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Employment
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June 18, 2025
Paralegal Says Firm Fired Her For Cancer Recurrence
A paralegal alleged in North Carolina federal court that The Driscoll Firm PC fired her one day after she informed her superiors about the recurrence of her ovarian cancer, violating federal disability and state wage laws.
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June 18, 2025
NJ Judiciary Hit With Pregnancy Bias Suit From Court Exec
A court executive has claimed that the New Jersey judiciary is guilty of retaliating and discriminating against her by allegedly reducing her pay raise because she went on maternity leave, according to a new state complaint.
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June 18, 2025
NLRB Asks 3rd Circ. To Hold Post-Gazette In Contempt
The Pittsburgh Post-Gazette hasn't restored the health insurance it offered its union-represented staff before switching their insurance provider without the union's consent, even though the Third Circuit ordered it to do so, National Labor Relations Board prosecutors told the appellate court, asking it to hold the newspaper in contempt.
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June 18, 2025
Ex-Public Defender Says Bogus Bias Reports Got Her Fired
The former chief public defender for Allegheny County, Pennsylvania, said Wednesday in a lawsuit that she was wrongfully accused of racial bias and unilaterally fired by the county manager, rather than by the county executive who had appointed her.
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June 18, 2025
Applebee's Franchise Settles NY Pay Disparity Claims
The operator of New York City-area Applebee's restaurants entered into a National Labor Relations Board settlement after a former server claimed he was fired after complaining about Black workers getting paid less than white employees, advocacy group One Fair Wage announced Wednesday.
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June 18, 2025
UPS Denied Promotion Over Sabbath Request, Suit Says
A Boston man has brought a lawsuit against UPS in Massachusetts state court, alleging the shipping company denied him a higher-paying job as a driver because as a Seventh-day Adventist he could not work Friday night or Saturday.
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June 18, 2025
DOL Noms Vow To Confront Child Labor, Back Davis-Bacon
President Donald Trump's nominees for key U.S. Department of Labor roles told a U.S. Senate panel Wednesday they will go after unlawful child labor and enforce prevailing wages under the Davis-Bacon Act, painting a picture of what the agency could look like as its leadership team rounds out.
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June 18, 2025
5th Circ. Affirms Nix Of Ex-Hospital Workers' COVID Vax Suit
The Fifth Circuit backed a Houston hospital's defeat of a lawsuit alleging that hundreds of employees were unlawfully fired when they refused to get the COVID-19 vaccine, saying the workers couldn't demonstrate that their right to reject the shot had been violated.
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June 18, 2025
Law Firm Inks $21K Deal To End Paralegal's OT Suit
A personal injury law firm will pay nearly $21,000 to resolve a paralegal's lawsuit accusing the firm of misclassifying her as exempt from earning overtime and failing to compensate her for the five to 10 additional hours she worked each week, a filing in Georgia federal court said.
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June 18, 2025
Nixon Peabody Adds 25-Year Kilpatrick Employment Atty
Nixon Peabody LLP has hired a former Kilpatrick Townsend & Stockton LLP attorney, who has spent some 25 years at his prior firm representing clients on employee benefits compliance and other employee compensation and corporate matters, the firm recently announced.
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June 18, 2025
Nippon, US Steel Officially Close Deal, Backed By 5 Law Firms
Nippon Steel has officially closed its purchase of U.S. Steel, the companies announced Wednesday, forming a global steelmaking partnership backed by $11 billion in planned U.S. investments and a national security agreement with the federal government.
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June 17, 2025
Block On Job Corps Cuts Extended As Judge Weighs Injunction
A New York federal judge on Tuesday extended a temporary restraining order prohibiting the U.S. Department of Labor from "suspending" most of the Job Corps program, which contractors and others say is tantamount to shuttering the youth education and vocational training program and will likely result in student homelessness.
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June 17, 2025
6th Circ. Revives Ex-Chili's Manager's Age Discrimination Suit
The Sixth Circuit Tuesday revived a terminated Chili's restaurant manager's age discrimination case against the casual dining chain, saying the former employee offered enough evidence to rebut the chain's contention he was actually fired for not "living the Chili's way."
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June 17, 2025
DC Judge Won't Pause Halt Of State Dept. Union Exec Order
A D.C. federal judge on Tuesday chose not to pause an injunction order blocking the U.S. State Department from carrying out President Donald Trump's executive order gutting collective bargaining rights for federal workers, finding the government failed to prove it would face a high level of harm.
