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Employment
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April 16, 2025
Ex-Twitter Worker Can't Add Claims To Age Bias Suit
A former Twitter employee leading a conditionally certified collective action on behalf of his fellow workers aged 50 and older who were fired after Elon Musk took over the company cannot amend the complaint to add new claims, a California federal judge ruled Tuesday.
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April 16, 2025
Union Denied More Time In Feds' Bid To Bless CBA Rebuke
A Kentucky federal judge has refused to delay an approaching hearing on the U.S. Department of the Treasury's bid to nullify its workers' union contracts, despite a union's assertion that it's been given little time to prepare for a consequential case and that it has yet to be served.
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April 16, 2025
Auto Supply Chain Tariffs Chart Tricky Compliance Landscape
The compliance landmines created by the Trump administration's sweeping new tariffs have sparked a scramble among the automotive supply chain to renegotiate contracts and stockpile inventory to blunt the financial impacts in the short term, but long-term strategies are still being ironed out, experts say.
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April 16, 2025
Orgs. Sue DOL Over Termination Of Int'l Labor Rights Projects
Three nonprofits have filed suit in D.C. federal court to have the U.S. Department of Labor reinstate cooperative agreements aimed at supporting workers' rights programs abroad, claiming that the department, at the direction of the Department of Government Efficiency, terminated the agreements based on "policy disagreement."
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April 16, 2025
Coalition Offers Free Legal Aid To Fired Federal Workers
A coalition of organizations, including unions like the AFL-CIO and nonprofits like the nonpartisan legal volunteering network We the Action, has teamed up to connect the thousands of federal employees fired under the Trump Administration with free legal support, calling on lawyers across the U.S. to join their efforts.
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April 16, 2025
Ex-Operations Manager, NC School Settle Racial Bias Case
A Black former operations manager for a North Carolina charter school has voluntarily dropped his suit accusing his ex-employer of discriminating against him and firing him under false pretenses, according to a joint motion filed in federal court.
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April 16, 2025
Wash. AG Says Seattle Public Schools Shows Pregnancy Bias
Seattle Public Schools fails to provide pregnant and nursing employees with accommodations such as flexible bathroom breaks and retaliates against workers who request pregnancy-related accommodations, the Washington state attorney general said in a new lawsuit.
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April 16, 2025
Penn State Shuts Down White Ex-Professor's Bias Suit
A federal judge tossed a suit Wednesday from a white former writing professor who alleged that Pennsylvania State University reprimanded and poorly evaluated him for raising concerns that he faced racial bias on campus, finding he didn't suffer significant enough consequences to sustain retaliation claims.
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April 16, 2025
Firms Mum As EEOC Deadline For Diversity Data Passes
Tuesday marked the deadline for large law firms to answer the U.S. Equal Employment Opportunity Commission's acting chair's request for detailed information about their diversity, equity and inclusion programs, and neither the firms nor the EEOC would confirm if or how the legal heavyweights had responded.
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April 16, 2025
Pa. Judge Cuts Atty Fees To $950K In ERISA Deal Final OK
A federal judge in Pennsylvania has ruled that counsel representing two union elevator industry workers should be awarded $950,000 in legal fees, down from the attorneys' initial request of $1.7 million for settling a nearly 30,000-member class action over the management of a union 401(k) plan.
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April 16, 2025
Former McCarter & English Atty Fights Bid To Toss Firing Suit
A former McCarter & English LLP attorney and Navy SEAL has accused the firm in New Jersey state court of trying to "smear" him by claiming he was fired for his offensive social media posts rather than his advocacy for veterans.
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April 16, 2025
Trump Admin Sues Maine Over Transgender Athlete Policy
The U.S. Department of Justice on Wednesday sued Maine's education department over its transgender athlete policies, accusing it of violating the "core protections" of Title IX by allowing biological males to participate in women's sports.
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April 16, 2025
Duane Morris Employment Pro Joins Frost Brown In San Fran
Frost Brown Todd LLP announced that an experienced litigator who's spent over a decade working on labor and employment matters has joined the firm's San Francisco office as a partner from Duane Morris LLP.
