Employment

  • May 08, 2025

    Key Question In Inmates' Wage Fight: Are They Employees?

    Despite a growing body of case law laying out a blueprint for determining whether incarcerated workers are employees — which would legally entitle them to minimum wage and other protections — there is no definitive way to classify workers behind bars.

  • May 08, 2025

    Wayfair Beats Software Engineer's Age Bias Suit

    A Massachusetts state jury has cleared Wayfair in a discrimination case brought by a 53-year-old software engineer who was terminated in the early months of the pandemic after he requested flexibility to care for his school-age children.

  • May 08, 2025

    Atty Says Imprisoned Clients' Meager Pay Part Of Bigger Issue

    Sonia Kumar has spent her 17-year legal career representing people who have spent decades behind bars in Maryland prisons. As a senior staff attorney with the American Civil Liberties Union, Kumar has fought for racial justice and combated abuses within the prison system.

  • May 08, 2025

    Congressman Wants Another Shot At Incarcerated Wages Bill

    While courts grapple with whether incarcerated workers are employees under the Fair Labor Standards Act and thus entitled to minimum wage and other protections, congressional Democrats plan to make another attempt to update the statute to answer that question.

  • May 08, 2025

    Ind. Allows Credit For Taxes Paid On Behalf Of Pass-Throughs

    Indiana authorized electing pass-through entities to claim a credit for taxes paid on their behalf under a bill signed by the governor.

  • May 08, 2025

    Landry's To Pay Iranian Server $95K In EEOC Harassment Suit

    Seafood restaurant chain Landry's will pay $95,000 to wrap up a U.S. Equal Employment Opportunity Commission suit claiming it fired an Iranian server under false allegations that she came to work drunk after she complained about harassment, according to a Colorado federal court filing.

  • May 08, 2025

    NC Ophthalmologist Owes Ex-Partner Office Building Cash

    The North Carolina Business Court has ruled that an ophthalmologist who agreed to buy out his former business partner's share of their practice must pay the former partner 36% of the value of their office building under the terms of their confidential settlement agreement.

  • May 08, 2025

    Full DC Circ. Restores International Media Funding, For Now

    The en banc D.C. Circuit on Wednesday restored federal grant funding to international broadcasters while the Trump administration appeals a lower court ruling blocking cuts to the agency that oversees Voice of America.

  • May 08, 2025

    6th Circ. Eyes Reviving Kellogg, FedEx Mortality Table Suits

    The Sixth Circuit on Thursday appeared open to reviving suits against Kellogg and FedEx from married pensioners who alleged their employers' outdated actuarial assumptions shortchanged their joint-and-survivor benefits, with multiple judges seeming to doubt a lower court's assertion that employers had unfettered latitude when choosing what data to use.

  • May 08, 2025

    Buffalo Wild Wings Job Apps Violate Ill. Privacy Law, Suit Says

    Buffalo Wild Wings and its corporate parent have been hit with a proposed class action from two Illinois residents alleging the chain is violating a state privacy law by probing applicants' family medical histories as part of its employment considerations.

  • May 08, 2025

    Pa. Jury Awards $165K To Teachers In Equal Pay Suit

    A Pennsylvania jury awarded a total of $165,000 in damages to two female teachers who claimed they had been unfairly paid less than their male counterparts in the Central Bucks School District Thursday.

  • May 08, 2025

    Ga. Mortgage Co. Can Arbitrate Loan Processor's OT Claims

    A loan processor manager's suit claiming a mortgage lender unlawfully considered her overtime-exempt will go to arbitration, a Georgia federal judge ruled, saying the company didn't waive its right to arbitrate and that the arbitration clause keeps her suit out of court.

  • May 08, 2025

    DOJ Civil Rights Appellate Leader Joins Crowell & Moring

    Crowell & Moring LLP hired the acting deputy chief of the Justice Department's Civil Rights Division's Appellate Section as a senior counsel who will be based in Washington focusing on a range of higher education matters, the firm announced Thursday.

  • May 08, 2025

    Fix For Roster Limits In NCAA's NIL Deal Awaits Judge's Nod

    Current and prospective college athletes whose spots on their team rosters were jeopardized by the NCAA's settlement of a name, image and likeness antitrust class action will be allowed to play again, according to the latest version of the deal, which a California federal judge found last month needed a revision.

