Employment

  • April 15, 2025

    Fla. Rail Operator Can't Dodge Bargaining Suit, Union Argues

    A Florida high-speed rail operator is "going through the motions" at the bargaining table while waiting for a court to oust its workers' newly installed union, the union argued Tuesday, saying the employer should have to face a federal lawsuit claiming it is bargaining in bad faith.

  • April 15, 2025

    PepsiCo Sued Over Workers' Unpaid COVID Screenings

    A former machine operator is suing PepsiCo Inc. in Illinois federal court for wage theft, claiming he and others were never paid for the time they spent going through the company's mandatory COVID-19 safety processing that was conducted before each shift.

  • April 15, 2025

    Cops At Insurrection Ask Justices To Let Them Stay Incognito

    Four current and former Seattle police officers who attended the 2021 Jan. 6 "Stop the Steal" insurrection in D.C. have made an emergency appeal to the U.S. Supreme Court to stay a ruling by Washington state's high court that barred the officers from litigating their state court privacy claims using John Doe pseudonyms.

  • April 15, 2025

    9th Circ. Backs Gold Mine's Win In Mechanic's Disability Suit

    The Ninth Circuit upheld on Tuesday a mining company's win in an ex-employee's suit alleging it fired him upon his return from disability leave, agreeing with a lower court that the mechanic was set to return with restrictions that left him unable to do required repair work.

  • April 15, 2025

    Food Service Co. Can't Escape Tobacco Surcharge Suit

    A food service company can't dodge a proposed class action alleging it unlawfully charges tobacco users an additional fee to obtain health insurance, an Illinois federal judge ruled Tuesday, rejecting the company's assertion that federal benefits law doesn't require retroactive reimbursement for completing a cessation program.

  • April 15, 2025

    Journalists, Unions Fight VOA Shutdown In DC Federal Court

    A coalition of journalists, unions and a reporter advocacy group asked a D.C. federal judge not to disturb a temporary restraining order blocking the Trump administration from dismantling the agency that oversees Voice of America, arguing the district court has jurisdiction to weigh in on the case.

  • April 15, 2025

    Financial Adviser Fights Ex-Employer's Bid To Pierce Privilege

    A financial adviser accused of stealing clients by his ex-employer Wealth Enhancement Group LLC has urged a Connecticut state judge to reject the company's bid to get his communications with legal counsel at Spencer Fane LLP, saying it relies on an "expansive and unfounded reading" of the crime-fraud exception to attorney-client privilege.

  • April 15, 2025

    Jersey City, Mayor Can't Escape Fired Aide's Retaliation Suit

    Jersey City, New Jersey, and its mayor, Stephen Fulop, are now the lone defendants in a lawsuit by one of Fulop's former aides who was terminated for supporting his conservative sister's political campaign following a Garden State federal judge's dismissal of four city officials from the suit. 

  • April 15, 2025

    NCAA Transfer Player Seeking Extra Season Denied By Judge

    A West Virginia federal judge on Tuesday backed the NCAA and the consent decree that overturned the restrictions on athletes transferring schools, denying a temporary restraining order and preliminary injunction for a college basketball player who wants to play one more season next year.

  • April 15, 2025

    Pot Shop Challenges NY Cannabis Labor Peace Law

    A New York cannabis company on Monday launched a federal lawsuit challenging a provision of the state's marijuana legalization law that requires licensed businesses to maintain labor peace agreements with their workers, saying it is preempted by federal law.

  • April 15, 2025

    Strike Nurses Sue Staffing Co. Over Wage, Break Pay

    A group of workers hired by a provider of temporary staff nurses to work at Kaiser Permanente facilities in California during a 2023 strike have filed a lawsuit against the staffing company, alleging it refused to pay for training time and meal breaks.

  • April 15, 2025

    Unions Claim Cuts To FMCS Under Trump Order Are Illegal

    A coalition of unions has hit the Trump administration with a federal lawsuit accusing it of dismantling the Federal Mediation and Conciliation Service, alleging President Donald Trump took an ax to the labor-management dispute resolution agency in violation of Congress' will.

  • April 15, 2025

    Dunkin' Franchise Owners In Mass. Settle Wage, OT Claims

    The owners of more than 60 Dunkin' franchises across the Bay State and a group of current and former store managers are finalizing a settlement of claims that the coffee chain flouted wage laws, according to a filing in Massachusetts federal court.

