Employment

  • July 22, 2024

    Ga. Child Therapists Say Employer Cheated Them Out of Pay

    A Georgia children's therapy provider has not been paying its registered behavior technicians for the time spent working before appointments, traveling, performing administrative work and attending required training sessions, four ex-workers claimed in a proposed collective action in federal court.

  • July 22, 2024

    Ex-DuPont Workers Settle Age Bias Suit Ahead Of Trial

    DuPont has reached a settlement to avoid trial with two former employees who alleged they were fired and replaced by younger workers after a rigged investigation into allegedly hazardous workplace behavior.

  • July 19, 2024

    Meta Separation Deals Were 'Overly Broad,' NLRB Judge Says

    Tech giant Meta violated federal labor law by offering laid-off employees separation agreements with "overly broad language" barring them from discussing employment terms or conditions, a National Labor Relations Board judge found on Friday.

  • July 19, 2024

    Employment Authority: Teamsters RNC Speech Sparks Strife

    Law360 Employment Authority covers the biggest employment cases and trends. Catch up this week with coverage on why the labor movement is in an uproar over Teamsters President Sean O'Brien's speech at the 2024 Republican National Convention, how heat breaks for workers may add into overtime calculations for employers and what attorneys should know about Project 2025's bid to drastically change to anti-discrimination protections.

  • July 19, 2024

    9th Circ. Calls Out Wash. AG's Paradox In Christian Charity Suit

    Ninth Circuit judges said Friday that Washington state "wants it both ways" in a Christian nonprofit's case over an antidiscrimination law, with the attorney general arguing that there's no credible enforcement threat to substantiate the suit's filing while also stopping short of pledging that the state won't pursue a case against the organization.

  • July 19, 2024

    3rd Circ. Reverses Court on 90-Day EEOC Clock Ruling

    The Third Circuit has revived a New Jersey state employee's sex harassment lawsuit against her employer, finding that a lower court incorrectly calculated when the 90-day clock for her to file suit started after her attorney learned the Equal Employment Opportunity Commission would not pursue her claim.

  • July 19, 2024

    NFL Antitrust Verdict, WWE Chair Woes Define 2024's 1st Half

    The first half of 2024 saw bombshell allegations and yearslong litigation lurching forward, highlighted by the shocking lawsuit accusing the founder of WWE of horrific sexual conduct, an iconic magazine almost shuttering and two NFL cases reaching significant milestones.

  • July 19, 2024

    FTC Wants To Block Kroger & Albertsons' 'Principal Defense'

    Federal Trade Commission staffers want to block Kroger and Albertsons from using their main defense to an in-house merger challenge — the plan to sell off 579 stores — or otherwise force the companies to produce documents so far protected as privileged, according to a recently public filing.

  • July 19, 2024

    US Chess Tolerates Human Trafficking, Champion Claims

    The U.S. Chess Federation provides an arena for human trafficking and retaliated against a whistleblower who reported alleged sexual abuse, a two-time national champion claims in a lawsuit filed in New Jersey state court.

  • July 19, 2024

    Law Profs Throw Flag On NFL's 'Unconscionable' Arbitration

    Allowing the NFL's arbitration system, with commissioner Roger Goodell as the arbitrator, to prevail in Brian Flores' discrimination dispute with the league is "unconscionable" and "egregious," a dozen law professors have told the Second Circuit in an amicus brief supporting the former Miami Dolphins head coach.

  • July 19, 2024

    Hanes Fired Remote Worker Over COVID Vax Refusal, Suit Says

    A former Hanes employee brought a discrimination suit against the clothing company Friday, claiming he was fired after the employer refused to provide religious accommodations regarding its COVID-19 vaccine mandate despite his work-from-home status.

  • July 19, 2024

    Atlanta Strikes Deal To End Ex-Worker's Retaliation Suit

    The city of Atlanta has reached a deal with its former immigrant affairs director to resolve her lawsuit alleging she was fired after blowing the whistle on failures in the city's immigrant outreach services, according to a filing in Georgia federal court.

  • July 19, 2024

    What The End Of Chevron Means For FTC Rulemaking

    Federal agencies can no longer expect courts to defer to their interpretation of challenged regulatory authorities under a landmark U.S. Supreme Court ruling the Federal Trade Commission expects will have no "significant impact," but that observers say could help trip up a noncompetes ban and perhaps other efforts.

  • July 19, 2024

    9th Circ. Says Fueling Planes Is Arbitration-Exempt Work

    The Ninth Circuit on Friday affirmed that an airplane fuel pumper can proceed with his unpaid wage claims in federal court rather than in arbitration, ruling his work is involved in the flow of interstate commerce and he is thus a transportation worker exempt from the Federal Arbitration Act.

