Employment

  • October 21, 2024

    Hooters, EEOC Strike Deal To End Post-COVID Rehiring Suit

    Hooters will pay $250,000 to resolve a U.S. Equal Employment Opportunity Commission lawsuit claiming it failed to bring back most of its Black employees when it reopened a North Carolina restaurant during the COVID-19 pandemic, according to a filing in federal court Monday.

  • October 21, 2024

    Boeing Machinists To Vote On New Tentative Wage Deal

    Approximately 33,000 Boeing employees represented by the International Association of Machinists and Aerospace Workers will vote Wednesday on a tentative new labor contract that includes a 35% wage increase over four years, potentially ending a more than monthlong strike that hampered Boeing's production and cash flow.

  • October 21, 2024

    3rd Take's The Charm For Terrence Howard in CAA Suit

    A Los Angeles judge Monday declined to dismiss "Empire" star Terrence Howard's suit alleging Creative Artists Agency's conflicting interests led him to accept a salary below industry standards, finding the latest version of the complaint adequately addressed her statute of limitations concerns.  

  • October 21, 2024

    Seton Hall Ex-Chair Fights Transfer Of Whistleblower Suit

    Seton Hall University's former board chair on Monday sought to prevent the transfer of a whistleblower case from the school's former president out of New Jersey's Essex County state court due to a supposed conflict of interest, following a similar motion last week from the university itself.

  • October 21, 2024

    Lilly Ledbetter Was An 'Indefatigable' Force For Equal Pay

    Lilly Ledbetter, whose unequal pay lawsuit against her employer sparked a 2009 law and led her to dedicate the rest of her life to fighting for pay equity, recently died at 86. Those who worked with her say her legacy lives on in the ongoing fight to close the wage gap.

  • October 21, 2024

    Ogletree Shareholder Who Went In-House 'Returning Home'

    Communications company WPP Group USA's vice president and counsel for the Americas rejoined Ogletree Deakins Nash Smoak & Stewart PC on Monday as a labor and employment shareholder, the firm said.

  • October 21, 2024

    Ex-Court Atty's Gender Bias Claims Cut From Workplace Suit

    Pennsylvania federal judge has reduced a lawsuit filed by a former Northampton County Court of Common Pleas lawyer who alleges she was forced to resign because of her treatment in the workplace, ruling that while her gender bias claims fall short, the case can proceed on her retaliation claims.

  • October 21, 2024

    Eversheds Sutherland Adds NCAA Veteran To Education Team

    Eversheds Sutherland announced Monday that it has added the former associate director of enforcement for the National Collegiate Athletic Association to bolster its higher education services and its global sports practice.

  • October 21, 2024

    Conn. Firm Says Attys, Restaurants Filed 'Malicious' Suit

    A restaurant chain and its attorneys abused the legal process by "frivolously and maliciously" suing a plaintiff-side firm after it ran ads alerting workers they might have wage claims against the restaurant, a lawsuit filed in Connecticut state court has alleged.

  • October 21, 2024

    Arthur Blank's Paramours Forced Unpaid OT, Ex-Workers Say

    The family office of Home Depot co-founder Arthur Blank, who owns the Atlanta Falcons and Atlanta United FC, has been sued by two former employees who allege they were forced to work long hours due to the retention of "incompetent" employees who had sexual relationships with Blank and others, and were then denied overtime.

  • October 21, 2024

    Justices Turn Away Ex-Raytheon Workers' Vaccine Bias Suit

    The U.S. Supreme Court declined Monday to review the dismissal of a lawsuit alleging Raytheon Technologies Corp. harassed and forced out employees who received religious exemptions from its COVID-19 vaccine policy, despite workers' assertion that the Ninth Circuit applied erroneously narrow standards.

  • October 21, 2024

    Paul Hastings Adds Baker McKenzie Employment Team In NY

    Paul Hastings LLP said Monday that it has landed a top-tier, four-partner employment litigation team in New York from Baker McKenzie LLP to strengthen its East Coast practice.

  • October 18, 2024

    Law360 MVP Awards Go To Top Attys From 74 Firms

    The attorneys chosen as Law360's 2024 MVPs have distinguished themselves from their peers by securing hard-earned successes in high-stakes litigation, complex global matters and record-breaking deals.

  • October 18, 2024

    Employment Authority: 500th Starbucks Unionizes

    Law360 Employment Authority covers the biggest employment cases and trends. Catch up this week with coverage on a look at the 500th Starbucks successful unionization efforts, tips for employers to get ready for the second salary increase for the Fair Labor Standards Act's overtime exemption and a look at California's law preserving the intersectionality in its anti-discrimination laws. 

