Employment

  • October 02, 2026

    2nd Circ. Forges Own Path In Limited Partner Tax Ruling

    The Second Circuit's decision limiting a self-employment tax break for limited partners with significant managerial roles reached a conclusion similar to that of a recent Fifth Circuit ruling, but practitioners said notable differences between them create a split requiring resolution by the IRS, the U.S. Supreme Court or Congress.

  • October 02, 2026

    Ex-Legg Mason Worker Keeps 401(k), Leave Claims Alive

    A former Legg Mason product marketing employee can move forward with claims that she was wrongly denied 401(k), stock purchase, paid time off and vacation benefits despite being labeled a temporary worker, a New York federal judge ruled, while tossing her claim for severance benefits.

  • October 02, 2026

    Northwestern Beats Ex-Gender Center Chief's Retaliation Suit

    A Cook County jury sided with Northwestern University on Friday on claims by its former gender and sexuality center director that he was unlawfully fired and banned from campus in retaliation for criticizing its decision to remove resources from the center's website, soon after President Donald Trump's administration began cracking down on diversity, equity and inclusion programs.

  • October 02, 2026

    Nike Fights Bid For Class Pay Records In Wage Suit

    Nike opposed a Washington retail worker's request for classwide pay and scheduling records in federal court, arguing the demands would require more than 1,400 hours of manual retrieval from computer systems and that he has not shown why 2,000 employees' records are needed for class certification.

  • October 02, 2026

    5 Supreme Court Cases To Watch This Fall

    The U.S. Supreme Court will convene Monday to begin its 2026 October term, which includes several cases that could determine the future of climate change tort litigation, expand religious freedoms and parental rights, and grant states authority to require proof of citizenship when individuals register for presidential elections using state forms. 

  • October 02, 2026

    Dollar Tree Accused Of Shorting Colo. Workers

    Dollar Tree failed to fully pay its workers for off-the-clock duties, missed breaks and business expenses, according to a proposed class action filed in Colorado state court.

  • October 01, 2026

    OpenAI Loses $1M Fee Award After Defeating SpaceXAI Suit

    A California federal judge on Wednesday rejected OpenAI's request for $1 million in attorney fees after the company defeated a trade secrets suit from SpaceXAI, ruling that although Musk's artificial intelligence company's allegations ultimately fell short, they weren't objectively specious.

  • October 01, 2026

    5th Circ. Rejects Jewish Man's Bias Suit Against Franchise

    The Fifth Circuit ruled Wednesday that a Jewish man cannot become a franchisee of a Christian-only automotive franchise, saying the franchise does not discriminate against Jewish ethnicity and the law at issue does not bar religious discrimination.

  • October 01, 2026

    FDIC Says Workplace Culture Monitorship Has Ended

    The Morrison Foerster LLP attorney hired to oversee the Federal Deposit Insurance Corp.'s efforts to address past issues with workplace misconduct has concluded her assignment after two years on the job, declaring the agency "well positioned" to move forward.

  • October 01, 2026

    UCLA Law Is Latest DOJ Target Over Race Bias In Admissions

    The U.S. Justice Department's Civil Rights Division accused the UCLA School of Law of discriminating against white and Asian students in its admissions process in a letter sent to the school's counsel Thursday, following multiple other similar letters that the DOJ sent to other higher-education institutions.

  • October 01, 2026

    Tennis Groups Can't Duck Players' Antitrust Suit

    A New York federal court has refused to toss a lawsuit brought by tennis players and a players association accusing tournament operators and the sport's governing bodies of blocking competition from rival tournaments.

  • October 01, 2026

    Hospital Can't Privately Contact Ex-Docs, Wash. Justices Rule

    Washington's Supreme Court split 6-3 Thursday in ruling that Virginia Mason Medical Center improperly engaged in private communications with a malpractice plaintiff's treating doctors by failing to go through formal discovery or establish the patient's knowledge or consent.

  • October 01, 2026

    Fla. Doc Says He Opposed Cruise Co.'s Billing, Got Fired

    A doctor has brought a federal whistleblower lawsuit against Norwegian Cruise Lines Holdings Ltd. in Florida federal court, alleging he lost his job after speaking out against what he believed were fraudulent practices to overcharge passengers for medical services that weren't necessary. 

