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Employment
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January 10, 2025
DOL Fends Off Challenge To Independent Contractor Rule
The U.S. Department of Labor acted within its power when issuing a final rule for determining whether workers are employees or independent contractors, a New Mexico federal judge said, declining to apply the U.S. Supreme Court's Loper Bright decision in a trucking company's challenge to the rule.
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January 09, 2025
Amazon HR App Puts Workers In 'Disability Limbo,' Suit Says
An Amazon worker has hit the company with a proposed class action in Washington federal court, saying the e-commerce giant's human resources A to Z app illegally denies disability accommodations and puts workers in "disability limbo."
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January 09, 2025
Wonderful Pistachios Defeats Worker's Shed-Trapping Appeal
A California appellate court on Thursday refused to resurrect a former Wonderful Pistachios & Almonds worker's claims that former colleagues of hers trapped her in a shed during work, finding that her qualms with an arbitrator's determinations in Wonderful Pistachios' favor lack merit.
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January 09, 2025
Biden's Title IX Gender Identity Rule Struck By Ky. Judge
A Kentucky federal judge on Thursday struck down the Biden administration's expansion of Title IX to include gender identity, saying the rule "impermissibly redefines discrimination on the basis of sex" in excess of U.S. Department of Education authority.
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January 09, 2025
Pharma Co. Says Ex-CEO's Bias Allegations Come Up Short
Canadian biopharmaceutical company FSD Pharma Inc. is urging the Third Circuit to affirm the enforcement of a $2 million arbitral award against its ex-CEO, arguing Wednesday that the former executive's allegations of bias against the arbitrator have already been rejected.
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January 09, 2025
Kroger Drops FTC Constitutionality Fight After Nixed Merger
Kroger on Thursday voluntarily dismissed its case challenging the constitutionality of the Federal Trade Commission's in-house court, after the agency dropped its administrative case targeting the grocery chain's abandoned deal for Albertsons.
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January 09, 2025
Ill. Captive Meetings Ban Flouts 1st Amendment, Groups Say
If Florida couldn't outlaw corporate diversity training without violating the First Amendment, then Illinois can't outlaw so-called captive audience meetings, a libertarian think tank and business group told an Illinois federal judge, saying Illinois' law restricts employers' freedom of speech as much as Florida's now-stricken statute did.
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January 09, 2025
Philly Principal Files Bias Suit Over Diploma Incident
The former principal of the Philadelphia High School for Girls has sued the school district, claiming her removal from the job over her refusal to hand out diplomas to students who disrupted a graduation ceremony was discriminatory, saying her Black predecessors were allowed to do the same thing without consequence.
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January 09, 2025
DraftKings Says Fired Worker 'Has No Legal Path' Forward
DraftKings asked a Massachusetts federal judge on Thursday to throw out a former engineer's lawsuit claiming that he was fired in retaliation for seeking paid parental leave, saying the claims have no legal basis.
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January 09, 2025
Guards, ICE Detention Contractor Wage Deal Approved
A detention officer's suit accusing the operator of a U.S. Immigration and Customs Enforcement detention center of unpaid preshift work will come to an end after a Texas federal judge signed off Thursday on a sealed settlement.
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January 09, 2025
5 Things Executive Pay Attys Should Keep An Eye On In 2025
Tesla chief executive Elon Musk will be seeking a green light for a $56 billion pay package while a new administration in the White House may scuttle proposed incentive pay regulations and a ban on noncompete agreements. Here, Law360 looks at five things executive compensation lawyers will be following in the new year.
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January 09, 2025
Worker's Atty Fees Upheld In Settled Calif. Harassment Suit
A California state appeals court upheld a $493,600 attorney fees award handed to a freight trucking company worker whose sexual harassment case made it to the state's highest court, finding her former boss failed to show she didn't deserve the sum as the suit's prevailing party.
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January 09, 2025
AFL-CIO, SEIU Promise Expanded Power With Reaffiliation
The AFL-CIO and the Service Employees International Union announced that they are reaffiliating nearly 20 years after the service workers union split from the labor federation, with leaders of both groups promising the renewed partnership will help the labor movement reach more workers.
