Employment

  • November 28, 2023

    Ex-NJ Judge Can Get Cop Records In Discrimination Suit

    A former New Jersey Superior Court judge will soon get internal affairs records for the Woodbridge Police Department officers she has accused of racial bias, false arrest and malicious prosecution, as a federal magistrate judge has ruled that case law supports her bid for the files.

  • November 28, 2023

    4th Circ. Denies Ex-Defender's Bid To Hurry Harassment Trial

    The Fourth Circuit said Tuesday it won't interfere with the trial schedule in a former public defender's sexual harassment case against the federal judiciary, rejecting the attorney's arguments that the district court has moved too slowly on her preliminary injunction request.

  • November 28, 2023

    Citrix Barred From Discussing OT Deal Terms With Employees

    A North Carolina federal judge barred Citrix from communicating with employees about a $5.9 million overtime settlement after the workers' counsel asked for a protective order, agreeing that Citrix's human resources "plainly violated" the terms of the deal when they held meetings to discuss its terms.

  • November 28, 2023

    Bakery Distributors Ask Supreme Court To Wait To Mull Case

    Workers who delivered baked goods for Flowers Foods and two subsidiaries told the U.S. Supreme Court that the companies' petition to the high court to review a First Circuit decision denying them arbitration should wait for a similar case.

  • November 28, 2023

    Suit Says Pot Patient Fired After Being Forced To Take Leave

    A Pennsylvania man suffering from eye issues and kidney disease says he was demoted upon his employer, thermoplastics company Sekisui Kydex LLC, learning of his medical cannabis use and then fired while on medical leave partially on the basis of his need for accommodation, according to a lawsuit in Pennsylvania federal court.

  • November 28, 2023

    Law Firm Leaders Cautiously Optimistic Heading Into 2024

    Major U.S. law firms are steadfast in their commitment to the pursuit of further growth despite ongoing economic uncertainty. Here’s what the leaders of four Leaderboard firms have to say about how the legal industry is preparing for next year.

  • November 28, 2023

    The 2023 Law360 Pulse Leaderboard

    Check out the Law360 Pulse Leaderboard to see which first-in-class firms made the list this year.

  • November 28, 2023

    Reporter Says NFL's Stance On Racism Suit 'Abhorrent'

    Attorneys for award-winning sports journalist Jim Trotter have responded to the National Footbal League's plan to file a motion to dismiss his racial discrimination and retaliation lawsuit, penning a letter calling the motion "frivolous" and the league's defense against his allegations "morally abhorrent."

  • November 28, 2023

    Lease Compliance Co., Ex-Worker Settle Unpaid OT Suit

    A North Carolina-based lease management company and a former employee told a Texas federal court they had reached an agreement to end the worker's suit alleging the company failed to pay her overtime wages, asking the court to close the case.

  • November 27, 2023

    McDonald's Asks Justices To Review Workers' No-Poach Case

    McDonald's asked the U.S. Supreme Court on Monday to review the Seventh Circuit's revival of a proposed class action alleging the company's since-discontinued no-poach provisions in franchisee agreements violated antitrust laws.

  • November 27, 2023

    NY Adult Survivors Act Window Shuts, Airing Years Of Abuse

    While survivors of sexual abuse and their attorneys rushed last week to file otherwise time-barred lawsuits before the New York Adult Survivors Act's lookback window closed, attorneys are waiting to see if the law allows them to hold alleged assailants and enabling institutions to account.

  • November 27, 2023

    Commerce Dept. Wants Feedback On Draft DEI Principles

    The U.S. Department of Commerce asked the public on Monday for feedback on a proposed set of principles for diversity, equity, inclusion and accessibility in the private sector and on the impact of so-called DEIA initiatives that already exist.

  • November 27, 2023

    Feds Accountable For BIA Officials' Actions, 9th Circ. Hears

    Two Native American advocacy groups are urging a Ninth Circuit panel to overturn a Montana district court's ruling that the federal government isn't responsible for the actions of its Bureau of Indian Affairs officers, saying the prospect that the case is not suitable for torts litigation undermines the safety of Native American women.

  • November 27, 2023

    9th Circ. Strikes Down Harbor Towing Co.'s Arbitration Appeal

    The Ninth Circuit has upheld a lower court's decision denying a harbor towing company's bid to arbitrate a deck engineer's wage-and-hour suit, finding there to be no valid arbitration agreement covering the engineer's statutory wage claims without a "clear and unmistakable waiver of a judicial forum" for those claims.

