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Employment
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March 17, 2025
Split 9th Circ. Won't Halt Federal Workers Reinstatement Order
A divided Ninth Circuit panel on Monday denied President Donald Trump's administration an immediate administrative stay of a California district court order requiring reinstatement of some probationary federal workers fired from six agencies, the majority saying a pause "would disrupt the status quo and turn it on its head."
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March 17, 2025
X Corp. Says Dismissal, Sanctions Go Together In Bonus Suit
A former X Corp. senior director of compensation engaged in "vexatious conduct" that should not allow him to drop his suit claiming unpaid bonuses without sanctions, the social media platform told a California federal judge.
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March 17, 2025
NLRB Prosecutors Withdraw Immigrant Detainee Complaint
National Labor Relations Board prosecutors have pulled a novel suit accusing immigrant detention center operator GEO Group of violating federal labor law by punishing detainees for protesting their working conditions.
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March 17, 2025
Co. Mislabeled Migrant Workers To Skirt Higher Pay, Suit Says
A Colorado company called over 200 migrant workers "agricultural equipment operators" instead of truck drivers to pay them lower wages, even though their job was to haul product across state lines in trucks, not operate agricultural equipment in fields, a new proposed class action in Colorado federal court alleges.
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March 17, 2025
2nd Circ. Sends Amazon Wage Question To Conn. Justices
The Second Circuit asked Connecticut's top court Monday to weigh in on whether employees are owed pay for their time spent undergoing post-shift anti-theft screenings, saying the state's justices have not yet provided guidance on this matter.
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March 17, 2025
UK Court Affirms £300K Tax Bill For Ex-Soccer Star's TV Gig
The First-tier Tribunal was correct to find that Sky UK Ltd. employed Phil Thompson, the former captain of the Liverpool Football Club, for television appearances through his intermediary company that is liable for nearly £300,000 ($390,000) in income tax and national insurance contributions, the Upper Tribunal said Monday.
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March 17, 2025
Rippling Accuses HR Rival Of 'Brazen' Corporate Espionage
Human resources service provider Rippling hit rival Deel Inc. with a trade secret theft lawsuit in California federal court Monday, accusing Deel of placing a spy in Rippling's Dublin office in a "brazen," calculated and illegal corporate espionage scheme to steal its confidential intellectual property.
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March 17, 2025
20 Law Firms Face EEOC Demands For DEI Employment Info
The U.S. Equal Employment Opportunity Commission has written to 20 law firms seeking information about their diversity, equity and inclusion-related employment practices, the agency announced Monday.
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March 17, 2025
Vituity Inks $8.75M Deal To End 401(k) Excessive Fee Suit
Healthcare management company Vituity has agreed to pay $8.75 million to resolve a proposed class action alleging it excessively charged workers $600 in annual retirement plan management fees in violation of federal benefits law, according to a California federal court filing.
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March 17, 2025
American Airlines Pension Data Suit Transferred To Texas
American Airlines can ship to Texas a proposed class action alleging the company used outdated statistics to calculate retirees' pension payments, an Illinois federal judge ruled, finding the worker leading the case was one of the only things tying the suit to Illinois.
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March 17, 2025
Pot Staffing Co. Wants COVID-19 Relief Contract Wiped Out
A cannabis industry online staffing company and its parent company are suing a consultant in Colorado state court, alleging that it failed to do any work on a contract to win COVID-19 relief from the IRS but is demanding $474,000 in payments.
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March 17, 2025
House Panel Probes Medical Residency Antitrust Exemption
The chair of the House Judiciary Committee's antitrust panel is looking into whether to do away with an antitrust exemption Congress granted over 20 years ago to the medical residency matching system, which the congressman said could be harming new doctors and even patients.
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March 17, 2025
Trump Revokes Fed. Contractor Wage Order That Led To Suits
President Donald Trump rescinded former President Joe Biden's executive order increasing the minimum wage for federal contract workers to $15 an hour, leaving an uncertain future for the U.S. Department of Labor rule implementing the order and ongoing court challenges to the rule.
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March 17, 2025
Ogletree Adds Ex-Aleshire & Wynder Practice Leader
Labor and employment firm Ogletree Deakins Nash Smoak & Stewart PC announced Monday that it has hired the former leader of Aleshire & Wynder LLP's Oakland, California, office and employment litigation practice to ramp up its efforts to serve public-sector clients and others.
