Employment

  • April 09, 2024

    Walmart Hit With $101M Verdict In Trial Over PPE Contracts

    An Arkansas jury hit Walmart with a $101 million verdict Tuesday for breaching an agreement to purchase more than $500 million in personal protective equipment amid the coronavirus pandemic, while also finding in favor of the retail giant's tort counterclaims.

  • April 09, 2024

    'No Merit' To Talent Co.'s Bid To DQ Execs' Attys, Judge Says

    A California state judge on Tuesday told attorneys for A3 Artists Agency and its chair, Adam Bold, that their allegation of a conflict of interest "has no merit" and that she tentatively would deny their motion to disqualify opposing counsel representing executives suing Bold and the agency for breach of contract.

  • April 09, 2024

    Starbucks' Calif. Stores Lack Lactation Spaces, Suit Says

    A Starbucks employee brought a proposed class action in California state court on behalf of similarly situated workers in the Golden State over the coffeehouse chain's "systemic failure" to provide adequate lactation spaces and sufficient pumping time for nursing employees.

  • April 09, 2024

    Excuses 'Twisted' To Transgender Prof, Solid To Kent State

    Kent State University "twisted itself into knots" to justify its alleged discrimination, a transgender professor has told an Ohio federal court, as the school in turn claimed the scholar was denied a promotion for bad-mouthing colleagues online. 

  • April 09, 2024

    Texas Court Unsure It Has Jurisdiction Over Auto Co.'s Rival

    A three-judge panel for a Texas appellate court prodded the argument of an automotive repair services company, asking how it could establish that it has jurisdiction over the company's business rival given the rival's loose ties to Texas during oral arguments Tuesday.

  • April 09, 2024

    Colo. Justices Doubt Workers' Comp Stops Insurance Suits

    A Colorado Supreme Court justice expressed doubt Tuesday that lawmakers, in crafting Colorado's workers' compensation law, intended to make employees choose between getting workers' comp and suing their employer's auto insurer when injured on the job by an underinsured driver — tackling a question that has stymied the state's federal judiciary.

  • April 09, 2024

    Carpenters Urge 9th Circ. To Restart Union Retirement Fight

    A group of carpenters urged the Ninth Circuit to revive allegations that their union's retirement plan trustees played fast and loose with their savings, saying Tuesday that the trustees should face claims that their risky investment choices caused two retirement plans to plummet in value when the pandemic hit.

  • April 09, 2024

    Healthcare Co. Can't Sue Ex-Exec For Causing Canada Tax Hit

    A Colorado federal judge shot down a pharmacy automation company's suit alleging its former chief commercial officer cost it nearly CA$1.2 million ($907,000) in Canadian taxes by not telling his employer he had moved out of the country, saying the company hasn't shown it suffered any damage as a result.

  • April 09, 2024

    Hotel Owed Union Bargaining Over Renovation, DC Circ. Says

    A Hilton hotel in Alaska is on the hook for federal labor law violations after renovating rooms in a way that changed housekeepers' work conditions without sufficiently looping in the employees' union, the D.C. Circuit held Tuesday, enforcing a National Labor Relations Board decision.

  • April 09, 2024

    Challengers To H-2A Wage Rule Denied Extra Discovery

    A federal judge has refused to let agricultural businesses gather more information on the decision-making behind new H-2A agricultural worker minimum wages, rejecting claims that more discovery was warranted in light of a September order allowing the wages to take hold.

  • April 09, 2024

    EPA Reaches $1.4M Deal With Chemical Co. Over Plant Fire

    The U.S. Environmental Protection Agency on Monday said that it had recently reached a settlement with Houston-based Sasol Chemicals LLC over a 2022 chemical plant explosion in Westlake, Louisiana, over which the company agreed to pay more than $1.4 million in civil penalties and fix violations.

  • April 09, 2024

    Ex-Fox News Anchor Continues Fighting Forced Arbitration

    Gretchen Carlson, a former Fox News anchor and a leading advocate for ending forced arbitration after suing Fox News' former chair and CEO over sexual harassment allegations, told senators on Tuesday that more is needed to protect workers, particularly older ones, despite important legislation enacted two years ago.

  • April 09, 2024

    Medieval Times Drops Appeal In TM Battle With Union

    Medieval Times has dropped its bid to revive trademark infringement claims against the labor union representing its entertainers, according to a filing in the Third Circuit.

