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Employment
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December 03, 2025
Texas Produce Groups Challenge OSHA's Constitutionality
Two Texas associations representing fruit and vegetable supply chain companies filed a federal lawsuit Wednesday challenging the constitutionality of the Occupational Safety and Health Act, arguing its creation by Congress violated the non-delegation doctrine by granting the executive branch too much policymaking power on workplace safety standards.
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December 03, 2025
Wash. Defends Law Limiting Immigrants Working In Jails
Washington state urged a federal judge to deny King County's attempt to block a law that imposes citizenship and immigration status requirements for local government corrections officers, arguing that it passes legal muster and may soon change anyway.
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December 03, 2025
NuVasive Urges Del. Justices To Revive Officer Conflict Suit
A Delaware vice chancellor applied the wrong standards in tossing a suit alleging a former officer of spine surgery tech venture NuVasive Inc. ran an insider scheme to lure surgeons to a competitor while planning his own jump, an attorney for NuVasive told a Delaware Supreme Court panel on Wednesday.
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December 03, 2025
11th Circ. Upholds USPS' Win In Disabled Courier's Bias Suit
The Eleventh Circuit declined Wednesday to reinstate a U.S. Postal Service courier's discrimination case challenging a work assignment that reduced her shift to 1.5 hours per day due to medical restrictions from an on-the-job injury, finding she offered scant evidence of race, sex, age and disability bias.
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December 03, 2025
3rd Circ. Won't Block NLRB In Constitutionality Cases
Employers challenging the National Labor Relations Board's constitutionality can't get its cases blocked because they arise out of "labor disputes" courts are generally forbidden to meddle in, the Third Circuit said Wednesday, opening a split with the Fifth Circuit.
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December 03, 2025
State AGs Condemn College Sports Rule Enforcement Deal
Seven state attorneys general on Wednesday called a proposed contract between NCAA institutions and the commission enforcing new revenue-sharing rules for athletes "cartoonishly villainous," arguing in a letter that it undermines state laws and jeopardizes the rights of athletes and schools.
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December 03, 2025
Colo. Service Provider's 'No Gossip' Policy Illegal, Worker Says
A payroll and human resources company had an illegal no-gossip agreement that violated Colorado laws that prohibit employment agreements imposing strict restrictions, an account manager says in a proposed class action in state court.
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December 03, 2025
7th Circ. Backs Chicago In Officers' Vaccine Bias Suit
The Seventh Circuit on Tuesday refused to revive a suit lodged by a group of police officers claiming Chicago's COVID-19 vaccination policy violated their constitutional and statutory rights, finding their claim had "no legal merit" and that the city rationally treated them differently to stop the spread of the virus to other employees and the public.
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December 03, 2025
Fanatics, NFT Co. Strike Deal To Settle Ex-Exec's FMLA Suit
Fanatics and a digital collectibles company struck a settlement with a former executive to end a suit alleging he was fired for seeking parental leave, according to a New York federal court order Wednesday.
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December 03, 2025
Worker Says Metal Supplier Owes For Unpaid Meeting Time
A specialty metals supplier regularly forces warehouse employees to participate in meetings when they are supposed to be on breaks, depriving them of money they're owed and reducing their potential overtime pay, according to a proposed collective and class action filed Wednesday in the Northern District of Ohio.
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December 03, 2025
American Airlines Can't Nix Attendant's Disability Bias Claims
American Airlines must face a former flight attendant's lawsuit claiming he was fired after developing cataracts, an Illinois federal judge ruled, finding that he adequately alleged the airline is subject to a law that bans discrimination by organizations that receive federal funds.
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December 03, 2025
GOP Expects G7 Side-By-Side Tax Deal Details This Week
The House Ways and Means Committee's top Republican expects negotiations to wrap up this week on the technical details of the agreement with the Group of Seven countries to exempt U.S. multinational corporations from the minimum-tax system, he said Wednesday.
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December 03, 2025
Ex-Seton Hall Prez Denies Filing Confidential Info In Court
Seton Hall University's former president is pushing back against the school's bid for sanctions because he revealed information through a filing in New Jersey state court about an opposing litigant's daughter and her attendance at Seton Hall Law School, arguing that the material is not confidential.
