Employment

  • 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.

  • January 30, 2026

    Back Pay Over Vax Mandate Is Equitable Relief, Justices Hear

    A U.S. Air Force reservist told the U.S. Supreme Court this week that equitable relief under a religious freedom law should extend to his back pay claim related to his refusal to follow its COVID-19 vaccine mandate, arguing he's only seeking "status-restoring relief."

  • January 30, 2026

    DOL Adds More H-2B Visas For Imperiled Employers

    The U.S. Department of Labor issued a temporary rule Friday making another 64,716 H-2B visas for seasonal, non-agricultural workers available for fiscal year 2026, but only to employers facing severe financial hardship.

  • January 30, 2026

    Attys Rip Judge-Shopping Sanctions As Bid To 'Rewrite' Rules

    Two Alabama attorneys who were sanctioned for allegedly judge shopping in a civil rights case urged the Eleventh Circuit to toss the sanctions Friday, arguing the judges accusing them were seeking to "rewrite" the Federal Rules of Civil Procedure.

  • January 30, 2026

    1st Circ. Revives Ex-Hasbro Workers' Religious Vax Bias Suit

    Two former Hasbro employees who sought religious exemptions from the company's COVID-19 vaccination policy plausibly alleged they were disciplined because of their accommodation requests, the First Circuit ruled, reviving the workers' retaliation and discrimination suit.

  • January 30, 2026

    FTC Warns 42 Law Firms Of DEI 'Anticompetitive Collusion'

    The Federal Trade Commission announced Friday that it has sent warning letters to 42 major law firms for their purported participation in an outside diversity, equity and inclusion program, alleging their participation could constitute anticompetitive collusion.

  • January 30, 2026

    Topgolf Worker Tees Up Class Wage Claims In Wash. Court  

    A Washington state worker is targeting Topgolf over allegations of below-par compensation practices, according to a new proposed class action alleging break and overtime violations.

  • January 30, 2026

    Post-Gazette Says Health Plan Order Contempt Bid Is Moot

    The publisher of the Pittsburgh Post-Gazette says it is complying with a court order to put its newsroom employees back on a union-sponsored healthcare plan, so a request from the National Labor Relations Board to hold it in contempt is moot.

  • January 30, 2026

    Schlumberger Sues Ex-Employees Alleging Trade Secrets Theft

    Oil field services firm Schlumberger Technology Corp. sued two former longtime employees and two companies, alleging that its trade secrets were stolen during a business collaboration.

  • January 30, 2026

    1st Circ. Says Worker's Cold Feet Can't Halt Wage Deal

    A former Siemens Industry union electrician's change of heart on an $84,000 settlement to end her suit seeking unpaid wages cannot undo the deal, the First Circuit ruled, calling the former employee a "disgruntled" litigant.

  • January 30, 2026

    AstraZeneca Beats FMLA Suit After Ex-Worker Went Silent

    AstraZeneca won't have to face a former employee's lawsuit alleging the pharmaceutical giant fired him for taking medical leave to address his gastrointestinal illness, a Connecticut federal judge ruled, saying he failed to respond to discovery and motions and ignored court orders.

  • January 30, 2026

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

    This past week in London saw collapsed solar bonds company Rockfire Capital sue the Royal Bank of Scotland, e-ticket platform Eventbrite target the owners of Salford Red Devils rugby club over an alleged contract breach, and Scottish distiller William Grant & Sons square off against a former MP in a trademark tussle tied to its Glenfiddich whisky. 

  • January 29, 2026

    Apple Aims To Boot Anti-Moonlighting Suit To Arbitration

    Apple Inc. urged a Seattle federal judge to throw out a former employee's proposed class action accusing the company of unlawfully barring lower-wage workers from taking second jobs, arguing that plaintiff Gabriel Fisher gave up his right to sue when he signed an arbitration agreement included in his job offer.

  • January 29, 2026

    Frito-Lay Hit With Wage Claims By Wash. Machine Operator

    A Frito-Lay Inc. employee launched a proposed class action in Washington state court, accusing the company of violating state labor law.

  • January 29, 2026

    No New Trial For Atty Who Sued For Nassar Scandal Work Pay

    A former associate from a Houston-based law firm lost his request to revive his wage and hour suit stemming from purported missteps he made while working as a defense attorney for former Olympic gymnastics coaches Bela and Martha Karolyi following the Larry Nassar scandal, after a Texas appeals court said Thursday he neglected to preserve the alleged errors he challenged.

  • January 29, 2026

    Ex-Steel Worker Tells 11th Circ. $0 OT Award Can't Stand

    A former worker asked the Eleventh Circuit Thursday to order a new trial in a suit accusing an Alabama steel mill of failing to fully compensate him for hours worked and overtime, arguing there was nothing to support the jury awarding him $0 in Fair Labor Standards Act damages.

