Employment

  • September 12, 2025

    Employment Authority: Enticing Vax Fight Hits The High Court

    Law360 Employment Authority covers the biggest employment cases and trends. Catch up this week with coverage on why experts think the U.S. Supreme Court may be interested in reviewing a suit from religious healthcare workers challenging a New York state vaccination requirement, how a Washington Supreme Court ruling has left the state's pay transparency law in a gray area and why the excessive output from the new National Labor Relations Board's acting general counsel makes him an outlier. 

  • September 12, 2025

    DOJ Says It Rejected Info-Sharing In Wayne-Sanderson Talks

    The U.S. Department of Justice sought to show a Maryland federal judge a key document from its settlement talks with Wayne-Sanderson Farms, arguing it underscores that the poultry producer wanted to keep sharing wage information, only for the company to be told no.

  • September 12, 2025

    Builders Urge 11th Circ. To Block Biden's EO Labor Mandate

    An association of builders on Friday urged the Eleventh Circuit to block a Biden administration executive order requiring labor agreements for all federal contracts exceeding $35 million, arguing the order will cause irreparable harm by increasing costs and reducing competition in the construction industry. 

  • September 12, 2025

    Taylor Swift Will Only Sit For 'It Ends With Us' Depo If 'Forced'

    Taylor Swift's counsel at Venable LLP told a Manhattan federal judge Friday that the pop superstar has not agreed to be deposed in actress Blake Lively's defamation case against her "It Ends With Us" co-star Justin Baldoni, but could do so the week of Oct. 20 "if she is forced."

  • September 12, 2025

    6th Circ. Backs Kent State In Prof's Trans Bias Suit

    The Sixth Circuit ruled Friday that Kent State University backtracked on a promotion promised to a transgender professor because of insulting tweets and emails directed at colleagues, not because of their gender identity.

  • September 12, 2025

    6th Circ. Backs University In Ex-HR Director's Retaliation Suit

    The Sixth Circuit on Friday upheld the dismissal of a white former human resources director's lawsuit claiming the University of Toledo fired her for opposing a colleague's promotion, saying the four-month gap between her complaint and termination was too much to support a retaliation suit.

  • September 12, 2025

    Chicago Teachers Union Beats Teacher's Race Bias Suit

    The Chicago Teachers Union won't have to face a lawsuit alleging that it discriminated against a teacher by not pursuing four grievances she filed, an Illinois federal judge ruled Friday, saying she did not put forward evidence connecting the union's inaction to her race or national origin and has "done nothing more than speculate."

  • September 12, 2025

    NC Auditor Urges Transparency After Cop Gets $305K Payout

    The North Carolina auditor's office recommended Friday that the city of Charlotte reconsider its funding sources for settlements and be more transparent about those arrangements following an investigation into the city's secretive $305,000 deal with its outgoing police chief.

  • September 12, 2025

    3rd Circ. Backs Philly School In Worker's COVID Leave Suit

    A former Philadelphia school employee resigned rather than being fired, the Third Circuit said Friday, affirming a federal court decision tossing his suit claiming he was discriminated against for refusing to get the coronavirus vaccine because of his religious beliefs.

  • September 12, 2025

    Waste Management Cos. Must Face Union Benefit Funds' Suit

    Two Boston-area waste management companies must face claims that they conspired to shortchange a pair of Teamsters benefit funds, a Massachusetts federal judge ruled Friday, tossing the companies' motion for summary judgment.

  • September 12, 2025

    Off The Bench: NCAA Athlete Ban, WNBA Sun Controversy

    In this week's Off The Bench, the NCAA administered permanent bans to three basketball players, and two high-profile politicians warned the WNBA that it could be at risk of violating antitrust laws if it interferes in the sale of the Connecticut Sun.

  • September 12, 2025

    DC Circ. Probes NLRB's Employee Criticism Protections

    A D.C. Circuit panel struggled Friday with the appropriate line for when an employee's public criticisms of their employer maintain protection under federal labor law as it weighed upholding a National Labor Relations Board ruling finding a Texas utility unlawfully fired a worker who testified before the state Senate.

  • September 12, 2025

    Assurant Rival Seeks Toss Of 'Scant' Racketeering Claims

    A former salesman for auto warranty underwriter Assurant called on a federal judge Thursday to release him from the company's suit alleging he hatched a conspiracy to poach clients and steal records, arguing his old employer had blown up a "garden-variety business dispute" into a bogus racketeering claim.

