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Employment
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July 10, 2025
Black Worker Claims Bias At Nuclear Safety Organization
A nuclear power safety organization repeatedly promoted white men rather than a more qualified Black woman, the worker told a Georgia federal court Thursday, claiming the group has endeavored for years to keep Black employees out of leadership positions.
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July 10, 2025
Unions Defend Block On DOGE's Social Security Data Access
The full Fourth Circuit should affirm a Maryland federal judge's decision to block the White House's Department of Government Efficiency from accessing Social Security Administration data, two unions and a retirees' advocacy group argued, saying that dissolving the injunction would violate their members' right to privacy.
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July 10, 2025
DHS Official Walks Back Testimony On Deportation Leads
A U.S. Department of Homeland Security official testified in Massachusetts federal court on Thursday that he was only "speculating" when he said during a deposition last month that the offices of border czar Tom Homan and U.S. Homeland Security Secretary Kristi Noem were behind a decision to use pro-Israel websites to source leads on potential deportation targets.
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July 10, 2025
Samsung Accused Of Retaliating Against Pregnant NJ Worker
A former senior product manager has filed a pregnancy discrimination lawsuit in New Jersey state court against Samsung Electronics America Inc. and the staffing agency cyberThink Inc., alleging she was unlawfully terminated shortly after disclosing her pregnancy and requesting modest workplace accommodations.
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July 10, 2025
House Dem Says FCC Must Follow Law On DEI Probes
A House Democrat who helps oversee the Federal Communications Commission says agency chief Brendan Carr must avoid any hint of targeting companies' diversity initiatives for political reasons rather than legal rationale against discrimination.
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July 10, 2025
Fla. High Court Revives Ex-Steak 'N Shake Worker's Bias Suit
The Florida Supreme Court backed the reinstatement Thursday of an ex-Steak 'n Shake worker's disability bias suit claiming he was fired after suffering a back injury, ruling he didn't need to invoke the state's civil rights law in his presuit bias charge to pursue his claims in court.
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July 10, 2025
Brookdale's $1.9M Deal Ends Investor Suit On Understaffing
An investor in retirement home operator Brookdale Senior Living Inc. has gotten a final nod for a deal settling her understaffing claims against the company's executives and directors in exchange for corporate reforms and fees and expenses totaling $1.9 million for her legal team.
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July 10, 2025
8th Circ. Backs EEOC Win In Deaf Bias Row With Trucking Co.
The Eighth Circuit declined on Thursday to upend decisions in favor of the U.S. Equal Employment Opportunity Commission in its lawsuit accusing a trucking company of refusing to hire a driver because he's deaf, rejecting the employer's argument that the applicant wasn't qualified for the job.
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July 10, 2025
Ga. Sheriff Fired Deputy For Supporting Rival, Suit Says
Fulton County, Georgia, its sheriff's office and its sheriff have been sued in federal court by a former sheriff's office employee who alleged he was fired because he supported the sheriff's political opponent in the 2024 election.
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July 10, 2025
11th Circ. Keeps County Win In Prison Promotion Bias Row
The Eleventh Circuit kept intact a Georgia district court's decision to toss a county prison counselor's suit claiming she was passed over for promotion because of her gender, ruling Thursday that she lacked evidence to support a discrimination claim.
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July 10, 2025
6th Circ. Sinks Ex-Christian School Dean's Racial Bias Claims
A Christian school's onetime dean of students cannot have his dismissed race and sex discrimination lawsuit revived because his former position falls under a ministerial exception that bars employment claims, the Sixth Circuit has found.
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July 10, 2025
Veteran In-House Atty Heads McAllister Olivarius' US Practice
A former general counsel at PepsiCo and GE is now head of the U.S. practice at McAllister Olivarius, bringing decades of in-house experience to the British-American firm that represents survivors of sexual abuse, harassment and discrimination, according to an announcement.
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July 10, 2025
5 Employee Benefits Takeaways On The GOP Tax Bill
Congressional Republicans' sweeping tax and policy bill, which President Donald Trump sought and then signed, contains multiple provisions that caught the attention of employee benefits and executive compensation attorneys, including new changes to high-deductible health plans and an employer-side deduction limit affecting highly compensated employees. Here are five takeaways from employee benefits and executive compensation attorneys on what's in — and out of — the GOP megabill.
