Employment

  • June 17, 2025

    2nd Circ. Seems Inclined To Uphold FedEx Race Bias Win

    A Black fired FedEx driver may not have laid out sufficient evidence to get his race discrimination and retaliation suit revived, a Second Circuit panel indicated Tuesday, with one judge saying she wasn't sure how the facts he had presented would be enough for an initial case.

  • June 17, 2025

    PepsiCo Makes Workers Undercount Hours, PAGA Suit Says

    PepsiCo instructs hourly paid employees to only document their scheduled hours and not the time they actually spend working, causing workers to lose out on overtime wages and not receive pay for skipped meal breaks, a Private Attorneys General Act suit filed in California state court said.

  • June 17, 2025

    Former Antitrust Enforcers Launching New Firm

    Former enforcers from the Federal Trade Commission and the U.S. Department of Justice launched a new law firm on Tuesday, Simonsen Sussman LLP, to bring cases on behalf of entrepreneurs, small businesses, workers and other victims of anticompetitive practices.

  • June 16, 2025

    Davis Wright Must Face Employment Atty's Defamation Claim

    A Washington state judge refused to toss in their entirety an employment attorney's defamation claims against Davis Wright Tremaine LLP and other firm partners, finding Washington's Uniform Public Expression Protection Act shields the firm from some of the attorney's allegations, but not all.

  • June 16, 2025

    Life Spine Accuses Ex-CEO Of Stealing Money, Trade Secrets

    Spinal device maker Life Spine slapped its founder with a civil suit in Illinois state court Friday accusing him of embezzling millions of dollars from the company through fraudulent credit card charges for motorsports, a lavish Mexico vacation for his family, customized golf clubs, jewelry and a Porsche for his wife. 

  • June 16, 2025

    Tyler Perry Hit With 'The Oval' Actor's $260M Sex Assault Suit

    Actor Derek Dixon has accused Tyler Perry of sexually harassing and assaulting him while he was a series regular on the media mogul's political drama, "The Oval," and then retaliating against Dixon when he didn't reciprocate Perry's unwanted advances, according to the actor's $260 million lawsuit filed in Los Angeles.

  • June 16, 2025

    Petroleum Co. Owes $21M In Withdrawal Liability, Fund Says

    Petroleum company Sieveking Inc. was hit Monday with a $21 million withdrawal liability suit in Illinois federal court by a pension fund that says the company should be paying off its balance while it asks an arbitrator to weigh in.

  • June 16, 2025

    4th Circ. Upholds Revival Of Naval Engineers' No-Poach Case

    The Fourth Circuit has kept its revival of a no-poach wage-fixing case against some of the nation's biggest warship makers intact, rejecting a petition to rehear the case en banc after a three-judge panel kicked it back to district court last month.

  • June 16, 2025

    Garbage-Truck Maker, Ex-Exec Stole Trade Secrets, Jury Told

    Counsel for a fleet management technology firm told an Illinois federal jury Monday afternoon that a garbage-truck manufacturer it worked with to develop a system for monitoring waste-hauling vehicles breached their contract when it poached one of its executives and used confidential information he brought with him to build a competing product.

  • June 16, 2025

    WaPo Cleared Of Illegal Firing Claim Over Reporter's Tweets

    The Washington Post lawfully fired a reporter who spoke up about a co-worker's retweet that she found sexist, a National Labor Relations Board judge ruled Monday, finding the journalist's remarks on social media disparaged the newspaper and did not link to a labor dispute.

  • June 16, 2025

    Lowe's Faces Worker Class Claims Over Tobacco Surcharge

    Lowe's overcharges its employees for health insurance if they are tobacco users in violation of federal benefits law, according to a proposed class action filed Monday in North Carolina federal court.

  • June 16, 2025

    Unions Can't Sue Over Canceled Columbia Funds, Judge Says

    A New York federal judge on Monday dismissed two unions' challenge to the Trump administration's decision ending $400 million in funding to Columbia University, saying the unions cannot sue over funding that was never theirs.

  • June 16, 2025

    Ex-Fox News Host, Employee Agree To End Sex Assualt Case

    Former Fox News anchor Ed Henry has settled a lawsuit brought by a former producer who accused him of rape and sexual assault, according to a stipulation of dismissal filed in New York federal court on Monday.

