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Employment
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April 01, 2025
AG Paxton Objects To Whistleblowers' $2.4M Fee Award
The Texas attorney general's office color-coded over 100 pages of billing records provided by attorneys for its former deputies, telling an Austin court that eight categories of their work should be subtracted from a proposed $2.4 million fee award.
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April 01, 2025
Nurse's Job Denial Dispute With Senior Home Stays In Court
A senior living home operator must face a federal lawsuit claiming it violated the New York City Human Rights Law by retracting a nurse's job offer because she refused to consent to a credit check, a New York federal judge ruled, denying the company's bid to compel arbitration.
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April 01, 2025
7th Circ. Revives Officer's Back Pay Bid In ADA Row
The Seventh Circuit reinstated Tuesday a former corrections officer's back pay request that was rejected by a lower court after a jury found the county sheriff he worked for violated disability bias law by subjecting him to an unnecessary medical exam, but didn't owe him any damages.
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April 01, 2025
Ex-Exec Accuses Deutsche Bank Of Audit Lies, Retaliation
A former high-ranking official with Deutsche Bank has sued the bank for whistleblower retaliation and libel over what he said was a false human resources complaint concocted to fire him for cause after he flagged the bank's alleged lies to federal regulators about operational control issues.
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April 01, 2025
Trump Admin Fights Wash.'s Bid To Expand Layoff Injunction
The Trump administration has urged a California federal judge to reject the state of Washington's request to expand an injunction blocking federal agencies from firing probationary employees, saying the bid to broaden the order to other agencies is unnecessary and based on unfounded speculation of harm.
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April 01, 2025
NBA Wants No Extra Shot At Vax Discrimination Claim For Ref
Former NBA referee Leroy Richardson lost in a "final and binding" arbitration of his religious discrimination claim against the league, and thus should not be awarded a win in his suit over his firing for refusing a COVID-19 vaccination, the NBA has told a New York federal court.
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April 01, 2025
Unions Re-Up Challenge To Trump's Resignation Offer
Federal unions have renewed their challenge to the president's deferred resignation offer, expanding on their members' difficulties and the roadblocks they face to fighting the initiative through agency channels in an apparent effort to address flaws underlying their earlier Massachusetts federal court loss.
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April 01, 2025
College Fired Staffer Over Pro-Palestinian Views, Suit Says
A former Emerson College employee says the school ousted her over her pro-Palestinian political views and decisions to include controversial documentaries dealing with the Israeli-Palestinian conflict in a campus film series, according to a lawsuit filed Tuesday in Massachusetts state court.
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April 01, 2025
Jack Nicklaus Defeats Suit Over NIL Rights
Golfing legend Jack Nicklaus won a ruling in New York state court dismissing claims by his former company over the use of his name, image and likeness.
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April 01, 2025
Mich. Justices Urged To Reject Shorter Worker Suit Deadlines
A trial lawyers' association has advocated for the Michigan Supreme Court to end employers' ability to contractually shorten the limitations period for employee lawsuits, saying such contract terms weaken workers' civil rights protections.
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April 01, 2025
Carnival Biz, H-2B Visa Workers To Settle Wage Suit
A carnival business that tours the East Coast and two H-2B visa workers who alleged that it forced them to work long hours in sometimes dangerous conditions without overtime pay have agreed to settle a proposed class action, according to Virginia federal court records.
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April 01, 2025
Amazon Says Workers Can't Rewrite 2nd Circ.'s Wage Queries
Amazon has asked Connecticut's highest court not to reframe certified Second Circuit questions about whether its employees must be paid while walking to mandatory anti-theft screenings at the ends of their shifts, arguing that state court rules ban them from altering the circuit's words.
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April 01, 2025
Fired NLRB Member Urges Full DC Circ. To Avert 'Crisis'
Fired National Labor Relations Board member Gwynne Wilcox urged the full D.C. Circuit to rethink a panel ruling staying her reinstatement, saying Tuesday that en banc review is "urgently necessary" after a majority enabled governmentwide chaos by rewriting U.S. Supreme Court precedent.
