Employment

  • February 05, 2026

    Arbitration Pact Doesn't Block Race Bias Suit, 6th Circ. Says

    The Sixth Circuit backed a trial court's ruling that an arbitration agreement didn't apply to a Black ex-security officer's suit claiming Detroit's Renaissance Center failed to address concerns that white officers mistreated their Black co-workers, ruling a grammatical decision in the pact keeps his case in court.

  • February 05, 2026

    Seton Hall Wants Ex-President Sanctioned In Leak Lawsuit

    Seton Hall University said that its former president has made a frivolous attempt at dismissing a suit claiming he leaked damaging information about his successor and that he should be sanctioned as a result.

  • February 05, 2026

    Trump Admin Finalizes Rule Facilitating Federal Worker Firings

    The Trump administration Thursday announced a final rule to create a new category of federal workers who would have fewer job protections and be easier to fire, implementing an executive order from early last year that could affect 50,000 employees at federal agencies.

  • February 05, 2026

    Aircraft Service Co. Denied OT, Full Pay, Ex-Worker Tells Court

    An aircraft services company stiffed workers on overtime and pay for all hours worked, a former employee alleged in a proposed collective action complaint filed in Texas federal court.

  • February 05, 2026

    Amazon Screenings Are 'Hours Worked,' Conn. Justices Rule

    Amazon security screenings count as "hours worked" under Connecticut state employment law, and no legal exception permits the retailer to withhold pay for time spent on minimal matters at the end of a worker's shift, the state supreme court ruled unanimously on Thursday.

  • February 04, 2026

    OSU's Defensive Analyst Says Gender Bias Got Him Fired

    Ohio State University was sued Tuesday in federal court by a former football program employee alleging it applied "gendered assumptions about credibility, aggression and victimhood" against him and fired him after he complained about a female colleague's hostile behavior.

  • February 04, 2026

    'Extraordinary Circumstances': Elon Musk Faces USAID Depo

    A Maryland federal judge on Wednesday said billionaire Elon Musk must testify in litigation filed by U.S. Agency for International Development employees claiming he illegally dismantled the foreign aid agency while head of the advisory organization known as the Department of Government Efficiency, saying "extraordinary circumstances justify the deposition."

  • February 04, 2026

    9th Circ. Seems Reluctant To Keep Netflix Bias Case In Court

    The Ninth Circuit zeroed in on timing Wednesday as a former Netflix worker pushed to keep her sexual harassment suit out of arbitration, appearing sympathetic to the streaming company's argument that her dispute began before a law banning mandatory arbitration for sexual harassment claims became effective.

  • February 04, 2026

    Coal Miner Accuses Colorado Energy Co. Of FLSA Violations

    A Kentucky coal miner accused a Colorado energy company in a proposed collective action Wednesday of violating the Fair Labor Standards Act by forcing employees to work more than an hour of overtime every workday without pay.

  • February 04, 2026

    Calif. Court Revives Walmart Worker's Background Check Suit

    California appellate justices Wednesday revived a Walmart employee's lawsuit alleging the retailer added extraneous consumer reporting agencies in a background check notice during her hiring process, finding she has standing since Walmart obscured the specific agency that provided the report and the ways she could contact the agency to fix errors.

  • February 04, 2026

    Ex-Fox News Host Decries Judge Pick's Arbitration Stance

    Gretchen Carlson, a former Fox News anchor and a leading advocate for ending forced arbitration of sexual harassment and assault in the workplace, has come out against a federal judicial nominee for Louisiana for her past comments on the issue.

  • February 04, 2026

    4th Circ. Backs Chicken Processor In Fired Worker's ADA Suit

    The Fourth Circuit declined Wednesday to reinstate a suit from a worker who said a chicken processor unlawfully terminated him after a shooting left him with lingering medical issues, saying he failed to show he could perform the key functions of his job.

  • February 04, 2026

    3rd Circ. Ponders Pa. Professor's Virtual Teaching Denial

    A Third Circuit panel on Wednesday quizzed attorneys in a case involving a Kutztown University professor who was denied remote teaching accommodations about if she should have expected in-person instruction to be an essential function of her position, despite the lack of a job description or written policy saying so.

