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Employment
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August 20, 2025
DOJ's Suit Over Ill. E-Verify Restrictions Gets Tossed
An Illinois federal judge on Tuesday denied a bid by the U.S. Department of Justice to block provisions of a recently amended Illinois law restricting the use of systems such as E-Verify to check prospective workers' employment eligibility and dismissed the case outright, calling the DOJ's interpretation of the relevant preemption clause "broad to the point of absurdity."
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August 20, 2025
Nurse Fired After Patient Death Wins $20M Race Bias Verdict
A Colorado federal jury awarded $20 million to a Black nurse who it found was fired out of race bias and retaliation by a medical center that she said falsely accused her of mishandling a patient's end-of-life care, which led to criminal charges against her that were ultimately dropped.
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August 20, 2025
Farmworkers Union Can't Halt Latest Prevailing Wages Survey
A farmworkers union cannot halt the U.S. Department of Labor from replacing 2020 prevailing wages with 2022 wage-survey results, a Washington federal judge ruled, saying the alleged harm is self-inflicted because the later wages were published following the union's actions.
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August 20, 2025
Navy Investigators Say Feds Shortchanging Resignation Pay
Two investigators with the Naval Criminal Investigative Service on paid leave after signing deferred resignation agreements claim the U.S. government has unlawfully cut law enforcement availability pay they are entitled to.
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August 19, 2025
Expert Chides Charlotte Housing Authority Over Missing Docs
An expert witness turned the tables on the attorney questioning her Tuesday during a former public housing authority coordinator's hostile work environment and retaliation trial in North Carolina after defense counsel questioned how she could accurately opine on the authority's operations without having seen key documents, saying it wasn't because she didn't ask for them.
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August 19, 2025
PE Firm Hit With Contempt, Receiver In Del. Over Legal Bills
A magistrate in the Delaware Chancery Court has entered an order for contempt and sanctions, as well as a receivership, against private equity firm 777 Partners in its former chief financial officer's suit seeking advancement of legal fees in connection with a fraud investigation and multiple lawsuits related to the company's business.
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August 19, 2025
USDOT Flags States' Lapses In Deadly Fla. Truck Crash Probe
The U.S. Department of Transportation on Tuesday called out three states' apparent failures in enforcing licensing standards for commercial truck drivers following last week's deadly highway crash in Florida that left three people dead and instantly became a flash point for the Trump administration's hard-line immigration policies.
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August 19, 2025
Ga. Salon's Ex-Worker Sues Over 'Egregious' Sexual Abuse
An Atlanta hair salon has been hit with a lawsuit from a former employee alleging that she was "systematically preyed upon and sexually assaulted" by its owner, who she says pressured her into performing sexual favors and retaliated against other workers who tried to intervene.
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August 19, 2025
Nurses Say They Were Underpaid, Overworked At Hospital
A Chicagoland hospital network pressured its nurses to work late and through their breaks without pay because it was so understaffed, a group of current and former nurses claimed in Illinois federal court, looking to recoup the pay they say they lost through a wage and hour lawsuit.
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August 19, 2025
Tenn. Judge Trims Healthcare Contract TRAP Suit
A Tennessee federal judge dismissed Fair Labor Standards Act claims brought by operating room technicians claiming their ex-employer, SpecialtyCare, unlawfully required them to repay tens of thousands of dollars for specialty training, plus interest, if they quit within three years, but the judge greenlit their Truth in Lending Act claims.
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August 19, 2025
Faulty Expert Testimony Dooms Suit Against Norfolk Southern
The Georgia Court of Appeals on Tuesday threw out a suit seeking to hold Norfolk Southern liable for a longtime worker's hip injuries, saying the plaintiff's medical expert submitted a report that did not properly discuss how the alleged negligence caused his injuries.
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August 19, 2025
Judge Backs NBA In Referee's Vaccine Mandate Fight
The NBA secured a partial victory in a religious discrimination lawsuit challenging its COVID-19 protocols, with a Manhattan federal judge tossing the testimony of a fired referee's expert witness and ruling that the league's refusal to let him work unvaccinated was a justified business necessity.
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August 19, 2025
Nonprofits, Union Fight Withholding Of AmeriCorps Funds
A group of nonprofits and a union added claims to their suit in Maryland federal court aiming to stop the Trump administration from dismantling AmeriCorps, accusing the Office of Management and Budget of unlawfully withholding millions of dollars appropriated by Congress for grant programs.
