Employment

March 26, 2025
Pa. Panel Says Summer Camp Doesn't Make Worker Seasonal

An injured "excursion director" for a Pennsylvania campground can't be considered a seasonal employee — and thus entitled to less in workers' compensation — based solely on the camp's summer operations, a state appellate court ruled Wednesday.
March 26, 2025
Need For Individual Analyses Sinks Class Bid In Vax Bias Suit

A group of former workers claiming they were unlawfully denied medical and religious exemptions from a Pittsburgh public transportation system's COVID-19 vaccination policy cannot proceed as a class, a Pennsylvania federal judge ruled, saying the case involved too many individual issues.
March 26, 2025
Illinois Supreme Court Denies Co.'s BIPA Coverage Appeal

The Illinois Supreme Court left intact an intermediate appellate panel's decision relieving two Liberty Mutual units of covering a home decor company in its underlying dispute with employees who said its timekeeping practices are in violation of the state's biometric data privacy law.
March 26, 2025
Colo. Rehab Center Must Face Nurse's Civil Theft Claim

A Colorado rehabilitation center can't escape a nurse's civil theft claim in her suit alleging the center required her to work through meal breaks without proper pay, a federal judge ruled, saying a longer statute of limitation applies.
March 26, 2025
Trump Admin Asks Justices To End 'Fiscal Micromanagement'

The U.S. Department of Education asked the Supreme Court on Wednesday to vacate a Boston federal judge's order reinstating $250 million in teacher training grants that the Trump administration targeted for cuts, saying the case presents an ideal vehicle to put a stop to "district-court fiscal micromanagement" of the executive branch.
March 26, 2025
Kaiser Left Holiday Pay, Incentives Out Of OT, Worker Claims

Healthcare company Kaiser Permanente miscalculated workers' overtime by leaving out rates for extra days of work and holidays, according to a proposed class action filed in Colorado state court.
March 26, 2025
Goldstein's Devices Must Be Monitored, Judge Affirms

A Maryland federal judge on Tuesday rejected U.S. Supreme Court lawyer and SCOTUSblog publisher Tom Goldstein's request to dismiss a bail condition that requires his electronic devices to be monitored out of concerns that he's been hiding millions in cryptocurrency from the government and could flee while facing tax evasion charges.
March 26, 2025
Crunch Fitness Fails To Pay All Wages, Worker Says

Crunch Fitness failed to pay California-based employees for all their hours worked, improperly calculated their overtime pay and lacked a procedure in place by which workers could accrue paid sick time, a Private Attorneys General Act lawsuit said.
March 26, 2025
House Panel Urges Labor Head To Keep Subminimum Wage

Republican members of a U.S. House committee urged the head of the U.S. Department of Labor on Wednesday to drop a Biden administration proposal to phase out the ability of employers to pay workers with disabilities below the federal minimum wage.
March 25, 2025
Diddy Producer's Atty Gets Warning For 'Shocking' Statement

A New York federal judge threatened counsel for one of Sean "Diddy" Combs' former music producers with sanctions Monday for a pattern of false statements and inappropriate insults in civil sexual assault litigation, calling one statement in the attorney's court filings "not just disturbing, but shocking."
March 25, 2025
Public-Sector Unions Win Bid To Sue In Fed Court For Firings

U.S. District Judge William Alsup said Monday he has jurisdiction to hear claims from public-sector unions over the mass firing of probationary employees within the federal government, flipping from his position last month and splitting from federal courts that have held the claims must be processed through governing labor agencies.
March 25, 2025
Virginia Gov. Vetoes AI Bias Bill, Citing Industry Impact

Virginia's governor has blocked legislation that would have required the developers and deployers of "high-risk" artificial intelligence systems used in employment, healthcare and other areas to implement safeguards against algorithmic discrimination, saying that the "burdensome" proposal would have "stifled" the burgeoning AI industry.
March 25, 2025
Railroad's Trial Win Axed In Suit Over Worker's Cancer Death

Soo Line Railroad Co. must face a new lung cancer trial arising from the death of a former worker after it improperly elicited surprise expert testimony from the man's treating oncologist, a Missouri appeals court ruled Tuesday.
March 25, 2025
11th Circ. Weighs Muldrow Ruling In ASU Gender Bias Case

Alabama State University on Tuesday faced an Eleventh Circuit judge's question on whether its argument for reversing a gender discrimination win for the school's former softball coach holds up under the U.S. Supreme Court's Muldrow ruling for Title VII claims.
March 25, 2025
Coupang Must Face Ex-In-House Atty's Whistleblower Suit

