Employment

  • March 03, 2025

    Saul Ewing Wants Out Of Home Care Co. Asset Transfer Suit

    Saul Ewing LLP told a Pennsylvania state court that merely being an "accessory" to a family accused of hiding assets from potential judgment wasn't enough to sustain a claim against the law firm under the Pennsylvania Uniform Voidable Transfers Act, since the law only allows claims against "transferees."

  • March 03, 2025

    Accounting Firm Wants Out Of Fired Credit Union CEO's Suit

    A Connecticut credit union's former chief executive officer has no standing to sue accounting firm Whittlesey PC after following its financial advice allegedly got him fired because he was never its client to begin with, according to a dismissal bid the firm filed in state court.

  • March 03, 2025

    Fed. Circ. Says OPM Reg On Entry-Level Workers' OT Is Valid

    The Office of Personnel Management's regulation denying overtime pay for federal employees undergoing training is valid, the U.S. Court of Appeals for the Federal Circuit ruled Monday, sending an FBI analyst's overtime suit back to the Court of Federal Claims.

  • March 03, 2025

    Ex-Paxton Aides Say More Evidence Needed Before Judgment

    Four of Texas Attorney General Ken Paxton's former deputies have asked an Austin court to allow them to present more evidence in their 2020 employment retaliation suit, writing that his office was "trying to backtrack" its assertion that it wouldn't contest the case.

  • March 03, 2025

    Justices Turn Away Christian Worker Who Panned Pride Flag

    The U.S. Supreme Court refused Monday to review the dismissal of a suit brought by a Christian worker who said he was unlawfully fired by a metal manufacturer after calling a Pride month rainbow on the company's website an "abomination."

  • March 03, 2025

    Justices Evade Circuit Split On Student Speech, Thomas Says

    The U.S. Supreme Court declined Monday to wade into a free speech advocacy group's suit challenging Indiana University's processes for reporting and investigating controversial speech, but Justice Clarence Thomas complained that the high court missed a chance to address a circuit split over student challenges to schools' "bias response teams."

  • March 03, 2025

    Justices Turn Down Suit By Worker Fired Over Online Post

    The U.S. Supreme Court said Monday it would not review a Sixth Circuit decision holding that a former CSX Transportation Inc. engineer waited too long to try to revive his wrongful termination suit stemming from an online post he made about a fatal train accident.

  • March 02, 2025

    WH Appeals After Watchdog Chief Is Permanently Reinstalled

    A D.C. federal judge ruled Saturday that President Donald Trump's firing of the head of the Office of Special Counsel was illegal, finding that the federal employment watchdog can only be ousted for cause.

  • February 28, 2025

    CFPB Endgame Is Just 'Five Men And A Phone,' Filings Allege

    Current and former Consumer Financial Protection Bureau employees alleged in D.C. federal court filings that the Trump administration is much more aggressively trying to gut the agency than it has let on, warning it has already damaged vital functions.

  • February 28, 2025

    Employment Authority: High Court Majority-Bias Case Effects

    Law360 Employment Authority covers the biggest employment cases and trends. Catch up this week with how a possible U.S. Supreme Court decision easing the path for plaintiffs belonging to majority groups could create the "perfect storm" for litigation, a look at the cases challenging U.S. Department of Labor rules that are currently on hold after the new Trump administration took office, and how the striking energy is set to continue. 

  • February 28, 2025

    OPM Tells Agencies To Give On-The-Clock Union Task Info

    The U.S. Office of Personnel Management's acting director instructed federal agency heads to submit information about the official time unionized workers spent negotiating, handling grievances and engaging in labor-management relations, issuing the memorandum to carry out President Donald Trump's aim of restoring "efficiency and accountability" in the government.

  • February 28, 2025

    'Not So': Trump Says Wilcox Firing Case Won't Ax Humphrey's

    A D.C. federal judge should reject former National Labor Relations Board member Gwynne Wilcox's claim that the Trump administration is trying to ax landmark U.S. Supreme Court precedent, President Donald Trump and board Chairman Marvin Kaplan argued Friday, saying they only want the decision properly applied.

