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Employment
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October 06, 2025
High Court Won't Weigh NLRB 'Substantial Evidence' Standard
The U.S. Supreme Court will not take up an Oregon distillery's challenge to how federal courts weigh whether to affirm National Labor Relations Board decisions, declining Monday to place a case on its docket that questioned what is known as the substantial evidence standard of review.
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October 06, 2025
Justices Won't Review 5th Circ. Ending ACA Trans Policy Suit
The U.S. Supreme Court on Monday declined to review the Fifth Circuit's decision to shut down a challenge to a Biden-era interpretation of the Affordable Care Act's nondiscrimination-in-healthcare policy as also protecting against gender identity bias, which an appellate panel told a Texas court to dismiss in December.
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October 06, 2025
DJ Company Misclassified Workers, NJ Panel Rules
A New Jersey wedding DJ services company misclassified its entertainers as independent contractors rather than employees, the state appeals court ruled, affirming the state Department of Labor's $45,645 judgment against the company.
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October 06, 2025
Baseball's Antitrust Exemption Escapes High Court Review
The U.S. Supreme Court refused a request on Monday to review baseball's century-old exemption from antitrust law in a case from players accusing Major League Baseball and its teams of colluding to pay minor leaguers "poverty level" wages.
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October 06, 2025
Mass. Justices Say Harvard Must Face Cadaver Theft Claims
Massachusetts' highest court on Monday reinstated claims against Harvard University over what one justice called a "ghoulish" and "macabre scheme" by its former medical school morgue manager to dissect, steal and sell body parts from donated medical research cadavers.
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October 06, 2025
Justices Won't Hear Ex-Steel Co. Manager's Retaliation Suit
The U.S. Supreme Court refused Monday to review a suit brought by a former steel company manager who said lower courts let his former employer use unverified misconduct allegations to shield itself from claims that he was fired for speaking out about racial bias.
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October 06, 2025
High Court Won't Revisit Packaging Co.'s Win In ADA Case
The U.S. Supreme Court refused Monday to hear a former packing company worker's challenge to the dismissal of his suit claiming he was unlawfully placed on unpaid leave after he asked to be excused from climbing ladders because of an injury, letting the company's Sixth Circuit win stand.
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October 06, 2025
Justices Deny SEC Whistleblower Award Calculation Appeal
The U.S. Supreme Court on Monday declined to take up two whistleblowers' case alleging the U.S. Securities and Exchange Commission shortchanged them after they helped to uncover purportedly the largest fraud in Texas history, after the pair argued the agency improperly and retroactively applied a rule amendment to dilute their awards.
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October 06, 2025
Justices Deny Certiorari In Auditor's $1.5M Retaliation Suit
The U.S. Supreme Court on Monday declined to hear Axos Bank's petition challenging a $1.5 million award to a former auditor who claimed he was fired for whistleblowing, rejecting a matter that concerns how companies defend against such retaliation claims.
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October 06, 2025
High Court Turns Down 6 Patent Cases At Start Of Term
The U.S. Supreme Court on Monday rejected six petitions in patent-related cases, taking some of its first actions on intellectual property matters this term.
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October 06, 2025
Justices Decline Case Over Scope Of Forced Arbitration Ban
The U.S. Supreme Court declined Monday to wade into a former employee's legal battle with CVS despite the worker's claim that the justices need to clarify key terms in a 3-year-old federal law banning mandatory arbitration of employment-related sex harassment claims.
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October 06, 2025
Justices Skip Fight Over NJ Healthcare Worker Vax Mandate
The U.S. Supreme Court said Monday it won't review the challenge by four New Jersey nurses to New Jersey Gov. Phil Murphy's executive orders in the first three months of 2022 mandating a COVID-19 vaccine booster for healthcare workers.
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October 06, 2025
Justices Won't Weigh If Home Care Travel Time Compensable
The U.S. Supreme Court declined on Monday to review whether the time that home health aides spend traveling between clients' homes is compensable in a case brought by the U.S. Department of Labor.
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October 03, 2025
Up First At High Court: Election Laws & Conversion Therapy
The U.S. Supreme Court will hear oral arguments in six cases during the first week of its October 2025 term, including in disputes over federal candidates' ability to challenge state election laws, Colorado's ban on conversion therapy, and the ability of a landlord to sue the U.S. Postal Service for allegedly refusing to deliver mail.
