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Employment
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September 25, 2025
NJ Justice Hints 'Essential' A Key Term In Benefits Case
New Jersey Supreme Court Justice Rachel Wainer Apter asked Thursday if a worker can be considered an "essential employee" under an executive order but not under a COVID-19 law governing workers' compensation, as the court considered a school district's bid to deny the designation to a deceased teacher.
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September 25, 2025
UFCW Faces Negligence Suit Over Data Breach Affecting 55K
A United Food and Commercial Workers local was hit with a putative class action in Colorado federal court Thursday looking to hold it liable for allegedly failing to protect more than 55,000 individuals' personal information from a cybersecurity attack and waiting more than nine months to inform the victims.
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September 25, 2025
Property Manager Didn't Pay For Meal Break Work, Suit Claims
Leasing agents and maintenance technicians, in a proposed collective and class action filed on Thursday, have accused a property management company of making them work during unpaid meal breaks, while not keeping track of this time and refusing to pay overtime.
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September 25, 2025
Norfolk Southern Can't Escape Rockslide Derailment Suit
A Pennsylvania federal judge on Thursday denied Norfolk Southern Railway Co.'s bid to throw out a suit by a conductor and engineer over injuries they suffered when their train derailed, saying they've put forth enough evidence that a jury could conclude the railway should've been better prepared for a rockslide.
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September 25, 2025
Unions' Challenge To Trump Resignation Program Tossed
A Massachusetts federal judge shut the door on three unions' suit to block the president's deferred resignation program, saying the groups' challenge belongs before the agencies Congress created to handle federal personnel disputes.
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September 25, 2025
EEOC Seeks Partial Win In Suit Over Remote Work Refusal
The U.S. Equal Employment Opportunity Commission asked a Georgia federal judge on Wednesday to grant it partial summary judgment in its disability discrimination lawsuit against a utility services provider that the commission said fired a worker after refusing to accommodate disabilities arising from a stroke.
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September 25, 2025
Feds Want USPTO Union Suits Over Trump Order Reassigned
The Trump administration has asked for two cases from labor unions that represent employees of the U.S. Patent and Trademark Office and other agencies challenging an executive order that ended their collective bargaining rights to be reassigned to different judges, saying the cases in D.C. federal court are unrelated to other suits challenging the order.
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September 25, 2025
Widow Sues Philly Port Authority Over Husband's Death
The wife of a warehouse worker is suing the Philadelphia Regional Port Authority and others, alleging their negligence led to her husband being crushed to death by a bale of wood pulp while working at a PRPA-owned warehouse.
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September 25, 2025
8th Circ. Backs UPS In Driver's Bias, Retaliation Suit
A Black UPS driver has lost his suit accusing the company of coming down harder on him for skipping Saturday shifts than it did on white drivers at a facility in Des Moines, Iowa, with the Eighth Circuit affirming the dismissal of the litigation Thursday.
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September 25, 2025
Apple Affiliate Pushes To Undo Classes After Wage Case Loss
Five classes of workers in a $840,000 a wage suit against an Apple-affiliated repair company in North Carolina federal court are rootless after a Fourth Circuit decision, the company said, accusing the workers of fabricating quotes from a case they relied on in their opposition.
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September 25, 2025
Aetna Can't Rein In LGBTQ+ Bias Suit Over Fertility Coverage
Aetna can't narrow a proposed class action alleging it unlawfully required nonheterosexual patients to spend thousands of dollars before covering fertility treatments, as a Connecticut federal judge said the insurer failed to fully acknowledge its role in creating the health plan in question.
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September 25, 2025
Ohio Airport Must Face Union's Picket Restriction Challenge
A union may continue pursuing its lawsuit accusing the Columbus airport of violating workers' First Amendment rights by placing restrictions on picketing, an Ohio federal judge ruled, rejecting the argument that the union lacks standing to sue.
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September 24, 2025
DC Judge Won't Reinstate IGs Over 'Obvious' Trump Violation
A Washington, D.C., federal judge on Wednesday declined to reinstate eight inspectors general whom President Donald Trump fired without warning or rationale, finding that while it is "obvious" the president violated federal law governing the removal of inspectors general, the plaintiffs have not shown irreparable harm.
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September 24, 2025
ABA Says Trump's Firm Intimidation Policy Isn't Hypothetical
The American Bar Association on Wednesday urged a D.C. federal court not to dismiss its suit claiming the Trump administration has launched an unconstitutional campaign of intimidation against law firms, arguing that the intimidation firms have experienced isn't hypothetical or imagined, as the government contends.
