Employment

  • July 08, 2024

    NJ Says State Temp Worker Law Doesn't Conflict With ERISA

    The State of New Jersey urged a federal judge to keep in place the equal benefits provision of its law codifying protections for temporary workers, arguing it is not superseded by ​the Employee Retirement Income Security Act because employers can satisfy the state law without altering ERISA plans.

  • July 08, 2024

    K&L Gates Labor Atty Moves To Cozen O'Connor In Pittsburgh

    Cozen O'Connor expanded its Pittsburgh office this week with the addition of an attorney with nearly two decades of experience in labor and employment law, who moved his practice after more than five years with K&L Gates LLP.

  • July 08, 2024

    NFL Disputes Reporter's Racism, Retaliation Claims

    The NFL has pointedly denied allegations by journalist Jim Trotter that it ignored his concerns about discriminatory hiring and increased its focus on him and his work after he raised them, telling a New York federal judge Friday that it knew nothing of his interactions with supervisors about those concerns.

  • July 08, 2024

    DC Circ. Supports NLRB Order Against Puerto Rico Hospital

    The National Labor Relations Board rightly found that a hospital in Puerto Rico violated federal labor law by unilaterally slashing workers' hours, the D.C. Circuit ruled, saying the hospital can't excuse its actions with claims about financial effects from the pandemic.

  • July 08, 2024

    Ex-OneTaste Staffer Says Atty Forced Her To Play The Victim

    A former employee of sexual wellness company OneTaste is suing her former lawyer, saying he conspired with the FBI to present her as a victim of a forced labor conspiracy while she maintains she was not.

  • July 08, 2024

    HR Chief Says Conn. City Cut Pay Without Explanation

    Officials in the city of Derby, Connecticut, flouted the municipal human resources director's contractual and constitutional rights when they reduced her annual compensation in March without explanation, according to a lawsuit in federal court.

  • July 05, 2024

    Armstrong Teasdale Resisted Diversity, Ex-DEI VP Says

    Armstrong Teasdale LLP's former vice president of diversity, equity and inclusion claims the law firm hired her to help it cultivate a more diverse workplace, but then blocked her attempts to make recommendations and improvements before wrongly firing her, according to a lawsuit recently filed in Missouri state court.

  • July 05, 2024

    How Reshaped Circuit Courts Are Faring At The High Court

    Seminal rulings from the U.S. Supreme Court's latest term will reshape many facets of American society in the coming years. Already, however, the rulings offer glimpses of how the justices view specific circuit courts, which have themselves been reshaped by an abundance of new judges.

  • July 05, 2024

    Breaking Down The Vote: The High Court Term In Review

    The U.S. Supreme Court's lethargic pace of decision-making this term left the justices to issue a slew of highly anticipated and controversial rulings during the term's final week — rulings that put the court's ideological divisions on vivid display. Here, Law360 takes a data dive into the numbers behind this court term.

  • July 05, 2024

    High Court Flexes Muscle To Limit Administrative State

    The U.S. Supreme Court's dismantling of a 40-year-old judicial deference doctrine, coupled with rulings stripping federal agencies of certain enforcement powers and exposing them to additional litigation, has established the October 2023 term as likely the most consequential in administrative law history.

  • July 05, 2024

    The Sharpest Dissents From The Supreme Court Term

    The U.S. Supreme Court's session ended with a series of blockbuster cases that granted the president broad immunity, changed federal gun policy and kneecapped administrative agencies. And many of the biggest decisions fell along partisan lines.

  • July 05, 2024

    5 Moments That Shaped The Supreme Court's Jan. 6 Decision

    When the high court limited the scope of a federal obstruction statute used to charge hundreds of rioters who stormed the Capitol, the justices did not vote along ideological lines. In a year marked by 6-3 splits, what accounts for the departure? Here are some moments from oral arguments that may have swayed the justices.

  • July 05, 2024

    The Funniest Moments Of The Supreme Court's Term

    In a U.S. Supreme Court term teeming with serious showdowns, the august air at oral arguments filled with laughter after an attorney mentioned her plastic surgeon and a justice seemed to diss his colleagues, to cite just two of the term's mirthful moments. Here, we look at the funniest moments of the term.

  • July 05, 2024

    Judge Should Have Been Disqualified From Case, Panel Said

    A Washington appeals court panel said a trial judge should have been disqualified over bias concerns raised by metro Seattle's bus agency in a worker discrimination case, according to an opinion that said the judge's order allowing an amended complaint was not a discretionary ruling in the case that would have forbid disqualification.