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October 03, 2025
Calif. Gov. Newsom Inks Bill To Let Lyft, Uber Drivers Unionize
California Gov. Gavin Newsom on Oct. 3 signed into law legislation giving gig drivers the right to unionize and negotiate certain job terms and conditions, after state leaders reached a deal with Uber and Lyft to facilitate its passage.
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October 03, 2025
4 Top Supreme Court Cases To Watch This Term
After a busy summer of emergency rulings, the U.S. Supreme Court will kick off its October 2025 term Monday with only a few big-ticket cases on its docket — over presidential authorities, transgender athletes and election law — in what might be a strategically slow start to a potentially momentous term. Here, Law360 looks at four of the most important cases on the court's docket so far.
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October 03, 2025
Portland Labor Peace Rule Not Preempted By NLRA, City Says
The city of Portland asked an Oregon federal judge Friday to toss a nonprofit's challenge to the city's requirement for its janitorial, security and industrial laundry contractors to sign labor peace agreements with unions, telling the judge the requirement isn't preempted by the National Labor Relations Act.
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October 03, 2025
High Court Broker Negligence Case 'Pivotal' For Trucking
The U.S. Supreme Court grabbed an opportunity to smooth out splintered circuit court rulings on whether freight brokers might also be liable for roadway accidents that have killed or injured people, potentially providing long-sought clarity to middlemen in a trucking and logistics sector unnerved by recent supersized verdicts against carriers and drivers.
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October 03, 2025
New York Jets Hit With Firing Suit Over Harassment Report
A former finance executive for the New York Jets hit the team with a discrimination lawsuit in New Jersey state court alleging she was improperly fired because her husband had reported sexual harassment by team president Hymie Elhai toward female employees.
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October 03, 2025
11th Circ. Pushes Forward Fla.'s ACA Trans Health Appeal
The Eleventh Circuit resolved a jurisdictional question that will allow Florida to continue pursuing its challenge against Biden-era policies impacting Affordable Care Act coverage for gender-affirming care.
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October 03, 2025
Amazon Union Seeks To Defend New York's NLRB Fill-In Law
The Amazon Labor Union has asked a New York federal judge to let it defend a New York law empowering state enforcers to fill in for the beleaguered National Labor Relations Board, saying Amazon's bid to nullify the new law imperils an unfair firing charge it filed with the state.
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October 03, 2025
Nurse Staffing Exec Says Jury Misled In Wage-Fixing Case
A nurse staffing executive convicted of wage fixing and wire fraud is asking a Nevada federal court for a new trial, arguing that prosecutors misled the jury about a cooperating witness's leniency deal.
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October 03, 2025
Employment Authority: Religion, Pregnancy Top EEOC Issues
Law360 Employment Authority covers the biggest employment cases and trends. Catch up this week with coverage on what the U.S. Equal Employment Opportunity Commission got up to over the last fiscal year, why Trump's National Labor Relations Board picks are set to face tough questions at their Senate confirmation hearings, and a roundup on where child labor laws stand in the United States.
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October 03, 2025
Logistics, Grocery Cos. Can't Keep Wage Suit In Fed. Court
Inflated damages calculations and speculative attorney fee estimates can't keep a worker's suit accusing a logistics company and a wholesale grocery store chain of wage and hour violations in federal court, a California federal judge said Friday, vacating an earlier arbitration order.
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October 03, 2025
Amazon Disputes Firing Worker On Maternity Leave
Amazon has urged an Illinois federal judge to grant it summary judgment in an ex-worker's lawsuit alleging pregnancy-based discrimination, saying she was fired only after failing to return at the end of an extended leave period and that it reminded her at least five times that she needed to provide documentation to support a longer leave.
Expert Analysis
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Key Steps For Traversing Federal Grant Terminations
For grantees, the Trump administration’s unexpected termination or alteration of billions of dollars in federal grants across multiple agencies necessitates a thorough understanding of the legal rights and obligations involved, either in challenging such terminations or engaging in grant termination settlements and closeout procedures, say attorneys at Holland & Knight.
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Oft-Forgotten Evidence Rule Can Be Powerful Trial Tool
Rule 608 may be one of the most overlooked provisions in the Federal Rules of Evidence, but as a transformative tool that allows attorneys to attack a witness's character for truthfulness through opinion or reputation testimony, its potential to reshape a case cannot be overstated, says Marian Braccia at Temple University Beasley School of Law.