  • July 19, 2024

    Temple U.'s Ken Jacobsen On NCAA-House Deal, What's Next

    Even with a deal of such size and consequence — approximately $2.8 billion, more than 184,000 athletes in the class, all the Power Five conferences named and with decades of court rulings leading up to it — the settlement over name, image and likeness compensation in the Grant House-led class action against the NCAA is best seen as a beginning, rather than an end.

  • July 19, 2024

    PTAB Invalidates Claims In Amsted Railcar Patent

    The Patent Trial and Appeal Board has wiped out several claims in an Amsted Rail Co. Inc. patent covering a way of monitoring the performance of railcars, after the patent had become the subject of a suit between the railcar parts manufacturer and a former executive.

  • July 19, 2024

    Ex-Bronco Linebacker Sues NFL Over Denied THC Exemption

    A former linebacker for the Denver Broncos is suing the team and the National Football League, alleging they're violating the Colorado Anti-Discrimination Act by denying him an exemption to use synthetic THC to treat his disabilities.

  • July 19, 2024

    NJ Says 3rd Circ. Ruling Backs State Temp Worker Law

    The State of New Jersey called a federal court's attention to a recent Third Circuit decision holding that the bar for issuing preliminary injunctions should be higher, saying the ruling supports its argument opposing a business community request to block a state law regulating protections for temporary workers.

  • July 19, 2024

    NLRB Drops Challenge To Joint Employer Rule Vacatur

    The National Labor Relations Board dropped its appeal of a Texas federal judge's decision vacating its rule expanding its definition of joint employer under federal labor law, saying it wants to consider its approach to the policy in light of the court's decision.

  • July 19, 2024

    Off The Bench: Trial Time For Jerry Jones, Sunday Ticket Row

    In this week's Off The Bench, Jerry Jones' legal battle with the woman claiming to be his daughter reaches a courtroom, Sunday Ticket subscribers clap back at the NFL, and soccer fans go after the stadium they could not enter for the Copa America final.

  • July 19, 2024

    Lin Wood Loses Bid To DQ Judge In Ga. Defamation Case

    A Georgia federal judge on Friday refused to recuse himself from presiding over a trial in the defamation case against retired attorney L. Lin Wood from his former colleagues, ruling that Wood's disqualification bid against him is "untimely and, in any event, meritless."

  • July 19, 2024

    Rising Star: Jackson Lewis' Douglas J. Klein

    Douglas J. Klein of Jackson Lewis PC has defended employers against class and collective actions, including federal court cases involving a "naked" class waiver at Insomnia Cookies and wage-and-hour claims against New York's Metropolitan Transportation Authority, earning him a spot among employment law practitioners under age 40 honored by Law360 as Rising Stars.

  • July 18, 2024

    Fed. Circ. OKs Navy Deal Despite Contractor's Labor Unrest

    The Federal Circuit denied Thursday a contractor's protest bids for U.S. Navy aircraft services contracts at two European bases, rejecting arguments that the lower court didn't properly consider the winning contractor's past labor violations and that the U.S. Supreme Court's overturning of the so-called Chevron doctrine "upends" the underlying decision.

  • July 18, 2024

    Insults Fly As Attys Beef Over Ex-NFL Player's Sex Abuse Suit

    Attorneys for an ex-NFL player and the former controller for his reptile shipping company accused each other of stonewalling, dishonesty and running up litigation costs at a hearing Thursday, where a Colorado state judge largely ignored the lawyers' "speeches" and urged them to confer more meaningfully.

  • July 18, 2024

    Florida Urges 11th Circ. To Allow Gender Law Despite Appeal

    Florida officials have urged the Eleventh Circuit to immediately allow enforcement of a law restricting gender-affirming treatment for transgender minors and adults despite an appeal, saying that a lower court wrongly determined the law was discriminatory and that patients will be harmed if "life-altering" medical procedures are not outlawed.

Expert Analysis

  • Questions Remain After 3rd Circ.'s NCAA Amateurism Ruling

    Author Photo

    The Third Circuit's recent holding that college athletes can be considered employees under the FLSA adds to the trend of student-athletes obtaining new legal status in collegiate athletics, but leaves key questions unanswered, including how the economics of the decision will be applied, say attorneys at Reed Smith.

  • Justices' Starbucks Ruling May Limit NLRB Injunction Wins

    Author Photo

    The U.S. Supreme Court’s recent decision in Starbucks v. McKinney, adopting a more stringent test for National Labor Relations Board Section 10(j) injunctions, may lessen the frequency with which employers must defend against injunctions alongside parallel unfair labor practice charges, say David Pryzbylski and Colleen Schade at Barnes & Thornburg.

  • Class Actions At The Circuit Courts: July Lessons

    Author Photo

    In this month's review of class action appeals, Mitchell Engel at Shook Hardy considers cases touching on pre- and post-conviction detainment conditions, communications with class representatives, when the American Pipe tolling doctrine stops applying to modified classes, and more.

