Employment

  • February 03, 2026

    Del. High Court Revives Noncompete Over Forfeited Equity

    The Delaware Supreme Court on Tuesday revived a fire and life-safety services company's bid to enforce postemployment restrictive covenants against a former executive, rejecting a lower court's conclusion that those covenants became unenforceable once the executive forfeited his incentive equity after being fired for cause.

  • February 02, 2026

    Calif. Justices Revive 'Unreadable' Arbitration Agreement Suit

    In a 6-1 decision, the California Supreme Court clarified on Monday that courts must "closely scrutinize the terms of difficult-to-read contracts for unfairness or one-sidedness," but the "illegibility" — font size, placement, prominence, etc. — of agreements do not themselves indicate that it is unconscionable.

  • February 02, 2026

    Wheeling & Appealing: The Latest Must-Know Appellate Action

    What happened to a GOP donor's $250,000 Swiss watch? Can cigarette warnings show jarring medical images? Will a circuit split of "far-reaching importance" for arbitration get even wider? That's a taste of the oral argument menu we'll help you digest in this preview of February's top appellate action.

  • February 02, 2026

    5th Circ. Panel Blushes At Starbucks Worker's Snapchat Notes

    A Fifth Circuit panel pressed the National Labor Relations Board to explain why Starbucks lacks the ability to fire a union organizer who used excessively colorful language in private messages to co-workers, saying Monday the language used would "make any of us blush."

  • February 02, 2026

    Staffing Agencies Beat Ill. Workers' BIPA Revival Bid

    An Illinois Third District Appellate Court panel has refused to reverse two staffing agencies' pre-trial win over manufacturing workers' claim that the agencies illegally collected their time-clock fingerprint data, saying simply helping another entity obtain such data cannot trigger liability under a statutory provision requiring informed consent to collect it.

  • February 02, 2026

    Bikini Barista Boss Says Wash. AG Defamed Him In Wage Suit

    The owner of Seattle-area Paradise Espresso stands slammed the Washington State Office of the Attorney General on Monday for filing a wage theft and employment discrimination lawsuit "containing known falsehoods" and disparaging his bikini barista business in a related press release.

  • February 02, 2026

    Custodians Tell NJ Justices COVID Law Doesn't Preempt CBA

    School custodians urged the New Jersey Supreme Court on Monday to reinstate an award of extra money for their in-person work during the pandemic, arguing an arbitrator had a reasonably plausible interpretation of a state statute when he determined it didn't preempt the custodians' collective bargaining agreement.

  • February 02, 2026

    Swedish Health Nears Deal In Hospital Workers Wage Row

    Seattle-area hospital system Swedish Health Services and the workers who were seeking about $126 million from it told a Washington state court that they agreed to settle a suit claiming meal break violations and rounding practices that led to unpaid wages.

  • February 02, 2026

    Curaleaf Can't Ditch All Ill. Whistleblower Act Claims

    An Illinois magistrate judge on Monday mostly denied a bid from Curaleaf Inc. to throw out a former regional director's Illinois Whistleblower Act claims, saying the complaint is sufficient to allege that he was retaliated against for reporting compliance violations to the state government.

  • February 02, 2026

    Worker Claims Univ. Of Colorado Health Underpaid Wages

    University of Colorado Health routinely shortchanged its hourly employees of wages under the healthcare system's rounding policy, a former UC Health worker alleged in a proposed collective and class action in Colorado federal court.

  • February 02, 2026

    Honeywell Faces Bid For Fee Advancement In Russia Case

    The Delaware Chancery Court on Monday heard a sharply contested argument over whether a former Honeywell executive is entitled to advancement of legal fees tied to Russian insolvency and customs proceedings, as well as "fees on fees," in a dispute that turned less on the underlying foreign matters than the mechanics of Delaware advancement law.

  • February 02, 2026

    State Dept. Accused Of Overreach With 75-Country Visa Pause

    A group of U.S. citizens, nonprofits and foreign workers sued the Trump administration on Monday over its pause of immigrant visas for applicants from 75 countries over public charge concerns, arguing that the executive branch can't rewrite federal immigration law.

  • February 02, 2026

    EEOC Calls School Board's Bias Probe Challenge Premature

    The U.S. Equal Employment Opportunity Commission urged a New Mexico federal judge to toss a school board's challenge to an agency investigation into alleged hiring discrimination against Native Americans, arguing the case is procedurally out of line.

