Employment

  • June 16, 2025

    Delta Denied OT To Worker Juggling 2 Roles, Court Told

    Delta Air Lines and a staffing firm failed to pay a worker overtime wages despite expecting her to fulfill the duties of two full-time positions and work more than 40 hours per week, she said in a complaint in Georgia federal court.

  • June 16, 2025

    High Court Won't Revisit Landmark Religious Freedom Ruling

    The U.S. Supreme Court vacated and remanded a case from a Roman Catholic diocese in New York on Monday, bypassing for now the chance to overturn a landmark ruling that restricts First Amendment religious freedom challenges.

  • June 13, 2025

    7th Circ. Won't Revive RICO Claims Against Blood Test Co.

    A group of pilots and other people required to undergo alcohol screening for their employment cannot pursue their Racketeer Influenced and Corrupt Organization Act claims against a drug testing company, the Seventh Circuit ruled Friday after finding that the complaint doesn't adequately tie the plaintiffs' injuries to the alleged fraudulent scheme.

  • June 13, 2025

    State Dept. Layoffs Still Violate Injunction, Judge Says

    A California federal judge said Friday that planned staff reductions at the State Department would violate her injunction blocking President Donald Trump's executive order directing layoffs at federal agencies, saying she's not persuaded by the government's assertion that the department's reorganization was underway before the order.

  • June 13, 2025

    Stewart Releases Flood Of Discretionary Denial Decisions

    The acting U.S. Patent and Trademark Office director issued more than a dozen discretionary denial decisions on Thursday and Friday, where she ruled largely in favor of the challenger, made clear that challenges to young patents have a huge advantage and brought in a denial based on assignor estoppel.

  • June 13, 2025

    DC Circ. Knocks NLRB For 'Irrational' Impasse Analysis

    The D.C. Circuit on Friday rejected the National Labor Relations Board's conclusions that a quarry operator unlawfully threatened to stop contributions to a pension fund for unionized workers, finding the board's "legal analysis is irrational" about whether the parties were at an impasse.

  • June 13, 2025

    Trump Can't Pause Reinstating FLRA Chair Pending Appeal

    A Washington, D.C., federal judge on Friday rejected the Trump administration's request to pause an order requiring the Democratic chair of the Federal Labor Relations Authority's reinstatement, finding the government's request is belated and that a recent U.S. Supreme Court ruling doesn't necessarily support the stay.

  • June 13, 2025

    4th Circ. Affirms Toss Of Contractor's ULP Suit Against Union

    The Fourth Circuit affirmed the dismissal of a Maryland mechanical contractor's lawsuit against a Sheet Metal Air Rail & Transportation Workers local on Friday, ruling that the union's alleged smear campaign against the company didn't rise to the level of an unfair labor practice under the National Labor Relations Act.

  • June 13, 2025

    Jefferson Health Hit With Disability Bias Suit By Ex-Director

    A longtime Thomas Jefferson University Hospital employee filed a retaliation suit in New Jersey state court Wednesday alleging she was ousted from her job for taking sick time and blowing the whistle about what she considered to be improper vendor relationships and language in a grant application.

  • June 13, 2025

    Fired CSX Worker Says FMLA Claims Are Timely

    A former CSX Transportation Inc. employee's suit claiming he was fired for taking leave under the Family and Medical Leave Act were on pause while a similar class action was being litigated, he told a Florida federal judge Friday, urging the court to reject the transport company's dismissal bid.

  • June 13, 2025

    Employment Authority: How Bias Audits Can Quell DEI Fights

    Law360 Employment Authority covers the biggest employment cases and trends. Catch up this week with coverage on how employers can audit their diversity programs to ensure they don't raise concerns of bias, why unions are backing a California bill requiring self-driving delivery vehicles to have human help and how the rollback of Washington, D.C.'s tip credit saw a recent setback.

  • June 13, 2025

    Casino Workers Say Mich. Tribe Can't Exit Data Breach Suit

    A group of casino employees are fighting a motion in Michigan federal court by the Sault Ste. Marie Tribe of Chippewa Indians to throw out a proposed class action involving a data breach, arguing that tribal sovereign immunity does not bar the lawsuit.