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September 24, 2025
Atty & Ex-CEO Dodges Default Over Missed Court Hearing
The fired CEO of a Wyoming flavoring and aroma firm on Wednesday was ordered to reimburse the company $8,945 for missing a court hearing but escaped a default liability entry after telling a Connecticut state judge he was "not a very good lawyer" and "not a very good businessman."
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September 24, 2025
Minn. Judge Suspended For Attempting To Boost Staffer's Pay
A Minnesota state judge should not have presided over proceedings to increase his longtime court reporter's salary, the state Supreme Court said, disciplining him with a public censure and a suspension for nine months without pay.
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September 24, 2025
Swimmers, Divers Rip School, NIL Deal After Team Dropped
Four former swimming and diving team members at California Polytechnic State University have filed objections in federal court to the NCAA's $2.78 billion name, image and likeness settlement, after university officials pointed to the financial consequences of the settlement as the reason the swimming and diving program was eliminated.
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September 24, 2025
High Court Won't Review Legality Of Wilcox, Harris Firings
The U.S. Supreme Court has rejected former National Labor Relations Board member Gwynne Wilcox's and former Merit Systems Protection Board member Cathy Harris' requests for decisions on whether their firings were lawful, saying it will only review the legality of former Federal Trade Commissioner Rebecca Slaughter's ouster.
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September 24, 2025
Vehicle-Maker Says Ex-Worker Can't Bring Smoker-Fee Suit
International Motors LLC, formerly Navistar, is looking to end a proposed class action by a former employee who claims its $50-a-month health insurance fee for workers who use tobacco violates federal law, telling an Illinois federal court that the harm he suffered was caused by his own refusal to quit smoking or try the company's smoke-free program.
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September 24, 2025
Media Co. To Pay $406K Over Ex-Exec's Severance Dispute
A New Jersey federal judge has ordered the publisher of US Weekly, the National Enquirer and other magazines to pay nearly $406,000 to a former executive who claimed he was denied severance benefits after being terminated without cause.
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September 24, 2025
Union Says Trump Has Fired More Immigration Judges
The union that represents the judges who hear immigration cases said the government has fired at least 16 judges without cause in recent days, adding to the dozens of judges who have left or been fired since President Donald Trump took office.
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September 24, 2025
6th Circ. Upends Ford's Win In Muslim Ex-Worker's Bias Suit
The Sixth Circuit reinstated a bias and retaliation suit Wednesday from a Muslim and Middle Eastern engineer who claimed Ford fired him due to his race, religion and national origin, finding the former worker put forward enough detail showing he may have been sacked for complaining about mistreatment.
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September 24, 2025
Comcast Loses Challenge To Labor Dept. ALJs' Authority
Comcast Corp. can't force a pair of former executives and the U.S. Department of Labor to sue in federal court, after a Virginia federal judge found that handing a Sarbanes-Oxley whistleblower case to an administrative law judge did not violate the company's Seventh Amendment rights.
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September 24, 2025
Ex-Conductor Can't Sue BNSF A Third Time After $1.3M Win
An Illinois federal judge has ruled that a former conductor can't proceed with a third racial discrimination lawsuit against BNSF Railway claiming he was "blackballed" from future employment at BNSF and other railroads, because he has already litigated how BNSF handled his dismissal and was compensated more than $1.3 million in damages.
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September 24, 2025
Atlanta Lawyer Fights Ex-Firm's Bid To Toss Wage Suit
An Atlanta attorney suing her former law firm over allegations it fired her and threatened her when she demanded her last paycheck said the firm can't force her suit into arbitration, arguing it is hiding behind a sealed agreement and hasn't disclosed its full terms.
Expert Analysis
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Advice For 1st-Gen Lawyers Entering The Legal Profession
Nikki Hurtado at The Ferraro Law Firm tells her story of being a first-generation lawyer and how others who begin their professional journeys without the benefit of playbooks handed down by relatives can turn this disadvantage into their greatest strength.
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Employer Tips As Memo Broadens Religious Accommodations
A recent Trump administration memorandum seeking to expand religion-related remote work accommodations for federal workers continues the trend of prioritizing religious rights in the workplace, which should alert all employers as related litigation shows no signs of slowing down, say attorneys at Seyfarth Shaw.
