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Employment
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September 02, 2025
3M Beats Fired COVID-19 Vax Refuser's Religious Bias Suit
A Pennsylvania federal judge tossed a suit Tuesday from a Christian worker who claimed 3M fired her out of religious bias when she refused its COVID-19 vaccine mandate, ruling her termination was fair game because letting her remain unvaccinated would have made the company less competitive.
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September 02, 2025
Court Denies UFC's Attempt To Block Fighters' Class Cert.
A Nevada federal judge has rejected Ultimate Fighting Championship's motion seeking to deny class certification for fighters suing it over alleged suppressed wages, saying the request is premature.
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September 02, 2025
NC Court Upholds Ruling Against Pay For Pre-Job Training
A class of mental health workers seeking overtime compensation can't recover pay for training completed prior to the first day of work, as a North Carolina federal judge upheld a previous order finding that the time is not compensable under the federal Fair Labor Standards Act.
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September 02, 2025
Pot Cos. Say Berkshire Hathaway Unit Must Cover Death Suit
A group of cannabis companies said a Berkshire Hathaway unit must cover their defense in an underlying suit over a worker's death, telling a Florida federal court that the allegations trigger either the policy's workers' compensation coverage or employers' liability coverage.
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September 02, 2025
4th Circ. Won't Stop Dance Teachers From Using 'Inspire' TM
A charter school failed to convince the Fourth Circuit to block two former teachers from using the name "Inspire" for their dance company, with a panel finding Tuesday that the school's trademark infringement and false advertising claims didn't have enough juice.
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September 02, 2025
Ga. Atty Aims To Pause Arbitration In Wage Fight With Ex-Firm
An Atlanta attorney suing her former law firm, John Foy & Associates, is seeking to put arbitration on hold while her claims for harassment and retaliation play out in Georgia federal court, saying that allowing the two matters to proceed simultaneously risks "duplicative proceedings, inconsistent findings and unnecessary expense."
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September 02, 2025
NCAA Fights Wisconsin Footballer's Renewed Eligibility Bid
A University of Wisconsin football player's second bid for an injunction allowing him an extra year to play did not fix the problems that led to the first bid being overturned on appeal, the NCAA told a Wisconsin federal judge in its renewed defense of its eligibility rules.
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September 02, 2025
2nd Circ. Backs X In Arb. Fees In Severance Case
Courts can't sort out who pays arbitration fees, and employers' refusal to pay such fees isn't a failure to arbitrate, the Second Circuit ruled Tuesday, siding with X in a case accusing the social media platform of owing workers severance.
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August 29, 2025
Employment Authority: Courts Back A Broad EEOC
Law360 Employment Authority covers the biggest employment cases and trends. Catch up this week with coverage on a recent Second Circuit ruling that adds to a growing consensus among circuit courts that the U.S. Equal Employment Opportunity Commission should have a long leash, why it may have just gotten harder for California employers to defend against minimum wage suits, and a reflection on the exit of National Labor Relations Board Chairman Marvin Kaplan.
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August 29, 2025
DC Judge Says Fed. Reserve Gov. Can't Get TRO Just Yet
Federal Reserve Board Governor Lisa Cook didn't walk away from her emergency hearing with the temporary restraining order she was looking for, but a D.C. federal judge said she was willing to expedite briefing over the president's attempt to strip Cook of her position.
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August 29, 2025
Logistics Cos. Can't Escape Worker Visa Misuse Class Action
Two logistics companies have failed to escape a proposed class action accusing them of misusing a professional worker visa program to lure workers from Mexico, with a Georgia federal judge trimming out some discrimination and fair labor claims, but allowing several others to proceed.
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August 29, 2025
EEOC, Sam's Club Strike $60K Deal In ADA Suit
The operators of warehouse club retail store Sam's Club will pay $60,000 to end a U.S. Equal Employment Opportunity Commission suit alleging a worker was refused accommodations and ultimately fired after attempting to return to work following an automobile accident.
