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Employment
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February 23, 2026
Judge Puts Ohio State NCAA Hoopster Back On Court
A state judge granted an Ohio State basketball player a preliminary injunction that allows him to participate in a final season, finding the NCAA's eligibility rules likely placed an unreasonable restraint on trade in violation of the state's antitrust law.
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February 23, 2026
7th Circ. Orders Deeper Probe Of $13M Fraudster's Severance
A "highly suspect" severance payment a home building company made to a $13.7 million trading fraudster who also stole from the business should be further examined before a district court determines whether the payment violated a pending asset citation order, the Seventh Circuit said Monday.
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February 23, 2026
Union Urges Court To Undo DOL Farm Wage Survey Results
A farmworkers union has pressed a Washington federal court to reject the U.S. Department of Labor's approval of a wage survey meant to help determine foreign seasonal worker compensation, arguing it entails a "windfall" for growers at domestic farmworkers' expense.
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February 23, 2026
Fla. Biologist Fired Over Kirk Parody Seeks Reinstatement
A biologist has asked a Florida federal court to restore her state agency position after she was fired for sharing a post making fun of Charlie Kirk on social media, arguing the First Amendment allows free speech on public topics that have nothing to do with her job.
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February 23, 2026
EEOC Decries New Hurdle For 3rd-Party Harassment Suits
A recent appellate ruling making it tougher for workers to sue employers over alleged harassment by third parties threatens to undermine the goals of federal anti-bias law, the U.S. Equal Employment Opportunity Commission told the Third Circuit, backing a suit against the University of Pennsylvania.
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February 23, 2026
NJ Statehouse Catch-Up: Family Leave, PFAS, Farmland Tax
In his final days as New Jersey governor, Phil Murphy was busy signing a slew of measures reforming existing legislation as well as bills aimed at breaking new ground.
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February 23, 2026
Judge Hands NCAA Eligibility Win, Denies Tenn. QB's Bid
University of Tennessee quarterback Joey Aguilar's challenge to NCAA rules limiting his eligibility after transferring from junior college was cut short by a Tennessee state judge, who denied an injunction request that would allow him to play next season.
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February 23, 2026
Justices Won't Hear Challenge To Minn. Union Meeting Ban
Mandatory anti-union meetings will continue to be illegal in Minnesota, as the U.S. Supreme Court said Monday that it won't resurrect an employer group's challenge to the ban.
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February 23, 2026
Conn. Pizza Chain Settles Ex-Operations Chief's Bias Suit
Frank Pepe's, a Connecticut-based pizza chain, has settled a federal lawsuit brought by its former director of operations for allegedly firing him because he is a middle-aged white man, court records show.
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February 23, 2026
Seton Hall Beats Former President's Whistleblower Suit
Seton Hall University's former president had his whistleblower suit against the school dismissed, with a state court ruling that he was barred from suing by the terms of his employment contracts.
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February 23, 2026
4th Circ. Reverses $57K Atty Sanction In Engineer's Bias Suit
The attorney representing an Arab American worker in a civil rights retaliation suit against an engineering firm had legitimate grounds for opposing the firm's motion for an early win, the Fourth Circuit has determined, scrapping a $57,015 sanction a federal district judge imposed for allegedly dragging out the case.
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February 23, 2026
Analyst Who Claimed She Was Fired For Needing Sleep Settles
A New Jersey woman who claimed she was fired by Centerview Partners after disclosing she needed consistent sleep to manage a health disorder settled her case against the investment bank ahead of a jury trial in New York federal court, the bank said Monday.
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February 23, 2026
Colo. High Court Ruling Upends Amazon Pay Class Bid
A warehouse worker must rework his bid to certify a class against Amazon over holiday pay calculations after the Colorado Supreme Court clarified the governing overtime law, a Colorado federal judge ruled.
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February 23, 2026
Ga. Judge Resigns After Call For Her Removal In Ethics Case
A Fulton County Superior Court judge has resigned after a Georgia state judicial ethics panel recommended her removal, with the judge questioning the fairness of the disciplinary process and the panel's director calling her resignation an attempt to sidestep accountability.
