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Employment
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July 11, 2025
Courts Face Early Push To Expand Justices' Injunction Ruling
In the two weeks since the U.S. Supreme Court curtailed federal judges' ability to issue universal injunctions, Trump administration attorneys have begun pushing to expand the decision's limits to other forms of relief used in regulatory challenges and class actions. So far, judges don't appear receptive to those efforts.
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July 11, 2025
3rd Circ. Nixes Rehire Of Welch's Worker In Harassment Fight
The Third Circuit on Friday vacated an order instructing Welch's to rehire a worker who was accused of using gender-based slurs toward a co-worker, saying an arbitrator needed to clarify whether she'd determined that sexual harassment occurred.
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July 11, 2025
State Dept. Defends Visa Revocations For Anti-Israel Protests
A senior U.S. Department of State official testified Friday that a series of high-profile visa and green card revocations were based on participation in campus protests or other acts that "fostered a hostile environment for Jewish students" and included expressions of support for terrorist organizations.
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July 11, 2025
Former NC Rep. Says State Law Covers Discrimination Suit
A former North Carolina lawmaker is fighting back against the state body of independent administrative law judges' effort to defeat his discrimination and retaliation case, saying state statute should cover his claims of being unfairly fired as its general counsel.
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July 11, 2025
Fired Red Cross Vax Refuser Seeks $6M As Jury Trial Wraps
An attorney for a nurse fired from the American Red Cross after being denied religious accommodation from the COVID-19 vaccine mandate asked a Detroit federal jury Friday for more than $6 million in damages for what he said was the organization's disregard of the woman's beliefs.
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July 11, 2025
Soros Fund Boss Says Radio CEO Can't Sue Him In Conn.
A Soros Fund Management LLC portfolio manager says a radio CEO cannot sue him in Connecticut because he's beyond the state's long-arm jurisdiction, seeking to shake the CEO's claim that he was boxed out of dividends and a potential job after allegedly helping the fund acquire broadcasting company Audacy Inc.
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July 11, 2025
PepsiCo Challenges $2.1M Tax Penalty In Ill. Supreme Court
Illinois' justices should overturn lower court decisions allowing $2.1 million in penalties on PepsiCo for categorizing Frito-Lay expatriates' compensation as foreign payroll, a categorization that excluded Frito-Lay's profits from PepsiCo's state income tax calculations, the food and beverage giant said in a petition.
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July 11, 2025
Clorox And Ex-HR Manager Agree To End Race Bias Suit
Clorox and one of its former human resources managers have agreed to settle the ex-worker's suit alleging she was forced out of her job for refusing to drop racial bias concerns related to the company's hiring practices, according to a joint stipulation filed in federal court.
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July 11, 2025
$16M Deal Gets OK In Wage Suit Against Wash. Hospitals
A $16 million deal ending three consolidated suits accusing Providence Health & Services and two related entities of not giving nearly 23,900 meal and rest breaks can proceed, a Washington state judge ruled, finding the deal fair.
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July 11, 2025
Mo. Halts Paid Sick Leave, Cost-Of-Living Wage Increases
Missouri Gov. Mike Kehoe has signed a bill repealing paid sick leave benefits and yearly cost-of-living wage increases that were approved by state voters in a ballot initiative.
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July 11, 2025
FTC Looks To Extend Pause Of Noncompete Rule Appeal
The Federal Trade Commission has asked the Fifth Circuit to keep an appeal over the commission's blocked noncompete rule on hold for another 60 days as the agency continues to mull whether it actually wants to defend the rule.
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July 11, 2025
US Seeks To Toss DOGE Taxpayer Data-Sharing Suit
Unions and advocacy organizations trying to block the White House's Department of Government Efficiency from sharing taxpayer data across agencies have not shown they've suffered the sort of injuries that would allow them to sue the federal government, the U.S. government told a D.C. federal court.
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July 11, 2025
8th Circ. Upholds Labor Peace Pacts In Minn. Cities
Contractors and an independent union lack standing to challenge requirements to comply with project labor agreements in three Minnesota cities, the Eighth Circuit ruled, finding only employees could raise the constitutional claims in the case.