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July 10, 2025
Nutter Atty Promoted To Firm's GC Role
Nutter McClennen & Fish LLP has picked its assistant firm counsel, who previously worked at Ropes & Gray LLP, as its new general counsel, the firm announced.
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July 10, 2025
Nursing Home Operator Faces Meal Break Suit In Pa.
A rehabilitation and nursing home operator automatically deducted 30-minute unpaid meal breaks from workers' time even though they were unable to take the breaks in full, a former employee for the company said in a proposed class action in Pennsylvania state court.
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July 10, 2025
Publix Pushed For Off-Clock Work, Underpaid OT, Suit Says
Grocery chain Publix pressured a department manager to work off-the-clock to bolster store profits and shorted him on overtime by failing to incorporate bonus pay into its time-and-a-half calculations of his hourly rate, the worker said in a suit filed in Georgia federal court.
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July 10, 2025
Mining Co. Fails To Pay For Preshift Work, Suit Says
A mining company fails to pay workers for necessary preshift tasks such as donning protective equipment and improperly calculates their overtime wages, a proposed class action filed in Colorado state court said.
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July 10, 2025
Ex-Executive Of Cannabis Co. Ascend Alleges Wrongful Firing
A former executive at New York cannabis company Ascend Wellness Holdings Inc. claims the company cheated him out of $400,000 in unpaid wages, stock payouts, and medical and dental coverage owed to him after it unceremoniously fired him, according to a lawsuit.
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July 09, 2025
California Court Allows Worker To Pursue 'Headless' PAGA Suit
A California appeals court panel held Monday that a worker who dismissed his individual claims against his former employer for civil penalties under California's Private Attorneys General Act can still pursue claims solely on behalf of other aggrieved employees in a so-called headless PAGA action.
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July 09, 2025
Former Josh Wine Exec Sues Over Soured Buyout Deal
The former president of the wine and spirits company that owns multibillion-dollar brand Josh Cellars has filed suit in New York state court, claiming the family-run enterprise has withheld millions in royalty payments that he was due after his employment contract expired, exposing "the dark underbelly of the adage that blood is thicker than water."
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July 09, 2025
NJ Panel Revives Doctor's Fight Against Noncompete Clause
A New Jersey appellate panel revived on Wednesday a physician's lawsuit challenging the enforceability of a restrictive covenant in his employment contract, ruling that the lower court prematurely dismissed the case without resolving key factual disputes.
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July 09, 2025
4 More Players Follow Vanderbilt QB, Sue NCAA To Play
A Tennessee federal judge on Wednesday scheduled a hearing for July 16 on a bid by four college football players — including two potential future teammates of Vanderbilt University quarterback Diego Pavia — to be allowed to play next season despite the NCAA's five-year rule for eligibility.
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July 09, 2025
Dispensary Workers Who Ousted Union Can't Have New Vote
Workers at a Salt Lake City cannabis dispensary can't vote on representation by a Teamsters local, a National Labor Relations Board regional director determined, saying federal labor law blocks an election with a subunit of workers who participated in a decertification vote within the last year.
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July 09, 2025
Walgreens Judge OKs $950K Uniform Policy Deal On 2nd Try
More than 12,000 Walgreens employees have received preliminary approval of a $950,000 class action settlement over claims of unreimbursed uniform expenses, after a California federal judge said the parties had resolved deficiencies he previously cited, including an opt-out timeframe and the chance for class members to challenge proposed attorney fees.
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July 09, 2025
Red Cross Vax Refuser Decries Firing Over Religious Beliefs
A former nurse for the American Red Cross suffered physically and economically after she was fired from the organization for not receiving the COVID-19 vaccine, counsel for the nurse told a Detroit federal jury Wednesday, arguing that, in the United States, the Red Cross should not be the arbiter of sincerely held religious beliefs.
Expert Analysis
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What To Know About Restrictions On Former Federal Workers
Excerpt from Practical Guidance
Amid reductions to the federal workforce, agency counsel should be mindful that workers who are leaving government employment will still be covered by federal ethics restrictions upon their departure, including recusal requirements and temporary and permanent bans, says Rex Iacurci at LexisNexis.
