Employment

  • June 17, 2024

    'Anderson Method' Copyright Claim Gets Cut Ahead Of Trial

    A California federal judge has handed Tracy Anderson's former employee Megan Roup a summary judgment win on the celebrity fitness trainer's copyright claim accusing Roup of ripping off her "Tracy Anderson Method" exercise routines, but concluded a jury should decide Anderson's sole remaining breach-of-contract claim in an upcoming November trial.

  • June 17, 2024

    Disney Cruise Says Ex-Worker Must Arbitrate In London

    Disney Cruise Lines told a Florida federal court that a Honduran ex-employee who was fired for twice testing positive for marijuana must arbitrate his wrongful termination claim in London.

  • June 17, 2024

    Third Pa. Uber Trial Unlikely As Deadlock Again Looms

    With a second deadlocked jury appearing imminent in the Philadelphia UberBlack employment classification trial, a Pennsylvania federal judge on Monday told attorneys he was skeptical a third trial is on the way to resolve the case.

  • June 17, 2024

    Farm Cos. To Pay $475K To End Wash. AG's Sex Assault Suit

    A pair of agricultural companies agreed to pay $470,000 to resolve Washington state's lawsuit accusing them of standing by as a supervisor sexually harassed and assaulted female employees and firing those who complained, the state attorney general announced Monday.

  • June 17, 2024

    BREAKING: Red States, Catholic Bishops Win Reprieve From EEOC Pregnant Worker Rule

    A Louisiana federal judge on Monday blocked abortion-related parts of a U.S. Equal Employment Opportunity Commission rule implementing the Pregnant Workers Fairness Act from being enforced in two Republican states and a coalition of religious organizations hours before it was slated to take effect. 

  • June 17, 2024

    6th Circ. Says Labor Law Doesn't Bar Bias Case Against GM

    The Sixth Circuit revived a Black former General Motors employee's lawsuit Monday alleging he was denied a raise, demoted and suspended because of his race and post-traumatic stress disorder, ruling a lower court was wrong to say federal labor law preempted his bias claims.

  • June 17, 2024

    Consulting Firms To Pay $11.3M Over Rent Help Site Breach

    A consulting firm and its subcontractor have agreed to pay $11.3 million to resolve a False Claims Act suit alleging that they allowed the personal data of low-income New Yorkers to be compromised while operating a pandemic-era rental assistance program website.

  • June 17, 2024

    IRS Asks Court To Leave Alone Worker Retention Credit Pause

    An Arizona federal court should reject a tax advisory firm's request to lift the IRS' moratorium on processing claims for the pandemic-era employee retention credit, the agency argued, saying the agency should be allowed to continue to run the program as it sees fit.

  • June 17, 2024

    Tesla Slaps Supplier With $1B EV Battery Trade Secrets Suit

    Tesla is accusing one of its suppliers of corporate espionage in a $1 billion California federal lawsuit, saying that Matthews International has even tried to claim it invented the stolen trade secrets for manufacturing electric vehicle batteries by incorporating the confidential information into patent filings.

  • June 17, 2024

    Conn. Worker Gets $144K Counsel Fee After Bias Trial Win

    The Connecticut Department of Energy and Environmental Protection must pay nearly $139,000 in attorney fees to W. Martyn Philpot Jr. after a Black employee won a federal jury verdict on racial hostility claims, including accusations that he found a noose hanging near his desk in a state office building.

  • June 17, 2024

    Ga. Judge Shuts Down Bond Bid From Convicted Fla. Atty

    A Georgia federal judge has denied a Florida attorney's request to remain free on bond while she appeals her conviction and more than six-year prison sentence for fraudulently obtaining federal pandemic-relief loans meant for businesses, calling her request "the latest chapter in her attempt to dodge the consequences of her malevolence."

  • June 17, 2024

    CFTC Fines Trafigura $55M In Novel Whistleblower Action

    The U.S. Commodity Futures Trading Commission announced a first-of-its-kind settlement Monday with Trafigura Trading LLC, which agreed to pay a $55 million penalty over allegations that it manipulated oil derivatives prices while discouraging employees from reporting potentially illegal activity.

  • June 17, 2024

    Don't Let Farm Org Rewrite Wage Rule Suit, DOL Tells Judge

    A farm group shouldn't be allowed to revise its challenge to the U.S. Department of Labor's new wage rule for certain temporary workers, the agency told a Charlotte, North Carolina, federal judge, saying the revision attempt comes too late as the matter is already awaiting the judge's decision.