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August 19, 2025
Chancery Dings Marsh McLennan Over Defection Suit Conduct
In sometimes chiding language, a Delaware vice chancellor ruled on Tuesday a New York federal judge will go first in a multicourt battle over Delaware-chartered insurance brokerage Marsh McLennan's challenges to employee defections allegedly orchestrated by Howden Holdings Ltd.
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August 19, 2025
Connecticut Cruise Line Settles Background Check Suit
A Connecticut-based cruise line has reached a settlement with a former job applicant in a putative class action accusing the company of violating a prospective employee's rights by refusing to share a copy of his background check with him before rejecting him.
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August 19, 2025
Ex-Copyright Chief Says Trump Overstepped Role In Firing Her
The fired leader of the U.S. Copyright Office urged the D.C. Circuit to reject the Trump administration's arguments that her dismissal was lawful, asking the appeals court on Tuesday to return her to her job before Congress returns from recess Sept. 2.
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August 19, 2025
Fanatics, NFT Co. Get Parental Leave Suit Narrowed
Fanatics LLC and a digital collectibles company knocked out part of a suit from a former executive who said he was fired for seeking parental leave, with a New York federal judge nixing his retaliation claim but letting allegations that the companies interfered with his leave rights move ahead.
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August 19, 2025
Title Insurer Says No Fiduciary Duty Owed To Board Members
A Connecticut-based title insurance company and its subsidiary have argued in a court filing that a former board member lacks standing under Delaware and Florida law to assert fiduciary duty claims against fellow directors, the companies and their in-house counsel.
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August 19, 2025
Chicago Suburb Sued Over Medical History Probes
The city of Evanston, Illinois, was hit with a state court lawsuit by job applicants who allege its questions about their family medical histories violated an Illinois law barring employers from asking about genetic information and using it to make employment decisions.
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August 19, 2025
Pizza Chain Avoids Sanctions For Missing Payroll Docs
An operator of Michigan pizza restaurants will not face sanctions in a wage suit over payroll records a group of drivers claimed were missing because the company was not aware the documents were lost, a Michigan federal judge ruled on Tuesday.
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August 19, 2025
Alcoa Retirees Ask 7th Circ. To Back Lifetime Benefits Order
A group of retirees and the United Steelworkers urged the Seventh Circuit not to pause a lower court's order requiring Alcoa USA Corp. to reinstate lifetime access to a healthcare plan, raising concerns about elderly retirees dying and not receiving benefits.
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August 19, 2025
Energy Co. Gets Overtime Case Pushed Into Arbitration
A North Carolina federal judge pushed into arbitration a quality control worker's overtime suit against a clean energy manufacturing company, ruling that the arbitration agreement the company presented to him while he was a putative member in a related case is valid.
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August 19, 2025
Trump's 'Abnormal' Use Of FCA Could Get Tricky In Court
The Trump administration is wielding the False Claims Act in unusually narrow ways to drive policies on social and cultural issues — including gender-affirming care and diversity, equity and inclusion programs — but the government's potential theories of liability under the federal law remain largely untested and might not hold up in court, experts say.
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August 19, 2025
5th Circ. Says NLRB Structure Likely Unconstitutional
The Fifth Circuit on Tuesday upheld injunctions barring the National Labor Relations Board from prosecuting unfair labor practice cases against SpaceX and two other companies, saying the removal protections that federal labor law gives board members and agency judges likely violate the U.S. Constitution.
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August 18, 2025
HHS Says Layoffs, Reorganization Are Within Its Authority
The Trump administration urged a Rhode Island federal judge to toss claims that massive cuts to the Health and Human Services Department violate the U.S. Constitution and usurp congressional authority, arguing the state plaintiffs don't have the authority to dictate how the executive branch manages its personnel.
Expert Analysis
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Series
Playing The Violin Makes Me A Better Lawyer
Playing violin in a string quartet reminds me that flexibility, ambition, strong listening skills, thoughtful leadership and intentional collaboration are all keys to a successful legal practice, says Julie Park at MoFo.
