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Employment
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March 13, 2025
Colo. Panel Keeps Workers' Comp Law Out Of Contractor Suit
An independent contractor cannot use Colorado's workers' compensation law to limit the damages awarded to a colleague for his negligence claim over an on-the-job injury, a state appeals panel ruled Thursday, saying that the two worked together, but not for each other.
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March 13, 2025
6th Circ. Won't Rehear Ex-Electric Co. Exec's Severance Suit
The Sixth Circuit will not rethink its panel decision upholding the dismissal of a severance suit brought by American Electric Power Services Corp.'s former chief digital officer who claimed he was shortchanged on his way out the door, according to a Thursday order.
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March 13, 2025
Duke University Must Face Narrowed Race Bias Suit
A North Carolina federal judge narrowed, but refused to fully dismiss, a suit against Duke University from a Black former worker who said he was fired after complaining that his boss made racially offensive comments, such as telling him he looked "too dark" on a video conference.
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March 13, 2025
J&J Unit Drops Noncompete Suit Against Ex-Marketing Exec
Johnson & Johnson's vision unit has agreed to drop its claims against a former marketing director after reaching a settlement on allegations that she breached a noncompete agreement, according to a Thursday order in New Jersey federal court.
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March 13, 2025
Payroll Co. Accuses Ex-Managers Of Driving 'Mass Defection'
A Georgia-based payroll software company has sued three former managers and the rival company that the ex-employees allegedly conspired to engineer a "mass defection" of workers to last year.
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March 13, 2025
UPenn Slams White Law Prof's Race Bias Claims
The University of Pennsylvania's trustees pushed back Wednesday against a law professor's claim that her contract with the school was breached when she was sanctioned for racist remarks, saying it followed disciplinary procedures laid out in the faculty handbook.
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March 13, 2025
Meta Blocks Ex-Exec From Promoting Tell-All Memoir
An international arbitrator issued an emergency ruling Wednesday blocking former Meta executive Sarah Wynn-Williams from promoting her recently released tell-all memoir "Careless People: A Cautionary Tale of Power, Greed and Lost Idealism," finding that Meta has shown it'll likely win its nondisparagement claim against the author.
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March 13, 2025
Rikers Fails To Pay For OT Work, Correction Officers Say
New York City fails to take into account preshift tasks and extra compensation correction officers working on Rikers Island receive when calculating their overtime wages, a proposed collective action filed in federal court said.
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March 13, 2025
5th Circ. Sides With NLRB On Reconsidered Exxon Ruling
The National Labor Relations Board didn't overstep by wiping out and rethinking a decision involving an Exxon Mobil unit after learning a member had a stake in the company, the Fifth Circuit said, enforcing the board's ruling that the company sabotaged negotiations with a union.
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March 13, 2025
DOL Board Revives H-2B Bid For Hyundai EV Plant
A U.S. Department of Labor appeals board revived a company's application to hire 120 H-2B workers to install an automated guided vehicle system at a Hyundai electric vehicle plant, saying the agency failed to adequately raise or justify its concerns.
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March 13, 2025
Navy Escapes Civilian Mechanic's Race Bias Suit
The U.S. Navy defeated a Black civilian mechanic's suit claiming he was denied training opportunities and humiliated by a racist video in front of white and Hispanic colleagues, with a California federal judge finding the actions didn't negatively impact his employment.
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March 13, 2025
Judge Orders Reinstatement Of Many Fired Federal Workers
A California federal judge on Thursday ordered the immediate reinstatement of certain probationary employees fired from six federal agencies, saying the Office of Personnel Management did not have the authority to direct those terminations, making the firings "unlawful."
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March 13, 2025
Worker's Missed Deposition Dooms Wage Case, Co. Says
A former employee of a logistics firm refuses to voluntarily dismiss his wage and hour collective action despite failing to show up for his deposition and expressing that he no longer wishes to pursue the case, the company argued as it urged a North Carolina federal court to toss the suit.
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March 13, 2025
States Sue To Halt Cuts At Education Dept.
A group of 21 Democratic attorneys general sued the Trump administration Thursday in an effort to halt mass layoffs at the Department of Education, calling it an illegal move that will wreak havoc on states' educational systems.