  • September 12, 2025

    Va. City Attorney Tells 4th Circ. He's Immune From FMLA Suit

    A Virginia federal judge erred by allowing a Family and Medical Leave Act suit against a municipal attorney to head to trial, the attorney said Friday, asking the Fourth Circuit to hold that he is immune from suit.

  • September 12, 2025

    Conn. Supreme Court Snapshot: Amazon Wages Top Sept.

    A wage and hour dispute between Amazon and its Connecticut warehouse workers is the top corporate dispute on the Connecticut Supreme Court's September docket after the justices agreed to answer a certified question over whether state law requires the retailer to pay employees undergoing security screenings.

  • September 12, 2025

    Cos. Ask Conn. Court To Pause Trial For Steakhouse Workers

    An upcoming trial over unpaid wages against a steakhouse at the Foxwoods Resort Casino in Connecticut should be put on hold after the attorney representing a class of tipped servers accused a judge of bias, a group of companies told a state court.

  • September 12, 2025

    NYC Eviction Counsel Program Struggles To Meet Its Goals

    More than half the households eligible for New York City's Right to Counsel program are not receiving legal representation in eviction cases, with representation rates for all households that appear in court peaking at just over half of tenants in 2022 before falling to roughly one-third of citywide tenants in 2024, according to a report.

  • September 12, 2025

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

    This past week in London has seen former Master Chef presenter Gregg Wallace sue the BBC, Elon Musk's xAI take legal action against a staff engineer, and fashion mogul Kevin-Gerald Stanford file a fresh claim against Lion Capital-owned Klotho and EY amid a long-running All Saints share acquisition dispute.

  • September 11, 2025

    4th Circ. Uneasy Weighing SSA Data Case After Justices' Stay

    The full Fourth Circuit on Thursday seemed inclined to maintain the government's access to U.S. Social Security Administration records since the U.S. Supreme Court granted the same relief in an emergency order, but also noted that the justices left them bereft of a blueprint for evaluating the merits of that access.

  • September 11, 2025

    BofA Still Can't Block Exec Depositions In COVID Fraud MDL

    A California federal judge has refused to rethink his earlier order requiring Bank of America NA's CEO and former chief operating officer to sit for depositions in multidistrict litigation over alleged security failures at the bank during the COVID-19 pandemic, ruling the bank hasn't shown he erred.

  • September 11, 2025

    Doctor Says Brother's Ex-Firm Reneged On Pro Bono Promise

    A doctor has accused Whiteford Taylor & Preston LLP of backing out of its promise to represent her free of charge in litigation by her former employer, the University of Oklahoma College of Medicine, over her efforts to publish testimonials from patients regarding gender transition care.

  • September 11, 2025

    Colo. Judge Says $1.5M Damages Request May Be 'Piling On'

    A Colorado federal judge was skeptical Thursday to award a $1.5 million default judgment against the owner of a now-defunct metal fabrication and construction company who was accused by former employees in a class action of failing to pay wages in the months before the business filed for bankruptcy.

  • September 11, 2025

    Ex-BofA Exec Sues Insurer For Denied Disability Pay

    Tennessee-based Provident Life & Accident Insurance Co. has been sued in North Carolina federal court by a former Bank of America vice president accusing it of unlawfully denying him disability benefits after he allegedly received a traumatic brain injury at work.

  • September 11, 2025

    Industrial Tech Co. Sanctioned For Deleted Texts In Title VII Suit

    A New York federal judge has sanctioned ultrasonic testing company Sonotec after two of its staff members were found to have deleted text messages about a former employee who is pursuing sexual harassment retaliation claims against the company, finding they should have known litigation was imminent at the time they erased the correspondence.

  • September 11, 2025

    7th Circ. Backs $183M FCA Award Over Eli Lilly Drug Rebates

    The Seventh Circuit refused on Thursday to unwind a whistleblower's $183 million trial win against Eli Lilly in a false claims case targeting more than a decade of drug rebate miscalculations, saying a jury reasonably found that the company knowingly "hid the truth" about how much it charged for Medicaid-covered drugs.

Expert Analysis

  • What Employers Can Learn From Axed Mo. Sick Leave Law

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    Missouri's recent passage and brisk repeal of Proposition A, which would have created a paid sick time benefit for employees, serves as a case study for employers, highlighting the steps they can take to adapt as paid sick leave laws are increasingly debated across the country, say attorneys at Foley & Lardner.

