Employment

  • February 25, 2025

    Pa. Health System Strikes Deal To Exit Workers' OT Suit

    A Pennsylvania health system reached a deal Tuesday to resolve a proposed class action accusing it of stiffing unionized hospital workers on overtime wages, according to a report filed in federal court announcing a successful mediation.

  • February 25, 2025

    5th Circ. Backs FedEx's Win In Worker's Age Bias Suit

    The Fifth Circuit refused to reopen a former FedEx manager's lawsuit alleging he was terminated because he was in his 50s, finding he couldn't overcome the delivery company's assertion that he was fired for failing to take action when a co-worker brought a BB gun to work.

  • February 25, 2025

    Ex-NJ Judge Says Judiciary Still Retaliating In Pension Fight

    A former New Jersey Superior Court judge has asked a state court to amend her suit challenging the denial of her disability pension application a second time, alleging that the state judiciary has further retaliated against her by requiring her to spend over $200,000 to qualify for a deferred early retirement pension.

  • February 25, 2025

    VA Fires Another 1,400 Employees Amid Dems' Pushback

    The U.S. Department of Veterans Affairs announced Tuesday it is dismissing another 1,400 probationary employees from "non-mission critical" positions amid criticism from Democrats over a round of cuts announced earlier this month.

  • February 25, 2025

    Masimo Aims To DQ Hueston Hennigan As Ex-CEO's Counsel

    Masimo Corp. is urging the Delaware Chancery Court to disqualify Hueston Hennigan LLP from representing its founder and former CEO in a lawsuit over his quest for a $450 million payout from the medical technology company, arguing the firm has a conflict of interest.

  • February 25, 2025

    DOL Taps Former Agency Official As Exec Secretary

    The U.S. Department of Labor announced Tuesday that a former agency official who served under President Donald Trump's first administration was appointed as its executive secretary.

  • February 25, 2025

    20 Republican AGs Back Trump's Firing Of Wilcox From NLRB

    A coalition of 20 Republican attorneys general asked a Washington, D.C., federal judge to uphold President Donald Trump's removal of Gwynne Wilcox from the National Labor Relations Board, backing the administration's position that board members' job protections written into the National Labor Relations Act are unconstitutional.

  • February 25, 2025

    King & Spalding Beats Bias Suit Over Summer Program

    King & Spalding LLP won't have to face a discrimination suit filed by a straight white woman who says she was dissuaded from applying to a summer associate program open only to "diverse" applicants, a Maryland federal court has ruled, saying she has not sufficiently demonstrated a real intent to apply to the position and therefore lacks standing.

  • February 25, 2025

    Special Counsel Calls Out Illegal Federal Worker Firings

    The firings of six probationary federal employees amid the Trump administration's mission to trim the federal workforce were unlawful, the head of the U.S. Office of Special Counsel said, urging the Merit Systems Protection Board to halt the dismissals while indicating more workers are in the same boat.

  • February 25, 2025

    Jones Day, Married Ex-Associates End Suit Over Family Leave

    Jones Day and two former associates have settled their acrimonious and long-running legal battle over the firm's allegedly sexist family leave policy, they told a Washington, D.C., federal court Tuesday.

  • February 25, 2025

    Union Says Train Co.'s Lawsuit Frustrates Bargaining

    A Florida high-speed rail operator is not bargaining in good faith with a transport workers union by claiming it is not subject to federal railway labor law, the union alleged in a lawsuit filed in federal court Tuesday.

  • February 24, 2025

    9th Circ. Axes Fee Award In California Pizza Kitchen Hack Deal

    The Ninth Circuit on Monday scrapped an attorney fee award of $800,000 given to class counsel as part of a deal resolving data breach litigation against California Pizza Kitchen, finding that the lower court had failed to properly compare the "actual value" of the settlement — which the panel put around $950,000 — to the requested fees.

  • February 24, 2025

    DC Judge Wary Of Constitutionality Of Musk's DOGE

    A D.C. federal judge on Monday questioned the constitutionality of Elon Musk's Department of Government Efficiency while expressing skepticism that groups challenging the department's access to federal systems housing Americans' sensitive data had established the irreparable harm needed to block access.

