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Employment
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February 14, 2025
Insurer Can Proceed With Miami Retaliation Coverage Dispute
A Florida federal court partially rejected on Friday a magistrate judge's dismissal recommendations in a dispute between the city of Miami and an insurer over coverage for underlying lawsuits that allege political retaliation, allowing the parties to litigate the insurer's potential duty to defend.
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February 14, 2025
House Dems Question Rationale For OSHA Guidance Purge
Democratic members of the House Committee on Education and the Workforce demanded that the U.S. Department of Labor provide details about why certain worker safety documents were removed from the federal government's website, saying some information seems to have been arbitrarily removed because it referenced "diversity" or "gender."
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February 14, 2025
Judge Needs Time To Mull Block On DOGE's Agency Audits
A Washington, D.C., federal judge said he plans to rule "promptly" on a request by worker and consumer advocates to stop the Department of Government Efficiency from accessing three federal agencies' data but couldn't say when following a wide-ranging hearing on the bid.
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February 14, 2025
Judge Rejects NLRB Bid To Reopen Post-Gazette Union Talks
The publisher of the Pittsburgh Post-Gazette will not be forced to return to bargaining with several unions representing its striking print production employees, after a federal judge ruled that the National Labor Relations Board had not convinced her that the publisher had bargained in bad faith.
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February 14, 2025
4th Circ. Rejects IRS Worker's Discrimination Claims
A Maryland federal court was right to reject claims by a Vietnam-born Internal Revenue Service employee who said she was discriminated against when managers disciplined her for insubordination, the Fourth Circuit ruled Friday, saying she failed to prove other employees were treated differently.
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February 14, 2025
DC Judge Orders Feds To Restore Foreign Funding
A D.C. federal judge ordered the Trump administration to restore foreign funding in connection with any grants or programs in place before the inauguration, saying aid organizations have made a sufficient showing that the pause threatens their very existence.
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February 14, 2025
Off The Bench: Trans EO, Cards Arbitration, NASCAR Revs Up
In this week's Off The Bench, litigation begins over President Donald Trump's executive order banning transgender individuals from competing in women's sports, a former Arizona Cardinals executive's defamation suit against the team is shuffled to arbitration, and NASCAR asks an appeals panel to reverse wins handed to two teams in their antitrust suit.
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February 14, 2025
Construction Groups, DOL Want Pause In DBA Rule Fight
A challenge to the U.S. Department of Labor's final rule updating the math for Davis-Bacon Act prevailing wages needs to be paused while the department's top brass catches up on the litigation, the DOL and the groups suing told a Texas federal court Friday.
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February 14, 2025
Tenn. Baseball Player Denied Early Waiver From NCAA Rules
A Tennessee federal judge has rejected an early request from a college baseball player to override NCAA eligibility rules so he can play for the University of Tennessee before the season starts on Friday.
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February 14, 2025
Defunct Media Co. Agrees To Resolve WARN Act Class Action
Former digital media startup The Messenger has struck a deal to end a class action alleging it failed to give hundreds of workers enough notice about its impending layoffs and shutdown, the company told a New York federal court.
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February 14, 2025
7th Circ. Says Ex-AbbVie Worker Filed Race Bias Suit Too Late
The Seventh Circuit refused to reopen a Black former AbbVie Inc. administrative assistant's suit alleging she was fired for reporting that a colleague used racial slurs and invaded her privacy, ruling the worker had filed her suit months too late.
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February 14, 2025
Acting NLRB GC Pulls Back Biden-Era Guidance Memos
Acting National Labor Relations Board general counsel William Cowen rescinded a series of memos Friday issued by ousted general counsel Jennifer Abruzzo that laid out her view of federal labor law, setting up a new path for the agency during the Trump administration.
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February 14, 2025
Asset Manager Fiera Broke Bonus Promises, Ex-Exec Says
A Massachusetts portfolio manager says Fiera Capital Inc. lured him to the asset management firm with promises he could earn up to $850,000 a year, then sidelined him so he was unable to qualify for bonuses and forced him out a year later.
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February 14, 2025
CFPB's Vought Agrees To Pause Layoffs Amid Union Litigation
The Trump administration agreed to a temporary reprieve for the Consumer Financial Protection Bureau, promising to preserve data and hold off for now on any more broad firings of employees pending a challenge by the agency's union.
