Employment

  • April 23, 2025

    Saladworks Operator Must Face Worker's Unpaid OT Suit

    A Pennsylvania-based franchisee of fast-casual salad eatery Saladworks cannot escape a proposed collective action accusing it of misclassifying assistant managers as overtime-exempt, a federal judge ruled Wednesday, rejecting the company's argument that there aren't enough assistant managers to support a collective.

  • April 23, 2025

    Vanderbilt QB Fights To Protect NCAA Eligibility At 6th Circ.

    Attorneys for Vanderbilt University quarterback Diego Pavia urged the Sixth Circuit to leave in place a lower court's rebuke of the NCAA's rule limiting eligibility for junior-college athletes, stressing that the disputed restrictions are a flagrant violation of antitrust law.

  • April 23, 2025

    Judge Likely To Block Trump Collective-Bargaining Ban

    A D.C. federal judge appeared ready on Wednesday to block President Donald Trump's executive order threatening to strip as many as 100,000 federal employees of their collective bargaining power, saying the order seems to target unions because they've challenged his actions, not because of any purported national security justification.

  • April 23, 2025

    Worker Claims Tech Co. Owes Pay For Time Spent Starting Up

    A tech company failed to pay employees for the time they spent booting up and logging into their computers before being able to start their work, a customer service worker said in a proposed class and collective action filed in Michigan federal court.

  • April 23, 2025

    United Flight Attendants Say Airline Owes Overtime Pay

    United Airlines pays flight attendants only for the time they work during flights and declines to pay them any wages or overtime for pre- and post-flight tasks they're required to complete, according to a proposed class action filed in Illinois state court.

  • April 22, 2025

    Trump Appointees Raise Eyebrows At Trans Troop Ban

    Despite a panel made mostly of Trump appointees, the D.C. Circuit seemed skeptical Tuesday morning as it heard out the government's argument for why it should be allowed to implement its ban on transgender troops in the military while litigation challenging that policy plays out.

  • April 22, 2025

    Texas Court Questions $55M Arbitration Award's Validity

    A Texas appeals panel asked why a $55 million arbitration award to the former director of a Dallas alternative asset investment company can't float just because the arbitrator based the damages on securities filings, saying Tuesday that arbitrators have broad discretion to determine damages.

  • April 22, 2025

    Justices Urged To Deny Jan. 6 Cops' Bid To Shield Identities

    The U.S. Supreme Court should reject an appeal from Seattle cops who joined the Jan. 6 "Stop the Steal" demonstration in D.C. and now want to stay incognito, according to a former law school student on Tuesday who sought police records identifying the officers and who said U.S. Supreme Court rules require the officers to seek relief in Washington state court. 

  • April 22, 2025

    Wash. Appeals Panel Revives State Patrol Commute Pay Suit

    Washington state troopers can sue their employer directly in superior court over alleged minimum wage violations before exhausting the grievance process under collective bargaining agreements, an Evergreen State appellate court said Tuesday, distinguishing the challenged policies from the union contracts.

  • April 22, 2025

    Reporters Extend Block On Plan Threatening Voice Of America

    A D.C. federal judge on Tuesday extended an earlier order blocking the Trump administration from dismantling the agency that oversees Voice of America, saying the coalition of journalists, unions and a reporter advocacy group seeking the preliminary injunction demonstrated the likelihood of "irreparable harm" absent the relief.

  • April 22, 2025

    Ga. County Freed From Court Worker's Age, ADA Bias Claims

    A Georgia federal judge ended a lawsuit against Fulton County, Georgia, brought by a former juvenile court employee who said her firing constituted age and disability discrimination, ruling Tuesday that there was no dispute it was the court — not the county — that she should have sued.

  • April 22, 2025

    Trump Admin Fights Groups' Bid To Stop Library Agency Cuts

    The Constitution vests President Donald Trump with the authority to reduce the size of the agency that disburses grants to U.S. libraries, the Trump administration told a Washington, D.C., federal judge, opposing two groups' attempt to reverse recent cuts to the Institute of Museum and Library Services.

  • April 22, 2025

    Temp Workers Sue Fresh Express Over Alleged Safety Hazards

    Six temporary workers claimed in a potential class action filed Monday that salad kit maker Fresh Express failed to train them to operate dangerous equipment or mitigate safety risks and that the staffing agencies that sent them there failed to pay wages comparable to what their hired employees make in violation of Illinois law.

