Employment

  • October 29, 2026

    WTA Appeals Ruling Keeping Tennis Antitrust Suit Alive

    The corporate and commercial entity that operates the Women's Tennis Association said Wednesday it will file an interlocutory appeal challenging a New York federal judge's ruling last month denying its bid to force antitrust claims brought by tennis players into arbitration.

  • October 29, 2026

    Ex-Property Management VPs Owe $1.6M For Poaching Clients

    Two former officers and directors at a North Carolina property management company must pay their ex-employer more than $1.6 million in damages to make up for clients they allegedly poached for a rival business they ran, a state court judge ruled, granting the company a partial pretrial win.

  • October 29, 2026

    Union Sues IRS Over Termination Of Workers' Contract

    The Internal Revenue Service violated federal law by terminating its collective bargaining agreement with a union representing the agency's employees in light of a 2025 executive order from President Donald Trump, the union has claimed in a lawsuit filed in Massachusetts federal court.

  • October 29, 2026

    9th Circ. Won't Unblock Calif. Captive Meeting Law

    The Ninth Circuit on Thursday upheld a lower court order blocking California from implementing its law banning so-called captive audience meetings, saying the employer groups that challenged the law showed the law likely infringed on their First Amendment rights.

  • October 29, 2026

    Tech Prices, Driver Networks Hang Over DoorDash Tie-Up

    Antitrust observers told Law360 Thursday they expect significant scrutiny of DoorDash's plan to acquire Instacart for an equity value of approximately $17 billion, pointing to the overlap between their restaurant and grocery delivery services, and the timing of the deal just as the Federal Trade Commission launches a surveillance pricing investigation.

  • October 29, 2026

    Wingstop Worker Says Race Bias, Harassment Led To Firing

    A former manager for a Wingstop franchisee sued the company in Georgia federal court Thursday, claiming that its director of operations said the company preferred white people in management and that she was later fired after turning down her boss's sexual advances.

  • October 29, 2026

    9th Circ. Drops Speech Holding In Seattle Gig Worker Ruling

    The Ninth Circuit on Thursday withdrew its earlier finding that Seattle's protections for app-based delivery workers don't regulate speech, replacing it with a narrower ruling that assumes the law involves speech but still passes First Amendment scrutiny.

  • October 29, 2026

    NJ Panel Says State Shields Military Leave Past Federal Cap

    A New Jersey state appeals court on Thursday upheld a decision giving an Atlantic City police officer his job back after the city fired him for staying on military leave for more than five years, saying a federal five-year limit is a minimum, not a maximum.

  • October 29, 2026

    Uber, Amazon, Instacart Fight NYC Courier Deactivation Law

    Uber, Amazon and Instacart have accused New York City of overstepping by enacting a law prohibiting them from "deactivating" delivery couriers without formal notice and investigation, claiming in a new federal lawsuit that the regulation unconstitutionally interferes with their contractual rights.

  • October 29, 2026

    9th Circ. Probes Warehouse Workers' Arbitration Exemption

    A Ninth Circuit panel on Thursday appeared somewhat skeptical of an argument that a transportation worker exemption to federal arbitration requirements doesn't apply to a proposed class of warehouse workers, after the appellate court found warehouse workers fit the carveout in a separate case.

  • October 29, 2026

    NLRB Backs Tesla In Workplace Tech Rule Row

    Tesla did not unlawfully maintain a workplace rule restricting the use of its technology at a New York manufacturing plant where employees were organizing, the National Labor Relations Board has found, applying a 2019 ruling the board's former top prosecutor sought to revisit.

  • October 29, 2026

    Meat Plant Workers Say DOJ's Wrong On Wage-Fixing Deals

    Beef and pork plant workers seeking final approval for $200 million in wage-fixing settlements reached with major meat processors told a Colorado federal court the U.S. Department of Justice is raising concerns about conduct that stopped years ago.

  • October 29, 2026

    DOJ Says Immigration Judge Isn't Shielded From Removal

    The U.S. Department of Justice told a Massachusetts federal judge that an ex-immigration judge who claims he was fired for his political ideology and advocacy work was an at-will employee who cannot show his firing was discriminatory.

  • October 29, 2026

    EEOC Eliminates Long-Standing Criminal History Guidance

    The U.S. Equal Employment Opportunity Commission has revoked Obama-era guidance that outlined employers' legal obligations in their use of workers' arrest and conviction records to make employment decisions, the agency announced Thursday.

