A proposed rule clarifying when multiple employers are jointly liable for wage violations could reshape the risk landscape for employers that rely on contractors to supply temporary foreign workers, potentially making them joint employers by default.
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Analysis

DOL Joint Employer Rule Expands Risk For H-2 Employers

By Britain Eakin

A proposed rule clarifying when multiple employers are jointly liable for wage violations could reshape the risk landscape for employers that rely on contractors to supply temporary foreign workers, potentially making them joint employers by default.

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Akin Can't 'Recast' Appeal As Good-Faith Effort, 9th Circ. Told

By Lauren Berg

A European winemaker slammed attempts by a U.S. importer and its Akin Gump Strauss Hauer & Feld LLP attorneys to "recast a frivolous appeal as a good-faith effort," saying they should have to pay monetary sanctions for pursuing what the Ninth Circuit called a "self-indulgent" appeal of a valid arbitration award.

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DOJ's Agri Stats Trial Delayed For Deal Talks

By Matthew Perlman

A Minnesota federal judge Friday pushed back a looming trial in the U.S. Department of Justice's antitrust case against Agri Stats, after the sides told the court they're close to working out a deal.

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DOL Says H-2A Penalty Case Belongs Before Agency Judge

By MJ Koo

The U.S. Department of Labor has urged a Kentucky federal judge to toss a tobacco farm’s constitutional challenge to its H-2A enforcement system, arguing that hiring foreign workers is a government-granted privilege rather than a private right.

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Waffle House Accused Of Pregnancy Bias, Leave Interference

By Kelcey Caulder

Waffle House was sued in Georgia federal court by a former unit manager who alleged that the restaurant chain depleted her medical leave without authorization, denied her reasonable accommodations and twice demoted her due to her pregnancy.

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ENFORCEMENT

FTC Says It Has Evidence To Back Pesticides Antitrust Case

By Matthew Perlman

The Federal Trade Commission is pushing back against bids from Syngenta Corp. and Corteva Inc. in North Carolina federal court to escape allegations of using loyalty rebate schemes to block competition from rival generic pesticides.

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Brief

Ex-City Official To Pay $1.4M In Plea Deal Over Labor Scheme

By Ganesh Setty

A former Sacramento City Council member has reached a plea deal regarding charges that he directed unauthorized immigrants employed at his grocery stores to lie to U.S. Department of Labor investigators, agreeing to pay over $1.4 million in restitution.

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LITIGATION

Maggie McFly's Servers File Class Action Over Unpaid Wages

By Hailey Konnath

A pair of former Maggie McFly's servers have filed a proposed class and collective action against the restaurant chain in Connecticut federal court, claiming the business failed to pay them minimum wage for all the hours they worked and also unlawfully required them to pay for costly uniforms.

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Restaurant Operators Hit With Wage, Break Suit

By Benjamin Morse

Two restaurant operators required workers to perform unpaid off-the-clock duties, denied legally required meal and rest breaks and manipulated time records, according to a proposed class action filed in Washington state court.

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LEGAL INDUSTRY

ABA Settles Scholarship Suit After Disavowing Racial Criteria

By Grace Elletson

The American Bar Association struck a deal to end a suit claiming a scholarship program for racial and ethnic minorities discriminated against white applicants, in line with a vow it made last year that its programs would be race-neutral, according to a filing Monday in Illinois federal court.

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2nd Trump Judicial Nominee Questioned Over Fla. State Case

By Courtney Bublé

For the second time in a year, a judicial nominee for a Florida federal court is under scrutiny for allegedly presiding over a state level case involving President Donald Trump while being considered for a federal judgeship.

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Reed Smith Targeted In Eletson Gas Ownership Fracas

By Caroline Simson

Reed Smith LLP and two of its partners are facing a $262 million lawsuit in a long-running and bitter dispute over ownership of an international gas shipping company, as well as other issues that remain unresolved following the vacatur of an underlying $102 million arbitral award for fraud.

