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Employment
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October 06, 2025
Morgan Stanley Race Bias Suit In NY Closed After Settlement
A decade-old suit accusing Morgan Stanley of discriminating against its African American financial advisers and depriving them of lucrative opportunities has come to a close after the final plaintiff reached a settlement with the financial institution.
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October 06, 2025
2nd Circ. Declines To Reconsider NFL Arbitration Decision
The Second Circuit on Monday declined the NFL's request to reconsider its finding that the league offers arbitration "in name only" and that it cannot force fired Miami Dolphins head coach Brian Flores to arbitrate his racial discrimination claims.
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October 06, 2025
Unions Ask Court To Save Fed. Workers' Jobs Amid Shutdown
A California federal judge should block the Trump administration from carrying out its threats to use the government shutdown as an occasion to fire another large swath of federal workers, two unions argued, requesting a temporary restraining order that would protect the jobs of the federal workers they represent.
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October 06, 2025
6th Circ. Backs Firing Over Graffiti, Rejects Bias Claims
The Sixth Circuit on Monday upheld the dismissal of a fired delivery driver's claim that his employer used allegations he painted crass graffiti on trusses as a facade to let him go for making a disability claim, finding no strong link between his workers' compensation request and his later termination.
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October 06, 2025
Labor, Energy Groups Challenge EPA's $7B Solar Cancellation
A coalition of the labor and solar energy industry players on Monday alleged the U.S. Environmental Protection Agency violated the Constitution and federal law by canceling a $7 billion program providing solar equipment to low-income households.
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October 06, 2025
Pa. Hospitals Ink $28.5M Deal In No-Poach Deal Antitrust Fight
Two hospitals will pay a combined total of $28.5 million to approximately 12,000 healthcare workers who alleged the defendants illegally agreed not to poach each other's doctors and nurses, which suppressed wages and job mobility opportunities in the area, according to a preliminary approval motion filed Friday in Pennsylvania federal court.
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October 06, 2025
SkyWest Group Fights To Keep AFA-CWA Counterclaims
A nonunion employee organization at SkyWest urged a Utah federal court to preserve its counterclaims accusing the Association of Flight Attendants, a union organizer and former flight attendants of conspiring to violate the federal Computer Fraud and Abuse Act in their organizing efforts, arguing that the group adequately pled its claims.
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October 06, 2025
Amtrak Settles Black Worker's Bias Suit Alleging Union Snubs
Amtrak and a labor union have agreed to settle a Black conductor's suit alleging she was blocked from securing senior union committee assignments out of bias against her race, age and gender, according to a Monday docket entry in Connecticut federal court.
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October 06, 2025
Meta Accused Of Retaliation In Pregnancy Discrimination Suit
A former manager for Meta claims in a lawsuit filed in California federal court Friday that the company discriminated against her for pregnancy-related leave, giving her unfair reviews and overloading her with work before firing her weeks after she reported bias to the human resources department.
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October 06, 2025
Iron Hill Brewery Chain Hits Ch. 7 After Closing Restaurants
Restaurant chain Iron Hill Brewery filed for Chapter 7 protection in New Jersey court about 10 days after it abruptly closed all of its locations and told employees it would be pursuing bankruptcy.
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October 06, 2025
Justices Deny Cert. In Uber Wrongful Death, Sex Assault Suits
The U.S. Supreme Court Monday denied Uber's petition for review of two Ninth Circuit rulings holding it had a duty of care, one in a wrongful death case brought by a murdered driver's family and the other from a woman who was sexually assaulted by a suspended driver.
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October 06, 2025
Ex-Aldi Employee Accuses Grocery Chain Of Retaliation
Supermarket chain Aldi targeted and wrongfully fired a former risk analyst because of her disability that at times caused her to have anxiety attacks, according to a lawsuit in Illinois federal court.
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October 06, 2025
Puerto Rico Finance Board Members' Removal Paused
A federal district court judge blocked President Donald Trump's removal of three members of the Financial Oversight and Management Board for Puerto Rico who had accused the president of illegally firing them without cause.