  • April 09, 2024

    Hogan Lovells Adds Baker Botts Enviro Litigators In DC, SF

    Hogan Lovells announced Tuesday it has hired three environmental crisis and white collar attorneys from Baker Botts LLP to bolster efforts to steer clients through criminal environmental and workplace safety investigations and other matters.

  • April 09, 2024

    Ex-DraftKings Exec Loses Bid For $310K In Atty Fees

    A California federal judge will not award the $310,000 in attorney fees a former DraftKings executive claims it cost to handle the ping-ponging of his lawsuit between federal and state court, ruling the removal at the behest of his ex-employer was "suspect" but not unreasonable.

  • April 09, 2024

    ArentFox Schiff Bets On Auto Sector With 4 Boston Partners

    ArentFox Schiff LLP has brought on four partners from midsize Boston firm Burns & Levinson LLP who specialize in representing the automotive industry, according to a Tuesday announcement by the firm.

  • April 09, 2024

    Former Blockchain Stock Exchange CEO Sues For $1.4M Pay

    The former CEO of a defunct blockchain securities exchange claims she was denied her final year's salary, bonus and other compensation valued at nearly $1.4 million, according to a complaint filed in Massachusetts state court.

  • April 09, 2024

    Ex-Legal Tech Exec Says Co. Sued Just To Preempt Her Suit

    A former business executive at a Texas law firm and legal technology company called on a Texas federal court Monday to toss her former employer's lawsuit against her, claiming the company and its founders attempted to preempt her New York lawsuit alleging sexual harassment and unlawful termination.

  • April 08, 2024

    Sex Life Had No Place In Sex Harassment Trial, 9th Circ. Told

    An ex-Behemoth worker asked the Ninth Circuit on Monday to order a new trial after a jury rejected his sexual harassment and hostile work environment suit against the video game company, arguing the district court erroneously allowed jurors to hear about his sex life and vulgar speech.

  • April 08, 2024

    Allstate Sues Ex-Agent For Post-Litigation 'Smear Campaign'

    Allstate Insurance Co. has alleged in Colorado federal court that a former independent contractor it previously sued for allegedly stealing trade secrets has since launched an online "smear campaign" to spread false claims that the company is selling its customers' sensitive personal data to criminals and that it flouted a court order in the earlier suit by posting confidential deposition excerpts.

  • April 08, 2024

    Red Robin Reaches $600K Deal To End EEOC Claims In Wash.

    Red Robin has agreed to pay $600,000 and bolster its anti-sexual harassment policies to end a U.S. Equal Employment Opportunity Commission lawsuit alleging a line cook in Washington state retaliated against female co-workers for objecting to his offensive comments, according to a proposed consent decree filed in federal court in Seattle.

  • April 08, 2024

    H-2A Workers Want OK On $900K OT Deal With Va. Farms

    Two Mexican farmworkers are asking a Virginia federal court to greenlight their $900,000 settlement with an agricultural association and two farms that they say cheated temporary workers out of $2.5 million in overtime pay.

  • April 08, 2024

    Ford Motor Co. OT Claims Transferred To Michigan

    An Ohio federal judge sent a proposed collective action by a former Ford Motor Co. plant worker to the Eastern District of Michigan on Monday after the worker and the auto manufacturer said the case is better dealt with near Ford's headquarters in Detroit.

  • April 08, 2024

    High Court Creating DEI Headwinds, Colo. AG Says

    Colorado Attorney General Phil Weiser said Monday that the state's major losses last year in cases involving gay rights and prosecuting threatening speech were part of what he views as a trend at the U.S. Supreme Court of hampering efforts to increase diversity, equity and inclusion.

  • April 08, 2024

    Workers Oppose X Corp.'s Bid To Stall $500M Severance Suit

    Two workers asked a California federal court to deny a request from X, formerly Twitter, to pause discovery in their suit alleging it stiffed employees on $500 million in severance pay when it conducted mass layoffs following Elon Musk's takeover, saying the move will create unnecessary delay.

Expert Analysis

  • EEOC Case Reminds That Men Can Also Claim Pay Bias

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    The Maryland State Highway Administration recently settled U.S. Equal Employment Opportunity Commission claims that a male employee was paid less than his female colleagues, highlighting why employers should not focus on a particular protected class when it comes to assessing pay bias risk, say Barbara Grandjean and Audrey Merkel at Husch Blackwell.

