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Employment
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March 14, 2025
Texas Restaurant Offered Worker $1K, Seeks To End Tip Suit
A Houston-area restaurant told a Texas court Friday that it offered $1,000 to a former server who claimed it failed to inform her that she would have to pay for her uniforms, saying the worker's proposed collective action should be tossed.
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March 14, 2025
Ex-NJ Health Official Settles Suit Over COVID Whistleblowing
A former New Jersey health official's long-running suit alleging that he was fired for raising concerns about political favoritism connected to COVID-19 testing during the onset of the pandemic appears to have been settled, according to a docket notation.
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March 14, 2025
LA Lands Deal With Airline Caterer To End Wage Law Dispute
An airline caterer accused of violating a Los Angeles city ordinance through its pay practices told a California federal court it resolved its dispute with the city, which had launched an investigation, after the caterer settled claims with a class of employees, according to City Council meeting records.
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March 14, 2025
Worker Sues NBA's Suns For Age Discrimination, Retaliation
A 46-year-old video engineer filed an age discrimination lawsuit against the NBA's Phoenix Suns, alleging the organization coerced him into changing his employment status to contractor and forced him to work in a rodent-infested garage when he complained.
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March 14, 2025
Conn. City, Worker Settle Teamsters Union Membership Suit
A Connecticut city has settled a public works employee's claim that he was fired for joining a local Teamsters union after pressure from the mayor and other bosses to invoke a 2018 U.S. Supreme Court case that allows government employees to avoid paying union dues.
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March 14, 2025
4th Circ. Reluctant To Loosen EEOC Charge Requirement
A Fourth Circuit panel seemed hesitant Friday to revive a bias case from a worker whose presuit U.S. Equal Employment Opportunity Commission charge didn't specifically name one of the entities he hauled into court, with one judge expressing "apprehension" about adopting a widely used exception to charge filing rules.
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March 14, 2025
7th Circ. Backs Arbitrator Finding COVID Is No 'Act Of God'
A distribution service provider failed to support its argument that an "act of God" exemption in a contract it had with a Teamsters chapter allowed the company to reduce workers' hours during the coronavirus pandemic, the Seventh Circuit ruled, keeping in place an arbitrator's conclusion.
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March 14, 2025
Combs Jury To Be Closely Vetted For May Trial
A Manhattan federal judge said Friday that he plans to open Sean "Diddy" Combs' criminal trial on sex-trafficking charges on May 12 after a lengthy jury-vetting process, laying out his plan after the jailed hip-hop icon denied charges in a superseding indictment.
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March 14, 2025
PGA Beats Fired Christian Worker's COVID Vax Bias Suit
A former PGA Tour employee did not show religious bias motivated his firing, a Florida federal judge ruled when dismissing the case, finding instead he was let go for shirking COVID-19 testing requirements presented as an alternative to the organization's vaccination mandate.
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March 14, 2025
Post-Gazette Print, Ad Workers Take Buyout After Court Loss
Striking production and advertising workers at the Pittsburgh Post-Gazette have reached a deal to take a buyout from the newspaper's publisher, the Communications Workers of America announced Thursday, just weeks after the National Labor Relations Board lost its bid to restart bargaining between the paper and the workers' unions.
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March 14, 2025
Off The Bench: Ex-Jet Sues Over Favre Clip, New Soccer Build
In this week's Off The Bench, a retired football superstar claims an argument with icon Brett Favre should have never been aired on television, one trading card company gets the upper hand on another in dueling antitrust suits, and an English soccer club opts for a new stadium over a rebuild of the old one.
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March 14, 2025
Mass. Justices Say Transit Agency Not Immune In Assault Suit
Massachusetts' highest court said Friday that the public transit agency in Greater Boston is not immune from claims that it negligently hired and retained a bus driver with an alleged known history of anger management issues who later beat up a customer and left him with a traumatic brain injury.
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March 14, 2025
NYC Asylum Shelter Co. Illegally Fired Workers, Suit Says
A New York City contractor that provided shelter for asylum-seekers illegally laid off more than 200 employees without notice a class action filed in federal court said.
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March 13, 2025
Feds Can't Pause NYC Congestion Pricing Cases
A New York federal judge denied the federal government's request to prioritize a case filed by Empire State transportation authorities over a newly launched Manhattan congestion pricing program that the Trump administration has moved to kill, saying Thursday the court wouldn't stay other cases over the program that are further along.
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March 13, 2025
Fla. Nursing Home Dodged Union After Transfer, NLRB Says
A National Labor Relations Board judge ruled that employees of a Florida nursing home were entitled to backpay and compensation for unused paid time off, finding that workers weren't told in advance that their facility switched operators in violation of a union collective bargaining agreement.
