Employment

  • December 15, 2025

    2nd Circ. Won't Revive Ex-Basketball Players' NIL Claims

    The Second Circuit on Monday refused to revive a putative class action filed by former college basketball players claiming the NCAA unjustly profited from use of their names and images years after their careers ended, saying the "continuing violation doctrine" doesn't apply and the suit was filed too late.

  • December 15, 2025

    9th Circ. Backs Honeywell Over Engineer's Retaliation Claims

    The Ninth Circuit rejected an ex-Honeywell engineer's challenge to her firing after voicing concerns about avionic software that was part of a Boeing defense contract, finding any potential fraud to the government was too far removed to support a retaliation claim.

  • December 15, 2025

    Performance Issues Doom Worker's ADA Suit, 11th Circ. Says

    The Eleventh Circuit backed the dismissal Monday of a Miami-Dade County worker's disability bias suit claiming she was fired from its animal services division after being diagnosed with a brain tumor, ruling she failed to undermine the county's position that she was terminated for repeated performance issues.

  • December 15, 2025

    Judge Tosses Ex-Delta Worker's 'Bare-Bones' Breaks Suit

    A Washington federal judge tossed a proposed class action accusing Delta Air Lines of understaffing that forced workers to miss meal and rest breaks, ruling on Monday that the plaintiff's "bare-bones allegations" were insufficient to allow the suit to proceed.

  • December 15, 2025

    Ex-BAE Engineer Loses Retaliation Claim In Md. Jury Trial

    A former engineer for BAE Systems did not prove that he engaged in protected activity in his suit claiming that the company fired him after raising concerns about his overtime pay, a Maryland federal jury found Friday.

  • December 15, 2025

    Full 5th Circ. Denies Nexstar's Bid To Overturn Union Order

    The full Fifth Circuit declined to reconsider a panel decision to back a National Labor Relations Board order requiring Nexstar to start bargaining with a newly installed Communications Workers of America affiliate at two of its Denver television stations.

  • December 15, 2025

    Former DLA Piper Associate Alleges Ex-Partner Raped Her

    A former Boston-based DLA Piper associate on Monday launched a state lawsuit alleging she was raped at the firm's Delaware office by a former partner purportedly known for heavy drinking and inappropriate workplace conduct toward female subordinates.

  • December 15, 2025

    Fla. Health Clinic Chain Settles EEOC Age Bias Probe

    A healthcare provider with multiple clinics in Florida will pay $64,000 after a U.S. Equal Employment Opportunity Commission investigation found reasonable cause to conclude that the company fired a worker over his age, the EEOC said Monday. 

  • December 15, 2025

    Wells Fargo Bucks CFO's Deposition In Disability Bias Suit

    Wells Fargo wants to block the deposition of its chief financial officer in a senior finance manager's disability bias lawsuit, saying he has no personal knowledge of the claims underpinning her allegations and suggesting that her attorney's "behavior" needs "curtailing."

  • December 15, 2025

    EEOC, PepsiCo Reach $270K Deal To End Vision Bias Suit

    PepsiCo will pay $270,000 to end suit by the U.S. Equal Employment Opportunity Commission alleging it fired a blind call center employee after refusing to find a screen-reading tool compatible with its software system that would allow the worker to do his job, according to a North Carolina federal court filing.

  • December 15, 2025

    NY AG Says UPS Was Grinch With Seasonal Workers' Wages

    UPS "played the Grinch" by failing to pay seasonal workers it hires between October and January for work they performed outside their shifts, leading to millions in unpaid wages and overtime, New York Attorney General Letitia James said Monday.

  • December 15, 2025

    Employee-Related Charges Against Goldstein Are Tossed

    A Maryland federal judge has dismissed several charges against SCOTUSblog founder Tom Goldstein related to employees at his law firm, agreeing that prosecutors had failed to establish a clear rule for determining whether employees are legitimate for tax purposes.

  • December 15, 2025

    Fired Black Delta Worker Ends Race Bias, Retaliation Suit

    A Black former Delta Air Lines employee dropped his suit claiming the airline fired him for voicing concerns that he was paid less than his non-Black colleagues, according to a filing in Georgia federal court.

  • December 15, 2025

    High Court Won't Hear Illinois County's ADA Back Pay Appeal

    The U.S. Supreme Court declined an invitation Monday from Cook County, Illinois, to review a Seventh Circuit ruling that said a former corrections officer can seek back pay after winning a disability discrimination verdict.