  • October 18, 2024

    Fired SF Rail Workers Win First Phase Of Vax Mandate Trial

    A California federal jury on Friday ruled that the Bay Area Rapid Transit District didn't prove it tried to accommodate six unvaccinated employees the agency fired during the COVID-19 pandemic, pushing the trial to a second phase over whether the workers had a "sincerely held" religious belief against being vaccinated.

  • October 18, 2024

    Ex-GOP Candidate Says Air Force's Doc Release Damaged Her

    Former Republican congressional candidate Jennifer-Ruth Green has urged a District of Columbia federal judge to deny the U.S. Air Force's bid to throw out her lawsuit accusing it of illegally disclosing her confidential military records, saying she has the right to sue under the Privacy Act.

  • October 18, 2024

    FTC Appeals Noncompete Ban Loss To 5th Circ.

    The Federal Trade Commission gave notice Friday that it would seek Fifth Circuit intervention against a Texas federal judge's decision to block its ban on employment noncompete agreements.

  • October 18, 2024

    Ex-Detainees Say Co. Can't Escape ICE Forced Labor Case

    Former detainees of a Georgia immigration detention center are asking a federal judge not to let the private prison company that owned the facility out of a lawsuit accusing it of forcing them to work for as little as $1 a day.

  • October 18, 2024

    Wash. AG Must Face Christian Org.'s Suit Against Bias Law

    A Washington federal judge won't toss a Christian nonprofit's lawsuit challenging the state's antidiscrimination law, saying the dispute is not entirely resolved by the state attorney general's recent pledge not to go after the organization for hiring only Christians for two open positions.

  • October 18, 2024

    Spirit AeroSystems Furloughs 700 As Boeing Strike Endures

    Boeing Co. supplier Spirit AeroSystems Inc. said Friday that it will furlough 700 employees for three weeks to save costs as Boeing's production lines have ground to a halt amid a prolonged labor standoff with the International Association of Machinists and Aerospace Workers.

  • October 18, 2024

    Biotech Co. Wins Injunction Against Ex-Worker In Secrets Suit

    Biotech startup Trilobio Inc. won a temporary restraining order against a former employee after a California federal judge concluded the company has a strong likelihood of success on its claims that the worker stole trade secrets to start his own business after being fired for poor performance.

  • October 18, 2024

    Fake 'Hollywood Reporter' Scams Job Seekers, Mass. AG Says

    Scammers posing as the publishers of entertainment industry trade publication The Hollywood Reporter created an impostor website to lure job seekers into a cryptocurrency fraud scheme, the Massachusetts attorney general alleged in a complaint Friday.

  • October 18, 2024

    Chamber Of Commerce Seeks Stay Of H-2A Rule For Harvest

    The U.S. Chamber of Commerce pushed a Mississippi federal court to stay a policy allowing H-2A migrant farmworkers to organize, saying its members can't risk being penalized under the policy while the Chamber challenges the rule's legality.

  • October 18, 2024

    Delivery Co. Will Pay $2.7M To Settle NJ Misclassification Suit

    A Maryland-based delivery company has reached a $2.75 million settlement with New Jersey regarding the misclassification of workers as independent contractors rather than employees, state officials announced Friday.

  • October 18, 2024

    Walmart Fired Managers Who Fought Biased Hiring, Suit Says

    Walmart fired two managers in retaliation for their persistent complaints about discriminatory hiring practices at an Atlanta-area fulfillment center, the pair have told a Georgia federal judge, alleging they were told not to hire or be "quick to fire" people who seemed "too Black," "too ethnic" or "overtly gay."

Expert Analysis

  • Opinion

    The Big Issues A BigLaw Associates' Union Could Address

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    A BigLaw associates’ union could address a number of issues that have the potential to meaningfully improve working conditions, diversity and attorney well-being — from restructured billable hour requirements to origination credit allocation, return-to-office mandates and more, says Tara Rhoades at The Sanity Plea.

  • Opinion

    It's Time For A BigLaw Associates' Union

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    As BigLaw faces a steady stream of criticism about its employment policies and practices, an associates union could effect real change — and it could start with law students organizing around opposition to recent recruiting trends, says Tara Rhoades at The Sanity Plea.

