A Ninth Circuit panel on Wednesday appeared skeptical of an argument by the City of San José, California, that a lower court miscalculated the overtime pay owed to firefighters, but the judges also said they were "struggling with" the firefighters' argument.
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THURSDAY, OCTOBER 22, 2026 Law360 iOS App Law360 Android App Follow Law360 on Facebook Follow Law360 on LinkedIn Follow Law360 on Twitter

TOP NEWS

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9th Circ. Confused By San Jose's Firefighter OT Math

By Max Kutner

A Ninth Circuit panel on Wednesday appeared skeptical of an argument by the City of San José, California, that a lower court miscalculated the overtime pay owed to firefighters, but the judges also said they were "struggling with" the firefighters' argument.

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OPM's DOGE Data Access Was Unlawful, Judge Says

By Katherine Smith

The U.S. Office of Personnel Management unlawfully gave employees associated with the Department of Government Efficiency "broad" access to the sensitive personal information of millions of current and former federal workers, a New York federal judge has ruled.

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9th Circ. Judges Hint Hospital CBA May Mandate Arbitration

By Rachel Riley

A Ninth Circuit panel appeared receptive on Wednesday to Long Beach Memorial Medical Center's argument that a nurse should be forced to individually arbitrate proposed class break claims, with two judges suggesting that a union contract's repeated references to Golden State labor law bolster the hospital's position.

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Drexel Keeping Its Counsel In Ex-Exec's Bias Suit

By James Boyle

A Pennsylvania federal judge on Tuesday denied a former Drexel University compliance executive's bid to have the school's attorney dismissed from the case over an alleged conflict of interest and tossed the executive's motion for sanctions against Drexel's attorney over comments he made during a deposition.

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Brief

EEOC's Federal Sector Overhaul Nears Finish Line

By Patrick Hoff

The U.S. Equal Employment Opportunity Commission is poised to overhaul how federal employees' bias complaints are handled, sending the proposed regulation to the White House for approval just weeks after the public comment period closed.

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GEO Gets Split Trial In 12-Year-Old Colo. Forced Labor Suit

By Rachel Konieczny

A 12-year-old class action by former detainees of a Colorado immigration detention facility alleging private prison operator The GEO Group Inc. unlawfully profited from their forced labor will have a split trial and begin Nov. 2, as scheduled, a Colorado federal judge ruled.

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DISCRIMINATION

Precedent-Setting Calif. Bias Suit Over Slur Heads To Jury

By Bonnie Eslinger

A decadelong, precedent-setting race bias case wrapped trial Wednesday with counsel for a Black San Francisco prosecutor's office worker arguing she was left debilitated by the city's inaction after a co-worker called her a racial slur while a city lawyer said the slur was likely never uttered.

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SEIU Fired Organizer Over Military Leave, Suit Says

By Patrick Hoff

An SEIU organizer was subjected to intense scrutiny and ultimately fired for taking time off to fulfill her obligations as a member of the U.S. Army Reserve, according to a new lawsuit filed in Pennsylvania federal court.

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Calif. Man Sues Rivian Over Cannabis Test Firing, Wages

By Mike Curley

A Sacramento man is suing electric vehicle maker Rivian LLC in California state court, alleging he was wrongly fired after a cannabis test despite not being impaired or otherwise using cannabis at work, and that the company has not fully paid out his wages.

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Atlanta, Ex-Inspectors End Age Bias Suits Over Promotions

By David Aaro

Two former Atlanta building inspectors have agreed to end their lawsuits accusing the city of denying them promotions to a chief inspector role because of their age, according to filings in Georgia federal court.

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WAGE & HOUR

Allegheny County Passes 12-Week Paid Parental Leave

By Max Kutner

Pennsylvania's second-most populous county approved what worker advocates said was the first county-mandated paid parental leave policies in the U.S.

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Pa. Panel Sets 3-Year Limit On Minimum Wage Claims

By MJ Koo

A split Pennsylvania appeals court panel ruled Wednesday that workers have three years, not six, to sue for unpaid wages under the state's minimum wage law, siding with a pharmacy accused of shorting 20 employees on overtime pay.

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Colo. Cleaning Equipment Co. Accused Of Shorting Pay

By Zach Dupont

A cleaning equipment company employee claimed in Colorado state court Tuesday that the company violated several state wage laws by not paying employees for hours worked off the clock, failing to properly compensate overtime premiums and more.

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LABOR

Prison Union Fights BOP's Emergency Bid To Ax Labor Deal

By Benjamin Morse

The Bureau of Prisons' push to immediately terminate its collective bargaining agreement does not constitute an emergency, a prison guards union argued Wednesday, urging a Connecticut federal judge to reject the agency's request to fast-track its bid to end the contract.