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July 11, 2025
NJ Atty's Bias Suit Against McCarter & English Gets Trimmed
A New Jersey state judge dismissed the bulk of a former McCarter & English LLP attorney's anti-veteran discrimination and whistleblowing suit against the firm, but allowed one claim to proceed in an order Friday.
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July 11, 2025
Ex-Judge Pushes Back Against NJ's Stance On Her Conduct
A former workers' compensation judge has pushed back in her suit over her removal after the state of New Jersey said her conduct around discovery raises safety concerns of individuals she has targeted, telling a state court it's New Jersey that has engaged in harassing conduct.
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July 11, 2025
Calif. Panel Says Arbitration Provider Immune From Fraud Suit
An arbitration provider is immune from a logistics company's suit accusing it of not properly vetting its arbitrators, including one who oversaw a wage and hour suit against the company, a California appeals panel ruled, affirming a lower court's decision to nix the case.
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July 11, 2025
11th Circ. Won't Reinstate Worker's ERISA Arbitration Award
A divided Eleventh Circuit panel refused to restore a former water treatment company director's arbitration award of about $129,000 on claims that he should've been offered severance when demoted to a consultant, saying an arbitrator erroneously decided a federal benefits law claim the worker never raised.
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July 11, 2025
11th Circ. Revives Black Worker's Promotion Bias Suit
The Eleventh Circuit revived a Black worker's suit alleging a Georgia county wouldn't promote her to a more senior tax appraisal position out of racial discrimination, ruling that a jury needs to determine whether she was held to higher standards of qualifications than her non-Black peers.
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July 11, 2025
Logistics Co., Drivers To Mediate Misclassification Dispute
A logistics provider that helps manage trailers on company grounds will head to mediation to work toward settling a 650-member collective of drivers' suit accusing it of misclassifying them to avoid paying them overtime wages, a filing in Georgia federal court said.
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July 11, 2025
UK Litigation Roundup: Here's What You Missed In London
This past week in London has seen HS2 hit with a defamation claim by two ex-employees who blew the whistle on alleged under-reporting of costs, Craig Wright and nChain face legal action brought by its former chief financial officer over a fraud scheme, and pro-footballer Axel Tuanzebe bring a clinical negligence claim against his former club Manchester United F.C. Here, Law360 looks at these and other new claims in the U.K.
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July 10, 2025
Punitive Damages Ruling Deferred In Jack Nicklaus' Fla. Suit
A Florida state court judge deferred a decision on whether he'll overrule a previous order denying punitive damages in a defamation lawsuit brought by former professional golfer Jack Nicklaus against a company he founded and two of its officers, saying there must be enough evidence to find that reprehensible misconduct occurred.
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July 10, 2025
9th Circ. Sides With Civil Aid Attys In H-2A Farm Docs Dispute
A Ninth Circuit panel said Thursday that a lower court overstepped its authority by restricting a civil legal aid organization from using for advocacy purposes information that was gathered during discovery in a class of seasonal farmworkers' now-settled forced labor case against a Washington fruit grower.
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July 10, 2025
Stanford Accused Of Fostering Antisemitism In Bias Suit
A former Stanford University research fellow from Israel sued the university and a lab director in California federal court on Thursday, alleging that they fostered antisemitism on campus, retaliated against him for reporting discrimination and ultimately forced him to resign.
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July 10, 2025
Nonprofit Calls For Halt To Portland's Labor Peace Policy
A nonprofit providing janitorial services to the city of Portland urged an Oregon federal judge to block the city's enforcement of a requirement for the contractor to execute a labor peace agreement with a union, arguing the mandate infringes on the First Amendment by making employers stay neutral.
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July 10, 2025
Carma Says Ex-CLO, President Stole Hulk Hogan Beer Ideas
Carma HoldCo Inc. has filed a $10 million lawsuit in Illinois federal court against its former president and chief legal officer, accusing them of misappropriating its trade secrets and business plans related to "Real American" beer in a partnership with wrestler Hulk Hogan after they were terminated.
Expert Analysis
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How To Strengthen A Case By Mastering Expert Witness Prep
A well-prepared expert witness can bolster a case's credibility with persuasive qualifications, compelling voir dire responses and concise testimony that can withstand cross-examination, says Allison Rocker at Baker McKenzie.
