Employment

  • October 28, 2024

    2nd Circ. Enforces NLRB Order Against Theater Co.

    The Second Circuit has enforced a National Labor Relations Board order compelling a theatrical production company to hand over certain documents to the Actors' Equity Association, saying Monday the company can't cite a concern that the union might publicize the information as a reason to withhold it.

  • October 28, 2024

    Yellow Corp. Says Failing Biz Excuses WARN Act Duty

    Bankrupt trucking firm Yellow Corp. told a Delaware judge Monday that it should get early wins in suits brought by laid off employees, saying that because the company had ceased most business operations, it was excused from notification obligations surrounding the firing of thousands of workers.

  • October 28, 2024

    DOD Settles Bias Suit Over 'Don't Ask, Don't Tell' Discharges

    The U.S. Department of Defense has reached a settlement in principle with a group of LGBTQ+ service members who sued the U.S. military in California federal court claiming veterans discharged under the former Don't Ask, Don't Tell policy, which banned non-heterosexual service members, continued to face discrimination.

  • October 28, 2024

    J. Crew Asks Court To Ratify Ex-GC's Arbitration Loss

    J. Crew is asking a New York federal judge to confirm an arbitrator's ruling from earlier this month that found it hadn't fired its former legal chief, Maria DiLorenzo, in retaliation for her complaints about colleagues' discriminatory comments about her hearing loss.

  • October 28, 2024

    Philly Attys Sued For Allegedly Botching Bias Lawsuit

    A malpractice suit filed in Philadelphia court alleges that attorneys at the Law Offices of Eric A. Shore did not properly manage a pair of federal employment discrimination cases for a power plant engineer, causing the dismissal of one complaint and a diminished jury verdict in the second.

  • October 28, 2024

    Pierson Ferdinand Hires Ex-Morris Manning L&E Atty

    Pierson Ferdinand LLP announced Monday that a former Morris Manning & Martin LLP attorney whose practice spans litigation, human resources counseling and transactional work is the latest addition to its employment, labor and benefits practice.

  • October 28, 2024

    Medical Laser Co. Seeks Multiplier For Rival's 'Deceitful' Raid

    A medical laser company has asked a Boston federal judge to double or triple its $25 million verdict against a rival firm — and tack on attorney fees and $6.8 million in interest — for a "calculated and deceitful corporate raid" on its sales workforce.

  • October 28, 2024

    Fired Exec Says TikTok Can't Force Bias Suit Into Arbitration

    A fired TikTok marketing executive told a New York federal court the company can't short-circuit her suit claiming her age and gender landed her on a company "kill list," arguing that her case is protected by a law curbing mandatory arbitration because it includes sexual harassment allegations.

  • October 28, 2024

    Farm Co. Can't Push Worker's Wage Suit To Arbitration

    A California appeals court refused to send to arbitration a farm laborer's suit accusing a farm labor contractor of shorting workers on wages, saying the company can't rely on an arbitration pact that one of its clients signed with the workers.

  • October 25, 2024

    5th Circ. Punts Musk Tweet Lawfulness, But Axes NLRB Order

    An en banc Fifth Circuit majority on Friday overturned a National Labor Relations Board decision that a tweet Tesla CEO Elon Musk sent during a United Auto Workers unionization campaign violated federal labor law, while the court's dissenting members criticized the majority's decision as "logically incoherent."

  • October 25, 2024

    OpenAI, Authors Battle Over Execs' Texts And Proof Of Harm

    California labor law doesn't shield OpenAI from producing CEO Sam Altman's and President Greg Brockman's texts and social media messages relevant to a copyright infringement lawsuit, authors alleging OpenAI and Microsoft illegally used their copyrighted works to train artificial intelligence program ChatGPT have told a New York federal judge.

  • October 25, 2024

    NLRB Wins Injunction, Defeats Constitutional Claims In Mich.

    A Michigan federal judge handed the National Labor Relations Board two victories Friday in the agency's dispute with a hospital, ordering the hospital to resume recognizing the Service Employees International Union affiliate it ousted last year and rejecting the hospital's argument that the agency's structure is unconstitutional.

  • October 25, 2024

    How Big Crash Verdict Revealed Blueprint For Suing Amazon

    A rare $16.2 million verdict against Amazon recently awarded by a Georgia jury is proof that a blueprint of sorts now exists for pinning liability on the retail giant in crash cases involving independent contractors, according to a veteran attorney who helped win the case.

