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Employment
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June 05, 2025
Colo. Gov. Faces Suit Over Order To Comply With ICE Info Bid
Colorado Gov. Jared Polis was accused in court Wednesday of forcing government employees to violate a state law by requesting they honor U.S. Immigration and Customs Enforcement requests for information about 35 sponsors of unauthorized immigrant children.
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June 05, 2025
Wash. County Ex-Diversity Manager Lodges Retaliation Suit
A former equity, inclusion and belonging manager for Washington state's King County, home to Seattle, has launched a lawsuit contending she was blocked from addressing employee concerns about bias in the workplace, mistreated by white male colleagues, and ultimately pushed out amid a "challenging culture of silence and inaction."
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June 05, 2025
Judge Won't Rethink Order On Air Marshal Union's Suit
A trio of federal agencies can't nix the remaining claims brought by a federal air marshal union, a Pennsylvania federal judge concluded, denying the government's bid for reconsideration of a prior ruling that allowed the union's allegations about retaliation and interference to go forward.
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June 05, 2025
Attorney's FMLA Suit Against Va. City Headed To Trial
A former Virginia city assistant attorney's Family and Medical Leave Act suit against the chief city prosecutor will head to trial, a federal judge said Thursday, ruling that there is an open question over whether firing the attorney was a pretext to not grant a leave request.
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June 05, 2025
Pa. City's Receiver Asks Court To Rein In Stormwater Board
The receiver for the bankrupt city of Chester, Pennsylvania, told a state court Thursday that the city-created stormwater authority and its board of directors violated their charter and state law by expanding the board and paying the elected officials who were on it.
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June 05, 2025
NJ Justices To Take Look At Boys & Girls Club Abuse Claims
Garden State justices have agreed to hear whether New Jersey courts have jurisdiction over the alleged sexual abuse in the 1970s and '80s by a counselor for the Hudson County chapter of the Boys & Girls Clubs of America, according to a court order.
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June 05, 2025
4th Circ. Won't Revive Ex-Fire Captain's Free Speech Suit
The Fourth Circuit refused to reopen a former Lynchburg, Virginia, fire captain's suit alleging he was unconstitutionally fired for social media posts that citizens called transphobic and racist, ruling Thursday that he failed to show why the city should be held liable.
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June 05, 2025
Actors Ask 9th Circ. To Revive SAG Vax Mandate Fight
SAG-AFTRA members urged the Ninth Circuit on Thursday to revive their claims that the union betrayed them by allowing studios to impose COVID-19 vaccine mandates against members with medical and religious objections, arguing that the state claims aren't preempted and "not everything that involves these guilds is a federal matter."
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June 05, 2025
No Injunction Or Remand In Marine's Vape Discharge Dispute
A Court of Federal Claims judge denied a former U.S. Marine Corps air traffic control officer's bid for an injunction as he challenges his discharge for allegedly using a prohibited vape, saying the court lacks the power to prevent the government from releasing "disparaging" information.
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June 05, 2025
Auto Co. Workers Say Past Cases Back Class Wage Claims
Six recent decisions back up workers' class and collective claims accusing an automobile parts company of shorting them on wages, the former employees told a North Carolina federal court Thursday, saying the cases show they didn't miss their window to bring the allegations.
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June 05, 2025
Fired Tesla Worker Drops Class Claims In Favor Of PAGA Case
A Tesla worker booted amid mass layoffs last year told a California federal judge that under a deal struck with the automaker, he'll drop his putative class action wage and notice claims to pursue most of the same causes of action in state court under the Private Attorneys General Act.
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June 05, 2025
Colo. Judge Certifies Cannabis Grower's Class In OT Suit
A Colorado federal judge has certified a collective class action against a cannabis manufacturer accused by one of its ex-employees of skirting state and federal law to avoid paying employees overtime premiums.
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June 05, 2025
CVS Sued Over Health Plan's Tobacco, Spousal Surcharges
A CVS employee brought the pharmacy retailer into California state court Wednesday alleging in a proposed class action it discriminatorily imposes illegal surcharges to its health insurance participants who use tobacco or want to add their spouses to their plans as dependents, in violation of state and federal benefits laws.
