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Employment
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August 12, 2025
Paralegal's Bias Suit Fails To Show ADA Violation, Firm Says
The Driscoll Firm PC, which was accused of unfairly firing a paralegal after she disclosed her cancer recurrence, told a North Carolina federal court it should be freed from the lawsuit because the former worker didn't allege she was guaranteed protection under several federal laws.
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August 11, 2025
Shepherds' Wage-Fixing Suit Survives Another Dismissal Bid
A Nevada federal court has rejected a ranching association's latest attempt to claim immunity from a proposed class action accusing the association and its members of conspiring to suppress the wages of sheepherders who are working on temporary visas.
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August 11, 2025
$63M Trade Secrets Suit Over DOD Software Axed
A Virginia federal judge Monday axed what remained of a former technology company employee's lawsuit seeking $63 million over claims that unauthorized copies of his software were used to develop an alternative software for the U.S. Department of Defense.
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August 11, 2025
2nd Circ. Revives Ex-Fed Worker's COVID Vax Exemption Suit
The Second Circuit has revived a former employee's claims against the Federal Reserve Bank of New York over its COVID-19 vaccination requirement, saying Monday there was a disputed issue of fact over whether the executive assistant had a genuine religious objection.
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August 11, 2025
Philly Cop Not Too Late To Seek Benefits For Mental Health
A Philadelphia police officer who was beaten by a suspect while responding to a robbery call can add post-traumatic stress disorder and depression to his existing workers' compensation claims, with the Commonwealth Court ruling that it was permissible since the symptoms were not identified as compensable until after the original claim was filed.
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August 11, 2025
4th Circ. Revives Union Member's Bid To Sue Machinists
A divided Fourth Circuit panel has given a union member another shot at accusing the International Association of Machinists' president and secretary-treasurer of misusing IAM funds on personal travel, saying Monday that she took the necessary steps to raise the matter internally before filing suit.
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August 11, 2025
What To Watch In Mega Union Pacific-Norfolk Southern Tie-Up
Union Pacific and Norfolk Southern's bold plan to create the nation's first transcontinental railroad owned by a single firm would transform freight transportation in the U.S., but it must first clear a heightened standard for reviewing mega rail mergers that hasn't yet been tested since the standard was set 24 years ago.
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August 11, 2025
DOJ Touts Merger, Rental Algorithm Deals, Eyeing More
The head of the U.S. Department of Justice's Antitrust Division on Monday touted two recent settlements, in a merger case and in the RealPage algorithmic rent-fixing litigation, as indications that Trump administration enforcers will focus on algorithm-based price-fixing and are willing to "negotiate favorable settlements."
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August 11, 2025
Ex-Market Basket Execs Accused Of Flouting Stay-Away Order
Two high-level Market Basket executives fired last month amid a struggle over control of the popular New England grocery chain have made dozens of improper visits to the stores in a campaign to intimidate employees into going along with plans for another work stoppage, according to a complaint filed by the company on Monday in Massachusetts state court.
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August 11, 2025
Split 8th Circ. Revives Minn. Suit Over Union Leave
The Eighth Circuit on Monday revived a First Amendment challenge to a Minnesota school district policy that allows teachers to take paid leave to work for their union, saying the district spending public funds on benefits for teachers engaged in political actions gave residents standing to sue as taxpayers.
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August 11, 2025
Posner Accuser Wants Roberts To Pick Judges For Wage Case
The pro se plaintiff seeking to revive wage claims against retired Seventh Circuit Judge Richard A. Posner has filed an opposed motion asking the circuit's chief judge to request U.S. Chief Justice John Roberts assign out-of-circuit judges to preside over the case, arguing the circuit judges cannot be impartial.
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August 11, 2025
Charlotte Housing Authority Seeks To Split Bias Trial In Two
Charlotte's public housing authority Inlivian asked a North Carolina federal judge Monday to divvy up a former coordinator's upcoming workplace retaliation and discrimination trial into two parts so punitive damages are resolved separately.
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August 11, 2025
WWE Accuser Can Get Doctor's Records, But Not Depositions
The former World Wrestling Entertainment Inc. legal staffer who is suing the company on sex trafficking and abuse claims can access medical and billing records from her visits to a celebrity doctor, but she can't conduct any depositions without filing a separate lawsuit, a Connecticut state court judge ruled Monday.
