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Employment
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April 09, 2025
Oracle Inks $15.5M Deal In Sales Representatives' PAGA Suit
Oracle America will pay $15.5 million to over 5,000 current and former sales representatives who filed a Private Attorneys General Act case in California state court alleging Oracle delayed commission payments, bringing the decade-long wage fight closer to its end, according to a settlement agreement announced Wednesday.
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April 09, 2025
9th Circ. Judge Says New AB 5 Args 'More Nails In The Coffin'
A Ninth Circuit judge appeared skeptical Wednesday of a renewed challenge to California's A.B. 5 independent contractor test bought by a trucking association, telling an attorney his client's previous arguments were "better before" and the new ones may just be "more nails in the coffin."
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April 09, 2025
Split 11th Circ. Denies Rehearing In Ga. Tech Title IX Case
A sharply divided Eleventh Circuit refused Tuesday to grant a full-court rehearing of a panel decision ending a sex discrimination suit from Georgia Tech's longtime women's basketball coach, prompting a rebuke from the court's Democratic-appointed judges who said the court has "just failed to learn the lesson" that educators deserve a right of action under Title IX.
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April 09, 2025
Hollywood Filmmaker Owes $1.7B For Sex Assault, Jury Says
A New York state jury held Wednesday that Oscar-nominated screenwriter and director James Toback must pay $1.68 billion to 40 women he sexually assaulted over the course of four decades, according to an announcement from the victims' lawyers.
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April 09, 2025
Justice Explores 'Reasonableness' In Worker Contract Case
Michigan's Supreme Court on Wednesday weighed the possibility of reintroducing a judicial test — abolished 20 years ago — to consider whether employment contracts that shorten the time frame within which a worker can sue are reasonable as an employee urged a finding that such contract terms weaken workers' civil rights protections.
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April 09, 2025
Furniture Co. Will Pay $1.5M Over PPP Loan Fraud Charge
A North Carolina leather furniture supplier has agreed to a nearly $1.5 million deal ending government claims that it used manipulated payroll numbers to meet requirements for loan forgiveness under the COVID-era federal Payment Protection Program.
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April 09, 2025
Revived Burger King No-Poach Case Survives Dismissal
A Florida federal judge Wednesday denied Burger King's bid to toss proposed class action claims over the fast-food chain's past use of no-poach provisions in its franchise agreements, finding the workers' antitrust and fraud claims could proceed.
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April 09, 2025
AIG Unit Seeks $3.7M Clawback In Whistleblower Murder Row
A tree service company, subsidiary and certain former employees can't be covered in two civil suits alleging an employee was murdered for reporting the company's use of undocumented labor, an AIG unit told an Ohio federal court, seeking nearly $3.7 million in coverage reimbursement.
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April 09, 2025
Mass. Justices Asked To Raise Bar For Pension, Benefit Loss
Massachusetts' highest court was asked on Wednesday to adopt a more expansive interpretation of what constitutes cruel or unusual punishment or an excessive fine in the case of a former state trooper whose $1 million public pension and healthcare benefits were forfeited after his conviction in an overtime fraud case.
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April 09, 2025
Apple Agrees To Revise Some Worker Policies In NLRB Deal
Apple will revise some parts of its confidentiality agreement and other worker policies as part of an unfair labor practice settlement at the National Labor Relations Board, according to the deal, which requires the tech giant to put up a post indefinitely on a public-facing website.
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April 09, 2025
Tire Co. In Talks With EEOC To Resolve Harassment Case
The owner of a Massachusetts scrap tire facility and the U.S. Equal Opportunity Employment Commission are in the process of drafting an agreement to resolve allegations that Hispanic workers faced harassment and threats on the job, then were fired in retaliation for striking, according to a Wednesday filing.
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April 09, 2025
LA DA Demoted Prosecutors Over Menendez Work, Suits Say
The Los Angeles County District Attorney's Office has been sued by two former top prosecutors who say they were demoted in retaliation for advocating to have Erik and Lyle Menendez released from prison after serving more than 35 years for murder.
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April 09, 2025
Home Health Co. Fails To Pay Aides' Travel Time, Worker Says
A home healthcare company requires aides to travel to various patients' homes throughout their workdays but fails to compensate them for this time spent traveling, a proposed class and collective action filed Wednesday in Ohio federal court said.