  • June 13, 2025

    Trump's Firing Of CPSC Commissioners Ruled Illegal

    A Maryland judge ruled Friday that the removal of three U.S. Consumer Product Safety Commission commissioners by President Donald Trump was unlawful, finding a 1935 U.S. Supreme Court ruling that protected a Federal Trade Commission member from removal applies to the members of the CPSC. 

  • June 13, 2025

    PwC Can't Get Sex Harassment Suit Kicked To Arbitration

    A New York federal judge declined to toss a former PricewaterhouseCoopers LLP principal's lawsuit alleging male colleagues berated her and took credit for her work before forcing her out, ruling a law curbing mandatory arbitration covered claims that she was mistreated because of her gender.

  • June 13, 2025

    3 Firms Get Early Lead Roles In Daedong Data Breach Claims

    A North Carolina federal judge handed three plaintiffs firms interim lead counsel roles in a proposed class seeking to hold tractor manufacturer Daedong-USA Inc. accountable for a data breach, while also agreeing to consolidate the three suits.

  • June 13, 2025

    'Outcry' Led To Workers' Comp Change, Conn. Attys Told

    A Connecticut Supreme Court ruling that empowered administrative law judges to award ongoing disability benefits created such an outcry that lawmakers intervened in order to cap the costs for entities that would shoulder those bills, attorneys at the state bar association's annual conference heard Friday.

  • June 13, 2025

    Pa. Court Faults Agency For Rebuffing Late Child-Death Filing

    Pennsylvania's labor regulator should have at least considered accepting a business's late submission of a response to accusations of child labor stemming from a fatal accident with a wood chipper, a state appellate panel ruled Friday in an opinion that clarified when to make exceptions to agency filing deadlines.

  • June 13, 2025

    Former NJ Deputy AG Claims Office Fired Him For His ADHD

    A former deputy attorney general who worked on environmental cases for New Jersey accused the state of retaliating against him when he sought accommodations for attention deficit hyperactivity disorder and later terminated him for his disability.

  • June 13, 2025

    Workers At Immigration Agency Contractor OK For Union Vote

    The employees of a Lee's Summit, Missouri, office that helps U.S. Citizenship and Immigration Services process benefit applications can vote on union representation, a National Labor Relations Board official said, rejecting the employer's argument that the union should also include employees of its Overland Park, Kansas, office.

  • June 13, 2025

    Oregon Takes Cannabis Labor Peace Row To 9th Circ.

    Oregon officials will appeal a federal judge's order barring enforcement of a voter-approved law that required licensed cannabis businesses to enter into labor peace pacts with their workers.

  • June 13, 2025

    Ex-Defender Urges 4th Circ. To 'Fortify' Workplace Protections

    A former assistant public defender has doubled down on efforts to revive her sex bias suit against the federal judiciary, telling the Fourth Circuit that siding with the judiciary would further discourage its employees from speaking up or reporting abuse out of fear of retaliation.

  • June 13, 2025

    Colo. Appeals Upholds State Board Rules On Teacher Reviews

    A state appeals court sided with the Colorado State Board of Education in a challenge brought by an educators union against the board's new teacher performance evaluation system and the appeal process for those evaluations, precedentially ruling that the board acted within its delegated authority.

  • June 13, 2025

    NJ Law Firm Accused Of Retaliation Over Maternity Leave

    New Jersey law firm Ragan & Ragan PC is facing a discrimination suit filed by its former collections manager in state court, alleging that the firm and its name partner engaged in a "calculated and malicious campaign of retaliation" against her for taking maternity leave.

  • June 12, 2025

    Trump Admin Parries Fed Talk As Judge Weighs NCUA Firings

    A Trump administration attorney studiously deflected questions about the Federal Reserve at a Thursday court hearing on President Donald Trump's firing of two Democratic credit union regulators, leaving the central bank's independence as the elephant in the room.

  • June 12, 2025

    Ex-UPS Workers Urge 9th Circ. To Revive State Law Claims

    An attorney for some former United Parcel Service workers urged a Ninth Circuit panel Thursday to undo a decision barring them from proceeding with some state employment claims because the workers memorialized them on union grievance forms, telling the panel the claims aren't preempted by federal law.

Expert Analysis

  • 4 Employment Law Areas Set To Change Under Trump

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    President Donald Trump's second term is expected to bring significant changes to the U.S. employment law landscape, including the potential for updated worker classification regulations, and challenges to diversity, equity and inclusion that are already taking shape, say attorneys at Debevoise.