  • February 04, 2026

    Migrant Workers' Notice Approved In H-2A Wage Suit

    A Louisiana federal judge authorized notice to be sent to H-2A sugar cane workers who may be owed unpaid overtime on Tuesday, allowing them to opt in to a proposed Fair Labor Standards Act collective action against two companies.

  • February 04, 2026

    United Says Pilot's Vax Accommodation Should End Dispute

    United Airlines has urged an Illinois federal judge to hand it a pretrial win over a pilot's accusation that the airline failed to properly handle his religious-based COVID-19 vaccination exemption request, arguing he received an accommodation that should be considered reasonable and defeat his claims.

  • February 04, 2026

    Pet Treat Maker, Ex-Workers Score OK For $975K Wage Deal

    An Illinois federal judge preliminarily approved a $975,000 settlement to resolve a proposed class and collective action alleging a pet product manufacturer failed to pay its employees for the time they spent putting on and removing personal protective equipment, according to a court filing.

  • February 04, 2026

    Educators Challenge DHS Presence At Minnesota Schools

    Two Minnesota school districts and the state's major teachers union are challenging the U.S. Department of Homeland Security's decision to remove its policy barring federal agencies from carrying out immigration enforcement actions near public schools, according to a complaint filed in Minnesota federal court Wednesday.

  • February 04, 2026

    Ex-DLA Piper Partner Aims To Toss Claim He Raped Associate

    Allegations that an ex-DLA Piper partner raped a former Boston-based associate in Delaware in 2022 should be tossed since the Massachusetts state court the case was filed in has no jurisdiction over the Delaware claim, according to the accused former partner.

  • February 04, 2026

    Fired Boston Staffer's Suit Trimmed As Mayor Ducks Claims

    A federal judge has dismissed most of a former Boston City Hall staffer's employment lawsuit, including claims accusing Mayor Michelle Wu of firing her to protect a cabinet official from sexual harassment allegations.

  • February 04, 2026

    5 Takeaways From 5th Circ.'s Limited Partner Tax Decision

    The Fifth Circuit has issued a long-awaited opinion holding that partners with limited liability under state law qualify for an exclusion from the self-employment tax, and the decision offers five notable takeaways that experts said may shed light on the potential fate of partnership taxation and compliance.

  • February 04, 2026

    Fertility Clinic Says Doctors Lured Staff To New Practice

    The owners of a Massachusetts fertility clinic say three doctors left to start their own practice and repeatedly violated a non-solicitation agreement to "raid" its staff, according to a complaint filed in state court.

  • February 04, 2026

    2 Killings Are Reshaping ICE Strategy. States Also Have Plans.

    The killings of Renee Good and Alex Pretti in Minneapolis in separate immigration enforcement episodes have become a fresh catalyst for state lawmakers who are moving on legislation to limit federal agents' tactics or deepen cooperation with them, despite looming constitutional fights over how far states can go.

  • February 04, 2026

    Restaurant Can't Include Morning Staff In Tip Pool, Court Says

    A steakhouse chain violated tip credit rules by including morning-shift employees in its tip pool even though they worked primarily while the restaurant was closed to guests, a Colorado federal judge has ruled, finding those workers were not "customarily and regularly tipped" because their customer interaction was minimal.

  • February 04, 2026

    Calif. Panel Won't Publish Amazon Drivers Arbitration Ruling

    A California appeals court will not publish its decision that last-mile deliveries Amazon workers performed represented interstate commerce exempt from federal arbitration, turning down requests to publish the opinion.

  • February 03, 2026

    XAI Fights Uphill To Keep Alive OpenAI IP Theft Suit

    Elon Musk's xAI urged a California federal judge Tuesday to change her tentative decision to toss its suit accusing OpenAI of poaching its workers to steal trade secrets, arguing that when considered together, the "whole gestalt" of xAI's allegations against individual employees is enough to state viable claims against OpenAI.

Expert Analysis

  • Series

    Fly-Fishing Makes Me A Better Lawyer

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    Much like skilled attorneys, the best anglers prize preparation, presentation and patience while respecting their adversaries — both human and trout, says Rob Braverman at Braverman Greenspun.

  • 4 Ways GCs Can Manage Growing Service Of Process Volume

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    As automation and arbitration increase the volume of legal filings, in-house counsel must build scalable service of process systems that strengthen corporate governance and manage risk in real time, says Paul Mathews at Corporation Service Co.

