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Employment
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October 06, 2025
Justices Won't Hear Ex-Steel Co. Manager's Retaliation Suit
The U.S. Supreme Court refused Monday to review a suit brought by a former steel company manager who said lower courts let his former employer use unverified misconduct allegations to shield itself from claims that he was fired for speaking out about racial bias.
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October 06, 2025
High Court Won't Revisit Packaging Co.'s Win In ADA Case
The U.S. Supreme Court refused Monday to hear a former packing company worker's challenge to the dismissal of his suit claiming he was unlawfully placed on unpaid leave after he asked to be excused from climbing ladders because of an injury, letting the company's Sixth Circuit win stand.
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October 06, 2025
Justices Deny SEC Whistleblower Award Calculation Appeal
The U.S. Supreme Court on Monday declined to take up two whistleblowers' case alleging the U.S. Securities and Exchange Commission shortchanged them after they helped to uncover purportedly the largest fraud in Texas history, after the pair argued the agency improperly and retroactively applied a rule amendment to dilute their awards.
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October 06, 2025
Justices Deny Certiorari In Auditor's $1.5M Retaliation Suit
The U.S. Supreme Court on Monday declined to hear Axos Bank's petition challenging a $1.5 million award to a former auditor who claimed he was fired for whistleblowing, rejecting a matter that concerns how companies defend against such retaliation claims.
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October 06, 2025
High Court Turns Down 6 Patent Cases At Start Of Term
The U.S. Supreme Court on Monday rejected six petitions in patent-related cases, taking some of its first actions on intellectual property matters this term.
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October 06, 2025
Justices Decline Case Over Scope Of Forced Arbitration Ban
The U.S. Supreme Court declined Monday to wade into a former employee's legal battle with CVS despite the worker's claim that the justices need to clarify key terms in a 3-year-old federal law banning mandatory arbitration of employment-related sex harassment claims.
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October 06, 2025
Justices Skip Fight Over NJ Healthcare Worker Vax Mandate
The U.S. Supreme Court said Monday it won't review the challenge by four New Jersey nurses to New Jersey Gov. Phil Murphy's executive orders in the first three months of 2022 mandating a COVID-19 vaccine booster for healthcare workers.
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October 06, 2025
Justices Won't Weigh If Home Care Travel Time Compensable
The U.S. Supreme Court declined on Monday to review whether the time that home health aides spend traveling between clients' homes is compensable in a case brought by the U.S. Department of Labor.
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October 03, 2025
Up First At High Court: Election Laws & Conversion Therapy
The U.S. Supreme Court will hear oral arguments in six cases during the first week of its October 2025 term, including in disputes over federal candidates' ability to challenge state election laws, Colorado's ban on conversion therapy, and the ability of a landlord to sue the U.S. Postal Service for allegedly refusing to deliver mail.
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October 03, 2025
Calif. Gov. Newsom Inks Bill To Let Lyft, Uber Drivers Unionize
California Gov. Gavin Newsom on Oct. 3 signed into law legislation giving gig drivers the right to unionize and negotiate certain job terms and conditions, after state leaders reached a deal with Uber and Lyft to facilitate its passage.
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October 03, 2025
4 Top Supreme Court Cases To Watch This Term
After a busy summer of emergency rulings, the U.S. Supreme Court will kick off its October 2025 term Monday with only a few big-ticket cases on its docket — over presidential authorities, transgender athletes and election law — in what might be a strategically slow start to a potentially momentous term. Here, Law360 looks at four of the most important cases on the court's docket so far.
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October 03, 2025
Portland Labor Peace Rule Not Preempted By NLRA, City Says
The city of Portland asked an Oregon federal judge Friday to toss a nonprofit's challenge to the city's requirement for its janitorial, security and industrial laundry contractors to sign labor peace agreements with unions, telling the judge the requirement isn't preempted by the National Labor Relations Act.
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October 03, 2025
High Court Broker Negligence Case 'Pivotal' For Trucking
The U.S. Supreme Court grabbed an opportunity to smooth out splintered circuit court rulings on whether freight brokers might also be liable for roadway accidents that have killed or injured people, potentially providing long-sought clarity to middlemen in a trucking and logistics sector unnerved by recent supersized verdicts against carriers and drivers.
