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Employment
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April 21, 2025
CBS, Male Writer End Bias Suit Over Diversity Quotas
CBS Studios Inc. and its parent have agreed to end a lawsuit brought by a straight white male freelance writer who accused CBS of discriminating against him by repeatedly choosing to hire more diverse candidates for writer roles, according to a stipulation filed in California federal court Friday.
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April 21, 2025
Fired Claims Co. Exec Says Pay Bias Led To Her Ouster
A claims management company paid a former executive less than three of her male colleagues with the same work duties, then fired her after she filed a charge with the U.S. Equal Employment Opportunity Commission, she told a Georgia federal court.
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April 21, 2025
Sacramento State Prof Can Take Race Bias Claims To Trial
A California federal judge is sending race bias claims by a Black lecturer at Sacramento State University to trial, finding a jury needs to parse through his allegations that a colleague may have attempted to sabotage his application to a tenure-track role on the basis of discrimination.
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April 21, 2025
Davis Wright Brings On MoFo Employment Ace In Bay Area
Davis Wright Tremaine LLP announced Monday that the firm has fortified its employment class action group with a partner in San Francisco who came aboard from Morrison Foerster LLP.
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April 21, 2025
Va. City Says It Wasn't Employer Of Atty Bringing FMLA Suit
An attorney cannot sustain his lawsuit accusing the city of Martinsville, Virginia, of unlawfully firing him after he requested leave to care for his mother, the city told a federal court, saying it had no power to terminate him because it was not his employer.
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April 21, 2025
Justices Won't Review Welding Inspector's Contractor Status
The U.S. Supreme Court declined on Monday to review a Fifth Circuit decision finding a welding inspector was an independent contractor, not an employee, and therefore not entitled to Fair Labor Standards Act coverage.
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April 18, 2025
Ex-Katten Partner Hits Firm With $67M Age Bias Suit
A former Katten Muchin Rosenman LLP partner launched a $67 million discrimination lawsuit against his one-time firm in New York federal court, alleging he was pushed out of the aircraft-finance practice group, pressured to resign and then fired because of the firm CEO's "stereotyped views of lawyers in their 60s."
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April 18, 2025
11th Circ. Won't Revive ADA Suit Over Remote Work Firing
The Eleventh Circuit on Friday refused to revive a former call center director's Americans with Disabilities Act suit against a financial services company, holding that the company had legitimate reasons to fire her and reasonably accommodated her request to work from home due to her Crohn's disease during the COVID-19 pandemic.
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April 18, 2025
No Sanctions For Landscaping Co. In OT Suits, Judge Says
It's too soon to determine whether a landscaping company should be sanctioned for its attorneys' failure to produce accurate lists of its current and former employees in a class action alleging unpaid overtime, a Kansas federal judge said, saying both sides' attorneys need to meet.
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April 18, 2025
Trump Moves For More Power To Hire, Fire Federal Workers
The Office of Personnel Management on Friday proposed a rule that would give President Donald Trump's administration the power to hire and fire some 50,000 career federal employees, a move that federal worker unions say will allow the president "to replace qualified public servants with political cronies."
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April 18, 2025
Sunoco Accused Of Age Bias By Ex-Chief Counsel
A former chief counsel for Sunoco LP sued her ex-employer in Texas state court Wednesday, alleging she was denied promotional opportunities and later terminated due to her age, while also accusing the company of replacing attorneys older than 50 with significantly younger attorneys with less experience.
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April 18, 2025
Democratic AGs Say Trump Illegally Fired FTC Commissioners
Attorneys general from 20 states and the District of Columbia filed an amicus brief Friday in D.C. federal court backing two fired Democratic Federal Trade Commission members, writing that President Donald Trump's actions violate federal law prohibiting their removal except for cause.
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April 18, 2025
Employment Authority: Questions To Ask About AI Tools
Law360 Employment Authority covers the biggest employment cases and trends. Catch up this week with coverage on questions employers should consider before purchasing artificial intelligence tools, a look at how to avoid common overtime claims and the status of the Trump administration's vetting of National Labor Relations Board nominees.
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April 18, 2025
NBA's Suns Sued Again For Harassment, Toxic Workplace
A third former employee of the Phoenix Suns in a five-month span has accused the NBA franchise of discrimination, retaliation and a hostile workplace, with a Hispanic woman suing the Suns on Friday in Arizona federal court.
