Employment

  • September 02, 2025

    Pot Cos. Say Berkshire Hathaway Unit Must Cover Death Suit

    A group of cannabis companies said a Berkshire Hathaway unit must cover their defense in an underlying suit over a worker's death, telling a Florida federal court that the allegations trigger either the policy's workers' compensation coverage or employers' liability coverage.

  • September 02, 2025

    4th Circ. Won't Stop Dance Teachers From Using 'Inspire' TM

    A charter school failed to convince the Fourth Circuit to block two former teachers from using the name "Inspire" for their dance company, with a panel finding Tuesday that the school's trademark infringement and false advertising claims didn't have enough juice.

  • September 02, 2025

    Ga. Atty Aims To Pause Arbitration In Wage Fight With Ex-Firm

    An Atlanta attorney suing her former law firm, John Foy & Associates, is seeking to put arbitration on hold while her claims for harassment and retaliation play out in Georgia federal court, saying that allowing the two matters to proceed simultaneously risks "duplicative proceedings, inconsistent findings and unnecessary expense."

  • September 02, 2025

    NCAA Fights Wisconsin Footballer's Renewed Eligibility Bid

    A University of Wisconsin football player's second bid for an injunction allowing him an extra year to play did not fix the problems that led to the first bid being overturned on appeal, the NCAA told a Wisconsin federal judge in its renewed defense of its eligibility rules.

  • September 02, 2025

    2nd Circ. Backs X In Arb. Fees In Severance Case

    Courts can't sort out who pays arbitration fees, and employers' refusal to pay such fees isn't a failure to arbitrate, the Second Circuit ruled Tuesday, siding with X in a case accusing the social media platform of owing workers severance.

  • August 29, 2025

    Employment Authority: Courts Back A Broad EEOC

    Law360 Employment Authority covers the biggest employment cases and trends. Catch up this week with coverage on a recent Second Circuit ruling that adds to a growing consensus among circuit courts that the U.S. Equal Employment Opportunity Commission should have a long leash, why it may have just gotten harder for California employers to defend against minimum wage suits, and a reflection on the exit of National Labor Relations Board Chairman Marvin Kaplan.

  • August 29, 2025

    DC Judge Says Fed. Reserve Gov. Can't Get TRO Just Yet

    Federal Reserve Board Governor Lisa Cook didn't walk away from her emergency hearing with the temporary restraining order she was looking for, but a D.C. federal judge said she was willing to expedite briefing over the president's attempt to strip Cook of her position.

  • August 29, 2025

    Logistics Cos. Can't Escape Worker Visa Misuse Class Action

    Two logistics companies have failed to escape a proposed class action accusing them of misusing a professional worker visa program to lure workers from Mexico, with a Georgia federal judge trimming out some discrimination and fair labor claims, but allowing several others to proceed.

  • August 29, 2025

    EEOC, Sam's Club Strike $60K Deal In ADA Suit

    The operators of warehouse club retail store Sam's Club will pay $60,000 to end a U.S. Equal Employment Opportunity Commission suit alleging a worker was refused accommodations and ultimately fired after attempting to return to work following an automobile accident.

  • August 29, 2025

    Former National Security Officials Say Union EO Went Too Far

    Although President Donald Trump said he was protecting national security when he opened the door for dozens of agencies to shred their union contracts, he was actually retaliating against the unions for speaking out against him, a coalition of former senior national security officials told the Ninth Circuit on Friday.

  • August 29, 2025

    Ex-Philly Labor Leader Cites Ailing Wife In Prison Release Bid

    John Dougherty, the former business manager of the International Brotherhood of Electrical Workers Local 98 in Philadelphia, has asked a federal judge to free him early from his six-year prison term for bribery and embezzlement so that he can go home to care for his ailing wife, who he claims will ultimately die without his assistance.

  • August 29, 2025

    Amazon Workers Get Class Nod In Military Leave Bias Suit

    A New York federal judge handed class certification to a group of workers alleging Amazon did not provide equal leave benefits to service members compared to those who took other forms of leave such as jury duty, although he found the class representative couldn't lead the case.

  • August 29, 2025

    US Education Dept. Finds Denver Schools Flouted Title IX

    The first Title IX investigation undertaken by the U.S. Department of Education's Office for Civil Rights since President Donald Trump returned to office found Denver Public Schools violated Title IX by converting two bathrooms at a local high school to multi-stall, all-gender bathrooms, according to a Thursday news release from the OCR.

