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Employment
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March 24, 2025
Ill. Law Firm Accused Of Suing Wrong Co., Lying About Error
A doctor who sought to pursue an employment discrimination claim against former employer Humana Inc. claims in an Illinois state court lawsuit that the law firm he hired to handle his case filed claims against Cigna instead, forged his signature and didn't fix its attorneys' errors before the statute of limitations ran out.
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March 24, 2025
Judge Blocks Texas A&M's Drag Show Ban, Cites First Amendment
A federal judge in Houston on Monday blocked a Texas A&M University System policy banning drag performances on its campuses, writing that a student group's drag performance is a form of theater that could proceed this week as planned.
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March 24, 2025
Trump Taps Morgan Lewis Atty To Lead OFCCP
The Trump administration has selected a former Morgan Lewis & Bockius LLP attorney to lead the Office of Federal Contract Compliance Programs, with the lawyer promising Monday to uphold the president's mandate of stripping the agency's legal authority to investigate bias complaints against federal contractors.
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March 24, 2025
Ga. Clinic Hit With Retaliation, Confidentiality Allegations
A former employee of a Georgia sexual assault survivors' clinic filed a whistleblower lawsuit against the organization Friday claiming that she was forced out of her position after refusing to help cover up allegations that the clinic was violating victim confidentiality laws.
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March 24, 2025
Technicolor Hit With WARN Act Suit Over Calif. Site Closure
Technicolor Creative Services USA illegally fired more than 200 employees without adequate notice as required under the law when it closed its facility in Los Angeles County last month, according to a proposed class action filed in California federal court Friday.
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March 24, 2025
Ga. Law Firm Accuses Recruiting Agency Of Contract Breach
Atlanta law firm Mozley Finlayson & Loggins LLP is accusing recruiting company Frederick Fox LLC of breach of contract after it refused to pay back a more than $36,000 placement fee when its candidate quickly left his role.
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March 24, 2025
Schools, Unions Sue To Block Education Dept. Shutdown
Two Massachusetts school districts and a coalition of public employee unions sued in federal court Monday, seeking to block the Trump administration from "dismantling" the U.S. Department of Education.
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March 24, 2025
Trump Asks High Court To Halt Fed. Workers' Reinstatement
The Trump administration asked the U.S. Supreme Court on Monday to pause a California federal court order reinstating tens of thousands of probationary federal workers who were fired from six agencies, arguing the band of nonprofit groups that obtained the order have no standing to challenge the firings.
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March 24, 2025
High Court Won't Weigh In On NLRB's Partial Closure Order
The U.S. Supreme Court on Monday declined to review a Sixth Circuit decision that found a bulk food delivery contractor illegally closed a terminal in Kentucky after a union organizing drive, leaving in place the National Labor Relations Board's decision against the company.
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March 24, 2025
Older Worker Says Logistics Co. Underpaid Him
A 76-year-old worker said he was forced to retire because a global logistics provider discriminated against him because of his age and disabilities and misclassified him as a manager to avoid paying him overtime, a lawsuit filed in North Carolina federal court said.
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March 24, 2025
Justices Turn Away 2 NLRB Loper Bright Review Cases
The U.S. Supreme Court won't disturb rulings by the Ninth and Sixth circuits that upheld losses for a pair of employers before the National Labor Relations Board, rejecting two petitions for review Monday that invoked last year's Loper Bright decision.
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March 24, 2025
DOL Abandons Biden's Wage Hike For Federal Contractors
The U.S. Department of Labor said it is no longer enforcing the Biden-era minimum wage for federal contractors after President Donald Trump axed the raise, asking the Ninth Circuit to vacate a panel's decision against the wage bump.
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March 24, 2025
5th Circ. Backs Chevron Phillips Chemical In Bias Suit
The Fifth Circuit declined to revive a Black worker's suit claiming Chevron Phillips Chemical Co. fired him because of race and age discrimination, ruling he failed to put forward proof that bias drove the termination rather than his inability to pass a training exam.
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March 24, 2025
Justices Won't Review San Francisco Nurses' Salary Dispute
The U.S. Supreme Court declined on Monday to review a case about whether San Francisco nurses were misclassified and are entitled to overtime pay because they were not paid a true salary under the Fair Labor Standards Act — an issue that recalls the high court's ruling in Helix Energy Solutions Group Inc. v. Hewitt.