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Alabama Justices Toss Case Over Atty's AI-Hallucinated Briefs

By Lauren Berg

The Alabama Supreme Court tossed an appeal and sanctioned a Mobile, Alabama, attorney for filing "grossly deficient" briefs that contained multiple inaccurate legal citations that the justices attributed to artificial intelligence "hallucinations."

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Justices Deny Ramey Appeal Of Sanctions In Google IP Case

By Ryan Davis

The U.S. Supreme Court on Monday refused to review $255,000 in sanctions on embattled attorney William Ramey and a client for bringing what a California judge said was a frivolous patent suit against Google, turning down his appeal arguing the decision used the wrong legal standard.

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Analysis

How A Rush To Trial Paid Off With A Rare FCPA Acquittal

By Phillip Bantz

A defense strategy to fast-track the trial in a yearslong criminal foreign bribery case against a Mexican businessman in Texas appeared to backfire when he was convicted and sent to prison last year, but the gamble ultimately paid off when a judge permanently tossed the case earlier this month.

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Toss Of Atty's LVMH Claim 'Problematic,' 2nd Circ. Judge Says

By Pete Brush

A Second Circuit judge said Monday that he is having a "hard time" understanding how the firing of a LVMH lawyer wasn't connected to her earlier harassment allegations, indicating a willingness to revive retaliation claims against the luxury goods giant.

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Catching Up With Delaware's Chancery Court

By Jarek Rutz

The Delaware Chancery Court this past week tackled a fresh mix of deal litigation, procedural disputes and fiduciary duty claims, with several rulings and filings underscoring the court's continued focus on contractual precision, forum enforcement and the limits of stockholder challenges.

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COMPANIES IN TODAY'S NEWS

Agri Stats Inc.

American Bar Association

Apple Inc.

Ayala Pharmaceuticals Inc.

Brandeis University

Cargill Inc.

Cisco Systems Inc.

Corteva Inc.

Google LLC

Harvard University

Institute for Justice

LVMH Moet Hennessy

Live Nation Entertainment Inc.

London Court of International Arbitration

Masimo Corp.

National Association of Realtors

Renesas Electronics Corp.

Sanderson Farms Inc.

Syngenta AG

Tesaro Inc.

Tyson Foods Inc.

Waffle House Inc.

Walt Disney Parks & Resorts Worldwide Inc.

World Wrestling Entertainment Inc.

YouTube Inc.

LAW FIRMS IN TODAY'S NEWS

Akin Gump

Armbrecht Jackson

Ballard Spahr

Breazeale Sachse

Buchalter LLP

Consovoy McCarthy

Cravath Swaine

Davis Polk

Fisher & Phillips

Fox Rothschild

Goulston & Storrs

Hogan Lovells

Jenner & Block

Law Office of Max Rodriguez

Law Office of Thomas A. Johnson

Lawfair LLC

Lawyers for Justice PC

Loretta A. Preska

Madsen Prestley

Paul Weiss

Pechman Law

Perkins Coie

Quinn Emanuel

R. McConnell Group PLLC

Radford Scott LLP

Ramey LLP

Reed Smith

GOVERNMENT AGENCIES IN TODAY'S NEWS

Delaware Court of Chancery

Equal Employment Opportunity Commission

Federal Trade Commission

Government of Mexico

Internal Revenue Service

Pennsylvania Supreme Court

Small Business Administration

U.S. Attorney's Office for the District of Minnesota

U.S. Attorney's Office for the Eastern District of California

U.S. Attorney's Office for the Eastern District of Kentucky

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

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

U.S. Court of Appeals for the Ninth Circuit

U.S. Court of Appeals for the Second Circuit

U.S. Department of Justice

U.S. Department of Labor

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

U.S. District Court for the District of Connecticut

U.S. District Court for the District of Minnesota

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

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

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 Florida

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

U.S. Securities and Exchange Commission

U.S. Supreme Court

United Nations

Wage and Hour Division