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Employment
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April 08, 2025
Split 4th Circ. Lifts Block On DOGE's Access To Gov't Data
A split Fourth Circuit panel paused Monday a ruling blocking the Department of Government Efficiency from accessing sensitive information on millions of Americans held by the U.S. Department of the Treasury, U.S. Department of Education and the Office of Personnel Management, while a dissenting judge disagreed "with all the energy an old judge can muster."
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April 08, 2025
In Trump Order Against Perkins Coie, GCs See Harm For Cos.
Nearly 70 current and former general counsel for companies including Apple Inc. and Starbucks filed an amicus brief Tuesday supporting Perkins Coie LLP in its suit against an executive order from President Donald Trump targeting the firm, saying the order "tramples on corporate independence, the right to counsel, and First Amendment rights."
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April 08, 2025
Littler Adds 4th DC Sports Employment Attorney From Akin
Littler Mendelson PC has brought on a former Akin Gump Strauss Hauer & Feld LLP attorney with experience representing sports leagues and teams as a shareholder in Washington, D.C., the management-side firm's latest addition to its burgeoning sports practice.
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April 08, 2025
Ballard Spahr Fired Atty For Taking Medical Leave, Suit Says
A former attorney for Ballard Spahr LLP filed suit against the firm and the head of its employee benefits group Tuesday in New York federal court, claiming she was fired for taking medical leave and seeking a more flexible work schedule to deal with her epilepsy and a gastrointestinal condition.
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April 08, 2025
Seyfarth Elevates 6 Leaders In Its Labor, Employment Practice
Seyfarth Shaw LLP this week unveiled a slate of six newly appointed labor and employment leaders on both coasts, praising the impact they've had on the firm and its clients throughout their tenures so far.
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April 08, 2025
Former Prada GC Fashions Move To Fisher Phillips In NY
Fisher Phillips has hired the legal function leader of Prada Group as a New York office partner to expand the firm's retail industry offerings.
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April 08, 2025
Farmworkers Fight To Keep Wages Collective Suit Standing
A North Carolina federal judge should reject three farms' attempts to detangle a collective and snag an early win in a suit accusing them of failing to reimburse farmworkers for travel and visa expenses, the workers said, standing by claims they said are timely and well-supported.
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April 08, 2025
Justices Halt Order To Reinstate Federal Workers
The U.S. Supreme Court on Tuesday hit pause on a California federal court order reinstating tens of thousands of probationary federal workers who were fired from six agencies, agreeing with the Trump administration that the nonprofit groups that obtained the order lack standing to challenge the firings.
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April 08, 2025
Freight Co. XPO Sues Ex-Executive Who Left For Nearby Rival
Less-than-truckload transportation company XPO Inc. has accused a former local account executive of breaking a noncompete agreement after he left his job at its Cincinnati service center to work at a competitor only a six-minute drive away.
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April 07, 2025
NCAA's $2.8B NIL Deal Sent Back For 'Fixes' Amid Objections
A California federal judge declined Monday to immediately approve the National Collegiate Athletic Association's $2.78 billion name, image and likeness deal, giving counsel a week to propose "fixes" that address objections raised by some athletes, including ex-Seattle Seahawks linebacker Benjamin Burr-Kirven and gymnast and social media influencer Olivia Dunne.
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April 07, 2025
Pa. Supreme Court Snapshot: Electric Bills, Jock Tax
The Pennsylvania Supreme Court will open its three-day session in Pittsburgh Tuesday with arguments over how to weigh when a coworker or co-owner shares in an employer's immunity from lawsuits under the state's workers' compensation law, and if electricity providers can get additional services put on the utility bills drawn up by power distributors.
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April 07, 2025
Snyder's-Lance Looks To Ax Proposed Class Wage Claims
The company that makes Snyder's pretzels asked a North Carolina federal judge Monday to deny a Pennsylvania employee's bid to represent a class of workers from 12 states in a wage lawsuit, arguing she can't sue under the laws of the 11 states she doesn't live or work in.
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April 07, 2025
Ga. Management Co. Fired Worker Over Tremors, Suit Says
Crisp Inc., an Atlanta-based business management company, was sued Monday in federal court by a former client success manager who alleged she was fired for asking to work from home due to psychogenic tremors.
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April 07, 2025
NJ Panel Upholds Nix Of Police Unions' Retroactive Pay Suit
Two New Jersey police unions couldn't convince a state appeals court that Atlantic City and the state owed retroactive raises to officers, an appellate panel ruled Monday, finding a law focused on assisting municipalities with financial troubles supplants agreements about wage increases and promotions.
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April 07, 2025
AFGE Demands Halt To Homeland Security's CBA Termination
The American Federation of Government Employees and one of its affiliates requested an injunction to block U.S. Department of Homeland Security Secretary Kristi Noem's move to end a collective bargaining agreement covering Transportation Security Administration employees, accusing the Trump administration of retaliating against the union.