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March 21, 2025
4th Circ. Won't Pause Order To Reinstate Federal Workers
The Fourth Circuit on Friday refused to pause a Maryland federal judge's restraining order requiring the reinstatement of thousands of probationary workers who were fired from 18 federal agencies.
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March 21, 2025
Voice Of America Staff, Unions Challenge Agency's Shuttering
Journalists and staff with Voice of America on Friday accused their parent agency, the U.S. Agency for Global Media, of illegally firing virtually everyone with the government-funded media outlet, a move they said was because the Trump administration perceives their work to be "inconsistent" with the president's "political agenda."
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March 21, 2025
Paul Weiss Stuns Legal Industry With Trump DEI Deal
Paul Weiss Rifkind Wharton & Garrison LLP's decision to strike a deal with the Trump administration to defuse an executive order targeting the firm has drawn criticism across the legal industry and highlights the challenges preventing BigLaw firms from taking collective action against the White House.
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March 21, 2025
NHL, CHL Antitrust Suit May Require Plaintiff Line Change
A Washington federal judge on Friday asked the National Hockey League if a rule that dictates where junior athletes can play restricted the freedom of player movement, but the judge also questioned if the wrong players were plaintiffs in an antitrust suit because they were never drafted by the premiere professional league.
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March 21, 2025
Employment Authority: EEOC's DEI Info Requests Validity
Law360 Employment Authority covers the biggest employment cases and trends. Catch up this week with how strong the U.S. Equal Employment Opportunity Commission's requests to 20 major law firms seeking their information about their diversity, equity and inclusion programs are, how the U.S. Department of Labor wage and hour enforcement could be affected by the Department of Government Efficiency's proposed termination of the department office leases and how re-upping a challenge to the National Labor Relations Board's 2020 joint employer rule could force a change in the regulation.
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March 21, 2025
DOD Wants Transgender Ban Injunction Dissolved
The U.S. Department of Defense asked a Washington, D.C., federal judge Friday to lift an injunction blocking it from implementing a policy that the judge ruled wrongly banned transgender people from serving in the military, saying she had misinterpreted the policy.
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March 21, 2025
Members Hit Pa. Teacher Union With Suit Over Data Breach
A Pennsylvania teachers union was negligent and breached its fiduciary duty in connection with a data breach that potentially exposed Social Security numbers and other personal information, a member alleged in a proposed class action, saying more than 500,000 people were impacted.
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March 21, 2025
2nd Circ. Affirms Union Funds' Early Win In Oil Co. Audit Fight
The Second Circuit affirmed Friday an early win for a group of Teamsters local union benefit funds in a dispute against a heating oil transportation company, backing a lower court's action to force compliance with the union local's audit of contributions for covered work by the company's truck drivers.
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March 21, 2025
Ex-Jefferies Employee Says Age Bias Led To Termination
Investment bank Jefferies LLC has been sued by a former assistant vice president who alleged he was fired under the pretext of working from home too much and that he was actually a victim of age discrimination.
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March 21, 2025
How King & Spalding Helped LGBTQ+ Vets Win Back Benefits
More than a decade after the U.S. Department of Defense repealed its "don't ask, don't tell" policy, which kept LGBTQ+ troops in the closet, veterans who were kicked out for their sexual orientation have continued to suffer the effects of a scarlet letter placed on their discharge papers.
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March 21, 2025
1st Circ. Affirms Hold On Education Dept. Teacher Grant Cuts
The First Circuit on Friday kept in place a Massachusetts federal judge's temporary block on $250 million in cuts to teacher training grants that were targeted by the Department of Education over their ties to diversity initiatives.
Expert Analysis
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Key Requirements In New Maryland Pay Transparency Laws
Although several jurisdictions now require pay transparency in job advertisements, Maryland's new law is among the broadest in the country, both in terms of what is required and the scope of its applicability, says Sarah Belger at Quarles & Brady.
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What Trump's Next Term May Mean For Biz Immigration
Leonard D'Arrigo at Harris Beach discusses the employment-based immigration policies businesses can potentially expect during President-elect Donald Trump’s second term, based on policies enacted during his first administration, statements made during his campaign and proposals in Project 2025.
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Lessons From EEOC Case Of Fla. Worker Fired After Stillbirth
A recent federal court settlement between a Florida resort and a fired line cook shows that the U.S. Equal Opportunity Employment Commission sees stillbirth as protected under the Pregnant Workers Fairness Act, also providing four other important lessons, says Gordon Berger at Pierson Ferdinand.
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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.