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Series
Adapting To Private Practice: From DOJ Leadership To BigLaw
The move from government service to private practice can feel like changing one’s identity, but as someone who has left the U.S. Department of Justice twice, I’ve learned that a successful transition requires patience, effort and the realization that the rewards of practicing law don’t come from one particular position, says Richard Donoghue at Pillsbury.
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In-House Expert Testimony Is Tricky, But Worth Considering
Litigation counsel often reject the notion of designating in-house personnel to provide expert opinion testimony at trial, but dismissing them outright can result in a significant missed opportunity, say David Ben-Meir at Ben-Meir Law and Martin Pitha at Lillis Pitha.
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Issues To Watch At ABA's Antitrust Spring Meeting
Attorneys at Freshfields consider the future of antitrust law and competition enforcement amid agency leadership changes and other emerging developments likely to dominate discussion at the American Bar Association's Antitrust Spring Meeting this week.
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Tracking Changes To AI Evidence Under Federal Rules
As the first quarter of 2025 draws to a close, important changes to the Federal Rules of Evidence regarding the use of artificial intelligence in the courtroom are on the horizon, including how to handle evidence that is a product of machine learning, say attorneys at Debevoise.
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Navigating The Use Of AI Tools In Workplace Investigations
Excerpt from Practical Guidance
Artificial intelligence tools can be used in workplace investigations to analyze evidence and conduct interviews, among other things, but employers should be aware of the legal and practical risks, including data privacy concerns and the potential for violating antidiscrimination laws, say attorneys at Fisher Phillips.
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Law Firm Executive Orders Create A Legal Ethics Minefield
Recent executive orders targeting BigLaw firms create ethical dilemmas — and raise the specter of civil or criminal liability — for the government attorneys tasked with implementing them and for the law firms that choose to make agreements with the administration, say attorneys at Buchalter.
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NLRB Firing May Need Justices' Input On Removal Power
President Donald Trump's unprecedented removal of National Labor Relations Board member Gwynne Wilcox spurred a lawsuit that is sure to be closely watched, as it may cause the U.S. Supreme Court to reexamine a 1935 precedent that has limited the president's removal powers, say attorneys at Kelley Drye.
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Trade Policy Shifts Raise Hurdles For Gov't And Cos. Alike
The persistent tension between the Trump administration's fast-moving and aggressive trade policies and the compliance-heavy nature of the trade industry creates implementation challenges for both the business community and the government, says Sara Schoenfeld at Kamerman.
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Firms Must Embrace Alternative Billing Models Or Fall Behind
As artificial intelligence tools eliminate inefficiencies and the Big Four accounting firms enter the legal market, law firms that pivot from the entrenched billable hour model to outcomes-based pricing will see a distinct competitive advantage, says attorney William Brewer.
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How Attorneys Can Master The Art Of On-Camera Presence
As attorneys are increasingly presented with on-camera opportunities, they can adapt their traditional legal skills for video contexts — such as virtual client meetings, marketing content or media interviews — by understanding the medium and making intentional adjustments, says Kerry Barrett.
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Series
Baseball Fantasy Camp Makes Me A Better Lawyer
With six baseball fantasy experiences under my belt, I've learned time and again that I didn't make the wrong career choice, but I've also learned that baseball lessons are life lessons, and I'm a better lawyer for my time at St. Louis Cardinals fantasy camp, says Scott Felder at Wiley.
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DOJ Immigration Playbook May Take Cues From A 2017 Case
A record criminal resolution with a tree trimming company accused of knowingly employing unauthorized workers in 2017 may provide clues as to how the U.S. Department of Justice’s immigration crackdown will touch American companies, which should prepare now for potential enforcement actions, says Jonathan Porter at Husch Blackwell.
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Series
Adapting To Private Practice: From Fed. Prosecutor To BigLaw
Making the jump from government to private practice is no small feat, but, based on my experience transitioning to a business-driven environment after 15 years as an assistant U.S. attorney, it can be incredibly rewarding and help you become a more versatile lawyer, says Michael Beckwith at Dickinson Wright.
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How Justices Rule On Straight Bias May Shift Worker Suits
Following oral argument at the U.S. Supreme Court in Ames v. Ohio Department of Youth Services, in which a heterosexual woman sued her employer for sexual orientation discrimination, the forthcoming decision may create a perfect storm for employers amid recent attacks on diversity, equity and inclusion, say attorneys at Proskauer.