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Employment
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April 01, 2025
AG Paxton Objects To Whistleblowers' $2.4M Fee Award
The Texas attorney general's office color-coded over 100 pages of billing records provided by attorneys for its former deputies, telling an Austin court that eight categories of their work should be subtracted from a proposed $2.4 million fee award.
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April 01, 2025
Nurse's Job Denial Dispute With Senior Home Stays In Court
A senior living home operator must face a federal lawsuit claiming it violated the New York City Human Rights Law by retracting a nurse's job offer because she refused to consent to a credit check, a New York federal judge ruled, denying the company's bid to compel arbitration.
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April 01, 2025
7th Circ. Revives Officer's Back Pay Bid In ADA Row
The Seventh Circuit reinstated Tuesday a former corrections officer's back pay request that was rejected by a lower court after a jury found the county sheriff he worked for violated disability bias law by subjecting him to an unnecessary medical exam, but didn't owe him any damages.
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April 01, 2025
Ex-Exec Accuses Deutsche Bank Of Audit Lies, Retaliation
A former high-ranking official with Deutsche Bank has sued the bank for whistleblower retaliation and libel over what he said was a false human resources complaint concocted to fire him for cause after he flagged the bank's alleged lies to federal regulators about operational control issues.
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April 01, 2025
Trump Admin Fights Wash.'s Bid To Expand Layoff Injunction
The Trump administration has urged a California federal judge to reject the state of Washington's request to expand an injunction blocking federal agencies from firing probationary employees, saying the bid to broaden the order to other agencies is unnecessary and based on unfounded speculation of harm.
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April 01, 2025
NBA Wants No Extra Shot At Vax Discrimination Claim For Ref
Former NBA referee Leroy Richardson lost in a "final and binding" arbitration of his religious discrimination claim against the league, and thus should not be awarded a win in his suit over his firing for refusing a COVID-19 vaccination, the NBA has told a New York federal court.
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April 01, 2025
Unions Re-Up Challenge To Trump's Resignation Offer
Federal unions have renewed their challenge to the president's deferred resignation offer, expanding on their members' difficulties and the roadblocks they face to fighting the initiative through agency channels in an apparent effort to address flaws underlying their earlier Massachusetts federal court loss.
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April 01, 2025
College Fired Staffer Over Pro-Palestinian Views, Suit Says
A former Emerson College employee says the school ousted her over her pro-Palestinian political views and decisions to include controversial documentaries dealing with the Israeli-Palestinian conflict in a campus film series, according to a lawsuit filed Tuesday in Massachusetts state court.
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April 01, 2025
Jack Nicklaus Defeats Suit Over NIL Rights
Golfing legend Jack Nicklaus won a ruling in New York state court dismissing claims by his former company over the use of his name, image and likeness.
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April 01, 2025
Mich. Justices Urged To Reject Shorter Worker Suit Deadlines
A trial lawyers' association has advocated for the Michigan Supreme Court to end employers' ability to contractually shorten the limitations period for employee lawsuits, saying such contract terms weaken workers' civil rights protections.
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April 01, 2025
Carnival Biz, H-2B Visa Workers To Settle Wage Suit
A carnival business that tours the East Coast and two H-2B visa workers who alleged that it forced them to work long hours in sometimes dangerous conditions without overtime pay have agreed to settle a proposed class action, according to Virginia federal court records.
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April 01, 2025
Amazon Says Workers Can't Rewrite 2nd Circ.'s Wage Queries
Amazon has asked Connecticut's highest court not to reframe certified Second Circuit questions about whether its employees must be paid while walking to mandatory anti-theft screenings at the ends of their shifts, arguing that state court rules ban them from altering the circuit's words.
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April 01, 2025
Fired NLRB Member Urges Full DC Circ. To Avert 'Crisis'
Fired National Labor Relations Board member Gwynne Wilcox urged the full D.C. Circuit to rethink a panel ruling staying her reinstatement, saying Tuesday that en banc review is "urgently necessary" after a majority enabled governmentwide chaos by rewriting U.S. Supreme Court precedent.
