Employment

  • July 30, 2025

    Database Administrator Was Employee, Court Told

    A former database administrator was misclassified as an independent contractor, he alleged in a proposed class and collective action in New York federal court against companies including Express Scripts and Cigna, saying he was effectively an employee.

  • July 30, 2025

    Rising Star: Seyfarth's Leo Li

    Leo Li of Seyfarth Shaw LLP has championed clients facing wage-and-hour class actions and California Private Attorneys General Act claims, including by securing a win on appeal for a Southern California Pizza Hut franchisee after a decade of litigation involving thousands of delivery drivers, earning him a spot among employment law practitioners under age 40 honored by Law360 as Rising Stars.

  • July 30, 2025

    NJ County Dispatchers' Pay Affected By Bias, Union Says

    Camden County, New Jersey, pays telecommunication services workers who fall under protected classes — such as veterans and people of color — less than their counterparts who are not classified as such, a Communications Workers of America unit said in a proposed class action.

  • July 30, 2025

    4th Circ. Backs Farm Worker's $2.5M Award For Amputation

    The Fourth Circuit affirmed a $2.5 million jury verdict favoring a former North Carolina farm worker who lost his lower leg to a grain silo auger, finding the farm tried to raise new arguments on appeal that were never before the district court.

  • July 30, 2025

    2nd Circ. Hands Clerk Another Shot At Free Speech Firing Suit

    A Second Circuit panel reinstated a suit Wednesday from a court clerk who claimed she was fired for aiding an investigation into an ethics complaint against her former boss, ruling the lower court incorrectly found that her duties as a government worker shielded her from constitutional protection.

  • July 30, 2025

    Honeywell, Fund's $1.2M Liability Dispute Sent To Arbitration

    A Washington federal judge has paused a union pension fund's suit seeking nearly $1.2 million after, the suit says, Honeywell International Inc. stopped contributions and withdrew from the fund, ordering the parties to arbitrate over when the company received notice for its withdrawal liability.

  • July 30, 2025

    Former NASCAR Employee Sues Over Data Breach

    A former NASCAR employee is spearheading a proposed class action against the racing organization in Florida federal court over its failure to prevent a data breach that saw the theft of sensitive user information.

  • July 29, 2025

    Ex-LA Officer Can't Revive Suit Over COVID-19 Testing Costs

    A California appellate court Monday refused to revive a former Los Angeles police officer's suit claiming that he was denied due process when he was fired after refusing to comply with the city's COVID-19 policies, finding that the officer wasn't fired until after he made his case to the city.

  • July 29, 2025

    Axos Wants Justices To Undo Auditor's $1.5M Retaliation Win

    BofI Federal Bank, now operating as Axos Bank, has taken its dispute with a former auditor to the U.S. Supreme Court, asking the justices to vacate a Ninth Circuit decision upholding a $1.5 million jury verdict in favor of the auditor, who claimed he was fired for whistleblowing.

  • July 29, 2025

    Posner Wage Theft Claims Should Be Revived, 7th Circ. Told

    A former staffer for retired U.S. Circuit Judge Richard Posner has asked the Seventh Circuit to review federal court rulings in his loss of wage theft claims against the ex-judge, arguing an Indiana federal judge permitted a botched discovery process and prematurely dismissed claims while fact issues remained.

  • July 29, 2025

    Colo. Sues PetSmart Over Allegedly Illegal 'TRAP' Contracts

    PetSmart LLC is under fire from the state of Colorado, with the attorney general's office filing a complaint in state court on Tuesday claiming it tricked dog groomers into signing up for a "free" training program that included a "training repayment agreement provision" with fees of up to $5,500 if they left before working for two years.

  • July 29, 2025

    Detroit Casino Can't Beat Denied Vaccine Exemption Suit

    A dozen former supervisors at a Detroit casino can proceed to trial on claims that their employer refused to accommodate their religiously motivated requests to skip the COVID-19 vaccine, a Michigan federal judge has ruled.

  • July 29, 2025

    Fight Over End To Migrant Parole May Be Moot, 1st Circ. Hints

    The First Circuit grappled Tuesday with whether the Trump administration could elect to abruptly end a Biden-era immigration parole program, even as it appeared to acknowledge that as a practical matter, the measure could die of attrition before the question is answered.

  • July 29, 2025

    9th Circ. Rescinds Ruling On Wash. Abortion Coverage Law

    A Ninth Circuit panel has walked back a published March opinion rejecting a Christian church's challenge to a Washington state law mandating employer health coverage of abortion services, saying in a Tuesday order that the federal appeals court would issue a new ruling following additional oral arguments.

