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Employment
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August 06, 2025
6th Circ. Orders Redo Of Pension Fund Withdrawal Liability
The Sixth Circuit on Wednesday said a pension fund's actuary must redo his estimate of a Michigan-based paving company's withdrawal liability, likening the actuary to an oddsmaker giving a bad estimate of how many points a college basketball team will give up in a game because he is "just rude."
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August 06, 2025
Colo. Judge Tosses Kroger Chain's Claims Against Union
A Colorado federal judge threw out a suit by a Kroger-owned grocery chain against a United Food and Commercial Workers local on Wednesday, finding the company didn't plausibly allege the union committed coercion when it called a strike.
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August 06, 2025
Ex-WBZ Anchor Files $4M Race Suit Against CBS, Paramount
Paramount, CBS and its Boston affiliate station WBZ-TV face a $4 million lawsuit in Massachusetts federal court from a former WBZ morning anchor who alleges the defendants discriminated against her as a white woman and demoted her following an inadequate investigation into complaints by colleagues who accused her of racism.
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August 06, 2025
WilmerHale Beats Fired Associate's Racial Bias Claims
A Manhattan judge Wednesday threw out a former WilmerHale senior associate's lawsuit alleging he was unfairly evaluated and eventually fired because he is Black, finding that the complaint doesn't plausibly allege discriminatory comments were made about his race or that employees of other races were treated better.
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August 06, 2025
Accounting Firm Must Face Ex-Credit Union CEO's Firing Suit
The largest accounting firm in Connecticut, Whittlesey PC, must face the former CEO of Sound Federal Credit Union's claim that he was fired for following the firm's advice on when to calendar gains from a $1.2 million property sale, a Connecticut trial court judge has ruled.
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August 06, 2025
American Snags Win In Flight Attendant's Wage Suit In NY
American Airlines' compensation method splitting flight attendants' pay in two didn't violate New York Labor Law's wage statement and late-payment requirements, a federal judge ruled, finding that a flight attendant didn't show the pay plan caused him harm.
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August 06, 2025
Judge Questions USDA's Climate Grant Cuts
A D.C. federal judge grilled an attorney for the federal government over why the U.S. Department of Agriculture's climate-focused grants for farmers and food nonprofits were rescinded en masse when they seemingly aligned with the program, but also told recipients that she won't be "rearranging" the agency's priorities.
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August 06, 2025
Detroit Tigers Settle Ex-Vice President's Age, Race Bias Suit
The Detroit Tigers settled an age and race bias lawsuit brought by one of its former vice presidents in Michigan federal court Wednesday, closing the door on more than two years of pointed litigation.
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August 06, 2025
7th Circ. Adopts Flexible Standard For Collective Actions
The Seventh Circuit in a discrimination case against Eli Lilly & Co. laid out a new standard for certifying collective actions, joining the Fifth and Sixth circuits in departing from a two-step analysis courts had used for decades but taking a more middle-of-the-road approach.
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August 06, 2025
7th Circ. Revives Ex-Teacher's Suit Over Trans Student Names
A split Seventh Circuit panel reinstated a religious bias suit from a Christian teacher who alleged that a school district unlawfully required him to refer to transgender students by their preferred names, with a dissent warning that the ruling created a "perilous precedent" for employers.
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August 06, 2025
Steakhouse Can't Shake Certified Class In Conn. Wage Suit
A class of tipped servers accusing a steakhouse at the Foxwoods Resort Casino of unpaid wages will stay in place, a Connecticut state judge ruled, saying that the employer overplayed a court's earlier decision finding that the workers didn't perform nonservice tasks.
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August 06, 2025
Flint Will Pay $225K To End Ex-Fire Chief's Firing Suit
The city of Flint has reached a $225,000 settlement with a former fire chief who has alleged he was fired for refusing to claw back his public recommendation to terminate firefighters for their alleged racist misconduct at a house fire, and the city council is poised to review the agreement at its August meeting.