  • April 15, 2025

    Law Students Say EEOC Overreached With DEI Info Demands

    A trio of law students sued the U.S. Equal Employment Opportunity Commission in D.C. federal court Tuesday, claiming the agency "grossly overstepped" by demanding workplace diversity information, including personal details about applicants and workers, from prominent law firms.

  • April 15, 2025

    4th Circ. Overturns Fee Award In Maryland Wage Dispute

    The Fourth Circuit upended an order awarding lower-than-requested fees to attorneys representing workers in an unpaid overtime lawsuit against a nail salon, ruling Tuesday that a lower court was wrong to give so much authority to Maryland hourly rate guidelines.

  • April 15, 2025

    DC Judge Blocks Trump Order Against Susman Godfrey

    A D.C. federal judge on Tuesday largely blocked President Donald Trump's executive order over Susman Godfrey's handling of election litigation, saying the "Framers of the Constitution would see this as a shocking abuse of power."

  • April 15, 2025

    Ga. Plant Alleges Ex-CFO Tried To Bribe Atty In Bogus Letter

    The owner of a now-shuttered Atlanta plastics manufacturing plant has alleged it was the company's disgruntled former financial chief who authored a letter offering to pay off the attorney representing sibling plaintiffs in a federal discrimination lawsuit, in a response this week to a sanctions bid.

  • April 15, 2025

    Mail Delivery Contractor, EEOC Wrap Up Disability Bias Suit

    A South Dakota-based mail delivery contractor agreed to pay $45,000 to end a U.S. Equal Employment Opportunity Commission lawsuit alleging it violated federal disability bias law when it fired an employee because of his physical disability. 

  • April 15, 2025

    NJ Law Firm Hit With Bias Suit From Cancer-Stricken Aide

    A former legal assistant at a New Jersey personal injury firm is suing the firm alleging that she was fired for requesting a workplace accommodation after she was diagnosed with and had surgery for ureter cancer.

  • April 15, 2025

    Roster Limits Stay In Revisions To NCAA's NIL Settlement

    In court-ordered revisions to their $2.78 billion antitrust class action settlement, the NCAA and the athlete class added greater protections for athletes entering college throughout the deal's 10-year span, but refused to budge on roster limits opposed by several objectors.

  • April 15, 2025

    DOL Blocked From Forcing Contractors To Swear Off DEI

    The U.S. Department of Labor cannot force federal funding recipients to certify that they don't operate programs that violate recent executive orders targeting diversity, equity and inclusion initiatives, an Illinois federal judge held, saying President Donald Trump's directive likely violates the First Amendment.

  • April 15, 2025

    Judge Upholds Jury Verdict Against Project Veritas

    A D.C. federal judge upheld a $120,000 jury verdict against Project Veritas for its sting operation on the liberal consulting firm Democracy Partners, ruling that the conservative activist group's activities are not protected by heightened First Amendment standards because the case involved non-expressive conduct, not speech content.

  • April 15, 2025

    McDonald's, Dunkin' Franchisees Resolve Child Labor Claims

    The owners of Dunkin' and McDonald's franchises in Massachusetts have reached settlements over allegations they violated the state's child labor laws, while a Subway franchise operator has been fined, according to a Tuesday press release.

  • April 14, 2025

    Justice Dept. Lands 1st Wage-Fixing Jury Trial Conviction

    A Nevada federal jury on Monday convicted a nursing executive on wage-fixing charges, the first antitrust charge to succeed before a jury in a string of U.S. Department of Justice prosecutions targeting antitrust violations in labor markets.

  • April 14, 2025

    Susman Godfrey Asks To Block 'Unconstitutional' Order

    Susman Godfrey LLP on Monday asked a D.C. federal judge to immediately restrain the federal government from enforcing President Donald Trump's "unconstitutional" executive order revoking the firm's access to government resources, saying the directive is blatant retaliation for the firm's representation of clients and causes the president doesn't like.

Expert Analysis

  • Every Dog Has Its Sick Day: Inside NYC's Pet Leave Bill

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    In what would be a first-of-its-kind law for a major metropolitan area, a recent proposal would amend New York City's Earned Safe and Sick Time Act to include animal care as an accepted use of sick leave — and employers may not think it's the cat's meow, say attorneys at Morrison Cohen.