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October 03, 2025
New York Jets Hit With Firing Suit Over Harassment Report
A former finance executive for the New York Jets hit the team with a discrimination lawsuit in New Jersey state court alleging she was improperly fired because her husband had reported sexual harassment by team president Hymie Elhai toward female employees.
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October 03, 2025
11th Circ. Pushes Forward Fla.'s ACA Trans Health Appeal
The Eleventh Circuit resolved a jurisdictional question that will allow Florida to continue pursuing its challenge against Biden-era policies impacting Affordable Care Act coverage for gender-affirming care.
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October 03, 2025
Amazon Union Seeks To Defend New York's NLRB Fill-In Law
The Amazon Labor Union has asked a New York federal judge to let it defend a New York law empowering state enforcers to fill in for the beleaguered National Labor Relations Board, saying Amazon's bid to nullify the new law imperils an unfair firing charge it filed with the state.
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October 03, 2025
Nurse Staffing Exec Says Jury Misled In Wage-Fixing Case
A nurse staffing executive convicted of wage fixing and wire fraud is asking a Nevada federal court for a new trial, arguing that prosecutors misled the jury about a cooperating witness's leniency deal.
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October 03, 2025
Employment Authority: Religion, Pregnancy Top EEOC Issues
Law360 Employment Authority covers the biggest employment cases and trends. Catch up this week with coverage on what the U.S. Equal Employment Opportunity Commission got up to over the last fiscal year, why Trump's National Labor Relations Board picks are set to face tough questions at their Senate confirmation hearings, and a roundup on where child labor laws stand in the United States.
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October 03, 2025
Logistics, Grocery Cos. Can't Keep Wage Suit In Fed. Court
Inflated damages calculations and speculative attorney fee estimates can't keep a worker's suit accusing a logistics company and a wholesale grocery store chain of wage and hour violations in federal court, a California federal judge said Friday, vacating an earlier arbitration order.
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October 03, 2025
Amazon Disputes Firing Worker On Maternity Leave
Amazon has urged an Illinois federal judge to grant it summary judgment in an ex-worker's lawsuit alleging pregnancy-based discrimination, saying she was fired only after failing to return at the end of an extended leave period and that it reminded her at least five times that she needed to provide documentation to support a longer leave.
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October 03, 2025
Insurer Says No Coverage For Wage Disclosure Class Actions
A Tokio Marine unit said it has no duty to defend or indemnify restaurant franchise operators accused of violating Washington's Equal Pay and Opportunities Act, telling a Washington federal court in two separate actions that the allegations do not trigger coverage under their respective employment practices liability insurance policies.
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October 03, 2025
Mich. Justices Send Anti-Muslim Bias Case To Appeals Court
Michigan's highest court has thrown out a ruling sending to arbitration an airline worker's claims he was the target of anti-Arab and anti-Muslim comments at work in light of a change in how courts in the Great Lakes State enforce employment contracts.
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October 03, 2025
9th Circ. Reopens Circle K Age Bias Suit Over Promotion
The Ninth Circuit on Friday revived a lawsuit alleging that Circle K passed over three former employees for promotion because they were in their 50s, saying the trial court was wrong to fault the workers for not applying to the job when the company never advertised the opening.
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October 03, 2025
Benzene At NC BASF Plant Caused Cancer, Ex-Worker Says
A former worker at a North Carolina vitamin plant is suing BASF Corp. and affiliates of Takeda America Holdings Inc. in North Carolina federal court, alleging BASF exposed her to benzene, resulting in her developing cancer later in life.
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October 03, 2025
Mich. Top Court To Weigh If MSU Hid Liability In Contract Row
The Michigan Supreme Court said it will hear Michigan State University's bid for immunity from a lawsuit filed by former law professors who allege the school concealed its liability for their claims that MSU abandoned promised retirement benefits when it merged with a law college.
Expert Analysis
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Managing Risks As State AGs Seek To Fill Enforcement Gap
Given an unprecedented surge in state attorney general activity resulting from significant shifts in federal enforcement priorities, companies must consider tailored strategies for navigating the ever-evolving risk landscape, say attorneys at Cozen O'Connor.
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Series
Law School's Missed Lessons: Skillful Persuasion
In many ways, law school teaches us how to argue, but when the ultimate goal is to get your client what they want, being persuasive through preparation and humility is the more likely key to success, says Michael Friedland at Friedland Cianfrani.
