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Employment
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March 31, 2025
South Dakota Moves To Halt NCAA NIL Settlement Rollout
South Dakota asked a state court on Monday to stop the NCAA from putting in place a $2.78 billion settlement with athletes in their class action over name, image and likeness compensation, one week before a scheduled hearing for final approval in California federal court.
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March 31, 2025
USPTO Cuts Not A Source Of Savings For Trump, Attys Say
As the Trump administration focuses on shrinking the federal government and reducing agency headcount, the U.S. Patent and Trademark Office should be spared from layoffs and other disruptions because it's fully funded by user fees, attorneys told Law360.
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March 31, 2025
Ex-MSPB Member Asks Full DC Circ. To Hear Firing Case
Former Merit Systems Protection Board member Cathy Harris asked the full D.C. Circuit on Monday to hear a case challenging President Donald Trump's decision to fire her and a National Labor Relations Board member, saying the court's "authoritative announcement" would calm uncertainty surrounding the status of independent agencies.
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March 31, 2025
10th Circ. Hands Server New Trial In Sexual Harassment Case
The Tenth Circuit granted a former server a new trial Monday on her sexual harassment and retaliation claims against a golf club restaurant, citing "puzzling" jury findings that cleared the restaurant of wrongdoing but awarded the server $125,000 in damages.
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March 31, 2025
Conn. High Court Urged To Expand Amazon Wage Questions
Amazon workers asked Connecticut's top court to expand two questions certified from the Second Circuit over whether post-shift anti-theft screenings should have been compensated, saying the time workers spent walking to screening areas is also part of the issue.
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March 31, 2025
Insurer Denies Coverage For Crushing Death, Alleging Lies
A wood company's insurer said it owed nothing in connection with the crushing death of a recycling company worker who was killed by equipment rented from the wood seller, telling a California federal court that its insured misrepresented itself when claiming it didn't lease equipment on its coverage application.
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March 31, 2025
Judge Says Ga. School's Bias Defenses 'Odd' And 'Odder'
A Georgia chiropractic school must face a former groundskeeper's claims that he was fired on bogus grounds because he reported his boss for helping his girlfriend steal company time, after a federal judge dinged the school Monday for the "weakness" of its defenses and suggested it may have falsified records to justify the worker's ouster.
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March 31, 2025
EMS Workers Get Nothing In Wage Suit Against NC County
A North Carolina county violated the Fair Labor Standards Act by underpaying emergency medical services workers during certain pay periods, but the workers are not entitled to any extra money because they were overpaid at other times, a federal judge determined Monday.
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March 31, 2025
Workplace Misconduct Infrequent In Fed. Courts, Survey Says
The vast majority of federal judiciary employees say they have not experienced discrimination, harassment or abuse at work, but many of those workers are still reluctant to report misconduct when they do experience it, according to a report issued Monday.
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March 31, 2025
Justices Probe Wis. Denial Of Exemption To Catholic Charities
Justices of the U.S. Supreme Court seemed deeply skeptical Monday that Wisconsin was on firm constitutional grounds in denying an unemployment tax exemption to a group of Catholic charities because, as the state claimed, they were not operated primarily for religious purposes.
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March 31, 2025
DOJ Seeking Steep Costs To Make Challengers Think Twice
The U.S. Department of Justice is quickly implementing President Donald Trump's plan to seek huge sums of money from litigants whose cases impede his agenda but ultimately prove unsuccessful, court records show.
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March 31, 2025
Paramount Escapes 'Dexter' COVID Safety Worker's Bias Suit
A New York federal judge threw out a COVID-19 safety worker's suit accusing Paramount Global of undermining and firing her because she's an older woman, saying she failed to rebut the "Dexter" producer's argument that she was fired because she was "toxic" and a poor performer.
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March 31, 2025
Judge Won't Let Wells Fargo Duck Bulk Of $22M ADA Verdict
A North Carolina federal judge on Monday mostly kept intact a $22.1 million Americans with Disabilities Act verdict against Wells Fargo, though he did agree to lower the jury's punitive damages, which he said exceeded the statutory cap.
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March 31, 2025
Ex-Workday Atty's Bias Claims Axed, Stock Dispute Kept Alive
A California federal judge tossed a Black ex-Workday attorney's claims that he endured race and disability bias that culminated in the software vendor sending police to his house to conduct an unnecessary wellness check, but the judge allowed the attorney pursue claims that he was shorted on stock options.
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March 31, 2025
Amazon's Bid To Kick Drivers From Pay Suit Mostly Denied
A Washington federal judge agreed to oust only two of the 11 workers Amazon asked to dismiss from an 8-year-old suit accusing the company of misclassifying drivers as independent contractors, saying the other nine made enough effort to comply with discovery.
