Employment

  • May 22, 2024

    OSU Strikes Deal To Resolve Ex-Prof's Gender Bias Suit

    Ohio State University reached a tentative deal Wednesday with a former marketing professor to end her lawsuit accusing the school of firing her for working with outside clients while male colleagues escaped retribution, a notice in federal court said.

  • May 22, 2024

    DeSantis Ducks Voters' Suit Over Fla. Prosecutor Suspension

    A Florida federal judge on Wednesday tossed voters' attempt to undo Gov. Ron DeSantis' suspension of elected prosecutor Monique Worrell, finding that the voters had not shown they were injured by the suspension.

  • May 22, 2024

    SC Gov. Signs Earned Wage Access Bill Into Law

    South Carolina has become the fifth state to approve a new law governing so-called earned wage access products, which provide workers with cash advances, as the Palmetto State joins Nevada, Missouri, Wisconsin and Kansas in regulating the products.

  • May 22, 2024

    Calif. Court Rejects Arbitration Pact Stacked Against Workers

    The arbitration pact an eyeglass retailer provided to a former employee was procedurally and substantively unconscionable and therefore unenforceable, a California state appeals court ruled, affirming a trial court's decision in a worker's wage and hour suit.

  • May 22, 2024

    Chanel Stiffs Calif. Workers On Meal Breaks, OT, Court Told

    Hourly employees at Chanel in California have not been paid for all their hours worked, including missed meal breaks and overtime, a former worker told a state court.

  • May 21, 2024

    2nd Circ. Partially Backs Win For Nurses' Union Pension Plan

    In a 90-page opinion, the Second Circuit on Tuesday mostly upheld a Manhattan federal judge's decision affirming an arbiter's award favoring a nurses' pension plan, agreeing that White Oak Global Advisors LLC must return "Day 1" fees totaling nearly $2 million and pay prejudgment interest said to top $22 million.

  • May 21, 2024

    Paramount Pictures Violated Wage Laws, Crew Member Says

    Paramount Pictures Corp. failed to pay crew members working on movie productions their total wages, denied them proper rest breaks and refused to reimburse them for out-of-pocket expenses, according to a proposed Private Attorneys General Act class action filed Monday in California state court.

  • May 21, 2024

    Calif. Justices Doubt App-Based Drivers' Prop 22 Challenge

    Several California Supreme Court justices pushed back Tuesday against arguments by ride-hailing drivers that the Proposition 22 ballot measure carving out certain app-based workers from a worker classification law unconstitutionally runs afoul of the Legislature's authority, with one justice saying their position could "freeze out" voter-approved initiatives.

  • May 21, 2024

    Fla. Scientist Fights Contempt Ruling In Data Theft Suit

    A Florida Everglades scientist urged a state appeals court Tuesday to reverse a contempt ruling against him over violating an injunction to preserve computer data from his prior job, saying that the order was ambiguous and that the lower court wrongly appointed opposing counsel to prosecute the violation.

  • May 21, 2024

    Foxwoods Restaurant Servers Win Class Cert. in Wage Feud

    A Connecticut state court judge has granted certification to a class of tipped workers in their wage-and-hour suit against a steakhouse at the Foxwoods Resort Casino, ruling they have plausibly shown that the restaurant failed to pay them a fair wage under state law.

  • May 21, 2024

    Ship Engineers Take Case Against Shipbuilders To 4th Circ.

    A pair of naval engineers are challenging a Virginia federal judge's decision to toss their proposed class action accusing a collection of shipbuilding military contractors of entering into secret "no-poach" agreements, asking the Fourth Circuit to take up their appeal in a new filing.

  • May 21, 2024

    NC Agency Atty Gets More Time To Prep For Bias Trial

    A North Carolina federal judge shut down the state justice department's bid to stop an attorney from calling witnesses and offering exhibits in her discrimination trial, according to a docket order that appears to give the plaintiff more time to prepare.

  • May 21, 2024

    EEOC Guidance Over Gender Identity Can't Stand, Texas Says

    The Texas attorney general requested Tuesday that a federal judge do away with the U.S. Equal Employment Opportunity Commission's enforcement guidance over gender identity and Title VII, arguing that the agency must be stopped from requiring employers' compliance with pronoun and bathroom accommodations.

