Employment

  • February 12, 2024

    Tilray Slammed For 'Secret' Bid To Undo Exec's $4M Award

    A former Tilray executive accused the company of "cloak-and-dagger" legal maneuvering on Monday as she urged a federal judge to let stand her $4 million arbitration victory against the company, arguing that Tilray didn't even wait for her award to be finalized in Minnesota before running to a Washington court to void it.

  • February 12, 2024

    Ex-Levi & Korsinsky Partner Drops Sex Bias Suit Against Firm

    A former partner at Levi & Korsinsky LLP on Monday permanently dropped her New York federal court lawsuit alleging sex-based discrimination and retaliation.

  • February 12, 2024

    Farmworkers Union Fights Bid To Stop NY Ag Law

    The United Farm Workers urged a New York federal judge to let the union intervene in a dispute over a state law covering protections for agriculture workers, arguing an agricultural organization and family-run farms made claims that implicated the union in their suit to block the law's enforcement.

  • February 12, 2024

    X Says Ex-Workers' New Sex Bias Complaint Is Still Deficient

    X Corp. urged a California federal court to throw out a proposed class action alleging that Elon Musk's takeover of the company formerly known as Twitter predominantly impacted women through an ensuing culture shift and mass layoffs, saying a new complaint does not fix flaws identified in a previous effort.

  • February 12, 2024

    Ex-Paralegal Asks Del. Justices To Undo Jobless Pay Ruling

    A former Morris James LLP paralegal on Monday urged Delaware's highest court to let him collect a year's worth of unemployment benefits, arguing a lower court erred in finding that a payment he received when leaving the firm was severance pay rather than compensation for a whistleblower claim.

  • February 12, 2024

    Shepherd's Death Halts Round-The-Clock H-2A Pay Case

    A case on whether Nevada state law requires foreign shepherds working through the H-2A temporary visa program to be paid round-the-clock wages was put on hold Monday after the Western Range Association said the plaintiff had died.

  • February 12, 2024

    Judge Orders Arbitration In Fla. Doctor's New Contract Claim

    A doctor who says he faced retaliation from companies he had contracted with after objecting to violations of the False Claims Act must take his newest allegations to arbitration, a Florida federal judge ruled Monday, rejecting the physician's argument that one of the defendants had waived its arbitration rights.

  • February 12, 2024

    Aaron's Job Applicant Insists He Can Sue Over Online Posting

    A job seeker is claiming he has a right to sue rent-to-own retailer Aaron's for allegedly running afoul of Washington's pay transparency law even though he was never hired, arguing it would be "absurd" to require him to take the job before being able to sue over a lack of details in a posting.

  • February 12, 2024

    Apple, Rivos On The Way To A Deal In Trade Secrets Fight

    Apple has reached an agreement potentially resolving its claims that startup chipmaker Rivos poached engineers and directed them to steal the tech giant's trade secrets, telling a California federal judge the deal would allow Apple to conduct a forensic examination of Rivos' systems.

  • February 12, 2024

    States Urge Court To OK Injunction Against NCAA's NIL Rules

    Tennessee and Virginia are taking another shot at pausing the NCAA's name, image and likeness recruiting rules, attempting to shore up their arguments and asking the court not to use the same reasoning it did for denying a temporary restraining order in their antitrust suit against the organization.

  • February 12, 2024

    9th Circ. Revives Lowe's Worker's Nonindividual PAGA Claims

    The Ninth Circuit upheld a decision ordering a Lowe's employee's individual California Private Attorneys General Act wage claims to arbitration, finding Monday that her arbitration agreement was enforceable and vacating the dismissal of her representative claims with instructions to apply the California Supreme Court's holding in Adolph v. Uber Technologies.

  • February 12, 2024

    Ex-NJ County Health Director Claims Ouster Due To Age, Politics

    The former executive director of a Garden State county's health department has claimed that he was fired in retaliation for reporting a secret meeting he had with a newly elected county commissioner who asked about his age and how much longer he planned on working, according to a lawsuit filed in New Jersey state court.

  • February 12, 2024

    Ex-Flight Attendant Wants JetBlue Sanctioned In Docs Fight

    JetBlue Airways Corp. should be held in contempt of court and sanctioned for failing to turn over documents in a former flight attendant's lawsuit over allegedly toxic fumes that she inhaled on the job, she and her husband have told a Connecticut federal court in a motion to force the airline's compliance with a subpoena.

