Employment

  • December 01, 2023

    Prime Healthcare ERISA Judge 'Befuddled' By Class Cert. Ask

    A California federal judge on Friday questioned the standing of the three named plaintiffs seeking class certification in a federal benefits class action against Prime Healthcare Services Inc., saying she is "befuddled" about how certification would change the case at all.

  • December 01, 2023

    Fighters Say UFC Can't Avoid Wage Suppression Trial

    Ultimate Fighting Championship fighters assailed the company for trying to avoid trial next year on antitrust claims alleging it suppressed wages by up to $1.6 billion through coercive, exclusive contracts and the purchase of rival promoters, telling a Nevada federal judge UFC's arguments for dismissal are deeply contradictory.  

  • December 01, 2023

    Feds Say Biz Group Lacks Standing In Trans Coverage Suit

    The Biden administration has hit back at a Christian business association's attempt to block its policy requiring businesses to offer insurance for gender transition procedures, saying the group lacks standing for having failed to allege specific harms suffered by its members.

  • December 01, 2023

    TikTok Parent Rips Coder's 'Gamesmanship,' Urges Arbitration

    TikTok's parent company ByteDance urged a California federal judge at a remote hearing Friday to send an engineer's wrongful termination suit accusing it of being the Chinese Communist Party's "propaganda tool" to arbitration, arguing the plaintiff has engaged in "gamesmanship" to avoid that and get to the state court's "bully pulpit."

  • December 01, 2023

    Justices Call O'Connor 'American Hero,' 'Perfect Trailblazer'

    Following news of retired U.S. Supreme Court Justice Sandra Day O'Connor's death at the age of 93, current and former high court justices paid public homage to her trailblazing career, devotion to the rule of law and illuminating charisma.

  • December 01, 2023

    Wells Fargo Ex-CEO Says Bank Stiffing Him On $34M In Pay

    Timothy Sloan, the onetime chief executive of Wells Fargo & Co., sued the California banking giant on Friday over roughly $34 million in compensation he alleges was wrongfully withheld from him after his 2019 exit from the scandal-tarnished firm.

  • December 01, 2023

    Ex-CEO For Space Cargo Biz Can't Revive Legal Fee Suit

    Delaware's Supreme Court let stand on Friday a Court of Chancery ruling that space infrastructure company Momentus Inc. has no obligation to advance legal fees to its co-founder and former CEO after he waived most of his rights to indemnification and advancement when he left the company in 2021.

  • December 01, 2023

    Former Clerks Say Justice O'Connor Still Worth Emulating

    BigLaw attorneys mentored by former U.S. Supreme Court Justice Sandra Day O'Connor, who died Friday after a lengthy battle with dementia, say she'll be remembered as an incisive jurist who always put facts and practical considerations above abstract ideological commitments, as well as a deeply gracious and down-to-earth woman who never let her dedication to the law overshadow her zest for life.

  • December 01, 2023

    Employment Authority: NYC Officially Bans Body Size Bias

    Law360 Employment Authority covers the biggest employment cases and trends. Catch up this week with coverage on what employers should know about New York City's new law banning body size discrimination, what new data shows about how pay transparency laws are playing out across the country and how new union agreements brokered for Hollywood and casino workers show how labor is attempting to regulate artifical intelligence. 

  • December 01, 2023

    Univar Fights Union Fund's Bid For Pretrial Pension Row Win

    Univar Solutions USA Inc. told an Illinois federal judge that the company isn't liable for thousands in allegedly unpaid pension contributions, claiming the fund accepted a labor contract between the chemical giant and a Teamsters local that ended the business's obligation to pay.

  • December 01, 2023

    Up Next At High Court: Purdue Pharma, Taxes & Job Transfers

    The U.S. Supreme Court returns Monday for the last argument session of the calendar year to consider whether bankruptcy courts have the authority to sign off on third-party liability releases in Chapter 11 plans, whether Congress can tax unrealized foreign gains, and which standard should be used to determine the viability of employment discrimination claims.

  • December 01, 2023

    Defense Co. Refused To Retract Resignation, Worker Says

    Aerospace and defense contractor Collins Aerospace interfered with a worker's state and federal right to take medical leave, the employee alleged, by refusing to allow her to revoke her resignation in lieu of a period of short-term disability leave.

  • December 01, 2023

    Booz Allen Used Sex Assault Story To Fire Worker, Suit Says

    A former associate who complained about sexism at Booz Allen was unlawfully fired when the consulting firm deemed a news article — in which she disclosed that she had been sexually assaulted — breached company policy, she claimed in a federal lawsuit.