  • April 22, 2025

    Former NLRB GC Abruzzo Lands At Bush Gottlieb, CWA

    Former National Labor Relations Board general counsel Jennifer Abruzzo has landed two post-board gigs as an attorney with union-side firm Bush Gottlieb and a senior adviser to the president of the Communications Workers of America, her new employers announced Tuesday.

  • April 22, 2025

    Ark. Offers Credit For 50% Of New Payroll For HQ Relocations

    Arkansas created an income tax credit for businesses that relocate their corporate headquarters to the state equal to up to 50% of their payroll for qualifying employees under a bill signed by Gov. Sarah Huckabee Sanders.

  • April 22, 2025

    J&J Ends Trade Secrets Suit Against Now Deceased Ex-Exec

    Johnson & Johnson has reached a settlement with the estate of a former executive that it accused of stealing confidential files when he left the company to work for Pfizer, but who died in the middle of the litigation, the parties told a New Jersey federal court.

  • April 22, 2025

    Wells Fargo Worker Wants Disability Bias Suit Kept In Play

    Wells Fargo cannot shut down a senior finance manager's lawsuit alleging she faced backlash after she sought to work remotely because of health issues, the employee told a North Carolina federal court, saying she put forward enough detail to show she suffered discriminatory actions.

  • April 22, 2025

    GAO Report Looks At Gen AI's Environmental, Human Effects

    Generative AI's promises to boost productivity and transform industries could benefit people, but it also comes with risks of social harm, and its effects on the environment remain unclear, the U.S. Government Accountability Office said in a report released Tuesday.

  • April 22, 2025

    ​​​​​​​Litigation Firm Says Ex-Client's Subpoena Warrants Sanction

    The New York-based employment litigation boutique that represented a former Kirkland & Ellis LLP attorney in her now-settled sex discrimination suit against the BigLaw firm has asked a California federal court to quash a subpoena she filed seeking confidential firm information and sanction her.

  • April 22, 2025

    NC Sheriff's Office Settles Workers' Wage Class Action

    A North Carolina sheriff's office reached a deal with a class of detention center employees to end their lawsuit alleging they were underpaid because the sheriff paid them for a flat number of hours without considering that their work schedules varied, according to a filing in federal court.

  • April 22, 2025

    In Trump Standoff, Harvard Has Law And Money On Its Side

    With strong free-speech arguments and plenty of cash at its disposal, Harvard University appears better positioned than most Trump administration foes to win a high-stakes and closely watched showdown over threats to cut off funding, experts told Law360.

  • April 22, 2025

    Anticipating NIL Deal, NCAA Changes Athlete Pay Rules

    The NCAA has officially adopted policy changes that will allow college athletes to be paid, to go into effect when the $2.78 billion antitrust settlement between schools and athletes receives final court approval.

  • April 22, 2025

    Lamborghini Stole Steering Wheel Trade Secrets, Suit Says

    An Italian auto racing engineering support company has sued Lamborghini in Texas federal court, accusing the sports car manufacturer of swiping trade secrets related to steering wheel setups in vehicles used to compete in races like the 24 Hours of Le Mans.

  • April 22, 2025

    Wells Fargo 'Sham' Hiring Suit Delayed For Mediation

    A California federal judge agreed to move deadlines in a proposed investor class action accusing Wells Fargo of conducting "sham" job interviews to meet diversity targets that later triggered a stock drop when the practice was revealed, citing plans to attempt mediation in May.

  • April 22, 2025

    Religious Carveout Can't Shield Aid Group From Gay Bias Suit

    A religious humanitarian nonprofit violated Maryland law by terminating health insurance for a gay ex-worker's husband, a federal judge ruled, saying a statutory exemption for religious organizations didn't apply because the former employee's data analyst job didn't support the group's core mission.

Expert Analysis

  • Firms Must Embrace Alternative Billing Models Or Fall Behind

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    As artificial intelligence tools eliminate inefficiencies and the Big Four accounting firms enter the legal market, law firms that pivot from the entrenched billable hour model to outcomes-based pricing will see a distinct competitive advantage, says attorney William Brewer.

  • How Attorneys Can Master The Art Of On-Camera Presence

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    As attorneys are increasingly presented with on-camera opportunities, they can adapt their traditional legal skills for video contexts — such as virtual client meetings, marketing content or media interviews — by understanding the medium and making intentional adjustments, says Kerry Barrett.

