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Employment
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September 23, 2025
Feds Tell Justices GEO Can't Rush Detainee Work Row Appeal
The federal government told the U.S. Supreme Court that immigrant detention contractor The GEO Group Inc. is wrong when it asserts that a federal judge's rejection of its immunity defense to a detainee class action could be appealed immediately.
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September 23, 2025
Amazon Workers Get Cert. In Wage Suit Over New Hire Events
A California federal judge certified a class of Amazon workers who allege the retail giant failed to pay them for time spent at mandatory new hire events, but she granted the company partial summary judgment on some of the wage allegations against it.
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September 23, 2025
DHS Floats H-1B Rule To Prioritize Higher-Paid Workers
The Trump administration proposed a rule on Tuesday to change the H-1B lottery process to one that gives priority to higher-skilled workers at companies offering better pay, according to a Federal Register notice.
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September 23, 2025
Ex-Provost Says UNC Hired Belichick After Unlawful Meeting
A former provost is suing the University of North Carolina at Chapel Hill's board of trustees in state court, alleging the board conducted last-minute hiring deliberations over a multimillion-dollar contract for legendary football coach Bill Belichick in an unlawfully secret meeting.
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September 23, 2025
9th Circ. Won't Revive Religious Bias Suit Over COVID Tests
A split Ninth Circuit panel backed the dismissal of a religious bias suit Tuesday from a Christian hospital worker who said she was fired for objecting to COVID-19 nasal testing, ruling she hadn't made a connection between her opposition to testing and her faith.
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September 23, 2025
Feds, Military Officers Support Contractor In Vet Injury Suit
The U.S. government and senior military officers urged the U.S. Supreme Court to reject a veteran's attempt to revive state-based injury claims against a defense contractor, warning that doing so would disrupt military effectiveness and intrude into federal authority.
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September 23, 2025
9th Circ. Won't Upend Retrial Order In UPS Race Bias Suit
The Ninth Circuit backed a lower court's decision to order a new trial in a Black former UPS employee's race bias suit, saying Tuesday the district court didn't err when it determined that a $238 million jury verdict was tainted by misconduct from the worker's counsel.
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September 23, 2025
1st Circ. Revives Fired Airport Worker's Retaliation Suit
A First Circuit panel has reinstated a retaliation claim against a Massachusetts-based regional airline accused of wrongfully firing an injured worker several months after he reported his injury to Puerto Rico's workers' compensation program.
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September 23, 2025
Meta Foiled Man's Disability Leave, Caregiving Time, Suit Says
Meta failed to accommodate an employee who had disabilities and didn't allow him time off to take care of his terminally ill father in Tel Aviv, a suit filed in California state court claims.
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September 23, 2025
Former NJ Workers' Comp Judge's Firing Suit Trimmed
New Jersey has been granted partial summary judgment in its defense of a suit from a former workers' compensation judge who alleges that she was unconstitutionally removed from her job, with a state judge tossing her due process claims but letting certain discrimination claims proceed.
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September 23, 2025
NLRB Can't Force Reinstatement Of Truck Workers' Union
An Illinois federal judge denied the National Labor Relations Board an order that would've made a truck seller resume dealing with a union it rebuked twice, rejecting the board's argument that the company's first, questionably legal withdrawal of recognition caused the loss of faith that underlay the second.
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September 23, 2025
Admin Argues Copyright Chief Seeks 'Sweeping Remedies'
The Trump administration told a D.C. federal court that it had the authority to remove Shira Perlmutter as head of the U.S. Copyright Office, saying her suit over her firing seeks "sweeping remedies" she isn't entitled to.
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September 23, 2025
Bipartisan House Reps Float Bill Protecting Older Job Seekers
House lawmakers from both sides of the aisle said they have introduced legislation that would amend the Age Discrimination in Employment Act to state explicitly that it shields job applicants as well as employees.
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September 23, 2025
Phoenix Suns Cut State Claims From Ex-DEI Head's Lawsuit
The NBA's Phoenix Suns narrowed a suit from a former diversity, equity and inclusion chief who alleged she was fired for calling out racially insensitive remarks and disrespect toward Black employees, as a federal judge ruled she'd waited too long to bring claims under Arizona law.