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What Employers Should Know About New Wash. WARN Act
Washington state's Securing Timely Notification and Benefits for Laid-Off Employees Act will soon require 60 days' notice for certain mass layoffs and business closures, so employers should understand how their obligations differ from those under the federal Worker Adjustment and Retraining Notification Act before implementing layoffs or closings, say attorneys at Littler.
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Series
Power To The Paralegals: An Untapped Source For Biz Roles
Law firms looking to recruit legal business talent should consider turning to paralegals, who practice several key skills every day that prepare them to thrive in marketing and client development roles, says Vanessa Torres at Lowenstein Sandler.
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Collective Cert. In Age Bias Suit Shows AI Hiring Tool Scrutiny
Following a California federal court's ruling in Mobley v. Workday, which appears to be the first in the country to preliminarily certify a collective action based on alleged age discrimination from artificial intelligence tools used for hiring, employers should move quickly to audit these technologies, say attorneys at Davis Wright.
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Series
Playing Poker Makes Me A Better Lawyer
Poker is a master class in psychology, risk management and strategic thinking, and I’m a better attorney because it has taught me to read my opponents, adapt when I’m dealt the unexpected and stay patient until I'm ready to reveal my hand, says Casey Kingsley at McCreadyLaw.
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Series
Law School's Missed Lessons: Becoming A Firmwide MVP
Though lawyers don't have a neat metric like baseball players for measuring the value they contribute to their organizations, the sooner new attorneys learn skills frequently skipped in law school — like networking, marketing, client development and case evaluation — the more valuable, and less replaceable, they will be, says Alex Barnett at DiCello Levitt.
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Age Bias Suit Against Aircraft Co. Offers Lessons For Layoffs
In Raymond v. Spirit AeroSystems Holdings, an aircraft maker's former employees recently dismissed their remaining claims after the Tenth Circuit rejected their nearly decade-old collective action alleging age discrimination stemming from a 2013 reduction in force, reminding employers about the importance of carefully planning and documenting mass layoffs, say attorneys at Cooley.
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Takeaways From DOJ's 1st Wage-Fixing Jury Conviction
U.S. v. Lopez marked the U.S. Department of Justice's first labor market conviction at trial as a Nevada federal jury found a home healthcare staffing executive guilty of wage-fixing and wire fraud, signaling that improper agreements risk facing successful criminal prosecution, say attorneys at McGuireWoods.
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EEOC Suits Show Cos. Shouldn't Ax Anti-Harassment Efforts
Companies shouldn't be so quick to eliminate anti-harassment programs in response to the U.S. Equal Employment Opportunity Commission's guidance cautioning against unlawful diversity, equity and inclusion programs, as recent enforcement actions demonstrate that the agency still plans to hold employers accountable for addressing sexual harassment, says Ally Coll at the Purple Method.
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$38M Law Firm Settlement Highlights 'Unworthy Client' Perils
A recent settlement of claims against law firm Eckert Seamans for allegedly abetting a Ponzi scheme underscores the continuing threat of clients who seek to exploit their lawyers in perpetrating fraud, and the critical importance of preemptive measures to avoid these clients, say attorneys at Lockton Companies.
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Series
Teaching Business Law Makes Me A Better Lawyer
Teaching business law to college students has rekindled my sense of purpose as a lawyer — I am more mindful of the importance of the rule of law and the benefits of our common law system, which helps me maintain a clearer perspective on work, says David Feldman at Feldman Legal Advisors.
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Enviro Justice Efforts After Trump's Disparate Impact Order
The Trump administration's recent executive order directing the U.S. Department of Justice to unwind disparate impact regulations may end some Biden-era environmental justice initiatives — but it will not end all efforts, whether by state or federal regulators or private litigants, to address issues in environmentally overburdened communities, say attorneys at ArentFox Schiff.
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Disparate Impact Theory Lives On Despite Trump Order
Although President Donald Trump's recent executive order directed federal agencies to stop pursuing disparate impact claims, employers may still be targeted by private litigants' claims and should therefore stay alert to the risk that their practices may produce a disparate impact on members of a protected group, say attorneys at Duane Morris.
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Jurisdictional Issues At Play In 9th Circ.'s FCA Trade Case
A decision by the Ninth Circuit in Island Industries v. Sigma Corp. could result in the U.S. Court of International Trade’s exclusive jurisdiction over trade-related FCA cases, a big shift in the enforcement landscape just as tariffs take center stage in trade policy, say attorneys at Haynes Boone.