  • August 29, 2025

    GardaWorld Can't Avoid Tobacco, Vaccine Health Fee Suit

    A North Carolina federal judge trimmed — but refused to toss — a proposed class action challenging a security company's health plan surcharges to employees who refused COVID-19 vaccinations and who use tobacco, opening discovery on claims that the fees violated nondiscrimination provisions in federal benefits law.

  • August 29, 2025

    Calif. AG Puts Conditions On $24B Walgreens Deal

    California enforcers have reached a settlement that puts several conditions on Sycamore Partners' recently completed $24 billion deal for Walgreens Boots Alliance Inc., including measures intended to protect competition, patients and workers in the state.

  • August 29, 2025

    NC Biz Court Crops Doctors' Dispute Over Practice Split

    A state court judge has pared down claims against a North Carolina doctor in a messy legal dispute with his former business partners, finding they failed to show how he breached a settlement agreement governing their separation and that his allegedly disparaging remarks about another doctor don't rise to the level of causing extreme emotional distress.

  • August 29, 2025

    NLRB Atty Joins Blank Rome's Labor Group In Philadelphia

    An attorney who spent the first 15 years of his legal career working with National Labor Relations Board has recently moved into private practice and joined Blank Rome LLP's growing labor team.

  • August 29, 2025

    UPenn Prof Suspended For Racist Remarks Loses Bias Claim

    University of Pennsylvania law professor Amy Wax lost her federal discrimination claims against the school for suspending her over disparaging comments she made about minorities, with a judge finding that she was disciplined for racist speech, not because of her own race.

  • August 29, 2025

    Ill. Jury Sides With Ex-CTA Worker In Vax Bias Lawsuit

    An Illinois federal jury on Friday awarded a former Chicago Transit Authority employee $425,000 in damages, finding the transit agency liable on his religious discrimination claim after he was terminated following his refusal to take the COVID-19 vaccine and denied an exemption to the agency's vaccine requirement.

  • August 29, 2025

    Elevance Says Worker Seeking 'Bizarre' Payout In Late Suit

    A former Elevance utilization representative's proposed class suit claiming the company owes her damages for paying her last paycheck late would lead to a "bizarre" conclusion, the entity told a Connecticut state court, arguing that she is potentially owed only $1.18.

  • August 29, 2025

    Northwestern Beats Ex-Coach's Defamation Claims, For Now

    Northwestern University has for now escaped the defamation suit of a former assistant football coach caught up in the program's hazing scandal, with an Illinois state court ruling that alleged defamatory statements were not specifically about him.

  • August 29, 2025

    Single Slur Not Enough For Retaliation Suit, Judge Says

    A Michigan federal judge stood by her dismissal of an Arab American worker's suit claiming a car dealership fired him for protesting a supervisor's racist language while following up on her original ruling to say that opposition to the single use of a slur isn't enough to establish a retaliation case.

  • August 29, 2025

    States Say White House Caved In AmeriCorps Cut Fight

    A coalition consisting of Maryland, two dozen other states and D.C. that is challenging the Trump administration's attempts to slash AmeriCorps programs and withhold funds announced Friday the White House has chosen to release nearly $185 million as it faced "a blistering legal defeat."

  • August 29, 2025

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

    This past week in London has seen Prosecco DOC Consortium bring an intellectual property claim against a distributor, the Serious Fraud Office bring a civil recovery claim against the ex-wife of a solicitor jailed over a £19.5 million fraud scheme, and law firm Joseph Hage Aaronson & Bremen LLP sue its former client, the bankrupt Indian tycoon Vijay Mallya. Here, Law360 looks at these and other new claims in the U.K.

  • August 29, 2025

    Orkin Pest Control Overtime Case Put On Hold

    A Georgia federal judge agreed to pause a suit accusing pest control giant Orkin of automatically deducting time for unpaid breaks from thousands of employees who did not take the breaks and requiring unpaid training sessions.

Expert Analysis

  • Series

    Adapting To Private Practice: From Texas AUSA To BigLaw

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    As I learned when I transitioned from an assistant U.S. attorney to a BigLaw partner, the move from government to private practice is not without its hurdles, but it offers immense potential for growth and the opportunity to use highly transferable skills developed in public service, says Jeffery Vaden at Bracewell.

  • Union Interference Lessons From 5th Circ. Apple Ruling

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    The Fifth Circuit's recent holding that Apple did not violate the National Labor Relations Act during a store's union organizing drive provides guidance on what constitutes coercive interrogation and clarifies how consistently enforced workplace policies may be applied to union literature, say attorneys at Proskauer.

