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Employment
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February 27, 2025
DOL Watchdog Asks To Ensure Wages Are In H-2A Certs
The office in charge of reviewing H-2A applications for foreign workers should boost its procedures to make sure the requests have the correct prevailing wage rates, the U.S. Department of Labor's agency watchdog said in an audit report publicly released Thursday.
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February 27, 2025
Alsup Halts 'Illegal' Firings Of Probationary Federal Workers
U.S. District Judge William Alsup on Thursday temporarily blocked the mass firings of probationary federal employees ordered by President Donald Trump's administration, determining that the Office of Personnel Management illegally directed government agencies to terminate the probationary employees without authority to do so from Congress.
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February 27, 2025
Yet Another NCAA Antitrust Domino Looks To Be Teetering
The NCAA's misadventures in federal antitrust law have prompted sweeping changes to the college sports landscape in recent years, with more potentially on the horizon as the organization wrestles over its eligibility rules for athletes transferring from junior colleges.
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February 27, 2025
NLRB Tells 6th Circ. Constitution Args Can't Block Board Case
The National Labor Relations Board has asked the Sixth Circuit to deny an auto parts manufacturer's bid to pause an NLRB case on constitutional grounds, saying the company hasn't shown it would suffer the type of harm that justifies an injunction if the case moves forward.
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February 27, 2025
Concrete Co. Admits Safety Gaffe Linked To Worker's Death
A Delaware-based construction industry supplier with operations in Ohio has pled guilty to willfully violating federal workplace safety regulations in connection with the 2020 death of an employee, the U.S. Attorney's Office for the Southern District of Ohio announced.
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February 27, 2025
Ex-Worker Says Manufacturer Fails To Pay For Off-Clock Work
A pharmaceutical manufacturing company requires hourly employees to perform tasks before and after their shifts but fails to compensate them for this extra time, a proposed class and collective action filed in Washington federal court said.
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February 27, 2025
Yellow Corp. Beats Teamsters In WARN Act Row
A Delaware bankruptcy judge has ruled that trucking company Yellow Corp. is not liable for its failure to provide 60 days notice of layoffs to 22,000 union workers who lost their jobs as the company descended into Chapter 11, finding that Yellow was a "liquidating fiduciary" at the time and intended to comply with the WARN Act.
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February 27, 2025
EU Prepared To Retaliate Against US Over Tariffs, Officials Say
European Union officials said Thursday that the bloc is prepared to retaliate against the U.S. if President Donald Trump follows through with tariffs on over $600 billion of goods, a situation that two law professors said risks becoming a trade war more than past disputes.
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February 27, 2025
Goldstein Urges Judge To Lift Device Monitoring Requirement
U.S. Supreme Court advocate and SCOTUSblog publisher Tom Goldstein asked a Maryland federal judge Thursday to nix a condition of his pretrial release that requires him to have monitoring equipment installed on his electronic devices.
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February 27, 2025
Paralegal Accuses Morris Manning Of Race, Disability Bias
A former paralegal in the Atlanta office of Morris Manning & Martin LLP hit her old firm with a lawsuit this week alleging that the firm fired her last year to avoid having to pay her while she was out on extended medical leave.
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February 27, 2025
Conn. Firm Windup Fight Belongs In Arbitration, Court Told
Connecticut attorney Ryan McKeen asked a judge Thursday to pause a derivative lawsuit his onetime 50-50 law partner Andrew Garza brought against him over the dissolution and windup of their firm, arguing that the claims should be heard in arbitration proceedings that were already cleared in a related suit.
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February 27, 2025
Ga. Plant Denies Alleged Atty Bribe, Claims Letter Was Fake
The finance director of a now-shuttered Georgia manufacturing plant did not pen a letter offering to bribe counsel representing a brother and sister in a federal discrimination lawsuit, according to a Thursday response to a sanctions bid that points the finger for the allegedly fraudulent missive at unidentified disgruntled former employees.
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February 27, 2025
DOL Pick Faces Scrutiny About DOGE From Senate Dems
President Donald Trump's nominee for deputy labor secretary faced intense questioning about "the sheer incompetence" of the administration's actions in what otherwise might have been expected to be a less controversial U.S. Senate confirmation hearing Thursday.