  • February 02, 2026

    Philly Art Museum Wins Bid To Arbitrate CEO's Firing Suit

    Former Philadelphia Museum of Art CEO Alexandra "Sasha" Suda's lawsuit against the museum alleging that a "corrupt faction" in its leadership forced her out of her position must be handled in arbitration, a city judge has ruled, citing a contract provision.

  • February 02, 2026

    Teamsters Look To Ax Kraft Heinz's Challenge To Grievance

    Kraft Heinz shouldn't be allowed to scuttle a benefits fight by arguing that it should have been routed through the company healthcare plan's dispute resolution process, a Teamsters local told a Delaware federal judge, saying the dispute can be resolved through the grievance and arbitration process.

  • February 02, 2026

    Tracy Anderson Workouts Are Copyrightable, 9th Circ. Told

    Celebrity fitness trainer Tracy Anderson urged the Ninth Circuit on Monday to reverse a ruling that invalidated copyrights to her "Tracy Anderson Method" workout routines, arguing that her routines are expressive protectable works distinct from yoga poses at issue in the Ninth Circuit's Bikram ruling.

  • February 02, 2026

    Judge Skeptical Of XAI's Claims In OpenAI Trade Secrets Suit

    A California federal judge has said she's inclined to grant OpenAI's motion to dismiss a trade secrets complaint from Elon Musk's xAI "in full," saying the plaintiffs have not provided enough facts to support claims that OpenAI poached employees and stole source code.

  • February 02, 2026

    Company Agrees To Pay $18M To Settle Truckers' Wage Suit

    A Nebraska-based trucking company agreed to pay $18 million to nearly 100,000 current and former drivers to end a more than 11-year-old consolidated class action over unpaid minimum wages, reaching a deal the day before trial was set to begin, according to settlement papers filed in federal court.

  • February 02, 2026

    Mail Carriers Can't Bring OT Suit Against USPS In NJ

    The mail carriers who accused the U.S. Postal Service of automatically deducting time for meal breaks they didn't take failed to show any connection to New Jersey beyond residence, a federal judge ruled, agreeing to toss their overtime case.

  • February 02, 2026

    Worker Fired After Bias Claim Should Get $5M, Jury Says

    A Utah federal jury awarded a former human resources worker $5 million in her retaliation suit claiming a hospice provider fired her as punishment for lodging an age and gender bias charge with the U.S. Equal Employment Opportunity Commission.

  • February 02, 2026

    Fla. Cemetery, Ex-Employee End Wage Suit

    The operator of a cemetery and funeral homes and a former employee reached a deal to end a lawsuit alleging that the employer paid her on a commission basis, leading to about $81,000 of unpaid overtime, according to a Florida federal magistrate judge's order approving the settlement.

  • February 02, 2026

    Wollmuth Maher Picks Up Attys From Paul Hastings, SDNY

    Wollmuth Maher & Deutsch LLP has added the longtime leader of Paul Hastings LLP's New York employment law department and has bolstered its white collar bench by bringing in a veteran former assistant U.S. attorney.

  • January 30, 2026

    Uber Eats, Others To Pay Workers $5M In Wage Deal With NYC

    Uber Eats and two other food delivery platforms will pay more than $5 million in total to nearly 50,000 workers in New York City for violating the city's minimum wage requirements for delivery workers, Mayor Zohran Mamdani announced Friday.

  • January 30, 2026

    Employment Authority: EEOC Harassment Pivot Leaves Void

    Law360 Employment Authority covers the biggest employment cases and trends. Catch up this week with coverage on how employers can navigate a new compliance landscape after the U.S. Equal Employment Opportunity Commission scrapped harassment guidance, what a nixed complaint against the Salvation Army means for the future of the National Labor Relations Board and how new pay standards will affect gig workers in New York City. 

  • January 30, 2026

    'Inferential Leap' Kills Academic Researchers' Conspiracy Suit

    A New York federal judge took a proposed class of academic researchers to task Friday, permanently dismissing their lawsuit accusing six of academia's largest journal publishers of colluding to stifle their leverage and eliminate pay for peer review work, finding that the publishers' rules being contested do nothing of the sort.

Expert Analysis

  • Series

    Fly-Fishing Makes Me A Better Lawyer

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    Much like skilled attorneys, the best anglers prize preparation, presentation and patience while respecting their adversaries — both human and trout, says Rob Braverman at Braverman Greenspun.