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April 07, 2025
Wage Access Co. Says NY AG Threatened Suit, Seeks Relief
Earned-wage access provider DailyPay sued Letitia James on Monday seeking a declaratory judgment that its payments do not constitute loans under New York law or violate federal and state laws, alleging the state attorney general has effectively declared all such products illegal.
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April 07, 2025
6th Circ. Says Job Performance Dooms Ex-Exec's Bias Suit
The Sixth Circuit backed security company Idemia's defeat of a former executive's lawsuit claiming he was forced out because he was over 50 and undergoing prostate cancer treatment, finding Monday he couldn't overcome the explanation that his boss had lost confidence in his leadership abilities.
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April 07, 2025
OMB Issues Guidance On Agency Use, Purchasing Of AI
The Office of Management and Budget issued a pair of memorandums last week that replaced the Biden administration's safeguards on the federal acquisition of artificial intelligence with a policy aimed at accelerating federal agencies' use and procurement of artificial intelligence.
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April 07, 2025
Ex-Exec Says Pot Tracking Co. Fired Him For Whistleblowing
A former executive at Metrc, the company that provides product tracking services for a majority of U.S. regulated cannabis markets, has alleged in a new federal lawsuit that he was fired for speaking out about the company's business practices.
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April 07, 2025
Denver Builder Says Ex-Employee Stole Info For Competitor
A full-service general building contractor has accused a former employee and an industry rival in Colorado state court of using stolen confidential business information to make a competitive bid for a 2025 "large scale" Colorado project that's anticipated to create more than $20 million in revenue.
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April 07, 2025
Lively Seeks To Ax PR Rep's 'It Ends With Us' Defamation Suit
Blake Lively urged a Texas federal court Monday to toss an Austin-based public relations consultant's defamation suit alleging Lively falsely roped the consultant into her sexual harassment and retaliation claims against her "It Ends With Us" director and co-star Justin Baldoni, saying the case lacks merit and shouldn't be adjudicated in Texas.
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April 07, 2025
GOP Lawmaker Floats Bill To Block PWFA Abortion Rules
A Republican representative introduced legislation that aims to block U.S. Equal Employment Opportunity Commission regulations that would require employers to accommodate workers' abortions under the Pregnant Workers Fairness Act.
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April 07, 2025
Former Workers Say X Corp. Refuses To Arbitrate Their Claims
A group of former Twitter employees is trying to force the company now known as X to arbitrate the workers' challenges to allegedly unlawful actions taken after Elon Musk's acquisition of the platform, claiming the social media giant is preventing their cases from moving forward by refusing to pay the full arbitration fees.
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April 07, 2025
Ohio Hospital Illegally Conducted Mass Layoffs, Workers Say
An Ohio hospital abruptly laid off more than 100 workers without notice and failed to pay many of those employees their final paychecks, a proposed class action filed in federal court said.
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April 07, 2025
Grocers Say Colo. AG Can't Fish For More 'No-Poach' Claims
Kroger and Albertsons have accused Colorado's attorney general of going on a "fishing expedition" as they wait for a ruling on a claim that the grocers brokered an illegal "no-poach" agreement during a 2022 grocery store strike, in a motion asking a Colorado state court to quash document requests into a February strike.
Expert Analysis
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7th Circ. Travel Time Ruling Has Far-Reaching Implications
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.
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Pa. Ruling Highlights Challenges Of Employer Arb. Appeals
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.
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7 Ways To Prepare For An I-9 Audit Or Immigration Raid
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.
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Args In 2 High Court Cases May Foretell Clarity For Employers
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.
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California Supreme Court's Year In Review
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.
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Disentangling Various Forms Of Workplace Discrimination
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.
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What Lawyers Can Learn From High School AI Suit
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.
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Calif. Ruling May Shield Public Employers From Labor Claims
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.
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Best Practices For Effective Employee Assistance Programs
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.
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Series
Flying Makes Me A Better Lawyer
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.
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NLRB One-Two Punch Curbs Employer Anti-Organizing Tools
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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Key Requirements In New Maryland Pay Transparency Laws
Although several jurisdictions now require pay transparency in job advertisements, Maryland's new law is among the broadest in the country, both in terms of what is required and the scope of its applicability, says Sarah Belger at Quarles & Brady.
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What Trump's Next Term May Mean For Biz Immigration
Leonard D'Arrigo at Harris Beach discusses the employment-based immigration policies businesses can potentially expect during President-elect Donald Trump’s second term, based on policies enacted during his first administration, statements made during his campaign and proposals in Project 2025.
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Lessons From EEOC Case Of Fla. Worker Fired After Stillbirth
A recent federal court settlement between a Florida resort and a fired line cook shows that the U.S. Equal Opportunity Employment Commission sees stillbirth as protected under the Pregnant Workers Fairness Act, also providing four other important lessons, says Gordon Berger at Pierson Ferdinand.
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What Higher Education Can Expect From A 2nd Trump Admin
The election of Donald Trump for a second presidential term has far-reaching ramifications for colleges and universities — come January, institutions can expect a crackdown on DEI, increased scrutiny of campus protests, a rollback of the Biden administration's Title IX rules and more, say attorneys at Jenner & Block.