  • October 29, 2026

    Amazon Workers Narrow Connecticut Screening Time Claims

    Amazon workers who prevailed after posing a security screening wage-and-hour question to the Connecticut Supreme Court have narrowed their claim period and adjusted allegations regarding the time they believe should be compensated, telling a federal judge the process lasted "several minutes, as opposed to 10-20 minutes originally alleged."

  • October 29, 2026

    NLRB Urges 7th Circ. To Ponder Injunction Harm Burden

    The National Labor Relations Board urged the full Seventh Circuit to rethink a ruling that raised the bar for the agency to win injunctions, saying the panel's merits conclusions and its take on what constitutes irreparable harm to workers' labor rights conflict with U.S. Supreme Court precedent.

  • October 29, 2026

    Pot Use Firing Suit Can Be Arbitrated Despite Flawed Clause

    A California state judge has granted Aarris Healthcare Staffing LLC's bid to compel arbitration against a former employee alleging she was wrongly fired for off-duty cannabis use, despite finding portions of the agreement unenforceable.

  • October 29, 2026

    Pa. Court OKs Unemployment Comp Despite Off-Duty Lie

    A Pennsylvania nurse didn't commit "willful misconduct" by refusing to answer questions about a coworker visiting her while he was on duty and she was off duty, so the nurse remained eligible to collect unemployment benefits after she was fired, a state appellate court ruled Wednesday.

  • October 29, 2026

    Google Cut Worker's Duties After Military Leave, Feds Say

    Google failed to reinstate a former employee to a similar role after he returned from a yearlong stint in the U.S. Army's Cyber Command unit and eventually laid him off, according to a lawsuit the U.S. Department of Justice filed Thursday in Manhattan.

  • October 29, 2026

    China Slams US Ban On 3 Biotech Cos. Over Forced Labor

    The Chinese government Thursday condemned the U.S.' recent addition of three new entities in the biotechnology sector to its blacklist of companies from which goods are banned from entering the U.S. due to their presumed use of forced labor.

  • October 29, 2026

    Groups Drop Suit Over Trump's DEI Mandate For Contractors

    A coalition of organizations ended their challenge of an executive order from President Donald Trump that requires government contractors to disavow "racially discriminatory DEI activities," stating that while they lost their bid to freeze the order, they gained crucial clarity from the court about the directive's scope.

  • October 29, 2026

    Boston TV Station Must Face Workers' Blizzard Pay Suit

    Three Boston television station employees can pursue claims that they weren't paid for preparing blizzard coverage, a Massachusetts federal judge ruled, finding they adequately alleged that transporting broadcasting equipment is compensable work under federal wage law.

  • October 28, 2026

    MSU Trustee Says Ethics Code Violates First Amendment

    A Michigan State University trustee filed a federal civil rights lawsuit against the board chair and secretary Wednesday, alleging that recent revisions to the board of trustees code of ethics are unconstitutional and intended to silence trustees who criticize the university or dissent from majority decisions.

  • October 28, 2026

    FTC Probes Delta, Uber, Others Over Data-Driven Pricing

    The Federal Trade Commission is pressing Delta, Uber, Target and a half-dozen other companies to detail how they're using personal data to set individualized pricing for consumers and compensation for workers, marking the latest escalation of the agency's growing scrutiny of the increasingly prominent business practice.

  • October 28, 2026

    Ex-Chemical Co. Owner Fights $69.2M Trade Secrets Award

    The former owner of a chemical manufacturer and his nephews urged the Delaware Supreme Court on Wednesday to overturn a nearly $69.2 million trade secrets judgment, arguing the award rests on an inflated estimate of what it would cost to recreate stolen formulas, while buyer Arxada insisted the defendants should not profit from taking them.

Expert Analysis

  • 5 Ways Trial Attys Can Build Mental Health Counseling Skills

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    Studies demonstrate that many attorneys are not equipped to respond adequately to trauma exposure, but trial lawyers can build several key skills drawn from mental health counseling into their interactions with clients and colleagues, from cognitive reappraisal to boundary setting, says Alexandra Echsner-Rasmussen at Aylstock Witkin.

  • A Nuanced Reading Of DOL's Mental Health Parity Guidance

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    Though a recent U.S. Department of Labor bulletin may suggest that agency enforcement pressure on group health plans with respect to mental health parity is easing, the takeaways are more complex, and plan sponsors should not relax compliance efforts, say attorneys at Proskauer.