  • May 21, 2024

    MLB Scouts' Colo. Age Bias Suit Moved To New York

    A Colorado federal judge refused to dismiss an age bias suit brought against Major League Baseball by a group of 40-and-older scouts and instead transferred the case to New York, saying he was using his discretionary authority because most defendants have no ties to his district.

  • May 21, 2024

    NY High Court Upholds State Abortion Coverage Mandate

    New York's highest court on Tuesday upheld a state law requiring employee health plans to cover medically necessary abortions, finding a 2021 U.S. Supreme Court decision didn't change the state court's determination that an exemption process in the law was constitutional.

  • May 21, 2024

    OSHA Hit With Constitutional Challenge To Walkaround Rule

    A dozen business groups led by the U.S. Chamber of Commerce sued the Occupational Safety and Health Administration over the so-called walkaround rule in Texas federal court Tuesday, challenging the constitutionality of a two-month-old regulation that expanded workers' right to bring in outside representatives during job safety inspections.

  • May 21, 2024

    Ex-Crypto Co. President Was Deceived And Ousted, Suit Says

    A cryptocurrency entrepreneur has filed a suit in Delaware's Court of Chancery accusing a CEO of making fraudulent misrepresentations to recruit him to serve as president of his blockchain company, then unjustifiably firing him.

  • May 21, 2024

    6th Circ. Won't Restart GM Engineer's Age Bias Suit

    The Sixth Circuit on Tuesday backed General Motors' defeat of an engineer's lawsuit claiming he was harassed and transferred to less lucrative jobs because he's over 50, ruling he failed to show that a supervisor's sporadic comments created a hostile work environment.

  • May 21, 2024

    UMich Punished Officer For Talking To Press, Jury Finds

    A jury in Detroit federal court on Tuesday awarded a University of Michigan police officer $300,000 in emotional distress damages, finding the school unlawfully retaliated against him after he spoke with a journalist about its alleged mishandling of a sexual assault report.

  • May 21, 2024

    Colo. Hotel Denies Directly Hiring H-2B Workers In Wage Suit

    A Colorado luxury hotel told a federal judge that it doesn't belong in a proposed class action accusing it and its cleaning contractor of unlawfully deducting Mexican housekeeping workers' wages, saying the contractor is the workers' sole employer.

  • May 21, 2024

    Some DOL Informers To Be Disclosed In Fishery Wage Case

    A Mississippi federal judge ordered the U.S. Department of Labor to disclose the identities of migrant workers with knowledge of a fishery's alleged interference with a DOL investigation or of allegations the fishery retaliated against workers cooperating in the probe.

  • May 21, 2024

    College QB Sues Gators' Coach For False $13.9M NIL Deal

    Former prospective University of Florida Gators quarterback Jaden Rashada alleged in a federal lawsuit Tuesday that the football coach and boosters lured him to the university with false promises of a $13.85 million name, image and likeness deal that cost him a legitimate deal he had lined up at a different school.

  • May 21, 2024

    Split Fed. Circ. Revives IP Suit Against Nokia Over Standing

    A split Federal Circuit on Tuesday threw out a lower court decision that found an inventor's company didn't have standing to sue Nokia, Cisco and ADVA over a fiber optic patent, saying it was unclear if the company had the rights to the patent.

  • May 21, 2024

    Caterpillar To Pay $800K To End DOL Race Bias Probe

    Heavy equipment manufacturer Caterpillar Inc. has agreed to pay $800,000 to resolve U.S. Department of Labor allegations that it refused to hire qualified Black applicants for welding positions at an Illinois facility, the agency said Tuesday.

  • May 21, 2024

    Littler Hires Employment Advice Leader From Lewis Brisbois

    The co-chair of Lewis Brisbois Bisgaard & Smith LLP's employment advice and counseling practice has joined Littler Mendelson PC's Providence, Rhode Island, office, the firm announced.

Expert Analysis

  • Series

    Being An EMT Makes Me A Better Lawyer

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    While some of my experiences as an emergency medical technician have been unusually painful and searing, the skills I’ve learned — such as triage, empathy and preparedness — are just as useful in my work as a restructuring lawyer, says Marshall Huebner at Davis Polk.

  • Behind Court Challenges To The FTC's Final Noncompete Rule

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    The Federal Trade Commission's recent final rule banning noncompetes may not go into effect any time soon amid a couple of Texas federal court challenges seeking to bar the rule's implementation, which will likely see appeals all the way to the U.S. Supreme Court, says Michael Elkins at MLE Law.