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April 18, 2025
DC Circ. Revives Fired Workers' Bias Suit Over Vax Policy
The D.C. Circuit on Friday revived claims by two Black employees of a union who allege they were disparately affected by a COVID-19 vaccination policy where more Black employees than white employees were fired if they didn't get vaccinated, saying their racial discrimination allegations regarding the policy "cross the line from conceivable to plausible."
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April 18, 2025
Charter Communications Ends Trade Secrets Suit With Ex-VP
Charter Communications Inc. has settled a trade secrets lawsuit it brought in Connecticut federal court against a former executive it accused of taking confidential information with him when he left for a job with Metronet, one of its competitors, according to a joint stipulation for dismissal.
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April 18, 2025
Ohio Health System Says It Didn't Cheat Workers On Time
Cleveland health system MetroHealth has asked a federal court in Ohio to toss a potential class action alleging a failure to properly pay workers overtime, telling the judge a nursing assistant had not proved the healthcare provider violated the Fair Labor Standards Act.
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April 18, 2025
3rd Circ. Won't Revive Norfolk Southern Conductor's ADA Suit
The Third Circuit refused Friday to reinstate a Norfolk Southern Railway Co. train conductor's suit alleging he was illegally suspended because of his history of seizures, saying the railroad's decision wasn't rooted in discrimination.
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April 18, 2025
Unions Score Injunction To Stop DOGE's Access To SSA Data
The Social Security Administration cannot give Elon Musk's Department of Government Efficiency access to personal data within the agency's system, a Maryland federal judge ruled, saying the government "cannot flout" federal privacy law while granting an injunction to unions and a retiree advocacy group.
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April 18, 2025
Del. House Bill Would Exempt Overtime Pay From Income Tax
Delaware would exempt eligible workers' overtime pay from state income tax under a bill introduced in the state House of Representatives.
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April 18, 2025
Philly Firm Leaders Form Employment, Civil Rights Boutique
Attorneys out of Philadelphia and New Jersey have merged their practices to start a new law firm focused on employment, criminal, civil rights and survivor's rights law, the partners announced earlier this week.
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April 18, 2025
Atty DQ'd In NJ Cosmetics Biz Dispute Over Privileged Docs
A New Jersey federal judge disqualified a Garden State attorney from representing a former executive of a South Korean cosmetics company in a contentious employment dispute with the business because the lawyer obtained privileged documents belonging to the company.
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April 18, 2025
Union Hits Kroger Chain With Counterclaim In Strike Suit
The Kroger-owned grocery chain King Soopers violated a poststrike agreement with a United Food & Commercial Workers local by pressuring the union to agree to a collective bargaining agreement by an arbitrary deadline, the union alleged in a counterclaim in the company's strike lawsuit against it in Colorado federal court.
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April 18, 2025
NJ Law Prof Given Chance To Amend Tossed Free Speech Suit
A New Jersey federal judge has declined a law professor's request to revive her free speech suit against Kean University over alleged controversial statements made in class, finding she failed to show errors in law in his dismissal, but left the door open for her to amend her complaint.
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April 18, 2025
Tesla Settles Black Production Worker's Race Bias Suit
Tesla has agreed to settle a Black former production worker's suit claiming she was called racist slurs on the job and retaliated against for complaining that the facility fostered a culture of discrimination, according to a California federal court filing.
Expert Analysis
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It Starts With Training: Anti-Harassment After 'It Ends With Us'
Actress Blake Lively's recent sexual harassment and retaliation allegations against her "It Ends With Us" co-star, director and producer, Justin Baldoni, should remind employers of their legal obligations to implement trainings, policies and other measures to prevent sexual harassment in the workplace, say attorneys at Morrison Cohen.
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Opinion
New DOJ Leaders Should Curb Ill-Conceived Prosecutions
First-of-their-kind cases have seemingly led to a string of overly aggressive prosecutions in recent years, so newly sworn-in leaders of the U.S. Department of Justice should consider creating reporting channels to stop unwise prosecutions before they snowball, says Jonathan Porter at Husch Blackwell.
