Employment

  • February 26, 2024

    Insurance Co. Beats Claims Analysts' OT Exemption Suit

    A life insurance company prevailed against disability claim analysts alleging they were wrongfully denied overtime pay, as an Illinois federal judge tossed their suit because the workers are administrative employees exempt from overtime requirements.

  • February 26, 2024

    Teamsters Tells 7th Circ. Sysco Must Arbitrate Benefits Spat

    A Sysco distribution center in Indianapolis must arbitrate its dispute with a Teamsters local over workers' entitlement to early retirement benefits, the union told the Seventh Circuit, arguing the applicable collective bargaining agreement includes a broad arbitration clause.

  • February 26, 2024

    Voters Fight DeSantis' Bid To End Prosecutor Suspension Suit

    Two voters are urging a Florida federal judge not to throw out their suit challenging Gov. Ron DeSantis' suspension of elected prosecutor Monique Worrell, saying the case brings "plausible claims" of "egregious and norm-breaking constitutional violations" by the governor.

  • February 26, 2024

    Mich. Judge Vacates Award For Fund's $40M Liability Claim

    An arbitrator must again review a dispute over a union pension fund's claim that a demolition company owed more than $40 million in withdrawal liability, a Michigan federal judge ruled, vacating the arbitration award because evidence didn't back conclusions about the number of labor contracts involved.

  • February 26, 2024

    Black Truck Drivers Can't Revive Race Bias Suit At 3rd Circ.

    Two Black truck drivers for a supermarket chain couldn't beat "voluminous evidence" that they were fired for threatening a co-worker who one called a "rat" or a "snitch," the Third Circuit ruled, refusing to revive their suit blaming race bias for their termination.

  • February 26, 2024

    High Court Skips Black School Administrator's Retaliation Suit

    The U.S. Supreme Court declined Monday to review a suit from a Black school administrator who claimed she was denied a promotion for opposing racial desegregation plans, leaving in place a split Eighth Circuit decision that found federal employment bias law didn't protect her.

  • February 26, 2024

    FTC Challenges Kroger's $25B Albertsons Buy

    The Federal Trade Commission announced a new, national front Monday against Kroger's heavily criticized $24.6 billion purchase of fellow grocery store giant Albertsons, challenging a deal it said threatens both shoppers and workers and cannot be saved by the planned divestiture of a "hodgepodge" of hundreds of stores.

  • February 26, 2024

    Justices Turn Away Push To Unseal IBM Age Bias Award

    The U.S. Supreme Court refused Monday to review a Second Circuit decision barring a former IBM employee from publicizing her arbitration win on age bias claims, despite her assertion that the appeals court improperly valued confidentiality over public access to court documents.

  • February 26, 2024

    'Blue Chips' Holds Up 30 Years Later Amid NCAA Rules Chaos

    Thirty years after the premiere of "Blue Chips," one of Hollywood's more memorable and star-studded treatments of corruption in college sports, the NCAA faces unprecedented challenges to long-standing definitions of what is and isn't legal for its athletes. Yet, a legal expert and the film's creators say, what Nick Nolte, Shaquille O'Neal and the rest of the cast depicted in the film has aged well.

  • February 23, 2024

    Amazon Pays $1.9M To Abused Workers In Saudi Arabia

    Amazon has paid $1.9 million to over 700 migrant workers who suffered human rights abuses at two of its warehouses in Saudi Arabia, the company said.

  • February 23, 2024

    Top NC Labor Brass Face Retooled 'Incentive' Policy Suit

    A corrosion control company has retooled its claims that North Carolina labor officials incentivized inspectors to issue workplace safety citations, highlighting in a revised complaint the harm caused by the citations after its 2021 lawsuit was tossed last month for failing to make a stronger connection to its alleged injuries.

  • February 23, 2024

    Cannabis Workers Say Co. Imposed Quotas, Didn't Pay Up

    California cannabis company Glass House Brands Inc. and a number of its subsidiaries were hit with a proposed class action suit Tuesday claiming it bilked workers out of sick pay, minimum wage and lunch breaks and that it illegally enforced quotas.

  • February 23, 2024

    The New BIPA? Attys Warn GIPA Is A 'Live Grenade'

    After notable appellate victories in biometric privacy cases, Illinois plaintiffs have seized upon a previously little-used law protecting workers' genetic privacy, leaving defense attorneys wondering if history will repeat itself and open companies to potentially explosive liability. 

  • February 23, 2024

    NCAA Can't Enforce NIL Restrictions Amid Suit, Judge Rules

    A Tennessee federal judge on Friday granted a preliminary injunction preventing the NCAA from enforcing its ban on name, image and likeness compensation for athletes being recruited by institutions, allowing the schools to immediately offer NIL deals to recruits without punishment.