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A Look At Trump 2.0 Antitrust Enforcement So Far
The first six months of President Donald Trump's second administration were marked by aggressive antitrust enforcement tempered by traditional structural remedies for mergers, but other unprecedented actions, like the firing of Federal Trade Commission Democrats, will likely stoke heated discussion ahead, says Richard Dagen at Axinn.
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How NY Appeals Ruling Alters Employers' Sex Abuse Liability
In Nellenback v. Madison County, the New York Court of Appeals arguably reset the evidentiary threshold in sexual abuse cases involving employer liability, countering lower court decisions that allowed evidence of the length of the undiscovered abuse to substitute as notice of an employee's dangerous propensity, say attorneys at Hurwitz Fine.
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Litigation Inspiration: How To Respond After A Loss
Every litigator loses a case now and then, and the sting of that loss can become a medicine that strengthens or a poison that corrodes, depending on how the attorney responds, says Bennett Rawicki at Hilgers Graben.
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FDA's Hasty Policymaking Approach Faces APA Challenges
Though the U.S. Food and Drug Administration has abandoned its usual notice-and-comment process for implementing new regulatory initiatives, two recent district court decisions make clear that these programs are still susceptible to Administrative Procedure Act challenges, says Rachel Turow at Skadden.
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Wash. Law Highlights Debate Over Unemployment For Strikers
A new Washington state law that will allow strikers to receive unemployment benefits during work stoppages raises questions about whether such laws subsidize disruptions to the economy or whether they are preempted by federal labor law, says Daniel Johns at Cozen O'Connor.
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The Metamorphosis Of The Major Questions Doctrine
The so-called major questions doctrine arose as a counterweight to Chevron deference over the past few decades, but invocations of the doctrine have persisted in the year since Chevron was overturned, suggesting it still has a role to play in reining in agency overreach, say attorneys at Crowell & Moring.
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A Rapidly Evolving Landscape For Noncompetes In Healthcare
A wave of new state laws regulating noncompete agreements in the healthcare sector, varying in scope, approach and enforceability, are shaped by several factors unique to the industry and are likely to distort the market, say attorneys at Seyfarth.
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Protecting Workers Amid High Court-EEOC Trans Rights Rift
In Ames v. Ohio Department of Youth Services and U.S. v. Skrmetti, the U.S. Supreme Court clarified that Title VII protects employees from discrimination based on sexual orientation and gender identity, so employers should still protect against such discrimination despite the U.S. Equal Employment Opportunity Commission's unclear position, says Ally Coll at the Purple Method.
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Arguing The 8th Amendment For Reduction In FCA Penalties
While False Claims Act decisions lack consistency in how high the judgment-to-damages ratio in such cases can be before it becomes unconstitutional, defense counsel should cite the Eighth Amendment's excessive fines clause in pre-trial settlement negotiations, and seek penalty decreases in post-judgment motions and on appeal, says Scott Grubman at Chilivis Grubman.
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What 9th Circ. Cracker Barrel Ruling Means For FLSA Cert.
The Ninth Circuit's decision in Harrington v. Cracker Barrel suggests a settling of two procedural trends in Fair Labor Standards Act jurisprudence — when to issue notice and where nationwide collectives can be filed — rather than deepening circuit splits, says Rebecca Ojserkis at Cohen Milstein.
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Series
Playing Mah-Jongg Makes Me A Better Mediator
Mah-jongg rewards patience, pattern recognition, adaptability and keen observation, all skills that are invaluable to my role as a mediator, and to all mediating parties, says Marina Corodemus.
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How Latest High Court Rulings Refine Employment Law
The 2024-2025 U.S. Supreme Court term did not radically rewrite employment law, but sharpened focus on textual fidelity, procedural rigor and the boundaries of statutory relief, say attorneys at Krevolin & Horst.
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Lively-Baldoni Saga Highlights Insurance Coverage Gaps
The ongoing legal dispute involving "It Ends With Us" co-stars Justin Baldoni and Blake Lively raises coverage questions across various insurance lines, showing that effective coordination between policies and a clear understanding of potential gaps are essential to minimizing unexpected exposures, says Katie Pope at Liberty Co.