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April 09, 2025
Twitter Seeks To Strike Arbitrations In Severance Fight
Fifteen individual arbitration awards don't add anything to workers' claims seeking additional severance payments from X, the social media platform argued, urging a Delaware federal court to strike them from the docket.
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April 09, 2025
Judge Lets NIL Fraud Suit Against UF Boosters Move Forward
A Florida federal judge on Tuesday declined to dismiss the lawsuit of college quarterback Jaden Rashada, who accused University of Florida boosters of luring him with fraudulent promises that cost him a deal with another school, saying his claims of fraud and negligence are detailed enough to proceed.
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April 09, 2025
Seattle Hospital Agrees To Pay $16M To End Meal Break Suit
Seattle Children's Hospital has agreed to pay $16 million to settle a proposed class action brought by hospital workers who say they were denied required meal breaks in violation of Washington wage and hour laws.
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April 09, 2025
Trial Court Too Tough On Laundromat Bias Suit, 2nd Circ. Says
The Second Circuit reinstated a Black laundromat worker's suit claiming she was fired for complaining that her supervisor made racist comments and for requesting working adjustments due to a broken thumb, ruling Wednesday a lower court improperly tanked the case based on her "self-serving" testimony.
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April 09, 2025
Ga. Beverage Co. Worker Says Pregnancy Got Her Fired
A former operations manager for a Georgia commercial beverage service company sued the company for pregnancy discrimination Tuesday, making good on an alleged invitation by her boss to "file a claim" if she had a problem with her abrupt firing last year.
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April 09, 2025
Florida Won't Hire Law Firms With DEI Initiatives, AG Says
The state of Florida will no longer hire law firms with diversity, equity and inclusion programs to serve as outside general counsel, according to a new memo from Attorney General James Uthmeier.
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April 09, 2025
Roberts Pauses Rehiring Of Fired NLRB, MSPB Members
Chief Justice John Roberts temporarily paused an en banc D.C. Circuit's order reinstating two fired members of the National Labor Relations Board and the Merit Systems Protection Board on Wednesday, in a dispute that challenges a 90-year-old U.S. Supreme Court ruling protecting certain government officials from presidential removal.
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April 09, 2025
Female Teachers Must Identify Specific Men In Pay Bias Case
A Pennsylvania federal judge on Wednesday refused to grant a posttrial win to two female teachers who accused a school district of paying women less than men and told the women to identify more specific male counterparts for the forthcoming second trial.
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April 09, 2025
Ex-Qualcomm Executive Convicted Of $180M Fraud
A federal jury in San Diego has found a former executive at Qualcomm guilty of defrauding the chipmaker by creating a fake company, concealing his connection to it and selling it to Qualcomm for $180 million.
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April 09, 2025
5th Circ. Backs LSU's Win In Fired Director's Retaliation Suit
The Fifth Circuit said an ex-football director for Louisiana State University isn't owed a new trial in her suit claiming she was fired for complaining that an assistant coach exposed himself to her, saying she couldn't overcome the university's position that a new head coach just wanted to clean house.
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April 09, 2025
5th Circ. Pauses Contractor Rule Challenge Amid DOL Review
The Fifth Circuit halted a group of companies' challenge to a Biden-era independent contractor rule determining workers' classification under the Fair Labor Standards Act after the U.S. Department of Labor said it was reconsidering the rule.
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April 09, 2025
Dinsmore Labor Duo Moves On To Greenspoon Marder
Greenspoon Marder LLP has hired a labor and employment duo from Dinsmore & Shohl LLP, which they had joined in December after leaving a firm that one of them helped launch in 2022, the firm has announced.
Expert Analysis
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Series
Adapting To Private Practice: From SEC To BigLaw
As I adjusted to the multifaceted workflow of a BigLaw firm after leaving the U.S. Securities and Exchange Commission, working side by side with new colleagues on complex matters proved the fastest way to build a deep rapport and demonstrate my value, says Jennifer Lee at Jenner & Block.
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Weathering Policy Zig-Zags In Gov't Contracting Under Trump
To succeed amid the massive shift in federal contracting policies heralded by President Donald Trump's return to office, contractors should be prepared for increased costs and enhanced False Claims Act enforcement, and to act swiftly to avail themselves of contractual remedies, says Jacob Scott at Smith Currie.