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April 16, 2025
DOJ Resists Perkins Coie Summary Judgment Bid In EO Case
The U.S. Department of Justice is continuing to defend President Donald Trump's March 6 order suspending security clearances held by Perkins Coie LLP attorneys, arguing on Wednesday that the BigLaw firm cannot take an early win, in part due to the firm's alleged "discriminatory employment activities" through participation in Mansfield Certification.
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April 16, 2025
7th Circ. Judge Doubts CTA Worker's Signal Chat Claims
A Seventh Circuit judge on Wednesday expressed skepticism that a lower court erred in tossing a former Chicago Transit Authority employee's retaliation suit as a sanction for spoiling evidence, saying he changed his story about how electronic phone messages were deleted after a Signal executive said the initial explanation was technologically impossible.
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April 16, 2025
Jack Nicklaus Granted $1M In Damages After NIL Win
Jack Nicklaus was granted $1 million Wednesday by a New York state court judge for damages incurred as a result of a preliminary injunction that prevented the golf legend from signing new commercial deals during now-dismissed litigation over the use of his name, image and likeness.
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April 16, 2025
Workers Ask Michigan Judge To OK Boot-Up Suit Deal
A home healthcare company has agreed to pay about $86,000 to settle a lawsuit accusing it of not paying employees for the time they spent booting up their computers, a former insurance specialist said, asking a Michigan federal court to greenlight the deal.
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April 16, 2025
Papa Gino's Sued For Allegedly Underpaying Delivery Drivers
New England pizza chain Papa Gino's pays delivery drivers a lower tipped minimum wage while hindering their ability to earn gratuities, according to a proposed class action filed in Massachusetts state court.
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April 16, 2025
Law Firm Must Face Trial For Ex-CPO's Retaliation Claims
A personal injury law firm can't dodge a suit from its former chief people officer accusing the firm of firing her after she raised concerns about pay bias, a Tennessee federal judge ruled, because the firm didn't back up its claim that she was fired for insubordination.
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April 15, 2025
Whistleblower Says DOGE's NLRB Probe Exposed Data
An employee with the National Labor Relations Board sent a whistleblower disclosure to members of Congress on Monday alleging that Elon Musk's Department of Government Efficiency harvested Americans' sensitive information and likely exposed the data to foreign adversaries.
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April 15, 2025
Google Failed To Pay $2M In Commissions, Ex-Sales Rep Says
A former Google Cloud unit salesperson alleged the company blocked him from receiving $2 million in commissions after he landed a $35 million contract with Otis Elevator and fired him while he underwent cancer treatment to avoid paying out nearly $3 million in life insurance benefits.
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April 15, 2025
Colo. Gov. Ignored Ex-Official's Race Bias Concerns, Suit Says
A former commissioner of Colorado's Behavioral Health Administration filed a race discrimination lawsuit on Tuesday accusing Gov. Jared Polis and his former chief of staff of ignoring reports that she was treated worse than peers because she is African American and then firing her for complaining.
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April 15, 2025
Judge Ends 'China Initiative' Prosecution Of Ex-Ga. Tech Prof
A federal judge has dismissed the last remaining criminal charges against a former Georgia Tech professor who was indicted more than four years ago over allegations he was helping Chinese tech workers come to the U.S. under the guise of being university-affiliated researchers.
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April 15, 2025
7th Circ. Judge Skeptical Amazon Violated Labor Law
A Seventh Circuit judge on Tuesday pushed a National Labor Relations Board attorney to address why it was a violation of federal labor law for Amazon to tell employees that it can make exceptions to a policy limiting their off-duty access to a Kentucky facility at any time, "when the legal right exists whether the workers are told or not."
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April 15, 2025
Fired NLRB, MSPB Members Tell Justices Not To Rush Ruling
A pair of fired independent regulators implored the U.S. Supreme Court on Tuesday to reject President Donald Trump's bid to keep them unemployed while they challenge his authority to fire them without cause, arguing his new attack on a century-old precedent doesn't qualify as an emergency that the high court must address.
Expert Analysis
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Justices Mull Sex-Based Classification In Trans Law Case
After the U.S. Supreme Court heard oral argument in U.S. v. Skrmetti this week, it appears that the fate of the Tennessee law at the center of the case — a law banning gender-affirming healthcare for transgender adolescents — will hinge on whether the majority read the statute as imposing a sex-based classification, says Alexandra Crandall at Dickinson Wright.