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BENEFITS

Employers Say United Health Double Dealt With Claims

By Spencer Brewer

Multiple employers with self-funded medical plans including Aramark and Kraft Heinz told a Texas federal judge United Health Group Inc. regularly approved bogus healthcare claims collectively worth millions of dollars and then helped itself to undisclosed fees incurred from those approvals.

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NONCOMPETES

Lowe's Moonlighting Action Remanded To Wash. State Court

By Ben Adlin

An employee's proposed class action accusing Lowe's Home Centers LLC of wrongfully restricting lower-wage workers from moonlighting in violation of Washington law must return to state court, a Seattle federal judge ruled Tuesday, finding insufficient evidence that the employee suffered the necessary injury to establish federal standing.

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EXECUTIVE COMPENSATION

Linde Seeks $1.2M Clawback From Exec Who Joined Rival

By Aaron Keller

International industrial and healthcare gas supplier Linde PLC is seeking to recover more than $1.2 million in stock and performance rewards gains from Joseph H. Porto III, the onetime executive director of growth at Linde Gases U.S., after Porto allegedly left for a competitor.

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WHISTLEBLOWER

Ex-Holtec CFO Wins $2.1M Verdict On Whistleblower Claim

By George Woolston

A New Jersey state jury on Wednesday found that nuclear services company Holtec International violated the state's whistleblower law when it fired its chief financial officer days after he objected to what he believed were false and misleading statements in a document meant for a potential investor, awarding him $2.1 million in economic damages.

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Reckitt Benckiser Denies Firing Manager For Whistleblowing

By Gina Kim

Reckitt Benckiser urged a New Jersey federal judge to end a former senior regulatory manager's suit alleging she was fired for raising product safety issues, arguing Tuesday she rejected a lateral transfer amid a global reorganization and unsuccessfully gambled the company would give in to her promotion and higher pay demands.

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EXPERT ANALYSIS

Remote Work Ruling Clarifies Calif. Law Limits, With Caveats

Although a California state appeals court's recent decision in Saberin v. Alation confirmed that California employment laws do not operate extraterritorially merely because a company is headquartered in the state, employers shouldn't construe this as authorization to relocate decision-makers to circumvent statutory obligations, says Hallie Aylesworth at Sheppard.

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5 Ways Trial Attys Can Build Mental Health Counseling Skills

Studies demonstrate that many attorneys are not equipped to respond adequately to trauma exposure, but trial lawyers can build several key skills drawn from mental health counseling into their interactions with clients and colleagues, from cognitive reappraisal to boundary setting, says Alexandra Echsner-Rasmussen at Aylstock Witkin.

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LEGAL INDUSTRY

The Law360 Pulse Leaderboard: A Look At The Top Firms

By Rachel Reimer

What makes a firm stand out in the ever-changing legal landscape? Here's a peek at the 2026 Law360 Pulse Leaderboard — the firms that can demonstrate excellence on measures of prestige and the reach and capability of their legal practice.

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Watchdog Can Pursue Jackson Walker Fees, Judge Says

By Clara Geoghegan

The U.S. Trustee's Office has standing to pursue millions of dollars in fees paid to Jackson Walker LLP in cases assigned to a judge who was in an undisclosed romantic relationship with one of the firm's ex-partners, a Texas bankruptcy court has concluded.

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6th Circ.'s Sutton Floats Class Action Limits At Judiciary Panel

By Jeff Overley

An influential federal judge is proposing new restrictions on class actions that aim to broadly block government policies, judiciary advisers heard at a Wednesday gathering, which also explored transparency ideas affecting legal finance and hard-to-access court records in the red-hot realm of immigration litigation.

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Ex-Employee Of Seyfarth Client Drops Suit Over Data Breach

By Craig Clough

A Texas woman who filed a proposed class action against Seyfarth Shaw LLP over a data breach voluntarily dropped the claims Tuesday without prejudice, according to a filing in Illinois federal court. 

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DOJ Moves To Remove Minn. Judges From Immigration Cases

By Britain Eakin

A top U.S. Department of Justice official has moved to disqualify two Minnesota federal judges from immigration cases, arguing that interviews they gave to The New York Times about the Trump administration's immigration enforcement efforts suggest they can't be impartial.

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FBI Says Fired Agents Acted In Politicized Manner

By Aneeta Mathur-Ashton

Lawyers for the government argued in a Washington, D.C., federal court Wednesday that an unfair firing suit from two former FBI agents should be tossed because they worked in a politicized manner on the "Arctic Frost" investigation into President Donald Trump's attempts to overturn his 2020 election loss.

