Employment

  • March 25, 2025

    6th Circ. Won't Rethink Ruling On 'Captive Audience' Memo

    A Sixth Circuit panel on Tuesday said it wouldn't rethink its ruling that a Michigan construction trade group lacks standing to challenge the constitutionality of a memo from the National Labor Relations Board former general counsel regarding employers' anti-union meetings.

  • March 25, 2025

    Trans Military Ban Rests On 'Unconvincing' Proof, Judge Says

    A Washington federal judge hinted Tuesday he might block the Trump administration's ban on transgender troops later this week, expressing doubt that the U.S. Department of Defense has evidence to back its stance that gender dysphoria alone makes people unfit for military service.

  • March 25, 2025

    Split 10th Circ. Finds Arbitrator Went Too Far With USW Award

    A divided Tenth Circuit panel concluded Tuesday that an arbitrator went beyond his powers when finding salaried employees at an HF Sinclair facility in Wyoming must be part of a bargaining unit represented by the United Steelworkers, saying the issue was not brought to arbitration by either party.

  • March 25, 2025

    Expedia, White Job Applicant End Race Bias Suit

    A white male job applicant agreed to drop his lawsuit claiming Expedia took back an offer for an executive-level position in favor of a Black woman because of the company's focus on diversity, according to a filing in Texas federal court.

  • March 25, 2025

    'Biased' Arbitration At Stake As Flores, NFL Speak To 2nd Circ.

    A Second Circuit panel weighing former NFL coach Brian Flores' discrimination suit against the league acknowledged Tuesday that shipping the aggrieved coach's dispute to arbitration could pave a new course in corporate dispute settlement.

  • March 25, 2025

    Con Ed To Enact Reforms To Settle NY AG's Bias Case

    New York utility provider Consolidated Edison Inc. will pay $750,000 and implement a series of workplace reforms to resolve an investigation that found it allowed widespread discrimination and harassment of female and nonwhite employees, state Attorney General Letitia James said Tuesday.

  • March 25, 2025

    Recruiter To Pay $6M To End Nurses' Suit Alleging Strict Pacts

    An Ohio federal judge greenlighted a deal in which a healthcare staffing company that recruits nurses from the Philippines will shell out $6 million to settle a suit with about 5,600 workers accusing it of imposing strict employment contracts, not paying overtime and mandating a gossip ban.

  • March 25, 2025

    Hershey Escapes Ex-Production Worker's Leave Bias Suit

    Hershey defeated a former production operator's lawsuit claiming he was fired for taking time off to assist his wife with fertility treatments, a Pennsylvania federal judge ruled, saying there was nothing wrong with an internal investigation that found he was misusing the leave he'd been given.

  • March 25, 2025

    NYPD Denied Vax Waiver To Detective, Suit Says

    A former New York City Police Department detective has filed a lawsuit against the department and city alleging he was effectively forced out after being denied a religious exemption for the COVID-19 vaccine.

  • March 25, 2025

    House Panel Split On Independent Contractor, OT Updates

    Republicans on a U.S. House subcommittee called on Tuesday for updating the Fair Labor Standards Act to more easily classify workers as independent contractors and enable overtime and paid time off swapping, while Democrats urged greater protections for employees, not a watering down of the law.

  • March 25, 2025

    Media Cos. Want Docs Unsealed In X Workers' Layoff Suit

    More than two dozen filings in a proposed class action alleging X unlawfully shorted laid-off workers on severance should be unveiled, several media companies told a Delaware federal court Tuesday in a bid to intervene in the case, arguing the public has a right to view those filings.

  • March 25, 2025

    NCAA Makes New Bid To Sink Athletes' Wage Suit

    A group of student-athletes still failed to show that their colleges, universities and the NCAA had the joint control typical of employers even after their cases took a trip to the Third Circuit, the association told a Pennsylvania federal court, launching a renewed bid to toss the students' suit.

  • March 25, 2025

    Pro Tennis Player Asks 11th Circ. To Affirm $9M Abuse Ruling

    A professional tennis player who was awarded $9 million over claims of sexual abuse from her coach has asked the Eleventh Circuit to uphold the ruling, arguing that a Florida federal court properly found the training facility should have done more to protect her based on the evidence.