  • February 28, 2025

    Calif. Justices Revive Yacht Club Worker's Injury Suit

    The California Supreme Court has revived a suit brought by a yacht club maintenance worker seeking to hold his employer liable for his workplace injuries under federal maritime law, saying the law preempts California's workers' compensation statute.

  • February 28, 2025

    8th Circ. Backs Auto Co. Exec's Win In $5M Benefits Suit

    The Eighth Circuit declined Friday to overturn a former chief operating officer's win in his lawsuit accusing an automotive company of reneging on the terms of his deferred compensation plan when he left the firm, saying the company can't rely on nonexistent documents to deny his claim to the funds.

  • February 28, 2025

    Trump Admin Cuts Raise Trade Secret Security Concerns

    As the Trump administration reduces the size of the federal government, intellectual property attorneys are expressing concerns about the continued safeguarding of trade secrets that companies are required to disclose to certain agencies.

  • February 28, 2025

    5 Argument Sessions Benefits Attys Should Watch In March

    The Ninth Circuit will mull Express Scripts and OptumRx's bid to force a public nuisance suit brought by the state of California into federal court, and the Second Circuit will hear from pensioners who say that IBM's use of outdated mortality tables shrank their benefits payouts. Here, Law360 looks at these and other appellate arguments happening in March that should be on benefits lawyers' radar.

  • February 28, 2025

    Trafficking Claims Against Marriott Should Go On, Judge Says

    A Colorado federal judge said Thursday that a Mexican national has plausibly alleged Marriott engaged in a bait-and-switch scheme at its St. Regis Hotel in Aspen to procure his labor under false pretenses, recommending that half of his claims proceed in the litigation.

  • February 28, 2025

    Kraft Heinz Beats Ex-R&D Worker's Vaccine Bias Claims

    A former Kraft Heinz research and development manager cannot go to trial over claims the company discriminated against her religious beliefs by rejecting her COVID-19 exemption request, with an Illinois federal judge saying on Friday her concerns were not religious in nature.

  • 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.

Expert Analysis

  • Religious Accommodation Lessons From $12.7M Vax Verdict

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    A Michigan federal jury’s recent $12.7 million verdict against Blue Cross Blue Shield of Michigan starkly reminds employers of the risks they face when assessing employees’ religious accommodation requests, highlighting pitfalls to avoid and raising the opportunity to consider best practices to follow, say attorneys at Williams & Connolly.

  • What To Expect In Higher Ed Enforcement Under Trump

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    Colleges and universities should prepare for shifting priorities, as President-elect Donald Trump is likely to focus less on antitrust cases and more on foreign relations policy, while congressional oversight of higher education continues to increase, say attorneys at Steptoe.

  • Series

    NY Banking Brief: All The Notable Legal Updates In Q4

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    In 2024's final quarter, the New York State Department of Financial Services published guidance on mitigating the rising cybersecurity risks of artificial intelligence and remote technology workers with North Korean ties, and the state attorney general launched an antitrust investigation into Capital One's proposed Discover merger, say attorneys at Haynes Boone.

  • How Trial Attys Can Wield Amended Federal Evidence Rules

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    Trial lawyers should assess recent amendments to four Federal Rules of Evidence and a newly enacted rule on illustrative aids to determine how to best use the rules to enhance pretrial discovery and trial strategy, says Stewart Edelstein, former litigation chair at Cohen & Wolf.

  • Series

    Exercising On My Peloton Bike Makes Me A Better Lawyer

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    While I originally came to the Peloton bike for exercise, one cycling instructor’s teachings have come to serve as a road map for practicing law thoughtfully and mindfully, which has opened opportunities for growth and change in my career, says Andrea Kirshenbaum at Littler.

  • 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.

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