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Tips For Pharma-Biotech Overlap Reporting In New HSR Form
While there’s no secret recipe for reporting overlaps to the Federal Trade Commission in the new Hart-Scott-Rodino Act form, there are several layers of considerations for all pharma-biotech companies and counsel to reflect on internally before reporting on any deal, say attorneys at A&O Shearman.
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Opinion
Judge Should Not Have Been Reprimanded For Alito Essay
Senior U.S. District Judge Michael Ponsor's New York Times essay critiquing Supreme Court Justice Samuel Alito for potential ethical violations absolutely cannot be construed as conduct prejudicial to the administration of the business of the courts, says Ashley London at the Thomas R. Kline School of Law of Duquesne University.
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What Justices' FLSA Ruling Means For 2-Step Collective Cert.
The U.S. Supreme Court's recent decision in EMD Sales v. Carrera may have sounded the death knell for the decades-old two-step process to certify collective actions under the Fair Labor Standards Act, which could lead more circuits to require a preponderance of the evidence showing that members are similarly situated, says Steven Katz at Constangy.
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What Day 1 Bondi Memos Mean For Corporate Compliance
After Attorney General Pam Bondi’s flurry of memos last week declaring new enforcement priorities on issues ranging from foreign bribery to diversity initiatives, companies must base their compliance programs on an understanding of their own core values and principles, says Hui Chen at CDE Advisors.
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Lights, Camera, Ethics? TV Lawyers Tend To Set Bad Example
Though fictional movies and television shows portraying lawyers are fun to watch, Hollywood’s inaccurate depictions of legal ethics can desensitize attorneys to ethics violations and lead real-life clients to believe that good lawyers take a scorched-earth approach, says Nancy Rapoport at the University of Nevada, Las Vegas.
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What Employers Should Know For Next Round Of H-1B Filings
With the fiscal year 2026 H-1B visa period opening soon, employers should brush up on the registration and filing procedures, as well as organize applicable data, to ensure they are ready for this dynamic, multistep process, say attorneys at Morgan Lewis.
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Ga. Tech Case Shows DOJ Focus On Higher Ed Cybersecurity
The Justice Department’s ongoing case against the Georgia Institute of Technology demonstrates how many colleges and universities may be unwittingly exposed to myriad cybersecurity requirements that, if not followed, could lead to False Claims Act liability, say attorneys at Woods Rogers.
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5 Things For Private Employers To Do After Trump's DEI Order
Following President Donald Trump's recent executive order pushing the private sector to narrow, and even end, diversity, equity and inclusion initiatives, employers should ensure DEI efforts align with their organization's mission and goals, are legally compliant, and are effectively communicated to stakeholders, say attorneys at Mintz.
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Will 4th Time Be A Charm For NY's 21st Century Antitrust Act?
New York's recently introduced 21st Century Antitrust Act would change the landscape of antitrust enforcement in the state and probably result in a sharp increase in claims — but first, the bill needs to gain traction after three aborted attempts, says Tyler Ross at Shinder Cantor.
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Perspectives
Accountant-Owned Law Firms Could Blur Ethical Lines
KPMG’s recent application to open a legal practice in Arizona represents the first overture by an accounting firm to take advantage of the state’s relaxed law firm ownership rules, but enforcing and supervising the practice of law by nonattorneys could prove particularly challenging, says Seth Laver at Goldberg Segalla.
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Zuckerberg's Remarks Pose Legal Risk For Meta Amid Layoffs
Within days of announcing that Meta Platforms will cut 5% of its lowest-performing employees, Mark Zuckerberg remarked that corporations are becoming "culturally neutered" and need to bring back "masculine energy," exposing the company to potential claims under California employment law, says Andi Mazingo at Lumen Law Center.
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AI Will Soon Transform The E-Discovery Industrial Complex
Todd Itami at Covington discusses how generative artificial intelligence will reshape the current e-discovery paradigm, replacing the blunt instrument of data handling with a laser scalpel of fully integrated enterprise solutions — after first making e-discovery processes technically and legally harder.
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When Innovation Overwhelms The Rule Of Law
In an era where technology is rapidly evolving and artificial intelligence is seemingly everywhere, it’s worth asking if the law — both substantive precedent and procedural rules — can keep up with the light speed of innovation, says Reuben Guttman at Guttman Buschner.