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June 17, 2025
5th Circ. Won't Resurrect NLRB Captive Audience Memo Suit
The Fifth Circuit on Tuesday refused to revive a suit over a 2022 memo the National Labor Relations Board's general counsel issued arguing so-called captive audience meetings violate federal labor law, ruling the staffing companies challenging the memo don't have standing to bring their suit.
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June 17, 2025
Bloomberg Campaign Can't Get Redo Of Ruling In Wage Suit
A New York federal court refused Tuesday to reconsider a decision finding there are still questions over whether field organizers for Michael Bloomberg's 2020 presidential campaign are individually covered under federal wage law, and denied the entity's bid for an immediate appeal in the workers' suit claiming unpaid minimum wage.
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June 17, 2025
8th Circ. Says NLRB Misapplied Standard In Starbucks Case
The National Labor Relations Board improperly ignored a Starbucks employee's impression of her manager's comments during a union campaign when concluding the comments were unlawful, a split Eighth Circuit panel ruled Tuesday, resolving a case that challenged the board's standard for determining when an employer's anti-union rhetoric violates labor law.
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June 17, 2025
Agri Beef, Indiana Packers Strike $2.5M Deal In Wage-Fix Suit
Agri Beef, the Indiana Packers Corporation and a proposed class of workers at red meat processing plants have reached settlements totaling $2.5 million in a suit alleging a nationwide conspiracy to suppress wages.
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June 17, 2025
Health Insurance Co. Owes Workers OT Wages, Suit Claims
Humana Inc. and Humana Government Business Inc. were hit with a proposed class action in Georgia federal court on Tuesday over allegations they failed to pay registered nurse case managers proper overtime wages.
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June 17, 2025
HHS Says Trump Orders Merit Ending Trans Health Rule Case
The federal government urged a Mississippi federal court to end a lawsuit challenging a Biden-era rule that protected gender-affirming care under the Affordable Care Act, arguing the Republican attorneys general leading the case can't show imminent harm given the Trump administration's position on the definition of "sex."
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June 17, 2025
NFL Coach's Lawyer Faces Scrutiny Over NY Practice Claims
A federal judge on Tuesday chastised a lawyer defending a former NFL coach in his discrimination suit against the league, ordering him to show why he claimed he could practice in the Southern District of New York even though it appears "that is not accurate."
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June 17, 2025
General Motors Says Precedent 'Eviscerates' EEOC Bias Suit
General Motors urged an Indiana federal judge Tuesday to toss a U.S. Equal Employment Opportunity Commission suit claiming it discriminated against older workers by reducing disability benefits if they also received Social Security, arguing the policy says nothing about age, allowing it to stand under high court precedent.
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June 17, 2025
9th Circ. Backs Class Cert. In Suit Over Diabetes Drug Risk
The Ninth Circuit refused to disband a class of third-party payors who claim Takeda Pharmaceutical and Eli Lilly & Co. hid their anti-diabetes drug's bladder cancer risks, finding no issue with a lower court's analysis of expert evidence showing prescriptions fell after the risks were disclosed.
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June 17, 2025
Four More Women Appeal NIL Deal Over Title IX Objections
Four additional former and current women college athletes, including one of the most decorated lacrosse players of all time, have filed notice of their intent to appeal the NCAA's $2.78 billion name, image and likeness compensation settlement to the Ninth Circuit, objecting to the deal's disproportionately low allocation of money to women.
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June 17, 2025
UMB Says It Granted Ex-VP's Request For More Cancer Leave
UMB Financial Corp. said an ex-executive's suit claiming she was illegally denied leave to recover from chemotherapy treatments can't stay in Colorado federal court, telling a judge her request to extend her monthslong leave was ultimately approved after the company initially raised concerns about her changing return-to-work date.
Expert Analysis
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Explaining CFPB's Legal Duties Under The Dodd-Frank Act
While only Congress can actually eradicate the Consumer Financial Protection Bureau, the Trump administration has sought to significantly alter the agency's operations, so it's an apt time to review the minimum baseline of activities that Congress requires of the CFPB in Title X of the Dodd-Frank Act, say attorneys at Bradley Arant.
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Firms Still Have Lateral Market Advantage, But Risks Persist
Partner and associate mobility data from the fourth quarter of 2024 shows that we’re in a new, stable era of lateral hiring where firms have the edge, but leaders should proceed cautiously, looking beyond expected revenue and compensation analyses for potential risks, say Julie Henson and Greg Hamman at Decipher Investigative Intelligence.
