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Employment
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March 05, 2025
Parameters Set For Final NIL Deal Approval Hearing
The California federal judge overseeing the massive $2.78 billion name, image and likeness settlement between the National Collegiate Athletic Association and former and current student-athletes has released guidelines for the deal's final approval hearing in April.
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March 05, 2025
Jay-Z, Buzbee Dispute Threats, Confession In Rape Case
The monthslong legal feud between Shawn "Jay-Z" Carter and prominent plaintiffs attorney Tony Buzbee has reached a new pitch, as Carter claims to have evidence proving he did not rape a 13-year-old alongside disgraced rapper Sean "Diddy" Combs, while Buzbee claims Carter is trying to menace the victim into silence.
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March 05, 2025
DC Judge Skeptical Of Trump's Power To Oust NLRB Member
A Washington, D.C., federal judge hearing a former National Labor Relations Board member's challenge to her January removal appeared Wednesday to buy the fired official's side of a closely watched debate over the vitality of foundational U.S. Supreme Court law on the president's power over independent agencies.
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March 05, 2025
University Of California Facing Fed Probe Into Antisemitism
The U.S. Department of Justice announced Wednesday the government has opened a civil investigation into whether the University of California has fostered antisemitism on its campuses following President Donald Trump's January executive order prioritizing federal probes into alleged antisemitic harassment on school grounds.
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March 05, 2025
EEOC Can't Skip Out On Trans Bias Case Just Yet
The U.S. Equal Employment Opportunity Commission can't yet have a bias case it filed on behalf of a transgender pizza shop worker dismissed, an Illinois federal judge said Wednesday, emphasizing that she wants to ensure any dismissal happens under "just and proper" terms.
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March 05, 2025
SuperValu Wins FCA Case That Went To High Court
An Illinois federal jury cleared SuperValu of liability Tuesday on whistleblower claims that it billed the government higher-than-customary prices for millions of prescriptions, marking the end to an important test of a 2023 U.S. Supreme Court ruling reviving the case.
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March 05, 2025
New Jersey AG Office Must Face Whistleblower Suit
A New Jersey state judge on Wednesday largely rejected a bid from the New Jersey Attorney General's Office to escape a lawsuit accusing the Warren County prosecutor's office of retaliating against two detectives for their part in uncovering an alleged fraud scheme.
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March 05, 2025
Former EEOC Chair Yang Joins Outten & Golden In DC
A former U.S. Equal Employment Opportunity Commission chair has joined Outten & Golden LLP in Washington, D.C., bringing almost three decades of experience to the firm at a time when she sees an "urgent need" for private counsel to step up on behalf of workers.
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March 05, 2025
Globetrotters, Ex-Player Agree To End Sex Harassment Suit
The Harlem Globetrotters agreed to resolve a former basketball player's suit claiming she was sexually harassed by the team's general manager, who declined to renew her contract after she rejected his romantic advances, according to a filing Wednesday in Georgia federal court.
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March 05, 2025
Ally Financial, Veteran End Race And Disability Bias Suit
Ally Financial Inc. and a Black veteran who said she was fired for taking time off to address mental health issues have struck a deal to resolve her race and disability bias suit, according to a Texas federal court filing.
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March 05, 2025
Combs Prosecutors Deny 'Outrageous' Race Bias Claim
Prosecutors told a Manhattan federal judge that hip-hop mogul Sean "Diddy" Combs' claims that no white defendant has ever faced a similar case in an effort to dismiss one of the criminal counts against him were "outrageous" and "illogical," and conveniently ignored the allegations of a yearslong pattern of violence and sexual coercion.
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March 05, 2025
Littler, Tech Co. Fired Executive In Retaliation, Court Told
A tech executive accused her former employer and law firm Littler Mendelson of working together to fire her after she reported the company CEO's spending habits and what she said was his animus against employees with children, according to her suit filed in New York federal court.
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March 05, 2025
Law Firm Beats Malpractice Suit From Ex-Fla. School Official
A Florida state appeals panel refused to revive a onetime school district superintendent's complaint against the district's former counsel from a Florida law firm, alleging the firm improperly used confidential information she provided as part of a report that found she committed misconduct.
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March 05, 2025
Fighters' Attys Get $115M In Fees For UFC Settlement Work
A Nevada federal judge has awarded more than $115 million to the attorneys who struck a $375 million settlement with the UFC on behalf of more than 1,100 fighters alleging vast wage suppression, nodding to the considerable effort involved in litigating the decade-long case.