  • November 27, 2023

    Firm Bows Out Of Pursuing UFC Fighters For Wage Claims

    Sparacino PLLC has agreed to stop contacting UFC contenders who are potential members of a proposed class in a Nevada federal lawsuit that accuses the organization of repressing wages and is already represented by a group of lawyers from several firms.

  • November 27, 2023

    Amicus Groups Tell High Court To End Chevron Deference

    Six groups, including the Ohio Chamber of Commerce and several former state supreme court judges, filed friend-of-the-court briefs on Monday urging the U.S. Supreme Court to overturn a decades-old legal doctrine stating that courts must defer to federal agencies' interpretation of ambiguous laws.

  • November 27, 2023

    DOL Defends Dismissal of UAW Member's Election Gripes

    The U.S. Department of Labor told a Michigan federal court that an erstwhile candidate for United Auto Workers leadership failed to establish that its dismissal of his allegations of union election misconduct was arbitrary and urged the court to toss his suit.

  • November 27, 2023

    Did OCC Get Duped? Ex-Fintech Official's Resume Unravels

    The Office of the Comptroller of the Currency hired its first-ever chief financial technology officer earlier this year, touting him as a nearly 30-year financial sector veteran. But records obtained by Law360 indicate a fabricated professional background that suggests the agency may have been hoodwinked when hiring him.

  • November 27, 2023

    Ex-Papa John's Manager Resubmits $5M No-Poach Settlement

    A former Papa John's manager wants to assuage a Kentucky federal judge's concerns over a $5 million settlement resolving claims over "no poach" provisions in the pizza chain's franchise agreements, arguing it doesn't matter that the deal covers both managerial and non-managerial workers or that some of them signed arbitration agreements because all plaintiffs were harmed by a "uniform" wage policy and all are making the same claim with the same theory of damages.

  • November 27, 2023

    Pa. Justices Say Construction Bid Fight Belongs To PennDOT

    Pennsylvania may block a construction firm accused of underpaying its workers from bidding on new construction contracts, as the state's Supreme Court ruled that the company must first contest any debarment with the state Department of Transportation before filing suit.

  • November 27, 2023

    Equipment Rental Co. Dodges Worker's Retaliation Suit

    A North Carolina federal judge tossed a suit alleging Herc Rentals Inc. fired an employee after he made a series of internal safety complaints, saying the plaintiff failed to show that the company retaliated against him, according to the order entered Monday.

  • November 27, 2023

    Food Co. Asks Justices To Weigh In On NLRB GC Firing Limits

    A food distributor has asked the U.S. Supreme Court to review a Fifth Circuit decision rejecting its argument that President Joe Biden could not fire the former National Labor Relations Board general counsel, arguing that the case could clarify the limits of removal protections for agency officers.

  • November 27, 2023

    Investment Co. Can't Send Coverage Suit Back To State Court

    A Connecticut federal court refused to send an investment firm's suit seeking coverage for an employment discrimination action back to state court, finding that the firm's insurer satisfied the requirements for removal.

  • November 27, 2023

    Ex-Allstate Agent Settles Allegations She Swiped Customers

    A former Allstate agent has agreed not to sell competing products to her former customers as part of a deal resolving allegations she improperly used Allstate's client lists and confidential information after she stopped working with the company, according to an order filed Friday.

  • November 27, 2023

    What's Next For Labor Enforcement After DOJ Punts Case?

    The future of U.S. Department of Justice criminal prosecutions against "no-poach" deals between rival employers appears troubled after the DOJ dropped its last still-pending public case following a series of high-profile losses, in one of two cases Antitrust Division prosecutors quietly abandoned in a single week.

Expert Analysis

  • Employer Lessons After 2023's Successful Labor Strikes

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    Following recent historic strikes in the automotive, entertainment and health care industries, employers of all types can learn key insights about how unions may approach negotiations and strikes going forward, and nonunionized workplaces should anticipate a drive for increased union membership, say Lenny Feigel and Mark Neuberger at Foley & Lardner.

  • Why Criminal No-Poach Cases Can Be Deceptively Complex

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    Mark Rosman at Wilson Sonsini discusses the reasons many criminal no-poach cases that appear simple are actually more complicated than they seem, following several jury trial acquittals and two dismissed cases.