  • May 08, 2025

    Atty Says SC Firm Owes Triple Damages For Not Paying Her

    A South Carolina law firm failed to pay an attorney her earned wages during several pay periods until she got her own lawyers involved, she told a federal court, saying the firm should be put on the hook for triple damages and attorney fees.

  • May 08, 2025

    Jury Says Firm Owes Ex-HR Exec $3.27M In Retaliation Case

    A Tennessee federal jury said a personal injury firm should pay $3.27 million to a former chief people officer who claimed she was fired after raising concerns that female attorneys were being paid less than men.

  • May 07, 2025

    DOJ Drops Bias Claims Over NY Fire Dept. Hiring Practices

    The U.S. Department of Justice dropped its claims on Wednesday in long-running federal litigation against New York City over allegedly discriminatory hiring practices against minority firefighter applicants, two weeks after President Donald Trump signed an executive order that seeks to end disparate impact as a theory of liability for unlawful discrimination.

  • May 07, 2025

    BNSF Fired Conductor For Seeking Injury Payment, Suit Says

    BNSF Railway Co. has been hit with an employment retaliation suit in Washington federal court by a former conductor who claims he was wrongfully fired based on an unsubstantiated rule violation after he sought compensation for a brake rigging accident that severely injured his hand.

  • May 07, 2025

    Illinois Seeks Exit From Suit Over Demographic Data Law

    Illinois asked a federal judge to toss a lawsuit brought by a group called the American Alliance for Equal Rights that seeks to block the state from enforcing a law requiring nonprofits to publicize their demographic data, saying the organization has no standing to bring the claims.

  • May 07, 2025

    Texas Bill May Limit Full Redress For Personal Injury Victims

    A Texas bill aimed at reining in allegedly excessive jury awards granted to personal injury victims would be a boon for insurance companies, but it may threaten victims' ability to get full compensation for the consequences of another party's negligence.

  • May 07, 2025

    Southwest Says Union Deal Makes Sick Leave Suit Irrelevant

    Southwest Airlines said Tuesday that a suit challenging its sick leave settlement with Colorado is moot because a recent collective bargaining agreement between the airline and its workers in the state already applies a 2020 law.

  • May 07, 2025

    NY Legal Aid Union Accused Of Antisemitism At NLRB, EEOC

    A United Auto Workers affiliate representing attorneys at a New York legal services organization violated federal laws when the union thwarted antisemitism measures in the workplace, a nonprofit alleged Wednesday in announcing charges it filed at the National Labor Relations Board and U.S. Equal Employment Opportunity Commission.

  • May 07, 2025

    9th Circ. Axes Fired University Worker's 1st Amendment Fight

    The Ninth Circuit on Wednesday refused to revive a lawsuit claiming two former University of Arizona officials fired a health sciences employee because of his husband's criticisms of a hiring process, saying the administrators are immune from the worker's free speech claim.

  • May 07, 2025

    Similar Federal Suit Found To Bar A&M Texarkana Bias Case

    A state appeals court has said Texas A&M University-Texarkana could escape an employment discrimination lawsuit brought by a former employee, ruling that his claims are barred by a nearly identical suit he previously filed in federal court.

  • May 07, 2025

    Politics, Tech Issues Top Concerns At Chicago Risk Event

    Insurance and risk professionals around the country gathered in Chicago to discuss potential perils and opportunities for the future, with talks often centering on President Donald Trump's administration, technological developments and statutory reform of the legal system.

Expert Analysis

  • How To Accelerate Your Post-Attorney Career Transition

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    Professionals seeking to transition to nonattorney careers may encounter skepticism as nontraditional candidates, but there are opportunities for thought leadership and to leverage speaking and writing to accelerate a post-attorney career transition, say Janet Falk at Falk Communications and Evgeny Efremkin at Toronto Metropolitan University.

  • Key Takeaways From The 2025 Spring Antitrust Meeting

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    Leadership changes, shifting priorities and evolving enforcement tools dominated the conversation at the recent American Bar Association Spring Antitrust Meeting, as panelists explored competition policy under a second Trump administration, agency discretion under the 2023 merger guidelines and new frontiers in conduct enforcement, say attorneys at Freshfields.