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Navigating Court Concerns About QR Codes In FLSA Notices
As plaintiffs attorneys increasingly seek to include QR codes as a method of notice in Fair Labor Standards Act collective actions, counsel should be prepared to address judicial concerns about their use, including their potential to be duplicative and circumvent court-approved language, say attorneys at Shook Hardy.
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New FCPA Guidance Creates 5 Compliance Imperatives
In light of new Foreign Corrupt Practices Act guidelines that mark a fundamental shift in enforcement priorities, companies should consider several specific steps to ensure compliance, from enhanced due diligence to robust whistleblower protections, says Andrew Wirmani at Reese Marketos.
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Series
Playing The Violin Makes Me A Better Lawyer
Playing violin in a string quartet reminds me that flexibility, ambition, strong listening skills, thoughtful leadership and intentional collaboration are all keys to a successful legal practice, says Julie Park at MoFo.
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Employer Tips As Deepfakes Reshape Workplace Harassment
As the workplace harassment landscape faces the rising threat of fabricated media that hyperrealistically depict employees in sexual or malicious contexts, employers can stay ahead of the curve by tracking new legal obligations, and proactively updating policies, training and response protocols, say attorneys at Littler.
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Series
Law School's Missed Lessons: Practicing Self-Care
Law schools don’t teach the mental, physical and emotional health maintenance tools necessary to deal with the profession's many demands, but practicing self-care is an important key to success that can help to improve focus, manage stress and reduce burnout, says Rachel Leonard at MG+M.
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NFL Draft Incident Offers Remote Work Data Security Lessons
A recent incident in which an NFL coach's son prank called a potential draft pick after accessing confidential information on his father's computer serves as a wake-up call for organizations to analyze their protocols and practices related to protecting confidential information during remote work, say attorneys at Paul Hastings.
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ABA Opinion Makes It A Bit Easier To Drop A 'Hot Potato'
The American Bar Association's recent ethics opinion clarifies when attorneys may terminate clients without good cause, though courts may still disqualify a lawyer who drops a client like a hot potato, so sending a closeout letter is always a best practice, say attorneys at Thompson Hine.
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FMLA Expansion Sees State Progress Despite Federal Barriers
Recent legislative efforts to expand the Family and Medical Leave Act reflect workers' growing demand for work-life balance, but as federal proposals continue to face significant hurdles, states have stepped in, creating a labyrinth of leave laws and compliance headaches for multistate employers, say attorneys at FordHarrison.
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How To Balance AI Adoption With Employee Privacy Risks
Excerpt from Practical Guidance
As artificial intelligence transforms the workplace, organizations must learn to leverage AI's capabilities while safeguarding against employee privacy risks and complying with a complex web of regulations, including by vetting vendors, mitigating employee misuse and establishing a governance framework, say attorneys at Jackson Lewis.
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Series
My Opera And Baseball Careers Make Me A Better Lawyer
Though participating in opera and the world of professional baseball often pulls me away from the office, my avocations improve my legal career by helping me perform under scrutiny, prioritize team success, and maintain joy and perspective at work, says Adam Unger at Herrick Feinstein.
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High Court ACA Ruling May Harm Preventative Care
The U.S. Supreme Court's decision in Kennedy v. Braidwood last week, ruling that the U.S. Department of Health and Human Services secretary has authority over an Affordable Care Act preventive care task force, risks harming the credibility of the task force and could open the door to politicians dictating clinical recommendations, says Michael Kolber at Manatt.
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8 Ways Lawyers Can Protect The Rule Of Law In Their Work
Whether they are concerned with judicial independence, regulatory predictability or client confidence, lawyers can take specific meaningful actions on their own when traditional structures are too slow or too compromised to respond, says Angeli Patel at the Berkeley Center of Law and Business.
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New Law May Reshape Fla. Employer Noncompete Strategy
With Florida's CHOICE Act taking effect this week, employers should consider the pros and cons of drafting new restrictive covenant agreements with longer noncompete or garden leave periods and enhanced enforcement mechanisms, say attorneys at Vedder Price.
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Justices' Review Of Fluor May Alter Gov't Contractor Liability
The U.S. Supreme Court's decision to review Hencely v. Fluor, a case involving a soldier’s personal injury claims against a government contractor, suggests the justices could reconsider a long-standing test for determining whether contractors are shielded from state-tort liability, says Lisa Himes at Rogers Joseph.