  • December 01, 2023

    Mich. Justices Leave 'Ethical Quandaries' Be In Nurse Appeal

    A divided Michigan Supreme Court has rejected the appeal of a hospital nursing manager fired for breaching patient confidentiality in a conversation with her lawyer, with two justices saying their colleagues were ducking an important question for Michigan attorneys: whether a communication with one's lawyer can be a "whistleblower" report.

  • December 01, 2023

    Judge Balks At 'Sheer Number' Of Exhibits In Seattle Vax Suit

    A Washington federal judge expressed mild concern Friday about the "sheer number" of exhibits attached to a group of firefighters' discrimination lawsuit against the city of Seattle over its COVID-19 vaccine mandate, doubtful that the court would even be able to consider the contents of the 1,130 pages while weighing the plaintiffs' claims.   

  • December 01, 2023

    NJ, Governor Say Law Wasn't Passed To Oust Elections Chief

    New Jersey and its governor on Friday urged a state judge to toss claims made by the ex-chief of the state's Election Law Enforcement Commission that a state law was passed in order to remove him from his post and is unconstitutional, arguing it was well within the Legislature's power to enact the law.

  • December 01, 2023

    Pa. Judge Approves $300K Deal In Philly Pops Benefits Row

    A Pennsylvania magistrate judge approved a $300,000 settlement between a Philadelphia-based orchestra and a musicians' union, resolving the union's claims that the orchestra owed wages and benefits contributions for a holiday program in 2022.

  • December 01, 2023

    Race Bias Suit Doesn't Need 'Magic Words,' 6th Circ. Rules

    The Sixth Circuit has revived a minority-owned government contractor's racial discrimination claim against a consultant who allegedly made false statements about it to a Detroit suburb, ruling in a precedential opinion that a lower court wrongly dinged the contractor for not using "magic words" in its civil rights complaint.

  • December 01, 2023

    Voters Sue DeSantis Over Prosecutor Suspension

    Two Florida voters claim Gov. Ron DeSantis violated the U.S. Constitution when he suspended elected prosecutor Monique Worrell in August, saying in a new lawsuit that he disenfranchised the nearly 400,000 residents who voted for her.

  • December 01, 2023

    Special Visas Needed To Address Health Labor Shortages

    In the first of a three-part series focused on labor shortages, Law360 examines the immigration solutions that could help alleviate the strain on the health care sector.

  • December 01, 2023

    Ex-McDermott Partner Says Firm Stiffed Him On Raise

    A former McDermott Will & Emery LLP partner who lives in Israel has sued the firm in Illinois state court, claiming it unlawfully refused to give him the pay raise it planned for U.S. income partners in 2022.

  • December 01, 2023

    3 December Argument Sessions Benefits Attys Should Watch

    Physicians' groups will ask the Sixth Circuit to reinstate their suit claiming the federal government is illegally forcing them to provide gender transition-related care, while American Airlines pilots will try to get their military leave class action back on track at the Third Circuit. Here, Law360 looks at three appellate argument sessions that should be on benefits attorneys' radar in December.

  • December 01, 2023

    BofA Cheats Mortgage Loan Officers Out Of OT, Suit Says

    Bank of America flouted federal and state laws by misclassifying mortgage loan officers as overtime-exempt even though they neither received a salary nor performed administrative duties, a group of workers said in a proposed class and collective action in North Carolina federal court.

  • December 01, 2023

    Drivers Call Furniture Store, Delivery Co. Dual Employers

    Delivery drivers for Bob's Discount Furniture and its delivery provider urged a New Jersey federal judge not to toss their unpaid overtime class action, saying the companies can't skirt their obligations to pay fair wages because they were the drivers' joint employers.

  • December 01, 2023

    4 Decisions For Which Justice O'Connor Will Be Remembered

    Many of the hotly divided cases at the U.S. Supreme Court came down to Justice Sandra Day O’Connor, a central force on the bench whose savviness at striking compromises and taking a pragmatic approach to resolve disputes is on full display in four opinions.

Expert Analysis

  • Legal Lessons From Past World Cups To Keep In Mind For '26

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    The 2022 World Cup in Qatar and the 2023 Women's World Cup in Australia and New Zealand set new standards for sustainability, human rights and sponsorship — and with those new standards come new challenges for those involved in the planning of the 2026 World Cup in North America, say attorneys at Morgan Lewis.