  • February 24, 2025

    Unions, Groups Say Fed. Employees '5 Things' Email Illegal

    A group of unions challenging the federal layoff order said the U.S. Office of Personnel Management's controversial request for federal employees to include in a weekly email five things they accomplished flouts federal law, amending their lawsuit in California federal court.

  • February 24, 2025

    Md. Judge Blocks DOGE Access To Education, OPM Data

    A Maryland federal judge on Monday prohibited the U.S. Department of Education and the Office of Personnel Management from continuing to share with Elon Musk's Department of Government Efficiency the sensitive information of federal employees and student aid recipients, saying the agencies likely have violated federal privacy law.

  • February 24, 2025

    Fla. Teacher Wins Appeal Over Memes Posted To Social Media

    A Florida state appellate court overturned a punishment handed to a math teacher who was suspended for three days over posting political memes to his Facebook profile, saying his right to free speech was violated because the posts were a matter of public concern and didn't disrupt school operations.

  • February 24, 2025

    Charter Communications Keeps Trade Secrets Suit In Conn.

    A Charter Communications Inc. trade secrets lawsuit against a former Colorado-based vice president will remain in Connecticut, a federal judge ruled from the bench on Monday, greenlighting the company's request for a preliminary injunction in its home state.

  • February 24, 2025

    Anti-Abortion Group Appeals In Reproductive Rights Law Row

    An anti-abortion organization is turning to the Second Circuit to try to revive its suit claiming a New York state law that bars employers from penalizing workers for their reproductive health decisions, such as ending a pregnancy, infringes on its constitutional rights.

  • February 24, 2025

    Tax Software Co. Says Rival Is The Real Trade Secrets Thief

    Corporate-focused tax preparation software company Avalara, accused by Vertex Inc. of poaching workers to steal trade secrets, has asked to file counterclaims, arguing Vertex has actually done the illegal poaching.

  • February 24, 2025

    Ousted MSPB Chair Defends Humphrey's In Injunction Bid

    The Merit Systems Protection Board chair fired by President Donald Trump demanded an injunction to prevent her removal by administration officials, telling a D.C. federal judge that siding with the president's position on the U.S. Supreme Court's Humphrey's Executor ruling would "upend constitutional law."

  • February 24, 2025

    EEOC Gets OK To Advance Male Bias Suit Against Sports Bar

    A North Carolina federal judge on Monday rejected Battleground Restaurants Inc.'s bid to dismiss the U.S. Equal Employment Opportunity Commission's lawsuit alleging the company systematically refused to hire men for front-of-house jobs at its Kickback Jack's sports bar, saying the commission has met the pleading standards for the claims.

  • February 24, 2025

    4th Circ. Won't Block DOL's H-2A Minimum Wage Rule

    A Biden-era rule from the U.S. Department of Labor that shook up how it calculates minimum wages paid to H-2A visa workers may stand, the Fourth Circuit ruled Monday, saying blocking the regulation would harm both domestic and foreign workers and inflict hardship on farm owners.

  • February 24, 2025

    1st Circ. Won't Revive Dr.'s Retaliation Claim Against Hospital

    A radiologist can't reinstate a whistleblower and discrimination lawsuit against a Boston hospital she says sidelined her after she reported concerns about a colleague dubbed "the Boston Butcher," the First Circuit has ordered.

  • February 24, 2025

    DoorDash To Pay $16.8M To End NY AG's Stolen Tip Claims

    DoorDash has agreed to shell out $16.75 million following an investigation that found it cheated about 63,000 food delivery workers out of their full tips in order to subsidize their pay, New York Attorney General Letitia James announced Monday.

  • February 24, 2025

    Feds Fight Reinstatement Of Ousted Inspectors General

    The Trump administration fired back at a lawsuit brought by eight inspectors general who were fired last month, telling a D.C. federal judge that federal law does not require the president to hold off on the terminations for 30 days after notifying Congress.

Expert Analysis

  • NYC Hotel Licensing Law's Costs May Outweigh Its Benefits

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    A hotel licensing bill recently approved by New York's City Council could lead to the loss of many nonunionized hotels that cannot afford to comply, says Stuart Saft at Holland & Knight.

  • E-Discovery Quarterly: Recent Rulings On Metadata

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    Several recent rulings reflect the competing considerations that arise when parties dispute the form of production for electronically stored information, underscoring that counsel must carefully consider how to produce and request reasonably usable data, say attorneys at Sidley.

