Employment

  • January 10, 2025

    Blue State AGs Urge Walmart To Reinstate DEI Initiatives

    A group of Democratic state attorneys general sent a letter to Walmart CEO Doug McMillon on Thursday urging the retail giant to reconsider scrapping diversity, equity and inclusion initiatives, saying such programs "are not just good policy, but in many cases are necessary to comply with the law."

  • January 10, 2025

    Health Co. Wants To Quit Nicotine Surcharge Suit

    Nonprofit health system Advocate Aurora Health is urging an Illinois federal judge to permanently toss former employees' lawsuit targeting an allegedly illegal tobacco-use surcharge in its health plan, arguing that after three tries they still have failed to bring a viable claim.

  • January 10, 2025

    Employment Authority: DOL's Julie Su On Her Tenure

    Law360 Employment Authority covers the biggest employment cases and trends. Catch up this week with Acting U.S. Department of Labor Secretary Julie Su's look back on her tenure, an analysis of the Teamsters' strike at Amazon last month and seven argument sessions involving employment bias that attorneys should keep on their radar in January.

  • January 10, 2025

    NJ Says Existing Anti-Discrimination Law Applies To Using AI

    New Jersey's attorney general issued guidance clarifying that the Garden State's discrimination law applies to "algorithmic discrimination," or discrimination and bias-based harassment stemming from the use of artificial intelligence and other similar technologies.

  • January 10, 2025

    Ex-Accenture Worker Fights To Keep Harassment Suit Alive

    A former management consulting analyst for Accenture LLP who sued the company over its handling of sexual harassment complaints against a supervisor asked a Georgia federal judge Thursday to ignore a magistrate judge's position that adding "meritless" disability claims to the suit would be a pointless exercise.

  • January 10, 2025

    6th Circ. Revives Physical Therapist's Miscarriage ADA Suit

    The Sixth Circuit revived a physical therapist's suit Friday claiming an Ohio medical center wouldn't let her transfer to a new role after raising concerns that her current job triggered panic attacks following a miscarriage, ruling the lower court failed to correctly probe whether she had a disability.

  • January 10, 2025

    3rd Circ. Won't Revive Ex-US Steel Worker's Race Bias Suit

    The Third Circuit upheld U.S. Steel's win over a Black former train operator's lawsuit claiming he was fired after he was erroneously blamed for a 2015 derailment, ruling Friday he'd failed to show his race cost him the job rather than his lengthy disciplinary record.

  • January 10, 2025

    Home Care Co. Must Pay $15M In DOL OT Suit

    An Ohio federal judge granted the U.S. Department of Labor a win in its lawsuit accusing a third-party home care agency of failing to pay employees overtime and ordered the company to pay $15 million in unpaid wages and damages.

  • January 10, 2025

    Insurer Says No Coverage For Unlicensed Electrician's Death

    An Oklahoma grocery store's insurer shouldn't have to cover litigation brought by the family of a man who died while performing electrical work because he was unlicensed and because the store, when obtaining its policy, said it didn't hire independent contractors, the insurer told a federal court.

  • January 10, 2025

    Instagrammer Wants IP Suit Kept in Nevada Federal Court

    Instagram star Dan Bilzerian told a federal judge in Nevada this week that the Silver State is the appropriate venue for his lawsuit against a former chief financial officer of the vape and lifestyle brand he helped start, even though the company is based in Canada.

  • January 10, 2025

    Minn. Worker Says Honeywell Nixed Job Offer Over Drug Test

    A Minnesota man is suing Honeywell International Inc., saying that the company violated state cannabis and disability law when it rescinded an offer of employment after he tested positive for cannabis use despite being on the state's Medical Cannabis Registry.

  • January 10, 2025

    Fired Athletics Exec Slaps USC With Intersectional Bias Suit

    The University of Southern California fired a high-ranking Black woman from its athletics department after she complained that her boss made frequent racist and sexist remarks, according to a suit filed in state court that invokes California's new intersectionality bias law.

  • January 10, 2025

    Ex-Twitter Exec Can't Snag Docs In Bonus Suit

    A former senior director of compensation for X Corp., previously known as Twitter, won't be able to recover communications from Twitter management or financial records in his suit alleging unpaid bonuses after Elon Musk took over the company, a California federal magistrate judge ruled.

