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Employment
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June 30, 2025
Justices Decline To Hear Ex-Tesla Worker's Whistleblower Suit
The U.S. Supreme Court on Monday declined to take up a petition filed by a former Tesla employee who claimed he was retaliated against for reporting various forms of alleged misconduct at a Nevada factory to both company management and the U.S. Securities and Exchange Commission.
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June 30, 2025
High Court Turns Away Fired Christian Workers' Vax Bias Case
The U.S. Supreme Court on Monday declined to review a Third Circuit ruling that shuttered Christian workers' suits claiming a healthcare system illegally fired them for opposing its COVID-19 vaccine mandate, despite the workers' assertions that the opinion improperly constricted their religious rights.
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June 30, 2025
Trump Administration Says Harvard Violated Civil Rights Law
The Trump administration on Monday informed Harvard University that it had run afoul of federal civil rights law by failing to protect Jewish and Israeli students on campus from harassment, and threatened to cut all funding from the nation's oldest university.
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June 30, 2025
Justices Undo Patients' Win In Gender-Affirming Care Fight
The U.S. Supreme Court on Monday struck down a Fourth Circuit decision that preserved access to gender-affirming care under two state-run health plans, telling the lower court to consider a recent decision by the justices that upheld a Tennessee law limiting treatments for young transgender people.
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June 30, 2025
Justices Turn Away Fired Teacher's Prehire Speech Case
The U.S. Supreme Court declined on Monday to review a Massachusetts high school teacher's claim that individuals' speech rights should extend to things they say before being hired to a public job, though Justice Clarence Thomas wrote to express dismay with the First Circuit's approach toward controversial political commentary.
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June 30, 2025
Justices Will Review Union Fund's Withdrawal Liability Math
The U.S. Supreme Court took up a fight Monday over the correct way to calculate how much employers must pay when they withdraw from multiemployer retirement plans, granting an employer-side petition for review of a D.C. Circuit decision favoring a machinists' union.
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June 27, 2025
Trump's Susman Godfrey 'Sword Of Damocles' Order Tossed
A Washington, D.C., federal judge Friday struck down as unconstitutional President Donald Trump's executive order targeting Susman Godfrey LLP, saying it was issued in retaliation for the firm's representation of clients and causes with which the president disagrees, while hanging "like the sword of Damocles" over the BigLaw firm.
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June 27, 2025
Logging Co. Cleared In $73M Trial Over Firefighter's Death
A jury cleared R&T Logging of Oregon Inc. of liability Friday in a $73 million trial over the death of a firefighter and EMT in an accident in which an employee of the logging company's trucking partner was driving drunk.
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June 27, 2025
DOD's Pot Questions Violate 5th Amendment, Contractor Says
A former defense contractor who was denied security clearance because he refused to say if he had consumed marijuana during a specific time period is suing the U.S. Department of Defense, alleging it violated his constitutional right against self-incrimination.
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June 27, 2025
Employment Authority: Unions In NCAA Post Revenue Deal
Law360 Employment Authority covers the biggest employment cases and trends. Catch up this week with coverage on the impact to unionization campaigns for NCAA athletes after final approval of a $2.78 billion class action settlement permitting revenue sharing, what the acting chair of the Equal Employment Opportunity Commission may tackle once the agency's quorum is restored, and the status of some Biden-era wage and hour rules.
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June 27, 2025
Crypto Co. CEO Sued Over Alleged Sex Assault, Retaliation
The CEO of blockchain platform Mask Network has been hit with a suit in New Jersey federal court from a former employee at his affiliated payroll company alleging he sexually assaulted her during a work trip, fired her after she raised concerns about millions in unreported cryptocurrency transactions, and withdrew sponsorship of her U.S. green card.
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June 27, 2025
Google Fired Worker For Taking Medical Leave, Suit Claims
A former Google employee said she was discriminated against and fired for taking approved medical leave, according to a lawsuit filed in Washington state court.
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June 27, 2025
DC Circ. Backs NLRB Ruling In GWU Hospital Bargaining Case
The D.C. Circuit on Friday upheld a National Labor Relations Board ruling finding George Washington University Hospital bargained in bad faith with a Service Employees International Union local, saying evidence supported the board's conclusion that the hospital did not expect its proposals to lead to an agreement.
