Employment

  • February 24, 2025

    Fla. Teacher Wins Appeal Over Memes Posted To Social Media

    A Florida state appellate court overturned a punishment handed to a math teacher who was suspended for three days over posting political memes to his Facebook profile, saying his right to free speech was violated because the posts were a matter of public concern and didn't disrupt school operations.

  • February 24, 2025

    Charter Communications Keeps Trade Secrets Suit In Conn.

    A Charter Communications Inc. trade secrets lawsuit against a former Colorado-based vice president will remain in Connecticut, a federal judge ruled from the bench on Monday, greenlighting the company's request for a preliminary injunction in its home state.

  • February 24, 2025

    Anti-Abortion Group Appeals In Reproductive Rights Law Row

    An anti-abortion organization is turning to the Second Circuit to try to revive its suit claiming a New York state law that bars employers from penalizing workers for their reproductive health decisions, such as ending a pregnancy, infringes on its constitutional rights.

  • February 24, 2025

    Tax Software Co. Says Rival Is The Real Trade Secrets Thief

    Corporate-focused tax preparation software company Avalara, accused by Vertex Inc. of poaching workers to steal trade secrets, has asked to file counterclaims, arguing Vertex has actually done the illegal poaching.

  • February 24, 2025

    Ousted MSPB Chair Defends Humphrey's In Injunction Bid

    The Merit Systems Protection Board chair fired by President Donald Trump demanded an injunction to prevent her removal by administration officials, telling a D.C. federal judge that siding with the president's position on the U.S. Supreme Court's Humphrey's Executor ruling would "upend constitutional law."

  • February 24, 2025

    EEOC Gets OK To Advance Male Bias Suit Against Sports Bar

    A North Carolina federal judge on Monday rejected Battleground Restaurants Inc.'s bid to dismiss the U.S. Equal Employment Opportunity Commission's lawsuit alleging the company systematically refused to hire men for front-of-house jobs at its Kickback Jack's sports bar, saying the commission has met the pleading standards for the claims.

  • February 24, 2025

    4th Circ. Won't Block DOL's H-2A Minimum Wage Rule

    A Biden-era rule from the U.S. Department of Labor that shook up how it calculates minimum wages paid to H-2A visa workers may stand, the Fourth Circuit ruled Monday, saying blocking the regulation would harm both domestic and foreign workers and inflict hardship on farm owners.

  • February 24, 2025

    1st Circ. Won't Revive Dr.'s Retaliation Claim Against Hospital

    A radiologist can't reinstate a whistleblower and discrimination lawsuit against a Boston hospital she says sidelined her after she reported concerns about a colleague dubbed "the Boston Butcher," the First Circuit has ordered.

  • February 24, 2025

    DoorDash To Pay $16.8M To End NY AG's Stolen Tip Claims

    DoorDash has agreed to shell out $16.75 million following an investigation that found it cheated about 63,000 food delivery workers out of their full tips in order to subsidize their pay, New York Attorney General Letitia James announced Monday.

  • February 24, 2025

    Feds Fight Reinstatement Of Ousted Inspectors General

    The Trump administration fired back at a lawsuit brought by eight inspectors general who were fired last month, telling a D.C. federal judge that federal law does not require the president to hold off on the terminations for 30 days after notifying Congress.

  • February 24, 2025

    3rd Circ. Says Discovery Defiance Dooms Vax Bias Suit

    The Third Circuit backed the dismissal of a Jehovah's Witness' suit claiming 3M fired her out of religious bias for opposing its COVID-19 vaccine mandate, saying it was a proper punishment for purposefully ignoring discovery orders probing whether her beliefs were sincere.

  • February 24, 2025

    CVS Says Union Vote Certifications Require NLRB Quorum

    CVS has argued that National Labor Relations Board regional offices cannot certify the results of union representation elections while the agency lacks a quorum, advancing the latest argument employers have adopted seeking to block the board's actions.

  • February 24, 2025

    GAO Sinks Protest Over Army Corps Solicitation Amendment

    The U.S. Government Accountability Office has said the Army Corps of Engineers rightly changed a solicitation to remove the requirement that solicitors attach a project labor agreement, denying a construction contractor's protest of the change.