  • 2nd Circ. Hostile Workplace Ruling Widens Arbitration Pitfalls

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    The Second Circuit’s recent decision, affirming the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act applies to a worker whose workplace hostility claims arose before the law’s 2022 enactment, widens the scope of the law — and the risks of unenforceable arbitration agreements for employers, say attorneys at Hinshaw.

  • Title VII Compliance Lessons From Raytheon Age Bias Suit

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    A Texas federal court’s recent refusal to dismiss age discrimination claims from a former Raytheon employee, terminated after he admitted to acts that Raytheon says violated its harassment policy, nonetheless illustrates strategies employers can use to protect themselves when facing competing Title VII workplace obligations, say attorneys at Segal McCambridge.

  • How The Presidential Election Will Affect Workplace AI Regs

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    The U.S. has so far adopted a light-handed approach to regulating artificial intelligence in the labor and employment area, but the presidential election is unlikely to have as dramatic of an effect on AI regulations as it may on other labor and employment matters, say attorneys at Littler.

  • Striking A Balance Between AI Use And Attorney Well-Being

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    As the legal industry increasingly adopts generative artificial intelligence tools to boost efficiency, leaders must note the hidden costs of increased productivity, and work to protect attorneys’ well-being while unlocking AI’s full potential, says Ed Sohn at Factor.

  • Empathy In Mediation Offers A Soft Landing For Disputes

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    Experiencing a crash-landing on a recent flight underscored to me how much difference empathy makes in times of crisis or stress, including during mediation, says Eydith Kaufman at Alternative Resolution Centers.

  • Series

    Being An Artist Makes Me A Better Lawyer

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    My work as an artist has highlighted how using creativity and precision together — qualities that are equally essential in both art and law — not only improves outcomes, but also leads to more innovative and thoughtful work, says Sarah La Pearl at Segal McCambridge.

  • Consider The Impact Of Election Stress On Potential Jurors

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    For at least the next few months, potential jurors may be working through anger and distrust stemming from the presidential election, and trial attorneys will need to assess whether those jurors are able to leave their political concerns at the door, says Ken Broda-Bahm at Persuasion Strategies.

  • How Judiciary Can Minimize AI Risks In Secondary Sources

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    Because courts’ standing orders on generative artificial intelligence and other safeguards do not address the risk of hallucinations in secondary source materials, the judiciary should consider enlisting legal publishers and database hosts to protect against AI-generated inaccuracies, say attorneys at Lankler Siffert & Wohl.

  • 3 Steps For Companies To Combat Task Scams

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    On the rise in the U.S., the task scam — when scammers offer a victim a fake work-from-home job — hurts impersonated businesses by tarnishing their name and brand, but companies have a few ways to fight back against these cons, says Chris Wlach at Huge.

  • Tips For Employers As Courts Shift On Paid Leave Bias Suits

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    After several federal courts recently cited the U.S. Supreme Court's Muldrow decision — which held that job transfers could be discriminatory — in ruling that paid administrative leave may also constitute an adverse employment action, employers should carefully consider several points before suspending workers, says Tucker Camp at Foley & Lardner.

  • 3rd. Circ. Ruling Shows Employers Where To Put ADA Focus

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    A recent Third Circuit decision in Morgan v. Allison Crane & Rigging, confirming that the Americans with Disabilities Act protects some temporarily impaired employees, reminds employers to pursue compliance through uniform policies that head off discriminatory decisions, not after-the-fact debates over an individual's disability status, says Joseph McGuire at Freeman Mathis.

  • A Look At Calif. Biz Code And The Fight Over Customer Lists

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    To ensure Uniform Trade Secret Act security, California staffing agencies and their attorneys should review Section 16607 of the state Business Code, which prohibits contracts that restrain employees from engaging in other lawful types of business, to understand the process for determining whether a customer list constitutes a trade secret, says Skye Daley at Buchalter.

  • How Attorneys Can Break Free From Career Enmeshment

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    Ambitious attorneys can sometimes experience career enmeshment — when your sense of self-worth becomes unhealthily tangled up in your legal vocation — but taking the time to discover and realign with your core personal values can help you recover your identity, says Janna Koretz at Azimuth Psychological.

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