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December 03, 2025
Ex-Stone Hilton Assistant Pushes For Texas OAG Subpoena
A former Stone Hilton PLLC executive assistant has doubled down on her bid to subpoena the Texas Office of the Attorney General in her suit accusing former OAG attorneys and firm founders Judd Stone and Christopher Hilton of sexual harassment.
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December 03, 2025
NLRB Nears Quorum As Senate Committee Approves Pick
The National Labor Relations Board neared a return to full function Wednesday as the U.S. Senate labor committee approved a corporate labor counsel nominated to fill one of four board vacancies, teeing him up for confirmation by the full Senate.
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December 03, 2025
Tyson Foods Wants To Nix Wage Suit For Lack Of Details
A worker's suit accusing Tyson of failing to provide employees with meal and rest breaks and to pay them accurately cannot proceed because it doesn't include enough details, the company told a Washington federal court.
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December 03, 2025
Former Gov't Workers Challenge Trump's DEI Firing Spree
The Trump administration unlawfully targeted perceived political enemies, women and people of color when it fired all federal employees who served in roles related to diversity, equity and inclusion, former government workers said Wednesday in a proposed class action.
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December 03, 2025
Texas Server, Restaurant End Tip Credit Suit
A server and the Houston-area restaurant she accused of violating tip credit requirements have ended the Fair Labor Standards Act suit in Texas federal court, after a judge agreed to dismiss the case.
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December 03, 2025
Cooley Names Largest Partner Class In 4 Years With 23 Attys
Cooley LLP will add 23 lawyers to the firm's partnership when the new year starts, up slightly from the number of new partners added last year.
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December 02, 2025
5th Circ. Skeptical Of NLRB Dinging Starbucks For Subpoenas
A Fifth Circuit panel seemed skeptical of the National Labor Relations Board's claim that it can slap Starbucks Corp. with a labor law violation after it allegedly sent overbroad subpoenas to pro-union employees, saying Tuesday it seemed like the board created a "liability trap."
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December 02, 2025
'I'm A Drug Addict LOL': Skaggs' Widow Denies Red Flags
An attorney defending the Los Angeles Angels against negligence claims related to the overdose death of pitcher Tyler Skaggs confronted his widow on the stand Tuesday with his texts about drug use, including one message saying, "I'm a drug addict lol," but she maintained that she never observed any "red flags."
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December 02, 2025
'Mailbox Rule' Can't Deliver Win For Marshalls, 9th Circ. Told
A former Marshalls worker told the Ninth Circuit on Tuesday that a district judge wrongly relied on the "mailbox rule" to send his employment suit to arbitration because Marshalls had mailed him an arbitration agreement, saying he never received it and California law requires that he actively agree to the deal.
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December 02, 2025
Instacart Challenges NYC's New Grocery Delivery Regulations
Instacart on Tuesday asked a federal court to block New York City's new regulations for app-based delivery workers, claiming that the new minimum wage, consumer tipping options and disclosure requirements run afoul of limits to the city's authority and threaten Instacart's operations.
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December 02, 2025
9th Circ. Mulls Pharma Exec's Use Of Forced Arbitration Law
A California biopharmaceutical company told the Ninth Circuit on Tuesday that a district court erred in letting its former chief financial officer move her discrimination claims out of arbitration and into federal court, saying she arbitrated too long before invoking the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act.
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December 02, 2025
5th Circ. Weighs If Ex-Starbucks CEO Made Anti-Union Threat
A Fifth Circuit panel pressed Starbucks Corp. to explain how former CEO Howard Schultz's comments telling a pro-union employee they could find another job did not run afoul of labor law, saying Tuesday the comments could be seen as threatening retaliation.
Expert Analysis
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Wash. Ruling Raises Pay Transparency Litigation Risk
Washington Supreme Court’s recent decision in Branson v. Washington Fine Wine and Spirits, affirming applicants standing to sue regardless of their intent in applying, broadens state employers' already broad exposure — even when compared to other states with pay transparency laws, say attorneys at Hunton.
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Navigating Employee Social Media Use Amid Political Violence
With concerns about employee social media use reaching a fever pitch in the wake of Charlie Kirk's assassination, employers should analyze the legal framework, update company policies and maintain a clear mission to be prepared to manage complaints around employees' polarizing posts amid rising political division and violence, say attorneys at Seyfarth.