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March 13, 2025
Soulja Boy Beat And Raped Assistant, Jury Told As Trial Starts
The artist known as Soulja Boy physically and sexually abused a live-in personal assistant for nearly two years, jurors in California state court heard on the first day of a civil assault and employment trial against the "Crank That" rapper on Thursday.
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March 13, 2025
Judge Trims Claims Of Botched Federal Savings Transition
A D.C. federal judge trimmed a proposed class of federal employees and their family members' claims against two companies that manage workers' retirement plan and the plan's board Wednesday, tossing claims of negligence and breach of fiduciary duty but leaving breach of contract and unjust enrichment claims intact.
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March 13, 2025
Buehler's Managers Say Grocery Chain Flouts OT Laws
Grocery chain Buehler's Fresh Foods is accused of failing to pay overtime wages to catering, produce, kitchen and bakery managers who put in more than 40 hours per workweek but were wrongly classified as exempt, according to a proposed collective action filed in Ohio federal court.
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March 13, 2025
UAW Says Volkswagen Dodging Union On Shift Changes
Volkswagen has violated federal labor law by looking to conduct layoffs as part of a shift reduction at a recently unionized plant in Tennessee without bargaining with the union, the United Auto Workers claim in an unfair labor practice charge filed Thursday with the National Labor Relations Board.
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March 13, 2025
Chicago Teachers' Pension Fund Beats Accountant's Bias Suit
The Chicago Teachers' Pension Fund defeated Thursday a former accountant's lawsuit claiming he was passed over for promotions and ultimately fired because he was a Black man in his 60s, with an Illinois federal judge finding it was his declining job performance that cost him the job.
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March 13, 2025
2nd Circ. Won't Revive Saks, Luxury Brands No-Poach Case
A Second Circuit panel refused Thursday to revive an antitrust suit from former Saks Fifth Avenue employees over the retailer's alleged agreements with Gucci, Louis Vuitton and other luxury fashion houses to not hire workers from its stores.
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March 13, 2025
Bumble Bee Foods Accused Of Benefiting From Forced Labor
Four Indonesian villagers who allege they were trapped in abusive and dangerous slave-working conditions for years aboard tuna fishing vessels sued Bumble Bee Foods LLC in California federal court, accusing the seafood giant of knowingly benefiting from forced labor in violation of the Trafficking Victims Protection Act.
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March 13, 2025
Ga. Court Nixes Reinstatement Of Officer Who Beat Jail Inmate
The Georgia Court of Appeals has reversed a trial court decision that reinstated to his job a former Athens-Clarke County police officer who was found to have beaten a person incarcerated in county jail, ruling there was enough evidence to justify the officer's firing for the assault.
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March 13, 2025
Fed Unions Challenge Dissolution Of TSA Officers' Labor Deal
A union coalition sued the U.S. Department of Homeland Security in Washington federal court Thursday, claiming it arbitrarily shredded a contract covering airport security officers to punish their union for challenging the president's "anti-worker actions" in court.
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March 13, 2025
Home Chef, Staffing Co. Sued Over Harassment Firing
A staffing agency and Relish Labs LLC, the legal entity behind meal kit delivery service Home Chef, have been sued in Georgia federal court by a former employee who alleged she was fired after reporting sexual harassment she suffered at the hands of a co-worker.
Expert Analysis
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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.
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What Axed Title IX Gender Identity Rule Means For Higher Ed
Following a Kentucky federal court's recent decision in State of Tennessee v. Cardona to strike down a Biden-era rule that expanded the definition of Title IX to prohibit discrimination on the basis of gender identity, institutions of higher education should prepare to reimplement policies that comply with the reinstated 2020 rule, say attorneys at Venable.
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A Path Forward For Cos. Amid Trump's Anti-DEIA Efforts
Given the Trump administration’s recent efforts targeting corporate diversity, equity, inclusion and accessibility programs — including threatening possible criminal prosecution — companies should carefully tailor their DEIA initiatives to comply with both the letter and the spirit of antidiscrimination law, say attorneys at Pillsbury.
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Workforce Data Collection Considerations After DEI Order
Following President Donald Trump's executive order targeting diversity, equity and inclusion efforts, employers should balance the benefits of collecting demographic data with the risk of violating the order’s prohibition on "illegal DEI," say Lynn Clements at Berkshire Associates, David Cohen at DCI Consulting and Victoria Lipnic at Resolution Economics.
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Evidence Rule May Expand Use Of Out-Of-Court Statements
A proposed amendment to Federal Rule of Evidence 801(d)(1)(A) would broaden the definition of nonhearsay, reflects a more pragmatic approach to regulating the admissibility of out-of-court statements by declarant-witnesses, and could help level the playing field between prosecutors and criminal defendants, say attorneys at Hangley Aronchick.