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Every Dog Has Its Sick Day: Inside NYC's Pet Leave Bill
In what would be a first-of-its-kind law for a major metropolitan area, a recent proposal would amend New York City's Earned Safe and Sick Time Act to include animal care as an accepted use of sick leave — and employers may not think it's the cat's meow, say attorneys at Morrison Cohen.
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Series
Gardening Makes Me A Better Lawyer
Beyond its practical and therapeutic benefits, gardening has bolstered important attributes that also apply to my litigation practice, including persistence, patience, grit and authenticity, says Christopher Viceconte at Gibbons.
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How Trump's 2nd Term May Alter The Immigration Landscape
Rhetoric from Donald Trump's campaign and his choice of hardline appointees indicate that a more restrictive and punitive approach to immigration is in our immediate future, especially in areas like humanitarian relief, nonimmigrant visa processing, and travel and green card eligibility, says John Quill at Mintz.
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Litigation Inspiration: Reframing Document Review
For attorneys — new ones especially — there is much fulfillment to find in document review by reflecting on how important, interesting and pleasant it can be, says Bennett Rawicki at Hilgers Graben.
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7th Circ. Travel Time Ruling Has Far-Reaching Implications
In a case of first impression, the Seventh Circuit’s recent holding in Walters v. Professional Labor Group will have significant implications for employers that must now provide travel time compensation for employees on overnight assignments away from home, says Anthony Sbardellati at Akerman.
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Pa. Ruling Highlights Challenges Of Employer Arb. Appeals
A Pennsylvania federal court's recent ruling in Welch Foods v. General Teamsters Local Union No. 397 demonstrates the inherent difficulties employers face when seeking relief from labor arbitration decisions through appeals in court — and underscores how employers are faced with often conflicting legal priorities, says Daniel Johns at Cozen O'Connor.
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7 Ways To Prepare For An I-9 Audit Or Immigration Raid
Because immigration enforcement is likely to surge under the upcoming Trump administration, employers should take steps to ensure their staff is trained in employment eligibility verification requirements and what to do in the event of an Immigration and Customs Enforcement I-9 audit or workplace raid, say attorneys at Littler.
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Args In 2 High Court Cases May Foretell Clarity For Employers
Mary Anna Brand at Maynard Nexsen examines possible employment implications of two cases argued before the Supreme Court this fall, including a higher bar for justifying employees as overtime exempt under the Fair Labor Standards Act, and earlier grants of prevailing party status for employee-plaintiffs seeking attorney fees.
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California Supreme Court's Year In Review
Attorneys at Horvitz & Levy highlight notable decisions on major questions from the California Supreme Court's last term, including voter initiatives, hostile work environment and the economic loss rule.
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Disentangling Various Forms Of Workplace Discrimination
Pay inequity can be missed where it exists and misidentified due to incorrect statistics, leaving individuals to face multiple facets of discrimination connected by a common root cause, meaning correct identification and measurement is crucial, says Daniel Levy at Advanced Analytical.
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What Lawyers Can Learn From High School AI Suit
A pending Massachusetts lawsuit regarding artificial intelligence use in an academic setting underscores the need for attorneys to educate themselves on AI technology and tools that affect their clients so they can advise on establishing clear expectations and limits around the permissible use of AI, say attorneys at Hinckley Allen.
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Calif. Ruling May Shield Public Employers From Labor Claims
In Stone v. Alameda Health System, the California Supreme Court recently exempted a county hospital from state-mandated rest breaks and the Private Attorneys General Act, granting government employers a robust new bulwark against other labor statutes by undermining an established doctrine for determining if a law applies to public entities, say attorneys at Hunton.
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Best Practices For Effective Employee Assistance Programs
Employee assistance programs can be a powerful tool for establishing health and wellness initiatives in workplaces, and certain implementation steps can help both employers and workers gain maximum benefit from EAPs, say attorneys at Foley & Lardner.
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Series
Flying Makes Me A Better Lawyer
Achieving my childhood dream of flying airplanes made me a better lawyer — and a better person — because it taught me I can conquer difficult goals when I leave my comfort zone, focus on the demands of the moment and commit to honing my skills, says Ivy Cadle at Baker Donelson.