  • July 29, 2025

    Atty Says NC Firm Wants 'Free Pass' In Workers' Comp Case

    A former trial lawyer with Cranfill Sumner LLP is contesting the notion that he stands to gain double the workers' compensation he's allowed should an intermediate appeals court ruling stand, saying there are no far-reaching consequences in the case that merit review by North Carolina's top court.

  • July 29, 2025

    3rd Circ. Says DOL H-2A Case Should Have Been In Fed. Court

    A New Jersey farm was entitled to have a federal court weigh in on the U.S. Department of Labor's allegations that it flouted H-2A visa program requirements, the Third Circuit ruled Tuesday, finding the DOL improperly relied on in-house administrative proceedings to impose over $580,000 in fines.

  • July 29, 2025

    Auto Parts Co. Drops NLRB Constitutionality Case At 6th Circ.

    An auto parts maker dropped its Sixth Circuit case claiming the National Labor Relations Board's structure flouts the U.S. Constitution, ending the dispute weeks after the appellate panel appeared unlikely to side with the company.

  • July 29, 2025

    Ex-TTEC Worker Pushes For Cert. In Expense Coverage Suit

    A former TTEC Services employee accusing the customer service technology company of failing to reimburse workers for computers and internet upgrades asked a Colorado federal judge on Monday to certify a proposed class and collective action, claiming Tenth Circuit precedent backs certification prior to a court considering arbitration agreements.

  • July 29, 2025

    EEOC Retreat On Trans Bias Enforcement Illegal, Suit Says

    A Maryland-based LGBTQ+ advocacy organization alleged in a lawsuit Tuesday that recent steps taken by the U.S. Equal Employment Opportunity Commission to walk back enforcement of protections against sexual orientation and gender identity discrimination violate federal civil rights law and the U.S. Constitution.

  • July 29, 2025

    7th Circ. Backs Ex-CTA Worker's Sanction Over Deleted Chats

    The Seventh Circuit has affirmed a lower court's dismissal of a former Chicago Transit Authority employee's retaliation lawsuit as a sanction for spoiling evidence, saying his explanation about how electronic phone messages were deleted changed over time and concluding that he wasn't entitled to an evidentiary hearing or jury review.

  • July 29, 2025

    Worker Caused Own Drunk Driving Death, Conn. Court Told

    A woman who died in a drunk driving crash after an allegedly mandatory wine tasting event at the Connecticut restaurant where she worked is responsible for her own death because she drank too much and failed to obey traffic laws, the defendants in her estate's lawsuit said in their answer to the complaint.

  • July 29, 2025

    Attys Blast 'Chilling Message' Of Judge Shopping Sanctions

    Three attorneys sanctioned for judge shopping while challenging an Alabama statute that criminalizes gender-affirming care have asked the Eleventh Circuit to clear their names, castigating the process that led to their censure as "so extraordinary as to approach unprecedented."

  • July 29, 2025

    Manufacturer Pins Union Fund's $26M Bill On Botched Audit

    A roofing and siding manufacturer is fighting the claim that it owes a Teamsters health insurance fund $26 million, saying in a new Employee Retirement Income Security Act lawsuit in New Jersey federal court that the fund conjured up the debt through a "nonsense" audit.

  • July 29, 2025

    Rising Star: Cohen Milstein's Harini Srinivasan

    Harini Srinivasan of Cohen Milstein Sellers & Toll PLLC secured a $45 million settlement on behalf of U.S. Customs and Border Protection officers who claimed pregnancy discrimination and also challenged AT&T's attendance point system, earning her a spot among the employment law practitioners under age 40 honored by Law360 as Rising Stars.

  • July 29, 2025

    Colo. Conservative Group Says New OT Law Violates TABOR

    Colorado's new overtime law, which requires overtime deducted from federal gross income to be added back to a taxpayer's federal taxable income for state income tax, violates the state's Taxpayer's Bill of Rights, a conservative advocacy group told a state district court.

Expert Analysis

  • Shifting DEI Expectations Put Banks In Legal Crosshairs

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    The Trump administration's rollbacks on DEI-friendly policies create something of a regulatory catch-22 for banks, wherein strict compliance would contradict established statutory and administrative mandates regarding access to credit for disadvantaged communities, say attorneys at Husch Blackwell.

  • When Rule 12 Motions Against Class Allegations Succeed

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    Companies facing class actions often attempt early motions to strike class allegations, and while some district courts have been reluctant to decide certification issues at the pleading stage, several recent decisions have shown that Rule 12 motions to dismiss or strike class allegations can be effective, say attorneys at Womble Bond.