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April 01, 2025
Bloomberg Campaign Scores Partial Win In Unpaid OT Suit
Michael Bloomberg's 2020 presidential campaign organization attained a partial win in a suit accusing it of not paying field organizers minimum wage, a New York federal judge ruled, saying that the campaign wasn't a covered enterprise under the Fair Labor Standards Act and that certain state law claims were rootless.
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April 01, 2025
6th Circ. Lets Feds End Whistleblower's NASA Contractor Suit
The Sixth Circuit stood by a lower court's decision to let the federal government intervene and successfully seek dismissal for a whistleblower's False Claims Act suit against a NASA contractor, applying a 2023 U.S. Supreme Court precedent to back the government's recent tear of dismissal bids in FCA cases.
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April 01, 2025
NC Atty Gets $775K Fee For Multistate Wage Verdict
A North Carolina federal judge has awarded $775,000 in attorney fees to the workers of an Apple-affiliated repair company following their six-figure win in a multistate wage class action over back wages and damages.
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April 01, 2025
Seattle Schools Must Face Teacher's Retaliation Lawsuit
A Washington state appeals court breathed new life into a Seattle public schoolteacher's suit claiming she was punished for reporting that elementary school personnel mistreated students of color, faulting a trial court's conclusion that she hadn't done enough to satisfy presuit obligations.
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April 01, 2025
AFL-CIO Backs Oregon's Cannabis Labor Peace Law
The AFL-CIO has jumped into a legal battle to defend against a constitutional challenge seeking to block implementation of a voter-approved Oregon state law that requires cannabis businesses to have labor peace agreements.
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April 01, 2025
Uber Case Shouldn't Head To Pa. Justices, 3rd Circ. Told
The Third Circuit has already made clear which standard applies to determine whether workers are independent contractors or employees under Pennsylvania law, said the Pennsylvania Chamber of Business and Industry, backing Uber's arguments to not send a misclassification case to the state justices.
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April 01, 2025
Former O'Hagan Meyer Partner Says Firm Owes Final Bonus
A former O'Hagan Meyer partner says the firm stiffed him out of a final $71,000 bonus upon his departure in 2022. He's seeking triple damages under Massachusetts' wage law.
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April 01, 2025
Counterclaim Against Paralegal Must Proceed, Firm Says
A counterclaim accusing a paralegal of bringing an unpaid overtime wages suit against an El Paso law firm in order to extort it for money should stay in play, the firm told a Texas federal court, saying its counterclaim is sufficiently linked to the former employee's litigation.
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March 31, 2025
SpaceX Says It's Too Soon To Transfer Battle With NLRB
SpaceX urged a Texas federal court to vacate a renewed order making California the location for the aerospace company's lawsuit challenging the constitutionality of the National Labor Relations Board's structure, saying conditions the Fifth Circuit imposed for renewing a bid for a transfer after blocking it in August haven't been met.
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March 31, 2025
9th Circ. Won't Stay Injunction On Transgender Troop Ban
A Ninth Circuit panel on Monday denied the federal government's bid for an emergency stay that would have allowed the U.S. Department of Defense to move forward with the Trump administration's ban on transgender military service following a Washington federal judge's decision to block the prohibition last week.
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March 31, 2025
Trump Picks Boyden Gray Attorney For Top DOL Lawyer Role
President Donald Trump on Monday nominated Jonathan Berry of Boyden Gray PLLC to be solicitor of labor, the U.S. Department of Labor's top lawyer.
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March 31, 2025
Former Stimlabs Exec Must Face Trade Secrets Claims
A former biomedical technology company executive must face claims that she absconded with thousands of internal files containing valuable product information in the days and weeks leading up to her ouster last year, a Georgia federal judge ruled.
Expert Analysis
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6 Laws Transforming Calif.'s Health Regulatory Framework
Attorneys at Hooper Lundy discuss a number of new California laws that raise pressing issues for independent physicians and small practice groups, ranging from the use of artificial intelligence to wage standards for healthcare employees.
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Opinion
NCAA Name, Image, Likeness Settlement Is A $2.8B Mistake
While the plaintiffs in House v. NCAA might call the proposed settlement on name, image and likeness payments for college athletes a breakthrough, it's a legally dubious Band-Aid that props up a system favoring a select handful of male athletes at the expense of countless others, say attorneys at Clifford Chance.