A Washington federal judge on Tuesday said e-commerce retailer Coupang can't escape a whistleblower complaint brought by a former in-house attorney who alleges he was fired after bringing attention to alleged unlawful transactions with Iran in 2021.
March 25, 2025
Ohio Snack-Maker To Pay $1.15M In Worker Wage Settlement

An Ohio federal judge on Tuesday approved a $1.15 million settlement ending a collective action that accused snack manufacturer Shearer's Foods of having employees work overtime without pay, including doing necessary preshift sanitation and preparation work.
March 25, 2025
NCAA Baseball Coaches Ask Court To OK $49M Wage-Fix Deal

A group of Division I volunteer baseball coaches has asked a California federal court to sign off on a proposed settlement under which the NCAA would pay $49.25 million to roughly 1,000 coaches to resolve their proposed antitrust class action challenging a since-repealed "uniform wage fix" bylaw.
March 25, 2025
Coach USA's Ex-Owner Wants WARN Suit Tossed

The private equity firm that used to own bankrupt bus operator Coach USA has asked a New Jersey federal judge to dismiss a lawsuit alleging it and executives of the transportation company didn't provide required notice before layoffs took place last summer.
March 25, 2025
North Carolina OSHA 'Incentive' Suit Dismissed Again

North Carolina labor officials have once again dodged a corrosion control company's lawsuit claiming the state agency wrongfully incentivized workplace safety inspectors to find violations, after a federal judge accepted a magistrate judge's analysis that the latest suit largely copied one that had already been tossed.
March 25, 2025
6th Circ. Won't Rethink Ruling On 'Captive Audience' Memo

A Sixth Circuit panel on Tuesday said it wouldn't rethink its ruling that a Michigan construction trade group lacks standing to challenge the constitutionality of a memo from the National Labor Relations Board former general counsel regarding employers' anti-union meetings.
March 25, 2025
Trans Military Ban Rests On 'Unconvincing' Proof, Judge Says

A Washington federal judge hinted Tuesday he might block the Trump administration's ban on transgender troops later this week, expressing doubt that the U.S. Department of Defense has evidence to back its stance that gender dysphoria alone makes people unfit for military service.
March 25, 2025
Split 10th Circ. Finds Arbitrator Went Too Far With USW Award

A divided Tenth Circuit panel concluded Tuesday that an arbitrator went beyond his powers when finding salaried employees at an HF Sinclair facility in Wyoming must be part of a bargaining unit represented by the United Steelworkers, saying the issue was not brought to arbitration by either party.
March 25, 2025
Expedia, White Job Applicant End Race Bias Suit

A white male job applicant agreed to drop his lawsuit claiming Expedia took back an offer for an executive-level position in favor of a Black woman because of the company's focus on diversity, according to a filing in Texas federal court.
March 25, 2025
'Biased' Arbitration At Stake As Flores, NFL Speak To 2nd Circ.

A Second Circuit panel weighing former NFL coach Brian Flores' discrimination suit against the league acknowledged Tuesday that shipping the aggrieved coach's dispute to arbitration could pave a new course in corporate dispute settlement.
March 25, 2025
Con Ed To Enact Reforms To Settle NY AG's Bias Case

New York utility provider Consolidated Edison Inc. will pay $750,000 and implement a series of workplace reforms to resolve an investigation that found it allowed widespread discrimination and harassment of female and nonwhite employees, state Attorney General Letitia James said Tuesday.

Expert Analysis

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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
Lessons Learned From 2024's Top FMLA Decisions

Last year's major litigation related to the Family and Medical Leave Act underscores why it is critical for employers to understand the basics of when leave and accommodations are required, say attorneys at Dechert.
New Year, New Risks: 8 Top Cyber Issues For Finance In 2025

As financial institutions forge ahead in 2025, they must strike a delicate balance between embracing technological innovation and guarding against its darker threats, which this year could include everything from supply chain vulnerabilities to deepfakes, say attorneys at Baker Donelson.
Lessons Learned From 2024's Top ADA Decisions

Last year's major litigation related to the Americans with Disabilities Act highlights that when dealing with accommodation requests, employers must communicate clearly, appreciate context and remain flexible in addressing needs, say attorneys at Dechert.
Series

Playing Esports Makes Me A Better Lawyer

Competing in a global esports tournament at Wimbledon last year not only fulfilled my childhood dream, but also sharpened skills that are essential to my day job, including strategic thinking, confidence and networking, says AJ Schuyler at Jackson Lewis.
Lessons From The SEC's 2024 Crackdown On AI Washing

AI washing was the subject of increased scrutiny from the U.S. Securities and Exchange Commission in 2024 following a surge in the commercial adoption of generative artificial intelligence technologies in 2023, highlighting the importance of transparency, accuracy and accountability when communicating about AI, say attorneys at Perkins Coie.