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January 09, 2025
Ex-Steel Co. Worker Who Won $3 Wants Age Bias Redo
A fired steel company human resources worker who was awarded $3 for his age discrimination claims told a Michigan federal judge Wednesday he should get a new trial on damages because evidence presented to jurors shows he is owed far more in lost pay.
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January 09, 2025
Arkansas Justices At Odds Over Chief's Bid To Revive Firings
Members of the Arkansas Supreme Court are at an impasse over the chief justice's attempt to fire 10 state court employees after her fellow justices blocked the move, with her issuing an order to vacate their ruling and them saying her order is a mere dissent with no effect.
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January 09, 2025
Fired Exec's Suit Paused As 4th Circ. Mulls Arbitration Denial
A Virginia federal judge paused a former gas company executive's lawsuit alleging breach of contract and wrongful termination while the Fourth Circuit decides whether to hear the company's midsuit appeal.
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January 09, 2025
MoFo Taps Goodwin Duo To Grow Exec Comp, Benefits Team
Morrison Foerster announced Wednesday that it has tapped two former Goodwin Procter LLP partners to expand its executive compensation and benefits group.
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January 09, 2025
Musk Could Dodge Some Claims In X Severance Suit
Six former Twitter employees who alleged they weren't paid severance benefits after Elon Musk took over the company shouldn't be able to proceed with their claims under Texas law, a Delaware federal magistrate judge said, but he recommended that claims under California and New York law be given a second chance.
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January 09, 2025
Conn. House Bill Seeks Overtime Pay Income Tax Exemption
Connecticut would exempt employees' earned overtime pay from income tax under a bill introduced in the state House of Representatives.
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January 09, 2025
Beer Sales Rep Can't Show Lasting Harm From Noncompete
A former Boston Beer Co. sales employee challenging a one-year noncompete agreement has failed to show how she will suffer irreparable harm without a preliminary injunction, a Massachusetts federal judge ruled Wednesday, saying any damages are "readily calculable" if she ultimately wins the case.
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January 09, 2025
Longshoremen's Union, Shippers Reach Deal To Avert Strike
The International Longshoremen's Association and a coalition of shippers reached a tentative agreement on a new labor contract, averting a strike ahead of a Jan. 15 deadline.
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January 08, 2025
UPS Can't Erase $40M Race Bias Verdict, Ex-Employee Says
A former UPS worker whose retaliation verdict was slashed from $238 million to $40 million urged a Washington federal judge Tuesday to deny UPS' motion for a new trial, saying the company is leaning on "triple hearsay and jealous gossip."
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January 08, 2025
Judge Says DOI Can't Get New Ageism Trial After Worker Win
A Washington federal judge has reproached the U.S. Department of the Interior for seeking a new trial on damages in a former employee's age discrimination case after the Ninth Circuit vacated the plaintiff's initial $1.7 million win over calculation errors, saying the agency missed its chance to litigate the worker's lost wages.
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January 08, 2025
Wash. Justices To Review Airline Worker's COVID Comp. Case
The Washington State Supreme Court has agreed to review whether an allegedly botched jury instruction dooms an Alaska Airlines flight attendant's COVID-19 workers' compensation win, after a split lower appeals court upended the jury's verdict.
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January 08, 2025
Quantitative Trader Accused Of Stealing Firm's Source Code
New York federal prosecutors have accused a quantitative trader of stealing the secrets of a billion-dollar company's source code from his former employer to use at his own trading firm, according to an indictment unsealed Wednesday in New York federal court.
Expert Analysis
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Defense Strategies For Addressing Conspiracy-Minded Jurors
As conspiracy theories continue to proliferate and gain traction in the U.S., defense attorneys will need to consider ways to keep conspiracy-minded jurors from sitting on the jury, and to persuade them when this isn’t possible, say consultants at IMS Legal Strategies.
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7 Ways 2nd Trump Administration May Affect Partner Hiring
President-elect Donald Trump's return to the White House will likely have a number of downstream effects on partner hiring in the legal industry, from accelerated hiring timelines to increased vetting of prospective employees, say recruiters at Macrae.