  • Why DOJ's Whistleblower Program May Have Limited Impact

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    The U.S. Department of Justice’s new whistleblower pilot program aims to incentivize individuals to report corporate misconduct, but the program's effectiveness may be undercut by its differences from other federal agencies’ whistleblower programs and its interplay with other DOJ policies, say attorneys at Milbank.

  • CFPB's Earned Wage Access Rule Marks Regulatory Shift

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    The Consumer Financial Protection Bureau's newly issued interpretive rule on earned wage access products, classifying them as extensions of credit, marks a significant shift in their regulatory landscape and raises some important questions regarding potential fringe cases and legal challenges, say Erin Bryan and Courina Yulisa at Dorsey & Whitney.

  • How Calif. Justices' Prop 22 Ruling Affects The Gig Industry

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    The California Supreme Court's recent upholding of Proposition 22 clarifies that Uber, Lyft, DoorDash and other companies in the gig industry can legally classify their drivers as independent contractors, but it falls short of concluding some important regulatory battles in the state, says Mark Spring at CDF Labor.

  • Takeaways From Virginia's $2B Trade Secrets Verdict Reversal

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    The Virginia Court of Appeals' recent reversal of the $2 billion damages award in Pegasystems v. Appian underscores the claimant's burden to show damages causation and highlights how an evidentiary ruling could lead to reversible error, say John Lanham and Kamran Jamil at Morrison Foerster.

  • How Justices Upended The Administrative Procedure Act

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    In its recent Loper Bright, Corner Post and Jarkesy decisions, the U.S. Supreme Court fundamentally changed the Administrative Procedure Act in ways that undermine Congress and the executive branch, shift power to the judiciary, curtail public and business input, and create great uncertainty, say Alene Taber and Beth Hummer at Hanson Bridgett.

  • Employers Face Uncertainty After Calif. Justices' Slur Ruling

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    In Bailey v. San Francisco District Attorney's Office, the California Supreme Court recently ruled that a singular use of a racial slur may be sufficiently severe to support a hostile work environment claim, leaving employers to speculate about what sort of comments or conduct will meet this new standard going forward, says Stephanie Roeser at Manatt.

  • 9th Circ. Ruling Flags Work Harassment Risks Of Social Media

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    The recent Ninth Circuit ruling in Okonowsky v. Garland, holding an employer could be liable for a co-worker's harassing social media posts, highlights new challenges in technology-centered and remote workplaces, and underscores an employer's obligation to prevent hostile environments wherever their employees clock in, say Jennifer Lada and Phillip Schreiber at Holland & Knight.

  • 2 Vital Trial Principles Endure Amid Tech Advances

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    Progress in trial technologies in the last 10 years has been transformative for courtroom presentations, but two core communication axioms are still relevant in today's world of drone footage evidence and 3D animations, say Adam Bloomberg and Lisa Walters at IMS Legal Strategies.

  • Key Steps To Employer Petitions For Union Elections

    Excerpt from Practical Guidance
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    Since the National Labor Relations Board shifted the burden of requesting formal union elections onto employers in its Cemex decision last year — and raised the stakes for employer missteps during the process — companies should be prepared to correctly file representation management election petitions and respond to union demands for recognition, says Adam Keating at Duane Morris.

  • Viral Layoffs: How Cos. Can Avoid Bad Social Media Exposure

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    A recent trend of employees using social media to document their experiences with layoffs and disciplinary actions in the workplace should prompt employers to take additional precautions to avoid former workers' negative viral reviews when deciding how, when and what to communicate to employees, say Scott McIntyre and Chrissy Kennedy at BakerHostetler.

  • Mirror, Mirror On The Wall, Is My Counterclaim Bound To Fall?

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    A Pennsylvania federal court’s recent dismissal of the defendants’ counterclaims in Morgan v. Noss should remind attorneys to avoid the temptation to repackage a claim’s facts and law into a mirror-image counterclaim, as this approach will often result in a waste of time and resources, says Matthew Selmasska at Kaufman Dolowich.

  • 6 Factors That Can Make For A 'Nuclear' Juror

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    Drawing from recent research that examines the rise in nuclear verdicts, Ken Broda-Bahm at Persuasion Strategies identifies a few juror characteristics most likely to matter in assessing case risk and preparing for jury selection — some of which are long-known, and others that are emerging post-pandemic.

  • Series

    Playing Dungeons & Dragons Makes Me A Better Lawyer

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    Playing Dungeons & Dragons – a tabletop role-playing game – helped pave the way for my legal career by providing me with foundational skills such as persuasion and team building, says Derrick Carman at Robins Kaplan.

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