  • October 25, 2024

    Ex-Venture Global Exec Says Co. Lowballed, Then Fired Her

    A former Venture Global executive has sued the U.S. natural gas company in Virginia federal court for allegedly breaching a decades-old stock option agreement, claiming the company's co-founders refused to let her exercise millions of dollars' worth of soon-to-expire options, then fired her for complaining.

  • October 25, 2024

    Vidal Warned Of 'Heightened' Burden, 'Loophole' In Seed Fight

    Two new petitions in front of the U.S. Patent and Trademark Office director say the patent administrative board created "a heightened new standard" in one instance and a trade secrets "loophole" in another in order to protect patents covering purportedly novel corn seeds developed by a unit of DowDuPont spin-off Corteva.

  • October 25, 2024

    Employment Authority: W&H Compliance Under AI Guidance

    Law360 Employment Authority covers the biggest employment cases and trends. Catch up this week with coverage on how the U.S. Department of Labor's recent guidance for artificial intelligence highlights how employers need to keep an eye on wage and hour compliance and how Alaska could open new paths for captive audience bans. 

  • October 25, 2024

    Yale, Travelers Beat Conn. Age Bias Appeals

    A Connecticut appeals court on Friday declined to revive claims that Yale University and Travelers Indemnity Co. committed age discrimination with job postings seeking "recent" college graduates, reasoning that the court that threw out the cases properly interpreted state high court precedent.

  • October 25, 2024

    Jury Mostly Sides With Woodland Tools On False Ad Claims

    A Wisconsin federal jury has largely found in favor of gardening toolmaker Woodland Tools on allegations that competitor Fiskars Brands made false claims about the design origin and cutting power of Fiskars products including pruners and shears.

  • October 25, 2024

    NJ Ethics Board Faces Contempt Bid In Retaliation Fight

    Counsel for a New Jersey health official who claimed his firing during the COVID-19 pandemic was retaliatory asked a court to hold the State Ethics Commission in contempt for stalling discovery under the guise that the state health regulator initiated the termination, despite "well documented" evidence that it was the commission and Gov. Phil Murphy.

  • October 25, 2024

    Split Mich. Panel Won't Revive Janitor's Burn Injury Suit

    A divided Michigan appellate panel has declined to revive a former manufacturing plant janitor's lawsuit over a workplace explosion that left him severely injured, with the majority saying the case is time-barred by a statute of limitations clause in his employment agreement.

  • October 25, 2024

    'Quiet On Set' Free Speech Row Has Judge Reaching For Advil

    A California judge was undecided Friday about tossing on free speech grounds a defamation lawsuit from former Nickelodeon producer Dan Schneider against Warner Brothers Discovery Inc. over its "Quiet on Set" docuseries, remarking during a hearing that such motions are so headache-inducing he must "remember to bring [his] Advil."

  • October 25, 2024

    Premera Rejection Seems Sparse, 9th Circ. Judges Say

    A Ninth Circuit judge pressed Premera Blue Cross on Friday to defend refusing coverage for a Washington teen's lengthy mental health residential treatment, questioning if the insurer engaged in a meaningful dialogue as required with the youth's family in letters explaining why the treatment was medically unnecessary.

  • October 25, 2024

    Lyft To Pay $2.1M FTC Fine Over Driver Earnings Claims

    Lyft Inc. will pay $2.1 million and clarify its claims about driver pay in order to settle allegations from the Federal Trade Commission that the ride-hailing company made deceptive statements about what drivers could expect to earn hourly and through special incentives, according to a Friday announcement from the agency.

  • October 25, 2024

    Wrongful Firing Suit Alleges Clippers Mishandled Star's Health

    A former trainer for the NBA's Los Angeles Clippers has filed a wrongful termination suit in California state court against the team, alleging he was fired after raising concerns about the health of star forward Kawhi Leonard.

  • October 25, 2024

    Off The Bench: Toss-Up For Ohtani Ball, UFC Fighters' Payday

    In this week's Off The Bench, the three claimants to a historic baseball now know how much is at stake for the winner, a long fight against wage suppression for mixed martial arts fighters is a step closer to ending, and WNBA players want a bigger piece of a growing revenue pie.

Expert Analysis

  • Opinion

    It's Time To Sound The Alarm About Lost Labor Rights

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    In the Fifth Circuit, recent rulings from judges appointed by former President Donald Trump have dismantled workers’ core labor rights, a troubling trend that we cannot risk extending under another Trump administration, say Sharon Block and Raj Nayak at the Center for Labor and a Just Economy.

  • What To Know About New Employment Laws In Fla.