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March 29, 2025
Up Next At High Court: Terror Liability, Health Provider Choice
The U.S. Supreme Court will return to the bench this week to consider whether a federal law subjecting Palestinian government organizations to federal jurisdiction violates due process principles and if the Medicaid Act's provider choice provision allows individual benefit recipients to sue states over the disqualification of healthcare providers.
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March 28, 2025
Ga. Housing Authority, Former Worker End Retaliation Claims
Both parties asked a Georgia federal court Friday to toss a former executive director's claims that she was fired by the Housing Authority of Fulton County, Georgia, after reporting her experiences of sexual harassment, saying they had reached a settlement.
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March 28, 2025
FCC Chief Orders Probe Into Disney, ABC DEI Practices
The Federal Communications Commission's leader ordered on Friday a probe into Walt Disney Co. and its ABC network over their efforts to be diverse and inclusive, following similar FCC investigations into Comcast and NBCUniversal.
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March 28, 2025
Employment Authority: Bypassing A Battered NLRB
Law360 Employment Authority covers the biggest employment cases and trends. Catch up this week with coverage on how unions and employers are drafting contractual mechanisms to sidestep the National Labor Relations Board amid stalled cases and a leadership crisis, why federal agencies are advising employers that affinity groups could be legally risky, and why one lawyer is warning that unpaid wages litigation may rise under Trump administration changes.
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March 28, 2025
States Urge Justices To Skip Teacher Grants Case
California, New York and six other states told the U.S. Supreme Court on Friday it doesn't need to weigh in on the validity of a Massachusetts federal judge's order reinstating $250 million in teacher training grants the Trump administration targeted for cuts, noting the dispute will soon be moot.
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March 28, 2025
Plan Administrator Wins Electric Co.'s Union Healthcare Fight
An electric company can't use the Employee Retirement Income Security Act to claw back contributions to a union healthcare plan that weren't put toward benefits, a New York federal judge said Friday, tossing the company's suit against the plan's administrator.
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March 28, 2025
Wash. Uber Driver Fails To Upend Arbitration Over Termination
A Washington federal judge has thrown out an ex-Uber driver's case seeking to block the ride-hailing company from forcing him to settle his wrongful termination dispute in arbitration, despite the plaintiff's argument that a 2024 U.S. Supreme Court ruling upended the company's case for arbitration.
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March 28, 2025
DOD Seeks To Void Union Deals Over Efficiency Concerns
The U.S. Department of Defense and other agencies asked a Texas federal judge to bless President Donald Trump's move to end collective bargaining with their workers, saying in a new suit that their union deals are hampering national security by inhibiting the president's federal workforce shakeup.
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March 28, 2025
Ex-Chicago Firefighter's Vaccine Bias Suit Fails, For Now
The city of Chicago dodged a former firefighter's lawsuit claiming he was fired for not complying with the city's COVID-19 vaccination policy after being given a religious exemption, with an Illinois federal judge ruling Friday he failed to show he was also exempt from the policy's testing requirement.
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March 28, 2025
FedEx Workers' Wage Suit Will Wait On Conn. Justices' Input
A Connecticut federal judge pressed pause on a class action alleging FedEx Ground Package System Inc. failed to pay workers for their time spent undergoing preshift security screenings, giving the state's high court a chance to weigh in on a similar dispute.
Expert Analysis
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3 Factors Affecting Retail M&A Deals In 2025
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.
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How Trump Admin May Approach AI In The Workplace
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.
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Top 10 Legal Issues This Year For Transportation Industry GCs
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.
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Exploring Venue Strategy For Trump-Era Regulatory Litigation
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.
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What 2024's Noncompete Turmoil Means For Banks In 2025
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.
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Lessons Learned From 2024's Top FMLA Decisions
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.
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New Year, New Risks: 8 Top Cyber Issues For Finance In 2025
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.
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Lessons Learned From 2024's Top ADA Decisions
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.
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Series
Playing Esports Makes Me A Better Lawyer
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.
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Lessons From The SEC's 2024 Crackdown On AI Washing
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.
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Identifying Deepfakes During Evidence Collection, Discovery
Excerpt from Practical Guidance
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.
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An Associate's Guide To Career Development In 2025
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.
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5 Proactive Immigration Best Practices For Employers In 2025
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.
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Top 10 Employer Resolutions For 2025
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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NLRB Likely To Fill Vacuum After NMB Jurisdiction Ruling
The National Mediation Board's recent ruling in Swissport Cargo Services LP abandoned decades of precedent by concluding the Railway Labor Act doesn’t apply to airline service providers, likely leading the National Labor Relations Board to assert its jurisdiction instead and potentially causing more operational disruptions and labor strife, say attorneys at Morgan Lewis.