  • June 17, 2024

    Catching Up With Delaware's Chancery Court

    Proposed amendments to Delaware's General Corporation Law that were prompted by several recent Chancery Court rulings sailed through the state Senate last week despite loud opposition from corporate law professors and other Chancery Court watchers, and Tesla shareholders filed two new suits against CEO Elon Musk. 

  • June 17, 2024

    Ex-LSU Coach Says School Tanked Hall Of Fame Chances

    Former Louisiana State University football coach Les Miles filed a lawsuit against the school and the NCAA on Monday, alleging they dashed his Hall of Fame hopes by striking dozens of victories from his record after a recruiting investigation during his tenure.

  • June 17, 2024

    Texas High Court Restores Fossil Win Over Harassment Suit

    The Texas Supreme Court reinstated Fossil Group Inc.'s defeat of a former sales associate's lawsuit alleging it did nothing to curb a supervisor's lewd online comments and sexual harassment, finding the fashion company took swift action when it learned of the misconduct.

  • June 17, 2024

    Nursing Home Co. Owes Fees On Staffing Deal, Recruiter Says

    An international recruiter has accused the owners of nursing homes and assisted living communities in several states of failing to fork over fees for placing nurses and nursing assistants in their facilities, saying they owe over $3.4 million in outstanding fees.

  • June 17, 2024

    Amazon Fired Worker For Flagging Sex Harassment, Suit Says

    A former Amazon employee who described himself as "not heterosexual" filed a suit in Illinois federal court claiming the company allowed a co-worker to use homophobic slurs and harass him, then fired him after he complained.

  • June 17, 2024

    High Court Will Mull Proof Needed For Wage-Hour Carveout

    The U.S. Supreme Court said Monday it will hear a wage and hour case from a supermarket distributor, teeing up an opportunity for the justices to articulate the standard by which an employer must demonstrate workers are exempt from overtime.

  • June 17, 2024

    Supreme Court Won't Revisit Calif. Law Arbitration Issue

    The U.S. Supreme Court declined on Monday to revisit a case dealing with the arbitration of claims brought under a California law enabling workers to sue on behalf of the state and other workers for labor violations, an issue the justices decided on in 2022.

  • June 17, 2024

    Justices Pass On Revisiting PAGA Arbitration Issue

    The U.S. Supreme Court declined on Monday to take another look at the fate of nonindividual claims under California's Private Attorneys General Act when individual claims go to arbitration in a case involving Uber that was previously before the high court.

  • June 14, 2024

    Tata Must Pay $168M For Trade Secret Theft, Texas Judge Says

    A Texas federal judge has ordered Tata Consultancy to pay $168 million for willfully misappropriating an IT company's trade secrets concerning source code and life insurance software documentation, plus $25 million in prejudgment interest.

  • June 14, 2024

    No Associational Shield In Conn. Employment Law, Panel Says

    Connecticut's key employment practices law does not create a cause of action for discriminating against a worker because they associate with a person who has disabilities, according to a Friday opinion by the Connecticut Appellate Court.

  • June 14, 2024

    FCA Boss' N-Word Use Not Enough For Racial Bias Suit

    A Black FCA worker's allegations that his supervisor used the N-word twice and that it was written on the bathroom wall are not enough to prove he experienced a hostile work environment or was prevented from doing his job, a Michigan appeal panel has ruled.

  • June 14, 2024

    Publishing Exec's Family Says Ohio Law Allowed His Ouster

    The board of an Ohio-based media company have said state law empowered them to oust former CEO Allan Block from his family's namesake company and urged an Ohio state court to dismiss the suit he brought over the potential sale of the company that publishes newspapers in Toledo and Pittsburgh.

Expert Analysis

  • Think Like A Lawyer: Always Be Closing

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    When a lawyer presents their case with the right propulsive structure throughout trial, there is little need for further argument after the close of evidence — and in fact, rehashing it all may test jurors’ patience — so attorneys should consider other strategies for closing arguments, says Luke Andrews at Poole Huffman.

  • Where Anti-Discrimination Law Stands 4 Years After Bostock

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    On the fourth anniversary of the U.S. Supreme Court's landmark Bostock ruling, Evan Parness and Abby Rickeman at Covington take stock of how the decision, which held that Title VII protects employees from discrimination because of their sexual orientation and gender identity, has affected anti-discrimination law at the state and federal levels.