  • February 24, 2025

    NLRB Stops Defending Job Protections For Members, Judges

    National Labor Relations Board prosecutors will no longer defend board members and judges against claims that their job protections are unconstitutional, the prosecutors told a Missouri federal judge, switching positions after the acting solicitor general stated that administrative law judges' job protections violate the U.S. Constitution.

  • February 24, 2025

    Buchanan Ingersoll Adds Ogletree Employment Ace In Tampa

    Buchanan Ingersoll & Rooney PC announced Monday that it picked up a new shareholder in Tampa, Florida, for its labor and employment section from Ogletree Deakins Nash Smoak & Stewart PC.

  • February 24, 2025

    Unions Seek To Block DOGE's 'Unprecedented' Access To Info

    Elon Musk's Department of Government Efficiency must be stopped from having "unprecedented" access to personal data from the Social Security Administration, two unions and a retiree advocacy group argued in Maryland federal court, becoming the latest lawsuit trying to stop DOGE from obtaining information at federal agencies.

  • February 24, 2025

    Apple To Invest $500B In US Over 4 Years As Tariffs Mount

    Apple said Monday that it would invest $500 billion in the U.S. over the next four years, weeks after President Donald Trump placed a 10% tariff on goods from China, where the company sources components for its products, and threatened tariffs on semiconductors.

  • February 24, 2025

    NCAA Blasts Baseball Player's Bid For More Eligibility

    The NCAA came out firing against a college baseball player's attempt to play at the University of Tennessee, asserting that its rules governing athletes' eligibility are not reviewable under federal antitrust law despite a recent court decision calling that position into question.

  • February 24, 2025

    Museum Cleared To Fire Hurt Worker After 4 Leave Extensions

    A California appeals court declined to revive a former HVAC technician's suit claiming the J. Paul Getty Trust illegally fired him while recovering from an on-the-job leg fracture, saying terminating him instead of granting a fifth request for indefinite medical leave was reasonable.

  • February 24, 2025

    Retired Conn. Cops Can't Get Retro Pay Under New Contract

    More than 30 retired New Haven police officers couldn't snag retroactive back pay a collective bargaining agreement laid out because they were not active employees when the contract was ratified, the Connecticut Appellate Court ruled, affirming a trial court's decision to toss the cops' suit.

  • February 24, 2025

    Texas Atty Dinged For AI-Generated Fake Citations In Briefs

    A Texas lawyer could face a $15,000 personal sanction and other potential discipline for filing three separate briefs using generative artificial intelligence that included fake citations in an Indiana ERISA case, according to a report and recommendation by a federal judge in the Hoosier State.

  • February 24, 2025

    Prior Deal Bars Wage Suit Against Manufacturer, Panel Says

    A California appeals court declined to reinstate a wage and hour suit against a flavor manufacturing company, saying the case is blocked by a prior settlement resolving identical claims against the staffing firm that placed workers with the company.

  • February 24, 2025

    High Court Declines To Review Reach Of Trade Secrets Law

    The U.S. Supreme Court on Monday turned down a petition from a Chinese company asking it to review whether the Defend Trade Secrets Act of 2016 can apply extraterritorially.

  • February 24, 2025

    Justices Nix Whistleblower Suit Over Arbitral Vacatur Limits

    The U.S. Supreme Court on Monday declined to review a petition that raised questions about the standards under which courts can vacate or enforce arbitral awards, in a case brought by a whistleblower who sought to challenge an arbitral award favoring his former employer.

  • February 22, 2025

    NY Judge Extends Block On DOGE's Treasury Access

    A New York federal judge on Friday barred Elon Musk's Department of Government Efficiency from accessing U.S. Treasury Department data, handing a win to 19 state attorneys general who claimed giving the new entity access to citizens' personal information posed a massive cybersecurity risk.

Expert Analysis

  • Series

    Gardening Makes Me A Better Lawyer

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    Beyond its practical and therapeutic benefits, gardening has bolstered important attributes that also apply to my litigation practice, including persistence, patience, grit and authenticity, says Christopher Viceconte at Gibbons.