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August 11, 2025
EPA Cancels Union Contracts Under Trump Order
The U.S. Environmental Protection Agency has canceled its collective bargaining agreements in line with President Donald Trump's directive to dozens of agencies to stop recognizing their workers' unions, which he said was to protect national security.
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August 11, 2025
Nestlé Faces Suit Over Alleged Child Labor In Supply Chain
A human rights group is claiming Nestlé has known of child labor being used throughout its West African cocoa supply chain and yet still marketed its "zero tolerance to child labor" policy in a new suit moved to D.C. federal court Friday.
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August 11, 2025
Fisher Phillips Adds Back Kahana Feld Labor Atty In Calif.
Fisher Phillips is expanding its West Coast team, announcing Monday a Kahana Feld LLP labor and employment ace is returning to the firm as a partner its Orange County office in Irvine, California.
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August 11, 2025
Fired PGA Tour Reporter Says Vaccine, Mask Objections Legit
A former PGA Tour on-air talent, who was terminated for not complying with COVID-19 protocols, has told a Florida federal court that a trial is the appropriate vehicle through which to analyze whether her religious objections were "bona fide," and that the question cannot be addressed at the summary judgment stage.
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August 11, 2025
NJ Says Subpoenas In Judge's Removal Suit Directly Relevant
New Jersey urged a state court to reject a bid by a former workers' compensation judge to quash its subpoenas in her suit over her removal from the bench, arguing that the material is directly relevant to its defenses.
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August 11, 2025
6th Circ. Bucks EEOC With Strict View On Client Harassment
An employer can only be held liable for a customer's harassment of an employee if the company intended for the misconduct to happen, the Sixth Circuit ruled, a strict stance that breaks with long-standing U.S. Equal Employment Opportunity Commission guidelines and other circuit case law.
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August 08, 2025
Fired Copyright Office Director Takes Fight For Job To DC Circ.
The ousted head of the U.S. Copyright Office brought the fight over President Donald Trump's termination of her to the D.C. Circuit on Thursday, where she asked for an emergency injunction to reinstate her while she challenges her "patently unlawful removal."
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August 08, 2025
Feds Aim To Dismiss ABA's 'Law Firm Intimidation Policy' Suit
The Trump administration on Friday asked a Washington, D.C., federal judge to throw out a lawsuit from the American Bar Association claiming the federal government has launched an unconstitutional war of intimidation against lawyers and law firms.
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August 08, 2025
Employment Authority: Recap Of 5 Major Wage-Hour Deals
Law360 Employment Authority covers the biggest employment cases and trends. Catch up this week with coverage on a more than $200 million minimum wage settlement involving Disneyland and other major wage-and-hour deals at this point in 2025, a look at how a recent opinion from a divided Seventh Circuit panel shows judges' varying interpretations the U.S. Supreme Court's Groff ruling and the potential shifts in collection and reporting of union membership data after President Trump's firing of the Bureau of Labor Statistics commissioner.
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August 08, 2025
Trans Ex-Teacher Says His Fla. Constitution Claims Are Valid
A transgender former teacher has opposed a county school district's bid to toss his Florida federal court lawsuit claiming he was forced to quit after a new law required him to use incorrect pronouns at work, saying his suit should go forward under the state constitution.
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August 08, 2025
Tesla Ousted HR Workers Who Flagged Race Bias, Suit Says
Five former human resources workers and one former security employee at Tesla's beleaguered Fremont, California, facility said in a new lawsuit that higher-ups systemically punished employees who pushed back against racist and other discriminatory behavior at the plant.
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August 08, 2025
NY Judge Declines Monetary Sanctions Over Fake AI Citations
A New York magistrate judge has declined to impose monetary sanctions on attorneys for submitting a brief containing fake citations generated by artificial intelligence in a school employment dispute, finding that the mistake was unintentional and caused by an attorney grieving the recent death of her husband.
Expert Analysis
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How To Navigate NYC's Stricter New Prenatal Leave Rules
On top of the state's prenatal leave law, New York City employers now face additional rules, including notice and recordkeeping requirements, and necessary separation from sick leave, so employers should review their policies and train staff to ensure compliance with both laws, say attorneys at BakerHostetler.
