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Employment
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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.
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July 09, 2025
Plan Administrator Seeks To Toss Union's Pension Error Suit
A benefit plan administration company said it shouldn't have to face a lawsuit claiming a union pension fund paid $2.4 million in interest because the administrator paid benefits on the wrong day of the month, arguing in Pennsylvania federal court that it wasn't acting as a fiduciary.
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July 09, 2025
7th Circ. Revives Deputy's Retaliation Suit Over Election Feud
The Seventh Circuit reinstated a sheriff's deputy's retaliation suit claiming he wasn't promoted because he criticized his boss while attempting to unseat him as sheriff, ruling the lower court failed to credit evidence that the sheriff admitted sabotaging the deputy's career when finding the case was untimely.
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July 09, 2025
US Chamber Backs Anheuser-Busch's 4th Circ. Class Fight
The U.S. Chamber of Commerce backed Anheuser-Busch LLC's bid to flip a Virginia federal court's decision granting class certification to workers alleging the brewing giant failed to pay for mandatory pre- and post-shift work, telling the Fourth Circuit that the workers didn't clear certification standards.
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July 09, 2025
Telecom Consultant Seeks To Enforce Nonsolicitation Deals
A Pittsburgh-based telecommunications consulting firm says three of its employees joined up with a competitor and violated their nonsolicitation agreements by taking certain customers and jobs with them, according to a lawsuit filed in Pennsylvania state court.
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July 09, 2025
T-Mobile Tanks DEI Policies To Meet FCC Chair's Goal
T-Mobile says it will shut down diversity, equity and inclusion programs to align with goals of the Federal Communications Commission's chair as the carrier seeks regulatory approval of two major wireless and fiber deals.
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July 09, 2025
7th Circ. Asks Ill. Justices To Mull Amazon COVID Pay Fight
The Seventh Circuit shipped to the Illinois Supreme Court a suit accusing Amazon of not paying workers for time spent in COVID-19 screenings, asking the state justices to sort out whether state law incorporates federal regulations for preshift activities.
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July 09, 2025
Top Dems Press EEOC On 'Shakedown' Of Major Law Firms
Top congressional Democrats are once again seeking information on the Trump administration's "shakedown" of major law firms over their past work and clients.
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July 08, 2025
Gordon Rees Taps Calif. Employment Atty As Next Firm Head
Gordon Rees Scully Mansukhani LLP announced Tuesday that a 20-year veteran employment litigator who has long been involved with firm management has been tapped to become the firm's new managing partner effective next year.
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July 08, 2025
Macy's Says McLaughlin Ruling Backs Axing DOL's ERISA Suit
Macy's has once again asked an Ohio federal judge to slash a U.S. Department of Labor lawsuit claiming the retail company discriminated against tobacco users by charging them an extra fee through its health insurance plan, this time leaning on the U.S. Supreme Court's recent McLaughlin ruling to argue no new lawsuit is required to push aside agency rulemaking.
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July 08, 2025
Americor Need Not Respond To Arbitral Order; Texas Judge
A bid by the Bermudian owner of debt consolidation company Beyond Finance LLC to force a competitor to turn over documents in arbitration over an ex-employee's alleged violation of a noncompete agreement should be denied, a magistrate judge said Monday.
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July 08, 2025
Chicago Nabs Early Win In City Workers' Genetic Bias Suit
The city of Chicago defeated allegations that the genetic information of two employees was taken when their spouses took part in a wellness program, with an Illinois federal judge finding that evidence does not back the claims that detailed information was disclosed in violation of federal law.
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July 08, 2025
Ex-Parks Worker Claims Viral Elk Video Led To Firing
A former employee of the Evergreen Park and Recreation District claimed in Colorado state court Monday that he was fired and threatened with imprisonment over a viral video of his interaction with an elk.
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July 08, 2025
Judge Halts Plan To Slash AmeriCorps Workforce, Funding
A Maryland federal judge determined that the Trump administration must reinstate hundreds of AmeriCorps employees and restore $400 million in funding and grants to nonprofits, saying public interest and a balance of equities favor a preliminary injunction.