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April 01, 2025
Bloomberg Campaign Scores Partial Win In Unpaid OT Suit
Michael Bloomberg's 2020 presidential campaign organization attained a partial win in a suit accusing it of not paying field organizers minimum wage, a New York federal judge ruled, saying that the campaign wasn't a covered enterprise under the Fair Labor Standards Act and that certain state law claims were rootless.
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April 01, 2025
6th Circ. Lets Feds End Whistleblower's NASA Contractor Suit
The Sixth Circuit stood by a lower court's decision to let the federal government intervene and successfully seek dismissal for a whistleblower's False Claims Act suit against a NASA contractor, applying a 2023 U.S. Supreme Court precedent to back the government's recent tear of dismissal bids in FCA cases.
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April 01, 2025
NC Atty Gets $775K Fee For Multistate Wage Verdict
A North Carolina federal judge has awarded $775,000 in attorney fees to the workers of an Apple-affiliated repair company following their six-figure win in a multistate wage class action over back wages and damages.
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April 01, 2025
Seattle Schools Must Face Teacher's Retaliation Lawsuit
A Washington state appeals court breathed new life into a Seattle public schoolteacher's suit claiming she was punished for reporting that elementary school personnel mistreated students of color, faulting a trial court's conclusion that she hadn't done enough to satisfy presuit obligations.
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April 01, 2025
AFL-CIO Backs Oregon's Cannabis Labor Peace Law
The AFL-CIO has jumped into a legal battle to defend against a constitutional challenge seeking to block implementation of a voter-approved Oregon state law that requires cannabis businesses to have labor peace agreements.
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April 01, 2025
Uber Case Shouldn't Head To Pa. Justices, 3rd Circ. Told
The Third Circuit has already made clear which standard applies to determine whether workers are independent contractors or employees under Pennsylvania law, said the Pennsylvania Chamber of Business and Industry, backing Uber's arguments to not send a misclassification case to the state justices.
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April 01, 2025
Former O'Hagan Meyer Partner Says Firm Owes Final Bonus
A former O'Hagan Meyer partner says the firm stiffed him out of a final $71,000 bonus upon his departure in 2022. He's seeking triple damages under Massachusetts' wage law.
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April 01, 2025
Counterclaim Against Paralegal Must Proceed, Firm Says
A counterclaim accusing a paralegal of bringing an unpaid overtime wages suit against an El Paso law firm in order to extort it for money should stay in play, the firm told a Texas federal court, saying its counterclaim is sufficiently linked to the former employee's litigation.
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March 31, 2025
SpaceX Says It's Too Soon To Transfer Battle With NLRB
SpaceX urged a Texas federal court to vacate a renewed order making California the location for the aerospace company's lawsuit challenging the constitutionality of the National Labor Relations Board's structure, saying conditions the Fifth Circuit imposed for renewing a bid for a transfer after blocking it in August haven't been met.
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March 31, 2025
9th Circ. Won't Stay Injunction On Transgender Troop Ban
A Ninth Circuit panel on Monday denied the federal government's bid for an emergency stay that would have allowed the U.S. Department of Defense to move forward with the Trump administration's ban on transgender military service following a Washington federal judge's decision to block the prohibition last week.
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March 31, 2025
Trump Picks Boyden Gray Attorney For Top DOL Lawyer Role
President Donald Trump on Monday nominated Jonathan Berry of Boyden Gray PLLC to be solicitor of labor, the U.S. Department of Labor's top lawyer.
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March 31, 2025
Former Stimlabs Exec Must Face Trade Secrets Claims
A former biomedical technology company executive must face claims that she absconded with thousands of internal files containing valuable product information in the days and weeks leading up to her ouster last year, a Georgia federal judge ruled.
Expert Analysis
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What Day 1 Bondi Memos Mean For Corporate Compliance
After Attorney General Pam Bondi’s flurry of memos last week declaring new enforcement priorities on issues ranging from foreign bribery to diversity initiatives, companies must base their compliance programs on an understanding of their own core values and principles, says Hui Chen at CDE Advisors.
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Lights, Camera, Ethics? TV Lawyers Tend To Set Bad Example
Though fictional movies and television shows portraying lawyers are fun to watch, Hollywood’s inaccurate depictions of legal ethics can desensitize attorneys to ethics violations and lead real-life clients to believe that good lawyers take a scorched-earth approach, says Nancy Rapoport at the University of Nevada, Las Vegas.