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4 Novel Issues From The Blake Lively, Justin Baldoni Suits
A series of lawsuits arising from actress Blake Lively's sexual harassment and retaliation complaint against her "It Ends With Us" co-star, Justin Baldoni, present novel legal issues that employment and defamation practitioners alike should follow as the litigation progresses, say attorneys at Dorsey & Whitney.
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E-Discovery Quarterly: Rulings On Custodian Selection
Several recent rulings make clear that the proportionality of additional proposed custodians will depend on whether the custodians have unique relevant documents, and producing parties should consider whether information already in the record will show that they have relevant documents that otherwise might not be produced, say attorneys at Sidley.
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Religious Accommodation Lessons From $12.7M Vax Verdict
A Michigan federal jury’s recent $12.7 million verdict against Blue Cross Blue Shield of Michigan starkly reminds employers of the risks they face when assessing employees’ religious accommodation requests, highlighting pitfalls to avoid and raising the opportunity to consider best practices to follow, say attorneys at Williams & Connolly.
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What To Expect In Higher Ed Enforcement Under Trump
Colleges and universities should prepare for shifting priorities, as President-elect Donald Trump is likely to focus less on antitrust cases and more on foreign relations policy, while congressional oversight of higher education continues to increase, say attorneys at Steptoe.
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Series
NY Banking Brief: All The Notable Legal Updates In Q4
In 2024's final quarter, the New York State Department of Financial Services published guidance on mitigating the rising cybersecurity risks of artificial intelligence and remote technology workers with North Korean ties, and the state attorney general launched an antitrust investigation into Capital One's proposed Discover merger, say attorneys at Haynes Boone.
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How Trial Attys Can Wield Amended Federal Evidence Rules
Trial lawyers should assess recent amendments to four Federal Rules of Evidence and a newly enacted rule on illustrative aids to determine how to best use the rules to enhance pretrial discovery and trial strategy, says Stewart Edelstein, former litigation chair at Cohen & Wolf.
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Series
Exercising On My Peloton Bike Makes Me A Better Lawyer
While I originally came to the Peloton bike for exercise, one cycling instructor’s teachings have come to serve as a road map for practicing law thoughtfully and mindfully, which has opened opportunities for growth and change in my career, says Andrea Kirshenbaum at Littler.
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Lessons From United's Axed Win In Firing Over Online Pics
In Wawrzenski v. United Airlines, a California state appeals court revived a flight attendant’s suit over her termination for linking photos of herself in uniform to her OnlyFans account, providing a cautionary tale for employers navigating the complexities of workplace policy enforcement in the digital age, say attorneys at ArentFox Schiff.
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3 Factors Affecting Retail M&A Deals In 2025
Retailers considering mergers and acquisitions this year face an evolving antitrust environment, including a new administration under President-elect Donald Trump, revised merger guidelines and a precedent set last year by a canceled $8.5 billion handbag merger, say attorneys at DLA Piper.
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How Trump Admin May Approach AI In The Workplace
Key indicators suggest that the incoming Trump administration will adopt a deregulatory approach to artificial intelligence, allowing states to fill the void, so it is critical that employers pay close attention to developing legal authority concerning AI tools, say attorneys at Littler.
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Top 10 Legal Issues This Year For Transportation Industry GCs
General counsel must carefully consider numerous legal and policy challenges facing the automotive and transportation industry in the year to come, especially while navigating new technologies, regulations and global markets, says Francesco Liberatore at Squire Patton.
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Exploring Venue Strategy For Trump-Era Regulatory Litigation
Litigation will likely play a prominent role in shaping policy outcomes during the second Trump administration, and stakeholders have several tools at their disposal to steer regulatory litigation toward more favorable venues, say attorneys at Covington.
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What 2024's Noncompete Turmoil Means For Banks In 2025
A look back at the most significant legal challenges to the enforceability of various restrictive covenants like noncompete and nonsolicitation agreements in 2024 can help financial institutions address the use of these critical tools this year, say attorneys at Maynard Nexsen.