  • December 12, 2025

    Fired MSPB Member Urges Full DC Circ. To Rehear Case

    A D.C. Circuit panel based its decision to uphold Merit Systems Protection Board member Cathy Harris' firing on a mischaracterization of the agency, Harris argued Friday to the full D.C. Circuit, asking the en banc court to override the decision, bring her back to work and preserve MSPB members' job protections.

  • December 12, 2025

    Boeing Unit Owes $2.5M In Employment Bias Trial

    A Kansas federal jury has said Spirit AeroSystems Inc. must pay a former employee, a white mechanic, $2.5 million for firing him after a period of sustained conflict with a Hispanic employee that eventually led the mechanic to call the police.

  • December 12, 2025

    Exec Says Netflix Used Vax Status As Cover For Biased Firing

    Netflix fired a production executive for refusing to get a COVID-19 vaccine out of retaliation for her complaints that the company mocked the religious beliefs of the unvaccinated and pushed a sexually charged company culture, according to a bias suit the former employee filed in California state court.

  • December 12, 2025

    Employment Authority: High Court's Arb. Case Impact On W&H

    Law360 Employment Authority covers the biggest employment cases and trends. Catch up this week with coverage on how a case in the U.S. Supreme Court dealing with federal jurisdiction over the final say on arbitration awards could impact agreements in the wage and hour sphere and a look at how labor attorneys dealt with a National Labor Relations Board that went most of 2025 without a quorum. 

  • December 12, 2025

    1st Circ. Affirms Ex-ADI Engineer's Trade Secrets Conviction

    The First Circuit has affirmed a former Analog Devices Inc. engineer's trade secrets conviction, ruling that the indictment's reference to a specific microchip model did not preclude a guilty verdict based on his possession of schematics for its prototype.

  • December 12, 2025

    Insurer Seeks To Deny $2.4M Coverage In Harassment Suits

    An insurer told an Iowa federal court it shouldn't have to pay $2.4 million in coverage to a warehouse and its owner for several underlying judgments related to sexual harassment and employment discrimination lawsuits, and that the case belongs in Iowa, according to an amended complaint filed Friday. 

  • December 12, 2025

    Ex-Driver Says Ga. Delivery Co. Stiffs Workers

    A former driver for an Atlanta-area FedEx delivery contractor has hit the company with a proposed collective action in Georgia federal court, accusing the firm of paying its drivers what amounted to a flat wage when they were entitled to overtime.

  • December 12, 2025

    Mass. Restaurants Settle OT Claims For $225K

    Two Massachusetts eateries have agreed to pay a total of $225,000 to resolve the government's allegations that they failed to pay workers for overtime hours and tried to prevent them from speaking with U.S. Department of Labor representatives investigating possible labor violations, according to a consent judgment entered Friday in federal court.

  • December 12, 2025

    4th Circ. Won't Revive Black Worker's Promotion Bias Suit

    The Fourth Circuit backed a community college's win Friday in a Black former employee's suit claiming her race and gender caused her to lose out on a promotion, ruling she failed to rebut the college's explanation that the white, male candidate who got the role was more qualified.

  • December 12, 2025

    NLRB Asks Calif. Judge To Follow Colleague On Fill-In Law

    A California federal judge should follow his New York colleague's lead and hold that states likely cannot let their labor boards fill the National Labor Relations Board's shoes if the NLRB is faltering, the NLRB argued, saying "profound labor relations instability" could result if courts begin endorsing such laws.

  • December 12, 2025

    Tool Co. Misclassifies Calif. Workers As Contractors, Suit Says

    An Ohio-based tool company stiffs its California dealers on pay by misclassifying them as independent contractors and is threatening to force workers to arbitrate their claims in Ohio, according to a proposed class action filed in California federal court.

Expert Analysis

  • Texas Med Spas Must Prepare For 2 New State Laws

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    Two new laws in Texas — regulating elective intravenous therapy and reforming healthcare noncompetes — mark a pivotal shift in the regulatory framework for medical spas in the state, which must proactively adapt their operations and contractual practices, says Brad Cook at Munsch Hardt.