  • How Trump's 2nd Term May Alter The Immigration Landscape

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    Rhetoric from Donald Trump's campaign and his choice of hardline appointees indicate that a more restrictive and punitive approach to immigration is in our immediate future, especially in areas like humanitarian relief, nonimmigrant visa processing, and travel and green card eligibility, says John Quill at Mintz.

  • Litigation Inspiration: Reframing Document Review

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    For attorneys — new ones especially — there is much fulfillment to find in document review by reflecting on how important, interesting and pleasant it can be, says Bennett Rawicki at Hilgers Graben.

  • 7th Circ. Travel Time Ruling Has Far-Reaching Implications

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    In a case of first impression, the Seventh Circuit’s recent holding in Walters v. Professional Labor Group will have significant implications for employers that must now provide travel time compensation for employees on overnight assignments away from home, says Anthony Sbardellati at Akerman.

  • Pa. Ruling Highlights Challenges Of Employer Arb. Appeals

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    A Pennsylvania federal court's recent ruling in Welch Foods v. General Teamsters Local Union No. 397 demonstrates the inherent difficulties employers face when seeking relief from labor arbitration decisions through appeals in court — and underscores how employers are faced with often conflicting legal priorities, says Daniel Johns at Cozen O'Connor.

  • 7 Ways To Prepare For An I-9 Audit Or Immigration Raid

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    Because immigration enforcement is likely to surge under the upcoming Trump administration, employers should take steps to ensure their staff is trained in employment eligibility verification requirements and what to do in the event of an Immigration and Customs Enforcement I-9 audit or workplace raid, say attorneys at Littler.

  • Args In 2 High Court Cases May Foretell Clarity For Employers

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    Mary Anna Brand at Maynard Nexsen examines possible employment implications of two cases argued before the Supreme Court this fall, including a higher bar for justifying employees as overtime exempt under the Fair Labor Standards Act, and earlier grants of prevailing party status for employee-plaintiffs seeking attorney fees.

  • California Supreme Court's Year In Review

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    Attorneys at Horvitz & Levy highlight notable decisions on major questions from the California Supreme Court's last term, including voter initiatives, hostile work environment and the economic loss rule.

  • Disentangling Various Forms Of Workplace Discrimination

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    Pay inequity can be missed where it exists and misidentified due to incorrect statistics, leaving individuals to face multiple facets of discrimination connected by a common root cause, meaning correct identification and measurement is crucial, says Daniel Levy at Advanced Analytical.

  • What Lawyers Can Learn From High School AI Suit

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    A pending Massachusetts lawsuit regarding artificial intelligence use in an academic setting underscores the need for attorneys to educate themselves on AI technology and tools that affect their clients so they can advise on establishing clear expectations and limits around the permissible use of AI, say attorneys at Hinckley Allen.

  • Calif. Ruling May Shield Public Employers From Labor Claims

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    In Stone v. Alameda Health System, the California Supreme Court recently exempted a county hospital from state-mandated rest breaks and the Private Attorneys General Act, granting government employers a robust new bulwark against other labor statutes by undermining an established doctrine for determining if a law applies to public entities, say attorneys at Hunton.

  • Best Practices For Effective Employee Assistance Programs

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    Employee assistance programs can be a powerful tool for establishing health and wellness initiatives in workplaces, and certain implementation steps can help both employers and workers gain maximum benefit from EAPs, say attorneys at Foley & Lardner.

  • Series

    Flying Makes Me A Better Lawyer

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    Achieving my childhood dream of flying airplanes made me a better lawyer — and a better person — because it taught me I can conquer difficult goals when I leave my comfort zone, focus on the demands of the moment and commit to honing my skills, says Ivy Cadle at Baker Donelson.

  • NLRB One-Two Punch Curbs Employer Anti-Organizing Tools

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    The National Labor Relations Board’s recent decisions in Siren Retail and Amazon, limiting employer speech about the impact of unionization and outlawing captive audience meetings, severely curtail employers' arsenal of tools to combat an organizing campaign — though this may soon change under a new administration, say attorneys at Benesch.

  • Key Requirements In New Maryland Pay Transparency Laws

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    Although several jurisdictions now require pay transparency in job advertisements, Maryland's new law is among the broadest in the country, both in terms of what is required and the scope of its applicability, says Sarah Belger at Quarles & Brady.

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