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March 05, 2025
High Court Allows Release Of Frozen USAID Foreign Aid
The U.S. Supreme Court on Wednesday ruled that a D.C. federal judge can require the Trump administration to release up to $2 billion in frozen foreign aid funding, but told the judge he must clarify the scope of the government's responsibility and ensure it has enough time to comply with any deadline.
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March 04, 2025
Agencies Have 'Ultimate' Authority Over Firings, OPM Says
The Office of Personnel Management on Tuesday issued a revised version of its January memo directing agency heads to identify all probationary employees, adding a disclaimer that OPM "is not directing agencies to take any specific performance-based actions" and that agencies "have ultimate decision-making authority."
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March 04, 2025
Vail To Blame For Woman's Ski Resort Fall, Seattle Jury Told
A mother who fell 20 feet at a Washington ski resort told a Seattle federal jury Tuesday that the Vail Corp. caused her injuries by failing to address a clear hazard on the mountain and relying on untrained alpine club parents to run chairlifts amid a 2022 staffing shortage.
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March 04, 2025
Dems Demand Halt To Trump Admin's Tribal Program Cuts
More than 100 Democratic lawmakers have urged the Trump administration to halt any executive orders that hurt programs and services in Indian Country, saying in a letter to the White House that the U.S. government must honor its trust and treaty obligations to tribes.
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March 04, 2025
Mariano's Managers Fight Bid To Decertify Class In OT Row
Current and former supermarket meat, bakery and deli managers who say Kroger subsidiary Mariano's falsely claimed they were exempt from overtime pay hit back on Monday over a bid to decertify their conditional collective of workers, saying the grocery chain repeatedly misrepresents an "extensive and unambiguous record" showing all managers are similarly situated.
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March 04, 2025
House Aviation Panel Weighs Air Traffic Control Fixes
Aviation workers' unions and industry stakeholders told lawmakers on Tuesday that years of political inertia and more recent tumult related to the federal workforce firings are impacting efforts to hire more air traffic controllers and overhaul the nation's outdated and overburdened ATC system.
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March 04, 2025
Baseball Player Strikes Out On Bid For NCAA Early Waiver
A Tennessee federal judge will not grant a Division I baseball player another year of eligibility, ruling on Monday that the student-athlete failed to show how the NCAA's rules violate antitrust laws while acknowledging that the organization's actions are "questionable at best and self-interested at worst."
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March 04, 2025
FEMA's Ex-CFO Sues Over Firing Tied To Migrant Housing
The Federal Emergency Management Agency's former chief financial officer alleged Tuesday in D.C. federal court that the agency unlawfully fired her, citing a U.S. Department of Homeland Security press release she said falsely and deliberately suggested that she engaged in criminal actions.
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March 04, 2025
Staffing Co. Got 'Honest Pay' For Dynata Work, Jury Hears
In a tense exchange, an executive for a staffing company told a Dallas jury that market research company Dynata LLC had wrongly withheld $8 million after an attorney representing Dynata said the staffing company had already gotten "honest pay" for "honest work."
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March 04, 2025
9th Circ. Questions UPS' Teamster Election Challenge
A Ninth Circuit panel appeared skeptical Tuesday of UPS' argument that Teamsters representatives tainted a union representation election by chatting with workers in a warehouse parking lot while a union vote went on inside.
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March 04, 2025
DC Judge Blocks Trump Admin From Removing MSPB Chair
President Donald Trump illegally attempted to fire the Merit Systems Protection Board chair without cause, a D.C. federal judge ruled Tuesday, repudiating the administration's arguments that removal protections for board members violate the U.S. Constitution.
Expert Analysis
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The Future Of ALJs At NLRB And DOL Post-Jarkesy
In the wake of the U.S. Supreme Court’s 2024 Jarkesy ruling, several ongoing challenges to the constitutionality of the U.S. Department of Labor's and the National Labor Relations Board's administrative law judges have the potential to significantly shape the future of administrative tribunals, say attorneys at Wiley Rein.
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Preparing For A Possible End To The Subminimum Wage
The U.S. Department of Labor's proposed rule to end the subminimum wage for employees with disabilities may significantly affect the community-based rehabilitation and training programs that employ these workers, so certified programs should be especially vigilant about compliance during this period of evaluation and scrutiny, say attorneys at Jackson Lewis.