  • 3 Litigation Strategies To Combat 'Safetyism'

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    Amid the rise of safetyism — the idea that every person should be free from the risk of harm or discomfort — among jurors and even judges, defense counsel can mount several tactics from the very start of litigation to counteract these views and blunt the potential for jackpot damages, says Ann Marie Duffy at Hollingsworth.

  • Takeaways From NLRB Advice On 'Outside' Employment

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    Rebecca Leaf at Miles & Stockbridge examines a recent memo from the National Labor Relations Board’s Division of Advice that said it’s unlawful for employers to restrict secondary or outside employment, and explains what companies should know about the use of certain restrictive covenants going forward.

  • What Recent Study Shows About AI's Promise For Legal Tasks

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    Amid both skepticism and excitement about the promise of generative artificial intelligence in legal contexts, the first randomized controlled trial studying its impact on basic lawyering tasks shows mixed but promising results, and underscores the need for attorneys to proactively engage with AI, says Daniel Schwarcz at University of Minnesota Law School.

  • Shaping Speech Policies After NLRB's BLM Protest Ruling

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    After the National Labor Relations Board decided last month that a Home Depot employee was protected by federal labor law when they wore a Black Lives Matter slogan on their apron, employers should consider four questions in order to mitigate legal risks associated with workplace political speech policies, say Louis Cannon and Cassandra Horton at Baker Donelson.

  • What To Know About Employee Retention Credit Disclosures

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    Employers that filed potentially erroneous employee retention credit claims should take certain steps to determine whether the IRS’ voluntary disclosure program is a good fit and, if so, prepare a strong application before the window closes on March 22, say attorneys at Dentons.

  • 2026 World Cup: Companies Face Labor Challenges And More

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    Companies sponsoring or otherwise involved with the 2026 FIFA World Cup — hosted jointly by the U.S., Canada and Mexico — should be proactive in preparing to navigate many legal considerations in immigration, labor management and multijurisdictional workforces surrounding the event, say attorneys at Morgan Lewis.

  • 5 Things Trial Attorneys Can Learn From Good Teachers

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    Jennifer Cuculich at IMS Legal Strategies recounts lessons she learned during her time as a math teacher that can help trial attorneys connect with jurors, from the importance of framing core issues to the incorporation of different learning styles.

  • Avoiding Jurisdictional Risks From Execs' Remote Work

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    Following a California federal court's recent decision in Evans v. Cardlytics — where the case was remanded to state court because the company’s executives worked remotely in California — there are several steps employers can take to ensure they will not be exposed to unfavored jurisdictions, says Eric Fox at Quarles & Brady.

  • 11th Circ. FMLA Ruling Deepens Divide Over Causation

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    The Eleventh Circuit's recent ruling in Lapham v. Walgreen distinguishes the circuit as the loudest advocate for the but-for causation standard for assessing Family and Medical Leave Act retaliation claims, though employers in other jurisdictions may encounter less favorable standards and the U.S. Supreme Court will likely have to address the circuit split eventually, say attorneys at Benesch.

  • What Workplace Violence Law Means For Texas Healthcare

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    While no federal laws address violence against healthcare workers, Texas has recently enacted statutory protections that take effect later this year — so facilities in the state should understand their new obligations under the law, and employers in other states would be wise to take notice as well, say attorneys at Bradley Arant.

  • Handling Neurodivergence As The Basis Of Disability Claims

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    Three recent discrimination claims in Rhode Island and New Jersey show how allegations of adverse treatment of neurodivergent individuals will continue to be tested in court, so employers should create an environment that welcomes the disclosure of such conditions, says Ting Cheung at Sanford Heisler.

  • Employers Should Take Surgeon's Sex Bias Suit As A Warning

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    A Philadelphia federal jury's recent verdict in a sex bias suit over Thomas Jefferson University's inaction on a male plaintiff's sexual harassment complaint is a reminder to employers of all stripes about the importance of consistently applied protocols for handling complaints, say attorneys at Williams & Connolly.

  • Business Litigators Have A Source Of Untapped Fulfillment

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    As increasing numbers of attorneys struggle with stress and mental health issues, business litigators can find protection against burnout by remembering their important role in society — because fulfillment in one’s work isn’t just reserved for public interest lawyers, say Bennett Rawicki and Peter Bigelow at Hilgers Graben.

  • Generative AI Adds Risk To Employee 'Self-Help' Discovery

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    Plaintiffs have long engaged in their own evidence gathering for claims against current or former employers, but as more companies implement generative AI tools, both the potential scope and the potential risks of such "self-help" discovery are rising quickly, says Nick Peterson at Wiley.

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