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June 05, 2025
Copyright Office Says Registration Delay Had No Legal Impact
The U.S. Copyright Office said Thursday that a two-week pause on issuing registration certificates last month after its leader was fired did not adversely affect any claimant's rights.
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June 05, 2025
NC Pathology Practice Faces Class Claims Over Data Breach
A North Carolina pathology practice got hit with a proposed class action over a January data breach that allegedly exposed the personal information of 235,000 people to the cybercriminals who exploited what the complaint said were the practice's lacking security measures.
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June 05, 2025
La. Track Athlete Latest To Challenge NCAA Eligibility Rules
A graduate student at Southeastern Louisiana University has told a Louisiana federal court that the NCAA should not deny him another year of eligibility in track and field next year, because he is still within his five-year window to compete in four seasons.
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June 05, 2025
Paralegal Gets Firm's Extortion Counterclaim Nixed
A law firm's counterclaim accusing a paralegal of launching an unpaid overtime wages lawsuit against it in order to try to extort it for money cannot proceed, a Texas federal judge ruled Thursday, saying the claim isn't sufficiently linked to the underlying dispute.
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June 05, 2025
Judge Rejects DC Bid To Toss Black Atty's Bias Suit
A D.C. federal judge allowed a city attorney's discrimination and retaliation lawsuit to proceed to discovery Thursday, rejecting the D.C. government's motion to toss the claims that a city administrative law judge discriminated against Black women and paid the plaintiff attorney less than her male peers.
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June 05, 2025
Convicted Fla. Atty Urges 11th Circ. To Reexamine Sentence
A Florida lawyer sentenced to 75 months in prison over a COVID-19 loan fraud scheme has asked the Eleventh Circuit to rehear her sentencing en banc, arguing the appellate court should reexamine the district court's so-called Keane statement allegedly disregarding sentencing guidelines.
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June 05, 2025
Foley & Lardner Says Palestine Support Didn't Doom Job Offer
Foley & Lardner LLP urged an Illinois federal judge to dismiss a bias suit by a former summer associate, arguing her job offer was rescinded not due to her Arab Muslim identity but because her public comments on Hamas' 2023 attack on Israel "violated the firm's core values" and showed "incredibly poor judgment."
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June 05, 2025
Judicial Watchdog Says Mich. Judge Created 'Climate Of Fear'
Michigan's judicial watchdog has said in a formal misconduct complaint a state judge "created a climate of fear" among court personnel that disrupted the administration of the court, "bullied" court staff and improperly dismissed criminal cases to "punish" prosecutors.
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June 05, 2025
Background Extra Says Entertainment Cos. Owe Wages
A production company and an entertainment company failed to pay background extras for all the hours they worked after forcing them to work off-the-clock and through breaks, according to a proposed class action filed in California state court.
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June 05, 2025
Insurance Agent's Firing Claims Are Duplicative, Court Told
A Connecticut insurance company wants a terminated agent's wrongful discharge claim trimmed from a lawsuit alleging he was fired for asking questions about practices he believed violated state licensing laws, saying his common-law claim duplicates a free speech claim under a state employment statute.
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June 05, 2025
DOJ Says NCAA Eligibility Rule May Benefit Student-Athletes
The U.S. Department of Justice is weighing in on the NCAA's eligibility rule, saying it is not asserting a position but asking the court to take a measured approach when considering the preliminary injunction request of a University of Tennessee basketball player.
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June 05, 2025
DOL Head Vows To Fight Wage Theft With Fewer Investigators
The U.S. labor secretary told a U.S. House committee Thursday that the Department of Labor will continue to combat wage theft even with fewer resources after President Donald Trump's administration proposed cutting the number of wage and hour investigators.
Expert Analysis
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Opinion
Courts Should Nix Conferencing Rule In 1 Discovery Scenario
Parties are generally required to meet and confer to resolve a discovery dispute before bringing a related motion, but courts should dispense with this conferencing requirement when a party fails to specify a time by which it will complete its production, says Tristan Ellis at Shanies Law.
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Series
Documentary Filmmaking Makes Me A Better Lawyer
Becoming a documentary filmmaker has allowed me to merge my legal expertise with my passion for storytelling, and has helped me to hone negotiation, critical thinking and problem-solving skills that are important to both endeavors, says Robert Darwell at Sheppard Mullin.
