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Employment
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July 15, 2025
2 NY Legal Services Shops Go On Strike, More Could Follow
Two member shops of the Association of Legal Aid Attorneys — a union that represents thousands of public interest attorneys and advocates in the New York City metro area — commenced strikes Tuesday, with deadlines for others looming later this week as the ALAA hopes its sectoral bargaining strategy will lead to better contracts.
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July 15, 2025
Law Curbing Arbitration Keeps AutoNation Bias Suit In Court
AutoNation Inc. can't arbitrate a former sales associate's lawsuit claiming supervisors treated her differently because she's an older Black woman and made sexual comments in the workplace, a California state appeals court ruled, saying her case is shielded by a federal law prohibiting mandatory arbitration of sex harassment cases.
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July 15, 2025
Judge Won't Block Strike On Calif. Native American Casino
A California federal judge won't intervene in a strike at a Native American casino until the casino and a union have fleshed out their arguments over whether the work stoppage is legal, saying the casino's request for a restraining order left several key questions unanswered.
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July 15, 2025
TikTok, Chinese Co. Dispute Ownership Of Video Editing Tech
TikTok and a Chinese company that accuses it of stealing trade secrets for a video-editing tool and infringing copyrights related to the tool have filed opposing motions for summary judgment, with the social media giant arguing that the plaintiff has not established ownership of the technology in question.
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July 15, 2025
UnitedHealth, Optum Accused Of Pregnancy Discrimination
Optum Care Inc. and parent company UnitedHealth Group fired a care team supervisor while she was on maternity leave without a tangible reason, according to a suit lodged in California state court.
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July 15, 2025
Public Sector Labor Policy Expert Joins Fox Rothschild
A longtime government attorney with years of experience in labor law and policy has jumped into the private sector, coming aboard Fox Rothschild's Washington, D.C., office as of counsel in the firm's labor and employment department.
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July 14, 2025
7th Circ. Upholds Exxon's Win In Ex-Lab Tech's Sex Bias Suit
The Seventh Circuit on Monday refused to revive a former ExxonMobil Corp. employee's sex discrimination suit against the major oil and gas company, saying the woman failed to prove she was treated less favorably than male colleagues in the lead-up to her termination.
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July 14, 2025
9th Circ. Partially Revives Doc's COVID-19 Insurance Fight
The Ninth Circuit on Monday revived a lawsuit from an immunocompromised oral surgeon claiming Paul Revere Life Insurance Co. wrongly denied him disability benefits when he stopped working during the COVID-19 pandemic, saying a reasonable jury could find that he was unable to do his work.
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July 14, 2025
Honeywell Resolves Ohio Worker's Overtime Pay Dispute
Honeywell has settled a former Ohio employee's lawsuit alleging that the conglomerate failed to pay her for all hours worked, including automatically deducting lunch breaks she often didn't take and not paying her for time spent undergoing COVID-19 screenings before each shift, court documents show.
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July 14, 2025
Mich. Tribe Says Sovereign Immunity Bars Data Breach Claims
A Michigan tribe is backing its stance in federal court to dismiss a proposed class action by a group of casino employees, arguing the workers are looking to usurp recent U.S. Supreme Court precedent in a way to all but eliminate tribal sovereignty.
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July 14, 2025
Mich. Judge Claims Watchdog's Process Violates Due Process
A Michigan judge accused by the state's judicial watchdog of creating a "climate of fear" among court staff is fighting the accusations, saying interpersonal issues were related to her "desire for accurate records, professionalism and respect" and calling the commission's pursuit of charges "misdirected and unfair."
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July 14, 2025
Judge Suggests Pruning Ex-Turner Sports Worker's Bias Suit
A Georgia federal magistrate judge said Monday that the court should trim a former Turner Sports human resources employee's lawsuit claiming she was denied severance benefits when she quit following the merger of Discovery Inc. and WarnerMedia, saying the worker couldn't support allegations that an executive's statements caused her harm.
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July 14, 2025
DC Circ. Says Biden DOL Didn't Improperly Issue H-2A Rule
The D.C. Circuit has said the Biden administration did not flout notice and comment rulemaking procedures when it issued a rule in 2022 revising the H-2A visa worker program because it pulled the Trump administration's 2021 version of the rule before it became final.
