Employment

  • June 04, 2025

    3 Ways DOL Benefits Chief Nominee May Affect ERISA Cases

    A key committee will decide Thursday whether to send President Donald Trump’s pick to lead the U.S. Department of Labor’s employee benefits arm ahead for a full Senate vote, setting the stage for what attorneys expect will be an employer-friendly shift in policies. Here are three ways Daniel Aronowitz could change benefits litigation if confirmed.

  • June 04, 2025

    FTC Fights Attys Who Want State Bar Input On Ethics Worries

    The Federal Trade Commission doesn't want staff attorneys to be able to seek state bar association guidance if they dispute the legality of an instruction, arguing in a fight with the FTC's union that seeking such guidance would gum up the gears of commission work.

  • June 04, 2025

    Jack Nicklaus' Defamation Suit Can Stay In Fla., Court Says

    A Florida appeals court ruled Wednesday that golf legend Jack Nicklaus can keep his defamation lawsuit against Nicklaus Cos. LLC in the state, despite a forum selection clause between the two that designated New York as the required venue.

  • June 04, 2025

    Justices Won't Intervene To Let Jan. 6 Cops Stay Incognito

    The U.S. Supreme Court on Wednesday declined to grant an emergency stay that would have allowed current and former Seattle police officers who attended the Jan. 6, 2021, "Stop the Steal" insurrection to shield their identities from the public.

  • June 04, 2025

    Trump Ordered To Explain Why Layoffs Don't Flout Injunction

    A California federal judge ordered the Trump administration Wednesday to explain why preparations for layoffs at the State Department and Department of Housing and Urban Development do not violate an injunction she issued last month, saying she needed more details about the agencies' plans to evaluate their compliance.

  • June 04, 2025

    CFPB Resumes $4.2M Redress After Pressure From States

    California's Department of Financial Protection and Innovation said Wednesday that the Consumer Financial Protection Bureau is now making good on a $4.2 million redress plan for former students of a shuttered sales-training firm, following agency delays and subsequent pressure from various states.

  • June 04, 2025

    Gas Co., Fired CFO Settle $5.6M Conn. Distribution Claims

    A family-owned propane supplier has settled its former chief financial officer's claims over allegedly unpaid distributions arising from his termination and a planned sale of the business.

  • June 04, 2025

    Calif. Justices Asked To Clarify Limits Of Good Faith Defense

    A worker's counsel urged the California Supreme Court on Wednesday to find that employers must show they proactively took steps to ensure its pay practices complied with state requirements to establish a good faith defense against liquidated damages, while the employer's counsel declined to address the merits of the appeal.

  • June 04, 2025

    Fisher Phillips Snags Labor Atty From Davis Wright In Seattle

    A former Davis Wright Tremaine LLP attorney representing employers in wage-and-hour disputes and traditional labor matters has started as a partner at Fisher Phillips LLP in Seattle, the firm announced, and will remain focused on tackling labor and employment claims for his clients.

  • June 04, 2025

    Damages Retrial Ordered In NC Massage Envy Sex Assault Suit

    A North Carolina state appeals court on Wednesday ordered a new trial on damages in a suit over alleged sexual assaults at a Massage Envy location, finding the jury was improperly instructed on joint and several liability.

  • June 04, 2025

    Auto Co. Says Recent Orders Support Axing Class Wage Suit

    Seven recent decisions support an automobile parts company's bid to nix class and collective claims in a workers' lawsuit alleging they were shorted on wages, the firm told a North Carolina federal court Wednesday, saying those cases show that the allegations cannot stand because they were filed too late.

  • June 04, 2025

    Ga. Manufacturer Fired HR Exec For Reporting Bias, Suit Says

    An oxygen supply manufacturer has been sued in Georgia federal court by its former global vice president of human resources over allegations it fired her for reporting the harassment of a lesbian employee.

  • June 04, 2025

    Driver Says Colo. Waste Co. Shorts Workers On Wages

    Southern Colorado Waste and Recycling knew that drivers were working straight through their designated meal breaks but deducted 30 minutes of working time from their paychecks anyway, a proposed class and collective action filed in federal court said.

  • June 04, 2025

    Cognizant Granted Some DHS Docs In Visa Fraud Case

    A New Jersey federal judge has ordered the U.S. Department of Homeland Security to confer with attorneys for Cognizant Technology Solutions Corp. on how much to broaden a search for materials related to two types of visas, in a case brought by a former executive alleging the company defrauded the government through its visa applications.