  • Running A Compliant DEI Program After EEOC, DOJ Guidance

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    Following recent guidance from the U.S. Equal Employment Opportunity Commission and the U.S. Department of Justice that operationalized the Trump administration's focus on ending so-called illegal DEI, employers don't need to eliminate DEI programs, but they must ensure that protected characteristics are not considered in employment decisions, say attorneys at Holland & Knight.

  • Series

    Law School's Missed Lessons: Be An Indispensable Associate

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    While law school teaches you to research, write and think critically, it often overlooks the professional skills you will need to make yourself an essential team player when transitioning from a summer to full-time associate, say attorneys at Stinson.

  • NWSL's $5M Player Abuse Deal Shifts Standard For Employers

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    The National Women's Soccer League's recent $5 million settlement addressing players' abuse allegations sends a powerful message to leagues, entertainment entities and employers everywhere that employee safety, accountability and transparency are no longer optional, say attorneys at Michelman & Robinson.

  • Mass. AG Emerges As Key Player In Consumer Protection

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    Through enforcement actions and collaborations with other states — including joining a recent amicus brief decrying the defunding of the Consumer Financial Protection Bureau — Massachusetts Attorney General Andrea Campbell has established herself as a thought leader for consumer protection and corporate accountability, say attorneys at Troutman Pepper.

  • Series

    Birding Makes Me A Better Lawyer

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    Observing and documenting birds in their natural habitats fosters patience, sharpens observational skills and provides moments of pure wonder — qualities that foster personal growth and enrich my legal career, says Allison Raley at Arnall Golden.

  • What To Know About Restrictions On Former Federal Workers

    Excerpt from Practical Guidance
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    Amid reductions to the federal workforce, agency counsel should be mindful that workers who are leaving government employment will still be covered by federal ethics restrictions upon their departure, including recusal requirements and temporary and permanent bans, says Rex Iacurci at LexisNexis.

  • Series

    Adapting To Private Practice: From DOJ Leadership To BigLaw

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    The move from government service to private practice can feel like changing one’s identity, but as someone who has left the U.S. Department of Justice twice, I’ve learned that a successful transition requires patience, effort and the realization that the rewards of practicing law don’t come from one particular position, says Richard Donoghue at Pillsbury.

  • In-House Expert Testimony Is Tricky, But Worth Considering

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    Litigation counsel often reject the notion of designating in-house personnel to provide expert opinion testimony at trial, but dismissing them outright can result in a significant missed opportunity, say David Ben-Meir at Ben-Meir Law and Martin Pitha at Lillis Pitha.

  • Issues To Watch At ABA's Antitrust Spring Meeting

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    Attorneys at Freshfields consider the future of antitrust law and competition enforcement amid agency leadership changes and other emerging developments likely to dominate discussion at the American Bar Association's Antitrust Spring Meeting this week.

  • Tracking Changes To AI Evidence Under Federal Rules

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    As the first quarter of 2025 draws to a close, important changes to the Federal Rules of Evidence regarding the use of artificial intelligence in the courtroom are on the horizon, including how to handle evidence that is a product of machine learning, say attorneys at Debevoise.

  • Navigating The Use Of AI Tools In Workplace Investigations

    Excerpt from Practical Guidance
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    Artificial intelligence tools can be used in workplace investigations to analyze evidence and conduct interviews, among other things, but employers should be aware of the legal and practical risks, including data privacy concerns and the potential for violating antidiscrimination laws, say attorneys at Fisher Phillips.

  • Law Firm Executive Orders Create A Legal Ethics Minefield

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    Recent executive orders targeting BigLaw firms create ethical dilemmas — and raise the specter of civil or criminal liability — for the government attorneys tasked with implementing them and for the law firms that choose to make agreements with the administration, say attorneys at Buchalter.

  • NLRB Firing May Need Justices' Input On Removal Power

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    President Donald Trump's unprecedented removal of National Labor Relations Board member Gwynne Wilcox spurred a lawsuit that is sure to be closely watched, as it may cause the U.S. Supreme Court to reexamine a 1935 precedent that has limited the president's removal powers, say attorneys at Kelley Drye.

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