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Employer Tips As Deepfakes Reshape Workplace Harassment
As the workplace harassment landscape faces the rising threat of fabricated media that hyperrealistically depict employees in sexual or malicious contexts, employers can stay ahead of the curve by tracking new legal obligations, and proactively updating policies, training and response protocols, say attorneys at Littler.
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Series
Law School's Missed Lessons: Practicing Self-Care
Law schools don’t teach the mental, physical and emotional health maintenance tools necessary to deal with the profession's many demands, but practicing self-care is an important key to success that can help to improve focus, manage stress and reduce burnout, says Rachel Leonard at MG+M.
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NFL Draft Incident Offers Remote Work Data Security Lessons
A recent incident in which an NFL coach's son prank called a potential draft pick after accessing confidential information on his father's computer serves as a wake-up call for organizations to analyze their protocols and practices related to protecting confidential information during remote work, say attorneys at Paul Hastings.
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ABA Opinion Makes It A Bit Easier To Drop A 'Hot Potato'
The American Bar Association's recent ethics opinion clarifies when attorneys may terminate clients without good cause, though courts may still disqualify a lawyer who drops a client like a hot potato, so sending a closeout letter is always a best practice, say attorneys at Thompson Hine.
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FMLA Expansion Sees State Progress Despite Federal Barriers
Recent legislative efforts to expand the Family and Medical Leave Act reflect workers' growing demand for work-life balance, but as federal proposals continue to face significant hurdles, states have stepped in, creating a labyrinth of leave laws and compliance headaches for multistate employers, say attorneys at FordHarrison.
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How To Balance AI Adoption With Employee Privacy Risks
Excerpt from Practical Guidance
As artificial intelligence transforms the workplace, organizations must learn to leverage AI's capabilities while safeguarding against employee privacy risks and complying with a complex web of regulations, including by vetting vendors, mitigating employee misuse and establishing a governance framework, say attorneys at Jackson Lewis.
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Series
My Opera And Baseball Careers Make Me A Better Lawyer
Though participating in opera and the world of professional baseball often pulls me away from the office, my avocations improve my legal career by helping me perform under scrutiny, prioritize team success, and maintain joy and perspective at work, says Adam Unger at Herrick Feinstein.
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High Court ACA Ruling May Harm Preventative Care
The U.S. Supreme Court's decision in Kennedy v. Braidwood last week, ruling that the U.S. Department of Health and Human Services secretary has authority over an Affordable Care Act preventive care task force, risks harming the credibility of the task force and could open the door to politicians dictating clinical recommendations, says Michael Kolber at Manatt.
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8 Ways Lawyers Can Protect The Rule Of Law In Their Work
Whether they are concerned with judicial independence, regulatory predictability or client confidence, lawyers can take specific meaningful actions on their own when traditional structures are too slow or too compromised to respond, says Angeli Patel at the Berkeley Center of Law and Business.
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New Law May Reshape Fla. Employer Noncompete Strategy
With Florida's CHOICE Act taking effect this week, employers should consider the pros and cons of drafting new restrictive covenant agreements with longer noncompete or garden leave periods and enhanced enforcement mechanisms, say attorneys at Vedder Price.
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Justices' Review Of Fluor May Alter Gov't Contractor Liability
The U.S. Supreme Court's decision to review Hencely v. Fluor, a case involving a soldier’s personal injury claims against a government contractor, suggests the justices could reconsider a long-standing test for determining whether contractors are shielded from state-tort liability, says Lisa Himes at Rogers Joseph.
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How Ending OFCCP Will Affect Affirmative Action Obligations
As President Donald Trump's administration plans to eliminate the Office of Federal Contract Compliance Programs, which enforces federal contractor antidiscrimination compliance and affirmative action program obligations, contractors should consider the best compliance approaches available to them, especially given the False Claims Act implications, say attorneys at Ogletree.
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Series
Law School's Missed Lessons: Communicating With Clients
Law school curricula often overlook client communication procedures, and those who actively teach this crucial facet of the practice can create exceptional client satisfaction and success, says Patrick Hanson at Wiggam Law.
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Employer Best Practices For Navigating Worker Separations
As job cuts hit several major industries, employers should take steps to minimize their exposure to discrimination claims, information leaks and enforcement challenges, such as maintaining sound documentation, strategic planning and legal coordination, says Mark Romance at Day Pitney.