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August 06, 2025
Amazon IT Unit Accused Of Ousting 'Old, White, Bald Guys'
A 61-year-old Massachusetts man who worked in information technology sales for Amazon Web Services says he was wrongfully terminated last year as part of an alleged companywide campaign to push out older workers.
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August 06, 2025
10th Circ. Partly Revives Ex-Sales Head's Client List Case
A split panel of the Tenth Circuit partially revived a case from a sales executive against his former employer who claims the company took a customer list, saying the executive had improperly been barred from offering expert testimony on his lost wages.
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August 06, 2025
LA Seeks To Nix Attys In Ex-Cop's Military Leave Bias Suit
Attorneys for a former Los Angeles Police Department lieutenant improperly obtained and tried to use a privileged email between a city attorney and a current LAPD lieutenant in a military bias suit, the city said, urging a California federal court to disqualify them from the case.
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August 05, 2025
5th Circ. Wipes Out Honeywell Win In Worker's Vaccine Fight
The Fifth Circuit on Tuesday resurrected a former Honeywell employee's suit claiming he was fired for refusing to get the COVID-19 vaccine after his request for a religious exemption was denied, ruling that a jury could indeed determine that the worker faced religious discrimination.
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August 05, 2025
Grocery Chain Ralphs Wins $7M Employment Bias Trial
A California jury cleared Kroger-owned Ralphs Grocery Co. of liability in a Muslim worker's $7 million bias suit after hearing that the worker simply refused to use the scheduling software to keep his Saturdays free for religious activities and that he had been suspended multiple times for insubordination.
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August 05, 2025
Biz Prof's Pay Based On Experience, Not Bias, 6th Circ. Told
Michigan Technological University told the Sixth Circuit on Monday that a former accounting professor was paid less than her husband because he had more teaching experience and better evaluations, urging the court to reject her appeal challenging the dismissal of pay disparity claims and racial or gender discrimination.
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August 05, 2025
Fired NCUA Officials Urge DC Circ. To Return Them To Board
Two top credit union regulators fired by President Donald Trump are asking the D.C. Circuit to let them go back to work while it reviews a lower-court decision reinstating them, arguing their service is needed to prevent a painful impending snapback in interest-rate limits for federal credit unions.
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August 05, 2025
Food Co. Can't Exit Suit By Vendor Worker With Severe Burns
A South Carolina federal judge refused Tuesday to toss a suit seeking to hold Sauer Brands liable for severe chemical burns suffered by an EcoLab worker who was servicing machinery at a food plant, saying workers' compensation immunity doesn't apply.
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August 05, 2025
Foreign Service Union Seeks Early Win In State Dept. EO Case
A union representing thousands of foreign service workers called on a D.C. federal judge to determine that President Donald Trump went too far with an executive order gutting collective bargaining rights for federal workers, alleging the directive violates the First Amendment.
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August 05, 2025
Judge Says Colo. Corrections Dept. Must Face OT Pay Claims
A Colorado federal judge on Tuesday rejected the state Department of Corrections' bid for summary judgment in a proposed collective action accusing the agency of neglecting to pay criminal investigators for hours spent on call.
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August 05, 2025
Thousands Of Coaches Noticed For NCAA Wage Suit
Attorneys spearheading an antitrust class action in California federal court targeting NCAA rules that allegedly suppressed wages of "volunteer coaches" are casting a wide net to publicize their case, sending notices to thousands of current and former coaches informing them they may stand to profit.
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August 05, 2025
Reporter Drops Suit Over CBS Station's Gaza Coverage
A Palestinian Arab-American television journalist has ended his lawsuit claiming a CBS News Detroit station fired him because of his complaints that the station favored Israeli perspectives in its coverage of the Israel-Hamas war.
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August 05, 2025
Ex-Patent Examiner Fights USPTO Exclusion At High Court
A former U.S. Patent and Trademark Office examiner wants the U.S. Supreme Court to review his exclusion from practicing before the agency, saying the justices should look at issues relating to a suspension he received and also federal civil rights protections.
Expert Analysis
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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.