  • June 16, 2025

    Steakhouse Wants Class Unraveled In Tip Credit Suit

    A class of tipped servers should be broken up, a steakhouse at the Foxwoods Resort Casino told a Connecticut state court, saying the workers cannot show that they all performed untipped side work that caused them to lose out on wages.

  • June 16, 2025

    HIV, AIDS Patients Denied Class Cert. In CVS Bias Fight

    A California federal judge has refused to certify a proposed class of HIV and AIDS patients alleging CVS Pharmacy Inc. violated federal disability bias protections by making their medication harder to access, finding the proposed group failed to meet the commonality standards under federal law. 

  • June 16, 2025

    ABA Sues Over Trump's 'Law Firm Intimidation Policy'

    The American Bar Association sued dozens of federal officials and agencies in D.C. federal court Monday, saying President Donald Trump and his administration have used the executive branch's vast powers "to coerce lawyers and law firms to abandon clients, causes and policy positions" he doesn't like.

  • June 16, 2025

    Worker Asks 4th Circ. To Rethink Tossed Pregnancy Bias Suit

    A former medical center worker who claims she was fired out of pregnancy bias urged the Fourth Circuit to reconsider upholding the dismissal of her suit, arguing the panel ignored evidence that she performed her job successfully when crediting her ex-employer's defense that she was fired for subpar work.

  • June 16, 2025

    Former DOJ Worker's Disability Bias Suit Trimmed In Texas

    A Texas federal judge has cut out several claims, including those alleging a hostile work environment, from a former Department of Justice human resources employee's lawsuit, leaving intact only claims for retaliation and disability discrimination relating to the termination of her employment.

  • June 16, 2025

    Ga. Judge Won't Revive Attorney's Lien On Former Client

    The former attorney of a onetime Georgia county auditor cannot recover attorney fees from her earlier representation of the auditor in a whistleblower suit, a federal judge has ruled, finding she failed to prove she was prevented from fully and fairly litigating her case.

  • June 16, 2025

    X Workers Say Musk Personally Liable In Severance Spat

    Elon Musk should be held personally liable for workers' unpaid severance benefits claims, the former X Corp. employees told a Delaware federal court, saying he retained so much control over the social media company that the company alone cannot be at fault.

  • June 16, 2025

    Ex-Employee Accuses NFL's Chiefs Of Racial Bias After Firing

    The Kansas City Chiefs' former director of player engagement is accusing the team in Missouri federal court of unjustly firing him and retaliating against him because he is Black, and that other Black employees received disproportionate treatment compared to white workers.

  • June 16, 2025

    5th Circ. Won't Keep Dish Bias Case Out Of Arbitration

    The Fifth Circuit reinstated a Hispanic former Dish Network employee's suit claiming he was forced out in favor of a younger, white worker, but said the case had to remain in arbitration because he hadn't shown an agreement he signed was invalid.

  • June 16, 2025

    Town Pushed Out Older, Black Worker Out Of Bias, Suit Says

    A North Carolina town forced a Black worker to retire due to his age after refusing to properly staff and fund his wastewater treatment facility with the same resources handed to white managers, he said in a race and age bias suit in federal court.

  • June 16, 2025

    Delta Denied OT To Worker Juggling 2 Roles, Court Told

    Delta Air Lines and a staffing firm failed to pay a worker overtime wages despite expecting her to fulfill the duties of two full-time positions and work more than 40 hours per week, she said in a complaint in Georgia federal court.

  • June 16, 2025

    High Court Won't Revisit Landmark Religious Freedom Ruling

    The U.S. Supreme Court vacated and remanded a case from a Roman Catholic diocese in New York on Monday, bypassing for now the chance to overturn a landmark ruling that restricts First Amendment religious freedom challenges.

Expert Analysis

  • A Path Forward For Cos. Amid Trump's Anti-DEIA Efforts

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    Given the Trump administration’s recent efforts targeting corporate diversity, equity, inclusion and accessibility programs — including threatening possible criminal prosecution — companies should carefully tailor their DEIA initiatives to comply with both the letter and the spirit of antidiscrimination law, say attorneys at Pillsbury.

  • Workforce Data Collection Considerations After DEI Order

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    Following President Donald Trump's executive order targeting diversity, equity and inclusion efforts, employers should balance the benefits of collecting demographic data with the risk of violating the order’s prohibition on "illegal DEI," say Lynn Clements at Berkshire Associates, David Cohen at DCI Consulting and Victoria Lipnic at Resolution Economics.