  • Challenges Law Firms Face In Recruiting Competitor Teams

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    Since the movement of lawyer teams from a competitor can bring legal considerations and commercial risks into play, both the target and recruiting firms should be familiar with the relevant limited liability partnership deed to protect their business, say lawyers at Fox & Partners.

  • Series

    Playing Soccer Makes Me A Better Lawyer

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    Soccer has become a key contributor to how I approach my work, and the lessons I’ve learned on the pitch about leadership, adaptability, resilience and communication make me better at what I do every day in my legal career, says Whitney O’Byrne at MoFo.

  • Forced Labor Bans Hold Steady Amid Shifts In Global Trade

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    As businesses try to navigate shifting regulatory trends affecting human rights and sustainability, forced labor import bans present a zone of relative stability, notwithstanding outstanding questions about the future of enforcement, say attorneys at Simpson Thacher.

  • Grappling With Workforce-Related Immigration Enforcement

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    To withstand the tightening of workforce-related immigration rules and the enforcement uptick we are seeing in the U.S. and elsewhere, companies must strike a balance between responding quickly to regulatory changes, and developing proactive strategies that minimize risk, say attorneys at Fragomen.

  • Series

    Law School's Missed Lessons: Learning From Failure

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    While law school often focuses on the importance of precision, correctness and perfection, mistakes are inevitable in real-world practice — but failure is not the opposite of progress, and real talent comes from the ability to recover, rethink and reshape, says Brooke Pauley at Tucker Ellis.

  • How Courts Are Addressing The Use Of AI In Discovery

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    In recent months, several courts have issued opinions on handling discovery issues involving artificial intelligence, which collectively offer useful insights on integrating AI into discovery and protecting work product in connection with AI prompts and outputs, says Philip Favro at Favro Law.

  • Trans Bias Suits Will Persist Despite EEOC's Shifting Priorities

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    In U.S. Equal Employment Opportunity Commission v. Sis-Bro, an Illinois federal court let a transgender worker intervene in a bias suit that the EEOC moved to dismiss, signaling that the agency's pending gender identity-related actions will carry on even as its priorities shift to align with the new administration, say attorneys at Venable.

  • Series

    Adapting To Private Practice: From ATF Director To BigLaw

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    As a two-time boomerang partner, returning to BigLaw after stints as a U.S. attorney and the director of the Bureau of Alcohol, Tobacco, Firearms and Explosives, people ask me how I know when to move on, but there’s no single answer — just clearly set your priorities, says Steven Dettelbach at BakerHostetler.

  • Reverse Bias Rulings Offer Warning About DEI Quotas

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    Several recent holdings confirm that targeted or quota-based diversity programs can substantiate reverse discrimination claims, especially when coupled with an adverse action, so employers should exercise caution before implementing such policies in order to mitigate litigation risk, says Noah Bunzl at Tarter Krinsky.

  • 4 In-Flux Employment Law Issues Banks Should Note

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    Attorneys at Ogletree provide a midyear update on employment law changes that could significantly affect banks and other financial service institutions — including federal diversity equity and inclusion updates, and new and developing state and local artificial intelligence laws.

  • New DOJ Penalty Policy Could Spell Trouble For Cos.

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    In light of the U.S. Department of Justice’s recently published guidance making victim relief a core condition of coordinated resolution crediting, companies facing parallel investigations must carefully calibrate their negotiation strategies to minimize the risk of duplicative penalties, say attorneys at Debevoise.

  • Mulling Worker Reclassification In Light Of No Tax On OT

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    The One Big Beautiful Bill Act's no-tax-on-overtime provisions provide tax relief for employees who regularly work overtime and are nonexempt from the Fair Labor Standards Act, but reclassifying employees may lead to higher compliance costs and increased wage and hour litigation for employers, says Steve Bronars at Edgeworth Economics.

  • 7 Ways Employers Can Avoid Labor Friction Over AI

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    As artificial intelligence use in the workplace emerges as a key labor relations topic in the U.S. and Europe, employers looking to reduce reputational risk and prevent costly disputes should consider proactive strategies to engage with unions, say attorneys at Baker McKenzie.

  • Series

    Playing Baseball Makes Me A Better Lawyer

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    Playing baseball in college, and now Wiffle ball in a local league, has taught me that teamwork, mental endurance and emotional intelligence are not only important to success in the sport, but also to success as a trial attorney, says Kevan Dorsey at Swift Currie.

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