Employment

February 03, 2025
NCAA Hit With New Suits As NIL Settlement Trudges Ahead

At least 100 current and former college athletes filed a fresh round of lawsuits against the NCAA over its compensation restrictions as critics continue to pillory a proposed $2.78 billion class action settlement aimed at quelling many of the same concerns.
February 03, 2025
Attys For Blake Lively, Baldoni Warned Over Media Statements

Lawyers representing feuding actors Blake Lively and Justin Baldoni in their "It Ends With Us" damages litigation agreed Monday to rein in public statements, after a Manhattan federal judge cited their duty not to taint a potential future jury pool.
February 03, 2025
Ex-WWE Staffer Says She Was 'Sexual Pawn' In Wrestler Deal

A woman accusing former World Wrestling Entertainment Inc. executive Vince McMahon of sex trafficking, assault and harassment added more allegations to her case in Connecticut federal court, including that McMahon offered sex with her to wrestler Brock Lesnar during a contract negotiation.
February 03, 2025
BofA, Merrill Lynch Say Arbitration Policy Covers Bias Suit

Two Black financial advisers' suit accusing Bank of America and subsidiary Merrill Lynch of handing more opportunities to white men belongs in arbitration, the companies told a New York federal court, saying an arbitration policy shared with employees the day the suit was filed covers their claims.
February 03, 2025
Troutman Says Lawyer's Firing Due To Performance, Not Bias

A former Troutman Pepper Hamilton Sanders LLP associate was let go from the firm due to under-performance, not racial bias, the firm told a D.C. federal judge in a bid to end the lawyer's racial discrimination suit, arguing undisputed facts show a diverse group of partners agreed she was not meeting expectations prior to her being dismissed.
February 03, 2025
Calif. City On The Hook In Contractor Wage Fight, Panel Says

The city of Long Beach, California, could be required to foot the bill for arbitration awards rendered against an oil company subcontractor in workers' wage lawsuits, a state appellate panel ruled, saying an arbitration decision holds as much weight as any other court order and can trigger liability for indemnity.
February 03, 2025
Trump Furthers NLRB Shakeup By Firing Acting NLRB GC

President Donald Trump continued his shakeup of leadership at the National Labor Relations Board by firing acting general counsel Jessica Rutter, an agency spokesperson confirmed Monday.
January 31, 2025
McDonald's Settles Suit Over Latino College Scholarships

McDonald's told a Tennessee federal court on Friday that it is revising its Latino scholarship program to get rid of requirements for applicants to be of Hispanic or Latino heritage, ending a lawsuit lodged by a group that had successfully sued Harvard University over its affirmative action policies.
January 31, 2025
New York Scores Win In Reproductive Rights Labor Law Suit

A New York federal judge Friday tossed an anti-abortion group's lawsuit challenging a New York state law that bars employers from penalizing workers for making certain reproductive health decisions, saying on the five-year anniversary of the case that the group lacked standing to assert its last remaining claim.
January 31, 2025
Pipeline Inspector Asks Justices To Deem Him An Employee

A former pipeline inspector for energy industry service provider Killick Group has petitioned the U.S. Supreme Court to review a Fifth Circuit decision classifying him as an independent contractor not eligible for overtime, saying Friday the high court should resolve a circuit split on the factors determining employee status.
January 31, 2025
NCAA Settles States' Suit Challenging NIL Restrictions

The NCAA has reached a settlement with a coalition of states, led by Tennessee and Virginia, that's been challenging its ban on name, image and likeness compensation for student athletes being recruited by institutions, according to a notice filed Friday in Tennessee federal court, exactly one year after the suit was filed.
January 31, 2025
Justices Implored To Consider Tipster Medical Device Row

A nonprofit formed by Gretchen Carlson, a former Fox News anchor who has advocated against forced arbitration after suing the network's chairman for harassment, has urged the U.S. Supreme Court to consider a whistleblower's challenge to an arbitration award given to a medical device company in a trade secrets dispute.
January 31, 2025
Trump Ties DOT Funds To Immigration And Other Dictates

The Trump administration's Department of Transportation says it's not going to provide federal assistance to any states that don't comply with its efforts to deport as many people as possible or those that have vaccine or mask mandates.
January 31, 2025
Ex-Disney Cruise Worker Wants To Dismiss, Not Stay, Suit