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July 14, 2025
Ga. Contractor Denies Harassment Claims In EEOC Lawsuit
A Georgia construction contractor has denied claims from the U.S. Equal Employment Opportunity Commission that a former employee of the company faced years of sexual harassment and groping from its owner and CEO.
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July 14, 2025
Marriott Gets Worker's Wage Suit Tossed, For Now
A Washington federal judge reconsidered his prior decision sending a Marriott worker's wage and hour suit back to state court, agreeing with the hotel giant's argument that the amount in controversy is above $5 million, and dismissed the proposed class action while allowing the worker to update his claims.
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July 14, 2025
9th Circ. Keeps Alive Part Of Prof's DEI Free Speech Fight
A California professor can continue to sue his community college district over its enforcement of certain state regulations proscribing diversity and inclusion practices because they press on his free speech rights, the Ninth Circuit said, but stopped short of reviving the entire lawsuit.
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July 14, 2025
Ga. County Wants 11th Circ. To Nix Trans Deputy's Health Win
A Georgia county urged the Eleventh Circuit to reverse a transgender sheriff's deputy's trial court win on claims that denying coverage for a vaginoplasty constituted discrimination in violation of Title VII, arguing the U.S. Supreme Court's recent decision upholding a Tennessee state ban on gender-affirming care for minors supported its appeal.
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July 14, 2025
Privilege Issue Snarls Free-Speech Trial Over Deportations
A Massachusetts federal bench trial in a suit by academic groups accusing the Trump administration of targeting for deportation noncitizens who express support for Palestinians was on hold Monday while the First Circuit considers whether certain government materials are privileged, including some that have already been discussed in open court.
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July 14, 2025
NC Bakery Accused Of Denying Workers Overtime Pay
A Durham, North Carolina-based bakery is being accused of paying its employees a flat hourly rate regardless of how many hours they worked in violation of labor law, according to a proposed collective action filed in North Carolina federal court.
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July 14, 2025
5th Circ. Upholds Law Banning Strip Club Workers Under Age 21
The Fifth Circuit on Monday said that a Texas law barring people under 21 from working at strip clubs and other adult businesses passes a First Amendment test, saying Monday the law helps prevent sexual trafficking and furthers a significant government interest.
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July 14, 2025
States Back Domestic Violence Groups In DOJ Grant Fight
Nearly two dozen states are backing a group of domestic violence coalitions in their bid to block the Trump administration from imposing restrictions on grants by the Department of Justice's Office on Violence Against Women, saying the funding is critical to their ability to fulfill their public safety obligations.
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July 14, 2025
Fla. Says High Court Rulings Back Trans Care Medicaid Ban
Florida told the Eleventh Circuit that recent U.S. Supreme Court rulings affirm the legality of a state law banning Medicaid payments for gender-affirming medical care, arguing its restrictions mirror a similar Tennessee law upheld by the justices because it centers on gender dysphoria diagnoses, not one's sex.
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July 14, 2025
Ex-Tech Worker Says Expenses Suit Shouldn't Be Arbitrated
A customer experience technology company can't force arbitration in a lawsuit alleging remote workers weren't reimbursed for internet service and computers they were mandated to purchase, an ex-employee told a Colorado federal court, arguing the company can't show that she and another worker signed valid arbitration agreements.
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July 14, 2025
5th Circ. Revives Suit Accusing UT Of Race-Based Admissions
A Fifth Circuit panel partially revived a lawsuit accusing the University of Texas at Austin of continuing to consider race in admissions decisions despite the U.S. Supreme Court's 2023 decision ending affirmative action programs.
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July 14, 2025
Mich. Jury Sides With Red Cross In COVID Vax Refusal Suit
A Michigan federal jury on Monday found that a former American Red Cross nurse's request for an exemption from the organization's COVID-19 vaccine mandate wasn't based on a sincere religious belief that barred her from getting the injection, rejecting the worker's request for more than $6 million in damages for her firing.
Expert Analysis
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Key Takeaways From The 2025 Spring Antitrust Meeting
Leadership changes, shifting priorities and evolving enforcement tools dominated the conversation at the recent American Bar Association Spring Antitrust Meeting, as panelists explored competition policy under a second Trump administration, agency discretion under the 2023 merger guidelines and new frontiers in conduct enforcement, say attorneys at Freshfields.