  • February 23, 2024

    Employment Authority: Alito's Defense Of Christian Jurors

    Law360 Employment Authority covers the biggest employment cases and trends. Catch up this week with coverage on how Justice Samuel Alito's criticism following the dismissal of Christian jurors from a sexual orientation bias suit is dividing legal experts, why attorneys are encouraging employers to turn to state arbitration law as the U.S. Supreme Court weighs a carveout for the Federal Arbitration Act and how workers and employers are compromising following the National Labor Relations Board's severance holding.

  • February 23, 2024

    Nonprofit Fights To Keep Child Forced Labor Cocoa Suit Alive

    A nonprofit on Friday challenged U.S. Customs and Border Protection's bid to dismiss allegations the agency ignored a four-year petition to ban major chocolate companies from importing cocoa allegedly harvested by children, saying the delay harmed it by impairing its mission.

  • February 23, 2024

    Feds Back ICE Contractor In 9th Circ. Detainee Wage Fight

    The federal government told the Ninth Circuit that immigrant detainees at contractor-run facilities aren't covered by state labor laws, backing GEO Group Inc.'s effort to overturn $23.2 million in judgments that found a detainee work program violated Washington's minimum wage law.

  • February 23, 2024

    4 Trends Executive Compensation Attorneys Are Watching

    A Delaware Chancery judge's rejection of Elon Musk's $55 billion Tesla pay package shows how a court historically viewed as corporate-friendly may be shifting, one of several trends executive compensation experts told Law360 they're seeing. Here are four issues executive pay lawyers should have on their radar.

  • February 23, 2024

    Reed Smith Names New Heads In Downtown LA, Century City

    Reed Smith LLP has named new managing partners at its two Los Angeles offices, with a longtime corporate attorney assuming control in the Century City office and a labor and employment attorney taking the reins in the downtown Los Angeles office.

  • February 23, 2024

    9th Circ. Upholds NLRB's Refusal To Bargain Order

    A Los Angeles restaurant illegally refused to bargain with a UNITE HERE local, the Ninth Circuit ruled, supporting the National Labor Relations Board's determination that the company couldn't avoid liability for a federal labor law violation by raising the COVID-19 pandemic as an excuse.

  • February 23, 2024

    Mich. Panel Lets Truck Co.'s Win Stand In Age Bias Suit

    A Michigan appeals court has refused to reinstate a former truck company employee's lawsuit alleging she was fired because she was in her 50s and flagged a health issue, saying she failed to rebut the company's argument that she was let go because it no longer had work for her.

  • February 23, 2024

    Mich. Ex-Judge Disbarred For Sending Explicit Texts To Client

    A former Michigan state chief judge was disbarred after he sent sexually explicit text messages to a client, encouraged that client to drink while they were on probation, and practiced while his license was suspended following a drunk driving plea.

  • February 23, 2024

    Staffing Co. To Pay $1.75M, Reclassify Workers In Calif. Deal

    An online shift-booking platform for hotel and restaurant workers will pay $1.75 million to end claims by San Francisco's city attorney and the state of California that it engaged in wage theft by misclassifying thousands of jobs in the hospitality industry, according to court papers. 

  • February 23, 2024

    Houston School Defeats Gay Teacher's Discrimination Suit

    A Texas federal judge tossed a teacher's suit claiming he was let go for being gay, ruling that the Montessori school he worked for showed that his contract wasn't renewed because of complaints about his teaching abilities, not his sexual orientation.

  • February 23, 2024

    Ex-Metals Co. Exec Says He Was Denied Promised Bonuses

    A former vice president for finance and administration at a Pennsylvania metals company told a state court that he was promised yearly performance-based bonuses of about $20,000, but was thwarted by the company's lack of goals and its claim that it wasn't performing well enough even as other employees got bonuses.

Expert Analysis

  • Using Arbitration And Class Waivers As Privacy Suit Tools

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    Amid a surge in data breach class actions over the last few years, several federal court decisions indicate that arbitration clauses and class action waiver provisions can be possible alternatives to public court battles and potentially reduce the costs of privacy litigation, say Mark Olthoff and Courtney Klaus at Polsinelli.

  • Future Not Looking Bright For Calif. Employee Nonsolicits

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    California's new legislation imposing potentially harsh consequences on employers for attempting to enforce noncompetes raises questions about the fate of employee nonsolicitation agreements — and both federal and state court decisions suggest the days of the latter may be numbered, say Anthony Oncidi and Philippe Lebel at Proskauer.