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September 23, 2025
NC Paralegal Says Cancer Is Disability In Bias Fight With Firm
A paralegal in North Carolina said The Driscoll Firm PC can't duck her suit claiming she was fired a day after informing higher-ups that her ovarian cancer had come back, arguing the complaint contains sufficient allegations of her disability and the firm's wrongful discharge.
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September 22, 2025
Amazon Says NY Labor Law Update Steps On NLRA
Amazon on Monday launched a federal lawsuit challenging an amendment to New York labor law that the ecommerce company says "flips U.S. labor law on its head" by unconstitutionally empowering the state's Public Employment Relations Board to regulate private-sector labor relations already covered by federal law.
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September 22, 2025
$100K H-1B Fee Will Likely Hurt Both US And Foreign Workers
The new $100,000 fee for H-1B visas, which took effect on Sunday with little advance notice, blindsided immigration attorneys who told Law360 that it could ultimately hurt domestic workers by driving U.S. companies to do business elsewhere.
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September 22, 2025
Freight Broker, Widow Tell 4th Circ. To Note Preempted Claims
Echo Global Logistics Inc. and a widow suing the freight broker over a 2022 South Carolina trucking accident have called the Fourth Circuit's attention to recent appellate decisions that have further divided courts considering whether freight brokers can be held liable for allegedly negligently picking motor carriers.
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September 22, 2025
Baker McKenzie Says Atty Is 'Trolling' Firm With Assault Claims
A former Baker McKenzie tax associate who has flooded social media with allegations that she was sexually assaulted by the leader of the international law firm's D.C. office is now facing a defamation lawsuit accusing her of "trolling" the firm with false claims.
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September 22, 2025
Justices Urged To Narrow Liability Defense In GEO Wage Row
Public Citizen urged the U.S. Supreme Court on Monday to rein in lower courts' interpretation of the 85-year-old Yearsley ruling, arguing it doesn't provide government contractors sovereign immunity derived from the government.
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September 22, 2025
DC Circ. Mulls International Media Funding, Firings
The D.C. Circuit is set to decide whether or not to allow the Trump administration to continue dismantling the agency that oversees state news broadcaster Voice of America after hearing consolidated arguments Monday morning in a quartet of cases challenging the shutdown.
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September 22, 2025
Harvard Beats Suit Over Instructor's Vaccine-Refusal Firing
Harvard University beat a suit by a former medical school instructor who claimed he was wrongly fired for refusing to get a COVID-19 vaccine, as a federal judge ruled his dismissal was automatically triggered when he was terminated by a Harvard-affiliated hospital.
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September 22, 2025
Spirit Airlines To Furlough 1,800 Workers Amid Ch. 11
Bankrupt budget air carrier Spirit Airlines will furlough one-third of its flight attendants in the coming months as it aims to cut costs in its bankruptcy, Spirit confirmed Monday.
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September 22, 2025
NJ AG Alleges Starbucks Fell Short On Breast-Pumping Space
Starbucks violated New Jersey's antidiscrimination laws by failing to reasonably accommodate the needs of a postpartum nursing barista with an adequate, private space for her to express breast milk during her shift, New Jersey Attorney General Matthew J. Platkin alleged Monday.
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September 22, 2025
Cruz Urges Trump To Back Pilot Retirement Age Increase
Sen. Ted Cruz, R-Texas, urged the White House to support a proposal that would raise an international aviation agency's standard for pilot retirement age from 65 to 67, saying the arbitrary age limit makes flying more dangerous and expensive.
Expert Analysis
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Enviro Justice Efforts After Trump's Disparate Impact Order
The Trump administration's recent executive order directing the U.S. Department of Justice to unwind disparate impact regulations may end some Biden-era environmental justice initiatives — but it will not end all efforts, whether by state or federal regulators or private litigants, to address issues in environmentally overburdened communities, say attorneys at ArentFox Schiff.
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Disparate Impact Theory Lives On Despite Trump Order
Although President Donald Trump's recent executive order directed federal agencies to stop pursuing disparate impact claims, employers may still be targeted by private litigants' claims and should therefore stay alert to the risk that their practices may produce a disparate impact on members of a protected group, say attorneys at Duane Morris.
