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Employment
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March 11, 2025
Goldstein Wants Look At Testimony On Alleged Obstruction
U.S. Supreme Court lawyer and SCOTUSblog publisher Tom Goldstein asked a Maryland federal judge to let him see grand jury material related to the government's claim that he offered to pay a potential witness cryptocurrency in his tax evasion case.
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March 11, 2025
Dykema Doubles Houston Roster With 7 New Atty Hires
Dykema Gossett PLLC has expanded in Houston with the addition of seven attorneys, five of whom joined from Kane Russell Coleman Logan PC and two who came aboard from Hirsch & Westheimer PC.
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March 11, 2025
Mining Equipment Co., Worker Strike Deal To End Bias Suit
A mining equipment company agreed to settle a Hispanic employee's suit claiming it unlawfully revoked his mentorship responsibilities and meddled with his accommodations after an on-the-job finger injury, according to a filing in Texas federal court.
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March 11, 2025
Bipartisan Bill Penalizing Child Labor Violations Reintroduced
A bill that would heavily penalize companies that have been found in violation of child labor laws and would bar them from securing government contracts has been reintroduced by two senators.
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March 11, 2025
6th Circ. Backs Motorola In Fired Tech's Disability Bias Suit
A split Sixth Circuit panel upheld the dismissal of a Motorola worker's suit claiming he was fired after he requested a schedule change due to his nocturnal epilepsy, ruling his case fell flat because he never filed a formal accommodation request with the company.
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March 11, 2025
Staffing Co. Recruiters Certified As Class, Collective In OT Suit
A group of recruiters showed that the staffing agency they accused of misclassifying them as overtime-exempt under federal law applied the same policies to its workforce, a Pennsylvania federal judge ruled, greenlighting a collective and several classes.
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March 11, 2025
Trump Admin Must Restore $250M In Teacher Grants For Now
A federal judge in Massachusetts late Monday ordered the Trump administration to temporarily restore $250 million in funding for teacher training grants that it had slashed over their ties to diversity, equity and inclusion initiatives.
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March 10, 2025
Whole Foods Workers Can't Have Class Cert. In Bonus Suit
A Washington, D.C., federal judge Monday refused to certify a class of past and present Whole Foods employees who accuse the grocery chain of gaming its employee bonus program, saying there are too many individualized questions to resolve the plaintiffs' claims on a classwide basis.
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March 10, 2025
Dynata Would 'Hopefully' Have Paid Bill, Staffing Co. Says
The CEO of a staffing company told an attorney for Dynata LLC that it has nobody to blame but itself for a class action accusing Dynata of misclassifying workers' employment status, adding during a trial in Texas state court that the company can't claim breach of contract to justify withholding $8 million to the staffing company.
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March 10, 2025
Kyocera AVX Defeats Suit Over 2023 Data Breach
A South Carolina federal judge has freed Kyocera AVX from a proposed class action that accused the electronic components manufacturer of failing to protect more than 39,000 employees' sensitive personal information in a 2023 cyber attack, saying former employees failed to allege a substantial risk of fraud or identity theft.
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March 10, 2025
J. Crew Wins Confirmation Of Ex-GC's Arbitration Loss
A New York federal judge confirmed an arbitrator's ruling Monday that found J. Crew hadn't fired its former legal chief, Maria DiLorenzo, in retaliation for her complaints about colleagues' discriminatory comments about her hearing loss.
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March 10, 2025
NPR Botched Chinese Worker's Visa App, Bias Suit Says
A former National Public Radio brand director on Friday hauled the American public broadcaster into D.C. federal court, claiming NPR botched her application for a work visa and then refused to rehire her when she later secured the visa.
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March 10, 2025
Alsup Refuses To Vacate Hearing Into OPM Mass Firings
U.S. District Judge William Alsup on Monday denied the Trump administration's request to vacate an upcoming evidentiary hearing into the U.S. Office of Personnel Management's mass firings of probationary federal employees, and required OPM director Charles Ezell to appear in person or else be deposed.
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March 10, 2025
Tribal Nations, Students Sue Feds Over School Staffing Cuts
Three tribal nations and five Native American students are asking a D.C. federal court to block a Trump administration executive order calling for large-scale federal workforce reductions, saying the directive devastated operations and undermined Bureau of Indian Education schools across the nation.
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March 10, 2025
All Agencies Trump Ordered To Drop DEI Must Heed Injunction
A preliminary injunction blocking President Donald Trump's executive orders axing diversity, equity and inclusion-related work applies equally to all executive agencies given directives to purge the programming, a Maryland federal judge said Monday.
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March 10, 2025
11th Circ. Urged To Find Qui Tam Cases Unconstitutional
A group of defendants accused of Medicare Advantage fraud urged the Eleventh Circuit on Monday to uphold a decision finding the False Claims Act's whistleblower provision unconstitutional, saying the statutory clause violates the Constitution in multiple ways.
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March 10, 2025
Promotional Product Co. Faces Ex-Worker's Race Bias Suit
A Florida-based promotional product distributor has been sued in Georgia federal court by a Black former employee who alleges that she was discriminated against by an executive, denied promotions and then fired after asking whether her first-ever negative performance review was race-related.