  • 2nd Circ. Defamation Ruling May Chill NY Title IX Reports

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    The Second Circuit’s recent decision, holding accusers in Connecticut Title IX sexual misconduct cases are not immune to defamation claims, means that New York higher education institutions should reassess whether their disciplinary hearing procedures both protect due process and encourage victim and witness participation, says Nicole Donatich at Cullen and Dykman.

  • Series

    Writing Thriller Novels Makes Me A Better Lawyer

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    Authoring several thriller novels has enriched my work by providing a fresh perspective on my privacy practice, expanding my knowledge, and keeping me alert to the next wave of issues in an increasingly complex space — a reminder to all lawyers that extracurricular activities can help sharpen professional instincts, says Reece Hirsch at Morgan Lewis.

  • What Lawyers Must Know About Calif. State Bar's AI Guidance

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    Initial recommendations from the State Bar of California regarding use of generative artificial intelligence by lawyers have the potential to become a useful set of guidelines in the industry, covering confidentiality, supervision and training, communications, discrimination and more, say attorneys at Debevoise.

  • Industry Must Elevate Native American Women Attys' Stories

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    The American Bar Association's recent research study into Native American women attorneys' experiences in the legal industry reveals the glacial pace of progress, and should inform efforts to amplify Native voices in the field, says Mary Smith, president of the ABA.

  • How Color Psychology Can Help Tell Your Trial Narrative

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    Research shows that color is a powerful sensory input that affects memory and perception, so attorneys should understand how, when and why to use certain shades in trial graphics to enhance their narrative and draw jurors’ focus, says Adam Bloomberg at IMS Consulting.

  • A Look At Mass. Sports Betting Data Privacy Regulations

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    The Massachusetts Gaming Commission recently approved data privacy regulations under the state's sports wagering act to promote responsible gaming, showing a trend of regulators directing companies on how to protect personal information used by artificial intelligence systems, say Liisa Thomas and Kathryn Smith at Sheppard Mullin.

  • Title IX Grievance Rules Raise Due Process Questions

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    The U.S. Department of Education’s proposed Title IX regulations for campus disciplinary proceedings would ease the administrative burden on institutions, but raise fairness and due process questions that will likely lead to follow-on litigation, say Markus Funk and Christopher Wilkinson at Perkins Coie.

  • Understanding Discovery Obligations In Era Of Generative AI

    Excerpt from Practical Guidance
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    Attorneys and businesses must adapt to the unique discovery challenges presented by generative artificial intelligence, such as chatbot content and prompts, while upholding the principles of fairness, transparency and compliance with legal obligations in federal civil litigation, say attorneys at King & Spalding.

  • How Employers Should Prep For NLRB, OSHA Collaboration

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    The National Labor Relations Board and the Occupational Safety and Health Administration’s recent announcement of increased interagency cooperation may suggest that each agency will be expanding its scope of inquiry moving forward, and signals that employers need to be prepared for inspections that implicate both OSHA and NLRB issues, say attorneys at Baker Donelson.

  • 3 Evolving Issues Shaping The College Sports Legal Playbook

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    Conference realignment will seem tame compared to the regulatory and policy developments likely to transform college sports in the near future, addressing questions surrounding the employment status of student-athletes, athlete compensation and transgender athletes, say attorneys at O'Melveny.

  • Employer Lessons After 2023's Successful Labor Strikes

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    Following recent historic strikes in the automotive, entertainment and health care industries, employers of all types can learn key insights about how unions may approach negotiations and strikes going forward, and nonunionized workplaces should anticipate a drive for increased union membership, say Lenny Feigel and Mark Neuberger at Foley & Lardner.

  • Why Criminal No-Poach Cases Can Be Deceptively Complex

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    Mark Rosman at Wilson Sonsini discusses the reasons many criminal no-poach cases that appear simple are actually more complicated than they seem, following several jury trial acquittals and two dismissed cases.

  • The Case For Post-Bar Clerk Training Programs At Law Firms

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    In today's competitive legal hiring market, an intentionally designed training program for law school graduates awaiting bar admission can be an effective way of creating a pipeline of qualified candidates, says Brent Daub at Gilson Daub.

  • Why Employers Should Refrain From 'Quiet Firing'

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    While quiet firing — when an employer deliberately makes working conditions intolerable with the goal of forcing an employee to quit — has recently been identified in the news as a new trend, such constructive discharge tactics have been around for ages, and employers would do well to remember that, comparatively, direct firings may provide more legal protection, says Robin Shea at Constangy.

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