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Employment
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July 31, 2025
Ex-Fire Chief Says Union Failed To Defend Him In Firing Case
A federal appellate panel appeared unlikely based on oral arguments Thursday to revive a suit by a former fire chief at a Michigan paper mill who allegedly threatened coworkers but claimed that the United Steelworkers shirked its representation duties by failing to fight the company's decision to fire him.
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July 31, 2025
J&J Fired Sales Worker Who Reported Pay Issue, Suit Says
Johnson & Johnson wrongly credited a former executive sales representative's sales to another worker, leading to lost earned commissions, and then fired him once he complained, the former employee said in a suit in Texas federal court.
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July 30, 2025
DOJ Flags 'Unlawful Discrimination' To Gov't Fund Recipients
The U.S. Department of Justice has outlined what it considers "unlawful discrimination" that federal funding recipients must avoid, including diversity, equity and inclusion programs, transgender athletes and "proxy" discrimination of assessing a job applicant's "cultural competence."
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July 30, 2025
Judge Presses Both Sides On Denver Wage Ordinance Fight
A Colorado federal judge had a slew of questions Wednesday for attorneys regarding competing motions for dismissal and summary judgment in two employment companies' case against the city and county of Denver alleging officials overstepped in their attempt to audit wage violations.
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July 30, 2025
Newmark Seeks Del. Nod For Ex-Broker Equity Sanctions
Global commercial real estate giant Newmark Holdings Inc. has sued for a Delaware Court of Chancery declaratory judgment confirming cancellation of cash, stock or restricted shares potentially earned by a Midwest contractor and his company, alleging secret handoffs of prospects and deals to a competitor.
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July 30, 2025
9th Circ. Tells DOL To Hand Over Workforce Data To Reporters
The Ninth Circuit said Wednesday that the U.S. Department of Labor must release federal contractor demographic reports to the Center for Investigative Reporting, backing a lower court's order that the data can't be concealed from the public under the concern that it contains commercial information.
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July 30, 2025
Mich. Appeals Panel Settles Split On Notice Rule Retroactivity
A special Michigan Court of Appeals panel said on Tuesday that a state high court ruling enforcing a notice requirement for lawsuits against the state is retroactive, resolving a conflict within the intermediate appellate court and upholding the dismissal of a correction worker's suit.
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July 30, 2025
Gas Co., Fired Exec Agree To End Stock Options Dispute
A former executive agreed to resolve her lawsuit accusing a gas company of refusing to let her exercise millions of dollars' worth of stock options and then firing her for complaining, a filing in Virginia federal court said.
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July 30, 2025
Judge Denies Fired Copyright Chief's Reinstatement Bid
A D.C. federal judge ruled Wednesday that the fired leader of the U.S. Copyright Office cannot immediately be reinstated while she challenges her termination by the Trump administration, saying she has not shown irreparable harm to herself or that the agency "will grind to a halt without her."
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July 30, 2025
UFC Fighters Seek Penalty For Discovery Delays In Wage Spat
Fighters suing UFC over allegations of wage suppression have asked a Nevada federal judge to impose terminating sanctions on the organization and its parent company, TKO Operating Co. LLC, for failing to turn over court-ordered documents.
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July 30, 2025
VP Says Management Co. Still Owes $178K Of Bonus
A workforce and performance management company still owes its executive vice president of engineering and solutions about $178,000 of a bonus, according to a lawsuit in Georgia federal court.
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July 30, 2025
Senate Panel Advances 2 Bipartisan Bills Boosting ESOPs
A key Senate panel advanced two bills Wednesday that would change federal benefits law related to employee stock ownership plans, or ESOPs, by providing businesses additional legal cover when they make company stock valuations and by adding ESOP representatives to a federal advisory board.
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July 30, 2025
Union Pension Fund Asks 8th Circ. To Strike GE's $230M Win
A Missouri federal judge used the wrong approach when weighing GE's eligibility for a pension law exemption intended for construction employers, a union pension fund told the Eighth Circuit, saying the approach let GE skirt $230 million in pension obligations by painting an exaggerated picture of its construction employment.