  • July 05, 2024

    Employment Authority: Project 2025's Plans For Labor, NLRB

    Law360 Employment Authority covers the biggest employment cases and trends. Catch up this week with a glimpse into Project 2025's proposals for federal labor policy and the National Labor Relations Board, a look at six significant wage and hour rulings in the first half of 2024 and how the U.S. Supreme Court's decision to overturn Chevron deference could impact litigation involving the Equal Employment Opportunity Commission's Pregnant Workers Fairness Act regulations.

  • July 05, 2024

    Tech Co. Wants To Undo $535K Retaliation Verdict

    A technology company on Wednesday asked a Georgia federal judge to overturn a jury's decision to award a Black worker $535,000 in damages after finding he was fired in retaliation for complaining that his supervisor discriminated against him and that he was denied a raise because of his race.

  • July 05, 2024

    Ex-Law Firm Exec Accused Of Theft Wants 'Malicious' Claim

    A former executive at McElroy Deutsch Mulvaney & Carpenter LLP has asked a New Jersey state court to let her pursue a malicious prosecution counterclaim against the firm over its theft allegations against her, alleging that she didn't engage in any financial fraud. 

  • July 05, 2024

    NC Practice Says Doctor Is Trying To 'Destroy' It In Fraud Suit

    A physician concealed his overprescribing of drugs and fraudulent billing to induce the sale of his practice to another doctor only to "destroy" the clinic by turning patients against the new owner, according to a lawsuit filed in the North Carolina Business Court

  • July 05, 2024

    The Firms That Won Big At The Supreme Court

    This U.S. Supreme Court term featured high-stakes oral arguments on issues including gerrymandering, abortion and federal agency authority, and a hot bench ever more willing to engage in a lengthy back-and-forth with advocates. Here's a look at the law firms that argued the most cases and how they fared.

  • July 05, 2024

    UAW Wants 'Highly Sensitive' Strategy Kept From Monitor

    United Auto Workers is urging a Michigan federal judge to declare that the union can withhold confidential information — such as "highly sensitive" collective bargaining strategy — from the "unprecedented" amount of discovery requested by a monitor investigating alleged financial misconduct and retaliation within the union.

  • July 05, 2024

    Farmworkers Union Wins Partial Block Of DOL Wage Rules

    A Washington federal judge partly blocked U.S. Department of Labor rules on prevailing wage rates that a union claimed depressed farmworkers' wages, saying the agency failed to consider effects on workers and must reinstate wage rates from 2020.

  • July 05, 2024

    Cannabis Co. Trulieve Settles Suit Against Ex-CFO

    A federal judge has agreed to toss with prejudice a lawsuit Trulieve, Florida's largest medical marijuana company, filed against one of its former executives accusing him of misusing hundreds of thousands of dollars of company money, after both sides reached some kind of deal.

  • July 05, 2024

    4 Benefits Policy Moves To Watch In 2024's 2nd Half

    The U.S. Department of Labor and other agencies are expected to issue a final rule implementing a mental health parity-in-coverage statute, and DOL regulations expanding who qualifies as a fiduciary under federal benefits law are set to take effect in the fall. Here are four policy developments benefits attorneys are watching out for in the second half of 2024.

  • July 05, 2024

    3rd Circ. Preview: Ponzi Scheme, Merck Vaccine Heat Up July

    The Third Circuit's July argument schedule is sizzling with several high-stakes cases, including two whistleblowers attempting to make drugmaker Merck answer for allegedly inducing the U.S. government to pay for substandard mumps vaccines.

  • July 05, 2024

    The 3 Biggest Labor Law Decisions Of 2024 So Far

    The first half of 2024 included several significant decisions for labor law, including the U.S. Supreme Court's ruling toughening the standard for evaluating injunctions requested by National Labor Relations Board prosecutors and a Texas federal judge's decision striking down the board's joint employer rule. Here, Law360 examines these cases, as well as some of the other most important decisions from the first six months of the year.

Expert Analysis

  • Opinion

    Requiring Leave To File Amicus Briefs Is A Bad Idea

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    A proposal to amend the Federal Rules of Appellate Procedure that would require parties to get court permission before filing federal amicus briefs would eliminate the long-standing practice of consent filing and thereby make the process less open and democratic, says Lawrence Ebner at the Atlantic Legal Foundation and DRI Center.

  • Beware OSHA's Aggressive Stance Toward Safety Violations

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    The solicitor of labor's recent enforcement report shows the Occupational Safety and Health Administration will increasingly consider creative enforcement measures and even criminal referrals to hold employers accountable for workplace safety infractions, say Ronald Taylor and Page Kim at Venable.