  • October 01, 2026

    Judge 'Flummoxed' By Forum Claim In IQVIA's Poaching Suit

    A North Carolina Business Court judge said Thursday that he was "flummoxed" by clinical research giant IQVIA Holdings Inc.'s argument for not enforcing its own forum selection clause against four top executives who decamped for a competitor.

  • October 01, 2026

    Trump Says Copyright Chief Can't Stay In Office Amid Appeal

    The Trump administration is urging the D.C. Circuit to let it remove U.S. Copyright Office leader Shira Perlmutter, arguing that the U.S. Supreme Court's decision protecting Federal Reserve Gov. Lisa Cook for now does not entitle Perlmutter to remain in office while her firing challenge proceeds.

  • October 01, 2026

    Savannah State Can't Knock Out Asian Ex-Prof's Bias Suit

    A Georgia federal judge freed Savannah State University's board of regents from several claims in a former business professor's race and national origin discrimination lawsuit, but kept alive her allegations that the school unlawfully failed to renew her contract or hire her for a new professor position. 

  • October 01, 2026

    FCC Officially Ditches Race, Ethnicity, Gender Reporting Reqs

    The Federal Communications Commission has officially done away with a rule that required TV and radio broadcasters to disclose data about their employment diversity to the agency after the Fifth Circuit struck the rule down last year.

  • October 01, 2026

    Aya Health Tells 9th Circ. It Needn't Seek Suits Against Itself

    Aya Healthcare urged the Ninth Circuit on Thursday to undo an order pausing its wage-and-hour arbitration bid, arguing that requiring the travel nursing agency to first notify 400,000 workers of the collective action before deciding whether arbitration is appropriate violates the Federal Arbitration Act and essentially forces Aya to solicit lawsuits against itself.

  • October 01, 2026

    Calif. Judge Vacates Trump's $100K H-1B Fee Policies

    A California federal judge has vacated the implementing policies underlying President Donald Trump's $100,000 H-1B visa fee, saying the federal agencies charged with implementing the fee ran afoul of rulemaking procedures required by the Administrative Procedure Act.

  • October 01, 2026

    Walmart, Workers Settle Overtime Suit In Colorado

    Walmart entities and a group of sales and training managers urged a Colorado federal court to approve a settlement resolving claims that the retailer misclassified the workers as exempt and denied them overtime pay.

  • October 01, 2026

    Hershey Spa Beats Christian's Bias Suit Over Trans Guest

    A Pennsylvania federal judge tossed a Christian worker's suit claiming the resort and entertainment arm of Hershey's Chocolate broke the law by asking her to assist a transgender guest, saying there was no evidence the company knew of her religious convictions until after the request.

  • October 01, 2026

    Ga. City Fired Worker Who Reported Harassment, Suit Says

    A Georgia city has been sued in federal court by a former employee who said she was smeared in a local newspaper by colleagues before accusing a city manager of sexual harassment and getting fired for speaking up.

  • October 01, 2026

    NY Judge Gives Tax Preparers Initial OK For $1M OT Deal

    A New York federal magistrate judge gave an initial green light to a $1.05 million class settlement to resolve claims brought by tax preparers who accused a New York tax preparation company of overtime and wage violations, finding the proposed agreement has no obvious deficiencies.

  • October 01, 2026

    Justices To Review Ex-Spouse Military Pay Suit

    The U.S. Supreme Court on Thursday agreed to review a woman's attempt to enforce a divorce settlement under which she said she was entitled to a share of her ex-husband's military retirement pay, even if he waived it to receive disability benefits.

  • October 01, 2026

    Ga. Clients Can't Recoup Deal Funds After Law Firm Hack

    A Georgia federal judge has ruled that two former plastics plant workers are not entitled to receive a settlement in a discrimination case after a third party hacked their counsel's email system and duped defense counsel into wiring the settlement funds to the wrong bank account.

Expert Analysis

  • 9th Circ. Wage Ruling Shows Arbitration Pacts Are Still Useful

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    After years of uncertainty for California employers, the Ninth Circuit’s recent Cocom v. ABM Aviation decision signals that workplace arbitration agreements remain a powerful and enforceable tool — if thoughtfully drafted and employment-focused, says Benjamin Runge at Thompson Coburn.

  • NLRB Ruling Highlights Risk From Employee Handbook Test

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    A National Labor Relations Board judge's recent decision to strike down a workplace rule that only theoretically inhibited protected employee activity highlights the great risks employers face under the board's 2023 ruling in Stericycle and explains why this strict standard may be rolled back under the newly Republican-majority board, says Daniel Johns at Cozen O'Connor.