  • June 04, 2025

    Ex-Ga. Strip Club Workers Slam Bid To DQ Attys In Wage Suit

    Lawyers for a pair of former Atlanta strip club workers called on a federal judge Wednesday to reject an "extremely untimely" bid to disqualify them by the clubs' owners, arguing the owners don't bother to substantiate their claims that the plaintiffs can't be represented by the same counsel because one was the other's supervisor.

  • June 04, 2025

    NY Judge Orders Temporary Block On DOL's Job Corps Cuts

    A New York federal judge on Wednesday issued a temporary restraining order to stop the U.S. Department of Labor from eliminating Job Corps, saying the agency can't move ahead with shutting down the more than 60-year-old job training program without approval from Congress.

  • June 04, 2025

    Lowe's Ex-Manager Drops Racial Bias, Retaliation Case

    A former Lowe's Companies Inc. manager has agreed to drop her case against the home improvement retailer, in which she alleged she was treated differently, retaliated against and later fired for being Black.

  • June 04, 2025

    Compliance Chiefs Eye New Jobs Amid Pay Growth Slowdown

    More than half of chief compliance officers are considering seeking new job opportunities in the coming year, according to a Wednesday report from in-house legal and compliance advisory firm BarkerGilmore LLC, which also found CCO pay growth generally slowed down compared to last year.

  • June 04, 2025

    Chip Trade Secret Conviction Specific Enough, 1st Circ. Hints

    The First Circuit on Wednesday appeared skeptical of arguments that jurors who convicted a former Analog Devices Inc. engineer of possessing trade secrets improperly glossed over the difference between what was described in the indictment and what was actually found during a search of his electronic devices.

  • June 04, 2025

    Orlando Says $1 Typo Cost It Win In Workers' Unpaid OT Suit

    A $1 typo should not doom Orlando's bid for a pretrial win in a suit by district fire chiefs alleging they were wrongly denied overtime, the city told a Florida federal court, arguing the workers' salaries actually do fall under the overtime exemption.

  • June 03, 2025

    9th Circ. Skeptical About Nixing Wash. Bias Enforcement Ban

    The Ninth Circuit on Tuesday appeared hesitant to grant Washington state's bid to wipe out an injunction that bars it from enforcing state anti-discrimination law against a Christian employer that wants to hire co-religionists, but the judges signaled a willingness to depart from the trial court's rationale.

  • June 03, 2025

    WNBA Player Files Amended Discrimination Suit Against Aces

    Women's National Basketball Association player Dearica Hamby on Monday lodged an amended complaint beefing up claims of retaliation in her Nevada federal discrimination lawsuit that accuses the Las Vegas Aces of trading her because she became pregnant.

  • June 03, 2025

    4th Circ. Revives Immigration Judges' Free Speech Suit

    The Fourth Circuit on Tuesday sent a free speech lawsuit brought by immigration judges back to district court, reasoning a lower court judge must first determine if a federal law is working as intended with respect to claims that might otherwise be handled administratively.

  • June 03, 2025

    Weinstein Atty Casts Accusers As Abusers In Retrial Closing

    A Manhattan jury on Tuesday heard closing arguments in Harvey Weinstein's retrial on sexual assault charges in New York state court, as his attorney said he was "abused" by "mad," "scorned" ex-lovers who didn't have the talent to make it in show business.

  • June 03, 2025

    HHS, DOGE Accused Of Using Flawed Data In Mass Layoffs

    Former federal workers laid off by the U.S. Department of Health and Human Services brought a putative class action Tuesday in D.C. federal court alleging their terminations were unlawful because they were based on "hopelessly error-ridden" personnel records, in violation of the Privacy Act.

Expert Analysis

  • 6 Laws Transforming Calif.'s Health Regulatory Framework

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    Attorneys at Hooper Lundy discuss a number of new California laws that raise pressing issues for independent physicians and small practice groups, ranging from the use of artificial intelligence to wage standards for healthcare employees.

  • Opinion

    NCAA Name, Image, Likeness Settlement Is A $2.8B Mistake

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    While the plaintiffs in House v. NCAA might call the proposed settlement on name, image and likeness payments for college athletes a breakthrough, it's a legally dubious Band-Aid that props up a system favoring a select handful of male athletes at the expense of countless others, say attorneys at Clifford Chance.