  • Biden Policy Gives Employers New Ways To Help Dreamers

    Author Photo

    A new Biden administration immigration policy makes the process more predictable for Deferred Action for Childhood Arrivals recipients to seek employment visas, and, given uncertainties surrounding DACA’s future, employers should immediately determine which of their employees may be eligible, says Jennifer Kim at Moore & Van Allen.

  • How To Comply With Chicago's New Paid Leave Ordinance

    Author Photo

    Chicago's new Paid Leave and Paid Sick and Safe Leave Ordinance went into effect earlier this month, so employers subject to the new rules should update leave policies, train supervisors and deliver notice as they seek compliance, say Alison Crane and Sarah Gasperini at Jackson Lewis.

  • Opinion

    A Way Forward For The US Steel-Nippon Deal And Union Jobs

    Author Photo

    Parties involved in Nippon Steel's acquisition of U.S. Steel should trust the Pennsylvania federal court overseeing a key environmental settlement to supervise a way of including future union jobs and cleaner air for the city of Pittsburgh as part of a transparent business marriage, says retired judge Susan Braden.

  • How NJ Worker Status Ruling Benefits Real Estate Industry

    Author Photo

    In Kennedy v. Weichert, the New Jersey Supreme Court recently said a real estate agent’s employment contract would supersede the usual ABC test analysis to determine his classification as an independent contractor, preserving operational flexibility for the industry — and potentially others, say Jason Finkelstein and Dalila Haden at Cole Schotz.

  • Opinion

    H-2 Visas Offer Humane, Economic Solution To Border Crisis

    Author Photo

    Congress should leverage the H-2 agricultural and temporary worker visa programs to match qualified migrants with employers facing shortages of workers — a nonpolitical solution to a highly divisive humanitarian issue, say Ashley Dees and Jeffrey Joseph at BAL.

  • PAGA Reforms Encourage Proactive Employer Compliance

    Author Photo

    Recently enacted reforms to California's Private Attorneys General Act should make litigation under the law less burdensome for employers, presenting a valuable opportunity to streamline compliance and reduce litigation risks by proactively addressing many of the issues that have historically attracted PAGA claims, say attorneys at Mintz.

  • Opinion

    Now More Than Ever, Lawyers Must Exhibit Professionalism

    Author Photo

    As society becomes increasingly fractured and workplace incivility is on the rise, attorneys must champion professionalism and lead by example, demonstrating how lawyers can respectfully disagree without being disagreeable, says Edward Casmere at Norton Rose.

  • The Show Must Go On: Noncompete Uncertainty In Film, TV

    Author Photo

    The Federal Trade Commission has taken action to ban noncompetes while the entertainment industry is in the midst of a massive shift away from traditional media, so it is important for studio heads and content owners alike to understand the fate of the rule and their options going forward, say Christopher Chatham and Douglas Smith at Manatt.

  • 'Outsourcing' Ruling, 5 Years On: A Warning, Not A Watershed

    Author Photo

    A New York federal court’s 2019 ruling in U.S. v. Connolly, holding that the government improperly outsourced an investigation to Deutsche Bank, has not undercut corporate cooperation incentives as feared — but companies should not completely ignore the lessons of the case, say Temidayo Aganga-Williams and Anna Nabutovsky at Selendy Gay.

  • Series

    Serving In The National Guard Makes Me A Better Lawyer

    Author Photo

    My ongoing military experience as a judge advocate general in the National Guard has shaped me as a person and a lawyer, teaching me the importance of embracing confidence, balance and teamwork in both my Army and civilian roles, says Danielle Aymond at Baker Donelson.

  • Big Business May Come To Rue The Post-Administrative State

    Author Photo

    Many have framed the U.S. Supreme Court’s recent decisions overturning Chevron deference and extending the window to challenge regulations as big wins for big business, but sand in the gears of agency rulemaking may be a double-edged sword, creating prolonged uncertainty that impedes businesses’ ability to plan for the future, says Todd Baker at Columbia University.

  • A Midyear Forecast: Tailwinds Expected For Atty Hourly Rates

    Author Photo

    Hourly rates for partners, associates and support staff continued to rise in the first half of this year, and this growth shows no signs of slowing for the rest of 2024 and into next year, driven in part by the return of mergers and acquisitions and the widespread adoption of artificial intelligence, says Chuck Chandler at Valeo Partners.

Want to publish in Law360?


Submit an idea

Have a news tip?


Contact us here
Hello! I'm Law360's automated support bot.

How can I help you today?

For example, you can type:
  • I forgot my password
  • I took a free trial but didn't get a verification email
  • How do I sign up for a newsletter?
Ask a question!