  • Series

    Playing Chess Makes Me A Better Lawyer

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    There are many ways that chess skills translate directly into lawyer skills, but for me, the bigger career lessons go beyond the direct parallels — playing chess has shown me the value of seeing gradual improvement in and focusing deep concentration on a nonwork endeavor, says attorney Steven Fink.

  • Crafting An Effective Workplace AI Policy After DOL Guidance

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    Employers should take proactive steps to minimize their liability risk after the U.S. Department of Labor released artificial intelligence guidance principles on May 16, reflecting the reality that companies must begin putting into place policies that will dictate their expectations for how employees will use AI, say David Disler and Courtnie Bolden at ​​​​​​​Porzio Bromberg.

  • Patent Lessons From 7 Federal Circuit Reversals In May

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    A look at recent cases where the Federal Circuit reversed or vacated decisions by the Patent Trial and Appeal Board or a federal district court provide guidance on how to succeed on appeal by clarifying the obviousness analysis of design patents, the finality of a judgment, and more, say Denise De Mory and Li Guo at Bunsow De Mory.

  • Litigation Inspiration: Attys Can Be Heroic Like Olympians

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    Although litigation won’t earn anyone an Olympic medal in Paris this summer, it can be worthy of the same lasting honor if attorneys exercise focused restraint — seeking both their clients’ interests and those of the court — instead of merely pursuing every advantage short of sanctionable conduct, says Bennett Rawicki at Hilgers Graben.

  • Politics In The Workplace: What Employers Need To Know

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    As the 2024 election approaches and protests continue across the country, employers should be aware of employees' rights — and limits on those rights — related to political speech and activities in the workplace, and be prepared to act proactively to prevent issues before they arise, say attorneys at Littler.

  • Lean Into The 'Great Restoration' To Retain Legal Talent

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    As the “great resignation,” in which employees voluntarily left their jobs in droves, has largely dissipated, legal employers should now work toward the idea of a “great restoration,” adopting strategies to effectively hire, onboard and retain top legal talent, says Molly McGrath at Hiring & Empowering Solutions.

  • What High Court Ruling Means For Sexual Harassment Claims

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    In its recent Smith v. Spizzirri decision, the U.S. Supreme Court held that a district court compelling a case to arbitration is obligated to stay the case rather than dismissing it, but this requirement may result in sexual harassment cases not being heard by appellate courts, says Abe Melamed at Signature Resolution.

  • NCAA Settlement May End The NIL Model As We Know It

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    The recent House v. NCAA settlement in California federal court, in which the NCAA agreed to allow schools to directly pay March Madness television revenue to their athletes, may send outside name, image and likeness collectives in-house, says Mike Ingersoll at Womble Bond.

  • 5 Steps For Gov't Contractor Affirmative Action Verification

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    As the federal contractor affirmative action program certification deadline approaches, government contractors and subcontractors should take steps to determine their program obligations, and ensure any required plans are properly implemented and timely registered, say Christopher Wilkinson at Perkins Coie and Joanna Colosimo at DCI Consulting.

  • Boeing Saga Underscores Need For Ethical Corporate Culture

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    In the wake of recent allegations about Boeing’s safety culture, and amid the U.S. Department of Justice’s new whistleblower incentives, business leaders should reinvigorate their emphasis on compliance by making clear that long-term profitability requires ethical business practices, says Maxwell Carr-Howard at Dentons.

  • New OSHA Memo Helps Clarify Recordkeeping Compliance

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    Based on recent Occupational Safety and Health Administration guidance on whether musculoskeletal disorders are recordable injuries under the agency's recordkeeping regulation, it appears that OSHA may target active release techniques and stretching programs during its inspections, say attorneys at Morgan Lewis.

  • A Closer Look At Feds' Proposed Banker Compensation Rule

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    A recently proposed rule to limit financial institutions' ability to award incentive-based compensation for risk-taking may progress through the rulemaking process slowly due to the sheer number of regulators collaborating on the rule and the number of issues under consideration, say attorneys at Troutman Pepper.

  • Why Jurors Balk At 'I Don't Recall' — And How To Respond

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    Jurors often react negatively to a witness who responds “I don’t remember” because they tend to hold erroneous beliefs about the nature of human memory, but attorneys can adopt a few strategies to mitigate the impact of these biases, say Steve Wood and Ava Hernández at Courtroom Sciences.

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