  • ERC Filing Deadlines Raise Tax Adviser Liability Risk

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    To minimize their risk, employee retention credit providers and tax advisers should understand that agreements to extend clients’ two-year deadline for challenging disallowances are not effective until the IRS countersigns, and implement an action plan to track filing deadlines and consider other proactive steps, says Michael Williams at CFOMW.

  • Series

    Taekwondo Makes Me A Better Lawyer

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    Taekwondo has taught me to recognize when to fight for a position and when to focus on finding a solution, and that the best outcomes are often achieved by solving problems — all of which has improved my work as a bankruptcy lawyer, mediator and Subchapter V trustee, says Amy Denton Mayer at Berger Singerman.

  • Class Actions At The Circuit Courts: August Lessons

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    In this month's review of class action appeals, Mitchell Engel at Shook Hardy discusses seven recent rulings from cases involving Class Action Fairness Act jurisdiction, appellate jurisdiction, attorney fees and employment rights.

  • When And How To Use 4 Types Of Cross-Exam Questions

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    Perceptions of a great cross-examination are often shaped by aggressive courtroom exchanges, but to be truly effective, this stage of trial requires strategically selecting confirmation, confinement, contrast or confrontation questions at key moments, says Allison Rocker at Baker McKenzie.

  • Navigating Rising AI Use In Pro Se Employment Suits

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    As federal pro se employment filings climb, largely due to increased use of artificial intelligence, defense attorneys can combat AI misuse by building AI-specific protective order language, screening documents for hidden prompt injections and seeking sanctions over fabricated citations, says Ashley Prickett Cuttino at Ogletree.

  • What To Know As Legal Duty To Consider AI Takes Shape

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    While the U.K. Jurisdiction Taskforce’s recent statement on liability for artificial intelligence harms is nonbinding for both U.K. and U.S. lawyers, it highlights the importance of being able to distinguish between the availability of a tool and a professional obligation to use it, say Jonny Frank and Michael Costa at StoneTurn.

  • WWE Sanctions Ruling Pins Down Spoliation Lesson

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    The Delaware Chancery Court’s recent verdict in favor of WWE investors may be the most carefully calibrated spoliation sanctions decision in recent memory, and it should reshape how counsel approach their motions — including in federal court, says Ricky Weingarten at Slarskey.

  • Managing OSHA Mental Illness Logs After 5th Circ. Vacatur

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    Employers with facilities in multiple states need to carefully weigh their recordkeeping procedures following the Fifth Circuit’s recent decision that the Occupational Safety and Health Administration cannot require employers to log work-related mental illness, as inconsistent logs across facilities may raise other issues, say attorneys at Haynes Boone.

  • Monitor Exposure, Stay Flexible Amid Tariff Uncertainty

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    To navigate an unstable trade environment, businesses must evaluate their exposure to new tariffs invoked under a patchwork of statutory authorities and be prepared to adapt to further changes that may be on the horizon, says Bhargav Prajapati at Capital Trade.

  • Mitigating The Risk Of Antiestablishment Jurors

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    The legal battles currently embroiling social media companies underscore that jurors with anti-corporate bias and conspiratorial thinking patterns pose myriad risks to corporate defendants, and defense counsel should adapt their trial strategies accordingly, say consultants at Persuasion Strategies.

  • Series

    Being In A Band Made Me A Better Lawyer

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    Playing shows in storied New York City venues and rehearsing with my bandmates in poorly ventilated rooms helped develop the professional qualities I rely on as a litigator, including an ability to collaborate with strong-minded equals and the determination to treat each client with singular focus, says Eliad Shapiro at Herrick Feinstein.

  • The Divergent Approaches In US, EU Forced Labor Standards

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    Forced labor guidance documents recently issued by the U.S. and the European Union have meaningful differences, with the U.S. taking a documentary approach to compliance and the EU emphasizing human rights risks as a governance challenge, but one model will likely exert greater influence, say attorneys at Steptoe.

  • Rethinking Corporate Travel Rules After Device Search Cases

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    A recent New York federal court decision approving a warrantless seizure and search of company laptops and a pending Georgia federal court criminal case over a phone's data deletion underscore how little protection corporate personnel have at the border, necessitating a review of corporate travel programs, say attorneys at Gibson Dunn.

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