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March 17, 2025
DOL Urges 5th Circ. To Keep Contractor Wage Hike Ruling
Former President Joe Biden had the authority to raise the minimum wage for federal contractors through a presidential executive order, the Trump administration's U.S. Department of Labor said, urging the full Fifth Circuit to leave in place a panel's decision backing the wage hike.
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March 17, 2025
Pittsburgh Workers Challenge City's Residency Requirement
A bargaining unit representing maintenance workers for the city of Pittsburgh claims an amendment to the city charter requiring them to live within city limits should be thrown out, pointing to a court ruling that tossed a similar requirement for Pittsburgh police officers.
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March 17, 2025
Asylum-Seeker Says Biz Owner Forced Him Into 'Servitude'
A Colorado business owner forced a Venezuelan migrant into working 100 hours a week without any pay and dangled the potential deportation of him and his family over his head so he wouldn't quit, a lawsuit filed in federal court said.
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March 17, 2025
Feds Defend Prof's Deportation As Arnold & Porter Withdraws
Government lawyers told a Massachusetts federal judge Monday they did not disobey a court order halting the deportation of a Brown University doctor and professor with an H-1B visa, as a team of Arnold & Porter Kaye Scholer LLP lawyers who lobbed that claim abruptly withdrew from the case.
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March 17, 2025
OSU Fired Black Coach Over Diversity Advocacy, Suit Says
The Ohio State University fired a Black assistant cheerleading coach because she called out what she saw as a lack of diversity in the school's athletics department, according to a federal suit.
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March 17, 2025
Ex-Seton Hall Law Worker Avoids Jail In Embezzlement Case
A former employee of Seton Hall University School of Law was sentenced Monday to two years of probation with one year of electronic monitoring for her guilty plea in an embezzlement scheme that defrauded the school of $1.3 million over 13 years.
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March 14, 2025
Trump Revokes Paul Weiss Security Clearances
Paul Weiss Rifkind Wharton & Garrison LLP became the third law firm to have workers' security clearances suspended by President Donald Trump, who signed the executive order Friday, citing the firm's DEI hiring practices and the decision by a former attorney there to assist the Manhattan district attorney's investigation of Trump.
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March 14, 2025
4th Circ. Lets White House Anti-DEI Efforts Proceed
The Fourth Circuit on Friday lifted a temporary injunction blocking President Donald Trump's administration from implementing the bulk of his executive orders targeting diversity, equity and inclusion programs, though each judge on the panel had differing views on the matter.
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March 14, 2025
Looming Virginia AI Bill Likely Just Start Of State Law Flood
Virginia is on the brink of becoming the second state to regulate high-risk uses of artificial intelligence, a move that would kick-start the formation of a patchwork that is similar to the one emerging in the data privacy realm and that is expected to rapidly expand in the wake of the federal government's disavowal of stringent rules in the AI space.
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March 14, 2025
Employment Authority: McFerran Talks Trump, NLRB's Future
Law360 Employment Authority covers the biggest employment cases and trends. Catch up this week with an exclusive interview with former National Labor Relations Board Chairman Lauren McFerran, a glimpse at important developments with diversity, equity and inclusion cases, and a review of incoming U.S. Department of Labor Secretary Lori Chavez-DeRemer's record.
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March 14, 2025
Chocolate-Makers Can't Keep Child Labor Suit In Fed. Court
Mars Inc. and other chocolate-makers have lost their bid to keep in federal court a suit claiming they falsely advertised their products as being made without child slave labor, with a federal judge finding the alleged damages weren't high enough to trigger federal jurisdiction.
Expert Analysis
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Opinion
NCAA Name, Image, Likeness Settlement Is A $2.8B Mistake
While the plaintiffs in House v. NCAA might call the proposed settlement on name, image and likeness payments for college athletes a breakthrough, it's a legally dubious Band-Aid that props up a system favoring a select handful of male athletes at the expense of countless others, say attorneys at Clifford Chance.
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Recent Cases Clarify FCA Kickback Pleading Standards
Two recently resolved cases involving pharmaceutical manufacturers may make it more difficult for False Claims Act defendants facing kickback scheme allegations to get claims dismissed for lack of evidence, say Li Yu at Bernstein Litowitz, Ellen London at London & Noar, and Gregg Shapiro at Gregg Shapiro Law.