  • What Employment Bias Litigation Looks Like After Muldrow

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    Nine months after the U.S. Supreme Court created an undemanding standard for discrimination claims in Muldrow v. St. Louis, Eric Schnapper at the University of Washington discusses how the Title VII litigation landscape has changed and what to expect moving forward.

  • 8 Lessons Yellow Corp. Layoffs Can Teach Distressed Cos.

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    A Delaware bankruptcy court’s recent decision, examining trucking company Yellow Corp.’s abrupt termination of roughly 25,500 employees, offers financially distressed businesses a road map for navigating layoffs under the Worker Adjustment and Retraining Notification Act, say attorneys at King & Spalding.

  • The 7th Circ.'s Top 10 Civil Opinions Of 2024

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    Attorneys at Jenner & Block examine the most significant decisions issued by the Seventh Circuit in 2024, and explain how they may affect issues related to mass arbitration, consumer fraud, class certification and more.

  • 10 Key Worker-Friendly California Employment Law Updates

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    New employment laws in California expand employee rights, transparency and enforcement mechanisms, and failing to educate department managers on these changes could put employers at risk, says Melanie Ronen at Stradley Ronon.

  • Class Actions At The Circuit Courts: Nov. And Dec. Lessons

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    In this month's review of class action appeals, Mitchell Engel at Shook Hardy discusses five federal court decisions and identifies practice tips from cases involving takings clause violations, breach of contract with banks, life insurance policies, employment and automobile defects.

  • Artfully Conceding Liability Can Offer Defendants 3 Benefits

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    In the rare case that a company makes the strategic decision to admit liability, it’s important to do so clearly and consistently in order to benefit from the various forms of armor that come from an honest acknowledgment, says Ken Broda-Bahm at Persuasion Strategies.

  • Mentorship Resolutions For The New Year

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    Attorneys tend to focus on personal achievements or career milestones when they set yearly goals, but one important area often gets overlooked in this process — mentoring relationships, which are some of the most effective tools for professional growth, say Kelly Galligan at Rutan & Tucker and Andra Greene at Phillips ADR.

  • How PAGA Reform Can Inform Employer Strategies In 2025

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    While recent changes to California's Private Attorneys General Act will not significantly reduce PAGA claims, employers can use the new law to potentially limit their future exposure, by taking advantage of penalty reduction opportunities and more, say attorneys at Thompson Coburn.

  • Series

    Coaching Little League Makes Me A Better Lawyer

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    While coaching poorly played Little League Baseball early in the morning doesn't sound like a good time, I love it — and the experience has taught me valuable lessons about imperfection, compassion and acceptance that have helped me grow as a person and as a lawyer, says Alex Barnett at DiCello Levitt.

  • 7 Employment Contracts Issues Facing DOL Scrutiny

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    A growing trend of U.S. Department of Labor enforcement against employment practices that limit workers' rights and avoid legal responsibility shines a light on seven unique contractual provisions that violate federal labor laws, and face agressive litigation from the labor solicitor, says Thomas Starks at Freeman Mathis.

  • 5 Litigation Funding Trends To Note In 2025

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    Lawyers and their clients must be prepared to navigate an evolving litigation funding market in 2025, made more complicated by a new administration and the increasing overall cost of litigation, says Jeffery Lula at GLS Capital.

  • How Deregulation Could Undermine Trump's Anti-DEI Agenda

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    While rolling back federal agency power benefited conservative policies during the Biden administration, it will likely undermine President Donald Trump's ability to wield agencies like the U.S. Equal Employment Opportunity Commission to dismantle diversity, equity and inclusion initiatives beyond the federal workforce and into the private sector, says Ally Coll at the Purple Method.

  • Rethinking Litigation Risk And What It Really Means To Win

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    Attorneys have a tendency to overestimate litigation risk before summary judgment and underestimate risk after it, but an eight-stage litigation framework can clarify risk at different points and help litigators reassess what true success looks like in any particular case, says Joshua Libling at Arcadia Finance.

  • How DOGE's Bite Can Live Up To Its Bark

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    All signs suggest that the Department of Government Efficiency will be an important part of the new Trump administration, with ample tools at its disposal to effectuate change, particularly with an attentive Republican-controlled Congress, say attorneys at K&L Gates.

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