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February 14, 2025
Trump Illegally Fired FLRA Chair, Suit Says
The former chair of the Federal Labor Relations Authority is the latest government official to sue President Donald Trump, saying in a complaint filed in D.C. federal court that she was fired illegally.
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February 14, 2025
DOJ Takes Military Bias Dispute With Nev. To 9th Circ.
The U.S. Department of Justice said it will appeal to the Ninth Circuit after a federal judge tossed its suit accusing the state of Nevada and its public employees retirement system of overcharging service members for pension credits.
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February 14, 2025
Judge Leaves Curbs On DOGE Treasury Access After Hearing
A Manhattan federal judge left in place temporary curbs on sweeping powers handed by President Donald Trump to Elon Musk's government-slashing U.S. DOGE Service Temporary Organization, after 19 states challenged the organization's access to U.S. Treasury payment systems.
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February 13, 2025
More CFPB Employees Axed As Union Presses For Injunction
The Trump administration moved late Thursday to slash more of the Consumer Financial Protection Bureau's workforce, initiating another round of layoffs shortly after lawyers for the agency's union petitioned a D.C. federal court for an emergency injunction to prevent it.
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February 13, 2025
Fed. Unions' New Suit Fights Layoffs, Resignation Incentive
A second group of unions representing federal workers has challenged the Trump administration's attempt to shrink the federal workforce through layoffs and a resignation incentive program, telling a D.C. federal judge that the executive branch's actions violate separation-of-powers principles because Congress largely controls federal agencies.
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February 13, 2025
DOD Says Injunction Isn't Needed In Transgender Ban Suit
The U.S. Department of Defense has urged a D.C. federal judge to deny a preliminary injunction in a challenge to an executive order effectively barring transgender troops from serving in the military, saying the motion is premature and unlikely to succeed.
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February 13, 2025
Wash. Justices Wary Of Pay Transparency Law Stances
Washington's highest court grilled attorneys on both sides of a debate over state pay transparency law on Thursday, with some justices suggesting the employer's stance put too much onus on workers while another expressed doubt the protections should extend to people who apply for jobs they have no chance to get.
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February 13, 2025
Tesla, Objector Appeal $730M Chancery Board Pay Deal
Tesla Inc. and a stockholder objector have appealed a Delaware Court of Chancery approval of the return of more than $730 million in director stock, option and grant awards to the company that would resolve a suit accusing the electric-car maker's board of raking in "outrageous" compensation packages that cost the company hundreds of millions of dollars.
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February 13, 2025
Tax Atty's Firing Not Due To Husband's Testimony, Judge Says
A man failed to prove that his testimony against a Connecticut Department of Revenue Services official during a state legislative hearing cost his high-level tax attorney wife her job, a federal judge has ruled, issuing a win to two agency leaders.
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February 13, 2025
Wash. Justices Say Cops At Jan. 6 Riot Can't Stay Incognito
The Washington State Supreme Court on Thursday said four Seattle police officers who attended the Jan. 6 "Stop the Steal" mayhem in D.C. can't litigate their privacy claims under John Doe pseudonyms as the justices rejected their claim that their identities should be shielded under the state's public records law.
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February 13, 2025
Dem AGs Urge Companies To Keep DEI Programs In Place
A coalition of 16 Democratic state attorneys general told companies Thursday not to immediately scrap programs meant to promote diversity, equity and inclusion within their organizations, saying these initiatives are largely legal despite threats from President Donald Trump's administration.
Expert Analysis
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E-Signature Best Practices For Employers After Calif. Ruling
In Garcia v. Stoneledge Furniture, a California appellate court found an arbitration agreement invalid after an employee raised doubts about the authenticity of its e-signature, underscoring the importance of employers implementing additional measures to verify the authenticity of electronically signed documents, say Ash Bhargava and Reece Bennett at Atkinson Andelson.
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Use The Right Kind Of Feedback To Help Gen Z Attorneys
Generation Z associates bring unique perspectives and expectations to the workplace, so it’s imperative that supervising attorneys adapt their feedback approach in order to help young lawyers learn and grow — which is good for law firms, too, says Rachael Bosch at Fringe Professional Development.