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March 13, 2025
Jackson Lewis Adds Disney, Fisher Phillips Employment Pros
Employment law firm Jackson Lewis PC is expanding its ranks, bringing in a former director of labor relations at the Walt Disney Co. as a principal in its Los Angeles office and a former Fisher Phillips litigator as a principal in its Houston office.
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March 12, 2025
Fox News Cleared Of Sex Assault Claims, But Anchor Isn't
A New York federal judge on Wednesday agreed to free Fox News from a suit alleging that former host Ed Henry sexually harassed and raped a former producer but held that Henry must face the bulk of her claims before a jury trial set for May.
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March 12, 2025
'Not An Autocracy': Judge Says Trump Can't Fire FLRA Chair
President Donald Trump last month unlawfully fired the Democratic chair of the Federal Labor Relations Authority, a Washington, D.C., federal judge ruled Wednesday, saying the government "is not an autocracy" that allows the president to "remove federal officials on a whim."
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March 12, 2025
7th Circ. Revives Suit By Law Professor Disciplined Over Exam
The Seventh Circuit on Wednesday revived a retaliation claim from a University of a law school professor at the University of Illinois in Chicago who was disciplined for including a redacted racist slur on an exam, saying the professor has plausibly alleged that his academic speech is protected by the First Amendment.
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March 12, 2025
DC Judge Challenges DOD Over Trans Military Ban Policy
A D.C. federal judge said at a hearing Wednesday that Defense Secretary Pete Hegseth either intends to ban transgender people from the military entirely or he's "sloppy" and says things on social media that contradict the policy he wrote.
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March 12, 2025
Wells Fargo Can't Force Adviser's Widow To Arb., Panel Finds
Wells Fargo can't force a deceased employee's widow to arbitrate her claims that she never received certain stipulated benefits after her husband's death because the widow never agreed to arbitrate those claims, a California state appeals court has determined.
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March 12, 2025
Shepherd Blasts Ranchers' Bid To End Wage-Fixing Suit
A Peruvian sheepherder has asked a Nevada federal judge not to dismiss his proposed antitrust class action alleging that a ranching association and its members conspired to suppress migrant workers' wages, arguing that he has detailed information about when the member ranches agreed to follow the association's prohibitions on employee transfers or recruitment.
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March 12, 2025
Tech Mahindra Urges Justices To Nix White Worker's Bias Suit
Tech Mahindra asked the U.S. Supreme Court to review a Third Circuit's ruling reviving a proposed class action claiming the information technology company favored South Asian employees, arguing it deepened a circuit split by greenlighting a case that should have been time-barred.
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March 12, 2025
Texas Jury Awards Staffing Co. $14M Verdict Against Dynata
A Texas state jury handed a mostly clean sweep to a staffing company that accused market research company Dynata LLC of withholding payment for months of work, awarding about $14 million Wednesday after a trial in a Texas state court that lasted about a week.
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March 12, 2025
Education Dept. Eyes Appeal After Teacher Grants Revived
President Donald Trump's administration opened two lines of attack on a Boston federal judge's order temporarily reinstating $250 million in U.S. Department of Education grants for teacher training that were cut last month because of their ties to diversity, equity and inclusion efforts, filing an appeal with the First Circuit while also seeking an emergency stay.
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March 12, 2025
Mich. Justices Fret About Insurer Fallout In Benefits Case
The Michigan Supreme Court on Wednesday seemed receptive to an insurance pool's argument that it does not owe coverage to a municipality for canceling a retirement benefit, asking about the potential for a major impact on the industry were it to affirm an adverse ruling.
Expert Analysis
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7th Circ. Travel Time Ruling Has Far-Reaching Implications
In a case of first impression, the Seventh Circuit’s recent holding in Walters v. Professional Labor Group will have significant implications for employers that must now provide travel time compensation for employees on overnight assignments away from home, says Anthony Sbardellati at Akerman.