  • Advice For 1st-Gen Lawyers Entering The Legal Profession

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    Nikki Hurtado at The Ferraro Law Firm tells her story of being a first-generation lawyer and how others who begin their professional journeys without the benefit of playbooks handed down by relatives can turn this disadvantage into their greatest strength.

  • Employer Tips As Memo Broadens Religious Accommodations

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    A recent Trump administration memorandum seeking to expand religion-related remote work accommodations for federal workers continues the trend of prioritizing religious rights in the workplace, which should alert all employers as related litigation shows no signs of slowing down, say attorneys at Seyfarth Shaw.

  • Series

    Coaching Cheerleading Makes Me A Better Lawyer

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    At first glance, cheerleading and litigation may seem like worlds apart, but both require precision, adaptability, leadership and the ability to stay composed under pressure — all of which have sharpened how I approach my work in the emotionally complex world of mass torts and personal injury, says Rashanda Bruce at Robins Kaplan.

  • 5th Circ. Ruling Signals Strife For Employers Navigating ADA

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    While the Fifth Circuit’s recent decision in Strife v. Aldine Independent School District demonstrates that speed is not a perfect shield against workers' Americans with Disabilities Act claims, it does highlight how courts may hold employers liable for delays in the interactive accommodation process, say attorneys at Krevolin & Horst.

  • Series

    Law School's Missed Lessons: How To Make A Deal

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    Preparing lawyers for the nuances of a transactional practice is not a strong suit for most law schools, but, in practice, there are six principles that can help young M&A lawyers become seasoned, trusted deal advisers, says Chuck Morton at Venable.

  • 4th Circ. Clarifies Employer Duties For ADA Accommodations

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    The Fourth Circuit's recent decision in Tarquinio v. Johns Hopkins indicates that an employer's obligation to provide accommodations under the Americans with Disabilities Act may never arise if an employee obstructs the process, underscoring that ADA protections depend on cooperation between both parties, say attorneys at Hunton.

  • From Clerkship To Law Firm: 5 Transition Tips For Associates

    Excerpt from Practical Guidance
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    Transitioning from a judicial clerkship to an associate position at a law firm may seem daunting, but by using knowledge gained while clerking, being mindful of key differences and taking advantage of professional development opportunities, these attorneys can flourish in private practice, say attorneys at Lowenstein Sandler.

  • 9 Jury Selection Lessons From The Combs Trial

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    U.S. District Judge Arun Subramanian’s unusually thorough jury selection process for the trial of Sean Combs offers attorneys and judges a master class in using case-specific juror questionnaires and extended attorney-led voir dire to impanel better juries that produce more just outcomes, say Kevin Homiak at Wheeler Trigg and Leslie Ellis at The Caissa Group.

  • 9th Circ.'s Trade Secrets Ruling Is A Win For DTSA Plaintiffs

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    The Ninth Circuit's recent decision in Quintara v. Ruifeng shifts the balance in federal trade secret litigation toward a more flexible, discovery-driven process, meaning that plaintiffs may be more likely to pursue claims under the Defend Trade Secrets Act, and early motions to strike or dismiss will face steep odds, say attorneys at Cooley.

  • NY Bill Would Complicate Labor Law Amid NLRB Uncertainty

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    The New York Legislature passed a bill that, if enacted, would grant state agencies the power to enforce federal labor law, potentially causing significant challenges for employers as they could be subject to both state and federal regulators depending on the National Labor Relations Board's operational status, say attorneys at Sheppard Mullin.

  • Associates Can Earn Credibility By Investing In Relationships

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    As the class of 2025 prepares to join law firms this fall, new associates must adapt to office dynamics and establish credible reputations — which require quiet, consistent relationship-building skills as much as legal acumen, says Kyle Forges at Bast Amron.

  • Calif. Arbitration Fee Ruling Gives Employers Slight Leeway

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    The California Supreme Court's decision in Hohenshelt v. Superior Court of Los Angeles County offers a narrow lifeline that protects employers from losing arbitration rights over inadvertent fee payment delays, but auditing arbitration agreements and implementing payment tracking protocols can ensure that deadlines are always met, say attorneys at Buchalter.

  • When Misconduct Can Trigger Bank Industry Employment Ban

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    The Federal Reserve Board recently settled an enforcement action in which a former employee of a Wyoming bank was banned from banking for conduct she allegedly committed at an entity unrelated to the bank, raising questions about the scope of regulatory enforcement authority, says Travis Nelson at Polsinelli.

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