  • Tips For Managing Social Media And International Travel Risks

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    Employers should familiarize themselves with the legal framework governing border searches and adopt specific risk management practices that address increasing scrutiny of employees’ social media activities by immigration enforcement, say attorneys at Thompson Hine.

  • How Attys Can Use AI To Surface Narratives In E-Discovery

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    E-discovery has reached a turning point where document review is no longer just about procedural tasks like identifying relevance and redacting privilege — rather, generative artificial intelligence tools now allow attorneys to draw connections, extract meaning and tell a coherent story, says Rose Jones at Hilgers Graben.

  • How To Strengthen A Case By Mastering Expert Witness Prep

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    A well-prepared expert witness can bolster a case's credibility with persuasive qualifications, compelling voir dire responses and concise testimony that can withstand cross-examination, says Allison Rocker at Baker McKenzie.

  • Navigating Court Concerns About QR Codes In FLSA Notices

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    As plaintiffs attorneys increasingly seek to include QR codes as a method of notice in Fair Labor Standards Act collective actions, counsel should be prepared to address judicial concerns about their use, including their potential to be duplicative and circumvent court-approved language, say attorneys at Shook Hardy.

  • New FCPA Guidance Creates 5 Compliance Imperatives

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    In light of new Foreign Corrupt Practices Act guidelines that mark a fundamental shift in enforcement priorities, companies should consider several specific steps to ensure compliance, from enhanced due diligence to robust whistleblower protections, says Andrew Wirmani at Reese Marketos.

  • Series

    Playing The Violin Makes Me A Better Lawyer

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    Playing violin in a string quartet reminds me that flexibility, ambition, strong listening skills, thoughtful leadership and intentional collaboration are all keys to a successful legal practice, says Julie Park at MoFo.

  • Employer Tips As Deepfakes Reshape Workplace Harassment

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    As the workplace harassment landscape faces the rising threat of fabricated media that hyperrealistically depict employees in sexual or malicious contexts, employers can stay ahead of the curve by tracking new legal obligations, and proactively updating policies, training and response protocols, say attorneys at Littler.

  • Series

    Law School's Missed Lessons: Practicing Self-Care

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    Law schools don’t teach the mental, physical and emotional health maintenance tools necessary to deal with the profession's many demands, but practicing self-care is an important key to success that can help to improve focus, manage stress and reduce burnout, says Rachel Leonard​​​​​​​ at MG+M.

  • NFL Draft Incident Offers Remote Work Data Security Lessons

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    A recent incident in which an NFL coach's son prank called a potential draft pick after accessing confidential information on his father's computer serves as a wake-up call for organizations to analyze their protocols and practices related to protecting confidential information during remote work, say attorneys at Paul Hastings.

  • ABA Opinion Makes It A Bit Easier To Drop A 'Hot Potato'

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    The American Bar Association's recent ethics opinion clarifies when attorneys may terminate clients without good cause, though courts may still disqualify a lawyer who drops a client like a hot potato, so sending a closeout letter is always a best practice, say attorneys at Thompson Hine.

  • FMLA Expansion Sees State Progress Despite Federal Barriers

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    Recent legislative efforts to expand the Family and Medical Leave Act reflect workers' growing demand for work-life balance, but as federal proposals continue to face significant hurdles, states have stepped in, creating a labyrinth of leave laws and compliance headaches for multistate employers, say attorneys at FordHarrison.

  • How To Balance AI Adoption With Employee Privacy Risks

    Excerpt from Practical Guidance
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    As artificial intelligence transforms the workplace, organizations must learn to leverage AI's capabilities while safeguarding against employee privacy risks and complying with a complex web of regulations, including by vetting vendors, mitigating employee misuse and establishing a governance framework, say attorneys at Jackson Lewis.

  • Series

    My Opera And Baseball Careers Make Me A Better Lawyer

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    Though participating in opera and the world of professional baseball often pulls me away from the office, my avocations improve my legal career by helping me perform under scrutiny, prioritize team success, and maintain joy and perspective at work, says Adam Unger at Herrick Feinstein.

  • High Court ACA Ruling May Harm Preventative Care

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    The U.S. Supreme Court's decision in Kennedy v. Braidwood last week, ruling that the U.S. Department of Health and Human Services secretary has authority over an Affordable Care Act preventive care task force, risks harming the credibility of the task force and could open the door to politicians dictating clinical recommendations, says Michael Kolber at Manatt.

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