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February 27, 2025
Whistleblowers Fired By Paxton Propose $6.75M Settlement
Four of Texas Attorney General Ken Paxton's former top deputies-turned-whistleblowers are asking for more than $6.75 million from his office to settle claims they were unlawfully fired for reporting Paxton's possible abuses of office to the FBI in 2020.
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February 27, 2025
5th Circ. Backs Texas Medical Center's Race Bias Suit Win
The Fifth Circuit refused to revive a Black researcher's suit claiming a University of Texas medical center fired him because he complained that a supervisor made offensive comments and impeded his work, finding he'd failed to identify a non-Black employee who was treated better.
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February 27, 2025
Carolinas Law Firm Hit With Suit Over 2024 Data Breach
Riley Pope & Laney LLC, a law firm with offices in North and South Carolina, was hit with a proposed class action in South Carolina federal court alleging that consumers' personally identifiable information was exposed in a 2024 data breach.
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February 27, 2025
Relator Fights Discovery Ruling In FCA Suit Against AECOM
A whistleblower accusing AECOM of falsely billing the U.S. Army on a $1.9 billion contract urged a New York federal judge to rethink a decision to deny discovery requests, arguing the company improperly withheld information it's now asserting in a summary judgment bid.
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February 27, 2025
Farmworker Union Sues Over Calif. Border Patrol Raid
A farmworker union and Kern County, California, residents accused U.S. Border Patrol agents of carrying out an unlawful, nearly weeklong immigration enforcement sweep to arrest people of color who appeared to be farmworkers regardless of their immigration status.
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February 27, 2025
Calif. Panel Won't Send Class Wage Suit To Arbitration
A California appeals court refused to overturn an order declining to send to arbitration a sanitation worker's wage and hour suit against his former employer, saying his Private Attorneys General Act claims were brought only on behalf of a class and therefore the case can stay in court.
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February 27, 2025
Former Seyfarth Partner To Chair DOL's Review Board
The U.S. Department of Labor tapped a former Seyfarth Shaw LLP partner with more than 25 years of experience on employment and immigration law to be chair of the Administrative Review Board.
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February 27, 2025
Judge Gives CIA Green Light To Fire Intelligence Officers
A Virginia federal judge knocked down a request Thursday from a group of CIA officers for a temporary restraining order that would have blocked their firings, following President Donald Trump's executive order directing federal agencies to terminate diversity, equity and inclusion officers.
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February 27, 2025
US Senate Panel Advances Trump's Labor Secretary Pick
A U.S. Senate committee voted Thursday to move forward the nomination of former Rep. Lori Chavez-DeRemer to lead the U.S. Department of Labor.
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February 26, 2025
High Court Halts Trump's Wed. Night Deadline To Restore Aid
The U.S. Supreme Court late Wednesday paused a Washington, D.C., federal judge's late-night deadline ordering the Trump administration to restore nearly $2 billion in foreign assistance funding.
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February 26, 2025
DOJ Drops Suits Over Police, Firefighter Discriminatory Hiring
The U.S. Department of Justice said Wednesday it was dropping lawsuits across the country over allegedly discriminatory practices for hiring police officers and firefighters, saying the litigation "unjustly targeted fire and police departments for using standard aptitude tests."
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February 26, 2025
Trump Orders Fed Agencies To Plan For Large Layoffs
The White House is telling federal agencies to submit plans for "large-scale" layoffs by mid-March, accusing them of siphoning funding for "unproductive and unnecessary programs" and "not producing results for the American public."
Expert Analysis
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What Higher Education Can Expect From A 2nd Trump Admin
The election of Donald Trump for a second presidential term has far-reaching ramifications for colleges and universities — come January, institutions can expect a crackdown on DEI, increased scrutiny of campus protests, a rollback of the Biden administration's Title IX rules and more, say attorneys at Jenner & Block.
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AI Monitoring And FCRA: Employer Compliance Essentials
As the Consumer Financial Protection Bureau and the Federal Trade Commission signal determination to treat AI-based workplace surveillance as a potential Fair Credit Reporting Act issue, employers must commit to educating HR and compliance staff on these quickly evolving regulatory expectations, say attorneys at Sheppard Mullin.
