair

    Labor and employment firm Ogletree Deakins Nash Smoak & Stewart PC has expanded its offerings in Utah with the addition of a former leader of Polsinelli PC's employment class and collective actions practice group.

  • August 12, 2024

    Ex-Seton Hall Prez Fights Amicus Brief In Whistleblower Suit

    The former president of Seton Hall University who launched a whistleblower suit against the school in New Jersey state court is opposing a bid by a former university board chair and prominent defense attorney to file an amicus curiae brief, saying he has no "special interest" in the "contract dispute."

  • August 12, 2024

    Ex-NLRB Atty Rejoins Ballard Spahr From Miles & Stockbridge

    A former National Labor Relations Board lawyer is returning to Ballard Spahr LLP after a stint with Miles & Stockbridge PC, the firm announced Monday.

  • August 12, 2024

    Firefighter Union President Says City Retaliated Against Him

    A High Point, North Carolina, firefighter who leads his department's union said he's faced serious retaliation from higher-ups for standing up for workers' rights and is now at risk of losing his job for his advocacy work, according to a new lawsuit in North Carolina federal court.

  • August 12, 2024

    Casino Worker Says Unpaid OT Complaints Got Him Fired

    A casino operator deducted lunch periods from a worker's paychecks despite him not taking those breaks and then fired him in retaliation for complaining about his missing wages and flagging possible fraud, a complaint filed in New York federal court said.

  • August 09, 2024

    Ex-Twitter Board Member Says X Owes Him $23M From Stock

    A former member of Twitter's board of directors who helped oversee the sale of the social media company to Elon Musk in 2022 claimed X Corp. owes him more than $23 million worth of vested and unvested shares, according to a lawsuit filed in California state court.

  • August 09, 2024

    9th Circ. Wipes Out BNSF's Retaliation Win

    The Ninth Circuit on Friday overturned BNSF Railway Co.'s win in a late conductor's retaliation suit on Friday, saying the railroad failed to show it would've terminated the worker regardless of his refusal to stop conducting a brake test — even though the employer has insisted he was mainly fired for insubordination and misreporting his time card.

  • August 09, 2024

    Tesla Can't Duck Workers' PAGA Case Under Anti-SLAPP

    A California appellate court has rejected Tesla's attempt to ditch a Private Attorneys General Act case brought by former employees seeking personnel records, agreeing with a lower court that the workers' status as members of a class in a related action against Tesla doesn't entitle the electric-car maker to protection under anti-SLAPP.

  • August 09, 2024

    Lifting Of Worker Suspension​​ Upheld In Hospital-Union Fight

    A healthcare union has scored a victory against an Ohio hospital that suspended one of its attendants after he tested positive for cannabis, with a federal judge ruling that an arbitration decision upending the disciplinary action was totally valid.

  • August 09, 2024

    Judge Slams Justices For 'Eschewing' History In Trump Case

    The U.S. Supreme Court spurned historical analysis and "fundamentally" changed the presidency when it granted Donald Trump broad criminal immunity from federal charges that he interfered with the 2020 presidential election while in office, a Massachusetts federal judge wrote in a ruling Friday that ended an ex-public defender's sexual harassment lawsuit.

  • August 09, 2024

    Tesla Sued Over Gigafactory Worker's Electrocution Death

    The widow of an electrician who was fatally electrocuted this month while working at Tesla's Gigafactory in Austin, Texas, has filed a wrongful death suit in Texas state court, claiming the company negligently allowed a dangerous condition to exist at the automaker's global headquarters.

  • August 09, 2024

    Employment Authority: Sex Work Boosted By Calif. Law

    Law360 Employment Authority covers the biggest employment cases and trends. Catch up this week with coverage on how erotic dancers have gained more professional respect from a new worker classification law in California, an Eighth Circuit ruling's worker-friendly effect on a law barring arbitration of sex misconduct claims and a run-down on the progressive employment record of Vice President Kamala Harris' running mate.

  • August 09, 2024

    Visa Rule Change Forcing Priests Out Of US, Suit Claims

    A U.S. Department of State regulation unlawfully deprioritized visa availability for foreign religious workers, who as a result are being forced to leave the U.S. and abandon their congregations or overstay their visas, a new federal lawsuit claims.

  • August 09, 2024

    Texas Justices To Answer SMU Law Prof's Defamation Query

    The Texas Supreme Court on Friday agreed to answer a question posed by the Fifth Circuit regarding the interpretation of the state's human rights act in a case involving a former Southern Methodist University law professor who sued the school and several administrators after being denied tenure.

  • August 09, 2024

    DC Circ. Says Mining Cos. Can't Appeal Retiree Health Win

    Four former subsidiaries of the now-defunct coal company Consol Energy Inc. can't challenge an arbitration award that banned unilateral changes to union-represented retirees' health benefits plan, the D.C. Circuit held Friday, saying the ex-subsidiaries weren't parties to the award and aren't injured by it.