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Making The Case For Rest In The Legal Profession
For too long, a culture of overwork has plagued the legal profession, but research shows that attorneys need rest to perform optimally and sustainably, so legal organizations and individuals must implement strategies that allow for restoration, says Marissa Alert at MDA Wellness, Carol Ross-Burnett at CRB Global, and Denise Robinson at The Still Center.
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2 Areas Of Labor Law That May Change Under Trump
Based on President Donald Trump's recent moves, employers should expect to see significant changes in the direction of law coming out of the National Labor Relations Board, particularly in two areas where the Trump administration will seek to roll back the Biden NLRB's changes, says Daniel Johns at Cozen O’Connor.
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4 Ways Women Attorneys Can Build A Legal Legacy
This Women’s History Month, women attorneys should consider what small, day-to-day actions they can take to help leave a lasting impact for future generations, even if it means mentoring one person or taking 10 minutes to make a plan, says Jackie Prester, a former shareholder at Baker Donelson.
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Justices' Revival Ruling In Bias Suit Exceeds Procedural Issue
The U.S. Supreme Court's recent ruling in Waetzig v. Halliburton allowed the plaintiff in an age discrimination lawsuit to move to reopen his case after arbitration, but the seemingly straightforward decision on a procedural issue raises complex questions for employment law practitioners, says Christopher Sakauye at Dykema.
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Bid Protest Spotlight: Prejudice, Injunctions, New Regulations
In this month's bid protest roundup, Markus Speidel at MoFo looks at three recent decisions that consider whether a past performance evaluation needs to show prejudice to be successfully challenged, the prerequisites for injunctive relief and the application of new regulatory requirements to indefinite-delivery, indefinite-quantity contracts.
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A Judge's Pointers For Adding Spice To Dry Legal Writing
U.S. District Judge Fred Biery shares a few key lessons about how to go against the grain of the legal writing tradition by adding color to bland judicial opinions, such as by telling a human story and injecting literary devices where possible.
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How To Create A Unique Jury Profile For Every Case
Instead of striking potential jurors based on broad stereotypes or gut feelings, trial attorneys should create case-specific risk profiles that address the political climate, the specific facts of the case and the venue in order to more precisely identify higher-risk jurors, says Ken Broda-Bahm at Persuasion Strategies.
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9 Considerations For Orgs Using AI Meeting Assistants
When deciding to use artificial intelligence meeting assistants, organizations must create and implement a written corporate policy that establishes the do's and don'ts for these assistants, taking into account individualized business operations, industry standards and legal and regulatory requirements, say attorneys at Faegre Drinker.
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IRS Scrutiny May Underlie Move Away From NIL Collectives
The University of Colorado's January announcement that it was severing its partnership with a name, image and likeness collective is part of universities' recent push to move NIL activities in-house, seemingly motivated by tax implications and increased scrutiny by the Internal Revenue Service, say attorneys at Buchanan Ingersoll.
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What's At Stake In High Court Transgender Care Suit
The outcome of U.S. v. Skrmetti will have critical implications for the rights of transgender youth and their access to gender-affirming care, and will likely affect other areas of law and policy involving transgender individuals, including education, employment, healthcare and civil rights, say attorneys at ArentFox Schiff.
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Considerations As Trump Admin Continues To Curtail CFPB
Recent sweeping moves from the Consumer Financial Protection Bureau's new leadership have signaled a major shift in the agency's trajectory, and regulated entities should prepare for broader implications in both the near and long term, say attorneys at Pryor Cashman.
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6th Circ. Ruling Paves Path Out Of Loper Bright 'Twilight Zone'
The U.S. Supreme Court’s Loper Bright ruling created a twilight zone between express statutory delegations that trigger agency deference and implicit ones that do not, but the Sixth Circuit’s recent ruling in Moctezuma-Reyes v. Garland crafted a two-part test for resolving cases within this gray area, say attorneys at Wiley.
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NCAA Rulings Signal Game Change For Athlete Classification
A Tennessee federal court's recent decision in Pavia v. NCAA adds to a growing call to consider classifying college athletes as employees under federal law, a change that would have unexpected, potentially prohibitive costs for schools, says J.R. Webster Cucovatz at Gilson Daub.