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Employment
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June 16, 2025
Delta Denied OT To Worker Juggling 2 Roles, Court Told
Delta Air Lines and a staffing firm failed to pay a worker overtime wages despite expecting her to fulfill the duties of two full-time positions and work more than 40 hours per week, she said in a complaint in Georgia federal court.
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June 16, 2025
High Court Won't Revisit Landmark Religious Freedom Ruling
The U.S. Supreme Court vacated and remanded a case from a Roman Catholic diocese in New York on Monday, bypassing for now the chance to overturn a landmark ruling that restricts First Amendment religious freedom challenges.
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June 13, 2025
7th Circ. Won't Revive RICO Claims Against Blood Test Co.
A group of pilots and other people required to undergo alcohol screening for their employment cannot pursue their Racketeer Influenced and Corrupt Organization Act claims against a drug testing company, the Seventh Circuit ruled Friday after finding that the complaint doesn't adequately tie the plaintiffs' injuries to the alleged fraudulent scheme.
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June 13, 2025
State Dept. Layoffs Still Violate Injunction, Judge Says
A California federal judge said Friday that planned staff reductions at the State Department would violate her injunction blocking President Donald Trump's executive order directing layoffs at federal agencies, saying she's not persuaded by the government's assertion that the department's reorganization was underway before the order.
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June 13, 2025
Stewart Releases Flood Of Discretionary Denial Decisions
The acting U.S. Patent and Trademark Office director issued more than a dozen discretionary denial decisions on Thursday and Friday, where she ruled largely in favor of the challenger, made clear that challenges to young patents have a huge advantage and brought in a denial based on assignor estoppel.
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June 13, 2025
DC Circ. Knocks NLRB For 'Irrational' Impasse Analysis
The D.C. Circuit on Friday rejected the National Labor Relations Board's conclusions that a quarry operator unlawfully threatened to stop contributions to a pension fund for unionized workers, finding the board's "legal analysis is irrational" about whether the parties were at an impasse.
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June 13, 2025
Trump Can't Pause Reinstating FLRA Chair Pending Appeal
A Washington, D.C., federal judge on Friday rejected the Trump administration's request to pause an order requiring the Democratic chair of the Federal Labor Relations Authority's reinstatement, finding the government's request is belated and that a recent U.S. Supreme Court ruling doesn't necessarily support the stay.
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June 13, 2025
4th Circ. Affirms Toss Of Contractor's ULP Suit Against Union
The Fourth Circuit affirmed the dismissal of a Maryland mechanical contractor's lawsuit against a Sheet Metal Air Rail & Transportation Workers local on Friday, ruling that the union's alleged smear campaign against the company didn't rise to the level of an unfair labor practice under the National Labor Relations Act.
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June 13, 2025
Jefferson Health Hit With Disability Bias Suit By Ex-Director
A longtime Thomas Jefferson University Hospital employee filed a retaliation suit in New Jersey state court Wednesday alleging she was ousted from her job for taking sick time and blowing the whistle about what she considered to be improper vendor relationships and language in a grant application.
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June 13, 2025
Fired CSX Worker Says FMLA Claims Are Timely
A former CSX Transportation Inc. employee's suit claiming he was fired for taking leave under the Family and Medical Leave Act were on pause while a similar class action was being litigated, he told a Florida federal judge Friday, urging the court to reject the transport company's dismissal bid.
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June 13, 2025
Employment Authority: How Bias Audits Can Quell DEI Fights
Law360 Employment Authority covers the biggest employment cases and trends. Catch up this week with coverage on how employers can audit their diversity programs to ensure they don't raise concerns of bias, why unions are backing a California bill requiring self-driving delivery vehicles to have human help and how the rollback of Washington, D.C.'s tip credit saw a recent setback.
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June 13, 2025
Casino Workers Say Mich. Tribe Can't Exit Data Breach Suit
A group of casino employees are fighting a motion in Michigan federal court by the Sault Ste. Marie Tribe of Chippewa Indians to throw out a proposed class action involving a data breach, arguing that tribal sovereign immunity does not bar the lawsuit.
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June 13, 2025
Trump's Firing Of CPSC Commissioners Ruled Illegal
A Maryland judge ruled Friday that the removal of three U.S. Consumer Product Safety Commission commissioners by President Donald Trump was unlawful, finding a 1935 U.S. Supreme Court ruling that protected a Federal Trade Commission member from removal applies to the members of the CPSC.