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February 23, 2026
Ex-Stone Hilton Staffer Seeks Cruz Subpoena Denial Review
A former employee of Stone Hilton PLLC has asked a Texas federal court to revisit a decision to quash a subpoena for information from Sen. Ted Cruz, saying a 2019 memo received two days after the ruling establishes that a claim of harassment was made against firm partner Judd Stone shortly before he quit working for the senator.
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February 23, 2026
Mass. Judge Won't Block UPS Driver Buyout Program
A federal judge in Massachusetts declined to stop United Parcel Service Inc. from offering drivers $150,000 to leave the company, saying the buyouts can be voided later if they are found to violate a labor agreement.
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February 23, 2026
Justices Reject Boeing Bid To Weigh Union's 737 Max Suit
Boeing lost its bid to escape a Southwest Airlines pilot union's claims that it offered false assurances about the safety of the 737 Max airplane during contract negotiations, with the U.S. Supreme Court saying Monday that it won't review the Texas Supreme Court's decision to allow the suit.
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February 23, 2026
Justices Turn Away DOD Analyst's Disability Bias Battle
The U.S. Supreme Court declined Monday to review a D.C. Circuit decision that scuttled a disability bias lawsuit from a U.S. Department of Defense intelligence analyst who claimed he was unlawfully reassigned after failing a series of polygraph tests.
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February 23, 2026
Justices Reject Air Force COVID Vax Back Pay Case
The U.S. Supreme Court on Monday declined to revive an Air Force lieutenant's bid for back pay after he refused to follow the service's now-overturned COVID-19 vaccine mandate on religious grounds, after the Sixth Circuit affirmed the dismissal of his case.
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February 23, 2026
High Court Won't Wade Into Doctor's Retaliation Suit
The U.S. Supreme Court declined Monday to consider reviving a doctor's retaliation suit claiming a New York City-area hospital system forced his exit for raising patient safety concerns, despite his argument that the healthcare provider had withheld an email that supported his case.
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February 23, 2026
Justices Won't Weigh Cracker Barrel Collective Action Fights
The U.S. Supreme Court turned down two petitions Monday stemming from the same Ninth Circuit decision in a wage and hour case against restaurant chain Cracker Barrel, one dealing with how many steps should be used for approving notice in a putative collective action and the other involving whether out-of-state workers can participate.
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February 20, 2026
Employment Authority: DOL Goes MIA At ABA Conference
Law360 Employment Authority covers the biggest employment cases and trends. Catch up this week with coverage on how a U.S. Department of Labor associate solicitor of labor was suddenly taken off the agenda for an event at this week's American Bar Association's Wage and Hour Committee Midwinter Meeting and how a recent U.S. Equal Employment Opportunity Commission lawsuit claiming men were left out of a Coca-Cola retreat shed a light on the agency's approach to tackle workplace diversity initiatives.
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February 20, 2026
Full 9th Circ. Revives Trafficking Case Against Calif. Importer
The full Ninth Circuit ruled on Friday that Congress' 2023 bill clarifying civil liability for companies that "attempt to benefit" from human trafficking retroactively applies to a group of Cambodian workers' lawsuit against a California importer, overturning a district court's refusal to vacate the importer's 2017 summary judgment win.
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February 20, 2026
Ex-Exec Must Arbitrate Claims In CoStar DQ-Embroiled Spat
A California federal judge sent most of a former Matterport executive's harassment and retaliation suit to arbitration, amid a suit that has prompted CoStar's efforts to disqualify Quinn Emanuel Urquhart & Sullivan LLP counsel in separate litigation.
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February 20, 2026
DHS Pitches Overhaul Of Work Permits For Asylum Seekers
The Trump administration on Friday proposed changes to a procedure that allows asylum seekers to apply for employment authorization while they wait, noting that the changes could close the door to such work permits for "many years" to come.
Expert Analysis
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Series
Judges On AI: Practical Use Cases In Chambers
U.S. Magistrate Judge Allison Goddard in the Southern District of California discusses how she uses generative artificial intelligence tools in chambers to make work more efficient and effective — from editing jury instructions for clarity to summarizing key documents.
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Takeaways From 1st DOJ Antitrust Whistleblower Payout
The U.S. Justice Department's recent $1 million antitrust whistleblower reward accelerates the race to report by signaling that the Antitrust Division's program can result in substantial financial awards and reinforcing the need for corporate compliance programs that reach beyond core components, say attorneys at Pillsbury.