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Pa. Ruling Highlights Challenges Of Employer Arb. Appeals
A Pennsylvania federal court's recent ruling in Welch Foods v. General Teamsters Local Union No. 397 demonstrates the inherent difficulties employers face when seeking relief from labor arbitration decisions through appeals in court — and underscores how employers are faced with often conflicting legal priorities, says Daniel Johns at Cozen O'Connor.
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7 Ways To Prepare For An I-9 Audit Or Immigration Raid
Because immigration enforcement is likely to surge under the upcoming Trump administration, employers should take steps to ensure their staff is trained in employment eligibility verification requirements and what to do in the event of an Immigration and Customs Enforcement I-9 audit or workplace raid, say attorneys at Littler.
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Args In 2 High Court Cases May Foretell Clarity For Employers
Mary Anna Brand at Maynard Nexsen examines possible employment implications of two cases argued before the Supreme Court this fall, including a higher bar for justifying employees as overtime exempt under the Fair Labor Standards Act, and earlier grants of prevailing party status for employee-plaintiffs seeking attorney fees.
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California Supreme Court's Year In Review
Attorneys at Horvitz & Levy highlight notable decisions on major questions from the California Supreme Court's last term, including voter initiatives, hostile work environment and the economic loss rule.
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Disentangling Various Forms Of Workplace Discrimination
Pay inequity can be missed where it exists and misidentified due to incorrect statistics, leaving individuals to face multiple facets of discrimination connected by a common root cause, meaning correct identification and measurement is crucial, says Daniel Levy at Advanced Analytical.
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What Lawyers Can Learn From High School AI Suit
A pending Massachusetts lawsuit regarding artificial intelligence use in an academic setting underscores the need for attorneys to educate themselves on AI technology and tools that affect their clients so they can advise on establishing clear expectations and limits around the permissible use of AI, say attorneys at Hinckley Allen.
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Calif. Ruling May Shield Public Employers From Labor Claims
In Stone v. Alameda Health System, the California Supreme Court recently exempted a county hospital from state-mandated rest breaks and the Private Attorneys General Act, granting government employers a robust new bulwark against other labor statutes by undermining an established doctrine for determining if a law applies to public entities, say attorneys at Hunton.
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Best Practices For Effective Employee Assistance Programs
Employee assistance programs can be a powerful tool for establishing health and wellness initiatives in workplaces, and certain implementation steps can help both employers and workers gain maximum benefit from EAPs, say attorneys at Foley & Lardner.
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Series
Flying Makes Me A Better Lawyer
Achieving my childhood dream of flying airplanes made me a better lawyer — and a better person — because it taught me I can conquer difficult goals when I leave my comfort zone, focus on the demands of the moment and commit to honing my skills, says Ivy Cadle at Baker Donelson.
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NLRB One-Two Punch Curbs Employer Anti-Organizing Tools
The National Labor Relations Board’s recent decisions in Siren Retail and Amazon, limiting employer speech about the impact of unionization and outlawing captive audience meetings, severely curtail employers' arsenal of tools to combat an organizing campaign — though this may soon change under a new administration, say attorneys at Benesch.
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Key Requirements In New Maryland Pay Transparency Laws
Although several jurisdictions now require pay transparency in job advertisements, Maryland's new law is among the broadest in the country, both in terms of what is required and the scope of its applicability, says Sarah Belger at Quarles & Brady.
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What Trump's Next Term May Mean For Biz Immigration
Leonard D'Arrigo at Harris Beach discusses the employment-based immigration policies businesses can potentially expect during President-elect Donald Trump’s second term, based on policies enacted during his first administration, statements made during his campaign and proposals in Project 2025.
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Lessons From EEOC Case Of Fla. Worker Fired After Stillbirth
A recent federal court settlement between a Florida resort and a fired line cook shows that the U.S. Equal Opportunity Employment Commission sees stillbirth as protected under the Pregnant Workers Fairness Act, also providing four other important lessons, says Gordon Berger at Pierson Ferdinand.
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What Higher Education Can Expect From A 2nd Trump Admin
The election of Donald Trump for a second presidential term has far-reaching ramifications for colleges and universities — come January, institutions can expect a crackdown on DEI, increased scrutiny of campus protests, a rollback of the Biden administration's Title IX rules and more, say attorneys at Jenner & Block.