  • The Case For Post-Bar Clerk Training Programs At Law Firms

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    In today's competitive legal hiring market, an intentionally designed training program for law school graduates awaiting bar admission can be an effective way of creating a pipeline of qualified candidates, says Brent Daub at Gilson Daub.

  • Why Employers Should Refrain From 'Quiet Firing'

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    While quiet firing — when an employer deliberately makes working conditions intolerable with the goal of forcing an employee to quit — has recently been identified in the news as a new trend, such constructive discharge tactics have been around for ages, and employers would do well to remember that, comparatively, direct firings may provide more legal protection, says Robin Shea at Constangy.

  • SEC Whistleblower Action Spotlights Risks For Private Cos.

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    The U.S. Securities and Exchange Commission’s recent whistleblower action against Monolith Resources holds important implications for private companies, who could face unprecedented regulatory scrutiny amid the agency's efforts to beef up environmental, social and governance reporting and enforcement, say attorneys at Wiley.

  • Attorneys Have An Ethical Duty To Protect The Judiciary

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    The tenor of public disagreement and debate has become increasingly hostile against judges, and though the legislative branch is trying to ameliorate this safety gap, lawyers have a moral imperative and professional requirement to stand with judges in defusing attacks against them and their rulings, says Deborah Winokur at Cozen O'Connor.

  • 5 New Calif. Laws Employers Need To Know

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    Now is a good time for employers to evaluate personnel rules to keep pace with California’s newly adopted employee protections, which go into effect early next year and include laws regarding reproductive loss leave, cannabis use, workplace violence prevention and noncompete agreements, say attorneys at Farella Braun.

  • 3 Employer Strategies To Streamline Mass Arbitrations

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    Workers under arbitration agreements have gained an edge on their employers by filing floods of tedious and expensive individualized claims, but companies can adapt to this new world of mass arbitration by applying several new strategies that may streamline the dispute-resolution process, says Michael Strauss at Alternative Resolution Centers.

  • AI Can Help Lawyers Overcome The Programming Barrier

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    Legal professionals without programming expertise can use generative artificial intelligence to harness the power of automation and other technology solutions to streamline their work, without the steep learning curve traditionally associated with coding, says George Zalepa at Greenberg Traurig.

  • How AI 'Cultural Fit' Assessments Can Be Analyzed For Bias

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    Attorneys at Sanford Heisler explore how the use of artificial intelligence to assess workplace cultural fit may provide employees with increased opportunities to challenge biased hiring practices, and employers with more potential to mitigate against bias in algorithmic evaluations.

  • High Court's Old, Bad Stats Analysis Can Miss Discrimination

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    Courts and practitioners should reconsider a common statistical test for evidence of employment discrimination, created by the U.S. Supreme Court for its 1977 Castaneda and Hazelwood cases, because its “two or three standard deviations” criteria stems from a misunderstanding of statistical methods that can dramatically minimize the actual prevalence of discrimination, says Daniel Levy at Advanced Analytical Consulting Group.

  • Transparency And Explainability Are Critical To AI Compliance

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    Although there is not yet a comprehensive law governing artificial intelligence, regulators have tools to hold businesses accountable, and companies need to focus on ensuring that consumers and key stakeholders understand how their AI systems operate and make decisions, say Chanley Howell and Lauren Hudon at Foley & Lardner.

  • Preparing Law Students For A New, AI-Assisted Legal World

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    As artificial intelligence rapidly transforms the legal landscape, law schools must integrate technology and curricula that address AI’s innate challenges — from ethics to data security — to help students stay ahead of the curve, say Daniel Garrie at Law & Forensics, Ryan Abbott at JAMS and Karen Silverman at Cantellus Group.

  • Series

    In Focus At The EEOC: Emerging And Developing Issues

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    The U.S. Equal Employment Opportunity Commission's recently finalized strategic enforcement plan highlights how the agency will prioritize its limited resources over the next four years, and the most notable emerging issues include ensuring protections for pregnant workers and those dealing with long-term COVID-19 effects, says Jim Paretti at Littler.

  • SEC Fines Mean Cos. Should Review Anti-Whistleblower Docs

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    The Securities and Exchange Commission’s expanding focus on violations of whistleblower protection laws — as seen in recent settlements where company contracts forbade workers from reporting securities misconduct — means companies should review their employment and separation agreements for language that may discourage reporting, says Caroline Henry at Maynard Nexsen.

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