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    Florida employers should familiarize themselves with recent state laws, and also federal legislation, on retirement benefits, teen labor and heat exposure, with special attention to prohibitions against minors performing dangerous tasks, as outlined in the Fair Labor Standards Act, say Katie Molloy and Cayla Page at Greenberg Traurig.

  • Election Unlikely To Overhaul Antitrust Enforcers' Labor Focus

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    Although the outcome of the presidential election may alter the course of antitrust enforcement in certain areas of the economy, scrutiny of labor markets by the Federal Trade Commission and the U.S. Department of Justice is likely to remain largely unaffected — with one notable exception, say Jared Nagley and Joy Siu at Sheppard Mullin.

  • How Immigration Attys Should Prep For A 2nd Trump Term

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    In light of the possibility of a drastic policy shift under a second Trump administration, immigration lawyers must review what Trump did during his first term, assess who would be most affected if those policies return and develop legal strategies to safeguard their clients' interests, says Adam Moses at Harris Beach.

  • Challenges Of Insuring An NIL Collective

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    Sarah Abrams at Baleen Specialty examines the emergence of name, image and likeness collectives for student-athletes, the current litigation landscape that has created a favorable environment for these organizations, and considerations for director and officer insurers looking to underwrite NIL collectives.

  • Opinion

    Legal Institutions Must Warn Against Phony Election Suits

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    With two weeks until the election, bar associations and courts have an urgent responsibility to warn lawyers about the consequences of filing unsubstantiated lawsuits claiming election fraud, says Elise Bean at the Carl Levin Center for Oversight and Democracy.

  • 5th Circ. DOL Tip Decision May Trigger Final 80/20 Rule Fight

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    A recent Fifth Circuit decision concerning a Labor Department rule that limits how often tipped employees can be assigned non-tip-producing duties could be challenged in either historically rule-friendly circuits or the Supreme Court, but either way it could shape the future of tipped work, says Kevin Johnson at Johnson Jackson.

  • How Cos. Can Build A Strong In-House Pro Bono Program

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    During this year’s pro bono celebration week, companies should consider some key pointers to grow and maintain a vibrant in-house program for attorneys to provide free legal services for the public good, says Mary Benton at Alston & Bird.

  • Insights On NLRB General Counsel's New 'Stay-Or-Pay' Memo

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    Attorneys at Davis Wright discuss the National Labor Relations Board general counsel's new memorandum on employer “stay-or-pay” policies and noncompete agreements, and explain key takeaways concerning the proposed financial remedies, prosecution framework and more.

  • Series

    Home Canning Makes Me A Better Lawyer

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    Making my own pickles and jams requires seeing a process through from start to finish, as does representing clients from the start of a dispute at the Patent Trial and Appeal Board through any appeals to the Federal Circuit, says attorney Kevin McNish.

  • How To Avoid Risking Arbitration Award Confidentiality In NY

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    Though a Second Circuit decision last year seemed to create a confidentiality safe harbor for arbitration awards that had no ongoing compliance issues, a recent New York federal court ruling offers further guidance on the meaning of "ongoing compliance issues," says Matthew Iverson at Nelson Mullins.

  • Next Steps For FCA Defendants After Fla. Qui Tam Ruling

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    Because a Florida federal court's recent decision in Zafirov v. Florida Medical Associates could eventually prove to be a watershed event for False Claims Act suits, defendants should consider potential next steps to ensure that their litigation benefits from the court's reasoning and further developments, says Scott Gallisdorfer at Bass Berry.

  • How Project 2025 Could Upend Federal ESG Policies

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    If implemented, Project 2025, the Heritage Foundation's policy playbook for a Republican presidential administration, would likely seek to deploy antitrust law to target ESG initiatives, limit pension fund managers' focus to pecuniary factors and spell doom for the U.S. Securities and Exchange Commission's climate rule, say attorneys at Mintz.

  • E-Signature Best Practices For Employers After Calif. Ruling

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    In Garcia v. Stoneledge Furniture, a California appellate court found an arbitration agreement invalid after an employee raised doubts about the authenticity of its e-signature, underscoring the importance of employers implementing additional measures to verify the authenticity of electronically signed documents, say Ash Bhargava and Reece Bennett at Atkinson Andelson.

  • Use The Right Kind Of Feedback To Help Gen Z Attorneys

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    Generation Z associates bring unique perspectives and expectations to the workplace, so it’s imperative that supervising attorneys adapt their feedback approach in order to help young lawyers learn and grow — which is good for law firms, too, says Rachael Bosch at Fringe Professional Development.

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