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June 13, 2025
PwC Can't Get Sex Harassment Suit Kicked To Arbitration
A New York federal judge declined to toss a former PricewaterhouseCoopers LLP principal's lawsuit alleging male colleagues berated her and took credit for her work before forcing her out, ruling a law curbing mandatory arbitration covered claims that she was mistreated because of her gender.
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June 13, 2025
3 Firms Get Early Lead Roles In Daedong Data Breach Claims
A North Carolina federal judge handed three plaintiffs firms interim lead counsel roles in a proposed class seeking to hold tractor manufacturer Daedong-USA Inc. accountable for a data breach, while also agreeing to consolidate the three suits.
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June 13, 2025
'Outcry' Led To Workers' Comp Change, Conn. Attys Told
A Connecticut Supreme Court ruling that empowered administrative law judges to award ongoing disability benefits created such an outcry that lawmakers intervened in order to cap the costs for entities that would shoulder those bills, attorneys at the state bar association's annual conference heard Friday.
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June 13, 2025
Pa. Court Faults Agency For Rebuffing Late Child-Death Filing
Pennsylvania's labor regulator should have at least considered accepting a business's late submission of a response to accusations of child labor stemming from a fatal accident with a wood chipper, a state appellate panel ruled Friday in an opinion that clarified when to make exceptions to agency filing deadlines.
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June 13, 2025
Former NJ Deputy AG Claims Office Fired Him For His ADHD
A former deputy attorney general who worked on environmental cases for New Jersey accused the state of retaliating against him when he sought accommodations for attention deficit hyperactivity disorder and later terminated him for his disability.
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June 13, 2025
Workers At Immigration Agency Contractor OK For Union Vote
The employees of a Lee's Summit, Missouri, office that helps U.S. Citizenship and Immigration Services process benefit applications can vote on union representation, a National Labor Relations Board official said, rejecting the employer's argument that the union should also include employees of its Overland Park, Kansas, office.
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June 13, 2025
Oregon Takes Cannabis Labor Peace Row To 9th Circ.
Oregon officials will appeal a federal judge's order barring enforcement of a voter-approved law that required licensed cannabis businesses to enter into labor peace pacts with their workers.
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June 13, 2025
Ex-Defender Urges 4th Circ. To 'Fortify' Workplace Protections
A former assistant public defender has doubled down on efforts to revive her sex bias suit against the federal judiciary, telling the Fourth Circuit that siding with the judiciary would further discourage its employees from speaking up or reporting abuse out of fear of retaliation.
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June 13, 2025
Colo. Appeals Upholds State Board Rules On Teacher Reviews
A state appeals court sided with the Colorado State Board of Education in a challenge brought by an educators union against the board's new teacher performance evaluation system and the appeal process for those evaluations, precedentially ruling that the board acted within its delegated authority.
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June 13, 2025
NJ Law Firm Accused Of Retaliation Over Maternity Leave
New Jersey law firm Ragan & Ragan PC is facing a discrimination suit filed by its former collections manager in state court, alleging that the firm and its name partner engaged in a "calculated and malicious campaign of retaliation" against her for taking maternity leave.
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June 12, 2025
Trump Admin Parries Fed Talk As Judge Weighs NCUA Firings
A Trump administration attorney studiously deflected questions about the Federal Reserve at a Thursday court hearing on President Donald Trump's firing of two Democratic credit union regulators, leaving the central bank's independence as the elephant in the room.
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June 12, 2025
Ex-UPS Workers Urge 9th Circ. To Revive State Law Claims
An attorney for some former United Parcel Service workers urged a Ninth Circuit panel Thursday to undo a decision barring them from proceeding with some state employment claims because the workers memorialized them on union grievance forms, telling the panel the claims aren't preempted by federal law.
Expert Analysis
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Understanding Compliance Concerns With NY Severance Bill
New York's No Severance Ultimatums Act, if enacted, could overhaul how employers manage employee separations, but employers should be mindful that the bill's language introduces ambiguities and raises compliance concerns, say attorneys at Norris McLaughlin.