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Series
Trail Running Makes Me A Better Lawyer
Navigating the muddy, root-filled path of trail marathons and ultramarathons provides fertile training ground for my high-stakes fractional general counsel work, teaching me to slow down my mind when the terrain shifts, sharpen my focus and trust my training, says Eric Proos at Next Era Legal.
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Open Questions After Defense Contractor Executive Order
The scope and long-term effects of President Donald Trump’s executive order on the U.S. defense industrial base are uncertain, but the immediate impact is significant as it appears to direct the U.S. Department of Defense to take a more active role in contractor affairs, say attorneys at Morgan Lewis.
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Navigating The Void Left By Axed EEOC Harassment Guidance
With the U.S. Equal Employment Opportunity Commission recently rescinding its 2024 enforcement guidance on harassment in the workplace, employers are left to guess how the agency may interpret an employer's obligations under Title VII and binding case law, areas that were previously clarified, say attorneys at Husch Blackwell.
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Takeaways From 8th Circ. Ruling On Worker's 'BLM' Display
The Eighth Circuit's recent decision in Home Depot v. National Labor Relations Board, finding that Home Depot legally prohibited an employee from displaying Black Lives Matter messaging on his uniform, reaffirms employers' right to restrict politically sensitive material, but should not be read as a blank check, say attorneys at Hunton.
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Malpractice Claim Assignability Continues To Divide Courts
Recent decisions from courts across the country demonstrate how different jurisdictions balance competing policy interests in determining whether legal malpractice claims can be assigned, providing a framework to identify when and how to challenge any attempted assignment, says Christopher Blazejewski at Sherin & Lodgen.
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Tips For Financial Advisers Facing TRO From Former Firm
The Eighth Circuit's recent decision in Choreo v. Lors, overturning a lower court's sweeping injunction after financial advisers moved to a new firm, gives advisers new strategies to fight restraining orders from their old firms, such as focusing on whether the alleged irreparable harm is calculable, say attorneys at Kutak Rock.
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Pittsburgh Post-Gazette Closure Highlights Labor Law Stakes
The Pittsburgh Post-Gazette's recently announced closure, after the U.S. Supreme Court denied relief from an injunction mandating that the newspaper restore terms from its previous collective bargaining agreement, illustrates that prematurely declaring an impasse and implementing unilateral changes carries risk, says Sunshine Fellows at Freeman Mathis.
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Ambiguity Remains On Anti-DEI Grant Conditions
Although a recent decision in City of Chicago and City of Saint Paul v. U.S. Department of Justice temporarily halts enforcement of anti-DEI conditions in federal grant applications, and echoes recent decisions in similar cases, companies remain at risk until the term “illegal DEI” is clarified, say attorneys at Moore & Van Allen.
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What To Know As Courts Rethink McDonnell-Douglas
Although the U.S. Supreme Court declined the latest opportunity to address the viability of the McDonnell-Douglas burden-shifting framework used in employment discrimination and retaliation claims, two justices and courts around the country are increasingly seeking to abandon it, which could potentially lead to more trials and higher litigation budgets, say attorneys at Jackson Lewis.
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Series
Teaching Logic Makes Me A Better Lawyer
Teaching middle and high school students the skills to untangle complicated arguments and identify faulty reasoning has made me reacquaint myself with the defined structure of thought, reminding me why logic should remain foundational in the practice of law, says Tom Barrow at Woods Rogers.
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Series
Law School's Missed Lessons: Practicing Resilience
Resilience is a skill acquired through daily practices that focus on learning from missteps, recovering quickly without internalizing defeat and moving forward with intention, says Nicholas Meza at Quarles & Brady.
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Limiting Worker Surveillance Risks Amid AI Regulatory Shifts
With workplace surveillance tools becoming increasingly common and a recent executive order aiming to preempt state-level artificial intelligence enforcement, companies may feel encouraged to expand AI monitoring, but the legal exposure associated with these tools remains, say attorneys at MoFo.
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5th Circ. Ruling Clarifies Tax Rules For Limited Partners
The Fifth Circuit’s Jan. 16 decision in Sirius Solutions v. Commissioner provides greater tax planning certainty by adopting a bright-line test for determining when partners in limited liability companies are exempt from self-employment tax, say attorneys at K&L Gates.