Expert Analysis

  • How Attorneys Can Reduce Bad Behavior At Deposition

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    To minimize unprofessional behavior by opposing counsel and witnesses, and take charge of the room at deposition, attorneys should lay out some key ground rules at the outset — and be sure to model good behavior themselves, says John Farrell at Fish & Richardson.

  • FLSA Conditional Certification Is Alive And Well In 4th Circ.

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    A North Carolina federal court's recent decision in Johnson v. PHP emphasized continued preference by courts in the Fourth Circuit for a two-step conditional certification process for Fair Labor Standards Act collective actions, rejecting views from other circuits and affording plaintiffs a less burdensome path, say Joshua Adams and Damón Gray at Jackson Lewis.

  • Series

    Solving Puzzles Makes Me A Better Lawyer

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    Tackling daily puzzles — like Wordle, KenKen and Connections — has bolstered my intellectual property litigation practice by helping me to exercise different mental skills, acknowledge minor but important details, and build and reinforce good habits, says Roy Wepner at Kaplan Breyer.

  • Colo. Ruling Adopts 'Actual Discharge' Test For The First Time

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    After a Colorado court’s recent decision in Potts v. Gaia Children, adopting for the first time a test for evaluating an actual discharge claim, employers must diligently document the circumstances surrounding termination of employment, and exercise particular caution when texting employees, says Michael Laszlo at Clark Hill.

  • Texas Ethics Opinion Flags Hazards Of Unauthorized Practice

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    The Texas Professional Ethics Committee's recently issued proposed opinion finding that in-house counsel providing legal services to the company's clients constitutes the unauthorized practice of law is a valuable clarification given that a UPL violation — a misdemeanor in most states — carries high stakes, say Hilary Gerzhoy and Julienne Pasichow at HWG.

  • Series

    After Chevron: Good News For Gov't Contractors In Litigation

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    The net result of the U.S. Supreme Court's decision overturning Chevron deference is that individuals, contractors and companies bringing procurement-related cases against the government will have new pathways toward success, say Joseph Berger and Andrés Vera at Thompson Hine.

  • In Memoriam: The Modern Administrative State

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    On June 28, the modern administrative state, where courts deferred to agency interpretations of ambiguous statutes, died when the U.S. Supreme Court overruled its previous decision in Chevron v. Natural Resources Defense Council — but it is survived by many cases decided under the Chevron framework, say Joseph Schaeffer and Jessica Deyoe at Babst Calland.

  • Opinion

    It's Time For Nationwide Race-Based Hair Protections

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    While 24 states have passed laws that prohibit race-based hair discrimination, this type of bias persists in workplaces and schools, so a robust federal law is necessary to ensure widespread protection, says Samone Ijoma and Erica Roberts at Sanford Heisler.

  • Series

    After Chevron: EEOC Status Quo Will Likely Continue

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    As the legal landscape adjusts to the end of Chevron deference, the U.S. Equal Employment Opportunity Commission’s rulemaking authority isn’t likely to shift as much as some other employment-related agencies, says Paige Lyle at FordHarrison.

  • How High Court Approached Time Limit On Reg Challenges

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    The U.S. Supreme Court's decision in Corner Post v. Federal Reserve Board effectively gives new entities their own personal statute of limitations to challenge rules and regulations, and Justice Brett Kavanaugh's concurrence may portend the court's view that those entities do not need to be directly regulated, say attorneys at Snell & Wilmer.

  • Series

    After Chevron: FTC's 'Unfair Competition' Actions In Jeopardy

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    While the U.S. Supreme Court's decision ending Chevron deference will have limited effect on the Federal Trade Commission's merger guidelines, administrative enforcement actions and commission decisions on appeal, it could restrict the agency's expansive take on its rulemaking authority and threaten the noncompete ban, say attorneys at Baker Botts.

  • How To Clean Up Your Generative AI-Produced Legal Drafts

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    As law firms increasingly rely on generative artificial intelligence tools to produce legal text, attorneys should be on guard for the overuse of cohesive devices in initial drafts, and consider a few editing pointers to clean up AI’s repetitive and choppy outputs, says Ivy Grey at WordRake.

  • Series

    After Chevron: Various Paths For Labor And Employment Law

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    Labor and employment law leans heavily on federal agency guidance, so the U.S. Supreme Court’s decision to toss out Chevron deference will ripple through this area, with future workplace policies possibly taking shape through strategic litigation, informal guidance, state-level regulation and more, says Alexander MacDonald at Littler.

  • Series

    Boxing Makes Me A Better Lawyer

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    Boxing has influenced my legal work by enabling me to confidently hone the skills I've learned from the sport, like the ability to remain calm under pressure, evaluate an opponent's weaknesses and recognize when to seize an important opportunity, says Kirsten Soto at Clyde & Co.

  • Opinion

    Industry Self-Regulation Will Shine Post-Chevron

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    The U.S. Supreme Court's Loper decision will shape the contours of industry self-regulation in the years to come, providing opportunities for this often-misunderstood practice, says Eric Reicin at BBB National Programs.

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