Employment

  • August 23, 2024

    Employment Authority: 5 Wage Priorities In Dems Platform

    Law360 Employment Authority covers the biggest employment cases and trends. Catch up this week with coverage on wage priorities within the party platform for Democrats, how an Illinois law that includes protections for workers from artificial intelligence shows workplaces are a focus of limiting AI bias and a review of the National Labor Relations Board's Cemex decision one year after the standard was issued.

  • August 23, 2024

    NC Justice Dept. Atty's Promotion Bias Suit Cleared For Trial

    The North Carolina Department of Justice will face an attorney's race and sex discrimination claims at trial after a federal judge rejected the agency's bid for summary judgment, finding that a dispute remains about whether there was a legitimate reason for not promoting her.

  • August 23, 2024

    Transport Co.'s Union Pushback Flouted Law, Judge Says

    A company that transports migrant children and families from facilities at the U.S.-Mexico border violated federal labor law through its pushback on a union drive, which included interrogating a worker about his union sympathies and later suspending him, a National Labor Relations Board judge ruled Friday.

  • August 23, 2024

    FTC Regroups After Noncompete Setbacks In Florida, Texas

    A Florida federal judge on Friday suspended a deadline given to the Federal Trade Commission to respond to a lawsuit challenging a worker noncompete ban after the agency requested more time to discuss next steps following recent setbacks against the rule in Texas and the Sunshine State.

  • August 23, 2024

    Ex-Reed Smith Atty Wants Pay Data In Bias Suit Against Firm

    A former Reed Smith LLP attorney suing the firm for gender discrimination has told a New Jersey state court that the firm must turn over pay data for nonequity partners stretching back years for her to make her case.

  • August 23, 2024

    Federal Gov't Hits Georgia Tech With Cybersecurity FCA Suit

    The federal government has hit the Georgia Institute of Technology with a False Claims Act suit accusing the university of knowingly failing to comply with required cybersecurity standards while working on federal defense contracts.

  • August 23, 2024

    Longshoremen's Union Defeats Fair Representation Claims

    An International Longshoremen's Association local has defeated three members' accusations that it breached its duty of fair representation by funneling work opportunities to union leaders' family and friends, with a Georgia federal judge ruling the allegations were based on speculation.

  • August 23, 2024

    Ga. Worker Received Lewd Pics From Boss's Son, Suit Says

    An Atlanta-area industrial machinery manufacturer was hit with a sex discrimination lawsuit by an employee who says she was berated by her boss after reporting the boss' son for sexual harassment.

  • August 23, 2024

    5th Circ. Strikes Down DOL Tip Rule

    The Fifth Circuit struck down a U.S. Department of Labor rule on tipped wages, saying it goes against the Fair Labor Standards Act and is therefore arbitrary and capricious.

  • August 23, 2024

    HVAC Co. Nets $3 Damages Award Against Sanctioned Ex-VP

    A heating, ventilation and air-conditioning company that won its trade secrets suit against a former vice president by default will get just $3 in damages after the North Carolina Business Court found it failed to prove any lost profits or malicious intent sufficient to support the requested seven-figure award.

  • August 23, 2024

    Ga. Judge Denies FLSA Settlement Again Over Fee Proposal

    A Georgia federal judge has, for the second time, refused to sign off on a settlement that would've ended a suit between a corporate office furnisher and a fired employee, finding the plaintiff's counsel's proposed hourly rate for attorney fees "far exceeds" reasonableness.

  • August 23, 2024

    Ex-Pot Shop Worker Says Sex Harassment Drove Her From Job

    A former employee at a Los Angeles marijuana dispensary is suing her ex-employer, saying she was subjected to "persistent and horrible" sexual harassment and denied her promised pay and benefits, leading to what she describes as wrongful constructive termination.

  • August 23, 2024

    Workers Ask 6th Circ. To Remand UAW Bribery Scheme Row

    A group of engineers urged the Sixth Circuit to make a lower court send their fraud and civil conspiracy claims against the United Auto Workers and Fiat Chrysler back to Michigan state court, arguing they fall under state law and do not require interpretation of a labor contract.

  • August 23, 2024

    NJ Panel Backs Dismissal Of Whistleblower Suit

    A former New Jersey assistant prosecutor did not provide a clear enough link between complaints he filed against his boss and an alleged retaliatory disciplinary action, a New Jersey appellate panel ruled Friday when it dismissed his whistleblower suit.