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June 27, 2025
Sam's Club Lifting Work Caused Miscarriage, Ex-Worker Says
Sam's Club has been sued in Georgia federal court by a former employee who is alleging she suffered a miscarriage after the retailer failed to accommodate work restrictions related to her attempt to become pregnant through in vitro fertilization by making her do heavy lifting work.
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June 27, 2025
Judge Lets DOGE Access Go On But Cites 'Grave' Concerns
A D.C. federal judge Friday voiced his "grave" concerns about the White House's Department of Government Efficiency obtaining personal information, but the district court declined to stop the U.S. Department of Labor and U.S. Department of Health and Human Services from giving this access.
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June 27, 2025
NC Appeals Court Urged To Back Firing Of General Counsel
North Carolina's body of independent administrative law judges is urging the state appeals court to reject its former general counsel's bid to revive his claims that his politics got him fired, arguing that his position is exempt from certain workplace protections.
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June 27, 2025
7th Circ. Says Union Backed Worker Who Claimed Bias
The Seventh Circuit on Friday affirmed a decision dismissing a Black elevator mechanic's claims that his union mishandled his firing challenge, saying the union treated him fairly by winning his case despite his qualms with its strategy.
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June 27, 2025
Jury Adds $30M More To Fleet Tech Co.'s Trade Theft Trial Win
An Illinois federal jury on Friday more than doubled the $28.9 million in damages it awarded a day earlier to a fleet management technology firm after finding a garbage truck manufacturer poached its former executive and capitalized on stolen trade secrets, slapping a $30 million punitive award atop the initial verdict.
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June 27, 2025
Walmart Crime Record Checks Harm Black Workers, Suit Says
Walmart shirked civil rights law by using criminal background checks that screened out Black workers who wanted to be rehired for roles they previously held after the retail behemoth took over management of an Illinois distribution center, according to a new suit filed in federal court.
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June 27, 2025
DOL Says No More Liquidated Damages In Wage-Hour Probes
The U.S. Department of Labor said Friday it would no longer seek liquidated damages in wage and hour investigations, marking a shift away from its approach under the Biden administration.
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June 27, 2025
Court Urged To Push Ex-GC To Provide Co. Laptop Password
E-commerce company Storehouse In A Box has asked a federal judge in Michigan to issue a preliminary injunction and temporary restraining order against its former general counsel and chief operating officer, arguing he refused to give the company access to a laptop that the company provided and used the company's trade secrets for his benefit.
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June 27, 2025
Contractor Must Face OT Suit Over Fringe Benefits Payments
A federal contractor cannot escape a lawsuit accusing it of failing to include cash in lieu of benefits payments in overtime pay calculations, a California federal judge ruled, saying the firm failed to show that the fringe benefits payments should be exempt from the regular rate of pay.
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June 27, 2025
DC Judge Says Teen Health Projects Can 'Shutter' Temporarily
Five Planned Parenthood affiliates will not be irreparably harmed by changes to federal guidance for teen health programs instructing grantees to demonstrate alignment with executive orders from the Trump administration rejecting transgender identity and diversity programs, a D.C. federal judge has ruled.
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June 27, 2025
Conn. Firm Wins Bias Suit Appeal By Fired Legal Assistant
Connecticut law firm Whitman Breed Abbott & Morgan LLC on Friday prevailed in an appeal brought by a former legal assistant who claimed she was wrongly fired for seeking to work entirely from home during the COVID-19 pandemic, with a three-judge panel holding that her proposed accommodation was not reasonable.
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June 27, 2025
Off The Bench: Tatis Says Loan 'Predatory,' Tennis Player Suit
In this week's Off The Bench, a Major League Baseball star wants out of a "predatory" loan from a future earnings investment company, a group of migrant workers keep alive their suit accusing companies that helped develop World Cup facilities in Qatar of exploitation and abuse, and the tennis Grand Slam tournaments may be in the crosshairs of players suing the sport's hierarchy.
Expert Analysis
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Addressing PFAS Risks In Public Company Disclosures
As individual lawsuits and class actions over PFAS risks spanning multiple sectors and products increase, and rapidly evolving and often unclear regulatory initiatives on both the federal and state levels proliferate, it's more important than ever for companies to know how and when to complete PFAS-related disclosures, say attorneys at Venable.