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July 30, 2025
Truist Triggered Employee Exodus, Not Ex-Execs, Court Told
Three former executives who helmed the real estate finance arm of Truist Financial Corp. and their new employer are seeking a pretrial win in the bank's poaching case, telling a North Carolina state court judge they aren't to blame for Truist's alleged bad business decisions.
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July 30, 2025
McDermott Rife With Race Discrimination, Black Atty Says
McDermott Will & Emery LLP failed to address racist comments made during a diversity presentation, kept Black attorneys out of leadership and fired a Black associate who complained that she was repeatedly sidelined because of her race, the former employee alleged Wednesday in Illinois federal court.
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July 30, 2025
Noem Hit With Religious Discrimination Suit Over Ayahuasca
A Florida woman alleges in a new federal discrimination lawsuit that U.S. Customs and Border Protection rescinded her job offer after she disclosed her religious practice includes consumption of ayahuasca tea, a federally controlled substance.
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July 30, 2025
Moncler Faces Don-Doff PAGA Suit
A former Moncler employee has slapped the luxury fashion brand with a Private Attorneys General Act suit in California state court, claiming it shorted them by not paying for time spent getting into and out of uniforms and undergoing bag checks before starting their shifts.
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July 30, 2025
Workday Wants Firm DQ'd Over Privileged Info In Atty's Suit
Attorneys at Webb Law Group APC should be disqualified from representing an ex-Workday Inc. attorney in his bias suit against the company and should face sanctions for their "egregious behavior" in disclosing privileged information in a publicly filed document, Workday told a California federal magistrate judge.
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July 30, 2025
Calif. Health Group Says Insurer Must Cover Discovery Costs
California's largest private health foundation told a federal court that a Berkshire Hathaway-owned insurer failed to cover roughly $400,000 in discovery costs the foundation incurred from an executive's now-settled wrongful termination lawsuit, arguing the insurer breached its obligations despite accepting coverage twice.
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July 30, 2025
Database Administrator Was Employee, Court Told
A former database administrator was misclassified as an independent contractor, he alleged in a proposed class and collective action in New York federal court against companies including Express Scripts and Cigna, saying he was effectively an employee.
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July 30, 2025
Rising Star: Seyfarth's Leo Li
Leo Li of Seyfarth Shaw LLP has championed clients facing wage-and-hour class actions and California Private Attorneys General Act claims, including by securing a win on appeal for a Southern California Pizza Hut franchisee after a decade of litigation involving thousands of delivery drivers, earning him a spot among employment law practitioners under age 40 honored by Law360 as Rising Stars.
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July 30, 2025
NJ County Dispatchers' Pay Affected By Bias, Union Says
Camden County, New Jersey, pays telecommunication services workers who fall under protected classes — such as veterans and people of color — less than their counterparts who are not classified as such, a Communications Workers of America unit said in a proposed class action.
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July 30, 2025
4th Circ. Backs Farm Worker's $2.5M Award For Amputation
The Fourth Circuit affirmed a $2.5 million jury verdict favoring a former North Carolina farm worker who lost his lower leg to a grain silo auger, finding the farm tried to raise new arguments on appeal that were never before the district court.
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July 30, 2025
2nd Circ. Hands Clerk Another Shot At Free Speech Firing Suit
A Second Circuit panel reinstated a suit Wednesday from a court clerk who claimed she was fired for aiding an investigation into an ethics complaint against her former boss, ruling the lower court incorrectly found that her duties as a government worker shielded her from constitutional protection.
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July 30, 2025
Honeywell, Fund's $1.2M Liability Dispute Sent To Arbitration
A Washington federal judge has paused a union pension fund's suit seeking nearly $1.2 million after, the suit says, Honeywell International Inc. stopped contributions and withdrew from the fund, ordering the parties to arbitrate over when the company received notice for its withdrawal liability.
Expert Analysis
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Texas Med Spas Must Prepare For 2 New State Laws
Two new laws in Texas — regulating elective intravenous therapy and reforming healthcare noncompetes — mark a pivotal shift in the regulatory framework for medical spas in the state, which must proactively adapt their operations and contractual practices, says Brad Cook at Munsch Hardt.