  • August 23, 2024

    Off The Bench: Sunday Ticket Twist, Dartmouth-NLRB Clash

    The NFL comes out of the Sunday Ticket trial with a clean slate, Dartmouth is hit with an unfair labor practice charge by its basketball players, and U.S. Tennis doesn't get a do-over on its handling of a sexual assault case. Law360 is here to catch you up on the sports and betting stories that had our readers talking.

  • August 23, 2024

    UK Litigation Roundup: Here's What You Missed In London

    The past week in London has seen Google sue several Russian media outlets in response to challenges to the tech giant's response to international sanctions, easyGroup bring an intellectual property claim against delivery company Easycargo, and e-money business Nyavo challenge action by the Financial Conduct Authority.

  • August 23, 2024

    Georgia IP Firm Settles Attorney's Wrongful Firing Suit

    A Georgia attorney and the Atlanta-based intellectual property firm where he used to work have reached a settlement ending the attorney's lawsuit alleging the firm violated the Uniformed Services Employment and Reemployment Rights Act by cutting his hours and then firing him after he returned from his annual two-week tour of duty with the Air Force Reserve.

  • August 22, 2024

    Split 6th Circ. Reopens Coca-Cola Bottling Race Bias Case

    A split Sixth Circuit panel Thursday revived a lawsuit filed against a Coca-Cola bottling company by an employee who failed a drug test, finding a genuine dispute exists over whether the man voluntarily waived his rights to sue for racial discrimination and retaliation when he signed a "last chance" agreement.

  • August 22, 2024

    Calif. Justices OK Argentine Atty's Uber Fraud Fight

    California justices gave an Argentinian lawyer a green light Thursday to pursue allegations that Uber fraudulently hid crucial information as he represented Uber before its Buenos Aires launch, clarifying that his tort fraudulent-concealment claim is not necessarily barred by the so-called economic loss doctrine if his employment contract never contemplated the alleged fraud.

  • August 22, 2024

    6th Circ. Reopens Red Cross Nurse's COVID-19 Vax Suit

    The Sixth Circuit revived a former Red Cross nurse's claim that the nonprofit organization failed to accommodate her religious beliefs when it refused to exempt her from its COVID-19 vaccine mandate, ruling that the lower court held the plaintiff to an overly strict standard when it tossed her suit.

  • August 22, 2024

    NLRB Stops Accepting Consent Orders That Parties Oppose

    The National Labor Relations Board overruled on Thursday a Trump-era precedent by ceasing the agency's acceptance of consent orders that face objections from both agency prosecutors and the charging party, finding the practice encroaches on the NLRB general counsel's powers.

  • August 22, 2024

    9th Circ. Revives Military Bias Claims Against Alaska Airlines

    The Ninth Circuit on Thursday revived a class action alleging Alaska Airlines illegally denied accrued vacation and sick time to pilots on military assignments, saying the case now has the benefit of a decision from the court in a similar case involving the airline.

  • August 22, 2024

    9th Circ. Won't Force Yellow Corp. Bias Suit Into Arbitration

    The Ninth Circuit refused Thursday to kick a former Yellow Corp. employee's disability discrimination lawsuit to arbitration, ruling the agreement the worker signed was improperly lopsided in favor of his employer and had to be scrapped.

  • August 22, 2024

    Prince Lobel Adds Boston IP Partner From Mintz

    The newest member of Prince Lobel Tye LLP's intellectual property team is a former professional soccer player who now channels his competitive energy into patent and trade secrets litigation, joining the firm after 11 years at Mintz Levin Cohn Ferris Glovsky and Popeo PC with a mandate to build up Prince Lobel's trade secrets practice.

  • August 22, 2024

    Philly Contractor Gets Probation For Taking Union Money

    A Philadelphia contractor who accepted union money embezzled by John Dougherty, former business manager of the International Brotherhood of Electrical Workers Local 98, to renovate the labor leader's personal properties was sentenced to three years of probation Thursday.

Expert Analysis

  • 4 Steps To Repair Defense Credibility In Opening Statements

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    Given the continued rise of record-breaking verdicts, defense counsel need to consider fresh approaches to counteract the factors coloring juror attitudes — starting with a formula for rebuilding credibility at the very beginning of opening statements, says Ken Broda-Bahm at Persuasion Strategies.