  • How Rule 45 Update May Change Remote Trial Subpoenas

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    The Committee on Rules of Practice and Procedure's recently recommended update to Rule 45 of the Federal Rules of Civil Procedure would expand trial courts’ subpoena power for remote testimony, but it would not alter the standard for authorizing remote testimony and may prompt unresolved questions for foreign witnesses, say attorneys at WilmerHale.

  • 2nd Circ. Eases Employer Defense Of Dress Code Rules

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    The Second Circuit recently sided with Starbucks in a ruling that makes it easier for companies to defend dress code policies against unfair labor practice challenges, but employers shouldn't read it as a license to ban union insignia, say attorneys at Shipman & Goodwin.

  • Tracking The 2027 Va. Bills That May Tighten Data Center Regs

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    Data center developers and operators should monitor Virginia legislation responding to the state's new data center accountability framework, local moratoria and the end of an electricity consumption tax, which could change review thresholds, impose new energy rules and slow the approval process, say attorneys at Holland & Knight.

  • Reel Justice: 'The Odyssey' And Making Tough Trial Choices

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    In “The Odyssey,” Odysseus succeeds because he abandons the search for a perfect answer, highlighting for litigators why successful advocacy is about making thoughtful choices that circumvent cognitive biases and mental shortcuts, says Veronica Finkelstein at Widener-Delaware Law.

  • Protecting Trade Secrets When AI Agents Go Rogue

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    In light of a recent incident in which artificial intelligence agents compromised parts of Hugging Face's production systems, and the uncertain court guidance surrounding liability in such situations, companies looking to update their trade secret protections should carefully examine agents' permissions and technical limitations, says Matt Nealon at Marshall Gerstein.

  • Tips For Employers As Calif. Court Limits Harassment Liability

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    Doe v. Wells Fargo appears to be the first published California appellate decision to determine that the harasser must have supervisory authority over the plaintiff to trigger strict liability, underscoring the value of accurately documenting job roles and reporting lines, says Ellen Connelly Cohen at Call & Jensen.

  • Clippers Salary Cap Probe Offers Investigation Tips For Cos.

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    The NBA's recent investigation into whether the Los Angeles Clippers circumvented salary cap rules offers an unusually detailed look at how a significant organizational probe was conducted and how its findings were presented, offering practical lessons for companies conducting their own investigations, say attorneys at Wiley.

  • Parsing The Latest Signals On FTC Section 5 Enforcement

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    Federal Trade Commission cases brought over the last several years and Commissioner Mark Meador’s recent call for stand-alone Section 5 enforcement suggest businesses should prepare for continued scrutiny of conduct beyond traditional antitrust violations, particularly in essential goods, technology and labor markets, say attorneys at Axinn.

  • What Lawyers Should Know Before Accepting Crypto Payment

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    As clients increasingly request to pay legal fees, retainers and escrow funds using cryptocurrency, lawyers should consider how only a handful of state bar authorities have addressed the issue with varying ethics opinions, as well as the related questions that no authority has yet answered, says attorney Felix Shipkevich.

  • How To Use AI In Employment Contract Drafting

    Excerpt from Practical Guidance
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    Before using artificial intelligence to draft employment contracts, law firms and employers must assess practical ethical guardrails, appropriate use cases, core risk areas and validation workflows, says Samuel Mitchell at Smith Gambrell.

  • NY Severance Rules Persist Despite McLaren Macomb Threat

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    Despite recent calls to overturn the National Labor Relations Board's decision in McLaren Macomb, New York's robust regulation will remain intact, limiting practitioners' ability to offer nonsupervisory employees severance agreements with confidentiality and nondisclosure provisions, says Matthew Berman at Valli Kane.

  • Data Sale In Spirit Bankruptcy Raises Novel Privacy Risks

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    Spirit Airlines' planned sale of deidentified business data to Google for artificial intelligence training exposes gaps in the Bankruptcy Code's privacy guardrails, particularly for employee information, say attorneys at Patterson Belknap.

  • Series

    Mentalism Makes Me A Better Lawyer

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    Convincing strangers I can read their minds may seem like an unusual second career for a legal practitioner, but both disciplines share several important requirements, including trust and preparation, says Warren Biro at Manatt.

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