  • 15 Quick Tips For Uncovering And Mitigating Juror Biases

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    As highlighted by the recent jury selection process in the criminal hush money trial against former President Donald Trump, juror bias presents formidable challenges for defendants, and attorneys must employ proactive strategies — both new and old — to blunt its impact, say Monica Delgado and Jonathan Harris at Harris St. Laurent.

  • Corporate Insurance Considerations For Trafficking Claims

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    With the surge in litigation over liability under the Trafficking Victims Protection Reauthorization Act, corporate risk managers and in-house counsel need to ensure that appropriate insurance coverage is in place to provide for defense and indemnity against this liability, says Micah Skidmore at Haynes Boone.

  • High-Hazard Retailers: Are You Ready For OSHA Inspections?

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    In light of a bill introduced this month in Congress to protect warehouse workers, relevant employers — including certain retailers — should remain aware of an ongoing Occupational Safety and Health Administration initiative that has increased the likelihood of inspection over the next couple of years, say Julie Vanneman and Samantha Cook at Dentons Cohen.

  • Tips For Keeping Trade Secrets In The Vault

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    Key practices aimed at maintaining confidentiality can help companies establish trade secret status as the Federal Trade Commission's ban on noncompetes makes it prudent to explore other security measures, says John Baranello at Moses & Singer.

  • Navigating Title VII Compliance And Litigation Post-Muldrow

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    The U.S. Supreme Court’s recent ruling in Muldrow v. St. Louis has broadened the scope of Title VII litigation, meaning employers must reassess their practices to ensure compliance across jurisdictions and conduct more detailed factual analyses to defend against claims effectively, say Robert Pepple and Christopher Stevens at Nixon Peabody.

  • 3 Employer Lessons From NLRB's Complaint Against SpaceX

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    Severance agreements traditionally have included nondisparagement and nondisclosure provisions as a matter of course — but a recent National Labor Relations Board complaint against SpaceX underscores the ongoing efforts to narrow severance agreements at the state and federal levels, say attorneys at Williams & Connolly.

  • Lessons On Challenging Class Plaintiffs' Expert Testimony

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    In class actions seeking damages, plaintiffs are increasingly using expert opinions to establish predominance, but several recent rulings from California federal courts shed light on how defendants can respond, say Jennifer Romano and Raija Horstman at Crowell & Moring.

  • Exploring An Alternative Model Of Litigation Finance

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    A new model of litigation finance, most aptly described as insurance-backed litigation funding, differs from traditional funding in two key ways, and the process of securing it involves three primary steps, say Bob Koneck, Christopher Le Neve Foster and Richard Butters at Atlantic Global Risk LLC.

  • FTC Noncompete Rule's Impact On Healthcare Nonprofits

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    Healthcare entities that are nonprofit or tax-exempt and thus outside of the pending Federal Trade Commission noncompete rule's reach should evaluate a number of potential risk factors and impacts, starting by assessing their own status, say Ben Shook and Tania Archer at Moore & Van Allen.

  • Trump Hush Money Case Offers Master Class In Trial Strategy

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    The New York criminal hush money trial of former President Donald Trump typifies some of the greatest challenges that lawyers face in crafting persuasive presentations, providing lessons on how to handle bad facts, craft a simple story that withstands attack, and cross-examine with that story in mind, says Luke Andrews at Poole Huffman.

  • Why Employers Shouldn't Overreact To Protest Activities

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    Recent decisions from the First Circuit in Kinzer v. Whole Foods and the National Labor Relations Board in Home Depot hold eye-opening takeaways about which employee conduct is protected as "protest activity" and make a case for fighting knee-jerk reactions that could result in costly legal proceedings, says Frank Shuster at Constangy.

  • Series

    Teaching Yoga Makes Me A Better Lawyer

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    Being a yoga instructor has helped me develop my confidence and authenticity, as well as stress management and people skills — all of which have crossed over into my career as an attorney, says Laura Gongaware at Clyde & Co.

  • Best Practices To Accommodate Workplace Service Animals

    Excerpt from Practical Guidance
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    Since the U.S. Equal Employment Opportunity Commission recently pledged to enforce accommodations for people with intellectual, developmental and mental health-related disabilities, companies should use an interactive process to properly respond when employees ask about bringing service animals into the workplace, say Samuel Lillard and Jantzen Mace at Ogletree.

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