  • Series

    Baseball Fantasy Camp Makes Me A Better Lawyer

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    With six baseball fantasy experiences under my belt, I've learned time and again that I didn't make the wrong career choice, but I've also learned that baseball lessons are life lessons, and I'm a better lawyer for my time at St. Louis Cardinals fantasy camp, says Scott Felder at Wiley.

  • DOJ Immigration Playbook May Take Cues From A 2017 Case

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    A record criminal resolution with a tree trimming company accused of knowingly employing unauthorized workers in 2017 may provide clues as to how the U.S. Department of Justice’s immigration crackdown will touch American companies, which should prepare now for potential enforcement actions, says Jonathan Porter at Husch Blackwell.

  • Series

    Adapting To Private Practice: From Fed. Prosecutor To BigLaw

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    Making the jump from government to private practice is no small feat, but, based on my experience transitioning to a business-driven environment after 15 years as an assistant U.S. attorney, it can be incredibly rewarding and help you become a more versatile lawyer, says Michael Beckwith at Dickinson Wright.

  • How Justices Rule On Straight Bias May Shift Worker Suits

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    Following oral argument at the U.S. Supreme Court in Ames v. Ohio Department of Youth Services, in which a heterosexual woman sued her employer for sexual orientation discrimination, the forthcoming decision may create a perfect storm for employers amid recent attacks on diversity, equity and inclusion, say attorneys at Proskauer.

  • Rebuttal

    6 Reasons Why Arbitration Offers Equitable Resolutions

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    Contrary to a recent Law360 guest article, arbitration provides numerous benefits to employees, consumers and businesses alike, ensuring fair and efficient dispute resolution without the excessive fees, costs and delays associated with traditional litigation, say attorneys at Proskauer.

  • PG&E Win Boosts Employers' Defamation Defense

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    A California appeals court's recent Hearn v. PG&E ruling, reversing a $2 million verdict against PG&E related to an ex-employee’s retaliation claims, provides employers with a stronger defense against defamation claims tied to termination, but also highlights the need for fairness and diligence in internal investigations and communications, say attorneys at Kaufman Dolowich.

  • Jurisdiction Argument In USAID Dissent Is Up For Debate

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    A dissent refuting the U.S. Supreme Court’s recent order directing the U.S. Agency for International Development to pay $2 billion in frozen foreign aid argued that claims relating to already-completed government contract work belong in the U.S. Court of Federal Claims – answering an important question, but with a debatable conclusion, says Steven Gordon at Holland & Knight.

  • How Importers Can Minimize FCA Risks Of Tariff Mitigation

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    False Claims Act risks are inherent in many tariff mitigation strategies, making it important for importers to implement best practices to identify and report potential violations of import regulations before they escalate, says Samuel Finkelstein at LMD Trade Law.

  • Explaining CFPB's Legal Duties Under The Dodd-Frank Act

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    While only Congress can actually eradicate the Consumer Financial Protection Bureau, the Trump administration has sought to significantly alter the agency's operations, so it's an apt time to review the minimum baseline of activities that Congress requires of the CFPB in Title X of the Dodd-Frank Act, say attorneys at Bradley Arant.

  • Firms Still Have Lateral Market Advantage, But Risks Persist

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    Partner and associate mobility data from the fourth quarter of 2024 shows that we’re in a new, stable era of lateral hiring where firms have the edge, but leaders should proceed cautiously, looking beyond expected revenue and compensation analyses for potential risks, say Julie Henson and Greg Hamman at Decipher Investigative Intelligence.

  • Employer Tips To Navigate Cultural Flashpoints Investigations

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    As companies are increasingly flooded with complaints of employees violating policies related to polarizing social, cultural or political issues, employers should beware the distinct concerns and increased risk in flashpoints investigations compared to routine workplace probes, say attorneys at Seyfarth.

  • Opinion

    We Must Allow Judges To Use Their Independent Judgment

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    As two recent cases show, the ability of judges to access their independent judgment crucially enables courts to exercise the discretion needed to reach the right outcome based on the unique facts within the law, says John Siffert at Lankler Siffert & Wohl.

  • Class Actions At The Circuit Courts: March Lessons

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    In this month's review of class actions appeals, Mitchell Engel at Shook Hardy discusses three federal appellate court decisions and identifies practice tips from cases involving antitrust allegations against coupon processing services, consumer fraud and class action settlements.

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