  • Series

    Gardening Makes Me A Better Lawyer

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    Beyond its practical and therapeutic benefits, gardening has bolstered important attributes that also apply to my litigation practice, including persistence, patience, grit and authenticity, says Christopher Viceconte at Gibbons.

  • How Trump's 2nd Term May Alter The Immigration Landscape

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    Rhetoric from Donald Trump's campaign and his choice of hardline appointees indicate that a more restrictive and punitive approach to immigration is in our immediate future, especially in areas like humanitarian relief, nonimmigrant visa processing, and travel and green card eligibility, says John Quill at Mintz.

  • Litigation Inspiration: Reframing Document Review

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    For attorneys — new ones especially — there is much fulfillment to find in document review by reflecting on how important, interesting and pleasant it can be, says Bennett Rawicki at Hilgers Graben.

  • 7th Circ. Travel Time Ruling Has Far-Reaching Implications

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    In a case of first impression, the Seventh Circuit’s recent holding in Walters v. Professional Labor Group will have significant implications for employers that must now provide travel time compensation for employees on overnight assignments away from home, says Anthony Sbardellati at Akerman.

  • Pa. Ruling Highlights Challenges Of Employer Arb. Appeals

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    A Pennsylvania federal court's recent ruling in Welch Foods v. General Teamsters Local Union No. 397 demonstrates the inherent difficulties employers face when seeking relief from labor arbitration decisions through appeals in court — and underscores how employers are faced with often conflicting legal priorities, says Daniel Johns at Cozen O'Connor.

  • 7 Ways To Prepare For An I-9 Audit Or Immigration Raid

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    Because immigration enforcement is likely to surge under the upcoming Trump administration, employers should take steps to ensure their staff is trained in employment eligibility verification requirements and what to do in the event of an Immigration and Customs Enforcement I-9 audit or workplace raid, say attorneys at Littler.

  • Args In 2 High Court Cases May Foretell Clarity For Employers

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    Mary Anna Brand at Maynard Nexsen examines possible employment implications of two cases argued before the Supreme Court this fall, including a higher bar for justifying employees as overtime exempt under the Fair Labor Standards Act, and earlier grants of prevailing party status for employee-plaintiffs seeking attorney fees.

  • California Supreme Court's Year In Review

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    Attorneys at Horvitz & Levy highlight notable decisions on major questions from the California Supreme Court's last term, including voter initiatives, hostile work environment and the economic loss rule.

  • Disentangling Various Forms Of Workplace Discrimination

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    Pay inequity can be missed where it exists and misidentified due to incorrect statistics, leaving individuals to face multiple facets of discrimination connected by a common root cause, meaning correct identification and measurement is crucial, says Daniel Levy at Advanced Analytical.

  • What Lawyers Can Learn From High School AI Suit

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    A pending Massachusetts lawsuit regarding artificial intelligence use in an academic setting underscores the need for attorneys to educate themselves on AI technology and tools that affect their clients so they can advise on establishing clear expectations and limits around the permissible use of AI, say attorneys at Hinckley Allen.

  • Calif. Ruling May Shield Public Employers From Labor Claims

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    In Stone v. Alameda Health System, the California Supreme Court recently exempted a county hospital from state-mandated rest breaks and the Private Attorneys General Act, granting government employers a robust new bulwark against other labor statutes by undermining an established doctrine for determining if a law applies to public entities, say attorneys at Hunton.

  • Best Practices For Effective Employee Assistance Programs

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    Employee assistance programs can be a powerful tool for establishing health and wellness initiatives in workplaces, and certain implementation steps can help both employers and workers gain maximum benefit from EAPs, say attorneys at Foley & Lardner.

  • Series

    Flying Makes Me A Better Lawyer

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    Achieving my childhood dream of flying airplanes made me a better lawyer — and a better person — because it taught me I can conquer difficult goals when I leave my comfort zone, focus on the demands of the moment and commit to honing my skills, says Ivy Cadle at Baker Donelson.

  • NLRB One-Two Punch Curbs Employer Anti-Organizing Tools

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    The National Labor Relations Board’s recent decisions in Siren Retail and Amazon, limiting employer speech about the impact of unionization and outlawing captive audience meetings, severely curtail employers' arsenal of tools to combat an organizing campaign — though this may soon change under a new administration, say attorneys at Benesch.

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