  • 4 Ways GCs Can Manage Growing Service Of Process Volume

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    As automation and arbitration increase the volume of legal filings, in-house counsel must build scalable service of process systems that strengthen corporate governance and manage risk in real time, says Paul Mathews at Corporation Service Co.

  • Series

    The Law Firm Merger Diaries: Forming Measurable Ties

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    Relationship-building should begin as early as possible in a law firm merger, as intentional pathways to bringing people together drive collaboration, positive client response, engagements and growth, says Amie Colby at Troutman.

  • Opinion

    US Cybersecurity Strategy Must Include Immigration Reform

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    Cyberthreats are escalating while the cybersecurity workforce remains constrained due to a lack of clear standards for national-interest determinations, processing backlogs affecting professionals who protect critical public systems and visa allocations that do not reflect real-world demands, says Rusten Hurd at Colombo & Hurd.

  • A Look At EEOC Actions In 2025 And What's Next

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    President Donald Trump issued several executive orders last year that reshaped policy at the U.S. Equal Employment Opportunity Commission, and with the administration now controlling a majority of the commission, the EEOC may align itself fully with orders addressing disparate impact and transgender issues, say attorneys at Jones Day.

  • 5 E-Discovery Predictions For 2026 And Beyond

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    2026 will likely be shaped by issues ranging from artificial intelligence regulatory turbulence to potential evidence rule changes, and e-discovery professionals will need to understand how to effectively guide the responsible and defensible adoption of emerging tools, while also ensuring effective safeguards, say attorneys at Littler.

  • Athlete's Countersuit Highlights Broader NIL Coverage Issues

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    Former University of Georgia football player Damon Wilson's countersuit against the university's athletic association over a name, image and likeness contract offers an early view into how NIL disputes — and the attendant coverage implications — may metastasize once institutions step fully into the role of contracting and enforcement parties, says Sarah Abrams at Baleen Specialty.

  • How Mamdani Will Shift NYC Employment Law Enforcement

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    Under Mayor Zohran Mamdani, the New York City labor law regime is poised to become more coordinated, less forgiving and more willing to test gray areas in favor of workers, with wage and hour practices, pay equity and contractor relationships among likely areas of enforcement focus, says Scott Green at Goldberg Segalla.

  • Series

    Judges On AI: How Courts Can Boost Access To Justice

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    Arizona Court of Appeals Judge Samuel A. Thumma writes that generative artificial intelligence tools offer a profound opportunity to enhance access to justice and engender public confidence in courts’ use of technology, and judges can seize this opportunity in five key ways.

  • Opinion

    DHS' Parole Termination Violates APA And Due Process

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    The U.S. Department of Homeland Security’s abrupt termination of family reunification parole programs violates both the Administrative Procedure Act and the due process rights of vetted beneficiaries who relied on the government's explicit invitation to wait in the U.S. for an immigrant visa to become available, says Abdoul Konare at Konare Law.

  • Examining Privilege In Dual-Purpose Workplace Investigations

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    The Sixth Circuit's recent holding in FirstEnergy's bribery probe ruling that attorney-client privilege applied to a dual-purpose workplace investigation because its primary purpose was obtaining legal advice highlights the uncertainty companies face as federal circuit courts remain split on the appropriate test, say attorneys at Proskauer.

  • Opinion

    The Case For Emulating, Not Dividing, The Ninth Circuit

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    Champions for improved judicial administration should reject the unfounded criticisms driving recent Senate proposals to divide the Ninth Circuit and instead seek to replicate the court's unique strengths and successes, says Ninth Circuit Judge J. Clifford Wallace.

  • 4 Ways 2026 Will Shift Corporate Compliance And Ethics

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    As we begin 2026, ethics and compliance functions are being reshaped by forces that go far beyond traditional regulatory risk, and there are key trends that will define the landscape, with success defined less by activity and volume, and more by impact, judgment and credibility, says Hui Chen at CDE Advisors.

  • How 11th Circ.'s Zafirov Decision Could Upend Qui Tam Cases

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    Oral argument before the Eleventh Circuit last month in U.S. ex rel. Zafirov v. Florida Medical Associates suggests that the court may affirm a lower court's opinion that the qui tam provisions of the False Claims Act are unconstitutional — which could wreak havoc on pending and future qui tam cases, say attorneys at Morgan Lewis.

  • Series

    Muay Thai Makes Me A Better Lawyer

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    Muay Thai kickboxing has taught me that in order to win, one must stick to one's game plan and adapt under pressure, just as when facing challenges by opposing counsel or judges, says Mark Schork at Feldman Shepherd.

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