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What To Expect As Worker Bias Suit Heads To High Court
The U.S. Supreme Court is set to hear Ames v. Ohio Department of Youth Services, which concerns how courts treat discrimination claims brought by majority group plaintiffs, and its decision could eliminate the background circumstances test, but is unlikely to significantly affect employers' diversity programs, say Victoria Slade and Alysa Mo at Davis Wright.
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Opinion
Congress Can And Must Enact A Supreme Court Ethics Code
As public confidence in the U.S. Supreme Court dips to historic lows following reports raising conflict of interest concerns, Congress must exercise its constitutional power to enact a mandatory and enforceable code of ethics for the high court, says Muhammad Faridi, president of the New York City Bar Association.
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Series
The Pop Culture Docket: Justice Lebovits On Gilbert And Sullivan
Characters in the 19th century comic operas of Gilbert and Sullivan break the rules of good lawyering by shamelessly throwing responsible critical thought to the wind, providing hilarious lessons for lawyers and judges on how to avoid a surfeit of traps and tribulations, say acting New York Supreme Court Justice Gerald Lebovits and law student Tara Scown.
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Mitigating Construction Employers' Risks Of Discrimination
Recent heightened government scrutiny of construction industry employment practices illustrates the need for nondiscriminatory recruitment and proactive assessment of workforces and worksites, including auditing for demographic disparities and taking documented steps to address such issues, say attorneys at Seyfarth.
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Earned Wage Access Laws Form A Prickly Policy Patchwork
Conflicting earned wage access laws across the country, including the Consumer Financial Protection Bureau's recently issued rule, mean providers must adopt a proactive compliance approach and adjust business models where needed, say attorneys at Sheppard Mullin.
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HSR Amendments Intensify Merger Filing Burdens, Data Risk
The antitrust agencies' long-awaited changes to premerger notification rules under the Hart-Scott-Rodino Act stand to significantly increase the time and cost involved in preparing an initial HSR notification, and will require more proactive attention to data issues, says Andrew Szwez at FTI Technology.
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Fla. Ruling May Undermine FCA Whistleblowers' Authority
A Florida federal court's decision in Zafirov v. Florida Medical Associates last month will deprive relators of their ability to bring suits under the False Claims Act, limiting their capability to expose and rectify wrongdoings and potentially affecting billions in FCA recoveries, say Matthew Nielsen and Lily Johnson at Bracewell.
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State Of The States' AI Legal Ethics Landscape
Over the past year, several state bar associations, as well as the American Bar Association, have released guidance on the ethical use of artificial intelligence in legal practice, all of which share overarching themes and some nuanced differences, say Eric Pacifici and Kevin Henderson at SMB Law Group.
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Cos. Should Focus On State AI Laws Despite New DOL Site
Because a new U.S. Department of Labor-sponsored website about the disability discrimination risks of AI hiring tools mostly echoes old guidance, employers should focus on complying with the state and local AI workplace laws springing up where Congress and federal regulators have yet to act, say attorneys at Littler.
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8 Childhood Lessons That Can Help You Be A Better Attorney
A new school year is underway, marking a fitting time for attorneys to reflect on some fundamental life lessons from early childhood that offer a framework for problems that no legal textbook can solve, say Chris Gismondi and Chris Campbell at DLA Piper.
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Navigating Complex Regulatory Terrain Amid State AG Races
This year's 10 attorney general elections could usher in a wave of new enforcement priorities and regulatory uncertainty, but companies can stay ahead of the shifts by building strong relationships with AG offices, participating in industry coalitions and more, say Ketan Bhirud and Dustin McDaniel at Cozen O’Connor.
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How A Trump Win Might Affect The H-1B Program
A review of the Trump administration's attempted overhaul of the H-1B nonimmigrant visa program suggests policies Donald Trump might try to implement if he is reelected, and specific steps employers should consider to prepare for that possibility, says Eileen Lohmann at BAL.
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Compliance Considerations For Calif. Child Labor Audit Law
California employers will need to conduct a fact-intensive analysis to determine whether a new state law that imposes transparency rules for child labor audits applies to their operations, and should look out for regulatory guidance that answers open questions about deadlines and penalties, says Sylvia St. Clair at Faegre Drinker.