  • Series

    The Law Firm Merger Diaries: Forming Measurable Ties

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    Relationship-building should begin as early as possible in a law firm merger, as intentional pathways to bringing people together drive collaboration, positive client response, engagements and growth, says Amie Colby at Troutman.

  • Opinion

    US Cybersecurity Strategy Must Include Immigration Reform

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    Cyberthreats are escalating while the cybersecurity workforce remains constrained due to a lack of clear standards for national-interest determinations, processing backlogs affecting professionals who protect critical public systems and visa allocations that do not reflect real-world demands, says Rusten Hurd at Colombo & Hurd.

  • A Look At EEOC Actions In 2025 And What's Next

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    President Donald Trump issued several executive orders last year that reshaped policy at the U.S. Equal Employment Opportunity Commission, and with the administration now controlling a majority of the commission, the EEOC may align itself fully with orders addressing disparate impact and transgender issues, say attorneys at Jones Day.

  • 5 E-Discovery Predictions For 2026 And Beyond

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    2026 will likely be shaped by issues ranging from artificial intelligence regulatory turbulence to potential evidence rule changes, and e-discovery professionals will need to understand how to effectively guide the responsible and defensible adoption of emerging tools, while also ensuring effective safeguards, say attorneys at Littler.

  • Athlete's Countersuit Highlights Broader NIL Coverage Issues

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    Former University of Georgia football player Damon Wilson's countersuit against the university's athletic association over a name, image and likeness contract offers an early view into how NIL disputes — and the attendant coverage implications — may metastasize once institutions step fully into the role of contracting and enforcement parties, says Sarah Abrams at Baleen Specialty.

  • How Mamdani Will Shift NYC Employment Law Enforcement

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    Under Mayor Zohran Mamdani, the New York City labor law regime is poised to become more coordinated, less forgiving and more willing to test gray areas in favor of workers, with wage and hour practices, pay equity and contractor relationships among likely areas of enforcement focus, says Scott Green at Goldberg Segalla.

  • Series

    Judges On AI: How Courts Can Boost Access To Justice

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    Arizona Court of Appeals Judge Samuel A. Thumma writes that generative artificial intelligence tools offer a profound opportunity to enhance access to justice and engender public confidence in courts’ use of technology, and judges can seize this opportunity in five key ways.

  • Opinion

    DHS' Parole Termination Violates APA And Due Process

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    The U.S. Department of Homeland Security’s abrupt termination of family reunification parole programs violates both the Administrative Procedure Act and the due process rights of vetted beneficiaries who relied on the government's explicit invitation to wait in the U.S. for an immigrant visa to become available, says Abdoul Konare at Konare Law.

  • Examining Privilege In Dual-Purpose Workplace Investigations

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    The Sixth Circuit's recent holding in FirstEnergy's bribery probe ruling that attorney-client privilege applied to a dual-purpose workplace investigation because its primary purpose was obtaining legal advice highlights the uncertainty companies face as federal circuit courts remain split on the appropriate test, say attorneys at Proskauer.

  • Opinion

    The Case For Emulating, Not Dividing, The Ninth Circuit

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    Champions for improved judicial administration should reject the unfounded criticisms driving recent Senate proposals to divide the Ninth Circuit and instead seek to replicate the court's unique strengths and successes, says Ninth Circuit Judge J. Clifford Wallace.

  • 4 Ways 2026 Will Shift Corporate Compliance And Ethics

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    As we begin 2026, ethics and compliance functions are being reshaped by forces that go far beyond traditional regulatory risk, and there are key trends that will define the landscape, with success defined less by activity and volume, and more by impact, judgment and credibility, says Hui Chen at CDE Advisors.

  • How 11th Circ.'s Zafirov Decision Could Upend Qui Tam Cases

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    Oral argument before the Eleventh Circuit last month in U.S. ex rel. Zafirov v. Florida Medical Associates suggests that the court may affirm a lower court's opinion that the qui tam provisions of the False Claims Act are unconstitutional — which could wreak havoc on pending and future qui tam cases, say attorneys at Morgan Lewis.

  • Series

    Muay Thai Makes Me A Better Lawyer

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    Muay Thai kickboxing has taught me that in order to win, one must stick to one's game plan and adapt under pressure, just as when facing challenges by opposing counsel or judges, says Mark Schork at Feldman Shepherd.

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