  • February 12, 2024

    Railroad Asks 8th Circ. To Undo Fired Worker's Back Pay Win

    Kansas City Southern Railway Co. is fighting a court order requiring it to fully reimburse a wrongfully fired employee for five years of lost pay and benefits, telling the Eighth Circuit on Monday that its question about whether the payout should account for lost vacation time belongs before an arbitrator. 

  • February 12, 2024

    Financial Services Co. Underpaid Women Execs, Ex-VP Says

    Trustly Inc. vastly underpaid female executives compared to their male colleagues in keeping with a misogynistic "tech-bro culture," according to a former vice president who claimed in a complaint filed in New Jersey federal court that she was discharged for raising concerns about the pay disparity.

  • February 12, 2024

    Cordell & Cordell Seeks Early Win In Suit By Fired Paralegal

    A family law firm has asked a Kansas federal judge to grant it a win in a former paralegal employee's lawsuit claiming she was mistreated and fired after reporting sexual harassment, saying her termination was because of performance issues.

  • February 12, 2024

    Court Reporters Deemed Exempt Contractors In Benefits Case

    A New Jersey appellate court on Monday partially undid orders requiring two legal transcription services companies to reimburse the state for unpaid unemployment and disability benefits, ruling that court reporters are exempt independent contractors under state law.

  • February 12, 2024

    Ventura County Office Extends GRSM50's Golden State Reach

    San Francisco-founded Gordon Rees Scully Mansukhani LLP has opened an office in Ventura County, California — its 10th physical presence in the Golden State and its 78th locale overall, the firm said Monday.

  • February 12, 2024

    Ex-Melick & Porter Partner Says Colleague Forced Him Out

    A former Melick & Porter LLP partner claimed in a Massachusetts state court lawsuit that he was pushed out of the firm by another partner who undermined him and stole clients.

  • February 12, 2024

    Fla. Atty Wants $300K COVID Relief Fraud Conviction Axed

    A Florida attorney convicted of conspiring to defraud a U.S. coronavirus pandemic relief program has asked a Georgia federal judge to vacate the jury's guilty verdict and either acquit her or order a new trial, arguing the government violated her due process rights by not submitting sufficient evidence to prove her guilt.

  • February 09, 2024

    Employment Authority: Tips To Avoid Layoffs Litigation

    Law360 Employment Authority covers the biggest employment cases and trends. Catch up this week with coverage on how companies can limit litigation risks amid layoffs, why the Fifth Circuit has become a popular appeals court for NLRB decisions, and how avoiding Gen Z job candidates could open employers up to age bias claims.

  • February 09, 2024

    Texas City Challenges $8M Race Discrimination Verdict

    A Texas city that lost a multimillion-dollar discrimination case brought by its Black former city manager appealed the jury verdict to the Fifth Circuit just as the manager's attorneys moved for $1.2 million in fees in federal court.

  • February 09, 2024

    DC Circ. Affirms Union Pension Fund Can Dodge Arb. Awards

    The D.C. Circuit on Friday affirmed two employers' losses in two suits brought by a pension fund for the International Association of Machinists, finding an actuary can set assumptions for a measurement date after the fact based on information that was available as of that date.

  • February 09, 2024

    Ex-Terminix Worker Asks 9th Circ. To Revive PAGA Wage Fight

    A former Terminix worker urged the Ninth Circuit on Friday to vacate an order tossing his nonindividual wage claims while sending his individual California Private Attorneys General Act claims to arbitration, arguing he has standing to bring nonindividual claims under the California Supreme Court's decision in Adolph v. Uber Technologies. 

  • February 09, 2024

    Amazon Cut Delivery Co. To Punish Complaints, Suit Says

    Amazon mischaracterized the employment of a package delivery servicer and severed the team's contract after its leader complained about alleged sexual harassment, violating Massachusetts employment law, the team leader told a state court Friday.

Expert Analysis

  • Sex Harassment Arbitration Exemption: Devil Is In The Date

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    A Federal Arbitration Act amendment that exempts workplace sexual harassment claims from arbitration is muddled in ongoing confusion about its chronological reach — and as many such cases begin to run up against applicable statutes of limitations, the clock is ticking for claimants to bring their actions in court, says Abe Melamed at Signature Resolution.