  • January 10, 2025

    Off The Bench: Venu Deal Off, Fox Suit, Gender Rules Wobble

    In this week's Off The Bench, a last-minute merger ends litigation over the new sports streaming service Venu, only for its backers to mothball the project entirely, Fox Sports is rocked by lurid sexual harassment claims, and a federal judge knocks down an attempt to expand transgender discrimination protections.

  • January 10, 2025

    NC Machinery Co. Says Rival Lied To Hide Trade Secrets Theft

    A North Carolina machining tools manufacturer is suing the American arm of its Germany-based rival in state Business Court, claiming the competitor has been hiring away its talent to acquire its trade secrets and then misrepresenting its job descriptions to hide the alleged scheme.

  • January 10, 2025

    Stellantis Fights To Preserve Suit Over UAW's Strike Threat

    Stellantis' North American arm has asked a California federal judge to preserve its lawsuit accusing the United Auto Workers of making an unlawful strike threat, saying even though the union agreed to hold off on striking, the threat could still be a prosecutable contract violation.

  • January 10, 2025

    Ye Inks $625K Deal To End Misclassification Suit

    Ye and his clothing company, Yeezy Apparel LLC, will pay $625,000 to resolve a class action accusing them of incorrectly classifying design workers as independent contractors and thus causing them to lose out on overtime wages, an order in California state court said.

  • January 10, 2025

    Senior Living Co. Sued Over Alleged Breach Of Worker Data

    A former employee of a Delaware-headquartered, multi-state support organization for affiliated senior living centers has lodged a proposed class action against the business in Pennsylvania federal court, alleging damages tied to a cyberattack that exposed employee data.

  • January 10, 2025

    Cruise Contractors Drop $2.8M Union Fund Debt Row

    Two cruise ship contractors and a union pension fund have wrapped up their dispute over the contractors' $2.8 million debt to fund, indicating to a Louisiana federal judge Friday that they've settled the last outstanding issue in the case and are ready for the litigation to be dismissed.

  • January 10, 2025

    Law School Admissions Council Sued For Bias By DEI Staffer

    A Black woman and former manager of the Law School Admission Council's diversity initiatives on Friday sued the nonprofit, claiming she was passed over for promotion because she complained about alleged discrimination by one of her supervisors.

  • January 10, 2025

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

    This past week in London has seen legal services group RBG Holdings face a winding-up petition from founder Ian Rosenblatt amid soured talks about the group's leadership, J.P. Morgan file a fresh claim against WeRealize, retailer Asda face an intellectual property claim over a specific type of mandarin and financier Nathaniel Rothschild sue German entrepreneur Lars Windhorst and his investment vehicle Tennor International. Here, Law360 looks at these and other new claims in the U.K.

  • January 10, 2025

    MLB Can't Pause Discovery In Umpires' Harassment Suit

    Major League Baseball can't pause a lawsuit alleging it allowed two minor league umpires to be sexually harassed by a female colleague, a New York federal judge ruled, saying MLB hadn't shown it was necessary to halt discovery while he considered a bid to trim the case.

  • January 10, 2025

    DOL Fends Off Challenge To Independent Contractor Rule

    The U.S. Department of Labor acted within its power when issuing a final rule for determining whether workers are employees or independent contractors, a New Mexico federal judge said, declining to apply the U.S. Supreme Court's Loper Bright decision in a trucking company's challenge to the rule.

  • January 09, 2025

    Amazon HR App Puts Workers In 'Disability Limbo,' Suit Says

    An Amazon worker has hit the company with a proposed class action in Washington federal court, saying the e-commerce giant's human resources A to Z app illegally denies disability accommodations and puts workers in "disability limbo."

  • January 09, 2025

    Wonderful Pistachios Defeats Worker's Shed-Trapping Appeal

    A California appellate court on Thursday refused to resurrect a former Wonderful Pistachios & Almonds worker's claims that former colleagues of hers trapped her in a shed during work, finding that her objections to an arbitrator's determinations in Wonderful Pistachios' favor lack merit.

Expert Analysis

  • Key Requirements In New Maryland Pay Transparency Laws

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    Although several jurisdictions now require pay transparency in job advertisements, Maryland's new law is among the broadest in the country, both in terms of what is required and the scope of its applicability, says Sarah Belger at Quarles & Brady.

  • What Trump's Next Term May Mean For Biz Immigration

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    Leonard D'Arrigo at Harris Beach discusses the employment-based immigration policies businesses can potentially expect during President-elect Donald Trump’s second term, based on policies enacted during his first administration, statements made during his campaign and proposals in Project 2025.