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Determining What 'I Don't Feel Safe' Means In The Workplace
When an employee tells an employer "I don't feel safe," the phrase can have different meanings, so employment lawyers must adequately investigate to identify which meaning applies — and a cursory review and dismissal of the situation may not be a sufficient defense in case of future legal proceedings, says Karen Elliott at FordHarrison.
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Steps For Federal Grantees Affected By Stop-Work Orders
Broad changes in federal financial assistance programs are on the horizon, and organizations that may receive a stop-work order from a federal agency must prepare to be vigilant and nimble in a highly uncertain legal landscape, say attorneys at Arnold & Porter.
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FLSA Ruling Shows Split Over Court Approval Of Settlements
A Kentucky federal court's recent ruling in Bazemore v. Papa John's highlights a growing trend of courts finding they are not required, or even authorized, to approve private settlements releasing Fair Labor Standards Act claims, underscoring a jurisdictional split and open questions that practitioners need to grapple with, say attorneys at Vedder Price.
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How EEOC Enforcement Priorities May Change Under Trump
The U.S. Equal Employment Opportunity Commission has already been rocked by the Trump administration's dramatic changes in personnel and policy, which calls into question how the agency may shift its direction from the priorities set forth in its five-year strategic enforcement plan in 2023, say attorneys at Seyfarth.
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7 Tips For Associates To Thrive In Hybrid Work Environments
Excerpt from Practical Guidance
As the vast majority of law firms have embraced some type of hybrid work policy, associates should consider a few strategies to get the most out of both their in-person and remote workdays, says James Argionis at Cozen O’Connor.
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Series
Playing Beach Volleyball Makes Me A Better Lawyer
My commitment to beach volleyball has become integral to my performance as an attorney, with the sport continually reminding me that teamwork, perseverance, professionalism and stress management are essential to both undertakings, says Amy Drushal at Trenam.
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Managing Anti-Corporate Juror Views Revealed By CEO Killing
After the shooting of UnitedHealthcare CEO Brian Thompson laid bare deep-seated anti-corporate sentiments among the public, companies in numerous industries will have to navigate the influence of related juror biases on litigation dynamics, say Jorge Monroy and Keith Pounds at IMS Legal Strategies.
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If Elphaba Had Signed A Restrictive Covenant In 'Wicked'
Following the recent big-screen release of "Wicked," employers should consider how the tale might have ended if the Wizard of Oz had made Elphaba sign a restrictive covenant agreement, which would have placed clear limitations on her ability to challenge his regime, says Emily Wajert at Sidley.
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Contractor Liability When Directing Subcontractor Workforce
A recent Virginia Court of Appeals decision that rejected a subcontractor employee’s tortious interference claim should prompt prime contractors to consider how to mitigate liability risk associated with directing a subcontractor to remove its employee from a federal project, say attorneys at Venable.
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How Law Firms Can Counteract The Loneliness Epidemic
The legal industry is facing an urgent epidemic of loneliness, affecting lawyer well-being, productivity, retention and profitability, and law firm leaders should take concrete steps to encourage the development of genuine workplace connections, says Michelle Gomez at Littler and Gwen Mellor Romans at Herald Talent.
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Handbook Hot Topics: Back To Basics After Admin Change
Having an up-to-date employee handbook is more critical now than ever, given the recent change in administration, and employers should understand their benefits and risks, including how they can limit employers’ liability and help retain employers’ rights, say Kasey Cappellano and Meaghan Gandy at Kutak Rock.
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5 Keys To Building Stronger Attorney-Client Relationships
Attorneys are often focused on being seen as the expert, but bonding with clients and prospects by sharing a few key personal details provides the basis for a caring, trusted and profoundly deeper business relationship, says Deb Feder at Feder Development.
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What Axed Title IX Gender Identity Rule Means For Higher Ed
Following a Kentucky federal court's recent decision in State of Tennessee v. Cardona to strike down a Biden-era rule that expanded the definition of Title IX to prohibit discrimination on the basis of gender identity, institutions of higher education should prepare to reimplement policies that comply with the reinstated 2020 rule, say attorneys at Venable.