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Challenges Law Firms Face In Recruiting Competitor Teams
Since the movement of lawyer teams from a competitor can bring legal considerations and commercial risks into play, both the target and recruiting firms should be familiar with the relevant limited liability partnership deed to protect their business, say lawyers at Fox & Partners.
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Series
Playing Soccer Makes Me A Better Lawyer
Soccer has become a key contributor to how I approach my work, and the lessons I’ve learned on the pitch about leadership, adaptability, resilience and communication make me better at what I do every day in my legal career, says Whitney O’Byrne at MoFo.
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Forced Labor Bans Hold Steady Amid Shifts In Global Trade
As businesses try to navigate shifting regulatory trends affecting human rights and sustainability, forced labor import bans present a zone of relative stability, notwithstanding outstanding questions about the future of enforcement, say attorneys at Simpson Thacher.
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Grappling With Workforce-Related Immigration Enforcement
To withstand the tightening of workforce-related immigration rules and the enforcement uptick we are seeing in the U.S. and elsewhere, companies must strike a balance between responding quickly to regulatory changes, and developing proactive strategies that minimize risk, say attorneys at Fragomen.
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Series
Law School's Missed Lessons: Learning From Failure
While law school often focuses on the importance of precision, correctness and perfection, mistakes are inevitable in real-world practice — but failure is not the opposite of progress, and real talent comes from the ability to recover, rethink and reshape, says Brooke Pauley at Tucker Ellis.
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How Courts Are Addressing The Use Of AI In Discovery
In recent months, several courts have issued opinions on handling discovery issues involving artificial intelligence, which collectively offer useful insights on integrating AI into discovery and protecting work product in connection with AI prompts and outputs, says Philip Favro at Favro Law.
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Trans Bias Suits Will Persist Despite EEOC's Shifting Priorities
In U.S. Equal Employment Opportunity Commission v. Sis-Bro, an Illinois federal court let a transgender worker intervene in a bias suit that the EEOC moved to dismiss, signaling that the agency's pending gender identity-related actions will carry on even as its priorities shift to align with the new administration, say attorneys at Venable.
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Series
Adapting To Private Practice: From ATF Director To BigLaw
As a two-time boomerang partner, returning to BigLaw after stints as a U.S. attorney and the director of the Bureau of Alcohol, Tobacco, Firearms and Explosives, people ask me how I know when to move on, but there’s no single answer — just clearly set your priorities, says Steven Dettelbach at BakerHostetler.
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Reverse Bias Rulings Offer Warning About DEI Quotas
Several recent holdings confirm that targeted or quota-based diversity programs can substantiate reverse discrimination claims, especially when coupled with an adverse action, so employers should exercise caution before implementing such policies in order to mitigate litigation risk, says Noah Bunzl at Tarter Krinsky.
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4 In-Flux Employment Law Issues Banks Should Note
Attorneys at Ogletree provide a midyear update on employment law changes that could significantly affect banks and other financial service institutions — including federal diversity equity and inclusion updates, and new and developing state and local artificial intelligence laws.
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New DOJ Penalty Policy Could Spell Trouble For Cos.
In light of the U.S. Department of Justice’s recently published guidance making victim relief a core condition of coordinated resolution crediting, companies facing parallel investigations must carefully calibrate their negotiation strategies to minimize the risk of duplicative penalties, say attorneys at Debevoise.
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Mulling Worker Reclassification In Light Of No Tax On OT
The One Big Beautiful Bill Act's no-tax-on-overtime provisions provide tax relief for employees who regularly work overtime and are nonexempt from the Fair Labor Standards Act, but reclassifying employees may lead to higher compliance costs and increased wage and hour litigation for employers, says Steve Bronars at Edgeworth Economics.
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7 Ways Employers Can Avoid Labor Friction Over AI
As artificial intelligence use in the workplace emerges as a key labor relations topic in the U.S. and Europe, employers looking to reduce reputational risk and prevent costly disputes should consider proactive strategies to engage with unions, say attorneys at Baker McKenzie.
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Series
Playing Baseball Makes Me A Better Lawyer
Playing baseball in college, and now Wiffle ball in a local league, has taught me that teamwork, mental endurance and emotional intelligence are not only important to success in the sport, but also to success as a trial attorney, says Kevan Dorsey at Swift Currie.