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July 08, 2025
GOP Senators Unveil Employment Bills Package
Senate Health, Education, Labor and Pensions Committee Chairman Bill Cassidy, R-La., and two other Republican senators jointly introduced a package of bills that would give independent contractors access to retirement and health benefits, and introduce a new independent contractor definition.
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July 08, 2025
Docs Sue Colo. Mental Health Co. For Wage Theft, Defamation
Two physicians sued their former employer Monday in Colorado state court, saying the healthcare company incorrectly classified them as independent contractors, didn't pay them on time and later denied wages entirely.
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July 08, 2025
Job Site Monster.com OK'd For Swift Ch. 11 Auctions
A Delaware bankruptcy judge Tuesday signed off on online job search site CareerBuilder + Monster's plans to hold Chapter 11 auctions for its assets next week, approving bid procedures with three separate stalking horses.
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July 08, 2025
4th Circ. Won't Pause Ex-Naval Engineers' No-Poach Ruling
The Fourth Circuit on Tuesday sent a revived class action alleging that shipbuilding military contractors used no-poach agreements to suppress wages back to district court, rejecting the contractors' motion for a stay while they prepare to send a certiorari petition to the U.S. Supreme Court.
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July 08, 2025
Pa. Panel Grants Immunity To Nursing Board In Exam Dispute
A Pennsylvania appellate court on Tuesday narrowly rejected a lawsuit filed by an ex-nurse who contends a state board violated her rights by ordering her to undergo a mental health exam, finding instead that the board members are entitled to quasi-judicial immunity.
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July 08, 2025
Wells Fargo Wants Investors' 'Sham' Hiring Suit Tossed
Wells Fargo & Co. is once again looking to rid itself of a California-based class action accusing it of deceiving investors about its hiring practices, arguing that suing shareholders have not found any evidence that so-called sham job interviews were widespread at the bank.
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July 08, 2025
Academic Researchers Defend Publisher Antitrust Claims
Academic researchers are defending a proposed class action in New York federal court accusing six of the largest academic journal publishers of colluding to block compensation for peer review services while suppressing competition for scholarly manuscripts.
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July 08, 2025
Cannabis Co. Escapes Sales Commissions Suit
A cannabis company's promise to pay an employee commissions when she got a promotion was but a "puff of smoke," an Illinois federal judge ruled, finding the lack of a formal contract means her lawsuit must be dismissed.
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July 08, 2025
HHS Can't Dodge Suit Over Nixed LGBTQ Bias Protections
A New York federal judge declined Tuesday to toss a transgender woman's suit challenging President Donald Trump's decision to roll back anti-discrimination regulations for LGBTQ patients during his first term, rejecting arguments from the government that the case is moot given that a Biden-era rule restored the protections.
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July 08, 2025
3rd Circ. Gives Philly Bus Driver Fresh Chance At FMLA Suit
The Third Circuit on Tuesday reinstated a former Philadelphia bus driver's lawsuit alleging public transit authority SEPTA bucked the Family and Medical Leave Act when it fired him for missing work due to his sickle cell anemia.
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July 08, 2025
Weil Executive Comp Atty Rejoins Sullivan & Cromwell
An experienced executive compensation attorney has departed Weil Gotshal & Manges LLP and returned to Sullivan & Cromwell LLP, where she's spent much of her legal career.
Expert Analysis
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9th Circ. Has Muddied Waters Of Article III Pleading Standard
District courts in the Ninth Circuit continue to apply a defunct and especially forgiving pleading standard to questions of Article III standing, and the circuit court itself has only perpetuated this confusion — making it an attractive forum for disputes that have no rightful place in federal court, say attorneys at Gibson Dunn.
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What Calif. Appeals Split Means For Litigating PAGA Claims
After two recent California state appeals court rulings diverged on whether a former employee with untimely individual claims under the Private Attorneys General Act can maintain a representative action, practitioners' strategic agility will be key to managing risk and achieving favorable outcomes in PAGA litigation, say attorneys at Buchalter.
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Series
Competing In Modern Pentathlon Makes Me A Better Lawyer
Opening myself up to new experiences through competing in modern Olympic pentathlon has shrunk the appearance of my daily work annoyances and helps me improve my patience, manage crises better and remember that acquiring new skills requires working through your early mistakes, says attorney Mary Zoldak.