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August 29, 2025
Former National Security Officials Say Union EO Went Too Far
Although President Donald Trump said he was protecting national security when he opened the door for dozens of agencies to shred their union contracts, he was actually retaliating against the unions for speaking out against him, a coalition of former senior national security officials told the Ninth Circuit on Friday.
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August 29, 2025
Ex-Philly Labor Leader Cites Ailing Wife In Prison Release Bid
John Dougherty, the former business manager of the International Brotherhood of Electrical Workers Local 98 in Philadelphia, has asked a federal judge to free him early from his six-year prison term for bribery and embezzlement so that he can go home to care for his ailing wife, who he claims will ultimately die without his assistance.
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August 29, 2025
Amazon Workers Get Class Nod In Military Leave Bias Suit
A New York federal judge handed class certification to a group of workers alleging Amazon did not provide equal leave benefits to service members compared to those who took other forms of leave such as jury duty, although he found the class representative couldn't lead the case.
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August 29, 2025
US Education Dept. Finds Denver Schools Flouted Title IX
The first Title IX investigation undertaken by the U.S. Department of Education's Office for Civil Rights since President Donald Trump returned to office found Denver Public Schools violated Title IX by converting two bathrooms at a local high school to multi-stall, all-gender bathrooms, according to a Thursday news release from the OCR.
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August 29, 2025
GardaWorld Can't Avoid Tobacco, Vaccine Health Fee Suit
A North Carolina federal judge trimmed — but refused to toss — a proposed class action challenging a security company's health plan surcharges to employees who refused COVID-19 vaccinations and who use tobacco, opening discovery on claims that the fees violated nondiscrimination provisions in federal benefits law.
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August 29, 2025
Calif. AG Puts Conditions On $24B Walgreens Deal
California enforcers have reached a settlement that puts several conditions on Sycamore Partners' recently completed $24 billion deal for Walgreens Boots Alliance Inc., including measures intended to protect competition, patients and workers in the state.
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August 29, 2025
NC Biz Court Crops Doctors' Dispute Over Practice Split
A state court judge has pared down claims against a North Carolina doctor in a messy legal dispute with his former business partners, finding they failed to show how he breached a settlement agreement governing their separation and that his allegedly disparaging remarks about another doctor don't rise to the level of causing extreme emotional distress.
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August 29, 2025
NLRB Atty Joins Blank Rome's Labor Group In Philadelphia
An attorney who spent the first 15 years of his legal career working with National Labor Relations Board has recently moved into private practice and joined Blank Rome LLP's growing labor team.
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August 29, 2025
UPenn Prof Suspended For Racist Remarks Loses Bias Claim
University of Pennsylvania law professor Amy Wax lost her federal discrimination claims against the school for suspending her over disparaging comments she made about minorities, with a judge finding that she was disciplined for racist speech, not because of her own race.
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August 29, 2025
Ill. Jury Sides With Ex-CTA Worker In Vax Bias Lawsuit
An Illinois federal jury on Friday awarded a former Chicago Transit Authority employee $425,000 in damages, finding the transit agency liable on his religious discrimination claim after he was terminated following his refusal to take the COVID-19 vaccine and denied an exemption to the agency's vaccine requirement.
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August 29, 2025
Elevance Says Worker Seeking 'Bizarre' Payout In Late Suit
A former Elevance utilization representative's proposed class suit claiming the company owes her damages for paying her last paycheck late would lead to a "bizarre" conclusion, the entity told a Connecticut state court, arguing that she is potentially owed only $1.18.
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August 29, 2025
Northwestern Beats Ex-Coach's Defamation Claims, For Now
Northwestern University has for now escaped the defamation suit of a former assistant football coach caught up in the program's hazing scandal, with an Illinois state court ruling that alleged defamatory statements were not specifically about him.
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August 29, 2025
Single Slur Not Enough For Retaliation Suit, Judge Says
A Michigan federal judge stood by her dismissal of an Arab American worker's suit claiming a car dealership fired him for protesting a supervisor's racist language while following up on her original ruling to say that opposition to the single use of a slur isn't enough to establish a retaliation case.
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.