  • March 25, 2025

    2nd Circ. Backs Broad Reading Of ADA In Teacher's PTSD Suit

    The Second Circuit revived a teacher's suit Tuesday claiming her school district failed to accommodate her PTSD with afternoon work breaks, upending a lower court's finding that the district wasn't required to provide the breaks because she could perform her key duties without them.

  • March 25, 2025

    No Caprice In OSHA's Work Citation Rules, 11th Circ. Hears

    The Occupational Safety and Health Administration urged the Eleventh Circuit Tuesday to ignore a Georgia roofing contractor's claims that it can't be on the hook for a $158,000 fine under the agency's "capricious" multiemployer citation rule, alleging the company's counsel told it to avoid being caught on the work site to dodge liability.

  • March 25, 2025

    Mich. Residents, Some Claims Cut From Frozen Benefits Case

    A Michigan federal judge has slashed a union and claimants' lawsuit alleging the state's unemployment insurance agency improperly automatically denied or clawed back payments, finding that temporary COVID-19 pandemic assistance benefits are not constitutionally protected rights and the claimants received proper notice of an end to their benefits.

  • March 25, 2025

    Unions Say Trump Administration Illegally Targeted Columbia

    The federal government should restore the nearly $400 million it revoked from Columbia University earlier this month, two unions told a New York federal court Tuesday, also seeking a declaration that threats to pull additional funding if the university doesn't meet certain demands violate the U.S. Constitution.

  • March 25, 2025

    2nd Circ. Trims Ex-K&L Gates Atty's Cyberstalking Conviction

    The Second Circuit has reversed one of three counts of conviction for a former K&L Gates attorney who was accused of cyberstalking and harassing his colleagues, finding that there was insufficient evidence to support claims that he made "true threats" to one of the accusers.

  • March 25, 2025

    Staffing Co. Workers Can't Get Class Status In NC Wage Suit

    Staffing firm employees can't proceed as a class in their lawsuit accusing their employer of failing to pay them a minimum wage, a North Carolina federal judge ruled, because they can't show that all the workers were subject to the same common policies.

  • March 25, 2025

    Ogletree Hires Ex-Womble Bond Atty In Phoenix

    Ogletree Deakins Nash Smoak & Stewart PC announced Monday that it has expanded its offerings in Arizona with the addition of a litigator from Womble Bond Dickinson.

  • March 25, 2025

    Hartford HealthCare Fights Disclosure Of Antitrust Settlement

    Hartford HealthCare Corp. says it cannot be forced to reveal a confidential January antitrust settlement with another Connecticut hospital at the behest of a Teamsters health plan and a public transit agency separately accusing the consortium of creating a monopoly.

  • March 25, 2025

    Pittsburgh Paper Must Bargain With Union, 3rd Circ. Says

    The Pittsburgh Post-Gazette will have to bargain with its reporters' union over wages and other changes in employment terms and restore healthcare, the Third Circuit ruled, partially agreeing to enforce a National Labor Relations Board ruling.

  • March 24, 2025

    Law Firm Bookkeeper Charged With Embezzling $835K

    The bookkeeper and office manager of a Hartford, Connecticut, law firm embezzled more than half a million dollars from the firm over 12 years and took more than a quarter-million in separate rental income earned by the law firm's owner, federal prosecutors announced on Monday.

  • March 24, 2025

    Ill. Judge Flips Rulings Applying BIPA Change Retroactively

    An Illinois federal judge has scrapped her determination that the Illinois legislature's move to limit damages under the state's Biometric Information Privacy Act applies to disputes filed before the change took effect, aligning with two other district judges who have found the amendment to be a "substantive" one that only affected cases prospectively. 

  • March 24, 2025

    Colo. Judge Doubts Iffy Firing Facts Can Get Restaurant A Win

    A Colorado federal judge was skeptical Monday that he, rather than a jury, should be the one to decide whether a seafood restaurant fired a worker because of her nationality or because she drank alcohol before a shift, in a suit brought by the U.S. Equal Employment Opportunity Commission.

Expert Analysis

  • EEOC Wearable Tech Guidance Highlights Monitoring Scrutiny

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    The U.S. Equal Employment Opportunity Commission's recent fact sheet on wearable technologies cautions against potential issues with federal anti-discrimination laws and demonstrates growing concern from regulators and legislators about intrusive technologies in the workplace, say attorneys at Littler.