  • Compliance Tips After Court Axes EEOC's Trans Rights Take

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    A Texas federal court's recent decision struck portions of the U.S. Equal Employment Opportunity Commission's 2024 guidance pertaining to sexual orientation and gender identity under Title VII, barring their use nationwide and leaving employers unsure about how to proceed in their compliance efforts, say attorneys at Dorsey & Whitney.

  • Series

    Law School's Missed Lessons: Teaching Yourself Legal Tech

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    New graduates often enter practice unfamiliar with even basic professional software, but budding lawyers can use on-the-job opportunities to both catch up on technological skills and explore the advanced legal and artificial intelligence tools that will open doors, says Alyssa Sones at Sheppard Mullin.

  • How AI May Reshape The Future Of Adjudication

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    As discussed at a recent panel at Texas A&M, artificial intelligence will not erase the human element of adjudication in the next 10 to 20 years, but it will drive efficiencies that spur private arbiters to experiment, lead public courts to evolve and force attorneys to adapt, says Christopher Seck at Squire Patton.

  • 5 Insurance Claims That Could Emerge After NCAA Settlement

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    Following the recent NCAA class action settlement that will allow revenue sharing with college athletes, there may be potential management liability for universities, their executive leadership and boards that could expose insurers to tax, regulatory, breach of contract and other claims, says Sarah Abrams at Baleen Specialty.

  • When Legal Advocacy Crosses The Line Into Incivility

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    As judges issue sanctions for courtroom incivility, and state bars advance formal discipline rules, trial lawyers must understand that the difference between zealous advocacy and unprofessionalism is not just a matter of tone; it's a marker of skill, credibility and potentially disciplinary exposure, says Nate Sabri at Perkins Coie.

  • Opinion

    It's Time To Expand The WARN Act Liability Exception

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    With layoffs surging across several industries, Congress should amend the Worker Adjustment and Retraining Notification Act to address an exception-based disparity that prevents directors and officers from taking all reasonable steps to save a company before being required to provide workers with a mass-layoff notice, say attorneys at Lowenstein Sandler.

  • 3 Corporate Deposition Prep Tips To Counter 'Reptile' Tactics

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    With plaintiffs counsel’s rising use of reptile strategies that seek to activate jurors' survival instincts, corporate deponents face an increased risk of being lulled into providing testimony that undercuts a key defense or sets up the plaintiff's case strategy at trial, making it important to consider factors like cross-examination and timing, say attorneys at Dentons.

  • 8th Circ. Ruling Highlights Complicated Remote Work Analysis

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    The Eighth Circuit’s recent opinion in Kuklenski v. Medtronic USA demonstrates that the applicability of employment laws to remote workers is often a fact-driven analysis, highlighting several parameters to consider when evaluating what state and local laws may apply to employees who work remotely, say attorneys at Vedder Price.

  • Philly Law Initiates New Era Of Worker Protections

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    A new worker protection law in Philadelphia includes, among other measures, a private right of action and recordkeeping requirements that may amount to a lower evidentiary standard, introducing a new level of accountability and additional noncompliance risks for employers, say attorneys at Morgan Lewis.

  • Series

    Volunteering At Schools Makes Me A Better Lawyer

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    Speaking to elementary school students about the importance of college and other opportunities after high school — especially students who may not see those paths reflected in their daily lives — not only taught me the importance of giving back, but also helped to sharpen several skills essential to a successful legal practice, says Guillermo Escobedo at Constangy.

  • How Trump Administration's Antitrust Agenda Is Playing Out

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    Under the current antitrust agency leadership, the latest course in merger enforcement, regulatory approach and key sectors shows a marked shift from Biden-era practices and includes a return to remedies and the commitment to remain focused on the bounds of U.S. law, say attorneys at Wilson Sonsini.

  • Justices' Ruling Lowers Bar For Reverse Discrimination Suits

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    The U.S. Supreme Court's unanimous opinion in Ames v. Ohio Department of Youth Services, lowering the evidentiary burden for plaintiffs bringing so-called reverse discrimination claims, may lead to more claims brought by majority group employees — and open the door to legal challenges to employer diversity, equity and inclusion initiatives, say attorneys at Ice Miller.

  • Attacks On Judicial Independence Tend To Manifest In 3 Ways

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    Attacks on judicial independence now run the gamut from gross (bald-faced interference) to systemic (structural changes) to insidious (efforts to undermine public trust), so lawyers, judges and the public must recognize the fateful moment in which we live and defend the rule of law every day, says Jim Moliterno at Washington and Lee University.

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