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October 06, 2025
High Court Won't Take Up Md. Retirees' Drug Benefits Suit
The U.S. Supreme Court on Monday refused to review a Fourth Circuit decision concluding that Maryland wasn't contractually bound to provide benefits to employees upon retirement, turning away a case that challenged the state's transition of retirees' prescription drug benefits from a state subsidy to Medicare.
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October 06, 2025
NJ Justices Seem Skeptical Wage Law Excludes Immigrants
The New Jersey Supreme Court appeared skeptical Monday that a worker can't bring state wage and hour claims because he is an unauthorized immigrant, as an appellate court had found, and grilled a realty management company's attorney about the source of an argument.
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October 06, 2025
Catching Up With Delaware's Chancery Court
Last week, the owner of the Kentucky Derby was hit with a suit accusing it of withholding escrow funds for environmental compliance violations owed under a 2022 deal with hospitality company Enchantment Holdings LLC.
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October 06, 2025
Ed Dept. Used Worker Emails For Shutdown Politics, Suit Says
The U.S. Department of Education violated its workers' freedom of speech by altering their out-of-office email messages to blame the government shutdown on Democrats, the workers' union claimed in a complaint filed in Washington, D.C., federal court.
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October 06, 2025
Atty Awarded $203K In ADA Suit Over Alcoholism Relapse
A federal judge in Washington state has confirmed a $203,523 JAMS arbitration award issued to a Seattle-area lawyer, permanently ending the attorney's disability bias suit against a personal injury firm he alleged fired him over an alcoholism relapse.
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October 06, 2025
Justices Won't Review EFAA's Effect On Wage Claims
The U.S. Supreme Court rejected on Monday an invitation to consider whether the 3-year-old Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act can also push workers' wage and hour claims into federal court.
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October 06, 2025
Social Security Chief Adds Duties As Inaugural CEO Of IRS
The current administrator of the Social Security Administration is adding a new role as the Internal Revenue Service's first chief executive officer, Treasury Secretary Scott Bessent announced Monday.
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October 06, 2025
Amazon Fails To Pay Area Managers Overtime, Court Told
Amazon misclassified area managers as overtime-exempt even though they mostly worked on handling packages, leading to unpaid overtime, a former employee said in a proposed class action now removed to Washington federal court.
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October 06, 2025
8th Circ. Revives Part Of Legal Tech Worker's OT Dispute
The Eighth Circuit said in a published opinion Monday that the Minnesota federal district court must reexamine whether it has jurisdiction over an employee at legal document review company Consilio's pursuit of statutory damages for unpaid overtime under the Minnesota Fair Labor Standards Act.
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October 06, 2025
Justices Skip Unpaid Texas Tech Mentor's Retaliation Suit
The U.S. Supreme Court declined on Monday to review a former Texas Tech University graduate research assistant's suit alleging she lost an unpaid mentor position for complaining about a professor's sexual harassment, leaving intact the Fifth Circuit's finding that she wasn't technically an employee.
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October 06, 2025
High Court Won't Weigh NLRB 'Substantial Evidence' Standard
The U.S. Supreme Court will not take up an Oregon distillery's challenge to how federal courts weigh whether to affirm National Labor Relations Board decisions, declining Monday to place a case on its docket that questioned what is known as the substantial evidence standard of review.
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October 06, 2025
Justices Won't Review 5th Circ. Ending ACA Trans Policy Suit
The U.S. Supreme Court on Monday declined to review the Fifth Circuit's decision to shut down a challenge to a Biden-era interpretation of the Affordable Care Act's nondiscrimination-in-healthcare policy as also protecting against gender identity bias, which an appellate panel told a Texas court to dismiss in December.
Expert Analysis
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Challenges Law Firms Face In Recruiting Competitor Teams
Since the movement of lawyer teams from a competitor can bring legal considerations and commercial risks into play, both the target and recruiting firms should be familiar with the relevant limited liability partnership deed to protect their business, say lawyers at Fox & Partners.
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Series
Playing Soccer Makes Me A Better Lawyer
Soccer has become a key contributor to how I approach my work, and the lessons I’ve learned on the pitch about leadership, adaptability, resilience and communication make me better at what I do every day in my legal career, says Whitney O’Byrne at MoFo.