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What Cos. Must Note From EU's Delivery Hero-Glovo Ruling
The European Commission’s recent landmark decision in Delivery Hero-Glovo, sanctioning companies for the first time over a stand-alone no-poach cartel agreement, underscores the potential antitrust risks of horizontal cross-ownership between competitors, say lawyers at McDermott.
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3rd Circ. Bias Ruling Offers Safety Policy Exception Lessons
The Third Circuit's decision in Smith v. City of Atlantic City, partially reinstating a religious bias suit over a policy requiring firefighters to be clean-shaven, cautions employers on the legal risk of including practical or discretionary exceptions in safety procedures, say Joseph Quinn and Mark Schaeffer at Cozen O'Connor.
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Managing Risks As State AGs Seek To Fill Enforcement Gap
Given an unprecedented surge in state attorney general activity resulting from significant shifts in federal enforcement priorities, companies must consider tailored strategies for navigating the ever-evolving risk landscape, say attorneys at Cozen O'Connor.
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Series
Law School's Missed Lessons: Skillful Persuasion
In many ways, law school teaches us how to argue, but when the ultimate goal is to get your client what they want, being persuasive through preparation and humility is the more likely key to success, says Michael Friedland at Friedland Cianfrani.
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A Look At Trump 2.0 Antitrust Enforcement So Far
The first six months of President Donald Trump's second administration were marked by aggressive antitrust enforcement tempered by traditional structural remedies for mergers, but other unprecedented actions, like the firing of Federal Trade Commission Democrats, will likely stoke heated discussion ahead, says Richard Dagen at Axinn.
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How NY Appeals Ruling Alters Employers' Sex Abuse Liability
In Nellenback v. Madison County, the New York Court of Appeals arguably reset the evidentiary threshold in sexual abuse cases involving employer liability, countering lower court decisions that allowed evidence of the length of the undiscovered abuse to substitute as notice of an employee's dangerous propensity, say attorneys at Hurwitz Fine.
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Litigation Inspiration: How To Respond After A Loss
Every litigator loses a case now and then, and the sting of that loss can become a medicine that strengthens or a poison that corrodes, depending on how the attorney responds, says Bennett Rawicki at Hilgers Graben.
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FDA's Hasty Policymaking Approach Faces APA Challenges
Though the U.S. Food and Drug Administration has abandoned its usual notice-and-comment process for implementing new regulatory initiatives, two recent district court decisions make clear that these programs are still susceptible to Administrative Procedure Act challenges, says Rachel Turow at Skadden.
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Wash. Law Highlights Debate Over Unemployment For Strikers
A new Washington state law that will allow strikers to receive unemployment benefits during work stoppages raises questions about whether such laws subsidize disruptions to the economy or whether they are preempted by federal labor law, says Daniel Johns at Cozen O'Connor.
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The Metamorphosis Of The Major Questions Doctrine
The so-called major questions doctrine arose as a counterweight to Chevron deference over the past few decades, but invocations of the doctrine have persisted in the year since Chevron was overturned, suggesting it still has a role to play in reining in agency overreach, say attorneys at Crowell & Moring.
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A Rapidly Evolving Landscape For Noncompetes In Healthcare
A wave of new state laws regulating noncompete agreements in the healthcare sector, varying in scope, approach and enforceability, are shaped by several factors unique to the industry and are likely to distort the market, say attorneys at Seyfarth.
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Protecting Workers Amid High Court-EEOC Trans Rights Rift
In Ames v. Ohio Department of Youth Services and U.S. v. Skrmetti, the U.S. Supreme Court clarified that Title VII protects employees from discrimination based on sexual orientation and gender identity, so employers should still protect against such discrimination despite the U.S. Equal Employment Opportunity Commission's unclear position, says Ally Coll at the Purple Method.
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Arguing The 8th Amendment For Reduction In FCA Penalties
While False Claims Act decisions lack consistency in how high the judgment-to-damages ratio in such cases can be before it becomes unconstitutional, defense counsel should cite the Eighth Amendment's excessive fines clause in pre-trial settlement negotiations, and seek penalty decreases in post-judgment motions and on appeal, says Scott Grubman at Chilivis Grubman.