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Employment
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June 09, 2025
WilmerHale Seeks Full Fed Compliance On Struck-Down Order
WilmerHale is asking a D.C. federal judge to make clear that a ruling invalidating an executive order against the firm applies to all federal agencies subject to President Donald Trump's directives.
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June 09, 2025
Teacher's Attys Get Fee Award In Jan. 6 Free Speech Case
A Pennsylvania federal judge awarded nearly $1 million in fees and costs to attorneys who scored a win for a teacher who claimed he was unlawfully pushed out for attending a Jan. 6, 2021, rally in Washington, D.C., rejecting a school district's argument that no fee award was warranted.
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June 09, 2025
AMC 'Dark Winds' Worker Says Crew Member Harassed Her
An entertainment company behind the AMC thriller series "Dark Winds" paid a female worker less than her male counterparts and then fired her after she complained that a male crew member had harassed her, she told a California state court.
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June 09, 2025
NC Sheriff's Office To Pay $625K To End Workers' Wage Suit
A North Carolina sheriff's office agreed to pay $625,000 to a class of detention center employees to end their suit alleging they were underpaid because the sheriff paid them for a flat number of hours without considering that their work schedules varied, according to a filing in federal court.
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June 08, 2025
Judge Approves NCAA's $2.8B Athlete Revenue Settlement
The NCAA's $2.78 billion class action settlement that will for the first time provide for revenue sharing with college athletes was given final approval late Friday by a California federal judge.
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June 06, 2025
High Court Says Software Glitch Led To Early Order List Drop
An "apparent software malfunction" caused the U.S. Supreme Court's order list to be issued early Friday, orders in which the justices granted certiorari in four cases and refused to take up a long list of other ones, including cases centered on Pennsylvania's election system and the Obama Presidential Center.
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June 06, 2025
Trump Cuts To Federal Library Agency Can Resume, For Now
Employees of the federal agency that provides grants and resources to public libraries cannot immediately get blocked President Donald Trump's executive order dismantling the agency, a Washington, D.C., federal judge ruled Friday, saying there is a likelihood the case belongs in the Court of Federal Claims.
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June 06, 2025
Masimo Fights Ex-CEO's Bid To Ax Suit Over $450M Demand
Masimo Corp. fought back against founder Joe Kiani's motion to dismiss the company's Delaware Chancery Court suit seeking a declaration that he's not due a $450 million payout after his ouster as CEO, arguing that bid is an "improper attempt to evade" the Delaware court's jurisdiction.
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June 06, 2025
Mich. Farm Labor Contractor Trafficked Workers, Jury Finds
A Michigan federal jury on Friday ruled that a migrant farmworker contractor engaged in forced labor, finding in favor of five farmworkers who said they were coerced into working long hours without pay.
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June 06, 2025
Supreme Court Limits Discovery In FOIA Suit Against DOGE
The U.S. Supreme Court halted discovery Friday into whether the Department of Government Efficiency is an agency subject to the Freedom of Information Act, but left the door open to future, more tailored inquiries about the inner workings of the initiative.
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June 06, 2025
Pharma Co. Trade Secrets Case Stays In Fla. Despite HQ Move
A Florida federal judge on Friday denied a bid to toss a pharmaceutical company's lawsuit accusing a rival of stealing trade secrets because its headquarters moved to the Sunshine State after its initial complaint, saying there was "complete diversity at the time of filing of action."
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June 06, 2025
Chancery Pauses Meta Privacy Suit For EU, Ireland Actions
A Delaware court on Friday paused a pension fund stockholder suit seeking documents on data privacy violations made by Meta Platforms Inc. that led to a €1.2 billion ($1.4 billion) fine from European authorities.
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June 06, 2025
Full 11th Circ. Asked To Rethink Workplace Attack Case
An employee has asked the en banc Eleventh Circuit to rethink its ruling that wholesale restaurant supply store McLane Foodservice Inc. is not liable for injuries suffered by an employee who was set on fire at work by a former partner, arguing it took too narrow a view on foreseeability.