  • 4 Ways To Motivate Junior Attorneys To Bring Their Best

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    As Gen Z and younger millennial attorneys increasingly express dissatisfaction with their work and head for the exits, the lawyers who manage them must understand and attend to their needs and priorities to boost engagement and increase retention, says Stacey Schwartz at Katten.

  • The Tricky Implications Of New Calif. Noncompete Laws

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    Two new California noncompete laws that ban certain out-of-state agreements and require employers to notify certain workers raise novel issues related to mergers and acquisitions, and pose particular challenges for technology companies, says John Viola at Thompson Coburn.

  • Patent Ownership Issues In Light Of USPTO AI Guidance

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    Recently published guidance from the U.S. Patent and Trademark Office establishes that inventions created using artificial intelligence may be patentable if a human also significantly contributes, but ownership and legal rights in these types of patents are different issues that require further assessment, says Karl Gross at Leydig Voit.

  • Calif. Ruling Shows Limits Of Exculpatory Lease Clauses

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    A California court's recent decision in Epochal Enterprises v. LF Encinitas Properties, finding a landlord liable for failing to disclose the presence of asbestos on the subject property, underscores the limits of exculpatory clauses' ability to safeguard landlords from liability where known hazards are present, say Fawaz Bham and Javier De Luna at Hunton.

  • Breaking Down California's New Workplace Violence Law

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    Ilana Morady and Patrick Joyce at Seyfarth discuss several aspects of a new California law that requires employers to create and implement workplace violence prevention plans, including who is covered and the recordkeeping and training requirements that must be in place before the law goes into effect on July 1.

  • Series

    Serving As A Sheriff's Deputy Made Me A Better Lawyer

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    Skills developed during my work as a reserve deputy — where there was a need to always be prepared, decisive and articulate — transferred to my practice as an intellectual property litigator, and my experience taught me that clients often appreciate and relate to the desire to participate in extracurricular activities, says Michael Friedland at Friedland Cianfrani.

  • Fears About The End Of Chevron Deference Are Overblown

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    While some are concerned about repercussions if the U.S. Supreme Court brings an end to Chevron deference in the Loper and Relentless cases this term, agencies and attorneys would survive just fine under the doctrines that have already begun to replace it, say Daniel Wolff and Henry Leung at Crowell & Moring.

  • What A Post-Chevron Landscape Could Mean For Labor Law

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    With the U.S. Supreme Court’s ruling on Chevron deference expected by the end of June, it’s not too soon to consider how National Labor Relations Act interpretations could be affected if federal courts no longer defer to administrative agencies’ statutory interpretation and regulatory actions, say attorneys at Morgan Lewis.

  • Former Minn. Chief Justice Instructs On Writing Better Briefs

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    Former Minnesota Supreme Court Chief Justice Lorie Gildea, now at Greenberg Traurig, offers strategies on writing more effective appellate briefs from her time on the bench.

  • Preparing For Possible Calif. Criminal Antitrust Enforcement

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    Though a recent announcement that the California Attorney General's Office will resume criminal prosecutions in support of its antitrust enforcement may be mere saber-rattling, companies and their counsel should nevertheless be prepared for interactions with the California AG's Antitrust Section that are not limited to civil liability issues, say Dylan Ballard and Lillian Sun at V&E.

  • Studying NY, NJ Case Law On Employee Social Media Rights

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    While a New Jersey state appeals court has twice determined that an employee's termination by a private employer for social media posts is not prohibited, New York has yet to take a stand on the issue — so employers' decisions on such matters still need to be assessed on a case-by-case basis, say Julie Levinson Werner and Jessica Kriegsfeld at Lowenstein Sandler.

  • Stay Interviews Are Key To Retaining Legal Talent

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    Even as the economy shifts and layoffs continue, law firms still want to retain their top attorneys, and so-called stay interviews — informal conversations with employees to identify potential issues before they lead to turnover — can be a crucial tool for improving retention and morale, say Tina Cohen Nicol and Kate Reder Sheikh at Major Lindsey.

  • AI In Accounting Raises OT Exemption Questions

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    A recent surge in the use of artificial intelligence in accounting work calls into question whether professionals in the industry can argue they are no longer overtime exempt under the Fair Labor Standards Act, highlighting how technology could test the limits of the law for a variety of professions, say Bradford Kelley at Littler and Stephen Malone at Peloton Interactive.

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