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Running A Compliant DEI Program After EEOC, DOJ Guidance
Following recent guidance from the U.S. Equal Employment Opportunity Commission and the U.S. Department of Justice that operationalized the Trump administration's focus on ending so-called illegal DEI, employers don't need to eliminate DEI programs, but they must ensure that protected characteristics are not considered in employment decisions, say attorneys at Holland & Knight.
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Series
Law School's Missed Lessons: Be An Indispensable Associate
While law school teaches you to research, write and think critically, it often overlooks the professional skills you will need to make yourself an essential team player when transitioning from a summer to full-time associate, say attorneys at Stinson.
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NWSL's $5M Player Abuse Deal Shifts Standard For Employers
The National Women's Soccer League's recent $5 million settlement addressing players' abuse allegations sends a powerful message to leagues, entertainment entities and employers everywhere that employee safety, accountability and transparency are no longer optional, say attorneys at Michelman & Robinson.
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Mass. AG Emerges As Key Player In Consumer Protection
Through enforcement actions and collaborations with other states — including joining a recent amicus brief decrying the defunding of the Consumer Financial Protection Bureau — Massachusetts Attorney General Andrea Campbell has established herself as a thought leader for consumer protection and corporate accountability, say attorneys at Troutman Pepper.
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Series
Birding Makes Me A Better Lawyer
Observing and documenting birds in their natural habitats fosters patience, sharpens observational skills and provides moments of pure wonder — qualities that foster personal growth and enrich my legal career, says Allison Raley at Arnall Golden.
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What To Know About Restrictions On Former Federal Workers
Excerpt from Practical Guidance
Amid reductions to the federal workforce, agency counsel should be mindful that workers who are leaving government employment will still be covered by federal ethics restrictions upon their departure, including recusal requirements and temporary and permanent bans, says Rex Iacurci at LexisNexis.
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Series
Adapting To Private Practice: From DOJ Leadership To BigLaw
The move from government service to private practice can feel like changing one’s identity, but as someone who has left the U.S. Department of Justice twice, I’ve learned that a successful transition requires patience, effort and the realization that the rewards of practicing law don’t come from one particular position, says Richard Donoghue at Pillsbury.
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In-House Expert Testimony Is Tricky, But Worth Considering
Litigation counsel often reject the notion of designating in-house personnel to provide expert opinion testimony at trial, but dismissing them outright can result in a significant missed opportunity, say David Ben-Meir at Ben-Meir Law and Martin Pitha at Lillis Pitha.
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Issues To Watch At ABA's Antitrust Spring Meeting
Attorneys at Freshfields consider the future of antitrust law and competition enforcement amid agency leadership changes and other emerging developments likely to dominate discussion at the American Bar Association's Antitrust Spring Meeting this week.
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Tracking Changes To AI Evidence Under Federal Rules
As the first quarter of 2025 draws to a close, important changes to the Federal Rules of Evidence regarding the use of artificial intelligence in the courtroom are on the horizon, including how to handle evidence that is a product of machine learning, say attorneys at Debevoise.
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Navigating The Use Of AI Tools In Workplace Investigations
Excerpt from Practical Guidance
Artificial intelligence tools can be used in workplace investigations to analyze evidence and conduct interviews, among other things, but employers should be aware of the legal and practical risks, including data privacy concerns and the potential for violating antidiscrimination laws, say attorneys at Fisher Phillips.
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Law Firm Executive Orders Create A Legal Ethics Minefield
Recent executive orders targeting BigLaw firms create ethical dilemmas — and raise the specter of civil or criminal liability — for the government attorneys tasked with implementing them and for the law firms that choose to make agreements with the administration, say attorneys at Buchalter.
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NLRB Firing May Need Justices' Input On Removal Power
President Donald Trump's unprecedented removal of National Labor Relations Board member Gwynne Wilcox spurred a lawsuit that is sure to be closely watched, as it may cause the U.S. Supreme Court to reexamine a 1935 precedent that has limited the president's removal powers, say attorneys at Kelley Drye.
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Trade Policy Shifts Raise Hurdles For Gov't And Cos. Alike
The persistent tension between the Trump administration's fast-moving and aggressive trade policies and the compliance-heavy nature of the trade industry creates implementation challenges for both the business community and the government, says Sara Schoenfeld at Kamerman.