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Jurisdictional Issues At Play In 9th Circ.'s FCA Trade Case
A decision by the Ninth Circuit in Island Industries v. Sigma Corp. could result in the U.S. Court of International Trade’s exclusive jurisdiction over trade-related FCA cases, a big shift in the enforcement landscape just as tariffs take center stage in trade policy, say attorneys at Haynes Boone.
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Deregulation Memo Presents Risks, Opportunities For Cos.
A recent Trump administration memo providing direction to agencies tasked with rescinding regulations under an earlier executive order — without undergoing the typical notice-and-review process — will likely create much uncertainty for businesses, though they may be able to engage with agencies to shape the regulatory agenda, say attorneys at Blank Rome.
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Series
Law School's Missed Lessons: Mastering Discovery
The discovery process and the rules that govern it are often absent from law school curricula, but developing a solid grasp of the particulars can give any new attorney a leg up in their practice, says Jordan Davies at Knowles Gallant.
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Understanding Compliance Concerns With NY Severance Bill
New York's No Severance Ultimatums Act, if enacted, could overhaul how employers manage employee separations, but employers should be mindful that the bill's language introduces ambiguities and raises compliance concerns, say attorneys at Norris McLaughlin.
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Opinion
The IRS Shouldn't Go To War Over Harvard's Tax Exemption
If the Internal Revenue Service revokes Harvard's tax-exempt status for violating established public policy — a position unsupported by currently available information — the precedent set by surviving the inevitable court challenge could undercut the autonomy and distinctiveness of the charitable sector, says Johnny Rex Buckles at Houston Law Center.
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What Employers Should Know Ahead Of H-2B Visa Changes
Employers should be aware of several anticipated changes to the H-2B visa program, which allows employers to hire temporary foreign workers, including annual prevailing wage changes and other shifts arising from recent U.S. Supreme Court decisions and the new administration, say Steve Bronars and Elliot Delahaye at Edgeworth Economics, and Chris Schulte at Fisher Phillips.
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Opinion
Int'l Athletes' Wages Should Be On-Campus Employment
The U.S. Department of Homeland Security should recognize participation in college athletics by international student-athletes as on-campus employment to prevent the potentially disastrous ripple effects on teams, schools and their surrounding communities, says Catherine Haight at Haight Law Group.
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Series
Playing Guitar Makes Me A Better Lawyer
Being a lawyer not only requires logic and hard work, but also belief, emotion, situational awareness and lots of natural energy — playing guitar enhances all of these qualities, increasing my capacity to do my best work, says Kosta Stojilkovic at Wilkinson Stekloff.
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Addressing PFAS Risks In Public Company Disclosures
As individual lawsuits and class actions over PFAS risks spanning multiple sectors and products increase, and rapidly evolving and often unclear regulatory initiatives on both the federal and state levels proliferate, it's more important than ever for companies to know how and when to complete PFAS-related disclosures, say attorneys at Venable.
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Takeaways From DOJ's Latest FCA Customs Fraud Intervention
The U.S. Department of Justice's recent intervention in a case alleging customs-related reverse False Claims Act fraud underlines the government’s increased scrutiny of, and importers’ corresponding exposure from, information related to product classification, country of origin and pricing, say attorneys at Bass Berry.
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4 Trends Responsible For Declining FLSA Filings
In 2024, the number of Fair Labor Standards Act claims filed in federal courts continued to decrease, reflecting a steady decline in federal FLSA filings since 2015 due to a few trends, including increased compliance and presuit resolution, say attorneys at Seyfarth.
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Crisis Management Lessons From The Parenting Playbook
The parenting skills we use to help our kids through challenges — like rehearsing for stressful situations, modeling confidence and taking time to reset our emotions — can also teach us the fundamentals of leading clients through a corporate crisis, say Deborah Solmor at the Wisconsin Alumni Research Foundation and Cara Peterman at Alston & Bird.
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When Physical And Cyber Threats Converge: 6 Tips For Cos.
Amid an ongoing trend of increased digital threats of harm made against corporations, organizations and high-profile individuals, an emerging legal framework is providing a risk management road map for general counsel and their teams to navigate the increasingly fraught landscape, say attorneys at Covington.