  • 5 Ways To Create Effective Mock Assignments For Associates

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    In order to effectively develop associates’ critical thinking skills, firms should design mock assignments that contain a few key ingredients, from messy fact patterns to actionable feedback, says Abdi Shayesteh at AltaClaro.

  • 5 Factors From Biden's Final Worker Antitrust Guidelines

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    The recent Federal Trade Commission and the U.S. Department of Justice's joint antitrust guidelines for business activities affecting workers cap a flurry of final announcements from the Biden administration, but it's unclear whether the agencies will maintain their support for these measures in the Trump administration, say attorneys at Simpson Thacher.

  • What Public View Of CEO's Killing Means For Corporate Trials

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    Given the proliferation of anti-corporate sentiments following recent charges against Luigi Mangione in connection with the killing of UnitedHealthcare's CEO, attorneys who represent corporate clients and executives will need to adapt their trial strategy to account for juror anger, says Clint Townson at Townson Litigation Consulting.

  • 4 Employment Law Areas Set To Change Under Trump

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    President Donald Trump's second term is expected to bring significant changes to the U.S. employment law landscape, including the potential for updated worker classification regulations, and challenges to diversity, equity and inclusion that are already taking shape, say attorneys at Debevoise.

  • What Employment Bias Litigation Looks Like After Muldrow

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    Nine months after the U.S. Supreme Court created an undemanding standard for discrimination claims in Muldrow v. St. Louis, Eric Schnapper at the University of Washington discusses how the Title VII litigation landscape has changed and what to expect moving forward.

  • 8 Lessons Yellow Corp. Layoffs Can Teach Distressed Cos.

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    A Delaware bankruptcy court’s recent decision, examining trucking company Yellow Corp.’s abrupt termination of roughly 25,500 employees, offers financially distressed businesses a road map for navigating layoffs under the Worker Adjustment and Retraining Notification Act, say attorneys at King & Spalding.

  • The 7th Circ.'s Top 10 Civil Opinions Of 2024

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    Attorneys at Jenner & Block examine the most significant decisions issued by the Seventh Circuit in 2024, and explain how they may affect issues related to mass arbitration, consumer fraud, class certification and more.

  • 10 Key Worker-Friendly California Employment Law Updates

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    New employment laws in California expand employee rights, transparency and enforcement mechanisms, and failing to educate department managers on these changes could put employers at risk, says Melanie Ronen at Stradley Ronon.

  • Class Actions At The Circuit Courts: Nov. And Dec. Lessons

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    In this month's review of class action appeals, Mitchell Engel at Shook Hardy discusses five federal court decisions and identifies practice tips from cases involving takings clause violations, breach of contract with banks, life insurance policies, employment and automobile defects.

  • Artfully Conceding Liability Can Offer Defendants 3 Benefits

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    In the rare case that a company makes the strategic decision to admit liability, it’s important to do so clearly and consistently in order to benefit from the various forms of armor that come from an honest acknowledgment, says Ken Broda-Bahm at Persuasion Strategies.

  • Mentorship Resolutions For The New Year

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    Attorneys tend to focus on personal achievements or career milestones when they set yearly goals, but one important area often gets overlooked in this process — mentoring relationships, which are some of the most effective tools for professional growth, say Kelly Galligan at Rutan & Tucker and Andra Greene at Phillips ADR.

  • How PAGA Reform Can Inform Employer Strategies In 2025

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    While recent changes to California's Private Attorneys General Act will not significantly reduce PAGA claims, employers can use the new law to potentially limit their future exposure, by taking advantage of penalty reduction opportunities and more, say attorneys at Thompson Coburn.

  • Series

    Coaching Little League Makes Me A Better Lawyer

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    While coaching poorly played Little League Baseball early in the morning doesn't sound like a good time, I love it — and the experience has taught me valuable lessons about imperfection, compassion and acceptance that have helped me grow as a person and as a lawyer, says Alex Barnett at DiCello Levitt.

  • 7 Employment Contracts Issues Facing DOL Scrutiny

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    A growing trend of U.S. Department of Labor enforcement against employment practices that limit workers' rights and avoid legal responsibility shines a light on seven unique contractual provisions that violate federal labor laws, and face agressive litigation from the labor solicitor, says Thomas Starks at Freeman Mathis.

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