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Engaging With Feds On Threats To Executives, Employees
In an increasingly polarized environment, where companies face serious concerns about how to protect executives and employees, counsel should consider working with federal law enforcement soon after the discovery of threats or harassment, says Jordan Estes at Gibson Dunn.
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Imagine The Possibilities Of Openly Autistic Lawyering
Andi Mazingo at Lumen Law, who was diagnosed with autism about midway through her career, discusses how the legal profession can create inclusive workplaces that empower openly autistic lawyers and enhance innovation, and how neurodivergent attorneys can navigate the challenges and opportunities that come with disclosing one’s diagnosis.
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A Halftime Analysis Of DOJ's Compensation Pilot Program
The U.S. Department of Justice appears to consider the first half of its three-year pilot program on compensation incentives and clawbacks to be proceeding successfully, so companies should expect prosecutors to emphasize the program and other compliance-related considerations early in investigations, say attorneys at Debevoise.
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What To Expect From Trump's Deputy Labor Secretary Pick
President Donald Trump's nominee for deputy secretary of the U.S. Department of Labor, Keith Sonderling, has a track record of prioritizing clear guidance on both traditional and cutting-edge issues, which can provide insight into what employers can expect from his leadership, say attorneys at Littler.
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A Look At Order Ending Federal Contractor Affirmative Action
To comply with President Donald Trump's executive order revoking affirmative action requirements in the next 90 days, federal contractors should focus on identification of protected groups, responsibilities of "diversity officer" positions and annual compliance reviews, says Jeremy Burkhart at Holland & Knight.
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Parsing 3rd Circ. Ruling On Cannabis, Employee Private Suits
The Third Circuit recently upheld a decision that individuals don't have a private right of action for alleged violations of New Jersey's Cannabis Regulatory, Enforcement Assistance and Marketplace Modernization Act, but employers should stay informed as the court encouraged the state Legislature to amend the law, say attorneys at Mandelbaum Barrett.
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Opinion
Courts Should Nix Conferencing Rule In 1 Discovery Scenario
Parties are generally required to meet and confer to resolve a discovery dispute before bringing a related motion, but courts should dispense with this conferencing requirement when a party fails to specify a time by which it will complete its production, says Tristan Ellis at Shanies Law.
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Series
Documentary Filmmaking Makes Me A Better Lawyer
Becoming a documentary filmmaker has allowed me to merge my legal expertise with my passion for storytelling, and has helped me to hone negotiation, critical thinking and problem-solving skills that are important to both endeavors, says Robert Darwell at Sheppard Mullin.
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Litigation Funding Disclosure Debate: Strategy Considerations
In the ongoing debate over whether courts should require disclosure of litigation funding, funders and plaintiffs tend to argue against such mandates, but voluntarily disclosing limited details about a funding arrangement can actually confer certain benefits to plaintiffs in some scenarios, say Andrew Stulce and Marc Cavan at Longford Capital.
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Discretionary Compensation Lessons From 7th Circ. Ruling
The Seventh Circuit’s recent ruling in Das v. Tata established that contract disclaimers don't automatically bar claims under the Illinois Wage Payment and Collection Act, underscoring the limits of compensation systems that purport to grant employers unilateral discretion, say attorneys at Schoenberg Finkel.
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What's Next After Justices Clarify FLSA Evidence Standard
The U.S. Supreme Court's recent decision in EMD Sales v. Carrera makes it easier to claim employees are exempt from the Fair Labor Standards Act’s minimum wage and overtime requirements, and eliminates inconsistency and unpredictability for employers operating in multiple jurisdictions, say attorneys at Bracewell.
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The Implications Of E-Cigarette Cos. Taking Suits To 5th Circ.
The U.S. Supreme Court recently heard oral arguments in U.S. Food and Drug Administration v. R.J. Reynolds over the definition of an "adversely affected" person under the Tobacco Control Act, and the justices' ruling will have important and potentially wide-ranging implications for forum shopping claims, says Trillium Chang at Zuckerman Spaeder.
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Series
Adventure Photography Makes Me A Better Lawyer
Photographing nature everywhere from Siberia to Cuba and Iceland to Rwanda provides me with a constant reminder to refresh, refocus and rethink the legal issues that my clients face, says Richard Birmingham at Davis Wright.