  • Lessons From EEOC Case Of Fla. Worker Fired After Stillbirth

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    A recent federal court settlement between a Florida resort and a fired line cook shows that the U.S. Equal Opportunity Employment Commission sees stillbirth as protected under the Pregnant Workers Fairness Act, also providing four other important lessons, says Gordon Berger at Pierson Ferdinand.

  • What Higher Education Can Expect From A 2nd Trump Admin

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    The election of Donald Trump for a second presidential term has far-reaching ramifications for colleges and universities — come January, institutions can expect a crackdown on DEI, increased scrutiny of campus protests, a rollback of the Biden administration's Title IX rules and more, say attorneys at Jenner & Block.

  • AI Monitoring And FCRA: Employer Compliance Essentials

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    As the Consumer Financial Protection Bureau and the Federal Trade Commission signal determination to treat AI-based workplace surveillance as a potential Fair Credit Reporting Act issue, employers must commit to educating HR and compliance staff on these quickly evolving regulatory expectations, say attorneys at Sheppard Mullin.

  • Series

    Circus Arts Make Me A Better Lawyer

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    Performing circus arts has strengthened my ability to be more thoughtful, confident and grounded, all of which has enhanced my legal practice and allowed me to serve clients in a more meaningful way, says Bailey McGowan at Stinson.

  • Opinion

    Weak Reasoning Underlies Fla. Judge's Bold Qui Tam Ruling

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    U.S. District Judge Kathryn Mizelle's groundbreaking decision in U.S. ex rel. Zafirov v. Florida Medical Associates LLC, holding that qui tam provisions of the False Claims Act are unconstitutional, relies on weak logic to reach a conclusion that differs from every other court that has ruled on the issue, says Ethan Greenberg at Anderson Kill.

  • FTC Focus: Zeroing In On Post-Election Labor Markets

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    The presidential election and the push-and-pull of the administrative state's reach are likely to affect the Federal Trade Commission's focus on labor markets, including the tenor of noncompete rule enforcement, say attorneys at Proskauer.

  • 3 Ways To Train Junior Lawyers In 30 Minutes Or Less

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    Today’s junior lawyers are experiencing a skills gap due to pandemic-era disruptions, but firms can help bring them up to speed by offering high-impact skill building content in bite-sized, interactive training sessions, say Stacey Schwartz at Katten, Diane Costigan at Winston & Strawn and Lauren Tierney at Freshfields.

  • Advising Employers As AI Meets DEI And Discrimination

    Excerpt from Practical Guidance
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    Though companies can use artificial intelligence tools to develop more diverse and inclusive workforces, counsel should also prepare employers for how AI can stymie these efforts, provoke discrimination claims and complicate resulting litigation, says Emily Schifter at Troutman Pepper.

  • 8 Tech Tips For Stress-Free Remote Depositions

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    Court reporter Kelly D’Amico shares practical strategies for attorneys to conduct remote depositions with ease and troubleshoot any issues that arise, as it seems deposition-by-Zoom is here to stay after the pandemic.

  • Timing Of An NLRB Power Shift Hinges On Biden Nominees

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    President-elect Donald Trump seems certain to shake up the National Labor Relations Board's prounion Democrat majority, but the incoming president's timing depends on whether the current Senate confirms two pending nominees to board positions, say attorneys at Fox Rothschild.

  • Opinion

    The Right Kind Of Deregulation In Commercial Airline Industry

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    Similar to the economic deregulation that occurred more than four decades ago during the Carter administration, the incoming Trump administration should restore the very limited federal regulatory role in the economics of the airline industry, says former U.S. transportation secretary James Burnley at Venable.

  • 5 Tips For Complying With NLRB Captive Audience Ban

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    The National Labor Relations Board’s recently ruled that so-called captive audience meetings violate federal labor law, representing a radical shift in precedent and creating new standards for employers to follow when holding workplace meetings where union representation will be discussed, say attorneys at Fisher Phillips.

  • 4 Ways Attorneys Can Emotionally Prepare For Trial

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    In the course of litigation, trial lawyers face a number of scenarios that can incite an emotional response, but formulating a mental game plan in advance of trial can help attorneys stay cool, calm and collected in the moment, says Rachel Lary at Lightfoot Franklin.

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