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Employment
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February 20, 2025
Unions Demand Insight Into DOGE's Agency Audits
Worker and consumer advocates asked a D.C. federal judge Thursday to make the Department of Government Efficiency detail its probes into three federal agencies, arguing the information is needed to resolve their claims that the new entity's audits violate the public's privacy rights.
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February 20, 2025
State Department Narrows Eligibility For Visa Interview Waivers
The State Department reverted its criteria for obtaining a visa interview waiver to the agency's pre-COVID-19 standards, narrowing eligibility to applicants who are seeking to renew their nonimmigrant visa of the same classification within 12 months of its expiration.
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February 20, 2025
Former Sports Nonprofit Employees Seek Docs In RICO Suit
Two former employees of the United States Specialty Sports Association who are suing the sports nonprofit for allegedly running an illegal sports gambling operation have asked a Florida federal judge to force the organization to hand over key documents regarding the misuse of funds and the firing of whistleblowers.
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February 20, 2025
HHS Rescinds Guidance On Gender-Affirming Care For Minors
The U.S. Department of Health and Human Services on Thursday rescinded guidance for health plans and insurers on complying with the Affordable Care Act's nondiscrimination provisions with regard to gender-affirming care for minors, which President Donald Trump called on the agency to do in a January executive order.
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February 20, 2025
Battery Co. Denied 3rd Circ. Redo In $22M Wage Suit
The Third Circuit won't reconsider a decision backing a $22 million verdict for Pennsylvania battery manufacturer workers in a suit over time spent changing in and out of protective gear before and after shifts, according to a Thursday order.
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February 20, 2025
2nd Circ. Agrees Parts Of NY Ag Labor Law Can Stand
Portions of a New York agricultural labor law related to a card-check process for unionization and impasse arbitration can stand, the Second Circuit ruled, upholding a lower court's partial denial of an injunction bid from a farming group based on due process and other constitutional claims.
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February 20, 2025
Tenn. Player Says NCAA Waiver Denial Ends College Career
A college baseball player said he is being "irreparably harmed" by a Tennessee federal judge's decision denying his early request to override NCAA eligibility rules so he can play for the University of Tennessee for the Spring 2025 season, arguing that if the ruling is not reversed, his "collegiate baseball career will be over."
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February 20, 2025
Conn. Atty Seeks New Injunction Against Ex-Law Partner
Connecticut attorney Ryan McKeen is causing irreparable harm to the windup of his former law firm and should be barred from any further involvement like communicating with vendors, contractors and accountants, his onetime 50-50 partner told a state court judge in seeking a temporary injunction.
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February 20, 2025
Conn. Justices Advance Veteran's Disability Case Against City
The Connecticut Supreme Court on Thursday advanced a military veteran's stress-related employment accommodation case against the city of Stamford, saying the city could not immediately challenge a hearing referee's decision to allow a new claim during an early-stage workplace discrimination proceeding.
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February 20, 2025
Seton Hall Claims Ex-President Leaked Info On Successor
Seton Hall University has sued its former president in New Jersey state court, claiming he leaked a confidential internal document that found his successor had failed to report allegations of sexual abuse when he headed a Catholic seminary.
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February 20, 2025
NJ Law Firm, Ex-COO Settle Sexual Harassment, Bias Suit
Major New Jersey personal injury firm Garces Grabler & LeBrocq PC has settled a lawsuit with its former chief operating officer, who accused it and attorneys there of sexually harassing her and unfairly burdening her with work that was beneath her position.
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February 20, 2025
Salon Can't Deduct Product Costs From Pay, Colo. Panel Says
A Colorado Court of Appeals panel on Thursday found a Denver hair salon's agreement with a cosmetologist deducting the cost of hair care products from her pay was improper, finding those expenses were part of the salon's cost of doing business and can't be shifted to employees.
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February 20, 2025
Bally's And Casino Game Dealers Settle Wage, Tip Suit
Table game dealers at Bally's Corp. and its Delaware casino have reached a settlement with the company to end their suit alleging that their pay was improperly calculated based on tipped worker rates for both regular and overtime pay, according to a Delaware federal court filing.
