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Employment
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July 10, 2025
Fla. High Court Revives Ex-Steak 'N Shake Worker's Bias Suit
The Florida Supreme Court backed the reinstatement Thursday of an ex-Steak 'n Shake worker's disability bias suit claiming he was fired after suffering a back injury, ruling he didn't need to invoke the state's civil rights law in his presuit bias charge to pursue his claims in court.
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July 10, 2025
Brookdale's $1.9M Deal Ends Investor Suit On Understaffing
An investor in retirement home operator Brookdale Senior Living Inc. has gotten a final nod for a deal settling her understaffing claims against the company's executives and directors in exchange for corporate reforms and fees and expenses totaling $1.9 million for her legal team.
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July 10, 2025
8th Circ. Backs EEOC Win In Deaf Bias Row With Trucking Co.
The Eighth Circuit declined on Thursday to upend decisions in favor of the U.S. Equal Employment Opportunity Commission in its lawsuit accusing a trucking company of refusing to hire a driver because he's deaf, rejecting the employer's argument that the applicant wasn't qualified for the job.
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July 10, 2025
Ga. Sheriff Fired Deputy For Supporting Rival, Suit Says
Fulton County, Georgia, its sheriff's office and its sheriff have been sued in federal court by a former sheriff's office employee who alleged he was fired because he supported the sheriff's political opponent in the 2024 election.
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July 10, 2025
11th Circ. Keeps County Win In Prison Promotion Bias Row
The Eleventh Circuit kept intact a Georgia district court's decision to toss a county prison counselor's suit claiming she was passed over for promotion because of her gender, ruling Thursday that she lacked evidence to support a discrimination claim.
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July 10, 2025
6th Circ. Sinks Ex-Christian School Dean's Racial Bias Claims
A Christian school's onetime dean of students cannot have his dismissed race and sex discrimination lawsuit revived because his former position falls under a ministerial exception that bars employment claims, the Sixth Circuit has found.
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July 10, 2025
Veteran In-House Atty Heads McAllister Olivarius' US Practice
A former general counsel at PepsiCo and GE is now head of the U.S. practice at McAllister Olivarius, bringing decades of in-house experience to the British-American firm that represents survivors of sexual abuse, harassment and discrimination, according to an announcement.
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July 10, 2025
5 Employee Benefits Takeaways On The GOP Tax Bill
Congressional Republicans' sweeping tax and policy bill, which President Donald Trump sought and then signed, contains multiple provisions that caught the attention of employee benefits and executive compensation attorneys, including new changes to high-deductible health plans and an employer-side deduction limit affecting highly compensated employees. Here are five takeaways from employee benefits and executive compensation attorneys on what's in — and out of — the GOP megabill.
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July 10, 2025
Nutter Atty Promoted To Firm's GC Role
Nutter McClennen & Fish LLP has picked its assistant firm counsel, who previously worked at Ropes & Gray LLP, as its new general counsel, the firm announced.
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July 10, 2025
Nursing Home Operator Faces Meal Break Suit In Pa.
A rehabilitation and nursing home operator automatically deducted 30-minute unpaid meal breaks from workers' time even though they were unable to take the breaks in full, a former employee for the company said in a proposed class action in Pennsylvania state court.
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July 10, 2025
Publix Pushed For Off-Clock Work, Underpaid OT, Suit Says
Grocery chain Publix pressured a department manager to work off-the-clock to bolster store profits and shorted him on overtime by failing to incorporate bonus pay into its time-and-a-half calculations of his hourly rate, the worker said in a suit filed in Georgia federal court.
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July 10, 2025
Mining Co. Fails To Pay For Preshift Work, Suit Says
A mining company fails to pay workers for necessary preshift tasks such as donning protective equipment and improperly calculates their overtime wages, a proposed class action filed in Colorado state court said.
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July 10, 2025
Ex-Executive Of Cannabis Co. Ascend Alleges Wrongful Firing
A former executive at New York cannabis company Ascend Wellness Holdings Inc. claims the company cheated him out of $400,000 in unpaid wages, stock payouts, and medical and dental coverage owed to him after it unceremoniously fired him, according to a lawsuit.
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July 09, 2025
California Court Allows Worker To Pursue 'Headless' PAGA Suit
A California appeals court panel held Monday that a worker who dismissed his individual claims against his former employer for civil penalties under California's Private Attorneys General Act can still pursue claims solely on behalf of other aggrieved employees in a so-called headless PAGA action.