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March 10, 2025
FTC Wants Pause On Noncompete Appeals, Pending Decision
The Federal Trade Commission is asking two circuit courts to pause their reviews of its ban on noncompete clauses, saying it needs time to reconsider whether it actually wants to defend the rule.
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March 10, 2025
Paxton Says Ex-Aides Want Excessive Whistleblower Atty Fees
The Texas attorney general's office and four of Ken Paxton's former deputies took jabs at each other over whether a court should hear more evidence in their long-running whistleblower suit, with the office alleging the aides have sought attorney fees outside the scope of the case while the ex-employees say the office "misses the point."
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March 10, 2025
Bad Bunny Sports Firm Settles Contract Dispute With MLBPA
The sports firm of music superstar Bad Bunny has reached a settlement that will end its dispute with the Major League Baseball Players Association, which it had accused in a Puerto Rico federal court lawsuit of killing its business with unreasonable sanctions.
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March 10, 2025
Michigan Told To Take A Stance On Clinic's Gender Policies
A federal judge said Monday that Michigan can't stay mum on whether a religious medical clinic's pronoun, gender transition and faith-based hiring policies violate state law, as the clinic sues to block the law's enforcement.
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March 10, 2025
Ex-Package Co. Worker Wants 6th Circ. Redo In ADA Suit
A former mill utility worker is urging the Sixth Circuit to rehear his suit claiming a packaging manufacturer wouldn't let him return to work because he asked for a medical accommodation, arguing an appellate panel's ruling ignored key evidence at trial, including that he could have worked in a lighter-duty role.
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March 10, 2025
Ga. Health System Says 'Vague,' 'Disorganized' Bias Suit Fails
A Georgia urologists' practice group on Monday hit back at a civil rights lawsuit from three doctors who said they were the victims of anti-Indian discrimination, arguing that their "shoot first and aim later" complaint fails to tie the company at all to their allegations.
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March 10, 2025
Judge May Pause Trump Admin's Cuts To Teacher Training
A Massachusetts federal judge hinted Monday it would be reasonable to order the U.S. Department of Education to temporarily reinstate $250 million in teacher-training grants targeted for cuts by the Trump administration over their ties to diversity, equity and inclusion initiatives.
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March 10, 2025
Senate Confirms Trump's Labor Secretary Pick
The U.S. Senate confirmed President Donald Trump's nominee for labor secretary Monday evening, with support from more than a dozen Democrats and opposition from some members of the nominee's own party.
Expert Analysis
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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.
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AI Monitoring And FCRA: Employer Compliance Essentials
As the Consumer Financial Protection Bureau and the Federal Trade Commission signal determination to treat AI-based workplace surveillance as a potential Fair Credit Reporting Act issue, employers must commit to educating HR and compliance staff on these quickly evolving regulatory expectations, say attorneys at Sheppard Mullin.
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Series
Circus Arts Make Me A Better Lawyer
Performing circus arts has strengthened my ability to be more thoughtful, confident and grounded, all of which has enhanced my legal practice and allowed me to serve clients in a more meaningful way, says Bailey McGowan at Stinson.
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Opinion
Weak Reasoning Underlies Fla. Judge's Bold Qui Tam Ruling
U.S. District Judge Kathryn Mizelle's groundbreaking decision in U.S. ex rel. Zafirov v. Florida Medical Associates LLC, holding that qui tam provisions of the False Claims Act are unconstitutional, relies on weak logic to reach a conclusion that differs from every other court that has ruled on the issue, says Ethan Greenberg at Anderson Kill.
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FTC Focus: Zeroing In On Post-Election Labor Markets
The presidential election and the push-and-pull of the administrative state's reach are likely to affect the Federal Trade Commission's focus on labor markets, including the tenor of noncompete rule enforcement, say attorneys at Proskauer.
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3 Ways To Train Junior Lawyers In 30 Minutes Or Less
Today’s junior lawyers are experiencing a skills gap due to pandemic-era disruptions, but firms can help bring them up to speed by offering high-impact skill building content in bite-sized, interactive training sessions, say Stacey Schwartz at Katten, Diane Costigan at Winston & Strawn and Lauren Tierney at Freshfields.
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Advising Employers As AI Meets DEI And Discrimination
Excerpt from Practical Guidance
Though companies can use artificial intelligence tools to develop more diverse and inclusive workforces, counsel should also prepare employers for how AI can stymie these efforts, provoke discrimination claims and complicate resulting litigation, says Emily Schifter at Troutman Pepper.
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8 Tech Tips For Stress-Free Remote Depositions
Court reporter Kelly D’Amico shares practical strategies for attorneys to conduct remote depositions with ease and troubleshoot any issues that arise, as it seems deposition-by-Zoom is here to stay after the pandemic.
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Timing Of An NLRB Power Shift Hinges On Biden Nominees
President-elect Donald Trump seems certain to shake up the National Labor Relations Board's prounion Democrat majority, but the incoming president's timing depends on whether the current Senate confirms two pending nominees to board positions, say attorneys at Fox Rothschild.