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February 20, 2025
Pot Co. Exec Says He Was Fired For Reporting Antisemitism
A Jewish former executive for Verano Holdings Corp. and Verano Arizona Inc. is suing the companies in federal court, alleging he was discriminated against and fired for reporting antisemitism and "flippant comments about Adolf Hitler and the Holocaust."
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February 20, 2025
2nd Circ. Backs Ex-NBA Ref's $2.9M Win In Vax Pension Row
The Second Circuit on Thursday backed a trial court's ruling that the NBA owed a referee $2.9 million in pension benefits after he was fired for refusing the COVID-19 vaccine, ruling the plan requires payment even if he could be reinstated.
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February 20, 2025
Ex-Spanish Soccer Chief Guilty, Fined For Sexual Assault
A Spanish judge on Thursday found former Spanish football president Luis Rubiales guilty of sexually assaulting national team midfielder Jenni Hermoso, coloring the forcible kiss he gave to Hermoso after the team's 2023 World Cup victory a "reprehensible act."
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February 20, 2025
8th Circ. Revives States' Challenge To EEOC Pregnancy Regs
The Eighth Circuit ruled Thursday that a group of 17 red states have the right to sue the U.S. Equal Employment Opportunity Commission over its finalized Pregnant Workers Fairness Act rule, reviving their challenge to abortion-related components of the regulations.
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February 19, 2025
Ex-Perella Weinberg Partner Denies Plot To Split Firm
A former Perella Weinberg partner on Wednesday testified that he had no plans to break off and start his own restructuring advisory shop before the investment banking firm fired him for purportedly violating his nonsolicitation provisions of his partnership agreements.
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February 19, 2025
Trump Is Defying Order To Unfreeze Foreign Aid, Groups Say
The Trump administration is "brazenly" defying an order to restore foreign assistance funding, a pair of aid organizations told a Washington, D.C., federal judge Wednesday, asking the court to enforce its temporary restraining order and to sanction the government officials until they comply.
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February 19, 2025
Blake Lively Says Other Actresses Will Testify Against Baldoni
Blake Lively has bulked up her sexual harassment and retaliation lawsuit over the movie "It End With Us," saying two other female cast members were also uncomfortable with Justin Baldoni's behavior on set and are prepared to testify in the messy legal fight.
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February 19, 2025
Judge Probes Vagueness In Suit Over Trump's Anti-DEI Orders
A Baltimore federal judge on Wednesday pressed a U.S. Department of Justice attorney to spell out what would constitute so-called illegal DEI under Trump administration executive orders that aim to root out diversity, equity and inclusion programs in the public and private sectors.
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February 19, 2025
Civil Rights Groups Move To Block Trump DEI, Gender Orders
Three civil rights organizations told a D.C. federal court in a lawsuit Wednesday against President Donald Trump and numerous federal agencies that three of the White House's recent executive orders discriminated against individuals with HIV as well as Black and transgender people.
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February 19, 2025
Judge Criticizes Gov't For Fighting $7K Navy Back Pay Claim
A Court of Federal Claims judge has remanded a former U.S. Navy seaman's back pay dispute after admonishing the government for fighting against the "relatively small" $7,000 claim despite the Navy having effectively admitted it was wrong.
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February 19, 2025
Amazon Drivers Deny Discovery Lapses In Yearslong Pay Suit
Ten former Amazon Flex delivery drivers are pushing back against the e-commerce giant's bid to disqualify them as plaintiffs in an eight-year-old collective wage action, contending they have "gone above and beyond" in their efforts to comply with the company's document demands.
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February 19, 2025
Farmworker Advocates Seek Block On DOL Visa Approvals
A farmworker union called on a Washington federal court to stop the U.S. Department of Labor from approving H-2A job orders that do not pay prevailing wages, arguing the practice depresses domestic wages.
Expert Analysis
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Series
Playing Diplomacy Makes Us Better Lawyers
Similar to the practice of law, the rules of Diplomacy — a strategic board game set in pre-World War I Europe — are neither concise nor without ambiguity, and weekly gameplay with our colleagues has revealed the game's practical applications to our work as attorneys, say Jason Osborn and Ben Bevilacqua at Winston & Strawn.
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5th Circ. Shows Admin Rules Can Survive Court Post-Chevron
The Fifth Circuit's textual analysis of the Fair Labor Standards Act, contributing to its recent affirming of the U.S. Department of Labor’s authority to set an overtime exemption salary threshold, suggests administrative laws can survive post-Chevron challenges, say Jessi Thaller-Moran and Erin Barker at Brooks Pierce.