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Employer Tips To Navigate Cultural Flashpoints Investigations
As companies are increasingly flooded with complaints of employees violating policies related to polarizing social, cultural or political issues, employers should beware the distinct concerns and increased risk in flashpoints investigations compared to routine workplace probes, say attorneys at Seyfarth.
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Opinion
We Must Allow Judges To Use Their Independent Judgment
As two recent cases show, the ability of judges to access their independent judgment crucially enables courts to exercise the discretion needed to reach the right outcome based on the unique facts within the law, says John Siffert at Lankler Siffert & Wohl.
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Class Actions At The Circuit Courts: March Lessons
In this month's review of class actions appeals, Mitchell Engel at Shook Hardy discusses three federal appellate court decisions and identifies practice tips from cases involving antitrust allegations against coupon processing services, consumer fraud and class action settlements.
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A Path Forward For Employers, Regardless Of DEI Stance
Whether a company views the Trump administration's executive orders ending diversity, equity and inclusion programs as a win or a loss, the change rearranges the employment hazards companies face, but not the non-DEI and nondiscriminatory economic incentive to seek the best workers, says Daniel S. Levy at Advanced Analytical Consulting Group.
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Series
Performing Stand-Up Comedy Makes Me A Better Lawyer
Whether I’m delivering a punchline on stage or a closing argument in court, balancing stand-up comedy performances and my legal career has demonstrated that the keys to success in both endeavors include reading the room, landing the right timing and making an impact, says attorney Rebecca Palmer.
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Bias Suit Shows WNBA Growing Pains On Court And In Court
A newly filed disability discrimination and retaliation lawsuit against the Los Angeles Sparks is the latest in a series of employment discrimination disputes filed by WNBA professionals, highlighting teams' obligation to meet elevated workplace expectations and the league's role in facilitating an inclusive work environment, say attorneys at Michelman & Robinson.
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Series
Adapting To Private Practice: From SEC To BigLaw
As I adjusted to the multifaceted workflow of a BigLaw firm after leaving the U.S. Securities and Exchange Commission, working side by side with new colleagues on complex matters proved the fastest way to build a deep rapport and demonstrate my value, says Jennifer Lee at Jenner & Block.
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Weathering Policy Zig-Zags In Gov't Contracting Under Trump
To succeed amid the massive shift in federal contracting policies heralded by President Donald Trump's return to office, contractors should be prepared for increased costs and enhanced False Claims Act enforcement, and to act swiftly to avail themselves of contractual remedies, says Jacob Scott at Smith Currie.
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Making The Case For Rest In The Legal Profession
For too long, a culture of overwork has plagued the legal profession, but research shows that attorneys need rest to perform optimally and sustainably, so legal organizations and individuals must implement strategies that allow for restoration, says Marissa Alert at MDA Wellness, Carol Ross-Burnett at CRB Global, and Denise Robinson at The Still Center.
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2 Areas Of Labor Law That May Change Under Trump
Based on President Donald Trump's recent moves, employers should expect to see significant changes in the direction of law coming out of the National Labor Relations Board, particularly in two areas where the Trump administration will seek to roll back the Biden NLRB's changes, says Daniel Johns at Cozen O’Connor.
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4 Ways Women Attorneys Can Build A Legal Legacy
This Women’s History Month, women attorneys should consider what small, day-to-day actions they can take to help leave a lasting impact for future generations, even if it means mentoring one person or taking 10 minutes to make a plan, says Jackie Prester, a former shareholder at Baker Donelson.
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Justices' Revival Ruling In Bias Suit Exceeds Procedural Issue
The U.S. Supreme Court's recent ruling in Waetzig v. Halliburton allowed the plaintiff in an age discrimination lawsuit to move to reopen his case after arbitration, but the seemingly straightforward decision on a procedural issue raises complex questions for employment law practitioners, says Christopher Sakauye at Dykema.
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Bid Protest Spotlight: Prejudice, Injunctions, New Regulations
In this month's bid protest roundup, Markus Speidel at MoFo looks at three recent decisions that consider whether a past performance evaluation needs to show prejudice to be successfully challenged, the prerequisites for injunctive relief and the application of new regulatory requirements to indefinite-delivery, indefinite-quantity contracts.