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What Employers Should Know For Next Round Of H-1B Filings
With the fiscal year 2026 H-1B visa period opening soon, employers should brush up on the registration and filing procedures, as well as organize applicable data, to ensure they are ready for this dynamic, multistep process, say attorneys at Morgan Lewis.
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Ga. Tech Case Shows DOJ Focus On Higher Ed Cybersecurity
The Justice Department’s ongoing case against the Georgia Institute of Technology demonstrates how many colleges and universities may be unwittingly exposed to myriad cybersecurity requirements that, if not followed, could lead to False Claims Act liability, say attorneys at Woods Rogers.
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5 Things For Private Employers To Do After Trump's DEI Order
Following President Donald Trump's recent executive order pushing the private sector to narrow, and even end, diversity, equity and inclusion initiatives, employers should ensure DEI efforts align with their organization's mission and goals, are legally compliant, and are effectively communicated to stakeholders, say attorneys at Mintz.
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Will 4th Time Be A Charm For NY's 21st Century Antitrust Act?
New York's recently introduced 21st Century Antitrust Act would change the landscape of antitrust enforcement in the state and probably result in a sharp increase in claims — but first, the bill needs to gain traction after three aborted attempts, says Tyler Ross at Shinder Cantor.
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Perspectives
Accountant-Owned Law Firms Could Blur Ethical Lines
KPMG’s recent application to open a legal practice in Arizona represents the first overture by an accounting firm to take advantage of the state’s relaxed law firm ownership rules, but enforcing and supervising the practice of law by nonattorneys could prove particularly challenging, says Seth Laver at Goldberg Segalla.
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Zuckerberg's Remarks Pose Legal Risk For Meta Amid Layoffs
Within days of announcing that Meta Platforms will cut 5% of its lowest-performing employees, Mark Zuckerberg remarked that corporations are becoming "culturally neutered" and need to bring back "masculine energy," exposing the company to potential claims under California employment law, says Andi Mazingo at Lumen Law Center.
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AI Will Soon Transform The E-Discovery Industrial Complex
Todd Itami at Covington discusses how generative artificial intelligence will reshape the current e-discovery paradigm, replacing the blunt instrument of data handling with a laser scalpel of fully integrated enterprise solutions — after first making e-discovery processes technically and legally harder.
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When Innovation Overwhelms The Rule Of Law
In an era where technology is rapidly evolving and artificial intelligence is seemingly everywhere, it’s worth asking if the law — both substantive precedent and procedural rules — can keep up with the light speed of innovation, says Reuben Guttman at Guttman Buschner.
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The Future Of ALJs At NLRB And DOL Post-Jarkesy
In the wake of the U.S. Supreme Court’s 2024 Jarkesy ruling, several ongoing challenges to the constitutionality of the U.S. Department of Labor's and the National Labor Relations Board's administrative law judges have the potential to significantly shape the future of administrative tribunals, say attorneys at Wiley Rein.
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Preparing For A Possible End To The Subminimum Wage
The U.S. Department of Labor's proposed rule to end the subminimum wage for employees with disabilities may significantly affect the community-based rehabilitation and training programs that employ these workers, so certified programs should be especially vigilant about compliance during this period of evaluation and scrutiny, say attorneys at Jackson Lewis.
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Engaging With Feds On Threats To Executives, Employees
In an increasingly polarized environment, where companies face serious concerns about how to protect executives and employees, counsel should consider working with federal law enforcement soon after the discovery of threats or harassment, says Jordan Estes at Gibson Dunn.
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Imagine The Possibilities Of Openly Autistic Lawyering
Andi Mazingo at Lumen Law, who was diagnosed with autism about midway through her career, discusses how the legal profession can create inclusive workplaces that empower openly autistic lawyers and enhance innovation, and how neurodivergent attorneys can navigate the challenges and opportunities that come with disclosing one’s diagnosis.
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A Halftime Analysis Of DOJ's Compensation Pilot Program
The U.S. Department of Justice appears to consider the first half of its three-year pilot program on compensation incentives and clawbacks to be proceeding successfully, so companies should expect prosecutors to emphasize the program and other compliance-related considerations early in investigations, say attorneys at Debevoise.