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Politics In California Workplaces: What Employers Must Know
As the election looms, it is critical that California employers ensure their compliance with state laws providing robust protections for employees' political activity — including antidiscrimination laws, off-duty conduct laws, employee voting leave laws and more, say Bradford Kelley and Britney Torres at Littler.
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Conn. Court Split May Lead To Vertical Forum Shopping
As shown by a recent ruling in State v. Exxon Mobil, Connecticut state and federal courts are split on personal jurisdiction, and until the Connecticut Supreme Court steps in, parties may be incentivized to forum shop, causing foreign entities to endure costly litigation and uncertain liability, says Matthew Gibbons at Shipman & Goodwin.
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Mental Health First Aid: A Brief Primer For Attorneys
Amid a growing body of research finding that attorneys face higher rates of mental illness than the general population, firms should consider setting up mental health first aid training programs to help lawyers assess mental health challenges in their colleagues and intervene with compassion, say psychologists Shawn Healy and Tracey Meyers.
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Licensing And Protections For Voice Actors In The Age Of AI
While two recently enacted California laws and other recent state and federal legislation largely focus on protecting actors and musicians from the unauthorized use of their digital likenesses by generative artificial intelligence systems, the lesser-known community of professional voice actors also stands to benefit, says attorney Scott Mortman.
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How The Tide Of EEOC Litigation Rolled Back In FY 2024
An analysis of the location, timing and underlying claims asserted in U.S. Equal Employment Opportunity Commission-initiated cases during fiscal year 2024 shows that the commission saw a substantial decrease in litigation activity after a surge last year, but employers should not drop their guard, say Christopher DeGroff and Andrew Scroggins at Seyfarth.
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Series
Collecting Art Makes Me A Better Lawyer
The therapeutic aspects of appreciating and collecting art improve my legal practice by enhancing my observation skills, empathy, creativity and cultural awareness, says attorney Michael McCready.
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Using Primacy And Recency Effects In Opening Statements
By understanding and strategically employing the primacy and recency effects in opening statements, attorneys can significantly enhance their persuasive impact, ensuring that their narrative is both compelling and memorable from the outset, says Bill Kanasky at Courtroom Sciences.
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Secret Service Failures Offer Lessons For Private Sector GCs
The Secret Service’s problematic response to two assassination attempts against former President Donald Trump this summer provides a crash course for general counsel on how not to handle crisis communications, says Keith Nahigian at Nahigian Strategies.
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A Primer On Navigating The Conrad 30 Immigration Program
As the Conrad 30 program opens its annual window to help place immigrant physicians in medically underserved areas, employers and physicians engaged in the process must carefully understand the program's nuanced requirements, say Andrew Desposito and Greg Berk at Sheppard Mullin.
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How Cos. Can Protect Supply Chains During The Port Strike
With dock workers at ports along the East and Gulf Coasts launching a strike that will likely cause severe supply chain disruptions, there are several steps exporters and importers can take to protect their businesses and mitigate increased costs, say attorneys at Thompson Hine.
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Litigation Inspiration: Honoring Your Learned Profession
About 30,000 people who took the bar exam in July will learn they passed this fall, marking a fitting time for all attorneys to remember that they are members in a specialty club of learned professionals — and the more they can keep this in mind, the more benefits they will see, says Bennett Rawicki at Hilgers Graben.
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4 Ways To Prepare For DOD Cyber Certification Rule
Given the U.S. Department of Justice's increased scrutiny of contractor compliance with cybersecurity requirements, it is critical that contractors take certain steps now in response to the U.S. Department of Defense's proposed Cybersecurity Maturity Model Certification implementation rule, say Townsend Bourne and Lillia Damalouji at Sheppard Mullin.
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Opinion
AI May Limit Key Learning Opportunities For Young Attorneys
The thing that’s so powerful about artificial intelligence is also what’s most scary about it — its ability to detect patterns may curtail young attorneys’ chance to practice the lower-level work of managing cases, preventing them from ever honing the pattern recognition skills that undergird creative lawyering, says Sarah Murray at Trialcraft.