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A Simple Way Courts Can Help Attys Avoid AI Hallucinations
As attorneys increasingly rely on generative artificial intelligence for legal research, courts should consider expanding online quality control programs to flag potential hallucinations — permitting counsel to correct mistakes and sparing judges the burden of imposing sanctions, say attorneys at Lankler Siffert & Wohl and Connors.
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Viral Coldplay Incident Shows Why Workplace Policies Matter
The viral kiss cam incident at a recent Coldplay concert involving a CEO and a human resources executive raises questions about how employers can use their code of conduct or morality clauses to address off-the-clock behavior that may be detrimental to the company's reputation, says Masood Ali at Segal McCambridge.
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Cos. Must Tailor Due Diligence As Trafficking Risks Increase
As legislators, prosecutors and plaintiffs attorneys increasingly focus on labor and sex trafficking throughout the U.S., companies must tailor their due diligence strategies to protect against forced labor trafficking risks in their supply chains, say attorneys at Steptoe.
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Series
Creating Botanical Art Makes Me A Better Lawyer
Pressing and framing plants that I grow has shown me that pursuing an endeavor that brings you joy can lead to surprising benefits for a legal career, including mental clarity, perspective and even a bit of humility, says Douglas Selph at Morris Manning.
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What To Expect As Calif. Justices Weigh Arbitration Fee Law
If the California Supreme Court’s upcoming ruling in Hohenshelt v. Superior Court holds that the Federal Arbitration Act does not preempt the California Arbitration Act's strict fee deadlines, employers and businesses could lose the right to arbitrate over minor procedural delays, say attorneys at Bird Marella.
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New Federal Worker Religious Protections Test All Employers
A recent Trump administration memorandum expanding federal employees' religious protections raises tough questions for all employers and signals a larger trend toward significantly expanding religious rights in the workplace, say attorneys at Seyfarth.
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Compliance Is A New Competitive Edge For Mortgage Lenders
So far, 2025 has introduced state and federal regulatory turbulence that is pressuring mortgage lenders to reevaluate the balance between competitive and compliant employee and customer recruiting practices, necessitating a compliance recalibration that prioritizes five key strategies, say attorneys at Mitchell Sandler.
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Noncompete Forecast Shows Tough Weather For Employers
Several new state noncompete laws signal rough conditions for employers, particularly in the healthcare sector, so employers must account for employees' geographic circumstances as they cannot rely solely on choice-of-law clauses, say lawyers at McDermott.
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Opinion
The Legal Education Status Quo Is No Longer Tenable
As underscored by the fallout from California’s February bar exam, legal education and licensure are tethered to outdated systems, and the industry must implement several key reforms to remain relevant and responsive to 21st century legal needs, says Matthew Nehmer at The Colleges of Law.
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Opinion
Calif. Must Amend Trade Secret Civil Procedure
A California procedural law that effectively shields trade secret defendants from having to return company materials until the plaintiff can craft detailed requests must be amended to recognize that property recovery and trade secret analysis are distinct issues, says Matthew Miller at Hanson Bridgett.
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E-Discovery Quarterly: Rulings On Relevance Redactions
In recent cases addressing redactions that parties sought to apply based on the relevance of information — as opposed to considerations of privilege — courts have generally limited a party’s ability to withhold nonresponsive or irrelevant material, providing a few lessons for discovery strategy, say attorneys at Sidley.
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Navigating Administrative Exhaustion In EEOC Charges
Excerpt from Practical Guidance
Before responding to a U.S. Equal Employment Opportunity Commission charge, employers should understand the process of exhausting administrative remedies and when it applies, and consider several best practices, such as preserving records and crafting effective position statements, says Matthew Gagnon at Ogletree.
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Opinion
Section 1983 Has Promise After End Of Nationwide Injunctions
After the U.S. Supreme Court recently struck down the practice of nationwide injunctions in Trump v. Casa, Section 1983 civil rights suits can provide a better pathway to hold the government accountable — but this will require reforms to qualified immunity, says Marc Levin at the Council on Criminal Justice.
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Corp. Human Rights Regulatory Landscape Is Fragmented
Given the complexity of compliance with nations' overlapping human rights laws, multinational companies need to be cognizant of the evolving approaches to modern slavery transparency, and proposals that could reduce mandatory due diligence and reporting requirements, say attorneys at Simpson Thacher.