  • Evidence Rule May Expand Use Of Out-Of-Court Statements

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    A proposed amendment to Federal Rule of Evidence 801(d)(1)(A) would broaden the definition of nonhearsay, reflects a more pragmatic approach to regulating the admissibility of out-of-court statements by declarant-witnesses, and could help level the playing field between prosecutors and criminal defendants, say attorneys at Hangley Aronchick.

  • Series

    Racing Corvettes Makes Me A Better Lawyer

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    The skills I use when racing Corvettes have enhanced my legal practice in several ways, because driving, like practicing law, requires precision, awareness and a good set of brakes — complete with the wisdom to know how and when to use them, says Kat Mateo at Olshan Frome.

  • How DOGE's Severance Plan May Affect Federal Employees

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    President Donald Trump's administration, working through the Department of Government Efficiency, recently offered a severance package to nearly all of the roughly 2 million federal employees, but unanswered questions about the offer, coupled with several added protections for government workers, led to fewer accepted offers than expected, says Aaron Peskin at Kang Haggerty.

  • Opinion

    At 100, Federal Arbitration Act Is Used To Thwart Justice

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    The centennial of the Federal Arbitration Act, a law intended to streamline dispute resolution in commercial agreements, is an opportunity to reflect on its transformation from a tool of fairness into a corporate shield that impedes the right to a fair trial, says Lori Andrus at the American Association for Justice.

  • Opinion

    Attorneys Must Act Now To Protect Judicial Independence

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    Given the Trump administration's recent moves threatening the independence of the judiciary, including efforts to impeach judges who ruled against executive actions, lawyers must protect the rule of law and resist attempts to dilute the judicial branch’s authority, says attorney Bhavleen Sabharwal.

  • The Math Of Cross-Examination: Less Is More, More Is Less

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    When conducting cross-examination at trial, attorneys should remember that “less is more, and more is less” — limiting both the scope of questioning and the length of each query in order to control the witness’s testimony and keep the factfinders’ attention, says Thomas Innes at the Defender Association of Philadelphia.

  • Rethinking 'No Comment' For Clients Facing Public Crises

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    “No comment” is no longer a cost-free or even a viable public communications strategy for companies in crisis, and counsel must tailor their guidance based on a variety of competing factors to help clients emerge successfully, says Robert Bowers at Moore & Van Allen.

  • How Design Thinking Can Help Lawyers Find Purpose In Work

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    Lawyers everywhere are feeling overwhelmed amid mass government layoffs, increasing political instability and a justice system stretched to its limits — but a design-thinking framework can help attorneys navigate this uncertainty and find meaning in their work, say law professors at the University of Michigan.

  • Tools For Witness Control That Go Beyond Leading Questions

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    Though leading questions can be efficient and effective for constraining a witness’s testimony, this strategy isn’t appropriate for every trial and pretrial scenario, so techniques like headlining and looping can be deployed during direct examination, depositions and even witness interviews, says Allison Rocker at Baker McKenzie.

  • 10 Issues To Watch In Aerospace And Defense Contracting

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    This year, in addition to evergreen developments driven by national security priorities, disruptive new technologies and competition with rival powers, federal contractors will see significant disruptions driven by the new administration’s efforts to reduce government spending, regulation and the size of the federal workforce, say attorneys at Thompson Hine.

  • Will Independent Federal Agencies Remain Independent?

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    For 90 years, members of multimember independent federal agencies have relied on the U.S. Supreme Court's 1935 ruling in Humphrey's Executor v. U.S. establishing the security of their positions — but as the Trump administration attempts to overturn this understanding, it is unclear how the high court will respond, says Harvey Reiter at Stinson.

  • Compliance Pointers For DOJ's Sweeping Data Security Rule

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    A new Justice Department rule broadly restricts many common data transactions with the goal of preventing access by countries of concern, and with an effective date of April 8, U.S. companies must quickly assess practices related to employee, customer and vendor data, says Sam Castic at Hintze Law.

  • 4 Do's And Don'ts For Trial Lawyers Using Generative AI

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    Trial attorneys who use artificial intelligence tools should review a few key reminders, from the likelihood that prompts are discoverable to the rapid evolution of court rules, to safeguard against embarrassing missteps, says Nate Sabri at Perkins Coie.

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