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Opinion
The IRS Shouldn't Go To War Over Harvard's Tax Exemption
If the Internal Revenue Service revokes Harvard's tax-exempt status for violating established public policy — a position unsupported by currently available information — the precedent set by surviving the inevitable court challenge could undercut the autonomy and distinctiveness of the charitable sector, says Johnny Rex Buckles at Houston Law Center.
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What Employers Should Know Ahead Of H-2B Visa Changes
Employers should be aware of several anticipated changes to the H-2B visa program, which allows employers to hire temporary foreign workers, including annual prevailing wage changes and other shifts arising from recent U.S. Supreme Court decisions and the new administration, say Steve Bronars and Elliot Delahaye at Edgeworth Economics, and Chris Schulte at Fisher Phillips.
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Opinion
Int'l Athletes' Wages Should Be On-Campus Employment
The U.S. Department of Homeland Security should recognize participation in college athletics by international student-athletes as on-campus employment to prevent the potentially disastrous ripple effects on teams, schools and their surrounding communities, says Catherine Haight at Haight Law Group.
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Series
Playing Guitar Makes Me A Better Lawyer
Being a lawyer not only requires logic and hard work, but also belief, emotion, situational awareness and lots of natural energy — playing guitar enhances all of these qualities, increasing my capacity to do my best work, says Kosta Stojilkovic at Wilkinson Stekloff.
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Addressing PFAS Risks In Public Company Disclosures
As individual lawsuits and class actions over PFAS risks spanning multiple sectors and products increase, and rapidly evolving and often unclear regulatory initiatives on both the federal and state levels proliferate, it's more important than ever for companies to know how and when to complete PFAS-related disclosures, say attorneys at Venable.
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Takeaways From DOJ's Latest FCA Customs Fraud Intervention
The U.S. Department of Justice's recent intervention in a case alleging customs-related reverse False Claims Act fraud underlines the government’s increased scrutiny of, and importers’ corresponding exposure from, information related to product classification, country of origin and pricing, say attorneys at Bass Berry.
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4 Trends Responsible For Declining FLSA Filings
In 2024, the number of Fair Labor Standards Act claims filed in federal courts continued to decrease, reflecting a steady decline in federal FLSA filings since 2015 due to a few trends, including increased compliance and presuit resolution, say attorneys at Seyfarth.
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Crisis Management Lessons From The Parenting Playbook
The parenting skills we use to help our kids through challenges — like rehearsing for stressful situations, modeling confidence and taking time to reset our emotions — can also teach us the fundamentals of leading clients through a corporate crisis, say Deborah Solmor at the Wisconsin Alumni Research Foundation and Cara Peterman at Alston & Bird.
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When Physical And Cyber Threats Converge: 6 Tips For Cos.
Amid an ongoing trend of increased digital threats of harm made against corporations, organizations and high-profile individuals, an emerging legal framework is providing a risk management road map for general counsel and their teams to navigate the increasingly fraught landscape, say attorneys at Covington.
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4 Ways To Leverage A Jury's Underdog Perceptions
Counsel should consider how common factors that speak to their client's size, power, past challenges and alignment with jurors can be presented to try and paint their client as a sympathetic underdog, says Ken Broda-Bahm at Persuasion Strategies.
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Wash. Justices' Moonlight Ruling Should Caution Employers
The Washington Supreme Court's recent decision in David v. Freedom Vans, which limited when employers can restrict low-wage workers from moonlighting, underscores the need for employers to narrowly tailor restrictive covenants, ensuring that they are reasonable and allow for workforce mobility, say attorneys at Perkins Coie.
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Why Hiring Former Jurors As Consultants Can Be Risky
The defense team's decision to hire former juror Victoria George in the high-profile retrial of Karen Read shines a spotlight on this controversial strategy, which raises important legal, ethical and tactical questions despite not being explicitly prohibited, says Nikoleta Despodova at ND Litigation.
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Series
Adapting To Private Practice: From NY Fed To BigLaw
While the move to private practice brings a learning curve, it also brings chances to learn new skills and grow your network, requiring a clear understanding of how your skills can complement and contribute to a firm's existing practice, and where you can add new value, says Meghann Donahue at Covington.
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Trump's 1st 100 Days Show That Employers Must Stay Nimble
Despite the aggressive pace of the Trump administration, employers must stay abreast of developments, including changes in equal employment opportunity law, while balancing state law considerations where employment regulations are at odds with the evolving federal laws, says Susan Sholinsky at Epstein Becker.