  • Compliance Countdown To New Calif. Workplace Safety Rules

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    Nearly all California employers should be taking steps to prepare for the July 1 deadline to comply with a Labor Code update that will introduce the first general industry workplace violence prevention safety requirements in the U.S., say attorneys at Littler.

  • Arbitration Implications Of High Court Coinbase Ruling

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    The U.S. Supreme Court's recent Coinbase v. Suski ruling not only reaffirmed the long-standing principle that arbitration is a matter of contract, but also established new and more general principles concerning the courts' jurisdiction to decide challenges to delegation clauses and the severability rule, say Tamar Meshel at the University of Alberta.

  • Prejudicial Evidence Takeaways From Trump Hush Money Trial

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    The Manhattan District Attorney's Office's prosecution and conviction of former President Donald Trump on 34 felony counts provides a lesson on whether evidence may cause substantial unfair prejudice, or if its prejudicial potential is perfectly fair within the bounds of the law, says Reuben Guttman at Guttman Buschner.

  • Top 5 Issues For Employers To Audit Midyear

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    Six months into 2024, developments from federal courts and regulatory agencies should prompt employers to reflect on their progress regarding artificial intelligence, noncompetes, diversity initiatives, religious accommodation and more, say Allegra Lawrence-Hardy and Lisa Haldar at Lawrence & Bundy.

  • After A Brief Hiccup, The 'Rocket Docket' Soars Back To No. 1

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    The Eastern District of Virginia’s precipitous 2022 fall from its storied rocket docket status appears to have been a temporary aberration, as recent statistics reveal that the court is once again back on top as the fastest federal civil trial court in the nation, says Robert Tata at Hunton.

  • Addressing Labor Shortages In The Construction Industry

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    As the construction industry's ongoing struggle with finding sufficient skilled workers continues, companies should consider a range of solutions including a commitment to in-house training and creative contracting protocols, say Brenda Radmacher and Allison Etkin at Akerman.

  • Tailoring Compliance Before AI Walks The Runway

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    Fashion industry players that adopt artificial intelligence to propel their businesses forward should consider ways to minimize its perceived downsides, including potential job displacements and algorithmic biases that may harm diversity, equity and inclusion efforts, say Jeffrey Greene and Ivory Djahouri at Foley & Lardner.

  • Recruitment Trends In Emerging Law Firm Frontiers

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    BigLaw firms are facing local recruitment challenges as they increasingly establish offices in cities outside of the major legal hubs, requiring them to weigh various strategies for attracting talent that present different risks and benefits, says Tom Hanlon at Buchanan Law.

  • Series

    Glassblowing Makes Me A Better Lawyer

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    I never expected that glassblowing would strongly influence my work as an attorney, but it has taught me the importance of building a solid foundation for your work, learning from others and committing to a lifetime of practice, says Margaret House at Kalijarvi Chuzi.

  • 3 Surprising Deposition Dangers Attorneys Must Heed

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    Attorneys often do not think of discovery as a particularly risky phase of litigation, but counsel must closely heed some surprisingly strict and frequently overlooked requirements before, during and after depositions that can lead to draconian consequences, says Nate Sabri at Perkins Coie.

  • What Employers Need To Know About Colorado's New AI Law

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    The Colorado AI Act, enacted in May and intended to regulate the use of high-risk artificial intelligence systems to prevent algorithmic discrimination, is broad in scope and will apply to businesses using AI for certain employment purposes, imposing numerous compliance obligations and potential liability, say Laura Malugade and Owen Davis at Husch Blackwell.

  • Opinion

    Paid Noncompetes Offer A Better Solution Than FTC's Ban

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    A better alternative to the Federal Trade Commission's recent and widely contested noncompete ban would be a nationwide bright-line rule requiring employers to pay employees during the noncompete period, says Steven Kayman at Rottenberg Lipman.

  • How Associates Can Build A Professional Image

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    As hybrid work arrangements become the norm in the legal industry, early-career attorneys must be proactive in building and maintaining a professional presence in both physical and digital settings, ensuring that their image aligns with their long-term career goals, say Lana Manganiello at Equinox Strategy Partners and Estelle Winsett at Estelle Winsett Professional Image Consulting.

  • Firms Must Rethink How They Train New Lawyers In AI Age

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    As law firms begin to use generative artificial intelligence to complete lower-level legal tasks, they’ll need to consider new ways to train summer associates and early-career attorneys, keeping in mind the five stages of skill acquisition, says Liisa Thomas at Sheppard Mullin.

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