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Shifting DEI Expectations Put Banks In Legal Crosshairs
The Trump administration's rollbacks on DEI-friendly policies create something of a regulatory catch-22 for banks, wherein strict compliance would contradict established statutory and administrative mandates regarding access to credit for disadvantaged communities, say attorneys at Husch Blackwell.
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When Rule 12 Motions Against Class Allegations Succeed
Companies facing class actions often attempt early motions to strike class allegations, and while some district courts have been reluctant to decide certification issues at the pleading stage, several recent decisions have shown that Rule 12 motions to dismiss or strike class allegations can be effective, say attorneys at Womble Bond.
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Compliance Tips After Court Axes EEOC's Trans Rights Take
A Texas federal court's recent decision struck portions of the U.S. Equal Employment Opportunity Commission's 2024 guidance pertaining to sexual orientation and gender identity under Title VII, barring their use nationwide and leaving employers unsure about how to proceed in their compliance efforts, say attorneys at Dorsey & Whitney.
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Series
Law School's Missed Lessons: Teaching Yourself Legal Tech
New graduates often enter practice unfamiliar with even basic professional software, but budding lawyers can use on-the-job opportunities to both catch up on technological skills and explore the advanced legal and artificial intelligence tools that will open doors, says Alyssa Sones at Sheppard Mullin.
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How AI May Reshape The Future Of Adjudication
As discussed at a recent panel at Texas A&M, artificial intelligence will not erase the human element of adjudication in the next 10 to 20 years, but it will drive efficiencies that spur private arbiters to experiment, lead public courts to evolve and force attorneys to adapt, says Christopher Seck at Squire Patton.
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5 Insurance Claims That Could Emerge After NCAA Settlement
Following the recent NCAA class action settlement that will allow revenue sharing with college athletes, there may be potential management liability for universities, their executive leadership and boards that could expose insurers to tax, regulatory, breach of contract and other claims, says Sarah Abrams at Baleen Specialty.
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When Legal Advocacy Crosses The Line Into Incivility
As judges issue sanctions for courtroom incivility, and state bars advance formal discipline rules, trial lawyers must understand that the difference between zealous advocacy and unprofessionalism is not just a matter of tone; it's a marker of skill, credibility and potentially disciplinary exposure, says Nate Sabri at Perkins Coie.
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Opinion
It's Time To Expand The WARN Act Liability Exception
With layoffs surging across several industries, Congress should amend the Worker Adjustment and Retraining Notification Act to address an exception-based disparity that prevents directors and officers from taking all reasonable steps to save a company before being required to provide workers with a mass-layoff notice, say attorneys at Lowenstein Sandler.
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3 Corporate Deposition Prep Tips To Counter 'Reptile' Tactics
With plaintiffs counsel’s rising use of reptile strategies that seek to activate jurors' survival instincts, corporate deponents face an increased risk of being lulled into providing testimony that undercuts a key defense or sets up the plaintiff's case strategy at trial, making it important to consider factors like cross-examination and timing, say attorneys at Dentons.
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8th Circ. Ruling Highlights Complicated Remote Work Analysis
The Eighth Circuit’s recent opinion in Kuklenski v. Medtronic USA demonstrates that the applicability of employment laws to remote workers is often a fact-driven analysis, highlighting several parameters to consider when evaluating what state and local laws may apply to employees who work remotely, say attorneys at Vedder Price.
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Philly Law Initiates New Era Of Worker Protections
A new worker protection law in Philadelphia includes, among other measures, a private right of action and recordkeeping requirements that may amount to a lower evidentiary standard, introducing a new level of accountability and additional noncompliance risks for employers, say attorneys at Morgan Lewis.
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Series
Volunteering At Schools Makes Me A Better Lawyer
Speaking to elementary school students about the importance of college and other opportunities after high school — especially students who may not see those paths reflected in their daily lives — not only taught me the importance of giving back, but also helped to sharpen several skills essential to a successful legal practice, says Guillermo Escobedo at Constangy.