  • 6 Pointers For Attys To Build Trust, Credibility On Social Media

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    In an era of information overload, attorneys can use social media strategically — from making infographics to leveraging targeted advertising — to cut through the noise and establish a reputation among current and potential clients, says Marly Broudie at SocialEyes Communications.

  • Del. Ruling Stands Out In Thorny Noncompete Landscape

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    In Cantor Fitzgerald v. Ainslie, the Delaware Supreme Court last month upheld the enforceability of forfeiture-for-competition provisions in limited partnership agreements, providing a noteworthy opinion amid a time of increasing disfavor toward noncompetes and following a string of Chancery Court rulings deeming them unreasonable, say Margaret Butler and Steven Goldberg at BakerHostetler.

  • Class Actions At The Circuit Courts: February Lessons

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    In this month's review of class action appeals, Mitchell Engel at Shook Hardy discusses five notable circuit court decisions on topics from property taxes to veteran's rights — and provides key takeaways for counsel on issues including class representative intervention, wage-and-hour dispute evidence and ascertainability requirements.

  • A Post-Mortem Analysis Of Stroock's Demise

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    After the dissolution of 147-year-old firm Stroock late last year shook up the legal world, a post-mortem analysis of the data reveals a long list of warning signs preceding the firm’s collapse — and provides some insight into how other firms might avoid the same disastrous fate, says Craig Savitzky at Leopard Solutions.

  • Reassessing Trade Secrets Amid Proposed Noncompete Ban

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    The Federal Trade Commission's proposed ban on noncompete agreements as well as state bans make it prudent for businesses to reevaluate and reinvigorate approaches to trade secret protection, including knowing what information employees are providing to vendors, and making sure confidentiality agreements are put in place before information is shared, says Rob Jensen at Wolf Greenfield.

  • NYC Cos. Must Prepare For Increased Sick Leave Liability

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    A recent amendment to New York City's sick leave law authorizes employees for the first time to sue their employers for violations — so employers should ensure their policies and practices are compliant now to avoid the crosshairs of litigation once the law takes effect in March, says Melissa Camire at Fisher Phillips.

  • Employer Best Practices In Light Of NY Anti-Trans Bias Report

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    A recent report from the New York State Department of Labor indicates that bias against transgender and nonbinary people endures in the workplace, highlighting why employers must create supportive policies and gender transition plans, not only to mitigate the risk of discrimination claims, but also to foster an inclusive work culture, says Michelle Phillips at Jackson Lewis.

  • Considering The Logical Extremes Of Your Legal Argument

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    Recent oral arguments in the federal election interference case against former President Donald Trump highlighted the age-old technique of extending an argument to its logical limit — a principle that is still important for attorneys to consider in preparing their cases, says Reuben Guttman at Guttman Buschner.

  • 2nd Circ. Ruling Will Guide Social Media Account Ownership

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    The Second Circuit’s recent decision in JLM Couture v. Gutman — which held that ownership of social media accounts must be resolved using traditional property law analysis — will guide employers and employees alike in future cases, and underscores the importance of express agreements in establishing ownership of social media accounts, says Joshua Glasgow at Phillips Lytle.

  • Storytelling Strategies To Defuse Courtroom Conspiracies

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    Misinformation continues to proliferate in all sectors of society, including in the courtroom, as jurors try to fill in the gaps of incomplete trial narratives — underscoring the need for attorneys to tell a complete, consistent and credible story before and during trial, says David Metz at IMS Legal Strategies.

  • HR Antitrust Compliance Crucial Amid DOJ Scrutiny

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    The Justice Department's Antitrust Division recently announced a required human resources component for antitrust compliance programs, which means companies should evaluate their policies to prevent, detect and remediate potential violations as they add training for HR professionals, say attorneys at Morgan Lewis.

  • Calif. Disclosure Update Adds To Employer Trial Prep Burden

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    Though California’s recently updated litigation disclosure procedures may streamline some aspects of employment suits filed in the state, plaintiffs' new ability to demand a wider range of information on a tighter timeline will burden companies with the need to invest more resources into investigating cases much earlier in the process, says Jeffrey Horton Thomas at Fox Rothschild.

  • Mass Arb. Rule Changes May Be A Hindrance For Consumers

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    The American Arbitration Association's recent changes to its mass arbitration supplementary rules and fee schedule, including a shift from filing fees to initiation and per-case fees, may reduce consumers' ability to counteract businesses' mandatory arbitration agreements, say Eduard Korsinsky and Alexander Krot at Levi & Korsinsky.

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