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Forced Labor Bans Hold Steady Amid Shifts In Global Trade
As businesses try to navigate shifting regulatory trends affecting human rights and sustainability, forced labor import bans present a zone of relative stability, notwithstanding outstanding questions about the future of enforcement, say attorneys at Simpson Thacher.
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Grappling With Workforce-Related Immigration Enforcement
To withstand the tightening of workforce-related immigration rules and the enforcement uptick we are seeing in the U.S. and elsewhere, companies must strike a balance between responding quickly to regulatory changes, and developing proactive strategies that minimize risk, say attorneys at Fragomen.
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Series
Law School's Missed Lessons: Learning From Failure
While law school often focuses on the importance of precision, correctness and perfection, mistakes are inevitable in real-world practice — but failure is not the opposite of progress, and real talent comes from the ability to recover, rethink and reshape, says Brooke Pauley at Tucker Ellis.
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How Courts Are Addressing The Use Of AI In Discovery
In recent months, several courts have issued opinions on handling discovery issues involving artificial intelligence, which collectively offer useful insights on integrating AI into discovery and protecting work product in connection with AI prompts and outputs, says Philip Favro at Favro Law.
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Trans Bias Suits Will Persist Despite EEOC's Shifting Priorities
In U.S. Equal Employment Opportunity Commission v. Sis-Bro, an Illinois federal court let a transgender worker intervene in a bias suit that the EEOC moved to dismiss, signaling that the agency's pending gender identity-related actions will carry on even as its priorities shift to align with the new administration, say attorneys at Venable.
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Series
Adapting To Private Practice: From ATF Director To BigLaw
As a two-time boomerang partner, returning to BigLaw after stints as a U.S. attorney and the director of the Bureau of Alcohol, Tobacco, Firearms and Explosives, people ask me how I know when to move on, but there’s no single answer — just clearly set your priorities, says Steven Dettelbach at BakerHostetler.
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Reverse Bias Rulings Offer Warning About DEI Quotas
Several recent holdings confirm that targeted or quota-based diversity programs can substantiate reverse discrimination claims, especially when coupled with an adverse action, so employers should exercise caution before implementing such policies in order to mitigate litigation risk, says Noah Bunzl at Tarter Krinsky.
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4 In-Flux Employment Law Issues Banks Should Note
Attorneys at Ogletree provide a midyear update on employment law changes that could significantly affect banks and other financial service institutions — including federal diversity equity and inclusion updates, and new and developing state and local artificial intelligence laws.
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New DOJ Penalty Policy Could Spell Trouble For Cos.
In light of the U.S. Department of Justice’s recently published guidance making victim relief a core condition of coordinated resolution crediting, companies facing parallel investigations must carefully calibrate their negotiation strategies to minimize the risk of duplicative penalties, say attorneys at Debevoise.
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Mulling Worker Reclassification In Light Of No Tax On OT
The One Big Beautiful Bill Act's no-tax-on-overtime provisions provide tax relief for employees who regularly work overtime and are nonexempt from the Fair Labor Standards Act, but reclassifying employees may lead to higher compliance costs and increased wage and hour litigation for employers, says Steve Bronars at Edgeworth Economics.
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7 Ways Employers Can Avoid Labor Friction Over AI
As artificial intelligence use in the workplace emerges as a key labor relations topic in the U.S. and Europe, employers looking to reduce reputational risk and prevent costly disputes should consider proactive strategies to engage with unions, say attorneys at Baker McKenzie.
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Series
Playing Baseball Makes Me A Better Lawyer
Playing baseball in college, and now Wiffle ball in a local league, has taught me that teamwork, mental endurance and emotional intelligence are not only important to success in the sport, but also to success as a trial attorney, says Kevan Dorsey at Swift Currie.
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What Cos. Must Note From EU's Delivery Hero-Glovo Ruling
The European Commission’s recent landmark decision in Delivery Hero-Glovo, sanctioning companies for the first time over a stand-alone no-poach cartel agreement, underscores the potential antitrust risks of horizontal cross-ownership between competitors, say lawyers at McDermott.