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Series
Circus Arts Make Me A Better Lawyer
Performing circus arts has strengthened my ability to be more thoughtful, confident and grounded, all of which has enhanced my legal practice and allowed me to serve clients in a more meaningful way, says Bailey McGowan at Stinson.
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Opinion
Weak Reasoning Underlies Fla. Judge's Bold Qui Tam Ruling
U.S. District Judge Kathryn Mizelle's groundbreaking decision in U.S. ex rel. Zafirov v. Florida Medical Associates LLC, holding that qui tam provisions of the False Claims Act are unconstitutional, relies on weak logic to reach a conclusion that differs from every other court that has ruled on the issue, says Ethan Greenberg at Anderson Kill.
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FTC Focus: Zeroing In On Post-Election Labor Markets
The presidential election and the push-and-pull of the administrative state's reach are likely to affect the Federal Trade Commission's focus on labor markets, including the tenor of noncompete rule enforcement, say attorneys at Proskauer.
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3 Ways To Train Junior Lawyers In 30 Minutes Or Less
Today’s junior lawyers are experiencing a skills gap due to pandemic-era disruptions, but firms can help bring them up to speed by offering high-impact skill building content in bite-sized, interactive training sessions, say Stacey Schwartz at Katten, Diane Costigan at Winston & Strawn and Lauren Tierney at Freshfields.
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Advising Employers As AI Meets DEI And Discrimination
Excerpt from Practical Guidance
Though companies can use artificial intelligence tools to develop more diverse and inclusive workforces, counsel should also prepare employers for how AI can stymie these efforts, provoke discrimination claims and complicate resulting litigation, says Emily Schifter at Troutman Pepper.
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8 Tech Tips For Stress-Free Remote Depositions
Court reporter Kelly D’Amico shares practical strategies for attorneys to conduct remote depositions with ease and troubleshoot any issues that arise, as it seems deposition-by-Zoom is here to stay after the pandemic.
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Timing Of An NLRB Power Shift Hinges On Biden Nominees
President-elect Donald Trump seems certain to shake up the National Labor Relations Board's prounion Democrat majority, but the incoming president's timing depends on whether the current Senate confirms two pending nominees to board positions, say attorneys at Fox Rothschild.
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Opinion
The Right Kind Of Deregulation In Commercial Airline Industry
Similar to the economic deregulation that occurred more than four decades ago during the Carter administration, the incoming Trump administration should restore the very limited federal regulatory role in the economics of the airline industry, says former U.S. transportation secretary James Burnley at Venable.
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5 Tips For Complying With NLRB Captive Audience Ban
The National Labor Relations Board’s recently ruled that so-called captive audience meetings violate federal labor law, representing a radical shift in precedent and creating new standards for employers to follow when holding workplace meetings where union representation will be discussed, say attorneys at Fisher Phillips.
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4 Ways Attorneys Can Emotionally Prepare For Trial
In the course of litigation, trial lawyers face a number of scenarios that can incite an emotional response, but formulating a mental game plan in advance of trial can help attorneys stay cool, calm and collected in the moment, says Rachel Lary at Lightfoot Franklin.
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The Bar Needs More Clarity On The Discovery Objection Rule
Almost 10 years after Federal Rule of Civil Procedure 34 was amended, attorneys still seem confused about what they should include in objections to discovery requests, and until the rules committee provides additional clarity, practitioners must beware the steep costs of noncompliance, says Tristan Ellis at Shanies Law Office.
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Key Plaintiff Litigation Strategies For Silicosis Lawsuits
A California stone worker's recent $52 million jury award highlights the growing silicosis crisis among employees in the stone fabrication industry — and points to the importance of a strategic approach to litigating silicosis cases against employers and manufacturers, says David Matthews at Matthews & Associates.
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Presidential Campaign Errors Provide Lessons For Trial Attys
Vice President Kamala Harris’ presidential campaign employed numerous strategies that evidently didn’t land, and trial attorneys should take note, because voters and jurors are both decision-makers who are listening for how one’s case presentation would affect them personally, says Reuben Guttman at Guttman Buschner.