  • Compliance Refresher Amid DOL Child Labor Crackdown

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    In light of the Labor Department’s recent announcement of new penalty assessment procedures for child labor law violations, Erica MacDonald and Sylvia Bokyung St. Clair at Faegre Drinker discuss what employers should know about the department’s continued focus on this issue and how to bolster compliance efforts.

  • Antitrust Enforcement Initiatives To Watch In 2024

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    The U.S. Department of Justice is likely to prioritize information-sharing prosecutions in 2024, following last year's withdrawal of safe harbors, as well as labor market enforcement after trial losses forced a pullback in 2023, say attorneys at Fried Frank.

  • Law Firm Strategies For Successfully Navigating 2024 Trends

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    Though law firms face the dual challenge of external and internal pressures as they enter 2024, firms willing to pivot will be able to stand out by adapting to stakeholder needs and reimagining their infrastructure, says Shireen Hilal at Maior Consultants.

  • Top 10 Employer Resolutions For 2024

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    From technological leaps to sea changes in labor policy to literal sea changes, 2024 provides opportunities for employers to face big-picture questions that will shape their business for years to come, say Allegra Lawrence-Hardy and Lisa Haldar at Lawrence & Bundy.

  • AI In Employment Law: The Top Guest Articles Of 2023

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    This year, the most popular employment law topics related to artificial intelligence in Law360's Expert Analysis section included ChatGPT, new AI legislation, and diversity, equity and inclusion.

  • The Most-Read Employment Law360 Guest Articles Of 2023

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    This year, some of the most popular employment topics in articles written for Law360's Expert Analysis section focused on workplace diversity, equity and inclusion, new unionization rules from the National Labor Relations Board, and proposed regulations for implementing the Pregnant Workers Fairness Act.

  • The Most-Read Legal Industry Law360 Guest Articles Of 2023

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    A range of legal industry topics drew readers' attention in Law360's Expert Analysis section this year, from associate retention strategies to ethical billing practices.

  • Lessons Learned From 2023's Top FMLA Decisions

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    This year’s most significant Family and Medical Leave Act decisions offer lessons on the act's technical requirements, including the definition of serious health condition, compliance with notice requirements and whether it is permissible to give an employee substantial extra work upon their return from leave, says Linda Dwoskin at Dechert.

  • Artificial Intelligence Is In Need Of Regulation — But How?

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    Since most of the artificial intelligence-related laws in 2023 were part of more extensive consumer privacy law, the U.S. still has a lot of work to do to build consensus on how to oversee AI, and even who should do the regulating, before moving forward on specific and reasonable guidelines as AI's capabilities grow, say Nick Toufexis and Paul Saputo at Saputo Toufexis.

  • Inside Higher Education's New FCA Liability Challenges

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    As the educational sector expands its use of government funding, schools are at increased risk under the False Claims Act, but recent settlements offer valuable lessons about new theories of liability they may face and specific procedures to reduce their exposure, say James Zelenay and Jeremy Ochsenbein at Gibson Dunn.

  • Attorneys' Busiest Times Can Be Business Opportunities

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    Attorneys who resolve to grow their revenue and client base in 2024 should be careful not to abandon their goals when they get too busy with client work, because these periods of zero bandwidth can actually be a catalyst for future growth, says Amy Drysdale at Alchemy Consulting.

  • In The World Of Legal Ethics, 10 Trends To Note From 2023

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    Lucian Pera at Adams and Reese and Trisha Rich at Holland & Knight identify the top legal ethics trends from 2023 — including issues related to hot documents, artificial intelligence and cybersecurity — that lawyers should be aware of to put their best foot forward.

  • Del. Dispatch: The 2023 Corporate Cases You Need To Know

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    Corporate and mergers and acquisitions litigation has continued at a fevered pace this year, with the Delaware courts addressing numerous novel issues with important practical implications, including officer exculpation and buyer aiding-and-abetting liability, say attorneys at Fried Frank.

  • Lessons Learned From 2023's Top ADA Decisions

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    This year saw the courts delving into the complexities of employee accommodations under the Americans with Disabilities Act in the post-pandemic workplace, going beyond bright-line rules with fact-intensive inquiries that are likely to create uncertainty for employers, says Linda Dwoskin at Dechert.

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