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July 09, 2025
Former Josh Wine Exec Sues Over Soured Buyout Deal
The former president of the wine and spirits company that owns multibillion-dollar brand Josh Cellars has filed suit in New York state court, claiming the family-run enterprise has withheld millions in royalty payments that he was due after his employment contract expired, exposing "the dark underbelly of the adage that blood is thicker than water."
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July 09, 2025
NJ Panel Revives Doctor's Fight Against Noncompete Clause
A New Jersey appellate panel revived on Wednesday a physician's lawsuit challenging the enforceability of a restrictive covenant in his employment contract, ruling that the lower court prematurely dismissed the case without resolving key factual disputes.
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July 09, 2025
4 More Players Follow Vanderbilt QB, Sue NCAA To Play
A Tennessee federal judge on Wednesday scheduled a hearing for July 16 on a bid by four college football players — including two potential future teammates of Vanderbilt University quarterback Diego Pavia — to be allowed to play next season despite the NCAA's five-year rule for eligibility.
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July 09, 2025
Dispensary Workers Who Ousted Union Can't Have New Vote
Workers at a Salt Lake City cannabis dispensary can't vote on representation by a Teamsters local, a National Labor Relations Board regional director determined, saying federal labor law blocks an election with a subunit of workers who participated in a decertification vote within the last year.
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July 09, 2025
Walgreens Judge OKs $950K Uniform Policy Deal On 2nd Try
More than 12,000 Walgreens employees have received preliminary approval of a $950,000 class action settlement over claims of unreimbursed uniform expenses, after a California federal judge said the parties had resolved deficiencies he previously cited, including an opt-out timeframe and the chance for class members to challenge proposed attorney fees.
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July 09, 2025
Red Cross Vax Refuser Decries Firing Over Religious Beliefs
A former nurse for the American Red Cross suffered physically and economically after she was fired from the organization for not receiving the COVID-19 vaccine, counsel for the nurse told a Detroit federal jury Wednesday, arguing that, in the United States, the Red Cross should not be the arbiter of sincerely held religious beliefs.
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July 09, 2025
Plan Administrator Seeks To Toss Union's Pension Error Suit
A benefit plan administration company said it shouldn't have to face a lawsuit claiming a union pension fund paid $2.4 million in interest because the administrator paid benefits on the wrong day of the month, arguing in Pennsylvania federal court that it wasn't acting as a fiduciary.
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July 09, 2025
7th Circ. Revives Deputy's Retaliation Suit Over Election Feud
The Seventh Circuit reinstated a sheriff's deputy's retaliation suit claiming he wasn't promoted because he criticized his boss while attempting to unseat him as sheriff, ruling the lower court failed to credit evidence that the sheriff admitted sabotaging the deputy's career when finding the case was untimely.
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July 09, 2025
US Chamber Backs Anheuser-Busch's 4th Circ. Class Fight
The U.S. Chamber of Commerce backed Anheuser-Busch LLC's bid to flip a Virginia federal court's decision granting class certification to workers alleging the brewing giant failed to pay for mandatory pre- and post-shift work, telling the Fourth Circuit that the workers didn't clear certification standards.
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July 09, 2025
Telecom Consultant Seeks To Enforce Nonsolicitation Deals
A Pittsburgh-based telecommunications consulting firm says three of its employees joined up with a competitor and violated their nonsolicitation agreements by taking certain customers and jobs with them, according to a lawsuit filed in Pennsylvania state court.
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July 09, 2025
T-Mobile Tanks DEI Policies To Meet FCC Chair's Goal
T-Mobile says it will shut down diversity, equity and inclusion programs to align with goals of the Federal Communications Commission's chair as the carrier seeks regulatory approval of two major wireless and fiber deals.
Expert Analysis
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How EEOC Enforcement Priorities May Change Under Trump
The U.S. Equal Employment Opportunity Commission has already been rocked by the Trump administration's dramatic changes in personnel and policy, which calls into question how the agency may shift its direction from the priorities set forth in its five-year strategic enforcement plan in 2023, say attorneys at Seyfarth.
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7 Tips For Associates To Thrive In Hybrid Work Environments
Excerpt from Practical Guidance
As the vast majority of law firms have embraced some type of hybrid work policy, associates should consider a few strategies to get the most out of both their in-person and remote workdays, says James Argionis at Cozen O’Connor.