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June 06, 2025
Calif. Says Nonprofit Can't Challenge Captive Meeting Law
California's labor commissioner asked a federal court Friday to toss a lawsuit challenging the state's law prohibiting so-called captive audience meetings, arguing that the nonprofit that sued to block the law lacks standing because it hasn't sufficiently alleged an injury or "a credible threat of prosecution."
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June 06, 2025
Unions Say Agencies Can't Handle Resignation Offer Dispute
Three federal worker unions urged a Massachusetts federal judge not to toss their challenge to the president's deferred resignation offer, saying the personnel agencies the government wants to send their suit to can't decide their claims or give them a fair shake.
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June 06, 2025
Employment Authority: Straight Bias Case Could Trigger Suits
Law360 Employment Authority covers the biggest employment cases and trends. Catch up this week with how the U.S. Supreme Court's decision reviving a straight woman's workplace discrimination suit could trigger a surge in cases from so-called majority groups, the birthright citizenship case at the U.S. Supreme Court could start a debate over the role nationwide injunctions play in wage and hour law, and what to expect from a case in the Eighth Circuit mulling Home Depot's challenge to the National Labor Relations Board's ruling that it illegally forced out a worker who wrote "BLM" on their apron.
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June 06, 2025
Ore. Pot Regulators Say No Contract In Firing Suit
The Oregon Liquor and Cannabis Commission is urging a federal court to throw out a suit from its former deputy director alleging that the OLCC breached his employment agreement by firing him following a whiskey pocketing scandal, saying the state's Statute of Frauds voids the alleged employment agreement.
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June 06, 2025
LA Complex Civil Litigation Judge Joins JAMS As Mediator
JAMS has welcomed a retired Los Angeles County Superior Court judge to its roster who spent more than three decades on the bench, where he presided over individual matters, as well as complex civil litigation from mass torts, labor, toxic contamination and insurance disputes.
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June 06, 2025
Split DC Circ. Says IAF CEO Can Stay In Role
A split D.C. Circuit panel refused to block the reinstatement of the head of a federal agency that invests in Latin America and the Caribbean, concluding that the Trump administration's firing of the official was "likely invalid."
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June 06, 2025
9th Circ. Won't Boost Interest Rate For Worker's FMLA Win
The Ninth Circuit declined to upend an order applying the federal rate instead of a higher Washington state rate when calculating prejudgment interest that a federal jury awarded to a worker in his lawsuit accusing a manufacturer of firing him for taking leave, saying his federal claim guided his litigation strategy.
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June 06, 2025
Teachers Want $218K In Costs After Pay Bias Trial Win
Counsel representing two female teachers should receive nearly $218,000 in costs following a jury trial in which the workers were awarded $165,000 over claims that a Pennsylvania school district paid them less than men, the teachers told a federal court.
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June 06, 2025
Mich. Judge OKs $200K Deal In Pot Co. Tip-Theft Action
A Michigan federal judge on Friday granted initial approval of a $205,000 settlement to end a collective action alleging the owner of a chain of Michigan dispensaries withheld portions of tips meant to go to retail workers.
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June 06, 2025
DOGE Can Access Social Security Data For Now, Justices Say
The U.S. Supreme Court ruled 6-3 Friday that the Department of Government Efficiency could obtain unlimited access to Social Security Administration data on millions of Americans while a legal dispute over privacy concerns plays out.
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June 06, 2025
Civil Rights Groups Demand Senate Scrutinize EEOC Nominees
Nearly 50 civil and workers' groups are urging the Senate Committee on Health, Education, Labor and Pensions to hold confirmation hearings for Andrea Lucas and Brittany Panuccio, acting chair and commissioner nominee, respectively, for the U.S. Equal Employment Opportunity Commission, to further scrutinize their records.
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June 06, 2025
Truck Drivers Urge 9th Circ. To Reverse OT Exemption Ruling
Truck drivers said a California federal court focused on the wrong shipper when it ruled that they were overtime-exempt under the Fair Labor Standards Act, urging the Ninth Circuit to flip the decision granting a win to a food distributor.
Expert Analysis
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4 Employment Law Areas Set To Change Under Trump
President Donald Trump's second term is expected to bring significant changes to the U.S. employment law landscape, including the potential for updated worker classification regulations, and challenges to diversity, equity and inclusion that are already taking shape, say attorneys at Debevoise.