  • January 29, 2026

    NYC Sets New Wage Standards For Security Guards

    Security guards at private buildings in New York City will be entitled to the same minimum wage, paid time off and benefits received by security guards at public buildings under a new union-supported city law enacted Thursday.

  • January 29, 2026

    6th Circ. Tosses Black Flight Attendant's Race Bias Suit

    The Sixth Circuit declined Thursday to reinstate a Black Delta flight attendant's suit claiming she was disciplined out of racial bias following a verbal altercation with a colleague, ruling the airline acted fairly based on evidence that the flight attendant made an alleged threat during the incident.

  • January 29, 2026

    Ex-Arby's Employee Sues Over Gender Identity Harassment

    Arby's has been sued in Illinois federal court by a nonbinary ex-employee who claims they suffered pervasive discrimination and ridicule from their supervisor over their gender identity, and that reports of the manager's sexual harassment went unaddressed.

  • January 29, 2026

    Wilcox's NLRB Firing Won't Be Reconsidered By DC Circ.

    Former National Labor Relations Board member Gwynne Wilcox's challenge to her firing has hit another wall, with the full D.C. Circuit saying it won't reconsider a panel's decision to drop her lawsuit seeking reinstatement.

  • January 29, 2026

    NJ Justices Say Title IX Preempts Rutgers Union Contract

    A grievance procedure in a local union's collective negotiation agreement with Rutgers University is preempted by Title IX, the New Jersey Supreme Court said Thursday, reversing a lower court's decision that forced the university into post-termination arbitration over a custodian fired for sexual harassment.

  • January 29, 2026

    ADA Settlement Brings Changes To Detroit Courthouses

    A settlement in an Americans with Disabilities Act class action brought by two attorneys and a community activist will lead to ADA-compliant upgrades like private bathrooms, accessible voting machines and new signage at municipal buildings serving Detroit and Wayne County.

  • January 29, 2026

    Nurse Fired In Pandemic-Era RIF Can't Reinstate Age Bias Suit

    The Sixth Circuit backed the dismissal of an age bias suit from a nurse who claimed a medical center used a COVID-19-related reduction in force as an excuse to fire her, ruling a supervisor calling one of her colleagues a "young star" wasn't linked to her termination.

  • January 29, 2026

    Full 1st Circ. To Review Cop's Suspension For Facebook Post

    The full First Circuit has agreed to review a Massachusetts police officer's suspension for making disparaging comments about George Floyd on a personal Facebook page, setting aside an opinion in the police department's favor and teeing up an appeal focused on the speech rights of government employees.

Expert Analysis

  • Parenting Skills That Can Help Lawyers Thrive Professionally

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    As kids head back to school, the time is ripe for lawyers who are parents to consider how they can incorporate their parenting skills to build a deep, meaningful and sustainable legal practice, say attorneys at Alston & Bird.

  • Trump NLRB Picks May Usher In Employer-Friendly Precedent

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    If President Donald Trump's National Labor Relations Board nominees are confirmed, the board would regain a quorum with a Republican majority and would likely reverse several union-friendly decisions, but each nominee will bring a unique perspective as to how the board should operate, say attorneys at BakerHostetler.

  • Series

    Teaching Trial Advocacy Makes Us Better Lawyers

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    Teaching trial advocacy skills to other lawyers makes us better litigators because it makes us question our default methods, connect to young attorneys with new perspectives and focus on the needs of the real people at the heart of every trial, say Reuben Guttman, Veronica Finkelstein and Joleen Youngers.

  • DOJ Memo Shifts Interpretation Of Discrimination Laws

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    While the recent memorandum targeting federal funding recipients' unlawful discrimination reiterates some long-standing interpretations of antidiscrimination law, it takes stronger positions on facially neutral practices and race-conscious recruiting that federal courts and prior administrations have not treated as unlawful, say attorneys at Pillsbury.

  • 5 Key Steps To Prepare For Oral Arguments

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    Whether presenting oral arguments before the U.S. Supreme Court or a local county judge, effective preparation includes the same essential ingredients, from organizing arguments in blocks to maximizing the potential of mock exercises, says Allison Rocker at Baker McKenzie.

  • Navigating Conflicts Of Interest In H-1B Worker Terminations

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    Given a current uptick in removal proceedings and shortened lawful grace periods for terminated H-1B workers, immigration attorneys should take specific steps in order to effectively manage dual representation and safeguard the interests of both employers and employees, says Cyrus Mehta at Cyrus D. Mehta & Partners.

  • 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.

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