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Takeaways From DOJ's Latest FCA Customs Fraud Intervention
The U.S. Department of Justice's recent intervention in a case alleging customs-related reverse False Claims Act fraud underlines the government’s increased scrutiny of, and importers’ corresponding exposure from, information related to product classification, country of origin and pricing, say attorneys at Bass Berry.
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4 Trends Responsible For Declining FLSA Filings
In 2024, the number of Fair Labor Standards Act claims filed in federal courts continued to decrease, reflecting a steady decline in federal FLSA filings since 2015 due to a few trends, including increased compliance and presuit resolution, say attorneys at Seyfarth.
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Crisis Management Lessons From The Parenting Playbook
The parenting skills we use to help our kids through challenges — like rehearsing for stressful situations, modeling confidence and taking time to reset our emotions — can also teach us the fundamentals of leading clients through a corporate crisis, say Deborah Solmor at the Wisconsin Alumni Research Foundation and Cara Peterman at Alston & Bird.
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When Physical And Cyber Threats Converge: 6 Tips For Cos.
Amid an ongoing trend of increased digital threats of harm made against corporations, organizations and high-profile individuals, an emerging legal framework is providing a risk management road map for general counsel and their teams to navigate the increasingly fraught landscape, say attorneys at Covington.
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4 Ways To Leverage A Jury's Underdog Perceptions
Counsel should consider how common factors that speak to their client's size, power, past challenges and alignment with jurors can be presented to try and paint their client as a sympathetic underdog, says Ken Broda-Bahm at Persuasion Strategies.
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Wash. Justices' Moonlight Ruling Should Caution Employers
The Washington Supreme Court's recent decision in David v. Freedom Vans, which limited when employers can restrict low-wage workers from moonlighting, underscores the need for employers to narrowly tailor restrictive covenants, ensuring that they are reasonable and allow for workforce mobility, say attorneys at Perkins Coie.
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Why Hiring Former Jurors As Consultants Can Be Risky
The defense team's decision to hire former juror Victoria George in the high-profile retrial of Karen Read shines a spotlight on this controversial strategy, which raises important legal, ethical and tactical questions despite not being explicitly prohibited, says Nikoleta Despodova at ND Litigation.
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Series
Adapting To Private Practice: From NY Fed To BigLaw
While the move to private practice brings a learning curve, it also brings chances to learn new skills and grow your network, requiring a clear understanding of how your skills can complement and contribute to a firm's existing practice, and where you can add new value, says Meghann Donahue at Covington.
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Trump's 1st 100 Days Show That Employers Must Stay Nimble
Despite the aggressive pace of the Trump administration, employers must stay abreast of developments, including changes in equal employment opportunity law, while balancing state law considerations where employment regulations are at odds with the evolving federal laws, says Susan Sholinsky at Epstein Becker.
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Combs Case Reveals Key Pretrial Scheduling Strategies
The procedural battles over pretrial disclosure deadlines leading up to the criminal trial of Sean “Diddy” Combs show how disclosure timing can substantially affect defendants’ ability to prepare and highlight several scheduling pointers for defense counsel, says Sara Kropf at Kropf Moseley.
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Top 3 Litigation Finance Deal-Killers, And How To Avoid Them
Like all transactions, litigation finance deals can sometimes collapse, but understanding the most common reasons for failure, including a lack of trust or a misunderstanding of deal terms, can help both parties avoid problems, say Rebecca Berrebi at Avenue 33 and Boris Ziser at Schulte Roth.
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How Attys Can Use A Therapy Model To Help Triggered Clients
Attorneys can lean on key principles from a psychotherapeutic paradigm known as the "Internal Family Systems" model to help manage triggered clients and get settlement negotiations back on track, says Jennifer Gibbs at Zelle.
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A Closer Look At Amendments To Virginia Noncompete Ban
Recently passed amendments in Virignia will prohibit noncompetes for all employees who are eligible for overtime pay under federal law, and though the changes could simplify employers’ analyses as to restrictive covenant enforceability, it may require them to reassess and potentially adjust their use of noncompetes with some workers, say attorneys at McGuireWoods.
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How Attorneys Can Make The Most Of A Deposition Transcript
With recent amendments to federal evidence rules now in effect, it’s more important than ever to make sure that deposition transcripts are clear and precise, and a few key strategies can help attorneys get the most out of a transcript before, during and after a deposition, says Allison Rocker at Baker McKenzie.