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What Employment Bias Litigation Looks Like After Muldrow
Nine months after the U.S. Supreme Court created an undemanding standard for discrimination claims in Muldrow v. St. Louis, Eric Schnapper at the University of Washington discusses how the Title VII litigation landscape has changed and what to expect moving forward.
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8 Lessons Yellow Corp. Layoffs Can Teach Distressed Cos.
A Delaware bankruptcy court’s recent decision, examining trucking company Yellow Corp.’s abrupt termination of roughly 25,500 employees, offers financially distressed businesses a road map for navigating layoffs under the Worker Adjustment and Retraining Notification Act, say attorneys at King & Spalding.
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The 7th Circ.'s Top 10 Civil Opinions Of 2024
Attorneys at Jenner & Block examine the most significant decisions issued by the Seventh Circuit in 2024, and explain how they may affect issues related to mass arbitration, consumer fraud, class certification and more.
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10 Key Worker-Friendly California Employment Law Updates
New employment laws in California expand employee rights, transparency and enforcement mechanisms, and failing to educate department managers on these changes could put employers at risk, says Melanie Ronen at Stradley Ronon.
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Class Actions At The Circuit Courts: Nov. And Dec. Lessons
In this month's review of class action appeals, Mitchell Engel at Shook Hardy discusses five federal court decisions and identifies practice tips from cases involving takings clause violations, breach of contract with banks, life insurance policies, employment and automobile defects.
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Artfully Conceding Liability Can Offer Defendants 3 Benefits
In the rare case that a company makes the strategic decision to admit liability, it’s important to do so clearly and consistently in order to benefit from the various forms of armor that come from an honest acknowledgment, says Ken Broda-Bahm at Persuasion Strategies.
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Mentorship Resolutions For The New Year
Attorneys tend to focus on personal achievements or career milestones when they set yearly goals, but one important area often gets overlooked in this process — mentoring relationships, which are some of the most effective tools for professional growth, say Kelly Galligan at Rutan & Tucker and Andra Greene at Phillips ADR.
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How PAGA Reform Can Inform Employer Strategies In 2025
While recent changes to California's Private Attorneys General Act will not significantly reduce PAGA claims, employers can use the new law to potentially limit their future exposure, by taking advantage of penalty reduction opportunities and more, say attorneys at Thompson Coburn.
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Series
Coaching Little League Makes Me A Better Lawyer
While coaching poorly played Little League Baseball early in the morning doesn't sound like a good time, I love it — and the experience has taught me valuable lessons about imperfection, compassion and acceptance that have helped me grow as a person and as a lawyer, says Alex Barnett at DiCello Levitt.
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7 Employment Contracts Issues Facing DOL Scrutiny
A growing trend of U.S. Department of Labor enforcement against employment practices that limit workers' rights and avoid legal responsibility shines a light on seven unique contractual provisions that violate federal labor laws, and face agressive litigation from the labor solicitor, says Thomas Starks at Freeman Mathis.
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5 Litigation Funding Trends To Note In 2025
Lawyers and their clients must be prepared to navigate an evolving litigation funding market in 2025, made more complicated by a new administration and the increasing overall cost of litigation, says Jeffery Lula at GLS Capital.
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How Deregulation Could Undermine Trump's Anti-DEI Agenda
While rolling back federal agency power benefited conservative policies during the Biden administration, it will likely undermine President Donald Trump's ability to wield agencies like the U.S. Equal Employment Opportunity Commission to dismantle diversity, equity and inclusion initiatives beyond the federal workforce and into the private sector, says Ally Coll at the Purple Method.
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Rethinking Litigation Risk And What It Really Means To Win
Attorneys have a tendency to overestimate litigation risk before summary judgment and underestimate risk after it, but an eight-stage litigation framework can clarify risk at different points and help litigators reassess what true success looks like in any particular case, says Joshua Libling at Arcadia Finance.
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How DOGE's Bite Can Live Up To Its Bark
All signs suggest that the Department of Government Efficiency will be an important part of the new Trump administration, with ample tools at its disposal to effectuate change, particularly with an attentive Republican-controlled Congress, say attorneys at K&L Gates.