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Series
Coaching Cheerleading Makes Me A Better Lawyer
At first glance, cheerleading and litigation may seem like worlds apart, but both require precision, adaptability, leadership and the ability to stay composed under pressure — all of which have sharpened how I approach my work in the emotionally complex world of mass torts and personal injury, says Rashanda Bruce at Robins Kaplan.
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5th Circ. Ruling Signals Strife For Employers Navigating ADA
While the Fifth Circuit’s recent decision in Strife v. Aldine Independent School District demonstrates that speed is not a perfect shield against workers' Americans with Disabilities Act claims, it does highlight how courts may hold employers liable for delays in the interactive accommodation process, say attorneys at Krevolin & Horst.
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Series
Law School's Missed Lessons: How To Make A Deal
Preparing lawyers for the nuances of a transactional practice is not a strong suit for most law schools, but, in practice, there are six principles that can help young M&A lawyers become seasoned, trusted deal advisers, says Chuck Morton at Venable.
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4th Circ. Clarifies Employer Duties For ADA Accommodations
The Fourth Circuit's recent decision in Tarquinio v. Johns Hopkins indicates that an employer's obligation to provide accommodations under the Americans with Disabilities Act may never arise if an employee obstructs the process, underscoring that ADA protections depend on cooperation between both parties, say attorneys at Hunton.
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From Clerkship To Law Firm: 5 Transition Tips For Associates
Excerpt from Practical Guidance
Transitioning from a judicial clerkship to an associate position at a law firm may seem daunting, but by using knowledge gained while clerking, being mindful of key differences and taking advantage of professional development opportunities, these attorneys can flourish in private practice, say attorneys at Lowenstein Sandler.
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9 Jury Selection Lessons From The Combs Trial
U.S. District Judge Arun Subramanian’s unusually thorough jury selection process for the trial of Sean Combs offers attorneys and judges a master class in using case-specific juror questionnaires and extended attorney-led voir dire to impanel better juries that produce more just outcomes, say Kevin Homiak at Wheeler Trigg and Leslie Ellis at The Caissa Group.
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9th Circ.'s Trade Secrets Ruling Is A Win For DTSA Plaintiffs
The Ninth Circuit's recent decision in Quintara v. Ruifeng shifts the balance in federal trade secret litigation toward a more flexible, discovery-driven process, meaning that plaintiffs may be more likely to pursue claims under the Defend Trade Secrets Act, and early motions to strike or dismiss will face steep odds, say attorneys at Cooley.
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NY Bill Would Complicate Labor Law Amid NLRB Uncertainty
The New York Legislature passed a bill that, if enacted, would grant state agencies the power to enforce federal labor law, potentially causing significant challenges for employers as they could be subject to both state and federal regulators depending on the National Labor Relations Board's operational status, say attorneys at Sheppard Mullin.
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Associates Can Earn Credibility By Investing In Relationships
As the class of 2025 prepares to join law firms this fall, new associates must adapt to office dynamics and establish credible reputations — which require quiet, consistent relationship-building skills as much as legal acumen, says Kyle Forges at Bast Amron.
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Calif. Arbitration Fee Ruling Gives Employers Slight Leeway
The California Supreme Court's decision in Hohenshelt v. Superior Court of Los Angeles County offers a narrow lifeline that protects employers from losing arbitration rights over inadvertent fee payment delays, but auditing arbitration agreements and implementing payment tracking protocols can ensure that deadlines are always met, say attorneys at Buchalter.
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When Misconduct Can Trigger Bank Industry Employment Ban
The Federal Reserve Board recently settled an enforcement action in which a former employee of a Wyoming bank was banned from banking for conduct she allegedly committed at an entity unrelated to the bank, raising questions about the scope of regulatory enforcement authority, says Travis Nelson at Polsinelli.
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Lessons From 7th Circ.'s Deleted Chat Sanctions Ruling
The Seventh Circuit’s recent decision in Pable v. Chicago Transit Authority, affirming the dismissal of an ex-employee’s retaliation claims, highlights the importance of properly handling the preservation of ephemeral messages and clarifies key sanctions issues, says Philip Favro at Favro Law.
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Mitigating Employer Liability Risk Under Sex Assault Rule
The American Law Institute's newly approved rule expands vicarious liability to employers for certain sexual assaults that employees commit, which could materially increase employers' exposure unless they strengthen safeguards around high-risk roles, say attorneys at Morgan Lewis.