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Series
Playing Beach Volleyball Makes Me A Better Lawyer
My commitment to beach volleyball has become integral to my performance as an attorney, with the sport continually reminding me that teamwork, perseverance, professionalism and stress management are essential to both undertakings, says Amy Drushal at Trenam.
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Managing Anti-Corporate Juror Views Revealed By CEO Killing
After the shooting of UnitedHealthcare CEO Brian Thompson laid bare deep-seated anti-corporate sentiments among the public, companies in numerous industries will have to navigate the influence of related juror biases on litigation dynamics, say Jorge Monroy and Keith Pounds at IMS Legal Strategies.
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If Elphaba Had Signed A Restrictive Covenant In 'Wicked'
Following the recent big-screen release of "Wicked," employers should consider how the tale might have ended if the Wizard of Oz had made Elphaba sign a restrictive covenant agreement, which would have placed clear limitations on her ability to challenge his regime, says Emily Wajert at Sidley.
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Contractor Liability When Directing Subcontractor Workforce
A recent Virginia Court of Appeals decision that rejected a subcontractor employee’s tortious interference claim should prompt prime contractors to consider how to mitigate liability risk associated with directing a subcontractor to remove its employee from a federal project, say attorneys at Venable.
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How Law Firms Can Counteract The Loneliness Epidemic
The legal industry is facing an urgent epidemic of loneliness, affecting lawyer well-being, productivity, retention and profitability, and law firm leaders should take concrete steps to encourage the development of genuine workplace connections, says Michelle Gomez at Littler and Gwen Mellor Romans at Herald Talent.
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Handbook Hot Topics: Back To Basics After Admin Change
Having an up-to-date employee handbook is more critical now than ever, given the recent change in administration, and employers should understand their benefits and risks, including how they can limit employers’ liability and help retain employers’ rights, say Kasey Cappellano and Meaghan Gandy at Kutak Rock.
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5 Keys To Building Stronger Attorney-Client Relationships
Attorneys are often focused on being seen as the expert, but bonding with clients and prospects by sharing a few key personal details provides the basis for a caring, trusted and profoundly deeper business relationship, says Deb Feder at Feder Development.
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What Axed Title IX Gender Identity Rule Means For Higher Ed
Following a Kentucky federal court's recent decision in State of Tennessee v. Cardona to strike down a Biden-era rule that expanded the definition of Title IX to prohibit discrimination on the basis of gender identity, institutions of higher education should prepare to reimplement policies that comply with the reinstated 2020 rule, say attorneys at Venable.
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A Path Forward For Cos. Amid Trump's Anti-DEIA Efforts
Given the Trump administration’s recent efforts targeting corporate diversity, equity, inclusion and accessibility programs — including threatening possible criminal prosecution — companies should carefully tailor their DEIA initiatives to comply with both the letter and the spirit of antidiscrimination law, say attorneys at Pillsbury.
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Workforce Data Collection Considerations After DEI Order
Following President Donald Trump's executive order targeting diversity, equity and inclusion efforts, employers should balance the benefits of collecting demographic data with the risk of violating the order’s prohibition on "illegal DEI," say Lynn Clements at Berkshire Associates, David Cohen at DCI Consulting and Victoria Lipnic at Resolution Economics.
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Evidence Rule May Expand Use Of Out-Of-Court Statements
A proposed amendment to Federal Rule of Evidence 801(d)(1)(A) would broaden the definition of nonhearsay, reflects a more pragmatic approach to regulating the admissibility of out-of-court statements by declarant-witnesses, and could help level the playing field between prosecutors and criminal defendants, say attorneys at Hangley Aronchick.
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Series
Racing Corvettes Makes Me A Better Lawyer
The skills I use when racing Corvettes have enhanced my legal practice in several ways, because driving, like practicing law, requires precision, awareness and a good set of brakes — complete with the wisdom to know how and when to use them, says Kat Mateo at Olshan Frome.
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How DOGE's Severance Plan May Affect Federal Employees
President Donald Trump's administration, working through the Department of Government Efficiency, recently offered a severance package to nearly all of the roughly 2 million federal employees, but unanswered questions about the offer, coupled with several added protections for government workers, led to fewer accepted offers than expected, says Aaron Peskin at Kang Haggerty.