  • Recent Cases Clarify FCA Kickback Pleading Standards

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    Two recently resolved cases involving pharmaceutical manufacturers may make it more difficult for False Claims Act defendants facing kickback scheme allegations to get claims dismissed for lack of evidence, say Li Yu at Bernstein Litowitz, Ellen London at London & Noar, and Gregg Shapiro at Gregg Shapiro Law.

  • Determining What 'I Don't Feel Safe' Means In The Workplace

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    When an employee tells an employer "I don't feel safe," the phrase can have different meanings, so employment lawyers must adequately investigate to identify which meaning applies — and a cursory review and dismissal of the situation may not be a sufficient defense in case of future legal proceedings, says Karen Elliott at FordHarrison.

  • Steps For Federal Grantees Affected By Stop-Work Orders

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    Broad changes in federal financial assistance programs are on the horizon, and organizations that may receive a stop-work order from a federal agency must prepare to be vigilant and nimble in a highly uncertain legal landscape, say attorneys at Arnold & Porter.

  • FLSA Ruling Shows Split Over Court Approval Of Settlements

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    A Kentucky federal court's recent ruling in Bazemore v. Papa John's highlights a growing trend of courts finding they are not required, or even authorized, to approve private settlements releasing Fair Labor Standards Act claims, underscoring a jurisdictional split and open questions that practitioners need to grapple with, say attorneys at Vedder Price.

  • How EEOC Enforcement Priorities May Change Under Trump

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    The U.S. Equal Employment Opportunity Commission has already been rocked by the Trump administration's dramatic changes in personnel and policy, which calls into question how the agency may shift its direction from the priorities set forth in its five-year strategic enforcement plan in 2023, say attorneys at Seyfarth.

  • 7 Tips For Associates To Thrive In Hybrid Work Environments

    Excerpt from Practical Guidance
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    As the vast majority of law firms have embraced some type of hybrid work policy, associates should consider a few strategies to get the most out of both their in-person and remote workdays, says James Argionis at Cozen O’Connor.

  • Series

    Playing Beach Volleyball Makes Me A Better Lawyer

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    My commitment to beach volleyball has become integral to my performance as an attorney, with the sport continually reminding me that teamwork, perseverance, professionalism and stress management are essential to both undertakings, says Amy Drushal at Trenam.

  • Managing Anti-Corporate Juror Views Revealed By CEO Killing

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    After the shooting of UnitedHealthcare CEO Brian Thompson laid bare deep-seated anti-corporate sentiments among the public, companies in numerous industries will have to navigate the influence of related juror biases on litigation dynamics, say Jorge Monroy and Keith Pounds at IMS Legal Strategies.

  • If Elphaba Had Signed A Restrictive Covenant In 'Wicked'

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    Following the recent big-screen release of "Wicked," employers should consider how the tale might have ended if the Wizard of Oz had made Elphaba sign a restrictive covenant agreement, which would have placed clear limitations on her ability to challenge his regime, says Emily Wajert at Sidley.

  • Contractor Liability When Directing Subcontractor Workforce

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    A recent Virginia Court of Appeals decision that rejected a subcontractor employee’s tortious interference claim should prompt prime contractors to consider how to mitigate liability risk associated with directing a subcontractor to remove its employee from a federal project, say attorneys at Venable.

  • How Law Firms Can Counteract The Loneliness Epidemic

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    The legal industry is facing an urgent epidemic of loneliness, affecting lawyer well-being, productivity, retention and profitability, and law firm leaders should take concrete steps to encourage the development of genuine workplace connections, says Michelle Gomez at Littler and Gwen Mellor Romans at Herald Talent.

  • Handbook Hot Topics: Back To Basics After Admin Change

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    Having an up-to-date employee handbook is more critical now than ever, given the recent change in administration, and employers should understand their benefits and risks, including how they can limit employers’ liability and help retain employers’ rights, say Kasey Cappellano and Meaghan Gandy at Kutak Rock.

  • 5 Keys To Building Stronger Attorney-Client Relationships

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    Attorneys are often focused on being seen as the expert, but bonding with clients and prospects by sharing a few key personal details provides the basis for a caring, trusted and profoundly deeper business relationship, says Deb Feder at Feder Development.

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