A former Disney Cruise Line employee who was fired for testing positive for marijuana use then ordered to arbitrate his wrongful termination dispute in London has asked a Florida federal judge to dismiss his lawsuit instead of keeping it stayed.
January 31, 2025
SpaceX Likely To Beat Sanctions Bid In Pay Equity Case

A California state judge said Friday that he probably won't sanction SpaceX for supposedly missing a deadline to pay an arbitration retainer tied to a proposed class action accusing Elon Musk's aerospace company of underpaying women and minorities.
January 31, 2025
Employment Authority: Impact Of Trump's NLRB Firings, EOs

Law360 Employment Authority covers the biggest employment cases and trends. Catch up this week with coverage of President Donald Trump's myriad moves on labor and employment law in his first days in office: how the firings of top National Labor Relations Board officials affect the agency, how his recent executive order ending a six-decade-old nondiscrimination directive for federal contractors could lead to False Claims Act suits and four questions arising from Trump's offer for federal workers to resign and receive paid administrative leave.
January 31, 2025
3rd Circ. Backs DOL's $7M Win In Care Co. Wage Suit

The Third Circuit refused on Friday to overturn a $7 million judgment in favor of the U.S. Department of Labor in its lawsuit against a home care company, saying the time workers spent traveling between clients' homes is fundamental to their jobs and must be compensated.
January 31, 2025
Transcription Co. Hit With Wage Action Over Unpaid Prep Time

A Colorado worker for Vitac Corp., which provides transcription and closed captioning services using artificial intelligence, filed a proposed collective action in federal court on Friday alleging she and other employees weren't paid for preparation tasks necessary to perform their jobs.
January 31, 2025
Supreme Court Eyes Its 'Next Frontier' In FCC Delegation Case

A case about broadband subsidies will give the U.S. Supreme Court the chance to revive a long-dormant separation of powers principle that attorneys say could upend regulations in numerous industries and trigger a power shift that would make last term's shake-up of federal agency authority pale in comparison. And a majority of the court already appears to support its resurrection.
January 31, 2025
University Of Ill. Trustees Want SEIU's Free Speech Suit Nixed

The University of Illinois' board of trustees called on a federal judge to find that the board can lawfully bar comments about collective bargaining issues at public meetings, disputing arguments from a Service Employees International Union local that the ban on these discussions is unreasonable and violates the First Amendment.
January 31, 2025
After High Court, SuperValu's $123M FCA Case Heads To Trial

SuperValu is bound for trial in February over whistleblower claims that it billed the government higher-than-customary prices for millions of prescriptions, marking an important test of a recent U.S. Supreme Court ruling that revived the case and redefined the standard of proof under the False Claims Act.
January 31, 2025
Dem AGs Say Trump's DEI Attacks Undercut Anti-Bias Efforts

A dozen state attorneys general decried President Donald Trump's attempts to roll back diversity, equity, inclusion and accessibility programs across the federal government, saying Friday his stance threatens decades of bipartisan work to combat discrimination and provide equal job opportunities.
January 31, 2025
Ex-Paramount Worker Says NY WARN Covers Remote Jobs

A former Paramount employee accusing the studio of violating New York's WARN Act by laying off over 300 New York City-based workers without 90 days' notice urged a federal court to preserve his suit, saying Friday that the law covers him even though he worked remotely from California.
January 31, 2025
DOL Board Says Processing Delay Isn't A 'Catastrophic Event'

Delays in prevailing wage determinations aren't the kind of emergency needed to let a Florida company seeking to employ foreign workers qualify for a waiver to file its petition outside the usual timeframe, a U.S. Department of Labor appeals board said.
January 31, 2025
Off The Bench: NIL Deal Skeptics, Padres Feud, Rozier Probe

In this week's Off The Bench, critics get their knives out for the NCAA's $2.78 billion class action settlement with college athletes over name, image and likeness rights, the family feud over ownership of the San Diego Padres intensifies, and a federal gambling probe ensnares Miami Heat guard Terry Rozier.