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Litigation Funding Disclosure Debate: Strategy Considerations
In the ongoing debate over whether courts should require disclosure of litigation funding, funders and plaintiffs tend to argue against such mandates, but voluntarily disclosing limited details about a funding arrangement can actually confer certain benefits to plaintiffs in some scenarios, say Andrew Stulce and Marc Cavan at Longford Capital.
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Discretionary Compensation Lessons From 7th Circ. Ruling
The Seventh Circuit’s recent ruling in Das v. Tata established that contract disclaimers don't automatically bar claims under the Illinois Wage Payment and Collection Act, underscoring the limits of compensation systems that purport to grant employers unilateral discretion, say attorneys at Schoenberg Finkel.
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What's Next After Justices Clarify FLSA Evidence Standard
The U.S. Supreme Court's recent decision in EMD Sales v. Carrera makes it easier to claim employees are exempt from the Fair Labor Standards Act’s minimum wage and overtime requirements, and eliminates inconsistency and unpredictability for employers operating in multiple jurisdictions, say attorneys at Bracewell.
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The Implications Of E-Cigarette Cos. Taking Suits To 5th Circ.
The U.S. Supreme Court recently heard oral arguments in U.S. Food and Drug Administration v. R.J. Reynolds over the definition of an "adversely affected" person under the Tobacco Control Act, and the justices' ruling will have important and potentially wide-ranging implications for forum shopping claims, says Trillium Chang at Zuckerman Spaeder.
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Series
Adventure Photography Makes Me A Better Lawyer
Photographing nature everywhere from Siberia to Cuba and Iceland to Rwanda provides me with a constant reminder to refresh, refocus and rethink the legal issues that my clients face, says Richard Birmingham at Davis Wright.
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EEOC Wearable Tech Guidance Highlights Monitoring Scrutiny
The U.S. Equal Employment Opportunity Commission's recent fact sheet on wearable technologies cautions against potential issues with federal anti-discrimination laws and demonstrates growing concern from regulators and legislators about intrusive technologies in the workplace, say attorneys at Littler.
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5 Ways To Create Effective Mock Assignments For Associates
In order to effectively develop associates’ critical thinking skills, firms should design mock assignments that contain a few key ingredients, from messy fact patterns to actionable feedback, says Abdi Shayesteh at AltaClaro.
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5 Factors From Biden's Final Worker Antitrust Guidelines
The recent Federal Trade Commission and the U.S. Department of Justice's joint antitrust guidelines for business activities affecting workers cap a flurry of final announcements from the Biden administration, but it's unclear whether the agencies will maintain their support for these measures in the Trump administration, say attorneys at Simpson Thacher.
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What Public View Of CEO's Killing Means For Corporate Trials
Given the proliferation of anti-corporate sentiments following recent charges against Luigi Mangione in connection with the killing of UnitedHealthcare's CEO, attorneys who represent corporate clients and executives will need to adapt their trial strategy to account for juror anger, says Clint Townson at Townson Litigation Consulting.
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4 Employment Law Areas Set To Change Under Trump
President Donald Trump's second term is expected to bring significant changes to the U.S. employment law landscape, including the potential for updated worker classification regulations, and challenges to diversity, equity and inclusion that are already taking shape, say attorneys at Debevoise.
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What Employment Bias Litigation Looks Like After Muldrow
Nine months after the U.S. Supreme Court created an undemanding standard for discrimination claims in Muldrow v. St. Louis, Eric Schnapper at the University of Washington discusses how the Title VII litigation landscape has changed and what to expect moving forward.
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8 Lessons Yellow Corp. Layoffs Can Teach Distressed Cos.
A Delaware bankruptcy court’s recent decision, examining trucking company Yellow Corp.’s abrupt termination of roughly 25,500 employees, offers financially distressed businesses a road map for navigating layoffs under the Worker Adjustment and Retraining Notification Act, say attorneys at King & Spalding.
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The 7th Circ.'s Top 10 Civil Opinions Of 2024
Attorneys at Jenner & Block examine the most significant decisions issued by the Seventh Circuit in 2024, and explain how they may affect issues related to mass arbitration, consumer fraud, class certification and more.