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Series
Judging Figure Skating Makes Me A Better Lawyer
Judging figure skating competitions helps me hone the focus, decisiveness and ability to process complex real-time information I need in court, but more importantly, it makes me reengage with a community and my identity outside of law, which, paradoxically, always brings me back to work feeling restored, says Megan Raymond at Groombridge Wu.
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$100K H-1B Fee May Disrupt Rural Healthcare Needs
The Trump administration's newly imposed $100,000 supplemental fee on new H-1B petitions may disproportionately affect healthcare employers' ability to recruit international medical graduates, and the fee's national interest exceptions will not adequately solve ensuing problems for healthcare employers or medically underserved areas, say attorneys at Holland & Knight.
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Female Athletes' NIL Deal Challenge Could Be Game Changer
A challenge by eight female athletes to the NCAA’s $2.8 billion name, image and likeness settlement shows that women in sports are still fighting for their share — not just of money, but of respect, resources and representation, says Madilynne Lee at Anderson Kill.
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What Ethics Rules Say On Atty Discipline For Online Speech
Though law firms are free to discipline employees for their online commentary about Charlie Kirk or other social media activity, saying crude or insensitive things on the internet generally doesn’t subject attorneys to professional discipline under the Model Rules of Professional Conduct, says Stacie H. Rosenzweig at Halling & Cayo.
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How Okla. High Court Ruling Will Alter Workers' Comp. Cases
The Oklahoma Supreme Court's recent decision in OBI Holding Company v. Schultz-Butzbach confirms that workers' compensation claims should move through the system without needless delay, which means attorneys on both sides will need to adjust how they handle such claims, says Steven Hanna at Gilson Daub.
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A Mortgage Lender's Guide To State Licensing Overhaul
Recent changes to the Conference of State Bank Supervisors' Nationwide Mortgage Licensing System require careful attention and planning from mortgage lenders, including tweaks to remote work designations and individual disclosure questions, says Allison Schilz at Mitchell Sandler.
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Junior Attys Must Beware Of 5 Common Legal Brief Mistakes
Excerpt from Practical Guidance
Junior law firm associates must be careful to avoid five common pitfalls when drafting legal briefs — from including every possible argument to not developing a theme — to build the reputation of a sought-after litigator, says James Argionis at Cozen O'Connor.
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Tips For Contesting, Settling Citations With The OSHRC
Excerpt from Practical Guidance
To effectively practice before the Occupational Safety and Health Review Commission, employers should strategically use the notice of contest and thoughtfully evaluate settlement considerations, and recognize that the implications of Occupational Safety and Health Administration citations extend beyond immediate monetary penalties, says John Ho at Cozen O'Connor.
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Demystifying Generative AI For The Modern Juror
In cases alleging that the training of artificial intelligence tools violated copyright laws, successful outcomes may hinge in part on the litigator's ability to clearly present AI concepts through a persuasive narrative that connects with ordinary jurors, say Liz Babbitt at IMS Legal Strategies and Devon Madon at GlobalLogic.
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Lessons As Joint Employer Suits Shift From Rare To Routine
Joint employer allegations now appear so frequently that employers should treat them as part of the ordinary risk landscape, and several recent decisions demonstrate how fluid the liability doctrine has become, says Thomas O’Connell at Buchalter.
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Series
Power To The Paralegals: How And Why Training Must Evolve
Empowering paralegals through new models of education that emphasize digital fluency, interdisciplinary collaboration and human-centered lawyering could help solve workforce challenges and the justice gap — if firms, educators and policymakers get on board, say Kristine Custodio Suero and Kelli Radnothy.
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Series
Playing Softball Makes Me A Better Lawyer
My time on the softball field has taught me lessons that also apply to success in legal work — on effective preparation, flexibility, communication and teamwork, says Sarah Abrams at Baleen Specialty.
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5 Years In, COVID-19 Fraud Enforcement Landscape Is Shifting
As the government moves pandemic fraud enforcement from small-dollar individual prosecutions to high-value corporate cases, and billions of dollars remain unaccounted for, companies and defense attorneys must take steps now to prepare for the next five years of scrutiny, says attorney David Tarras.