Expert Analysis

How DOGE's Bite Can Live Up To Its Bark

All signs suggest that the Department of Government Efficiency will be an important part of the new Trump administration, with ample tools at its disposal to effectuate change, particularly with an attentive Republican-controlled Congress, say attorneys at K&L Gates.
5 Notable Information Security Events In 2024

B. Stephanie Siegmann at Hinckley Allen discusses 2024's largest and most destructive data breaches seen yet, ranging from ransomware disrupting U.S. healthcare systems on a massive scale, to tensions increasing between the U.S. and China over cyberespionage and the control of U.S. data.
Opinion

Trump Should Pass On Project 2025's Disparate Impact Plan

The Trump administration should reject Project 2025's call to eliminate the disparate impact doctrine because, as its pro-business Republican creators intended, a focus on dismantling unnecessary barriers to qualified job candidates serves companies' best interests more successfully than the alternatives, says Susan Carle at American University.
Series

Playing Rugby Makes Me A Better Lawyer

My experience playing rugby, including a near-fatal accident, has influenced my legal practice on a professional, organizational and personal level by showing me the importance of maintaining empathy, fostering team empowerment and embracing the art of preparation, says James Gillenwater at Greenberg Traurig.
Opinion

No, Litigation Funders Are Not 'Fleeing' The District Of Del.

A recent study claimed that litigation funders have “fled” Delaware federal court due to a standing order requiring disclosure of third-party financing, but responsible funders have no problem litigating in this jurisdiction, and many other factors could explain the decline in filings, say Will Freeman and Sarah Tsou at Omni Bridgeway.
The Compliance Trends And Imperatives On Tap In 2025

The corporate ethics and compliance landscape is rapidly evolving, posing challenges from conflicting stakeholder expectations to technological disruptions, and businesses will need to explore human-centered, data-driven and evidence-based practices, says Hui Chen at CDE Advisors.
How Trump Presidency May Influence NLRB's Next Phase

Attorneys at Paul Hastings discuss how last year’s key National Labor Relations Board developments may progress once President-elect Donald Trump takes office, including the wave of lawsuits challenging the board’s constitutionality and two landmark board decisions that upset decades of precedent.
Top 10 Noncompete Developments Of 2024

Following an eventful year in noncompete law at both state and federal levels, employers can no longer rely on a court's willingness to blue-pencil overbroad agreements and are proceeding at their own peril if they do not thoughtfully review and carefully enforce such agreements, say attorneys at Faegre Drinker.
5 E-Discovery Predictions For 2025 And Beyond

In the year to come, e-discovery will be shaped by new and emerging trends, from the adoption of artificial intelligence provisions in protective orders, to the proliferation of emojis as a source of evidence in contemporary litigation, say attorneys at Littler.
Celebs' Suits Show Limits Of Calif. Anti-SLAPP Laws

Two recent cases including Amanda Ghost v. Rebel Wilson and Leviss v. Sandoval highlight the delicate balancing act courts must perform in weighing free speech against privacy and reputational harm under California's robust anti-strategic lawsuit against public participation laws, say attorneys at Nixon Peabody.
2 Cases May Signal Where FTC Is Headed On Labor Issues

Two recent Federal Trade Commission challenges to no-hire clauses in agreements between building service firms and their customers include comments by future FTC Chair Andrew Ferguson that may offer insight into the direction the FTC is headed on labor issues, says Michael Wise at Squire Patton.
How Decline Of Deference Will Affect Trump Policymaking

An administrative law regime without Chevron deference may limit the Trump administration’s ability to implement new policies in the short term, but ultimately help it in the long term, and all parties with an interest in regulatory changes will have to take a fresh approach to litigation, say attorneys at Covington.
5 Evolving Concerns For Family Offices In 2025

Complex regulatory changes and emerging operational risks will force family offices to stay on their toes in 2025, with timely action particularly necessary to address several tax and reporting developments that may affect their investments and business operations, say attorneys at Morgan Lewis.
New Law In NY Places Employee NIL Rights In Spotlight

New York recently became the first state to codify name, image and likeness rights for models, but as such protections seemingly expand for individual employees across industries, employers may want to brush up on related case law, and update their handbooks and policies accordingly, says Timothy Bechen at Woods Rogers.
Expect A Big Shake Up At The EEOC Under 2nd Trump Admin

During President-elect Donald Trump’s second term, the U.S. Equal Employment Opportunity Commission is likely to significantly shift its focus and priorities, especially where workplace DEI initiatives, immigration enforcement, LGBTQ+ rights and pregnancy protections are concerned, say attorneys at Stoel Rives.