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Recent Cases Clarify FCA Kickback Pleading Standards
Two recently resolved cases involving pharmaceutical manufacturers may make it more difficult for False Claims Act defendants facing kickback scheme allegations to get claims dismissed for lack of evidence, say Li Yu at Bernstein Litowitz, Ellen London at London & Noar, and Gregg Shapiro at Gregg Shapiro Law.
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Determining What 'I Don't Feel Safe' Means In The Workplace
When an employee tells an employer "I don't feel safe," the phrase can have different meanings, so employment lawyers must adequately investigate to identify which meaning applies — and a cursory review and dismissal of the situation may not be a sufficient defense in case of future legal proceedings, says Karen Elliott at FordHarrison.
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Steps For Federal Grantees Affected By Stop-Work Orders
Broad changes in federal financial assistance programs are on the horizon, and organizations that may receive a stop-work order from a federal agency must prepare to be vigilant and nimble in a highly uncertain legal landscape, say attorneys at Arnold & Porter.
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FLSA Ruling Shows Split Over Court Approval Of Settlements
A Kentucky federal court's recent ruling in Bazemore v. Papa John's highlights a growing trend of courts finding they are not required, or even authorized, to approve private settlements releasing Fair Labor Standards Act claims, underscoring a jurisdictional split and open questions that practitioners need to grapple with, say attorneys at Vedder Price.
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How EEOC Enforcement Priorities May Change Under Trump
The U.S. Equal Employment Opportunity Commission has already been rocked by the Trump administration's dramatic changes in personnel and policy, which calls into question how the agency may shift its direction from the priorities set forth in its five-year strategic enforcement plan in 2023, say attorneys at Seyfarth.
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7 Tips For Associates To Thrive In Hybrid Work Environments
Excerpt from Practical Guidance
As the vast majority of law firms have embraced some type of hybrid work policy, associates should consider a few strategies to get the most out of both their in-person and remote workdays, says James Argionis at Cozen O’Connor.
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Series
Playing Beach Volleyball Makes Me A Better Lawyer
My commitment to beach volleyball has become integral to my performance as an attorney, with the sport continually reminding me that teamwork, perseverance, professionalism and stress management are essential to both undertakings, says Amy Drushal at Trenam.
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Managing Anti-Corporate Juror Views Revealed By CEO Killing
After the shooting of UnitedHealthcare CEO Brian Thompson laid bare deep-seated anti-corporate sentiments among the public, companies in numerous industries will have to navigate the influence of related juror biases on litigation dynamics, say Jorge Monroy and Keith Pounds at IMS Legal Strategies.
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If Elphaba Had Signed A Restrictive Covenant In 'Wicked'
Following the recent big-screen release of "Wicked," employers should consider how the tale might have ended if the Wizard of Oz had made Elphaba sign a restrictive covenant agreement, which would have placed clear limitations on her ability to challenge his regime, says Emily Wajert at Sidley.
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Contractor Liability When Directing Subcontractor Workforce
A recent Virginia Court of Appeals decision that rejected a subcontractor employee’s tortious interference claim should prompt prime contractors to consider how to mitigate liability risk associated with directing a subcontractor to remove its employee from a federal project, say attorneys at Venable.
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How Law Firms Can Counteract The Loneliness Epidemic
The legal industry is facing an urgent epidemic of loneliness, affecting lawyer well-being, productivity, retention and profitability, and law firm leaders should take concrete steps to encourage the development of genuine workplace connections, says Michelle Gomez at Littler and Gwen Mellor Romans at Herald Talent.
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Handbook Hot Topics: Back To Basics After Admin Change
Having an up-to-date employee handbook is more critical now than ever, given the recent change in administration, and employers should understand their benefits and risks, including how they can limit employers’ liability and help retain employers’ rights, say Kasey Cappellano and Meaghan Gandy at Kutak Rock.
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5 Keys To Building Stronger Attorney-Client Relationships
Attorneys are often focused on being seen as the expert, but bonding with clients and prospects by sharing a few key personal details provides the basis for a caring, trusted and profoundly deeper business relationship, says Deb Feder at Feder Development.