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Sen. Blackburn Clears Path For Trump's Tenn. Court Nominee

By Courtney Bublé

Sen. Marsha Blackburn, R-Tenn., has returned her blue slip for a judicial nominee for the Eastern District of Tennessee after an apparent delay.

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​​​​​​​Mamdani Taps Top Judicial Adviser Amid New Ethics Reforms

By Andrea Keckley

New York Mayor Zohran Mamdani announced Tuesday that he has appointed a lawyer from the New York University School of Law's Brennan Center for Justice to lead his judicial advisory committee as the mayor's office unveils new reforms to the city's judicial selection process.

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McCarter Beats Estate's Bid To Start $9.75M Interest Clock

By Brian Steele

A Connecticut state court judge has blocked a mall developer's family from filing a formal offer to settle a malpractice suit against McCarter & English LLP for $9.75 million, standing by a November 2025 decision to pause the case while similar litigation proceeds to trial.

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LAW FIRMS IN TODAY'S NEWS

Aylstock Witkin

Chandra Law Firm

Cooley LLP

Cooper & Kirk

Dentons

Emery Reddy

Employment Law Solution

Farnaes & Lucio

Gibson Dunn

Greenberg Traurig

Holland & Knight

Jackson Walker LLP

Javerbaum Wurgaft

Jennings Haug

Jones Day

Jones Gregg

K&L Gates

Karpf Karpf

Kirkland & Ellis

Koskoff Koskoff

Latham & Watkins

Law Office of Daniel Ray Bacon

Lawyers for Justice PC

Lex Lumina

Littler Mendelson

Livingston Adler

Marx & Marx

McCarter & English

McCracken Stemerman

McKool Smith

Meritz Reddy

Meyer Law Office

Morgan Lewis

Norton Rose

Outten & Golden

Ramp & Pisani

Rusty Hardin

Seyfarth Shaw

Sheppard Mullin

Sidley Austin

Skadden Arps

Strauss Borrelli

Wheeler Trigg

White and Williams

Wiggin & Dana

COMPANIES IN TODAY'S NEWS

A Better Balance

APC

Alation Inc.

American Federation of Government Employees

American Federation of Labor & Congress of Industrial Organizations

Aramark

Brennan Center for Justice

Burford Capital LLC

CVS Health Corp.

City Attorney of San Francisco

Delta Air Lines Inc.

Drexel University

Electronic Frontier Foundation

Holtec International Inc

International Legal Finance Association

Lawyers for Civil Justice

Linde PLC

Lowe's Cos. Inc.

Matheson Tri-Gas Inc.

Matheson Trucking Inc.

NFL Enterprises LLC

National Nurses United

New York City Bar Association

New York University

Otis Worldwide Corp.

Parabellum Capital LLC

Reckitt Benckiser Group PLC

Rivian Automotive LLC

SEIU Healthcare Pennsylvania

Service Employees International Union

Space Exploration Technologies Corp.

Tesla Inc.

The Kraft Heinz Co.

The Linde Group

The New York Times Co.

United Airlines Holdings Inc.

Whirlpool Corp.

GOVERNMENT AGENCIES IN TODAY'S NEWS

California Attorney General's Office

California Labor Commissioner's Office

California Supreme Court

Equal Employment Opportunity Commission

Federal Bureau of Investigation

Federal Bureau of Prisons

Judicial Conference of the United States

Pennsylvania Department of Labor & Industry

Pennsylvania Supreme Court

Substance Abuse and Mental Health Services Administration

Texas Attorney General's Office

U.S. Army

U.S. Attorney's Office for the Southern District of New York

U.S. Court of Appeals for the Ninth Circuit

U.S. Department of Homeland Security

U.S. Department of Justice

U.S. District & Bankruptcy Courts of Southern District of Texas

U.S. District Court for the Central District of California

U.S. District Court for the District of Columbia

U.S. District Court for the District of Connecticut

U.S. District Court for the District of Minnesota

U.S. District Court for the District of New Jersey

U.S. District Court for the Eastern District of Pennsylvania

U.S. District Court for the Eastern District of Tennessee

U.S. District Court for the Eastern District of Texas

U.S. District Court for the Northern District of Georgia

U.S. District Court for the Northern District of Illinois

U.S. District Court for the Southern District of New York

U.S. District Court for the Western District of Texas

U.S. District Court for the Western District of Washington

U.S. Immigration and Customs Enforcement

U.S. Office of Personnel Management

U.S. Supreme Court

US Office of Management and Budget

United States District Court for the District of Colorado